[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:
Any business or establishment having more than three automatic
amusement devices shall be classified as an amusement center, with
corresponding fees.
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]
Any person who supplies any automatic amusement device to
another for use in his/her premises, whether under lease or any similar
arrangement.
Any person in whose premises, either owned or leased, any
automatic amusement device is placed or kept for operation.
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]
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.
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.
