[HISTORY: Adopted by the Mayor and Council of the Borough
of Westville 4-14-1981 (Ch. 33 of the 1974 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any machine which may be operated by the public for entertainment
or amusement, whether the machine is coin-operated or not, and whether
or not it registers, scores or tallies. Examples of amusement games
are pinball machines, bowling machines, mechanical grab machines,
skee-ball machines, pokerino machines, commercial pool tables, jukeboxes,
video games and similar devices. This enumeration is intended to be
typical and shall not be construed as exclusive.
[1]Any person, firm or corporation.
No person shall maintain, operate or possess in any store, building
or other place wherein the public is invited or where the public may
enter or in any building or other place wherein any club or organization
meetings are held within the Borough of Westville any amusement game
without first obtaining a license therefor.
A.
The Borough Clerk shall cause to be prepared the necessary forms
of application for a license to maintain such amusement games, which
application shall state the name and address of the applicant; the
exact location for which the license is sought and where the amusement
game is to be installed; the kind or type, the serial number and description
of each amusement game for which the license is sought; and the name
and address of the person owning each amusement game. The applicant
shall state on the application form whether or not the applicant has
been convicted of a crime or violation of any federal, state or local
law. The applicant shall provide such other information as the governing
body shall deem necessary and proper.
B.
A separate application shall be required for each store, building
or other place wherein the public is invited or may enter and where
amusement games are maintained, operated or possessed.
C.
The license fee shall accompany each application filed, and if the
application is denied, the license fee shall be returned to the applicant.
[Amended 10-27-1986; 7-11-1989]
The proprietor of the premises where the amusement game is to
be installed shall be the applicant for the license herein required.
The application must be signed by the applicant. Upon receipt of the
application, the Borough Clerk shall refer the same to the Chief of
Police. The Chief of Police shall make an investigation of the premises
and of the applicant to determine the truth of the facts set forth
in the application. The Borough Clerk shall also refer the application
to the Fire Official, who shall inspect the premises to determine
whether said premises complies with the existing fire regulations
of the Borough of Westville. The Chief of Police and the Fire Official,
upon completion of the inspections, shall attach to said application
their reports thereon in writing. Upon receipt of said application
and inspection reports, the governing body of the Borough of Westville
shall proceed to consider the same and shall either approve or disapprove
the issuance of the license to said applicant. If the application
is approved, the governing body shall authorize the Borough Clerk
to issue the necessary license upon receipt of the license fee or
fees as herein provided.
[Added 4-10-1984]
Since there is no minimum age for entry into a licensed premises
and since the public policy of this state, as set forth in N.J.S.A.
2C:34-3, is to prohibit the display or distribution of materials considered
obscene, as defined by statute, therefore, the licensee shall prohibit
any amusement game or other such amusement device to be operated on
the premises, which game or device displays the subject matter or
material that would be defined pursuant to N.J.S.A. 2C:34-3 as "obscene
material," or the display of materials or matter depicting or constituting
an act of obscenity. Likewise, any person who shall use or permit
to be used this type of game or device in violation of this section
shall be guilty of a violation of this chapter and shall be penalized
therefor as provided herein.
Any time after the granting of said license, the governing body
may, in the exercise of its discretion, revoke the same for any willful
false statement in the application. Said license may be revoked in
the event that the licensee shall be convicted of any violation of
this chapter.
Nothing contained in this chapter shall prohibit the holder
of the license herein provided for from substituting an amusement
game at the location set forth in such license, provided that the
holder give written notice to the Borough Clerk setting forth the
description and serial number of the game removed and the description
and serial number of the game substituted therefor.
Every such license shall apply only to the person to whom it
was granted and for the premises stated in the application and on
the license and shall not be transferable unless the governing body
approves of such transfer in writing.
No person under the age of 14 years shall be permitted to play
or operate any amusement game, except that operation of jukeboxes
by persons under the age of 14 years is permitted.
A.
Curfew. No person holding a license under the provisions of this
chapter shall knowingly permit any minor under the age of 18 years,
unaccompanied or not within the custody and control of a parent or
guardian, to remain on the premises after 9:30 p.m., prevailing time,
unless said minor is waiting for a person over the age of 18 years
to transport that minor from the premises.
B.
Hours. The operation or playing of amusement games shall not be permitted
between the hours of 2:00 a.m. and 8:00 a.m., prevailing time.
A license granted pursuant to this chapter shall:
A.
Be posted in a conspicuous place at the location for which said license
was granted.
B.
Show the name and post office address of the licensee.
C.
State the manufacturer's serial number for each and every amusement
game for which said license was issued.
D.
State that only those amusement games enumerated on the face of the
license are licensed by the Borough of Westville.
Any person who shall use or permit to be used any of the amusement
games licensed hereunder for the purpose of gambling shall be guilty
of a violation of this chapter and penalized therefor as herein provided.
The governing body may, in its discretion, revoke the license or licenses
if the amusement game is used or permitted to be used for the purpose
of gambling.
A.
All licenses issued pursuant to the provisions of this chapter shall
expire at midnight on December 31 next succeeding the date of the
issuance thereof, and all persons, firms, associations, partnerships
or corporations desiring to continue in such business after the expiration
of any license granted hereunder shall make application before November
15 for a new license for the ensuing year and shall pay the application
and license fees in like manner and amount as for the review and issuance
of the original license.
B.
The governing body may withhold issuance or renewal of any license
for the violation of any of the terms of this chapter. However, no
issuance or renewal shall be withheld unless five days' notice
in writing is given the licensee and a hearing of the charges presented.
Any persons who own or lease amusement games covered by this
chapter and who are nonprofit, charitable or religious organizations
or similar other organizations are exempted from the requirements
of obtaining a license or licenses upon said amusement games.
The purpose of this chapter is to license those amusement games
which are operated in a commercial venture for the purpose of making
a profit and for their regulation and control.
Every firm or corporation violating any provision of this chapter or who fails to comply therewith shall severally for each and every violation and noncompliance pay a penalty as set forth in Chapter 1, Article I, § 1-15, General penalty. Each day a violation exists under this chapter shall constitute a separate offense under this chapter. The application of the above penalty shall not be held to prevent any proceeding for suspension or revocation of licenses.
