[Added by Ord. No. 995]
The Mayor and Council find and declare as follows:
A. There presently exists within the Borough of Dumont
a significant number of amusement games and devices, which are expected
to increase in number in the future.
B. Such games and amusement devices have been demonstrated
to attract large numbers of young people, and with the expected increase
in number of machines, the likelihood of crowding and congestion is
likely to continue and increase.
C. The present location of machines may be inappropriate
for young people because of this crowding, because of a lack of ventilation,
excessive noise, lack of proper ingress and egress, the inability
to provide supervision when necessary and because of a close proximity
to schools.
D. Experience has demonstrated that such facilities where
young people congregate in large numbers create problems not only
in the facility itself, because of the aforesaid reasons, but also
on the public rights-of-way adjacent thereto, because of bicycles
left on the sidewalks and streets and large numbers of young people
standing on the sidewalks, both of which block and obstruct movement
by other members of the public.
E. Reasonable regulation of the licenses of such machines,
their location within the premises, the space surrounding them, the
methods of ingress and egress from the places of business, conditions
of permitted operation and of adult supervision will help to ensure
that recreational activity involving amusement games is carried out
in a safe and wholesome environment for the benefit of the young people
of the Town and all of the citizens of the Borough of Dumont without
undue hardship to the business community.
F. The enactment of this article is necessary and appropriate
for the protection of the public health, safety and welfare of the
residents of the Borough of Dumont.
[Amended by Ord. No. 995]
As used in this article, the following terms
shall have the meanings indicated:
AMUSEMENT MACHINE COMPLEX
A group of more than five amusement games or amusement machines
in the same place, location or premises constituting a principal or
accessory use.
AUTOMATIC AMUSEMENT GAMES
A machine or device, whether automatic or coin-operated,
whether mechanical, electrical or electronic, which shall be ready
for play by insertion of a coin or may otherwise be operated by the
public for a charge for use as a game, entertainment or amusement,
including pinball machines, jukeboxes, or any device which utilizes
a video tube to reproduce symbolic figures and lines to be representative
of real games or activities, the object of playing of which is to
achieve a score.
[Amended 6-6-2012 by Ord. No. 1442]
No person shall maintain, operate or possess
an automatic amusement game, as defined in the preceding section,
without first obtaining a license therefor as hereinafter set forth
in this article. A separate license shall be required for each automatic
amusement game or machine.
[Amended by Ord. No. 962; Ord. No. 995]
A. The Borough Clerk shall refer the application to the
Chief of Police, Fire Subcode Official, Building Subcode Official,
Electrical Subcode Official and Health Officer.
B. Each of the aforementioned shall make or cause to
be made an investigation of the facts stated in the application and
an inspection of the premises in which the automatic amusement game
is to be located. They shall review said application to ensure that
all state laws and Borough ordinances are complied with. They shall
attach to the application their report thereon in writing, which shall
also state their approval or their disapproval, with the reason therefor.
C. Upon receipt of said application and the aforementioned
reports, the Council shall either approve or disapprove the issuance
of a license to the applicant.
D. No license shall be approved by the Council or issued
by the Borough Clerk if it appears that:
(1) The applicant is not of good moral character; or
(2) The premises in which the automatic amusement game
is to be placed does not comply with the applicable requirements of
the laws of New Jersey and with the Building, Zoning and Fire Prevention
Ordinances of the Borough or otherwise constitute a hazard to the
safety or morals of the public.
[Amended by Ord. No. 528; Ord. No. 962; Ord. No. 995]
A. Upon approval of the application as set forth in §
114-26C, the Borough Clerk shall issue the license to and in the name of the proprietor of the premises in which the automatic amusement game is to be installed.
B. The license shall set forth:
(1) The name and post office address of the licensee.
(2) The location of the premises in which the automatic
amusement game is located.
(3) The amount of money required to operate the machine
or device.
(4) A brief statement that the machine or device to which
the license is affixed is licensed for operation by the Borough.
C. The term of the license shall be for the period commencing
July 1 and expiring June 30 at midnight.
D. The license fee shall be $125 for said yearly period
or any part thereof.
[Amended by Ord. No. 406; Ord. No. 905; Ord. No. 995]
A. No automatic amusement game shall be used, placed,
maintained or operated in any premises within 200 feet of any school.
B. No individual under the age of 17 is permitted to operate an automatic amusement game on school days during regular school hours. It is the responsibility of the licensee to ensure compliance with this section. Violation will be punishable pursuant to §§
114-30 and
114-32.
C. No person shall use or permit to be used any automatic
amusement game for the purpose of gambling.
[Amended by Ord. No. 406]
Any license issued under this article may be
revoked by the Council, after due notice and hearing, for any of the
following grounds:
A. Making of a false statement in the application for
the license.
B. Conviction of the applicant of a crime or of a violation
of any ordinance of the Borough involving gambling or of a violation
of this article.
This article is enacted for the purpose of raising
revenue and for the regulation and control of automatic amusement
games as defined herein.
[Amended by Ord. No. 742]
Any person who violates any provision of this
article shall, upon conviction thereof, be punished by a fine not
exceeding $500 or by imprisonment for a term not exceeding 90 days,
or both.