As used in this chapter, the following terms
shall have the meanings indicated:
AMUSEMENT AND ENTERTAINMENT MACHINES OR DEVICES
Any machine, contrivance or device which, upon the insertion
of a coin, slug, token, disc or key into a slot, crevice or other
opening, or by the payment of any price, operates or may be operated
by the public generally and shall include, without limitation, such
devices as marble machines, pinball machines, mechanical games or
machines, skillball, music devices which emit songs, music or similar
amusement and shall also mean jukeboxes, pool or billiard tables and
bowling alleys.
ARCADE
Any establishment or premises in which more than four amusement
and entertainment machines or devices shall be kept, placed or exhibited.
DISTRIBUTOR
Any person who supplies, offers or exhibits for sale, leases,
sells or distributes automatic amusement devices to any other person.
PERSON
Any individual, firm, corporation, partnership, association
or entity.
PREMISES
Any building, business, store, restaurant, tavern or other
place to which the public is invited or may enter.
PROPRIETOR
Any person who owns, leases, rents or operates any premises
on or at which any automatic amusement device is kept, placed or exhibited
for use or operation by the public.
The provisions of this chapter requiring a proprietor's
license shall not apply to any church, fraternal or veterans organization,
religious or charitable organization or municipal agency which operates
any machine or device exclusively for the use of its premises owned
or controlled by it. This provision does not exempt any social club
from the requirements of this chapter.
The owner of any premises in which a license
for one or more amusement devices or machines is required shall be
required to keep on file each application for a license for amusement
and/or entertainment machines or devices. Such information shall be
kept on file in an orderly fashion in a location known to all owners
of said premises and personnel who are employed in said premises.
Upon request by any law enforcement official of the Borough of Wanaque,
any owner of said premises or any employee at said premises shall
furnish such information to said law enforcement official.
Every person seeking licensure hereunder shall
comply with all state statutes, municipal ordinances and regulations,
Building and Fire Code regulations and Zoning Code requirements, as well as all other statutes and regulations
prior to receiving a license or licenses hereunder.
Amusement device arcades shall be subject to
the following regulations, which shall be in addition to any other
regulations imposed by this chapter:
A. It is the policy of the Borough of Wanaque to limit
arcades throughout the municipality to a total number of locations
of 10. Nothing in this provision shall be construed to impair or diminish
the rights of any existing arcade, subject to its obligations to comply
with the terms of this chapter in general and these provisions where
applicable.
B. An "arcade," within the meaning of this provision,
shall be construed to be in any location which has more than four
machines in any one given location.
C. No future arcades will be allowed within 500 feet
of the building line of any existing school or house of worship within
the municipality.
D. Prior to consideration for the allowance of an arcade,
the applicant must present to the Wanaque Borough Clerk for investigation
by the various departments of the Borough of Wanaque, Code Enforcement,
Fire Prevention, Police and Fire, a scheme or plan setting forth and
showing precisely what provisions are made for off-street parking
and compliance in general with any and all zoning ordinances and regulations.
The Code Enforcement, Zoning Officer, Fire Prevention and Police and
Fire Departments shall respectively investigate such premises and
facilities to assure themselves that the proposed compliance with
off-street parking and the other provisions of the zoning and planning
regulations, as well as any other police and fire regulations, are
in compliance.
E. The following annual licensing fees shall be paid
to the Borough of Wanaque:
(1) A distributor's license fee shall be as follows:
(a)
A fee of $250 for one to nine machines per year.
(b)
A fee of $350 for 10 to 19 machines per year.
(c)
A fee of $450 for 20 to 29 machines per year.
(d)
A fee of $550 for 30 to 39 machines per year.
(e)
A fee of $650 for 40 to 49 machines per year.
(f)
A fee of $750 for 50 to 59 machines per year.
(2) A proprietor's license fee shall be $250 per year.
(3) A fee of $35 shall be charged per machine for one
to four machines or devices annually, or for any part of that annual
period which shall commence January 1 and conclude December 31 of
the calendar year.
(4) A fee of $25 shall be charged per jukebox annually,
or for any part of that annual period which shall commence January
1 and conclude December 31 of the calendar year.
(5) A fee of $15 shall be charged for each transfer of
a license from one machine or device to another similar device.
F. In the event that there is a finding by any of the
above agencies that the same is not in compliance, the aggrieved applicant
shall be allowed a hearing before the Wanaque Borough Council, or
a designated group called a "hearing panel" consisting of members
less than the full Council, in the event that they are aggrieved by
a determination involving an application. The right to a hearing shall
be allowed if the aggrieved applicant, within 10 days of the receipt
of notification of any denial to such applicant under any of the provisions
stated above, shall notify the Wanaque Borough Clerk of his request
and demand for a hearing.
(1) Within 30 days from the time of such request, or as
convenient to the parties in the event, circumstances prevent such
a hearing, the Wanaque Borough Clerk shall notify all parties and
set and fix a date for a hearing concerning the matter, as a result
of which the matter can be heard for a final determination.
(2) The aggrieved applicant shall be required to furnish
a statement of reasons why it feels aggrieved concerning the denial
of the application.
(3) The person aggrieved shall have the right, upon written
request within 15 days, to receive from the Wanaque Borough Clerk
any and all police reports, investigation reports or other circumstances
which form the basis for the denial for the license in the first place.
(4) At the hearing, both parties will be permitted to
present evidence, the aggrieved person presenting their evidence first,
and the agency denying the license shall present its evidence, whereupon
the matter will be decided by the Borough Council or the Board being
given direct authority to hear and determine such issues.
(5) If the determination is by a Board hearing the matter,
the aggrieved shall have the right to have the Wanaque Borough Council
review such determination.
G. Any existing arcades, as well as any and all future
arcades to be licensed under this provision, shall, as a precondition
to securing a right of license to operate an arcade, make adequate
provision to assure the presence of internal security within the premises
to assure and allow compliance in full with any and all of the ordinances
for the Borough of Wanaque, as well as observance of any and all laws
of the State of New Jersey.
Any person violating any provision of this chapter
or failing to comply therewith may be punished by imprisonment not
exceeding 90 days or by a fine not exceeding $500, or by both imprisonment
and fine, and a separate offense shall be deemed committed on each
day during or on which the violation or failure to transact the business
of distributing occurs or continues. Upon conviction, no licensee
shall thereafter transact the business of distributing or operating
within the Borough of Wanaque.
Every provision of this chapter shall be severable
from every other provision, and the invalidity of any section, paragraph,
clause, provision or phrase shall not invalidate the remainder or
any portion of the remainder of this chapter.