[HISTORY: Adopted by the Mayor and Council of the Borough of Red Bank as Secs. 4-2 and 4-8 of the 1987 Revised General Ordinances. Amendments noted where applicable.]
Games of chance — See Ch. 373.
It shall be unlawful for any person as herein defined to distribute, place or locate, or to continue to have placed, located or in the possession of any person who is the owner, occupant, tenant, lessor, lessee or licensee of any premises located in the Borough, a coin-operated vending or amusement machine as hereinafter defined, without first having obtained a license from the Borough Clerk as hereinafter set forth.
[Amended by Ord. No. 3-61; Ord. No. 12-82]
As used in this chapter, the following terms shall have the meaning indicated:
- COIN-OPERATED AMUSEMENT MACHINE
- Any device or piece of mechanical or electrical equipment, which upon paying therefor either in advance of or after use, or which upon the insertion of a designated piece or pieces of metallic or other currency of the United States of America or any coin, check, slug, ball, or any other article or device, into a slot or place on the machine, device or equipment, activates certain mechanisms and emits songs, music, or similar amusements, commonly known as "juke boxes," or may be operated for use as a game, entertainment of amusement and shall include such devices as marble machines, pinball machines, skill ball, mechanical grab machines, electronic video game machines and all games, operations; and/or transactions similar thereto, under whatever they be indicated.
- COIN-OPERATED VENDING MACHINE
- Any device or piece of mechanical or electrical equipment which upon paying therefor either in advance of or after use or which upon the insertion of a designated piece or pieces of metallic or other currency of the United States of America, or any coin, check, slug, ball, or any other article or device, into a slot or place on the machine, device or equipment, activates certain mechanisms and results in the dispensing of or making available to the persons or person inserting the currency into the machine, device or equipment, a quantity of nonalcoholic beverages, milk, package, photographs, a container or measure of candy, nuts, popcorn, chewing gum, ice cream, or frozen ices, soap or services of any kind, including washing machines, dryers, and dry-cleaning machines.
- PERSON, FIRM, CORPORATION or ASSOCIATION
- Includes the following: any person which owns any such machine; the person in whose place of business any such machine is placed for use by the public; and the person having control over such machines; provided, however, that the payment of such fee by any person enumerated herein shall be deemed in compliance with this chapter.
Nothing in this chapter shall in any way be construed to authorize, license or permit any gambling device whatsoever, or any mechanism that has been judicially determined to be a gambling device or in any way contrary to any future law of the State of New Jersey.
[Amended by Ord. No. 12-82]
Any person displaying for public patronage or keeping for public operation any juke box or mechanical or electrical amusement machine or device herein defined shall be required to obtain a license from the Borough upon the payment of a license fee. Application shall be made to the Borough Clerk upon a form to be supplied by the Borough Clerk for that purpose.
Nothing herein shall be construed to require the licensing of any machine which is being stored or repaired in or upon the premises of any distributor of such machines.
Not more than two amusement machines or devices shall be licensed or operated within the first 200 square feet of public floor space or any one place of business. A license may be issued for additional amusement machines or devices for every additional 50 square feet, or four times the area of the machines, whichever is greater, of public floor space. Music machines (juke boxes) shall not be counted in the determination of the original two amusement machines or devices.
If the applicant intends to have more than six amusement machines or devices on the premises, then the following must accompany the application: diagram of the inside of the premises, which shall include the inside dimensions of the premises and the location of the amusement machines or devices.
The application for such license shall contain the following information:
Name and address of the applicant, age, date and place of birth.
Prior convictions of applicant, if any.
Place where machine or device is to be displayed or operated and the business conducted at that place.
Description of machine to be covered by the license, mechanical features, name of manufacturer, serial number.
No license shall be issued to any applicant unless he shall be over 21 years of age and a citizen of the United States.
Application for license shall be made out in duplicate, one copy being referred to the Chief of Police, who shall investigate the location wherein it is proposed to operate such machine, ascertaining if the applicant is a person of good moral character and either approve or disapprove the application. No license shall be issued unless approved by the Chief of Police.
[Amended by Ord. No. 239-70; Ord. No. 12-82; Ord. No. 1999-7]
Every applicant, before being granted a license, shall pay the following license fee per annum for the privilege of operating and maintaining for operation a coin-operated vending machine or amusement machine or device, as herein defined:
The licenses to be effective commencing May 1 in each year and expiring the following April 30. All renewal of license shall be made in the same manner as an original application.
In the event the entire net proceeds from any vending machine, as hereinabove set forth, is used for charitable purposes by any group and such use is set forth in detail upon the application, the Mayor and Council may waive the license fees required herein. Any group proposing such charitable use shall make available upon request of the Borough Clerk records supporting the charitable use for the entire net proceeds of the machine.
[Amended by Ord. No. 12-82]
The license or licenses herein provided for shall be posted permanently and conspicuously in or on the machine in the premises wherein the device is to be operated or maintained.
Not more than one machine shall be operated under any one license, such license may be transferred from one machine or device to another similar machine. In the event the license is in any way defaced or destroyed during the term of the licensing year, another license may be obtained from the Borough Clerk at a cost of $0.50.
When the business of a licensee is sold or transferred, the licenses of such distributor or exhibitor on its machines may be transferred to the buyer or transferee, after notice of the Borough Clerk of the sale or transfer and the furnishing of the information required under § 224-7 of this chapter hereof with respect to the buyer or transferee.
No amusement machine or device shall be located on a second floor or below ground level.
[Amended by Ord. No. 12-82]
No person holding a license under this chapter shall permit persons under 16 years of age to play or operate any mechanical amusement device except juke boxes, as defined herein.
[Amended by Ord. No. 12-82]
Every license issued under this chapter is subject to the right, which is hereby expressly reserved to revoke the same, should the licensee, directly or indirectly, permit the operation of any amusement machine contrary to the provisions of this chapter, the ordinances of the Borough or law of the state. The license may be revoked by the Borough Council after written notice to the licensee, which notice shall specify the ordinance or law violations with which the licensee is charged, if after a hearing, the licensee is found to be guilty of such violation. Ten days' notice of the hearing shall be given to the licensee. At such hearing, the licensee and his attorney may present and submit evidence or witnesses in his defense.
If the Chief of Police shall have reason to believe any mechanical amusement device is used as a gambling device, such machine may be seized by the police and impounded; and, if upon trial of the exhibitor or owner is found guilty, the machine shall be disposed of in accordance with N.J.S.A. 2C:64-1 et seq. and, if the exhibitor or owner is found not guilty, the machine shall be returned to the exhibitor or owner.
[Added by Ord. No. 3-61; amended by Ord. No. 26-62]
The following requirements shall be complied with by any person in connection with the establishment and operating of a coin-operated dry-cleaning establishment:
The applicant shall submit with the application required in § 224-7 of this chapter hereinabove, a floor plan showing the building outline and the location and description of each piece of equipment to be contained therein, which plan shall be approved by the Construction Official and the Health Officer.
A license shall not be issued unless the premises wherein the business is to be conducted has a concrete floor and no portion of the premises shall be occupied as a residence or dwelling unless and until the same has been inspected and approved in writing by the Health Officer, the Construction Official and the Fire Prevention Bureau of the Borough.
The boiler room construction and the location of the boiler must meet the requirements of the regulations of the Borough, and in addition thereto, the boiler must be inspected by the New Jersey Department of Labor, Boiler Inspection Division, or an authorized representative. The certificate of boiler inspection must be posted under glass within the boiler room.
A general ventilation fan shall be installed in the back room or maintenance area to be used in case of serious solvent leakage. This fan may be installed in the rear wall, and when combined with the system required by Subsection J of this section, shall enable the exhausting of a minimum of 1,000 cfm per machine.
The floor of the enclosure or machine base shall be so constructed as to hold a liquid volume equal to the maximum quantity of solvent which might possibly escape from the system. A drainage system shall be provided in the event of a leak and containment by a gravity flow with the solvent transferred to a stand by holding tank, which tank shall be vented to the outside.
The solvent used in the operation shall be stored in closed containers, and shall be transferred from the containers in a line free of leaks.
Filter residue and other residues containing solvent shall be disposed of so as not to create a health hazard or nuisance. A covered metal container shall be used for temporary storage outside of the building.
Respiratory protective equipment shall be provided for maintenance personnel and must be kept in good repair and available for immediate use.
A utility fire extinguisher of either the carbon dioxide or dry chemical type must be provided for use against electrical or oil fires.
Only the front or customer side of the dry-cleaning machine shall be exposed in the customer area. The working or maintenance portion of the equipment should be separated from the front of the machine by a solid partition. As a means of minimizing any solvent buildup in the customer area and also to control any minor solvent leakage, it is required that there be a minimum flow rate from the customer area through the partition as follows:
The exhaust ventilation as described above shall be provided on a continuous basis while the store is open for business. The fan wiring shall be such that the dry-cleaning equipment cannot be operated unless the fan system is in operation. Where grill openings are to be installed in the partition to facilitate air movement, they should be sized on the basis of 500 cfm per square foot of net grill area and should be placed as close to the machines as possible. Access doors to the maintenance area shall be kept locked.
The cleaning equipment must be provided with an exhaust system capable of maintaining a minimum of 100 feet per minute face velocity through the loading door whenever the door is open. The duct work connections from this system must be sealed (soldered or taped) and discharge tanks extended to a minimum height of five feet above the roof line.
An interlock system must be provided on the machine to prevent the loading door from being opened during the normal cycle. This system shall be either electrical and/or mechanical and so connected that in the event of a power failure, the loading door shall lock.
A step-by-step instruction list must be posted in a conspicuous location near the machine for customer use. A competent, trained operator must be present as long as the premises are open for business.
A solvent vapor-sensing device within the tumbler shall be required to control the drying cycle and to prevent the removal of solvent-laden garments.
The machine design must be such that essentially no solvent is retained in the cleaned items upon completion of the dry-cleaning cycle.
It is the responsibility of the proprietor to make certain that all clothing which cannot be properly cleaned and dried will not be placed in the machine.
The machine shall be checked daily and kept in good repair. All maintenance personnel should be familiar with necessary machine repairs and instructed as to the solvent hazards.
Solvent control is to be used that under normal operation and use conditions, no solvent odor can be detected in the customer area.
Only the solvent specified by the equipment manufacturer shall be used.
A supply of tempered (heated to 60° F. or 65° F.) makeup air equal to or greater than the total volume or air exhausted from the plant should be provided in order to eliminate any negative pressure conditions which might otherwise develop.
Solvent-contaminated air even in very low concentrations (five ppm to 20 ppm) shall be kept out of the air intakes of all combustion equipment so as to minimize the thermal decomposition of the solvent.
Exhaust ventilation stacks from dry-cleaning machines shall be located as far as possible from combustion air or drier air intakes.
The proprietor shall provide the Red Bank Health Department with detailed installation, operation and maintenance manuals from the manufacturer.
[Added by Ord. No. 5-61; amended by Ord. No. 18-84]
It shall be unlawful for any coin-operated laundry establishment or coin-operated dry-cleaning establishments to operate or be open for business between the hours of 10:00 p.m. and 6:00 a.m., prevailing time, except that machines which have started before 10:00 p.m. need not be stopped until the operation has been completed, but no machine shall be started for use at or after 10:00 p.m.