[HISTORY: Adopted by the Mayor and Council
of the Borough of Prospect Park 6-14-1982 (Ch. 23 of the 1974 Code). Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any instrument or machine which, upon the insertion of a
coin, slug, token, plate or disc, or by the payment of any price,
is operated by the public generally for use as a game, entertainment
or amusement, whether or not registering a score, including but not
limited to such devices as marble machines, pinball machines, skill
ball, mechanical grab machines, bowling, hockey, guns, rifle ranges
and all games, operations or transactions similar thereto under whatever
name they may be known. This definition shall include video or computer
games or machines or similar devices that use a video or other type
display screen for the display of points, lines, coordinates or dots
of light that can be manipulated to simulate games or other types
of entertainment; however, this definition shall not include nor shall
this chapter apply to music-playing devices such as jukeboxes.[1]
[Amended 3-7-1994 by Ord. No. 1994-3]
Any person in whose place of business or upon whose premises
any automatic amusement device is placed or kept for operation or
use by the public.
Any natural person, firm, corporation, partnership or other
association or entity.
[1]
Editor's Note: The former definition of "distributor," which
immediately followed this definition, was repealed 12-27-1983.
A.
License required. No person shall maintain, possess
or operate without first obtaining a license therefor any automatic
amusement device for profit, gain or any manner in which one must
pay for the privilege of operating the device, in any store, building
or other place where the public may enter, or in any building or other
place wherein any club or organization meetings are held within the
Borough of Prospect Park.
B.
Display of license. An operator's license granted
pursuant to this chapter shall be prominently affixed to the automatic
amusement device for which it is issued, shall state the name and
address of the licensee and shall state the manufacturer, model number
and serial number for the device for which the license is issued.
C.
Exceptions. This chapter shall not apply to such devices
employed in a private residence for the resident's own use and enjoyment.
A.
All applications for a license under this chapter
shall be made and delivered to the Borough Clerk on forms to be supplied
for that purpose and shall be subscribed and sworn to by the applicant.
B.
An applicant shall be the age of 18 years or over.
C.
So that the Mayor and Council may determine the suitability
of the location, premises and fitness of the applicant, all applications
for a license shall contain the information requested in the application
form reproduced at the conclusion of this chapter,[1] including such other information as may be required to
verify the statements set forth in the application.
[1]
Editor's Note: A copy of the application form
is on file in the office of the Borough Clerk and is available for
inspection during normal business hours.
D.
The applicant shall be under a duty to update information
on file with the Borough Clerk within a reasonable time, not to exceed
30 days after the change thereof.
E.
The municipality may request of an applicant additional
information supplementing the information required herein.
[Amended 12-27-1983]
A.
Investigation of applicant and premises.
(1)
The Chief of Police or his designee shall make an
investigation of the premises and the applicant to determine the truth
of the facts set forth in the application, the applicant's compliance
with all other applicable laws or ordinances and shall obtain the
following information regarding the applicant, the premises and the
applicant's business:
(a)
The type of ownership of the applicant's business.
(b)
Names and addresses of all principals or officers
therein.
(c)
The name and address of the manager of the premises.
(d)
Whether the applicant is currently licensed
for the operation or distribution of electronic amusement games as
defined in this chapter in any other municipality and, if so, the
date of such licensing, the name of the municipality in which the
applicant is so licensed, the type and number of machines, the location
of the licensed premises, existence of any disturbances or misconduct
at the licensed premises and any violations of local ordinances or
zoning codes or criminal laws of the State of New Jersey in connection
with the operation or distribution of such devices.
(e)
Whether any such licenses were ever suspended
or revoked.
(f)
The existence of any convictions for violation
of laws regulating alcoholic beverages, controlled dangerous substances,
gambling, narcotics or offenses involving dishonesty, fraud, deceit
or moral turpitude.
(g)
Whether any alcoholic beverage licenses possessed
by the applicant or his or her business are currently or have been
revoked or suspended or whether the applicant or his or her business
has been the subject of any investigation for alleged violations of
the laws regulating controlled dangerous substances or alcoholic beverages.
(2)
The Chief of Police or his designee shall also obtain
and review the fingerprints of the applicant and the applicant's criminal
record, if any, and cause such other investigation to be made as he
shall deem necessary to report on the activities of the applicant
or on the premises.
B.
The Chief of the Bureau of Fire Prevention or his
designee shall inspect the premises to determine whether said premises
comply with existing firesafety regulations of the Borough and to
determine the applicant's compliance with all other applicable laws
required to be enforced by him.
C.
The housing inspector or his designee shall inspect
the premises to determine their conformance with the Property Maintenance
Code of the Borough.
D.
The Chief of Police, the Chief of the Bureau of Fire
Prevention and the Housing Inspector, or their designees, in their
discretion, may require a personal interview of the applicant and
such further information as required for a full and thorough investigation.
At the completion of their investigations, they shall report the results
of same, in writing, to the Borough Clerk. If a license is issued,
they shall cause the licensee's premises to be inspected on a routine
basis to ensure compliance with the terms and provisions of this chapter.
E.
Within 60 days of receipt of said application, the
Mayor and Council shall consider the same and shall either approve
or disapprove the application or remand the application with remedial
requirements for compliance. No license shall be issued unless the
application and license fee requirements have been met and the applicant
has satisfied all regulations and requirements set forth herein.
F.
Issuance of the license shall be governed by the following
standards and the Mayor and Council may deny a license for the following
reasons:
(1)
The applicant or any officer, partner, principal or
employee therein has had a similar license denied, revoked or suspended
within five years of the date of application.
(2)
Past operation of the premises by the applicant has
been the scene of a disturbance, breach of peace, fire hazard, nuisance,
obstruction or congestion of public ways or hindered ingress or egress
from the applicant's premises.
(3)
The maintenance or operation of the device does not
fully comply with all applicable zoning, building, fire, safety and
health regulations, or is prohibited herein.
(4)
The premises of the applicant are not appropriate
to the use intended, due to crowding, interference with or disturbance
of other proximate lawful uses.
(5)
The applicant or any officer, partner, principal or
employee therein has been convicted of any crime involving dishonesty,
fraud, deceit or moral turpitude, or of violating the law regulating
alcoholic beverages or controlled dangerous substances, within five
years of the date of the application.
(6)
The applicant has made false, misleading or fraudulent
statements of material fact in the application or any documents tendered
therewith.
(7)
The use as intended by the applicant cannot be carried
out in a safe and wholesome environment, without undue hardship to
the business community or general public.
A.
All licenses issued under this chapter shall be deemed
to be granted upon the express condition that, in addition to any
other sanction or penalty, the issuing, licensing or approving authority
may:
(1)
After due notice by personal service or registered
or certified mail, and after due hearing, suspend or revoke the license
of any person for violating any provision of this chapter, the ordinances
of the Borough of Prospect Park or statutes of the State of New Jersey
or for other good cause.
(2)
Suspend temporarily, pending a hearing or notice thereof,
any such license when such is deemed by the issuing licensing authority
to be immediately necessary to prevent emergent danger to the public
welfare, good or morals. Any such temporary suspension without notice
shall be for a period not longer than 10 days.
[Amended 12-27-1983]
A.
The fee for all initial applications for licenses
pursuant to this chapter shall be $300, which shall be nonrefundable
and not applied to the license fee.
[Amended 3-7-1994 by Ord. No. 1994-3]
B.
The fee for a license to operate an automatic amusement
device shall be $100 for the first device and $50 for the second device
at each location for each calendar year except for the first year,
when the fee shall be prorated on a monthly basis in the event that
the license is issued after January. The fee shall be nonrefundable.
[Amended 12-27-1983; 3-7-1994 by Ord. No. 1994-3]
All licenses issued under this chapter shall be for a term of one year, commencing on January 1 (or the date of issue for the first year) and expiring on December 31 of the year of issuance. Such licenses may be transferred upon the transferee's tendering a completed application to the Borough Clerk, together with a $150 transfer fee. The provisions of § 96-4 regarding investigation and issuance of license shall also govern license transfers.
[Amended 3-7-1994 by Ord. No. 1994-3]
It shall be unlawful to maintain in or on any
premises for use by the public or to which the public is invited in
excess of two automatic amusement devices. However, this prohibition
shall not include vending machines which are not gaming or amusement
devices nor any coin-operated, mechanical music devices such as jukeboxes.
[Amended 3-7-1994 by Ord. No. 1994-3]
A.
No operator shall offer or permit to be offered any
prizes or awards, whether cash or otherwise, as an inducement to the
use of the devices.
B.
No operator shall permit any activity on the licensed
premises which is unlawful (violation of New Jersey statutes or local
ordinances or codes), immoral, creates a disturbance, congestion,
a breach of the peace or nuisance.
C.
No licensed device shall be operated or permitted
to be operated as a game of chance or a gambling device.
D.
Any violation of the aforesaid regulations, § 96-5 of this chapter, ordinances of the Borough or laws of the State of New Jersey shall be grounds for revocation of the license, upon notice and hearing before the Mayor and Council. The licensee shall be given 10 days' notice of the hearing, and such notice shall state the grounds therefor. At the hearing the licensee may submit relevant information in his behalf.
E.
It is the purpose and policy of the Borough of Prospect
Park to exclude, ban and to deny authorization for any coin-operated/money
or thing of value gambling device such as Joker Poker, dice, keno,
horse racing, roulette, playing cards, lotto or lottery-type amusement
devices or any other such type of machine readily capable of being
converted by the internal technology of the coin-operated machine
to a gambling device.
F.
No licensed premises shall be without adequate sanitary
facilities nor contain any fire, safety or health hazard.
G.
No licensee shall neglect or fail to report promptly,
to the Police Department, any violation of any law or ordinance occurring
on the licensed premises, nor shall any licensee neglect or fail to
report promptly to the Borough Clerk any conduct or activity prohibited
by this chapter.
H.
Each licensee and/or proprietor shall promptly report,
in writing, to the Borough Clerk any change or addition or deletion
of the information furnished on the license application and all material
attached thereto, and this obligation shall be fully met during the
term of any license or the renewal thereof.
[Amended 3-7-1994 by Ord. No. 1994-3; 11-18-1995 by Ord. No. 1995-6]
[Added 3-7-1994 by Ord. No. 1994-3]
A.
Every license
issued hereunder is subject to revocation if any of the following
things occur:
(1)
The violation of any of the provisions of this chapter.
(2)
Any misstatement or omission in the license application
or in any information submitted therewith or the failure to notify,
in writing, the Borough Clerk of any changes by addition or deletion
or amendment to said application or information during the term of
said license or renewal.
B.
The determination on revocation shall be made by the
Mayor and Council of the Borough of Prospect Park.
C.
Prior to revoking any such license, the licensee shall
be given such a hearing, in the event that such a hearing is requested,
after notice of the right to such a hearing is given by the Borough
Clerk. The licensee shall be given 10 days' notice of said hearing,
or more, and such notice shall state the ground or grounds therefor.
At such hearing, the licensee may submit relevant information on his
behalf. The rules of evidence shall not apply to such hearing, but
each party shall have the opportunity to present his/her side of the
case and to be represented by counsel. Any appeal from the decision
of the Mayor and Council shall be to the Superior Court of New Jersey.
[Added 3-7-1994 by Ord. No. 1994-3]
A.
If a police officer of the Police Department shall
have probable cause to believe that any such machine or device is
unlicensed, or is improperly licensed, or is used for gambling, such
machine or device may be seized and removed from the premises by the
Police Department, or its authorized personnel, and impounded and
may be considered as contraband by law. Said machine or device shall
not be released until proper ownership and/or licensing fees are paid
and properly presented, together with a removal/storage charge of
$250 per machine or device seized. If possible, those removing the
machine or device shall provide the person in charge with a report
to be filed with the Police Department, noting any obvious damage
to the property. Thereafter, any person aggrieved thereby may demand
a hearing, in writing, directed to the Borough Clerk.
B.
If no person claims the machine or device within 120
days from the date of seizure, said machine or device may be destroyed
or otherwise disposed of in accordance with state statute or local
ordinance.
C.
After such seizure, any person aggrieved may demand a hearing as provided hereinabove and shall be given a hearing within 10 days from the date of such demand. In the event that the Mayor and Council of the Borough of Prospect Park finds that the seizure was justified under the provisions of this chapter, the procedure set forth in this § 96-12 shall be followed and continue to be followed. In the event that said Mayor and Council finds that the seizure was unjustified, the machines and/or devices shall be returned to the persons from whom they were seized forthwith, but such person shall have no further remedy against the Borough of Prospect Park.
[Added 3-7-1994 by Ord. No. 1994-3]
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.
