[HISTORY: Adopted by the Mayor and Council of the Borough of North Haledon 8-21-1991 by Ord. No. 20-1991 (Ch. 38 of the 1990 Code). Amendments noted where applicable.]
The purpose of this chapter is to provide for the control and regulation of amusement devices.
As used in this chapter, the following terms shall have the meanings indicated:
- DISTRIBUTOR OF MECHANICAL AMUSEMENT DEVICES
- Any person who owns, leases or rents out or places under any kind of arrangement one or more mechanical amusement devices.
- MECHANICAL AMUSEMENT DEVICE
- Any machine, equipment board or table which may be operated
or played by the public generally for use as a game, entertainment,
or amusement whether by insertion of a coin, slug, token, plate or
disc or by none of the foregoing.[Amended 3-18-1992 by Ord. No. 13-1992]
- MECHANICAL BUCKING DEVICE
- Any mechanically operated machine, apparatus, contrivance or device, the design or purpose of which is to stimulate or copy the movement of a steer, bull or other animal, whether or not the same has been constructed in the shape, form and likeness of a steer, bull or other animal, upon which a person or persons is seated as a rider or riders and which machine, apparatus, contrivance or device is operated or operates in a vibrating, pulsating, jerking, bucking or similar fashion in order to or in an attempt to dislodge, unseat or expel the rider or riders.
- Any person in whose place of business any machine or mechanical amusement device is displayed or kept for public patronage.
- Any individual, partnership, association or corporation that is an owner, landlord, lessee, tenant or other legal representative of an owner, landlord, lessee, tenant, occupant or operator of any public place as defined herein.
- PUBLIC PLACE
- Any place available to or used by the general public, whether or not an admission fee is charged, including but not limited to restaurants, discotheques, cabarets, bars, social clubs, amusement parks, penny arcades, game rooms and other similar establishments.
Nothing in this chapter shall be construed to authorize, license or permit any gambling device, or any mechanism that has been judicially determined to be a gambling device or in any way contrary to law, or any mechanical amusement device that dispenses any payoff, prize or reward of any nature whatsoever, including free games.
No distributor or operator of a mechanical amusement device shall distribute or operate such device unless a license is first obtained from the Borough.
In the case of operators, a separate license for each device shall be obtained. Applications shall be made on forms supplied by the Borough Clerk, and, in conjunction therewith, each applicant shall submit legal proof of ownership of the device or devices covered by the application, as well as proof that the applicant is over the age of 18 years.
The Chief of Police shall cause to be investigated the information contained in each application and shall ascertain if the applicant is a person of good moral character and whether the location is a fit place for the distribution, use or operation of a mechanical amusement device. No license shall be issued unless it is first approved by the Chief of Police.
Every operator's license shall be posted in a conspicuous place on the premises where the device(s) are operated or maintained.
Amusement devices shall be and are hereby limited to three devices per establishment.
An operator's license may be transferred from one machine or device to another similar machine upon application to the Borough Clerk therefor, giving a description and serial number of the new or substituted machine. Fees shall be in accordance with Chapter 275 and shall apply to the operator as well as the distributor for the substituted device.
No operator's license shall be transferable from operator to operator nor from place to place by an operator of mechanical amusement devices. It shall be valid only at the place and by the operator designated in the license.
If the holder of an operator's license moves his/her place of business to another location within the Borough, the license may be transferred to such new location upon application to the Borough Clerk, with fees as provided for in Chapter 275. The distributor must also apply for a transfer license, with fees as provided for in Chapter 275. No such transfer shall be granted unless the new location shall be approved by the Chief of Police and the Borough Council.
No operator holding a license to operate mechanical amusement devices shall permit a person under 16 years of age to play or operate a mechanical amusement device, unless such person is accompanied by his/her parent or legal guardian. This provision shall not apply to the use of mechanical devices such as mechanical carousels, horses or similar amusement devices designated especially for the amusement of children.
No operator of mechanical amusement devices shall permit the operation of such mechanical amusement devices within 200 feet of any church, public or parochial school. Said 200 feet shall be measured in the normal way that a pedestrian would probably walk from the nearest entrance of said church or school to the nearest entrance of the premises sought to be licensed.
[Amended 9-19-2001 by Ord. No. 15-2001]
No distributor or operator of mechanical amusement devices shall offer or permit to be offered any prize, free games, or other reward to a person playing any machine required to be licensed under this chapter.
In addition to the penalty prescribed hereinafter, any operator's license issued under this chapter may be revoked by the Borough Council, after hearing, should the licensee, directly or indirectly, permit the operation of any mechanical amusement device contrary to the provisions of this chapter or other ordinances of the Borough or the statutes of this state.
Written notice of the hearing shall be given to the licensee personally or by registered or certified mail at least 10 days before the hearing, specifying the provision of this chapter, or other ordinance, or statute which the licensee is alleged to have violated.
If the Chief of Police has reason to believe any mechanical amusement device is used as a gambling device, such machine may be seized by the police.
No mechanical bucking device shall be installed, operated or used in any public place within the Borough of North Haledon, whether or not a fee is charged for the operation or use thereof.
Any person who violates any provision of this chapter shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty. Each day that a violation is permitted to exist shall constitute a separate offense.