[HISTORY: Adopted by the Board of Commissioners
of the Township of Nutley as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-11-1935 by Ord. No. 743 (Ch.
102, Art. I, of the 1978 Code)]
[Amended 7-27-1943 by Ord. No. 1009; 3-5-1957 by Ord. No.
1416]
Merry-go-rounds, Ferris wheels, carrousels,
chair-o-planes, Venetian swings, carnivals, bazaars and similar forms
of entertainment or amusement are hereby expressly prohibited; provided,
however, that merry-go-rounds, Ferris wheels, carrousels, chair-o-planes,
Venetian swings, carnivals, bazaars and similar forms of entertainment
or amusement shall be allowed and a license issued therefor without
the payment of any fee for said license where the hereinabove mentioned
forms of entertainment and amusement are operated and conducted under
the supervision and control of an educational, charitable, patriotic
or religious organization, and the land upon which said forms of entertainment
or amusement are operated and conducted are owned solely by said organizations,
and the net proceeds of said forms of entertainment or amusement are
devoted solely to educational, charitable, patriotic or religious
uses.
[Added 5-15-1979 by Ord. No. 1973]
Applications for licenses shall be made upon
forms to be supplied by the Township Clerk for that purpose. Applications
shall contain the following information:
A.
Name and address of the applicant.
B.
Type of person, whether individual, partnership, corporation
or other type of legal person.
C.
If applicant is a corporation, the names and addresses
of all officers.
D.
Any prior convictions of applicant or any resident
natural agent of applicant for violation of any law or ordinance.
E.
A statement that applicant shall comply with all local,
county, state and federal requirements.
F.
Proposed location and duration of exhibition.
G.
Nature of exhibition to be presented.
H.
A detailed list of each exhibition, entertainment,
performance and/or amusement device to be located on the proposed
location of the event.
I.
The number of pieces of equipment for music and all
loudspeaker devices and other devices for the amplification of sound.
[Added 5-15-1979 by Ord. No. 1973]
A.
Upon presentation of an application as provided herein,
the Township Clerk shall refer such application to the Police Department
or other person designated by the Board of Commissioners for a full
investigation as to the truth of the statements contained therein
and as to any or all other matters which might tend to aid the Commissioners
in determining whether or not such application should be granted.
B.
The Board of Commissioners, upon receipt of a written
report by the investigator, shall decide whether or not a license
shall be issued, considering, among other things, the effect of the
amusement or exhibition upon the peace, welfare and good order of
the Township.
C.
In granting licenses, the Board of Commissioners may
approve or disapprove each particular exhibition or amusement device
and may also approve or disapprove any lighting system or device emitting
or amplifying sound used at any exhibition, as well as impose further
conditions, the violation of which shall constitute a violation of
this article and shall subject the violator, upon conviction, to the
penalties provided for in this article.
[Added 5-15-1979 by Ord. No. 1973]
A.
Licensees shall not permit gambling at any exhibition.
B.
Licensees shall not permit persons under 18 years of age to play or operate any mechanical amusement device as described in § 309-1 of this article.
C.
No licensee shall permit the giving of any performance
of a lewd, vulgar or immoral type or the use therein of any indecent
or obscene language or any behavior tending to corrupt the public
morals or incite the public to break any law or ordinance.
D.
No licensee shall permit any disorderly, lewd, dissolute,
drunken or boisterous person, any person under the influence of intoxicating
liquor or narcotic or hallucinogenic drug, or any person whose conduct
tends in any way to corrupt the public morals to be admitted or to
remain in or about any licensed exhibition or premises.
[Added 5-15-1979 by Ord. No. 1973]
A.
Licensees shall post their licenses conspicuously
at the location of the licensed exhibition or on the premises licensed.
B.
Licensees desiring to transfer their licenses to new
locations within the Township or to change or revise their list of
licensed amusement devices shall submit application for such relocation,
change or revision to the Township Clerk for approval by the Commissioners.
C.
No license shall be transferable from one person to
another.
[Added 5-15-1979 by Ord. No. 1973]
A.
The Board of Commissioners reserves the power to revoke
any license issued under the provisions of this article at any time
in cases in which such licenses were procured by fraud or false representation
of facts or for the violation of or failure to comply with any provision
of this article by any licensee or any servants, agents or employees
of the licensee, or for the conviction of the licensee for any crime
or offense involving moral turpitude, or conviction of any of his
servants, agents or employees for any crime or offense involving moral
turpitude committed on the location or premises licensed.
B.
In the case of any public exhibition as described in § 309-1 of this article, such revocation may be without notice, and upon the service of a notice of revocation, by either person, mail or posting on the location for which a license is issued, such public exhibition shall cease operations immediately.
[Added 5-15-1979 by Ord. No. 1973]
Any person committing an offense against any provision of this article shall, in addition to being subject, if a licensee, to having his license revoked as provided in § 309-6 of this article, and upon conviction thereof, be guilty of a violation punishable by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or by both such fine and imprisonment.
[Adopted 11-7-1979 by Ord. No. 1966; amended
in its entirety 6-1-1982 by Ord. No. 2080 (Ch. 102, Art. II, of
the 1978 Code)]
As used in this article, the following terms
shall have the meanings indicated:
Any machine, contrivance or device which, upon the insertion
of a coin, slug, token, plate, disk or key into a slot, crevice or
other opening or by the payment of any price, is operated or may be
operated by the public generally for use as a game, entertainment
or amusement, whether or not requesting a score, and shall include,
without limitation, such devices as pong or other types of electronically
operated game devices, skillball, pinball or baseball games, mechanical
games, operations or transactions similar thereto, by whatever name
they may be called and shall not include pool or billiard tables,
mechanical devices commonly known as "jukeboxes," and mechanical riding
machines intended for the use and entertainment of children. "Amusement
devices" shall 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.
A.
Amusement devices are only permitted in the Township of Nutley as regulated in Chapter 700, Zoning, of the Code of the Township of Nutley, provided that no person, partnership or corporation shall display for operation by the public any amusement device without first having obtained a license therefor, as provided in this article.
B.
Nothing in this article shall in any way 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.
A.
A license fee of $300 per year for each device shall
be paid at the time application is made for each license or renewal
thereof under this article.
B.
All licenses shall be issued in the name of the applicant
and shall expire on December 31 of each year.
C.
In the event that an application is denied, the entire
license fee or fees paid by the applicant, except for the sum of $75
to cover the cost of investigation and processing, shall be refunded
to the applicant.
A written application for a license as required
by this article shall be made to the Township Clerk on forms to be
supplied by the municipality, and each application shall contain the
following information:
A.
The name and address of the applicant.
B.
The legal identity of the applicant, indicating whether
the applicant is a person, partnership, corporation or other legal
entity.
C.
If the applicant is a person, the age, date of birth,
place of birth, social security number and citizenship of the applicant.
D.
If the applicant is a partnership, the name and address,
date and place of birth, social security number and citizenship of
each partner.
E.
If the applicant is a corporation, the name and address
and citizenship, age, date and place of birth of all officers of the
corporation.
F.
If the applicant is an agent in charge of the premises
where any mechanical amusement device is located, the name, address,
age, date and place of birth, social security number and citizenship
of such agent.
G.
Whether or not the applicant or any person named in
the application as a partner, corporate officer or agent has previously
been convicted of violation of any law or ordinance, and if so, the
date and nature of such conviction shall be stated.
H.
The place or location to be licensed and a description
of the machine or device to be displayed or operated therein.
I.
If the licensee is not the owner of the machine, the
full name and post office address of the owner of the machine or device.
A.
Upon receipt of an application and payment of the
prescribed license fee, the Township Clerk shall cause the Police
Department to make an investigation as to the correctness of the statements
contained in the application and whether any of the individuals named
on the application have ever been convicted of a crime involving moral
turpitude or of violating any law or ordinance involving gambling
or controlled dangerous substances. A report shall be made to the
Board of Commissioners within 25 days after such application is made.
B.
The Township Clerk shall also advise the applicant
that a certificate of occupancy must be obtained from the Code Enforcement
Department prior to the issuance of any license or renewal thereof
hereunder.
The Board of Commissioners shall consider such
report of the Police Department and make further investigation as
it may deem advisable. It may either grant said application or deny
the same. No license shall be issued to any applicant who shall have
been convicted of a crime involving moral turpitude, gambling or a
controlled dangerous substance. No license shall be issued to any
applicant who has not obtained a certificate of occupancy from the
Nutley Code Enforcement Department. No license shall be issued to
an applicant who is or which includes an individual who is under the
age of 18 years.
Unless the applicant consents to a longer period
of time, the Board of Commissioners shall act within 45 days after
application is made to the Township Clerk, and if no action is taken
within such time, the application shall be deemed to be denied.
A.
A separate license shall be required for each amusement
device.
B.
Each license shall contain a description of the device,
the name of the manufacturer, model number and serial number, the
name of the licensee and the address where the device is to be located.
C.
The license or licenses shall be posted permanently
and conspicuously at the location of the amusement device in the premises
where the same is displayed for operation.
D.
Any amusement device installed upon any premise without
the aforesaid required license shall be subject to confiscation by
the Police Department.
A.
A license may be transferred from one amusement device to the same type of amusement device upon application for such transfer to be filed with the Township Clerk. The application shall provide the information to be contained in the license as set forth in § 309-15B of this article. The Township Clerk shall issue a new license upon the payment of a transfer fee of $10.
B.
A license shall not be transferable from person to
person or place to place. The license shall be valid only for the
licensee at the place designated in the license.
A.
No licensee shall offer or permit to be offered any
reward, gift, prize, whether in cash or otherwise, or merchandise,
except for trophies or plaques or items of a similar nature of nominal
value, to any person or persons using or operating any amusement device.
B.
No licensee shall use or permit to be used any of
the devices licensed under this article for the purpose of gambling
prohibited under state law.
C.
No licensee or person shall permit a person under
the age of 18 years to play or operate any device licensed by this
article before 2:30 p.m. on any day that Nutley public schools are
in session.
D.
No licensee shall permit any disorderly, lewd, dissolute,
drunken or boisterous person or any person under the influence of
intoxicating liquor or a controlled dangerous substance to be admitted
to or to remain in and about the premises in which licensed devices
are located.
E.
Any license issued under this article may be restricted
or prohibited by the Board of Commissioners if certain devices require
a certain lighting system or sound-amplification system deemed by
the Board of Commissioners to be a nuisance to the peace, health and
safety of the residents of the Township of Nutley.
A.
Every license issued pursuant to this article is subject
to the right of the Board of Commissioners to suspend or revoke the
license for any of the following causes:
(1)
The violation by the licensee or any officer, partner,
agent or employee of the licensee of any of the provisions of this
article.
(2)
The violation by the licensee or any officer, partner,
agent or employee of the licensee of any law involving moral turpitude
or any law or ordinance involving gambling or controlled dangerous
substances.
(3)
Fraud, misrepresentation, false statements, misleading
statements, evasions or suppression of material facts in the securing
of a license.
(4)
The misstatement, knowingly made, of any material
fact contained in the application.
B.
No suspension or revocation of a license shall be
made until a ten-day notice of the charges preferred against the licensee
shall have been given to him personally or by mailing the same by
certified mail addressed to the licensee at the licensed premises.
Said notice shall also specify the time and place for a hearing by
the Board of Commissioners on said charges. At the hearing, the licensee
may appear in person or by attorney and present and submit evidence
or witnesses in his defense.
Any person violating any of the provisions of
this article shall, upon conviction thereof, be punishable by a fine
in any sum not exceeding $500 or be imprisoned in the county jail
for a period not exceeding 90 days, or both. Each and every day a
violation is committed or permitted to continue shall constitute a
separate offense, punishable by a like fine or penalty.
