[HISTORY: Adopted by the Mayor and Council of the Township
of Berlin as indicated in article histories. Amendments noted where
applicable.]
[Adopted 1-10-1983 by Ord. No. 1-1983 (Ch. 37 of the 1976
Code)]
[Amended 10-27-1997 by Ord. No. 1997-25]
A.Â
The purpose of this article is to license, regulate and control those
automatic amusement devices which are operated for the purpose of
making a profit.
B.Â
The objective of this article is to regulate the business of amusement
devices so as to prevent nuisances to patrons and the public, fire
hazards from overcrowding, poor ingress and egress of premises where
amusement devices are located, the promotion of gambling, loitering,
or the creation of an unhealthy atmosphere, for residents or patrons,
or other foreseeable undesirable effects of such devices. The purpose
of this article is also to prevent unsanitary and unsafe health conditions
within projection booths.
[Amended 10-27-1997 by Ord. No. 1997-25]
For the purposes of this article, the following terms shall
have the meanings indicated:
Any automatic, mechanical or electronic amusement device,
game or device of skill or entertainment 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 video-type
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, as well as coin-operated movie
booths, machines and devices for the display or showing of pictures,
slides or films. It shall also include projection booths or designated
areas where movies, film, videocassettes or the like may be viewed
individually or in small groups of no more than three individuals
and operated as described above.
A.Â
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 Township of
Berlin without first applying for and obtaining a license therefor
for each and every coin-operated amusement device to be installed.
B.Â
Notwithstanding anything contained in this section to the contrary,
there is hereby exempted from all the aforementioned licensing fee
requirements all organizations, associations and corporations not
for profit, organized pursuant to the provisions of Title 15 of the
New Jersey Revised Statutes or otherwise, whose primary activity is
religious, educational, eleemosynary or fraternal. In addition, all
establishments holding a plenary retail consumption liquor license
are hereby exempted from the aforementioned licensing fee requirement
for applications only.
A.Â
All license applicants must be at least 18 years of age and shall
submit a separate application for each coin-operated amusement device,
which shall be filed, together with the appropriate fee therefor,
with the Township Clerk, which application shall state the following:
(1)Â
The name, age and address of the owner and/or lessor of the coin-operated
amusement device and the name and address of the bailee or lessee
of such device.
(2)Â
A scaled sketch indicating the location of the premises, approximate
interior dimensions and proposed placement within the premises of
said devices that are to be installed, used or kept, which sketch
shall be an accurate representation of the premises.
(3)Â
The name and address of the owner of such premises.
(4)Â
Specific description of the type of coin-operated amusement device
sought to be licensed, together with its serial number or other means
of identification. All replacement machines shall be similarly reported
to the Township Clerk within 10 days of installation.
B.Â
The truth of the information submitted in any application under this
section shall be sworn to, and any willful misstatement therein shall
be considered a violation of this section and shall subject the offender
to the penalties provided herein.
Upon receipt of the application set forth above, the Chief of
Police or his designee, the Building Inspector and Fire Marshal of
the Township shall cause such investigation to be made of the applicant's
business and moral character as they deem necessary for the protection
of the public good. The investigation may include photographing and
fingerprinting of the applicant. If as a result of such investigation
the applicant's character or business responsibility are found to
be unsatisfactory and contrary to the public welfare, these Township
officials shall deny the application. If as a result of such investigation
the applicant's character and business responsibility are found to
be satisfactory, these Township officials shall endorse the approval
of the application, thereby authorizing the Township Clerk to issue
a license for the operation of a coin-operated amusement device by
the applicant.
[Amended 3-14-1983 by Ord. No. 4-1983]
A.Â
Each device shall be located at least 10 feet from the entranceway
to the premises in which located and placed so that it does not obstruct
or interfere with the free and unfettered passage of patrons or users
of the premises.
B.Â
Each device shall have unobstructed perimeter zone or distance of
2Â 1/2 feet around the sides of the three linear borders of said
device wherein the users of said device may use, watch, or wait to
use said device.
C.Â
No more than four coin-operated amusement devices are permitted on
the premises at any one time.
D.Â
Each device may only be used or operated during the hours of operation
of the premises in which located, and when the operator or an employee
of the operator is present in the premises.
[Amended 3-14-1983 by Ord. No. 4-1983; 10-27-1997 by Ord. No.
1997-25; 4-29-2019 by Ord. No. 2019-3]
The fee(s) payable hereunder shall be as set forth in Chapter 156, Fees.
[Amended 3-14-1983 by Ord. No. 4-1983]
No license fee shall be refunded upon the revocation or surrender
of any license.
[Amended 3-14-1983 by Ord. No. 4-1983]
A.Â
License cards issued pursuant to this article shall specify the location
of the premises of which the licensed coin-operated amusement device
is to be used or kept, a brief description of the device, or other
means of identification, and the name and address of the owner and
lessee or bailee of said device.
B.Â
All license cards issued pursuant to this article shall be posted
and at all times displayed in a conspicuous place on the premises.
C.Â
All licenses issued pursuant to this article shall expire on December 31st of each year. Upon the expiration of the license, the holder shall either cease operation of all automatic amusement devices or renew the license at the fee(s) as set forth in Chapter 156, Fees.
[Amended 4-29-2019 by Ord. No. 2019-3]
A.Â
Any person,
firm or corporation violating any of the provisions of this article
shall, upon conviction for such violation, be committed to the county
jail for a term not exceeding 30 days or shall be fined a sum not
exceeding $1,000, or both, at the discretion of the court.
[Amended 10-27-1997 by Ord. No. 1997-25]
B.Â
Each and
every day in which a violation of any provision of this article exists
shall constitute a separate violation.
[Adopted 10-27-2008 by Ord. No. 2008-11]
[Amended 12-14-2020 by Ord. No. 2020-9]
The following words and terms, when used in this article, shall
have the following meanings, unless the context clearly indicates
otherwise:
As defined in N.J.S.A. 5:8-78 through N.J.S.A. 5:8-119, inclusive,
as may be amended from time to time.
Any mechanical device(s) which carries or conveys passengers
along, around or over a fixed, restricted route or course for the
purpose of giving its passengers pleasure, thrills or excitement and
as otherwise defined and regulated under the Carnival-Amusement Rides
Safety Act, N.J.S.A. 5:3-31 et seq. as may be amended from time to
time.
A place where a single player may play any one of a number
of machines or devices, upon payment of a fee, to attempt to obtain
a prize or tickets or tokens redeemable for a prize, or to attempt
to attain a score or result upon the basis of which a prize, ticket
or token is awarded.
A certification of permissibility granted by the Control
Commission pursuant to N.J.A.C. 13:3-7.1 et seq. as may be amended
from time to time.
The Legalized Games of Chance Control Commission, the successor
to the Amusement Games Control Commissioner pursuant to Reorganization
Plan No. 004-1992, at 24 N.J.R. 4462, November 30, 1992.
The governing body of the Township of Berlin, County of Camden,
State of New Jersey.
An amusement game offered through an electronic device that
allows a player to participate in a game of skill or chance through
interaction with the device.
The Amusement Games Licensing Law, N.J.S.A. 5:8-78 through
N.J.S.A. 5:8-119, inclusive, as may be amended by time to time.
A commercially operated permanent business, open to the public
at least 31 consecutive days annually, whose acreage is designed and
themed for the primary purpose of providing participatory amusements,
incorporating skill-based attractions, rides or water slides licensed
in accordance with P.L. 1975 c. 105 (N.J.S.A. 5:3-31 et seq.) or electronic
amusements, and food and merchandise concessions in permanent structures.
Nothing in this definition shall prevent a license from being issued
in any location which has had a license issued prior to the effective
date of P.L. 2015, c. 149 (N.J.S.A. 5:8-78.1 et al).
Any amusement game(s), whether of skill or chance, or both,
and whether the game is played and operated with or without numbers
or figures, played for amusement or entertainment, in which the person
or player actively participates and the outcome of which is not in
the control of the operator and which is so conducted that the sale
of a right to participate, the event which determines whether a player
wins or loses and the award of the merchandise prize, tickets, or
tokens all occur as a continuous sequence at the time when and place
where the player or players are all present.
New Jersey Administrative Code Title 13, Chapter 3, as may be amended from time to time.
An amusement utilizing a tangible object such as a ball,
puck, or other portable object either alone or in competition with
other on-premises guests, or requiring the exertion of physical, aerobic
activity, such as dancing, climbing, running, or jumping rope; or
any amusement that is predominantly skill-based and can be played
either alone or in competition with other on-premises guests.
The Township of Berlin, County of Camden, State of New Jersey.
It shall be lawful for the Township, except when prohibited
by law, to license the owner and operator of any amusement game(s),
whether of skill or chance, or both, and whether said game be played
and operated with or without numbers or figures, to hold and operate
such amusement game(s), which term is defined as a game(s) played
for amusement or entertainment, in which the person or player actively
participates and the outcome of which is not in the control of the
operator and which is so conducted that the sale of a right to participate,
the event which determines whether a player wins or loses and the
award of the prize, tickets, or tokens all occur as a continuous sequence
at the time when and place where the player or players are all present,
provided that the same are to be held and operated at a recognized
amusement park in that part thereof customarily constituting an amusement
or entertainment area according to the customary understanding of
said terms in the community, and provided that the same shall be held,
operated and conducted pursuant to the law and this article and such
license and the license issued by the State Legalized Games of Chance
Control Commission, as herein provided, and under such conditions
and regulations for the supervision and conduct thereof as shall be
prescribed by rules and regulations duly adopted from time to time
by the Commission, not inconsistent with the provisions of the Amusement
Games Licensing Law and this article, and for any person or persons
to participate in and play such amusement games conducted under such
licenses.
A.Â
It shall be unlawful for any person to own or operate within the
Township any redemption amusement game without first having obtained
a proper license from the Township and the Commission. The license
shall be issued only pursuant to the provisions of the law and this
article.
B.Â
Each applicant for such a license shall file with the Township Clerk
a written application therefor in the form prescribed by the Commission
duly executed and verified, together with the fees specified by law
and this article.
C.Â
Each license issued by the Township shall be inoperative unless the
licensee named therein shall also, within 90 days from the issuance
thereof and prior to the conduct or operation of amusement games thereunder,
procure a state license authorizing the licensee holding the Township
license to operate and conduct certain games according to the terms
of the Township license.
[Amended 12-14-2020 by Ord. No. 2020-9]
A.Â
Amusement games license:
(1)Â
A separate Township license shall be issued for each specific kind
of game authorized to be held, operated and conducted on the licensed
premises by the licensee, except that a single license may be issued
for all games classified under Certification No. 2 pursuant to N.J.A.C.
13:3-7.9(a)2 and operated in an arcade at a single location.
(2)Â
As a condition of granting an amusement game license, the applicant
therefor shall pay to the Township an annual fee of $25 per game for
games in Certifications 1, 3, 4, 5, 6, 7, 8 and 9.
(3)Â
An applicant who is the owner of a recognized amusement park with
an arcade shall pay to the Township an annual fee of $100 for the
first 50 machines in Certification 2, plus an additional fee of $10
per machine for each machine in excess of 50 machines operated or
to be operated at the arcade.
(4)Â
No licensee shall hold, operate or conduct on the licensed premises
any unlicensed game required to be licensed pursuant to the Amusement
Games Control Law or the Amusement Games Licensing Law[1] or the Legalized Games of Chance Control Commission regulations.
[1]
Editor's Note: See N.J.S.A. 5:8-100 et seq.
B.Â
Recognized amusement park license:
(1)Â
No person shall maintain, operate, or cause to be conducted any recognized
amusement park without first obtaining a license by the Township.
No license shall be issued unless and until an ordinance shall have
been adopted by the Township declaring that a recognized amusement
park exists in the municipality at that particular location.
(2)Â
Each applicant for such a license shall file with the Township Clerk
a written application therefor in the form prescribed by the Legalized
Games of Chance Control Commission, duly executed and verified, in
which shall be stated the name and address of the applicant, together
with sufficient facts relating to its incorporation and organization
if the applicant be a corporation or organization; the specific kind
of amusement games intended to be held, operated and conducted by
the applicant, and the place or places where, the period, term, date
or dates and the time or times when, such amusement games are intended
to be conducted by the applicant, under the license applied for; and
that no prize or prizes will be offered and given under said license
except of merchandise only and same shall be of a value not in excess
of the sum or value authorized to be offered and given by this act
and such other information as shall be prescribed by the Legalized
Games of Chance Control Commission.
(3)Â
All applications shall be either approved or denied in accordance
with the provisions of N.J.S.A. 5:8-100 et seq.
(4)Â
Any license issued by the Township shall remain inoperative unless
and until such licensee, within 90 days of the issuance of the license,
and prior to the conduct or operation of amusement games thereunder,
has procured a state license authorizing the licensee holding the
municipal license to operate and conduct certain games according to
the terms of such municipal license, as provided for by N.J.S.A. 5:8-102.
(5)Â
All licenses shall be issued on a calendar-year basis, with a maximum
term from January 1 to December 31 of the year within which the license
is to be operative.
(6)Â
No application for the issuance of a license shall be refused by
the Township Council until after a hearing is held on due notice to
the applicant, at which the applicant shall be entitled to be heard
upon the qualifications of the applicant and the merits of the application.
(7)Â
Any license issued under this section may be amended, upon application
made to the Township Council, if the subject matter of the proposed
amendment could lawfully and properly have been included in the original
license and upon payment of such additional license fee, if any, as
would have been payable, if it had been so included.
(8)Â
A licensee shall be permitted to install and operate coin-operated amusement games within the licensed premises and such coin-operated games shall be deemed to be amusement games within the meaning of this article. The provisions of Article I, §§ 83-1 through 83-10 of this Code shall not apply to the maintenance of coin-operated games by recognized amusement parks.
A.Â
No license shall be issued to authorize the operation and conduct
of any amusement game in the Township unless the game is:
(1)Â
Played for amusement or entertainment;
(2)Â
One in which the person or player actively participates;
(3)Â
One in which the outcome is not in the control of the operator; and
(4)Â
One which is so conducted that, when and where all of the players
are present, there occurs, in continuous sequence:
B.Â
No licensee shall hold, operate or conduct or allow, permit or suffer
the holding, operation or conduct of any amusement game on the licensed
premises during hours or on days prohibited by municipal ordinance
or during hours or on days not authorized by the license as indicated
on the license certificate.
C.Â
No amusement game license shall be issued for any premises which
holds an alcoholic beverage license, except that any plenary retail
consumption licensee duly licensed by the Township, which has been
duly qualified and licensed as a recognized amusement park may serve
alcoholic beverages in accordance with Township Ordinances and Codes,
Title 33 of the Revised Statutes of the State of New Jersey; and the
rules and regulations promulgated by the Division of Alcoholic Beverage
Control.
[Amended 12-14-2020 by Ord. No. 2020-9]
No license shall be issued under the law or this article to
authorize the holding, operation or conduct of any bingo game, nor
for any draw raffle.
No license shall be issued to authorize the holding, operation
or conduct of any game not certified as permissible by the Commission
pursuant to N.J.A.C. 13:3-7, Certification of Permissible Games by
Commission, and any license issued with respect to any certified game
shall authorize it to be held, operated and conducted only within
the limitations and restrictions of its certification.
A.Â
No licensee shall offer or give, directly or indirectly, any prize
in any single amusement game except merchandise, other than alcoholic
beverages; drug or narcotic paraphernalia; obscene or indecent recordings,
printings, writings, pictures or other matter; or weapons as defined
in N.J.S.A. 2C:39-1r.
B.Â
The retail value of any merchandise prize(s) offered or awarded in
any game or for an accumulation of wins from a series of games or
plays shall not exceed an average retail value prescribed by N.J.A.C.
13:3-3.5(b).
A.Â
All licenses shall be issued on a calendar-year basis, with a maximum
term from January 1 to December 31 of the year within which the license
is to be operative, or for such shorter term within the year as may
be fixed by law, ordinance or resolution.
B.Â
In any event, the full annual fee as fixed by ordinance shall be
payable without proration and shall accompany the license application.
C.Â
In the event of denial or withdrawal of the application, or in the event of denial or withdrawal of an application for a state license filed with the Commission pursuant to N.J.A.C. 13:3-2, Issuance of Licenses by Commission, the Township shall charge a retention fee as set forth in Chapter 156, Fees.
[Amended 4-29-2019 by Ord. No. 2019-3]
A.Â
Each application for a license shall be submitted in duplicate in
a form prescribed by the Commission. The application requests information
which includes the following: name and address of the applicant, type
and location of the game, and identification of the business form.
B.Â
The original shall be retained by the Township, and, in the event
the application is granted, the copy shall be transmitted forthwith
to the Commission.
No Township license shall be issued to any applicant if any
of the persons required by N.J.A.C. 13:3-1.11 to be fingerprinted
in connection with the application are not of good moral character
or have ever been convicted of a crime, unless the disqualification
resulting from such conviction has been removed by the Commission
pursuant to P.L. 1962, c. 200.[1]
[1]
Editor's Note: See N.J.S.A. 5:8-103.
In the event the Township determines the license should not
be granted, the applicant shall be granted a hearing, held on due
notice to the applicant, at which time the applicant shall be entitled
to be heard upon the qualifications of the applicant and the merits
of the application.
A.Â
Each individual applicant, the officers, directors, and stockholders
(including the officers, directors and stockholders of any corporation
holding 5% or more of the capital stock) of any corporate applicant,
as well as the partners or members, as the case may be, of any partnership,
association, or organization applicant, or any employee of an applicant,
upon filing of an initial application, may, if so required by the
Commission or Township, be fingerprinted under the supervision of
the Township Chief of Police.
B.Â
The fingerprint records so obtained shall be marked "applicant" and
shall be submitted to the Federal Bureau of Investigation and the
New Jersey State Police Bureau of Identification, and, upon receipt
of returns from such Bureaus, the Chief of Police shall make a report
thereof to the Council, together with a report of any other arrest
or conviction record which may be obtained from other sources.
C.Â
Failure or refusal of any of the above-designated persons to submit
to fingerprinting shall be deemed cause for denial of the application.
D.Â
Any fees for fingerprinting or any other investigations shall be
paid for by the applicant.
A.Â
No licensee shall employ in any capacity on the licensed premises
any person who would fail to qualify as a licensee by reason of conviction
of a crime or otherwise.
B.Â
The licensee may require employees to complete an application or
affidavit certifying the employee's eligibility for employment under
the terms of this section adopted by the Commission.
No licensee shall employ or have connected with him in any business
capacity whatsoever any adult person who refuses to submit himself
or herself for fingerprinting when required to do so by any agent
of the Township or the Commission.
No licensee shall allow any person other than the licensee to
exercise or attempt to exercise, or hold himself or herself out as
authorized to exercise, the rights and privileges of the license issued
to the licensee or allow any person other than the licensee to share
in the profits of the licensed business, except by way of bona fide
rental agreements with landlords, bona fide commission or bonus agreements
with amusement game/ride operating companies or personnel, first approved
by the Commission.
A.Â
No Township amusement game license shall be issued unless and until
the issuance thereof has been authorized by a resolution duly adopted
by the Council. The resolution shall, among other things, specifically
recite that the premises to be licensed are located in a recognized
amusement park in the Township.
B.Â
A certified copy of the resolution, together with a copy of the application
endorsed to show the granting of a Township license, shall be transmitted
to the Commission by the Township within three business days of the
Township license being granted.
Each license certificate shall indicate:
A.Â
The name of the licensee;
B.Â
The address of the licensed premises;
C.Â
The name and detailed description of the kind of game licensed;
D.Â
The amount of fee paid;
E.Â
A statement of the dates and the hours between which such game may
be conducted; and
F.Â
Such other information as may be required on a form prescribed by
the Commission.
A.Â
No licensee shall hold, operate, conduct or allow any amusement game
on the licensed premises unless a current, original license certificate
is conspicuously posted.
B.Â
The license certificate shall be maintained in a manner so that it
may be easily read.
D.Â
The person requesting the license certificate shall be afforded the
opportunity to review and record any and all information on the license
certificate.
E.Â
A photocopy or other reproduction of the license certificate shall
not be acceptable for purposes of compliance with this section. The
original license certificate shall not be photocopied or reproduced.
A.Â
Any license may be amended, upon application to the Township, a copy
of which application must be submitted to the Commission, if the subject
matter of the proposed amendment could lawfully and properly have
been included in the original license and upon payment of such additional
license fee, if any, as would have been payable.
B.Â
Notice of any such amendment shall be certified to the Commission by the Township within three days, along with an amendment fee payable by the licensee to the Commission as set forth in Chapter 156, Fees.
[Amended 4-29-2019 by Ord. No. 2019-3]
C.Â
No licensee who has applied for an amended license shall operate
a game other than that which has been licensed by the Township and
the Commission until an amended license certificate has been issued.
Whenever any change shall occur in the facts as set forth in
any application for a license, the licensee shall file with the Commission
and the Township a notice in writing of such change within 10 days
after such change in information, which notice of change shall become
part of the application.
A.Â
In case of death, bankruptcy, receivership or incompetency of the
licensee, or if for any other reason the operation of the business
covered by the license shall devolve by operation of law upon a person
other than the licensee, application for extension of the license
for a limited time, not exceeding its term, shall be made promptly
by the executor, administrator, trustee, receiver, or other person
upon whom operation of the business covered by the license shall have
devolved by operation of the law.
B.Â
Application for such extension shall be made in the form of a petition
addressed to and acted upon by the municipal governing body.
C.Â
If the petition for extension is granted, the license certificate
shall be appropriately endorsed by the municipal governing body without
fee, and a report of the extension shall be made to the Commission
by the municipal governing body within 10 days.
A.Â
The Township and the Commission shall have and exercise control and
supervision over all amusement games held, operated or conducted under
any amusement game license issued to the end that the game(s) are
fairly held, operated and conducted in accordance with the provisions
of the license, the rules and regulations promulgated by the Commission
and the provisions of this article governing the holding, operation
and conduct of the games.
B.Â
The Township and the Commission shall have power and authority to
suspend any license issued by the Township and to revoke the same,
after hearing, for any violation of the law or this article and shall
have the right of entry by its officers and agents, at all times during
normal business hours as posted for the general public, into the premises
where any such amusement game(s) is being held, operated and conducted
or where it is intended that any such amusement game(s) shall be held,
operated and conducted or where any equipment being used or intended
to be used in the conduct thereof is found, for the purpose of inspecting
the same.
Any person, association or corporation who or which shall make
any false statement in any application for an amusement game license
or shall fail to keep such books and records as shall fully and truly
record all transactions connected with the holding, operating or conducting
of amusement games under any such license or shall falsify or make
any false entry in any books or records so far as they relate to any
transaction connected with the holding, operating and conducting of
any amusement game under any such license or shall violate any of
the provisions of the law or this article or of any term of such license
shall be a disorderly person and, if convicted as such, shall, in
addition to suffering any other penalties which may be imposed, forfeit
any license issued to it under the law or this article.
No licensee shall allow on the licensed premises any playing
for money or other valuable thing at any game other than that permitted
by the license issued pursuant to the application and description
of the game for that licensed premises, and in no event shall any
prize be conditioned in any way upon any occurrence at or upon the
outcome of any athletic, sporting game or contest or lottery.
A.Â
In any disciplinary proceedings to suspend or revoke any amusement
games license, it shall be sufficient, in order to establish the guilt
of the licensee, to show that the violation was committed by an agent,
servant or employee of the licensee.
B.Â
The fact that the licensee did not participate in the violation or
that his agent, representative or employee acted contrary to instructions
given to him by the licensee or that the violation did not occur in
the licensee's presence shall constitute no defense to the charges
proffered in such disciplinary proceedings.
A.Â
There shall be no limit on the time within which tokens or tickets
must be redeemed in any arcade licensed pursuant to N.J.A.C. 13:3-7.9(a)2
under Certification No. 2. Debit cards with unused credits that are
inactive (not activated or used) for a period of two years shall become
void, and the licensee shall have the right to retain these funds
as income.
B.Â
The transfer of ownership of any recognized amusement park arcade
licensed by the Township under Certification No. 2, N.J.A.C. 13:3-7.9(a)2,
shall specifically provide that all tickets and tokens and debit card
credits awarded by the transferor shall be honored by the transferee.
C.Â
All winners shall be determined and all prizes or tickets or tokens
that may be accumulated for a prize shall be awarded in any game forthwith
upon the completion of the game and before making or accepting any
charge for participation in any subsequent game or play.
D.Â
Where games licensed and certified pursuant to N.J.A.C. 13:3-7.9(a)1,
3, 4, 5, 6, 7, 8 or 9 are operated in conjunction with an arcade licensed
pursuant to N.J.A.C. 13:3-7.9(a)2 under Certification No. 2, the arcade
licensee may also award as prizes tickets or tokens redeemable toward
merchandise, prizes available in the arcade, provided that the value
of any single prize ticket shall not permit redemption for a prize
valued in excess of an average retail value prescribed by N.J.A.C.
13:3-3.5(d). Such tickets may be combined with tickets or tokens awarded
in the arcade for redemption purposes.
A.Â
No licensee shall redeem for money or for the playing of any additional
game any prize, ticket or token or allow, permit or participate in
such redemption.
A.Â
No licensee shall allow or engage in any deceptive, misleading or
fraudulent advertising or practice in connection with the holding,
operating or conducting of any licensed game.
B.Â
All games, including free, sample or tryout games, must be conducted
in their original certified form. No licensee or operator shall demonstrate
any game from any position other than the position from which the
player will participate.
C.Â
All prizes that are available to be won shall be displayed, and requirements
to win such prizes shall be clearly stated. If multiple wins are required
for a prize, such requirements shall be clearly posted.
A.Â
No licensee shall charge or accept, directly or indirectly, more
than prescribed by N.J.A.C. 13:3-3.4(a) from any one player for an
opportunity to participate in any one amusement game.
B.Â
All prizes, or tickets or tokens redeemable for a prize, awarded
in a game shall be awarded immediately upon completion of the game
and before making or accepting a charge for participation in any subsequent
game.
C.Â
No charge may be made or accepted for participation in a game in
excess of the posted charge for the opportunity to participate in
the game. Nothing in this section shall be construed to prohibit a
licensee from offering a discounted entry fee for multiple opportunities
to participate in a single game not in excess of that prescribed by
N.J.A.C. 13:3-3.4.
D.Â
Upon receipt of currency greater than the charge to play a game,
the licensee shall immediately remit the appropriate change to the
player. Debit cards do not constitute currency, but only the charge
shall be deducted from the debit card.
No licensee or employee, agent or representative shall, directly
or indirectly, hinder or delay or cause the hindrance or delay of
any investigation by the Commission or the municipal governing body
or its agents or fail to facilitate such inspection or investigation
in any way whatsoever.
Each provision of the Amusement Games Control Act, N.J.S.A.
5:8-78 through N.J.S.A. 5:8-99, inclusive, Amusement Games Licensing
Law, N.J.S.A. 5:8-100 through N.J.S.A. 5:8-119, inclusive, and the
regulations promulgated by the Commission governing the licensing
and operation of amusement games, N.J.A.C. 13:3-1.1 through N.J.A.C.
13:3-7.9, inclusive, including any amendments thereto duly enacted
subsequent to the effective date of this article, are by reference
hereby incorporated as provisions of this article as if they were
herein at length set forth. Any violation of any provision of law
or regulations by a licensee shall be a violation not only of the
law or regulation, but also of this article. Any duty or responsibility
of a licensee set forth in the law or regulations is also of a duty
or responsibility of the licensee under this article.
