[Adopted 6-8-1970 as Sec. 6-6 of the Revised General Ordinances]
As used in this article, the following terms shall have the meanings indicated:
COIN-OPERATED AMUSEMENT DEVICES (hereinafter "DEVICE")
Any automatic, mechanical or electronic amusement device, game or device of skill or entertainment, such as pinball machines, electronic games, bowling machines, mechanical game machines, skeeball machines, pokerino machines and commercial pool tables, which are operated or set in motion by the deposit therein of any coin or coins, tokens or slugs or the like thereof, purchased for cash, and including electronic video-type games or machines or similar devices that use a display screen for points, lines or dots of light that can be manipulated to simulate games or other types of entertainment. Excluded from this definition are music vending machines commonly known as "jukeboxes."
OPERATOR
Any natural person, partnership, firm, association, corporation or any other business entity which owns or controls premises or a location within the Town of Newton in which any device is displayed or kept for use or play.
PERSON
Any natural person, partnership, firm, association, corporation or other business entity.
No operator shall operate such a device unless a license is first obtained from the Town. A separate license for each device shall be obtained. Applications shall be made on forms supplied by the Town Clerk.
A. 
Any person who owns or leases devices as defined in § 53-1 of this article and who is a nonprofit, charitable, or religious organization and is exempt from the fees of payment requisites of obtaining a license upon said amusement games; but such organizations, associations, and corporations shall not maintain, place or install more than two devices in or about any single premises or location.
B. 
Excepted from the provisions of this article are a maximum of two devices located in private residences and utilized by the residents thereof and their social guests only.
If any device required to be licensed under this article is utilized for any illegal purposes, the same may be seized, impounded or destroyed if the licensee shall plead or be found guilty in connection with any criminal charge relating to the illegal use of such machine.
A. 
Application information. In addition to the requirements set forth in § 171-2, said application shall state the following:
(1) 
Type of alcoholic beverages sold, if applicable.
(2) 
Number and type of devices sought to be licensed.
(3) 
Name and address of the person from whom each such device is to be purchased, rented, or otherwise obtained.
(4) 
Description of each device to be licensed, including for each device the name of the manufacturer, model number and serial number.
(5) 
Copies of agreements governing the acquisition and installation of said devices if leased, or documents of title, if owned.
(6) 
Information indicating whether the distributor, the applicant, or any person connected with the operation of the place of business wherein the device is to be installed has ever been convicted of any crime or convicted of the violation of any statute, ordinance or regulation pertaining to gambling or gaming in any jurisdiction, the nature of the offense and the punishment or penalty imposed.
(7) 
Certification that the applicant is over 18 years of age.
(8) 
Any other information which the Town Council may deem necessary and proper for the full protection of the interests of the public in the application.
B. 
Processing of application. In addition to the investigation called for in § 171-3:
(1) 
Upon receipt of an application for the license under this article, the Police Chief shall conduct an investigation into the nature of the device(s) to be licensed and the location at which such device is to be used.
(2) 
Upon receipt of an application for the license under this article, the fire subcode official shall inspect the premises wherein devices shall be located to determine whether said premises comply with existing fire regulations of the Town.
(3) 
The Police Chief and the Fire Chief shall inform the Town Clerk in writing within a reasonable time of the date of application of their investigation and inspection.
(4) 
The Town Clerk shall have the power to issue licenses, or not issue licenses, if such application is deemed not consonant with this article, and an application shall also be denied when it is determined that the installation of a device at a particular location violates this article or any statute, ordinance or regulation.
(5) 
Upon the Town Clerk denying any application, the unsuccessful applicant shall have the right to appeal such denial to the Town Council in the manner set forth in § 171-3.
(6) 
No license shall be issued to any person who shall have been convicted in any jurisdiction of an offense which under the laws of New Jersey is denominated a misdemeanor or a high misdemeanor.
C. 
Amendment of application. In the event during the course of any calendar year an operator desires to replace a licensed device with an unlicensed device, he may do so by filing an amended application with the Clerk, which clearly specifies and identifies the replaced device and the new device.
A. 
The licensee shall at all times maintain good order upon the licensed premises and shall not permit, suffer or allow any disturbance, congestion or loitering upon the licensed premises.
B. 
The licensee shall not permit, suffer or allow any person to bid or gamble in any form or manner on the licensed premises and shall prevent any immoral or illegal conduct from occurring.
C. 
No licensed premises shall be without adequate sanitary facilities or contain any fire, safety or health hazards.
D. 
Every device shall at all times be in clear view upon the premises wherein it is located.
E. 
No licensee shall refuse to cooperate fully with the Police Department and Fire Department, nor shall any licensee refuse access to his premises by the Police Department, Fire Department, or the Department of Health and Senior Services at any time during normal business hours or at any other reasonable hour.
F. 
No devices subject to this article may be operated within 500 feet of a school or a house of worship.
G. 
No premises shall be issued licenses for a device unless such premises are located in the C-2 or C-3 zone as referenced in Chapter 320, Zoning, and are permitted uses thereunder.
H. 
No more than one automatic amusement device shall be licensed under this article for each 125 square feet of floor area, with a maximum of 15 such devices in any location wherein such devices are to be operated, used or maintained.
A. 
Any person, firm or corporation violating any of the provisions of this article shall, upon conviction for such violation, be punishable as provided in Chapter 1, Article III, General Penalty.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The application of the above penalty shall not be held to prevent any proceeding for the suspension or revocation of license.
This article shall take effect on April 1, 1982, after final passage and publication as required by law.