[HISTORY: Adopted by the Borough Council
of the Borough of Seaside Heights 2-19-1997 by Ord. No. 97-1. Amendments
noted where applicable.]
GENERAL REFERENCES
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:
A.
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.
B.
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.
C.
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:
A.
Games permitted under Category and Certification No.
1 as defined by N.J.S.A. 5:8-100 et seq. shall be $275.
B.
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.
C.
Games permitted under Category and Certification No.
3 as defined by N.J.S.A. 5:8-100 et seq. shall be $200.
D.
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.
E.
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.
F.
Games permitted under Category and Certification No.
6 as defined by N.J.S.A. 5:8-100 et seq. shall be $150.
G.
Games permitted under Category and Certification No.
7 as defined by N.J.S.A. 5:8-100 et seq. shall be $150.
H.
Games permitted under the Category and Certification
No. 8 as defined by N.J.S.A. 5:8-100 et seq. shall be $350.
A.
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.
B.
In addition, all licensees shall specifically comply
with the following local regulations:
(1)
The price of each game must be clearly visible.
(2)
The rules of each game must be predominantly displayed.
(3)
Licensees giving prizes must adhere to the following
regulations regarding prizes:
(a)
The number of wins required for each prize must
be clearly marked.
(b)
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.
(c)
Prizes which are out of stock must be so marked.
(d)
All damaged or nonworking prizes shall be exchanged
if returned within a reasonable time.
(e)
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.
(4)
No licensee shall utilize any false or misleading
advertising.
(5)
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:
A.
File with the Legalized Games of Chance Control Commission
a certified copy of this chapter within 10 days after its adoption.
B.
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.
C.
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.
