Borough of Harrington Park, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Harrington Park as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 131.
Fines and penalties — See Ch. 164.
Fire prevention — See Ch. 173.
Property maintenance — See Ch. 248.
[Adopted 4-21-1969 by Ord. No. 230 (Ch. 23 of the 1967 Code)]
It shall not be lawful to conduct, maintain or operate for the public within the Borough, without first having had and obtained for that purpose a license therefor, to be issued by and in the name of the Borough, any show or performance or other place of business wherein amusement is provided and to which an entrance fee or other fees are charged, including circuses; carnivals; traveling shows; amusement places operating exhibitions and roller coasters, scenic railways, merry-go-rounds, Ferris wheels or other similar rides; concerts; plays; motion-picture shows; theaters; open-air bathing pools; skating rinks; and pool or billiard parlors. It shall not be lawful to conduct or carry on street parades within the Borough without first having had and obtained for that purpose a license therefor, to be issued by and in the name of the Borough.
A. 
Application for licenses as provided for in § 99-1 of this article shall be made in writing by the person or persons, firm or firms, corporation or corporations conducting such shows, performances, places of business or street parades. Applications shall set forth the nature of the show, performance, place of business or street parade, location of the place or places in which it is to be maintained and conducted, name or names of the owners thereof and the name of the manager or operator in charge thereof. The fees, as hereinafter provided for, shall be accompanied by such applications. Any such application shall be filed with the Borough Clerk at least 10 days prior to the next regular meeting of the Borough Council and upon such filing shall be immediately reported to the Borough Council for action thereon at its next regular meeting or at any regular or special meeting thereafter.
B. 
If the application is granted by the Borough Council, the Borough Clerk shall issue a license in writing in the name of the Borough. All licenses, unless otherwise provided for, shall be for the balance of the calendar year, all licenses terminating as of December 31 of each year unless sooner canceled and revoked for cause. The Borough Clerk shall keep a proper record of any license issued by him under the direction of the Borough Council, containing the name of the party to whom it was issued, the date of issue and the purpose for which the same was issued. Each license, when received, shall set forth the name of the person to whom it was issued, the place where it was issued, the amusement designated and the length of time that said license is to run. Each license shall be good only for the place or places designated therein, for the amusement or street parade designated and the party or parties as set forth in said license. No license shall be transferred except by consent of the Borough Council.
C. 
The fees for such licenses shall be as provided in the Borough Fee Schedule.[1]
[1]
Editor's Note: Amended at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. III).
All licenses shall be issued subject to all existing ordinances of the Borough and to such other ordinances, rules or regulations which may hereafter be passed or adopted by the Borough Council. Any license issued may be revoked for cause upon written notice and after hearing the party to whom such license was issued.
In the event that any religious, charitable or other nonprofit organization shall make application for a license for any purpose specified in § 99-1 of this article which is to be conducted for a religious, charitable or community purpose, a license may be granted by the Borough Council for such purpose without requiring payment of the prescribed license fee. Such religious, charitable or other nonprofit organizations shall be required, however, to comply with the terms of this article in all other respects.
[Amended 4-18-2011 by Ord. No. 658]
Each and every person, firm or corporation violating any of the provisions of this article shall, upon conviction, be punished as set forth in Chapter 164, Fines and Penalties.
[Adopted 2-16-1982 by Ord. No. 331 (Ch. 5 of the 1967 Code)]
The purpose of this article is to establish that a person may conduct a business which provides amusement devices for public use or play within the Borough of Harrington Park in a manner consistent with the public safety, good morals and the general welfare of the community and to ensure that all persons involved in such business can reasonably be expected to operate the business in accordance with law and free from gambling and other illegal or immoral conduct and from unwarranted noise and commotion.
As used in this article, the following terms shall have the meanings indicated:
COIN-OPERATED AMUSEMENT DEVICE
Any amusement machine or device operated by means of the insertion of a coin, token or similar object for the purpose of amusement or skill and for the operation, use, playing or exhibition of which a fee is charged. Also included within this definition are coin-operated mechanical or electronic musical devices which are commonly referred to as "jukeboxes."
DISTRIBUTOR
Any person who leases, rents or places under any kind of arrangement within the Borough of Harrington Park one or more coin-operated amusement devices.
LICENSED PREMISES
Unless otherwise stated, any place of business or premises in which a coin-operated amusement device licensed in accordance with this article is located, operated, used, played or exhibited.
OPERATOR
Any person in whose place of business or on whose premises any coin-operated amusement device is placed or kept for operation, use, play or exhibition.
PERSON
Any natural person, firm, corporation, partnership or association.
No person shall engage in the business of a distributor or operator of coin-operated amusement devices within the Borough of Harrington Park without first having obtained a proper license therefor. No license shall be issued to any person under 18 years of age.
A. 
Each application for a license hereunder shall be filed in duplicate with the Borough Clerk, together with the appropriate license fee, and shall specify:
(1) 
The type of license, distributor or operator, requested.
(2) 
The name, age, address, social security number (or employer identification number) and telephone number of the applicant and, if the applicant is a corporation or association, of each principal officer thereof. The name, age, address, social security number (or employer identification number) and telephone number of each partner and each stockholder holding a ten-percent or more interest in a firm, corporation, partnership or association, if applicable, shall also be specified.
(3) 
The addresses of the premises where the licensed coin-operated amusement devices are to be operated, used, played or exhibited, together with a description of the character of the business conducted, or to be conducted, on such premises.
(4) 
The name, age, address, social security number and telephone number of the manager, supervisor or senior operator, or the applicant, who shall be in charge of the applicant's business in the Borough of Harrington Park.
(5) 
Whether the applicant has been previously licensed by any public or governmental authority to operate, use, play or exhibit coin-operated amusement devices and, if so, the name of the authority approving the license and the date of issuance of said license, or whether the applicant has applied for such a license and such application is pending or has been denied, revoked or suspended and the reason therefor.
(6) 
All criminal convictions, fully disclosing the offense for which the applicant was convicted and the circumstances thereof.
(7) 
With respect to each natural person whose name appears on the application, voluntarily submit to the taking of his fingerprints so that a proper investigation may be expedited. The fingerprints so taken shall be retained on file by the Chief of Police or his authorized representative.
(8) 
For each coin-operated amusement device to be licensed, the trade name and general description, the name of the manufacturer, the serial number, the location within the Borough of Harrington Park where said device will be placed and the terms of any agreement governing the acquisition, installation, operation, use, playing or exhibition of said device.
B. 
The application shall contain a certification made under oath by the applicant to the effect that the information contained in the application is complete, accurate and truthful to the best of his knowledge and belief. The Borough of Harrington Park, its agents or its employees shall be expressly authorized by the applicant to seek information and to conduct an investigation into the truth of the statements set forth in the application.
A. 
The fee for the initial license for each distributor shall be $200. In addition, each distributor shall pay an annual license fee of $50 for each coin-operated amusement device leased, rented or placed under any kind of arrangement with an operator.
B. 
The annual license fee for each operator shall be $100 for each coin-operated amusement device operated, used, played or exhibited in the operator's place of business or on the operator's licensed premises.
C. 
All licenses issued under this article (other than the initial license for a distributor) shall be for a term commencing on the date of issuance and expiring on December 31 of the year of issuance. In the event any such license is issued after January 1 in any year, the license fee therefor shall be prorated according to the number of days remaining in the year in question.
D. 
A license may be transferred from one coin-operated amusement device to another by giving notice to the Borough Clerk to that effect and giving a description of the device as set forth in § 99-9A(8) herein. There shall be a fee for all such transfers of licenses from one device to another in the amount of $25 per transfer.
E. 
A license may be transferred from one place to another by giving notice to the Borough Clerk to that effect and supplying the required information as to the new premises as set forth in § 99-9A(3). The Borough Clerk shall promptly forward a copy of the notice to the Chief of Police and the Construction Code Official for review to establish that the transfer is in accordance with all provisions of this article. There shall be a fee for all such transfers from one place to another in the amount of $25 per transfer.
F. 
A license shall be renewed by submission to the Borough Clerk no later than November 1 of an application therefor prepared in accordance with the provisions of § 99-9 of this article.
The licensing requirements of this article shall not apply to any church, fraternal or veterans' organization or other religious, charitable or nonprofit organization which operates, uses, plays or exhibits a coin-operated amusement device exclusively for the use of its members and their guests on premises owned or controlled by it, but such organizations shall remain subject to all other provisions of this article.
A. 
The Borough Clerk shall promptly forward a copy of the application to the Chief of Police and the Construction Code Official for investigation and review.
B. 
The purpose of any investigation shall be to establish that the applicant is capable of conducting the proposed business of distributing or operating coin-operated amusement devices within the Borough of Harrington Park in a manner consistent with the public safety, good morals and the general welfare of the community and that all those persons involved in such business can reasonably be expected to operate the business in accordance with law and free from gambling and other illegal or immoral conduct and from unwarranted noise and commotion.
C. 
No operator's license shall be granted unless the licensed premises shall meet all requirements of the fire, housing, building, health, electrical and plumbing codes of the Borough of Harrington Park.[1]
[1]
Editor's Note: See Ch. 131, Construction Codes, Uniform; Ch. 173, Fire Prevention; Ch. 248, Property Maintenance; and Part III, Health Code.
D. 
The Chief of Police and Construction Code Official may, upon completion of their inspections, review or investigations, prepare appropriate written reports and attach their reports to said application. Upon receipt of an application and said reports, if any, the Mayor and Council shall proceed to consider the same and shall either approve or disapprove the issuance of a license to said applicant.
(1) 
If the application is approved, the Mayor and Council shall authorize the Borough Clerk to issue the necessary license, and the fee or fees submitted with the application shall be remitted by the Borough Clerk to the Borough Treasurer.
(2) 
If the license is denied, the grounds therefor shall be set forth in writing, 75% of the fee or fees shall be returned to the applicant and the balance remitted to the Borough Treasurer to offset the administrative costs of processing the application, and the applicant shall be notified in writing that he may, within 20 days after the date of such notice, request in writing a hearing before the Mayor and Council. The applicant, if he requests a hearing, shall be given 10 days' written notice of the date, time and place of such hearing. At the hearing before the Mayor and Council, the applicant may submit pertinent information on his own behalf.
A. 
In the case of operators, the license shall be posted in a conspicuous place in the licensed premises of the licensee. Where an operator owns a coin-operated amusement device, the license number assigned to said device shall be permanently affixed to said device so that it can easily be ascertained.
B. 
In the case of distributors, the license number assigned to each coin-operated amusement device shall be permanently affixed to said device so that it can be easily ascertained.
C. 
All licenses shall be nonassignable and nontransferable except as provided in § 99-10 of this article.
A. 
The operator shall not permit any person to bet or gamble on the licensed premises.
B. 
The operator shall at all times maintain good order and shall not permit any disturbance, congestion or loitering upon the licensed premises.
C. 
No jukebox or coin-operated amusement device shall be operated in a manner such as will enable it to be heard out-of-doors.
D. 
No licensed premises shall be without adequate sanitary facilities or contain any fire, safety or health hazard.
E. 
Each distributor and/or operator shall, within five days, report in writing to the Borough Clerk any change, during the term of any license or renewal thereof, in the information previously furnished on the license application or subsequent renewal application.
F. 
No distributor or operator shall refuse to cooperate fully with the Borough Clerk or any law enforcement officer or agency.
G. 
Each coin-operated amusement device shall be located at least 10 feet from the entranceway to the premises in which it is located, and each device shall be placed so that it does not obstruct or interfere with the free passage of patrons or users of the licensed premises.
H. 
The maximum number of coin-operated amusement devices per licensed premises shall be two, and there shall be at least 1,000 square feet of floor area provided for each such device.
All members of the Borough of Harrington Park Police Department are authorized to enforce the provisions of this article.
A. 
Every license issued hereunder is subject to revocation by the Borough Clerk for the violation of any of the provisions of this article. Any information misstated or omitted in the license application or any license renewal application shall constitute sufficient grounds for revocation.
B. 
If a license granted hereunder is revoked, the grounds therefor shall be set forth in writing, and the licensee shall be notified in writing that he may, within 20 days after the date of such notice, request in writing a hearing before the Mayor and Council. The licensee, if he requests a hearing, shall be given 10 days' written notice of the date, time and place of such hearing. At the hearing before the Mayor and Council, the licensee may submit pertinent information on his own behalf.
A. 
Any person who violates any provision of this article shall, upon conviction thereof, be punished as set forth in Chapter 164, Fines and Penalties. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Amended 4-18-2011 by Ord. No. 658]
B. 
Upon such conviction, no licensee shall thereafter be licensed to transact the business of distributing or operating coin-operated amusement devices in the Borough of Harrington Park.