[Amended 8-13-1979]
As used in this article, the following terms
shall have the meanings indicated:
Any machine or other device, whether mechanically or electronically
operated or controlled, which may be operated by the public for entertainment
or amusement, whether the machine is coin-operated or not, and whether
or not it registers scores or tallies, except devices referred to
as "jukeboxes."
Any person in whose place of business any amusement device
is placed or kept for operation by the public.
Any individual, firm, member of a firm, partnership or member
thereof, corporation or any officer, director or stockholder of said
corporation.
No person shall operate an amusement device
within the Borough of South Plainfield without having first obtained
a license and paid the required license fee.
[Amended 5-12-1994 by Ord. No. 1361]
A.
Operators shall be charged $100 for each amusement
device annually. The license fee shall be prorated monthly from the
date of approval.
B.
Except as set forth in Subsection D, no more than five machines or devices of any type or types shall be permitted to be used or operated in any one place, location or premises.
C.
Such licenses to be issued shall be issued from January
1 of the year of such issuance for a period of one year or for any
portion thereof. Each such license shall be renewed annually and the
license fee paid annually.
D.
The limitation of five machines or devices as set forth in Subsection B above shall be waived for any business operating at any one place, location or premises consisting of 10,000 square feet or greater and exclusively utilized for recreational or amusement activities. The total number of amusement machines or devices authorized at said place, location or premises shall be equal to one machine or device for each 500 square feet, in no event to be greater than 30 amusement machines or devices at any one place, location or premises.
The application for any license hereunder shall
be filed on a form to be furnished by the Borough Clerk, which form
shall show the name and post office address of the applicant, the
address and location at which it is intended the amusement device
or devices is to be operated, the number of machines to be delivered
or operated, whether or not the person making the application has
ever been convicted of a crime or a violation of any Borough ordinance
involving gambling and such other information as the Mayor and Council
of the Borough of South Plainfield shall deem necessary or proper.
The appropriate fee for each license shall be payable with the filing
of the application.
A.
When the aforesaid application is properly filled
out and signed by the applicant, the duplicate thereof will be referred
to the Chief of Police, who shall make or cause to be made such investigation
of the applicant's business responsibility and moral character as
he deems necessary for the protection of the public good.
B.
If as a result of such investigation the applicant's
character or business responsibility is found to be unsatisfactory,
the Chief of Police shall endorse on such application his disapproval
and his reasons therefor and shall return the said application to
the Borough Clerk, who shall notify the applicant that the application
is disapproved and that no license will be issued. Disapproval of
such application shall be based on one or more of the following findings
with respect to the applicant:
C.
In the absence of any such findings, the Chief of
Police shall approve said application.
No amusement device as specified in this article
shall be placed, operated, maintained or used until the license issued
by the Mayor and Council of the Borough of South Plainfield shall
be displayed in a conspicuous place in the room or place where such
amusement device or devices are to be operated. Said license shall
on its face disclose the name and post office address of the licensee
and the address or location for which the license is issued, and shall
state how many amusement devices the licensee is permitted to operate.
No license shall be transferred by a licensee
without having first obtained the written consent and approval of
the Mayor and Council. The decision to be made by the Mayor and Council
shall be its sole discretion reasonably exercised.
Any person who shall allow, use or suffer to
be used any of the amusement devices hereunder for gambling purposes
shall be deemed to be guilty of a violation of this article and punishable
therefor as hereinafter provided.
The following regulations shall apply to all
amusement devices licensed hereunder. These regulations may, however,
be amended or added to by resolution duly adopted by the Mayor and
Council.
A.
The premises wherein the amusement device is to be
located shall be so arranged as to permit a clear and open view to
the general public.
B.
No operator or distributor shall knowingly permit
any person convicted of a crime to be associated with him in the ownership
or management of the business as to which a license hereunder may
be issued.
C.
No operator shall offer or permit to be offered any
prizes or awards, whether in cash or otherwise, as an inducement to
use such amusement device.
D.
No operator shall permit any activity which is illegal
or immoral or shall create an undue amount of noise or danger of a
breach of the peace to occur on the premises.
Nothing in this article shall be construed to
authorize any gambling devices of any kind whatsoever. If, after a
trial, it is determined that any amusement device was, in fact, being
used as a gambling device, the license of the operator shall be revoked.
Revocation of a license shall be in addition to any other penalty
which may be otherwise imposed for a violation of any of the terms
of this article.
This article is enacted for the purpose of regulation
and control of amusement devices and to defray the costs thereof.
Any person violating any of the provisions of
this chapter shall, upon conviction thereof, be punishable by a fine
not exceeding $2,000, imprisonment in the county jail for a term not
exceeding 90 days or a period of community service not exceeding 90
days, or any combination thereof.
