As used in this chapter, the following terms
shall have the meanings indicated:
COIN-OPERATED AMUSEMENT DEVICE (hereinafter "device")
Any automatic, mechanical or electronic amusement device,
game or device of skill or entertainment, such as pinball machines,
electronic games, bowling machines, mechanical game machines, Skee-Ball
machines, pokerino machines and commercial pool tables, which is or
are operated or set in motion by the deposit therein of any coin or
coins, tokens or slugs or the like thereof, purchased for cash, and
including electronic videotype games or machines or similar devices
that use a display screen for points, lines or dots of light that
can be manipulated to simulate games or other types of entertainment.
Excluded from this definition are music vending machines commonly
known as "jukeboxes."
No person, firm or corporation shall install,
place, maintain, operate or possess in any store, place of business,
building, public place or quasi-public place wherein the public is
invited or may enter any coin-operated amusement device within the
limits of the Borough of Emerson without first applying for and obtaining
a license therefor for each device to be utilized.
[Amended 2-10-1981 by Ord. No. 774]
Any person who owns or leases devices as defined in §
110-1 herein and who is a religious organization as defined under Section 501(c)(3) of the United States Internal Revenue Code is exempted from the fees and payment requisites of obtaining a license or licenses upon said device(s), but such organization shall remain subject to all other provisions of this chapter.
No more than four licenses shall be issued for
devices in or about any single premises or location.
Any time after the granting of said license,
the Mayor and Council may, in the exercise of its discretion, revoke
the same.
The license granted pursuant to this chapter
shall:
A. Be posted in a conspicuous place at the location for
which said license was granted.
B. State the name and address of the licensee.
C. State the manufacturer, model number and serial number
for each device for which said license was issued.
D. Be signed by the Borough Clerk of Emerson.
E. Indicate date of issuance and expiration date.
For a new license subsequent to an initial license,
application shall be made by November 1 of the preceding year. Said
application shall be in the same form as if the application were an
original application. License fees in the amount of the original license
shall be charged for each successive license unless a new fee has
been duly established, in which case the new fee shall be charged.
[Amended 2-10-1981 by Ord. No. 774; at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
No premises shall be issued a license for a
device unless such premises are located in one of the following zones
as referenced in the Borough Zoning Code: Retail Commercial Zone (RC)
and Limited Business (LB), or, regardless of zone, are premises which are owned, controlled and operated by an organized religious institution which qualified for the exception to licensing fees pursuant to §
110-3 hereof.
Any licensee who shall suffer, permit or approve
of the use of any device for gambling purposes shall be deemed in
violation of this chapter.