[Adopted 2-9-2006 as Ch. 35, Art. I, of the 2006 Code of the Borough of High
Bridge]
As used in this article shall have the following meanings:
Any machine or device which, upon the insertion of a coin,
token, plate, disk or credit card, or upon the payment to a proprietor
or its agent or employee, may be operated by the public generally
for use as a game, entertainment or amusement, whether or not registering
a score. The term includes, but is not limited to, amusement devices
commonly known as electronic video games, pinball, skill ball, mechanical
grab machines, marble machines, baseball, bagatelle, pool table, billiard
table, bowling alleys and all game machines or devices similar thereto.
[Amended 6-13-2013 by Ord. No. 2013-13]
Any person who supplies, offers or exhibits for sale, leases,
sells, repairs, or distributes automatic amusement devices to any
other person.
The total number of square feet which the public is invited
to use and occupy, other than rest rooms and areas of ingress and
egress. Excluded from net floor area are areas used for storage, offices,
kitchen, counter space, shelving, and any areas which are not used
by the public on a regular basis. The Building Inspector or Zoning
Officer shall determine the net floor area in each prospective licensed
premises subject to this article.
Any individual, firm, corporation, partnership, association,
or entity.
Any building, business, store, restaurant, tavern, or other
place to which the public is invited or may enter.
Any person who owns, leases, rents or operates any premises
on or at which any automatic amusement device is kept, placed, or
exhibited for use or operation by the public.
A.
No person shall keep, place, or exhibit any automatic amusement device
for use or operation by the public on or at any premises in the Borough
of High Bridge without first obtaining a proprietor's license for
such premises.
B.
No person shall keep, place or exhibit any automatic amusement device
for use or operation by the public on or at any premises in the Borough
of High Bridge without first obtaining an automatic amusement device
license for such automatic amusement device.
C.
No person shall supply, offer or exhibit for sale, lease, sell, offer
to repair or distribute any automatic amusement device in the Borough
of High Bridge without first obtaining a distributor's license, and
if such distributor shall permit a customer to operate such machine
being offered for sale, etc., such operation shall be free of charge.
A.
An application for a proprietor's license shall be filed in
writing with the Borough Clerk. The application shall state the following:[1]
(1)
The names and addresses of the suppliers, lessors, distributors and/or
owners of the automatic amusement devices to be kept on the premises;
(2)
The number of devices to be kept, placed or exhibited on the premises
for use or operation by the public, which number shall be specified
on the proprietor's license; and
(3)
The net floor area, in square feet, of the premises, together with
a diagram of the floor area.
B.
The application shall be accompanied by a certification from the
Division of Code Enforcement that the premises occupancy load has
been calculated and posted in accordance with the New Jersey State
Uniform Construction Code.
C.
The application shall be accompanied by a certification from the
Division of Code Enforcement that the premises are in substantial
compliance with the Fire Prevention and Housing and Property Maintenance
Codes of the Borough of High Bridge.[2]
D.
A proprietor's license shall not be transferred or assigned. Specifically,
but not by way of limitation, a proprietor's license shall not run
with the premises, nor shall sale of the premises effectuate a transfer
of the license.
A.
B.
An automatic amusement device license may be transferred, provided that the requirements of § 116-10 are met.
C.
No automatic amusement device license shall be issued to any person
other than one holding a valid proprietor's license hereunder.
[Amended 2-8-2007 by Ord. No. 2007-4]
A.
All licenses for automatic amusement devices issued by the Borough
of High Bridge shall expire at 12:00 midnight on December 31 of the
year in which such licenses are issued.
B.
All complete applications, including all fees, which shall be nonrefundable,
for permits for such automatic amusement devices as defined in this
article shall be submitted to the Municipal Clerk's office no
later than January 15 of the given year for which application for
the permit is submitted. The Clerk's office shall have a period
of 15 business days from the date of such submission to declare the
application complete or incomplete. In the event that the application
is declared complete, the application shall be passed on to the Borough
Council for a ruling on whether, in the sole discretion of Council,
the permit should be issued. Council shall have a period of 30 days
from the date that the Clerk determines that the application is complete
before rendering a decision on the application for the permit(s).
C.
In the event the Clerk determines that the application is incomplete
and that additional information is required, the Clerk shall return
all materials, with the exception of the fees, which are nonrefundable,
to the applicant, in the event that the applicant returns a completed
application to the Clerk's office within 30 days of the Clerk
returning the incomplete application to the applicant, the original
fees paid shall be applied to the application. In the event that the
application remains incomplete for more than 30 days beyond the Clerk
giving the applicant notice of the application's status of noncompliance,
the original fees shall be forfeited and new fees will be required.
[Amended 2-8-2007 by Ord. No. 2007-4]
There shall be an annual application fee paid to the Borough
of High Bridge for any establishment utilizing or seeking to utilize
automatic amusement devices of $100 paid to the Borough of High Bridge,
which shall be nonrefundable whether or not the permits are issued.
In addition to the application fee, the following fees shall be paid
along with the application:
A.
For each of the first three machines in any one location or establishment:
$50 per machine;
B.
For each of the next three machines in any one location or establishment:
$250 per machine; and
C.
For each and every machine over six machine in any one location or
establishment, there shall be an annual licensing fee of $1,000 for
each and every machine over six machine.
In addition to the information required by § 116-4 of the High Bridge Code, each automatic amusement device license shall contain the serial number and type of the device. The license shall be firmly attached at a conspicuous place on the device.
A.
If a proprietor licensed hereunder desires to increase the number of devices to be kept, placed or exhibited or the premises for use or operation by the public, he shall file an amendment to his original application for a proprietor's license filed pursuant to § 116-3 hereof and surrender his original proprietor's license to the Borough Clerk. The proprietor shall pay any additional fees for automatic amusement devices in accordance with the fee schedule referred to herein. The amendment shall state the following:[1]
(1)
The names and addresses of the suppliers, lessors, distributors,
and/or owners of the additional devices to be kept, placed or exhibited
on the premises for use or operation by the public; and
(2)
The revised number of devices to be kept, placed or exhibited on
the premises for use or operation by the public.
B.
Upon determining that the proprietor is in compliance with all the provisions of this article, the Borough Clerk shall issue a new proprietor's license reflecting the revised number of automatic amusement devices to be kept, placed or exhibited on the premises for use or operation by the public. Issuance of a new license shall not alter the proprietor's obligation under § 116-2B of this article to obtain an automatic device license for each additional device.
If a proprietor desires to transfer an automatic amusement device license from one device to another, he shall file an application pursuant to § 116-4 hereof and surrender his automatic device license to the Municipal Clerk. The applicant shall also pay a transfer fee as set forth on the fee schedule attached to this article. Upon determining that the proprietor is in compliance with all the provisions of this article, the Municipal Clerk shall issue a new license identifying the substituted device.
A.
No proprietor's license shall be issued for any premises containing
more than two automatic amusement devices kept, placed or exhibited
for use or operation by the public and located within 500 feet of
any residential zone, church, school, day care facility, cemetery,
auditorium, playground, parkland, hospital, or like place.
B.
No proprietor's license shall be issued for any premises containing
more than two automatic amusement devices kept, placed or exhibited
for use or operation by the public and located within 500 feet of
any other premises licensed pursuant to this article containing more
than two such devices.
A.
No premises shall contain more than one automatic amusement device
for every 100 square feet of net floor area.
B.
Automatic amusement devices shall be separated from each other by
at least eight feet, provided that if the devices are placed along
a wall they shall be separated from other devices along the same wall
by at least four feet.
C.
No automatic amusement device shall be located within eight feet
of any doorway, aisle, hallway, passageway or other means of ingress
egress, including designated fire exits.
B.
Under no circumstances shall the term "award or prize" as used in
this section be construed to allow proprietors to offer cash prizes
for "pool tournaments," or to allow private wagering between and/or
amongst patrons playing in tournaments in such establishments, whether
or not such tournaments are sanctioned by the proprietor. Application
for pool or billiard tournaments must be made through the Mayor and
Borough Council at least 14 days in advance of the scheduling of said
pool or billiard tournament.
[Amended 2-8-2007 by Ord. No. 2007-4]
A.
The proprietor shall provide one attendant over 18 years of age for
every increment of one to 10 automatic amusement devices, pool tables
or billiard tables which are kept or placed on the premises for active
use or operation by the public and which devices, pool tables or billiard
tables are not used exclusively for sale to the general public. At
least one of those attendants shall be over the age of 21. The requisite
number of attendants shall be present at all times during which the
public is invited to use or operate the automatic amusement devices.
B.
If more than two devices are kept, placed or exhibited on the premises
for use or operation by the public, the attendants shall not have
duties other than those primarily related to supervision of the use
and operation of the devices.
No person shall have in his possession and/or use any intoxicating
liquor on the premises, unless the proprietor is licensed to sell
intoxicating liquor on such premises. Persons who are visibly intoxicated
shall not be permitted on the premises at any time.
No proprietor shall permit the consumption of any food or beverages
on the premises, except if food or beverages are sold thereon.
A.
No proprietor shall permit the use of any automatic amusement device
or pool table as defined by this article by persons under the age
of 18 years unaccompanied by a parent or legal guardian during the
following hours:
B.
The proprietor, or the attendant in charge, shall direct any minors
present and unaccompanied by a parent or legal guardian to leave the
premises at 10:00 p.m.; no such unaccompanied minor shall be admitted
to the premises after 10:00 p.m.
A.
The licensed premises shall comply with all requirements of the Fire
Prevention and Housing and Property Maintenance Codes of the Borough
of High Bridge[1] and by other ordinances of the Borough governing use and
occupancy of premises.
B.
Nothing herein stated shall be construed to exempt any proprietor
from complying with the requirements of any other ordinance of the
Borough of High Bridge.
C.
No proprietor shall permit a density of occupancy of the premises
greater than the posted occupancy load.
Any automatic amusement devices not licensed pursuant to this
article shall not be kept on the premises in any areas to which the
public is invited and has access.
The licensee shall post an explicit and detailed policy concerning
any refunds of monies for inoperative automatic amusement devices.
The refund policy shall be posted in a conspicuous place on the licensed
premises.
A.
Any license issued pursuant to the provisions of this article shall
be revoked by the Borough Council if the licensee shall be found to
have been, prior to the granting thereof, convicted of crime or of
the violation of any law involving gambling, or shall, after the granting
thereof, be convicted of crime or of the violation of any municipal
ordinance. The licensor may be suspended or revoked by the Borough
Council for any other good cause, including the violation of any section
of this article.[1]
B.
Upon any proceeding for revocation, written notice of the charges
against him or her shall be served upon the licensee, either personally
or by certified mail, return receipt requested, addressed to his or
her last known address as the same appears in the application for
the license within not less than 10 days prior to the date set for
the hearing on the charges upon which such revocation are based. The
hearing may be adjourned for one five-day period by either party and
one additional five-day period with the consent of both parties. In
the case in which the licenses are revoked, all fees paid for the
application of the license or applications therefor shall be deemed
revoked.
[Amended 2-8-2007 by Ord. No. 2007-4]
C.
In case any license shall be revoked, the licensee shall not be entitled
to the return of any part of the license fee.
Every licensed pool room or billiard room or combination thereof
shall be established to admit a view of the interior thereof from
the entrance to licensed premises; provided, however, that a curtain
or other means of screening may be used on windows or doors of the
premises to a height of five feet from the floor of the premises during
daylight hours of operation; provided, however, that the screening
shall not obstruct or prevent the view of examination of the interior
of the premises by a police officer, or any inspection by any other
officer of the law.
The owner or operator of every billiard room, pool room, or
such other place as may exist wherein billiards or pool is licensed
hereunder shall not permit the use of billiards and pool tables to
be used for any purpose between the hours of 2:00 a.m. to 7:00 a.m.
on weekdays and between 2:00 a.m. and 12:00 noon on Sundays. The hours
herein mentioned refer to Standard Time or Daylight Savings Time,
whichever time shall then be in effect and shall apply thereto. Notwithstanding
the foregoing, the owner/operator of a billiard room shall be permitted
to continue operations past the closing time in order to conduct business
for patrons who are already existing on the premises as of that closing
time. No additional patrons may be admitted after the closing time.
No licensee shall conduct the licensed business on any premises
which is declared to be unsafe or a fire hazard by the proper authorities
of the Borough of High Bridge.
No licensee shall permit any person to cause any noise or loudness
of such a nature so as to disturb the peace and quiet in or upon the
premises.
A.
Any licensee may seek relief from the strict enforcement of the terms
and conditions of this article upon the demonstration by clear and
convincing evidence that a particular regulation or section of this
article, if strictly applied, will cause a licensee a particular hardship
and that the licensee can demonstrate that the health, safety or welfare
purpose of the regulation can be satisfactorily met by an alternative
proposed by the licensee.
B.
It shall be the licensee's burden and duty to apply for a variation
from any section of this article prior to the elimination or adoption
of the variation by the licensee. Applications for variations and
hearings pursuant thereto shall be held before the Mayor and Council.
The application for variation must contain:
(1)
Name, address and license of owner of the license.
(2)
A detailed description of the variation sought by the licensee which
shall include a written description and plans, if applicable.
(3)
A detailed description of the alternative proposed by the licensee
which shall include a written description and plans, if applicable.
(4)
Ten copies of the application shall be submitted. A copy shall be
supplied to the Borough Clerk, Borough Engineer, Borough Code Enforcement
Officer, Borough Fire Official, Borough Health Officer and the Borough
Zoning Officer.
C.
All property
owners located within 200 feet of the licensed premises shall be given
notice of the application for variation by certified mail, return
receipt requested, as well as publication in the official newspaper
of the Borough. Notice shall be mailed at least 10 days prior to the
date of the hearing. The notice shall include the date, time and place
of the hearing; the nature of the matters to be considered; an identification
of the property proposal by variation by street address or by lot
and block and the location and time at which the licensee's application
and supporting documents for which approval is sought is available
to be viewed.
D.
The licensee shall be entitled to a hearing before the Mayor and Council in order to determine if the licensee has met its burdens of proof under Subsections A and B above. The licensee may offer evidence by way of testimony of documentation at that time. The licensee may, by its own choice, be represented by an attorney but representation is not required.
E.
The Mayor
and Council may seek reports or advice from its Borough Clerk, Engineer,
Code Enforcement Officer, Zoning Officer, Fire Official and Health
Officer as part of the evidence to be considered in any case.
F.
The Mayor
and Council shall render a decision memorialized by a written resolution
as to whether the licensee has by clear and convincing proof met its
burdens.
G.
The licensee
may appeal any decision of the Mayor and Council to the Superior Court
of New Jersey.
This article shall be enforced by the Borough Police Department.
[Amended 2-8-2007 by Ord. No. 2007-4[1]]
B.
Penalties for the first offense shall be no less than $100 nor more
than $500, per machine, per day for a first offense. For a second
or subsequent offense, penalties shall be not less than $500 nor more
than $1,000, however, each machine and each day shall constitute a
separate offense. A third offense shall result in a revocation of
any amusement device license held by the proprietor or establishment.
C.
In the event of a fifth or subsequent offense, and the establishment
holds a liquor license, the liquor license, upon conviction of the
proprietor for such fifth or subsequent offense, shall be revoked
and become the property of the Borough of High Bridge to alienate
as it sees fit.
