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:
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.
OPERATOR
Any person in whose place of business any machine or mechanical
amusement device is displayed or kept for public patronage.
PERSON
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.
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.
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.