[HISTORY: Adopted by the Borough Council of the Borough of Seaside Heights 2-19-1997 by Ord. No. 97-1. Amendments noted where applicable.]
Entertainment establishments — See Ch. 86.
It is hereby determined, declared and found that this municipality constitutes a seashore resort with parts thereof customarily constituting an amusement or entertainment area according to the customary understanding of said terms in the community, and which said parts thereof are more particularly described as follows:
All the lands located within the area bounded on the north by the borderline of Seaside Heights and Ortley Beach, Dover Township, on the south by the center line of Porter Avenue, on the east by the Atlantic Ocean and on the west by the center line of Ocean Terrace or upon a line running parallel thereto.
All the lands located within the area bounded on the north by the center line of Sherman Avenue, on the south by the center line of Grant Avenue, on the east by a line running parallel to and 500 feet easterly from the high-water mark of the Atlantic Ocean and on the west by a line running parallel to the boardwalk and 500 feet westerly from the west side of said boardwalk.
All of the lands located within the area of two certain lots located at the northwest corner of Ocean Terrace and Dupont Avenue, which said lots have a frontage of 40 feet on Dupont Avenue and a depth of 100 feet on Ocean Terrace.
It shall be unlawful for any person firm or corporation to own or operate within this municipality any amusement game or games, as said terms are defined by said Amusement Games Licensing Law, N.J.S.A. 5:8-100 to N.J.S.A. 5:8-120, as amended and supplemented, whether said game or games are of skill or chance, or both, and whether said game or games are played and operated with or without numbers or figures, without first having obtained a license from the Mayor and Council of the Borough of Seaside Heights to do so. Said license shall be issued pursuant to and subject to the provisions of the Amusement Games Licensing Law, as amended and supplemented.
Each applicant for such a license shall file with the Borough Clerk a written application in such form as prescribed by and in accordance with said Amusement Games Licensing Law, as amended and supplemented, and the rules and regulations promulgated by the Amusement Games Control Commissioner of the State of New Jersey.
The fees for the type of licenses to be issued hereunder shall be as follows, and said fees shall accompany the application for said licenses:
Games permitted under Category and Certification No. 1 as defined by N.J.S.A. 5:8-100 et seq. shall be $275.
Games permitted under Category and Certification No. 2 as defined by N.J.S.A. 5:8-100 et seq. shall be $400 for every 50 machines. An additional license is required for each additional 50 machines or fraction thereof.
Games permitted under Category and Certification No. 3 as defined by N.J.S.A. 5:8-100 et seq. shall be $200.
Games permitted under Category and Certification No. 4 as defined by N.J.S.A. 5:8-100 et seq. shall be: Skillo, $1,400; all other games, $475.
Games permitted under Category and Certification No. 5 as defined by N.J.S.A. 5:8-100 et seq. shall be $425 for the first 15 feet; each additional five feet or fraction thereof, $25.
Games permitted under Category and Certification No. 6 as defined by N.J.S.A. 5:8-100 et seq. shall be $150.
Games permitted under Category and Certification No. 7 as defined by N.J.S.A. 5:8-100 et seq. shall be $150.
Games permitted under the Category and Certification No. 8 as defined by N.J.S.A. 5:8-100 et seq. shall be $350.
The Mayor and Council of the Borough of Seaside Heights shall have and exercise control and supervision over all amusement games held, operated or conducted under such licenses with all the powers authorized or granted to the governing body under the Amusement Games Licensing Law and all amendments and supplements thereto and the rules and regulations of the State Amusement Games Control Commissioner.
In addition, all licensees shall specifically comply with the following local regulations:
The price of each game must be clearly visible.
The rules of each game must be predominantly displayed.
Licensees giving prizes must adhere to the following regulations regarding prizes:
The number of wins required for each prize must be clearly marked.
Where a licensee, through signs or other notices, has indicated that one win will take any prize on the stand, there shall be no exceptions.
Prizes which are out of stock must be so marked.
All damaged or nonworking prizes shall be exchanged if returned within a reasonable time.
All tickets issued by a licensee to be redeemed for a prize shall show the name and address of the stand, the year of issue and shall indicate a date when the ticket will be honored for redemption should there exist any expiration date. Absent any date specified, it shall be assumed that there is no expiration date for redemption of any given ticket.
No licensee shall utilize any false or misleading advertising.
Each licensee shall be required to place in open view of the public in a permanent location the numerical address or stand number where the license is located. Said numerical address shall be in black numbers at least four inches high placed upon a white background.
In the event that any licensee shall violate any of the provisions of this article or of the Amusement Games Licensing Law or the rules and regulations promulgated by the State Amusement Games Control Commissioner or the term of such license, such licensee shall, if convicted as such, in addition to suffering any other penalties which may be imposed, forfeit any license issued to said licensee under this article.
[Amended 12-3-1997 by Ord. No. 97-13]
No license shall be issued for premises upon which are located speakers which emit music or any amplified sound, unless said speakers are positioned such that they are turned in towards the booth, store or premises upon which they are located. Failure of the licensee to keep the speakers turned inward shall be a violation of the provisions of this article.
[Amended 5-21-2008 by Ord. No. 08-08]
Under and subject to the terms, conditions and restrictions of this chapter; the Raffles Licensing Law (N.J.S.A. 5:8-50 et seq.); the Bingo Licensing Law (N.J.S.A. 5:8-24 et seq.); the Legalized Games of Chance Control Law (N.J.S.A. 5:8-1 et seq.); and the rules and regulations adopted and promulgated or to be adopted and promulgated hereafter by the Legalized Games of Chance Control Commission of the State of New Jersey, licenses shall be issued in this municipality to bona fide organizations or associations as described in said laws.
Games of chance commonly known as "bingo" and "raffles," as provided by the laws of the State of New Jersey, N.J.S.A. 5:8-1 et seq., may be conducted in the Borough of Seaside Heights on the first day of the week commonly known and designated as "Sunday," provided that the applicant for the license to conduct such game otherwise qualifies under the provisions of the aforementioned statutes of the State of New Jersey and the rules and regulations of the Legalized Games of Chance Control Commission.
The Borough Clerk or Deputy Borough Clerk shall, on behalf of the municipality:
File with the Legalized Games of Chance Control Commission a certified copy of this chapter within 10 days after its adoption.
On or before the first day of February in each year, or at any other time or times which said Commission may determine, make report to the Commission of the number of licenses issued in this municipality under each of said licensing laws and the names and addresses of the licensees, the aggregate of the license fees collected, and the names and addresses of all persons detected for violation of each of said laws or of the rules and regulations adopted by the State Control Commission and of all persons prosecuted for such violations and the result of each such prosecution and the penalties imposed therein during the preceding calendar year or the period for which the report is required.
Pursuant to N.J.A.C. 13:47-1.1, serve as the municipal issuing authority to approve the granting of raffles and bingo licenses.
The license fee for raffles shall be a fee based upon prize value as follows:
The license fee for bingo shall be $10 for each occasion upon which any game or games are to be conducted under such license.
No person, organization, club, company or squad shall conduct, operate, run, participate in or attend at any unlicensed raffle or bingo game in the Borough of Seaside Heights.
No person, organization, club, company or squad shall violate any of the terms or provisions of any one or more of the following:
A conviction hereunder after hearing shall be proper ground, as determined by the governing body, to suspend or revoke a license issued pursuant to this chapter if any has been issued and is outstanding. This provision for suspension or revocation of license by the governing body shall be available in addition to those remedies which may be initiated by the Control Commission pursuant to N.J.S.A. 5:8-30.
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $2,000, by imprisonment for a term not to exceed 90 days and/or by a period of community service not to exceed 90 days, in the discretion of the Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.