[HISTORY: Adopted by the Borough of Rutherford Council 10-5-1982 by Ord. No. 2327-82. Amendments noted where applicable.]
The purpose of this chapter is to license, regulate and control the operation of amusement centers and amusement games, as defined in § 131-2 of the Code, within restricted areas of the Borough of Rutherford in conjunction with the Zoning Code.
No person, firm or corporation shall maintain, operate or possess in any store, building or other place in the Borough of Rutherford wherein the public is invited any amusement game or amusement center referred to in § 8-1 without first obtaining a license therefor in accordance with this chapter.
This chapter shall not apply to private organizations and clubs, provided that said operation is restricted to their members and invited guests.
The applicant shall submit a signed application (new or renewal) to the Borough Clerk, together with payment of the license fee, which shall be submitted forthwith to the Chief of Police and Construction Code Official, who shall each investigate the applicant and the premises and submit written reports.
These officials shall report if the application and its proposed or continued use conform to the zoning, building and health regulations; the past record of its operation if any; and their recommendation to approve or disapprove, giving reasons therefor.
The Clerk shall submit the application and attached reports to the Mayor and Council, who shall either approve or disapprove the requested license.
If disapproved, the applicant, upon request, shall be granted a public hearing before the Mayor and Council as to whether said application should be granted.
If approved, the Clerk shall issue the requested license.
[Amended 12-18-1984 by Ord. No. 2393-84]
The annual fee, payable in advance each year on or before May 1, for each type of license shall be:
Nothing contained in this chapter shall prohibit the holder of a license from substituting a game or machine at the location set forth in said license, but at no time shall more games or machines be at said location than the number allowed by said license.
Any person, firm or corporation holding a license herein provided for who shall knowingly or willfully use or permit to be used any of the machines or games herein described for the purpose of gambling shall be deemed guilty of a violation of this chapter.
Amusement centers may operate only between the hours of 7:00 a.m. and 12:00 midnight each day.
The hours of operation of all other amusement games shall be the same as the regular hours of the primary use at said location, except that in no event shall the games be operated before 7:00 a.m. or after 12:00 midnight.
No person under the age of 16 shall operate or be permitted to operate any machine licensed by this chapter between the hours of 7:00 a.m. and 3:00 p.m. during regular school days of the Rutherford Public School System, unless such person is accompanied by his or her parent, guardian or other supervisory adult who is over the age of 21 years.
The provisions of this chapter shall be severable, and if any of the provisions hereof shall be held unconstitutional, the decision of the court respecting such provision or provisions shall not affect the validity of any other provisions which can be given effect without such invalid provision or provisions.
Any applicants holding valid issued licenses at the time of adoption of this chapter may continue same until May 1, 1983, and thereafter be subject to the provisions hereof.
Any person, firm or corporation violating any provision of this chapter shall, upon conviction thereof, be subject to the revocation or temporary suspension of the license heretofore issued and/or shall be punishable by a fine not exceeding $100 or imprisonment for a term not exceeding 30 days, or both.