[Adopted by Ord. No. 352 (Secs. 4-14 through 4-23.1 of the 1970 Revised Ordinances)]
[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.
A. 
A separate application for a license for each automatic amusement game shall be filed with the Borough Clerk, on a form to be furnished by him, setting forth:
(1) 
The name and residence or office address of the applicant, and the location of the premises in which the game is to be installed.
(2) 
Whether or not the applicant has ever been convicted of a crime or of a violation of a Borough ordinance involving gambling.
(3) 
Such other information as the Council shall deem necessary or proper.
B. 
The fee for the license shall be payable with the filing of the application. The fee shall be returned to the applicant if the application shall be rejected.
[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.
[Added by Ord. No. 995]
A. 
An amusement machine complex shall be subject to the licensing requirement of Chapter 114 of the Code of the Borough of Dumont.
B. 
An amusement machine complex shall be permitted to be located in the RA and B2 Zoning Districts of the Borough of Dumont, and such amusement machine complex shall be allowed in such RA and B2 Districts only upon approval by the Joint Land Use Board under a conditional use procedure.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
C. 
The Joint Land Use Board shall determine that sufficient space for such machines has been provided to prevent overcrowding of users or interference with other pedestrian traffic in the building or on the premises, that aisle space between machines is satisfactory for emergency exit of the room or rooms housing such amusement machine complex and that the parking facilities required by this article for such amusement machine complex can be adequately provided and that such complex is adequately separated from public and parochial schools, school playgrounds, religious buildings and municipal parks and playgrounds. An applicant shall submit a site plan and an amusement machine complex room layout in sufficient detail to allow such determination by the Joint Land Use Board.
D. 
The following specific requirements shall apply to the location, layout and operation of an amusement machine complex:
(1) 
A building within which an amusement machine complex is the principal use or that portion of any building used as an amusement machine complex shall be located at least 500 feet from any premises used as a public, parochial or private elementary, middle, junior high, high school, school playground, municipal park or playground or premises upon which is located a place of worship. A building within which an amusement machine complex is the principal use or that portion of any building used as an amusement complex shall be located at least 800 feet from another building or portion of a building used as an amusement machine complex.
(2) 
Adequate space shall be provided to reach a machine so as to allow its use without overcrowding. A minimum width between amusement machines of two feet shall be provided for each machine where it is designed for use by one player, and 3 1/2 feet where a machine is designated for use by two players. The depth of the space in front of the machine shall be at least five feet, and there shall be a minimum aisle width in addition to this five feet of an additional 44 inches. The provisions of the Uniform Construction Code shall be complied with.
(3) 
Off-street parking, in addition to that otherwise required for the users on the premises, shall be provided in the amount of one space per two amusement game machines or the minimum required off-street parking for a retail use in the RA and B2 Districts, whichever is greater.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
(4) 
Readily visible signs shall be installed, with their location, size and text shown on the plans submitted to the Joint Land Use Board, indicating that persons under the age as specified in the licensing ordinance of Chapter 114 shall not be permitted to play such amusement game machine or amusement machine.
(5) 
A building or portion thereof used as an amusement machine complex shall comply with requirements for a nonresidential building in a RA and B2 Districts as specified in Chapter 455, Zoning, of the Code of the Borough of Dumont.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
(6) 
To prevent obstruction of the public sidewalk and entry and exits to an amusement complex, a special on-site area shall be set aside and designated for bicycle parking, and bicycle racks shall be provided at the rate of one bicycle space for every three amusement machines. Bicycle racks shall not be located in any required landscaped area, walkway to buildings, driveway or required vehicular parking space, nor shall such bicycle racks be spaced so as to obstruct any entrance or exit to any premises.
(7) 
An amusement complex shall be designed to minimize noise emanating beyond the boundaries of such building or room containing amusement game machines or amusement machines. The Joint Land Use Board, in reviewing an application for conditional use, shall determine that noise emanating beyond the boundaries of such building or room containing such machines shall not exceed 50 decibels.
(8) 
An amusement complex shall at all times have at least one supervisory employee in attendance, 18 years of age or older during operating hours. Between 3:00 p.m. and closing, in addition to the supervisory employee, there shall be an additional employee 18 years of age or older to act as a security person whose sole responsibility is to maintain good order and compliance with all regulations.
(9) 
An amusement complex shall maintain an operating telephone or other device to alert police, fire and ambulance services in the event of an emergency.