[Adopted 1-21-1985 as Sec. 19-4 of the 1962 Code (Ch. 74,
Part 2, Art. VI, of the 1987 Code)]
As used in this article, the following terms
shall have the meanings indicated:
Any machine which, upon the insertion of a coin, slug, token,
plate or disk, may be 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 and all games, operations
or transactions similar thereto under whatever name they may be indicated.
It shall also include video-type games or machines or similar devices
that use a display screen for points, lines and dots of light that
can be manipulated to simulate games or other types of entertainment.
Any person in whose premises any automatic amusement device
is placed or kept for operation.
Any person, firm, corporation, partnership or association.
A.
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.
The purpose and 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
at premises where amusement devices are located, the promotion of
gambling, loitering or the creation of an unhealthy atmosphere for
the youth of the community or other foreseeable undesirable effects
of such devices.
A.
No person shall maintain, operate or possess in any
store, building or other place where individuals may enter, or in
any building or other place wherein any club or organization meetings
are held within the Township of Bloomfield, any automatic amusement
device without first obtaining a license therefor.
B.
Exceptions. The license requirements of this article
shall not apply to private residences, colleges and institutions of
higher learning, churches, synagogues and other places of worship.
A.
All applications for a license under this article
shall be made and delivered to the Township Clerk on forms to be supplied
for the purpose and shall be subscribed and sworn to by the applicant.
B.
The application for the license shall contain the
following:
(1)
The name and address of the applicant.
(2)
The name under which the place is being operated and
the location of same.
(3)
The number and type of alcoholic beverage licenses,
where applicable.
(4)
The number and type of machines sought to be licensed.
(5)
The location where each automatic amusement device
is to be located.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(6)
A description of each automatic amusement device sought
to be licensed, including, for each device, the name of the manufacturer,
model number and serial number.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(7)
Information indicating whether the applicant or transferee
or any person connected by way of employment with the operation of
the establishment wherein the game or device is to be installed has
ever been convicted of or pleaded guilty to:
C.
The Mayor and Council may request of an applicant
additional information supplementing the information given in the
application.
A.
Placement.
(1)
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.
(2)
Each device shall have an unobstructed perimeter zone
or distance of 2 1/2 feet around the sides of said device wherein
the users of said device may use, watch or wait to use said device.
B.
An automatic amusement device may only be used or
operated during the hours of operation of the premises in which it
is located, provided that the operator or an employee of the operator
is present in the premises.
A.
The fee for all applications for licenses pursuant
to this article shall be $100 in addition to all licensing or transfer
fees.
B.
The fee for a license to operate an automatic amusement
device shall be $350 for each device up to four devices and $50 for
each device in excess thereof.
[Amended 6-6-1994]
A.
All licenses issued under this article shall be for
a term of one year, commencing on January 1 and expiring on December
31 of the year of issuance.
B.
A license may be transferred from one machine to another
by giving notice to the Township Clerk to that affect and giving a
description of the new machine, including manufacturer, model number
and serial number. A license may be transferred from one place to
another by giving notice to the Township Clerk to that effect and
supplying the required information as to the new premises. There shall
be a fee for all transfers from one place to another in the amount
of $100 per place or transfer.
No person shall, in their place of business:
A.
Permit gambling in connection with the playing of
any automatic amusement device.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Permit the playing of a device by minors under 14
years of age not in the company of an adult.
C.
Permit any automatic amusement devices known as "Joke
Poke," or any similar automatic amusement devices displaying playing
cards; keno or any similar automatic amusement devices displaying
a number board where numbers are designated by random; horse racing;
roulette; dice; Lucky Lines, Cherry Master or any similar automatic
amusement devices styled after a slot machine with a rolling display
or circular wheel on which are depicted symbols; lotto; or lottery-type
machines.
[Added 8-4-1992]
D.
Permit any automatic device the operation of which
is based in any part on random chance or the random assignment of
numbers and the generation of which does not require more than minimal
skill or hand-eye coordination and with buttons or controls labeled
"double up" or "bet," or buttons or controls performing said function
regardless of label.
[Added 8-4-1992]
E.
Permit any automatic devices the operation of which
is based in any part on random chance or the random assignment of
numbers and the generation of which does not require more than minimal
skill or hand-eye coordination and which can be controlled or operated
from a remote location by other than the individual player.
[Added 8-4-1992]
F.
Permit any automatic device the operation of which is based in any part on random chance or the random assignment of numbers and the generation of which does not require more than minimal skill or hand-eye coordination and which is readily capable of being converted by the internal technology of the automatic device to machines such as set forth in Subsection C above. For the purpose of this prohibition, automatic devices commonly known as "pinball machines," regardless of the nature of any visual display thereon, shall be deemed to require more than minimal skill or hand-eye coordination and thus are not subject to this prohibition against licensing.
[Added 8-4-1992]
A.
Investigations.
(1)
The Chief of Police or their designee shall make an
investigation of the premises and the applicant to determine the truth
of the facts set forth in the application.
(3)
The Board of Health and the Community Development
Department shall make inspections of the premises to determine whether
said premises complies with building and health regulations promulgated
by the Township.
B.
The Chief of Police, the Fire Chief, the Health Officer
and the Building Inspector, upon completion of their investigations
and inspections, respectively, shall attach to the application their
reports, in writing. The report of the Chief of Police shall advise
the Mayor and Council as to the veracity of the facts as set forth
in the application. The reports of the Fire Chief, Health Officer
and Building Inspector shall advise the Mayor and Council as to the
compliance or noncompliance of the premises to the pertinent regulations
and codes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Upon receipt of said application and reports as set
forth in the above section, the Mayor and Council shall proceed to
consider the application and shall either approve or disapprove the
issuance of a license to said applicant.
B.
The action by the Mayor and Council in approving or
disapproving said application shall be taken within 45 days from the
date of said application to the Township Clerk. Failure to take such
action within 45 days by the Mayor and Council shall constitute an
approval of said application.
C.
If the application is approved, the Mayor and Council
shall authorize the Township Clerk to issue the necessary license
upon the receipt of the license fee or fees as herein provided.
D.
If the application is disapproved, the applicant shall
be notified, in writing, of the disapproval and the reasons therefor.
E.
The applicant, upon being advised of a denial of their
application, may, in writing, request a hearing and be afforded an
opportunity to dispute or disprove the reasons for said denial of
said hearing. The applicant may be represented by an attorney at said
hearing.
F.
The Mayor and Township Council shall either affirm
or reverse the decision in denying the application within 15 days
after the date of said hearing unless there is an extension of time
agreed to by both the applicant and the Mayor and Council.
A.
Provided that proper notice is given to the licensee, setting forth the reasons for the proposed revocation or failure to renew, and provided that the licensee is afforded a hearing to dispute or disprove the violation as set forth in the notice of proposed revocation, at any time after the granting of a license under this article, or after the submission of the application of renewal of a license pursuant to § 128-34 of this article, the Mayor and Council, in the exercise of its reasonable discretion, may revoke or act not to renew said license if the Mayor and Council determines a violation as follows:
(1)
Gambling on the premises.
(2)
False or incorrect material on the application or
information furnished by the applicant.
(3)
The failure to maintain good and safe conduct on the
premises.
(4)
Violation of the laws of the State of New Jersey,
as set forth in § 128-31B(7) hereinabove.
(5)
The presence of the machines results in gambling,
obscene and loud language disturbing to the public or to other patrons
of the premises, the creating of a nuisance, excessive noise, litter,
traffic or rowdyism by the patrons.
(6)
Patrons under 14 years of age are permitted to play
when not in the company of an adult.
B.
The applicant, upon being advised of the action of
the Mayor and Township Council, may, in writing, request a hearing
and be afforded an opportunity to dispute or disprove the reasons
for said revocation at said hearing. The applicant may be represented
by an attorney at said hearing.
C.
The Mayor and Township Council shall either affirm
or reverse its decision in denying the license within 15 days after
the date of said hearing unless there is an extension of time agreed
to by both the applicant and the Mayor and Council.
An operator's license granted pursuant to this
article shall:
A.
Be posted in a conspicuous place at the location for
which said license was granted.
B.
State the name and address of the licensee.
C.
State the manufacturer, model number and serial number
for each and every automatic amusement device for which said license
was issued.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The maximum number of automatic amusement devices per establishment
shall be six, provided that the machines shall not violate any of
the provisions of the Building Code, Fire Code, Health Code[1] or other applicable codes of the Township of Bloomfield.
A.
No devices subject to this article may be operated
within 500 feet of a school up to the 12th grade or a house of worship.
The distance shall be measured in the same manner that distances from
schools or houses of worship are measured for similar restrictions
imposed and interpreted for alcoholic-beverage-licensed premises by
the Division of Alcoholic Beverage Control.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
No establishment licensed to permit more than four
machines shall be located closer than a 500-foot radius to an existing
establishment which has been licensed to permit four or more machines.
[Amended 8-4-1992]
A.
If a police officer of the Police Department or any law enforcement officer with the authority to act within this jurisdiction shall have probable cause to believe that an automatic device is prohibited pursuant to § 128-35 herein, such device may be seized and removed from the premises by the Police Department or its authorized personnel or other law enforcement officer with the authority to act within this jurisdiction and impounded. The Chief of Police or their designee shall give written notice of the seizure to the distributor of said device as designated on the device or on the license application on file with the Township Clerk for the device in question. Said notice shall be mailed by certified mail, return receipt requested and regular mail to the distributor at the address designated on the machine or on file with the Township Clerk within two days of seizure, excluding holidays and weekends; said notice to be complete on mailing. Said device shall not be released until proper ownership documents are presented and/or licensing fees, if such machine is eligible for licensing, are paid, together with a removal/storage charge of $250 per device seized. If possible, those removing the machine or device shall provide the person in charge of the licensed premises 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 before the Township Council, in writing, directed to the Township Clerk.
B.
Any owner of an automatic device who wishes to appeal the seizure of a device pursuant to Subsection A or refusal to license said device pursuant to § 128-30 may appeal said decision to the Township Council. Said appeal must be filed in writing with the Township Clerk within 15 days of mailing of notice of seizure or the refusal to issue a license. The fee for said appeal shall be $25, and said fee must be paid in order to perfect the appeal. The Township Council will render a decision on said appeal within 60 days of perfection of the appeal. The filing of an appeal shall not delay or affect the owner's ability to retrieve any seized device upon compliance with the provisions of this section. This appeal shall not affect the right of any person to appeal any action taken under this section to New Jersey Superior Court or other court of competent jurisdiction.
All premises licensed to permit 15 or more machines
are required to provide uniformed supervision to be on duty when open
for business during the hours and on days as follows:
[Amended 11-2-1987; 5-5-2008 by Ord. No. 08-18]
Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to the penalty provided in § 1-15, General penalty, of this Code. Each day that a violation occurs or is committed shall constitute a separate offense.
