[Adopted by Ord. No. 8-1997 (Ch. 5.16 of the 1996 Municipal Code)]
As used in this article, the following terms shall have the meanings indicated:
AMUSEMENT CENTER
Any business or establishment having more than three automatic amusement devices shall be classified as an amusement center, with corresponding fees.
AUTOMATIC AMUSEMENT DEVICE
Any machine which upon insertion of a coin, slug, token plate or disc may be operated by the public for use as a game, entertainment or amusement, whether or not registering a score. Automatic amusement devices shall include, but are not limited to, such devices as marble machines, pinball machines, music vending machines, skill ball, mechanical grab machines and all games, operations or transactions similar thereto, under whatever name they may be indicated.[1]
DISTRIBUTOR
Any person who supplies any automatic amusement device to another for use in his/her premises, whether under lease or any similar arrangement.
OPERATOR
Any person in whose premises, either owned or leased, any automatic amusement device is placed or kept for operation.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The purpose of this article is to license, regulate and control those automatic amusement devices which are operated for the purpose of making a profit. The objective of this article is to regulate the business of amusement devices so as to prevent nuisances to patrons and the public, fire hazards from overcrowding, poor ingress and egress at premises where amusement devices are located and to prevent gambling, loitering or the creation of an unhealthy atmosphere for the youth of the community or other foreseeable undesirable effects of such devices.
A. 
License required. No person shall maintain, operate or possess in any store, building or other place where individuals may enter or wherein any club or organization meetings are held within the City any automatic amusement devices without first obtaining a license for each such machine or device.
B. 
Number of machines permitted. One music playing device, one shuffleboard and one coin-operated pool table are permitted in each establishment. These machines will not be counted in determining whether an establishment is an amusement center. However, additional machines of this type will be counted to determine whether an establishment is an amusement center.[1]
[1]
Editor's Note: Original § 5.16.030C, Existing machines; renewal fee, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
All applications for a license under this article shall be made and delivered to the office of the Construction Official, on forms to be supplied for the purpose and shall be subscribed and sworn to by the applicant.
B. 
The application for the license shall contain the following:
(1) 
Name and address of the applicant;
(2) 
Name under which the place is being operated and the location of the same;
(3) 
Number and type of alcoholic beverage license, where applicable;
(4) 
Number and type of machines sought to be licensed;
(5) 
Two copies of a site plan, of at least one-fourth-inch-equals-one-inch scale;
(6) 
Name and address of the person from whom each device is to be purchased, rented or otherwise obtained;
(7) 
A description of each automatic amusement device sought to be licensed, including for each device the name of the manufacturer, model number and serial number;
(8) 
The terms of the agreement governing the acquisition and installation of each automatic amusement device;
(9) 
Information indicating whether the distributor, the applicant or any person connected with the operation of the place wherein the game or device is to be installed has ever been convicted of any crime or found guilty of the violation of any ordinance pertaining to gambling or gaming;
(10) 
Any other information which the Construction Official, Police Chief or appropriate subcode officials may deem reasonably necessary and proper for the full protection of the interest of the patrons or the public in the application.
C. 
All applications shall be accompanied by the appropriate fee.
The Chief of Police or his/her designee may make an investigation of the premises and the applicant to determine the truth of the facts set forth in the application. The Construction Official or his/her designee may inspect the premises to determine whether such premises comply with existing building regulations of the City. The Chief of Police and the Construction Official may, upon completion of their inspections, attach to the application their reports. Upon receipt of the application and inspection reports, if any, the Council shall proceed to consider the same and shall either approve or disapprove the issuance of the license to the applicant. If the applicant is approved, the Construction Official shall issue the necessary licenses.
A. 
The number of automatic amusement devices that may be located in any one location shall be governed by the physical space available in any business location for the use of such devices, not to exceed three devices.
B. 
The following rules shall govern the location within all business premises of automatic amusement devices:
(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 unobstructed 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 each device wherein the users of such device may use, watch or wait to use the 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 section that for purposes of preventing overcrowding and assuring safe passage of the general public that each machine shall have its own unobstructed perimeter zone.
C. 
No games subject to this section may be operated within 500 feet of a school up to the twelfth grade or house of worship. The distance shall be measured for similar restrictions imposed and as interpreted for alcoholic beverage licensed premises by the Alcoholic Beverage Commission. This subsection shall not be construed to require the removal of any automatic amusement devices which are in place as of the effective date of this article.
The fees for all licenses or applications required by this section shall be as set forth in Chapter 146, Fee Schedule.
A. 
All licenses issued under this article shall be for a term of one year, commencing on January 1 and expiring on December 31 of the year of issuance.
B. 
A license shall be renewed by submission to the Construction Official, no later than November 1, of an application therefor, pursuant to §§ 80-12 and 80-15.
C. 
A license may not be transferred from one machine to another.
A. 
No person shall, in his/her place of business, permit gambling in connection with the playing of any mechanical amusement device.
B. 
An automatic amusement device may only be used or operated during the hours of operation of the premises in which located, and when the owner or an employee of the business is present in the premises.
The license for each device or machine shall be posted on the machine or device in a visible location or in such other visible manner approved by the Construction Official. Such license shall contain the name of the manufacturer, the model number and serial number for the machine or device issued.
Anytime after the granting of a license, the Police Committee of the Council may revoke such license or licenses if, after a hearing, it finds:
A. 
Gambling on the premises;
B. 
False or incorrect information on the application furnished by the applicant;
C. 
Failure to maintain good and safe conduct on the premises;
D. 
Violation of the laws of the State of New Jersey or of this article or other ordinances of the City;
E. 
The presence of the machine or device results in gambling, obscene or loud language disturbing, or likely to disturb, the public or other patrons of the premises or results in creating a nuisance, excessive noise, litter, traffic or rowdyism by the patrons.
Any person who violates any provision of this article shall, upon conviction thereof, be subject to the penalty set forth in Chapter 1, Article III, General Penalty. Each day that a violation occurs or is committed shall constitute a separate offense.