[Adopted 7-15-1993 by Ord. No. 7-93 (Ch. 43 of the 1981 Code)]
As used in this article, the following terms
shall have the meanings indicated:
DISTRIBUTOR
Any person or entity who supplies any mechanical or electronic
amusement device to another for use in his premises, whether under
lease or any similar arrangement.
JUKEBOX
Any machine which is kept in a public or quasi-public place
and which is intended to play music for the entertainment of the general
public upon the insertion of a coin or other consideration.
MECHANICAL OR ELECTRONIC AMUSEMENT DEVICE
Any machine which, upon the insertion of a coin, slug, token
plate or disc or operated for any other consideration, may be operated
by the public for entertainment or amusement, whether or not the machine
registers scores or tallies. Examples of "mechanical or electronic
amusement devices" include pinball machines, coin-operated pool tables,
bowling machines, mechanical grab machines, Skee-ball, Pokerino machines,
video games or other video-type computer machines and similar devices,
excluding amusement devices regulated by the State of New Jersey.
This enumeration is intended to be typical and shall not be construed
as exclusive. "Kiddie rides" shall not be considered a mechanical
or electronic amusement device for the purpose of this article. A
"kiddie ride" is a coin-operated machine which is sat upon or in and
causes a certain motor or gyration following the insertion of a coin
and is designated primarily for use by children under the age of 10.
[Amended 4-23-2020 by Ord. No. 2020-4]
OPERATOR
Any person or entity in whose premises a mechanical or electronic
amusement device is placed or kept for operation by the public.
PUBLIC OR QUASI-PUBLIC PLACE
Any building, store, marketplace, club, tavern, inn, cocktail
lounge, restaurant, hotel or other premises wherein the public is
expressly or impliedly invited or may enter.
The following fees shall be charged on an annual
basis and are to be paid at the time that the application is received
by the Business Administrator. The annual fee shall be paid to the
Business Administrator on or before February 1 of each calendar year
and shall continue to January 31 of the following year. In the case
of an application for less than one year, the license fee shall be
prorated by quarters, and the fee shall be paid for each quarter or
fraction thereof during which the business will be conducted.
A. Distributors. Distributors shall be charged the following
annual fees:
(1) Mechanical or electronic amusement devices: $50 per
calendar year per distributor's license.
(2) Jukeboxes: $25 per calendar year per distributor's
license.
B. Operators. Operators shall be charged the following
fees for each device:
(1) Mechanical or electronic amusement devices: $100 for
the first device at the operator's location per calendar year, and
an additional $30 for each additional amusement device at the same
location per calendar year.
(2) Jukeboxes: $50 per device per calendar year. Where,
however, the operator's business is situated such that individual
jukebox consoles are located on each or numerous table(s) within its
premises, this fee shall only apply to the master unit.
No more than two mechanical or electronic amusement devices shall be permitted to be licensed and operated for the first 3,000 square feet of any one place of business as calculated within the principal building wherein that business is conducted. A license may be issued for an additional one machine for every 1,000 square feet in excess of the first 3,000 square feet; provided, however, that no more than four machines shall be permitted at any one location unless the same is designated as an "amusement arcade," as defined in §
220-4 of this Code, and is permitted under the applicable zoning ordinance. Where more than one commercial use or industry is conducted in any one building or in attached buildings on the same property, the square footage for the purposes of this subsection shall be calculated on a per-use basis. Jukeboxes shall not be counted in the determination of the original two mechanical or electronic amusement devices.
[Amended 4-23-2020 by Ord. No. 2020-4]
The following regulations shall apply to all
mechanical or electronic amusement devices which are not regulated
by the State of New Jersey:
A. The premises upon which mechanical or electronic amusement
devices are located shall be arranged so as to permit a clear view
of each mechanical or electronic amusement device from the exterior
at all times, subject to the following requirements:
(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
to and from the premises of patrons or users of the premises.
(2) Each device shall have an unobstructed perimeter zone
or distance of four feet around the sides of the three linear borders
of said device wherein the users of said device may use, watch or
wait to use said device. The area which is required hereunder for
each such machine shall not be encroached upon by the area of any
other machine. It is the intent of this article that, for purposes
of preventing overcrowding and assuring safe passage of the general
public, each machine shall have its own unobstructed perimeter zone.
(3) The licensee shall at all times control the sound
so as not to cause disturbance or nuisances to others in the vicinity
of the machine. The licensee shall at all times place the machine
so that the part of the machine from which the sound emits shall not
be within 10 feet of the front entrance of the place of business and
shall not at any time place a jukebox or other music machine so that
the sound is disturbing to the public in the streets or other persons
occupying a building in the immediate vicinity.
B. No operation of any mechanical or electronic amusement
devices shall be permitted between the hours of 2:00 a.m. and 7:00
a.m. Where such facility is located within 200 feet of any residential
use or residential district, however, the hours of operation shall
not be earlier than 7:00 a.m. nor later than 11:00 p.m. on Sundays
through Thursdays and not later than 12:00 midnight on Fridays or
Saturdays.
C. No operator shall knowingly permit any person convicted
of a crime involving moral turpitude to be associated with him in
the ownership or management of the business or to be in his employ
or to loiter on the premises.
D. No operator shall offer or permit to be offered any
prizes or awards, whether in cash or otherwise, as an inducement to
use mechanical or electronic amusement devices, except for trophies,
plaques or items of a similar nature of nominal value.
E. No operator shall permit any minor under 16 years
of age, unaccompanied by a parent or guardian, to remain on the premises
after 10:00 p.m.
F. No person under 16 years of age shall be permitted
to play or operate any of the mechanical or electronic amusement devices
licensed between the hours of 8:00 a.m. and 3:00 p.m. during regular
school days unless that person is accompanied by his parent or guardian
or other supervised adult over the age of 21 years of age. Any licensee
governed by this article, or his agents, servants or employees, who
shall permit a person under the age of 16 years of age to operate
any machine or device during the prohibited hours shall be deemed
to be guilty of a violation of this section and shall be subject to
the penalty as established. In addition, every licensee under this
section shall post on the licensed premises a notice setting forth
the prohibition provided for as set forth above. Failure to post or
maintain the posting of the notice shall be grounds for the revocation
of the license granted or grounds for the refusal to renew or grant
a license with the operation of any machines or devices as set forth
in this article.
G. There shall be conspicuously displayed on the premises
six inches in height a notice stating the prohibited hours of operation
and the rules with regard to minors as set forth above.
H. No operator shall permit any activity which is illegal
or immoral or which creates an undue amount of noise or a danger of
a breach of the peace to occur on the premises.
I. During the hours of operation, the premises must be
supervised at all times by at least one responsible adult individual,
who shall be an employee of the owner or operator of the premises
and who shall be responsible for the supervision, maintenance and
operation of the premises. At least one such person shall be visibly
present on the premises during all hours of operation.
J. No operator shall permit any person using a mechanical
or electronic amusement device to operate the same for any gambling
purpose prohibited by law. In the event that it is determined judicially
or by admission of the operator that any mechanical or electronic
amusement device is being operated as a gambling device, the machine
may be confiscated and destroyed or sold at an auction, and the license
of the operator may be revoked after a hearing.
K. Every mechanical or electronic amusement device required
to be licensed under this article shall have permanently affixed thereto
an individual identification number or serial number, which number
shall not be transferable from one machine to another.
Any person who violates any provision of this article shall, upon conviction thereof, be punished as provided in §
4-3 of the Code. Each day that a violation occurs or is committed shall constitute a separate offense.
[Adopted 2-2-2012 by Ord. No. 2012-2; amended in its entirety 4-23-2020 by Ord. No. 2020-4]
As used in this article, the following terms shall have the
meanings indicated, and shall house one or more devices regulated
by the State of New Jersey:
ACCESSORY AMUSEMENT
The operation of electronic amusement devices in commercial
establishments that contain no more than three such devices.
AMUSEMENT CENTERS
A commercial establishment that houses four or more electronic
amusement devices.
AMUSEMENT MACHINES OR DEVICES
Any machine, contrivance or device which, upon the payment
of any price, in any form, operates or may be operated by the public
generally.
AMUSEMENT PARK RECOGNIZED
A commercially operated, permanent business, open to the
public at least 31 consecutive days annually, whose acreage is designed
and themed for the primary purpose of providing participatory amusements,
incorporating rides or water slides licensed in accordance with N.J.S.A.
5:3-1, et seq., and food and merchandise concessions in permanent
structures, available for use by the general public.
ARCADE
A place where a single player may play any one of a number
of machines or devices, upon payment of a fee, to attempt to obtain
a prize or tickets or tokens redeemable for a prize, or to attempt
to attain a score or result upon the basis of which a prize, ticket
or token is awarded.
ELECTRONIC AMUSEMENT
An amusement offered through an electronic device that allows
a player to participate in a game of skill or chance through interaction
with the device (N.J.S.A. 5:8-101).
GAME
A game or amusement which is authorized under the provisions
of the Amusement Games Licensing Law.
OPERATOR
Any person or entity who owns, leases, rents, or operates
any premises on or at which any automatic, mechanical, electronic
amusement machine or device is kept, placed or exhibited for use or
operation by the public.
PUBLIC OR QUASI-PUBLIC PLACE
Any building, store, marketplace, club, tavern, inn, cocktail
lounge, restaurant, hotel or other premises wherein the public is
expressly or impliedly invited or may enter.
SKILL-BASED ATTRACTION
An amusement utilizing a tangible object such as a ball,
puck or other portable object either alone or in competition with
other on-premises guest, or requiring the exertion of physical, aerobic
activity, such as dancing, climbing, running, or jumping rope; or
any amusement that is predominantly skill-based and can be played
either alone or in competition with other on-premises guests (N.J.S.A
5:8-101).
The Amusement Games Licensing Law, N.J.S.A. 5:8-100 et seq.,
and such regulations as promulgated under Chapter 3, Office of Amusement
Games Control, N.J.A.C. 13:3-1.1 et seq. are by this reference hereby
incorporated as provisions of this article, as fully as if they were
herein at length set out, it being the intention of the Township Council
that any violation of such sections by a licensee shall be a violation
not only of the Amusement Games Licensing Law but also of this article
and that any duties of a licensee as set out in such sections are
duties of a licensee under both the Amusement Games Licensing Laws
and this section.
It is hereby determined, decided and declared that there exist zones within the Township of Marlboro for use as indoor recreational activities in Zone C-3 (Community Commercial District), Zone LI (Light Industrial Zone District) and Zone IOR (Industrial Office Research District) for amusement parks, arcades and entertainment areas in accordance with the definition contained in §
88-13, and subject to the restrictions in §
88-15.1.
No more than 25 mechanical or electronic amusement devices shall
be permitted to be licensed and operated for the first 3,000 square
feet of any one place of business as calculated within the principal
building wherein that business is conducted. Where more than one commercial
use or industry is conducted in any one building or in attached buildings
on the same property, the square footage for the purposes of this
subsection shall be calculated on a per-use basis. Jukeboxes shall
not be counted in the determination of the original two mechanical
or electronic amusement devices.
It shall be unlawful for any person, firm or corporation to own, conduct or operate within this municipality any amusement game or games as said amusement game or games are defined by the Amusement Games Licensing Law, N.J.S.A. 5:8-100 et seq., as amended from time to time, and in §
88-13, "Definitions," hereinabove, whether said amusement game or games are of skill or chance, or both, and whether said amusement game is played and operated with or without numbers, symbols, or figures without first having obtained a state-issued license. Said license shall be issued subject to the provisions of the Amusement Games Licensing Law and the Revised Amusement Games Regulations, effective April 11, 1966, promulgated by the Office of
Amusement Games Control, Department of Law and Public Safety of the
State of New Jersey.
Amusement parks, arcades and entertainment centers shall not
be operated between the hours of 2:00 a.m. and 7:00 a.m. where such
facility is located within 200 feet of any residential use or residential
district. The hours of operation shall not be earlier than 7:00 a.m.
nor later than 11:00 p.m. on Sundays through Thursdays and not later
than 12:00 midnight on Fridays or Saturdays.
No operable machine or device shall be located in any part of
the licensed premises which is not open to the general public.
The Township Council shall have and exercise control and supervision
over all amusement games operated or conducted under such license
with all of the powers authorized and granted to it under the Amusement
Games Licensing Law and all amendments and supplements thereto.
In the event any licensee shall violate any of the provisions
of this article, the Amusement Games Licensing Law, the rules and regulations promulgated by the Legalized
Games of Chance Controls Commission or the specific terms of the license,
such licensee shall be a disorderly person and if convicted as such
shall, in addition to suffering any other penalties which may be imposed,
suffer forfeiture, revocation or suspension of any license issued
under this article.
Any person who violates any provision of this article shall, upon conviction thereof, in addition to the provisions of §
88-22 herein, be punished as provided in §
4-3 of the Code. Each day that a violation occurs or is committed shall constitute a separate offense.