[HISTORY: Adopted by the Mayor and Council of the Borough of Edgewater 5-7-1935 by Ord. No. 259; readopted 8-1-1967 by Ord. No. 476 (Ch. 114 of the 1975 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Penalties — See Ch. 1, Art. II.
Alcoholic beverages — See Ch. 121.
Curfew — See Ch. 174.
Noise — See Ch. 271.
[Amended 12-15-1981 by Ord. No. 710-81]
As used in this chapter, the following terms shall have the meanings indicated:
AMUSEMENT GAME
Any video game or similar machine operated by coin, disc, token, key or similar device.[1]
AUTOMATIC AMUSEMENT DEVICE
Any machine which, upon the insertion of a coin, slug, token, plate or disc, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score, including but not limited to such devices as marble machines, pinball machines, skill ball, mechanical grab machines and all games, operations or transactions similar thereto under whatever name they may be indicated. It shall include video-type games or machines or similar devices that use a display screen for points, lines and dots of light that can be manipulated to simulate games or other types of entertainment. It shall not include, nor shall this chapter apply to, music-playing devices and pool and billiard tables.
DISTRIBUTOR
Any person who supplies any automatic amusement device to another for use in his place of business, whether under lease or any similar arrangement.
OPERATOR
Any person in whose place of business any automatic amusement device is placed or kept for operation by the public.
PERSON
Any individual, firm, member of firm, partnership, member of partnership, corporation or any officer, director or stockholder of said corporation.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 9-3-1975 by Ord. No. 581-75; 12-15-1981 by Ord. No. 710-81]
A. 
License required. No person shall maintain, operate or possess in any store, building or other place where the public may enter or in any building or other place wherein any club or organization meetings are held within the Borough of Edgewater any automatic amusement device without first obtaining a license therefor.
B. 
Exceptions. Any persons who own or lease automatic amusement games covered by this chapter and who are nonprofit, charitable or religious organizations are exempted from the fee and payment requirements of obtaining a license or licenses upon said amusement games, but such organizations shall remain subject to all other provisions of this chapter.
C. 
The purpose of this chapter is to license, regulate and control those automatic amusement devices which are operated in a commercial venture for the purpose of making a profit.
[Amended 9-3-1975 by Ord. No. 581-75; 12-15-1981 by Ord. No. 710-81]
A. 
All licenses for the installation, operation and maintenance of such amusement devices, games or machines shall be issued to, and in the name of, the owner of said machine for a term of one year, commencing on January 1 and expiring on December 31 of the year of issuance.
B. 
The license shall be affixed in a conspicuous place to the machine covered thereby and shall disclose on its face the manufacturer's serial number, the name and the post office address of the licensee and the amount of money required to operate said machine or device and shall briefly state that the machine or device to which the same is affixed is licensed for operation by the Borough of Edgewater.
C. 
The fee for all applications for licenses pursuant to this chapter shall be $25, in addition to all licensing and transfer fees.
D. 
The fee for a license to operate an automatic amusement device shall be $200 for the first such device at such location and $20 for each additional device at such location.
[Amended 5-17-1999 by Ord. No. 1160-99]
[Added 2-17-1982 by Ord. No. 716-82]
A. 
The fee for all applications for licenses for the operation of a jukebox or billiard table shall be limited to $25 for each such device on a particular premises and $125 for each additional device on the same premises, and no other municipal fees shall be charged to operate such devices.
B. 
The provisions of Chapter 125 dealing with automatic amusement devices shall apply to jukeboxes and billiard tables only where the premises contains more than one such device or one such device together with one or more automatic amusement devices; provided, however, that in all cases, the operator shall be required to file an application for each machine with the Borough Clerk as set forth in § 125-5 of Chapter 125.
[Amended 12-15-1981 by Ord. No. 710-81]
A. 
All applications for a license under this chapter shall be made and delivered to the Borough Clerk in duplicate 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 of business is being operated and the location of the same.
(3) 
Number and type of alcoholic beverage licenses, where applicable.
(4) 
Number and type of machines sought to be licensed.
(5) 
Location where each automatic amusement game is to be located.
(6) 
Name and address of the person from whom each device is to be purchased, rented or otherwise obtained.
(7) 
Description of each automatic amusement game sought to be licensed, including for each device the name of the manufacturer, model number and serial number.
(8) 
Terms of agreement governing the acquisition and installation of said automatic amusement game.
(9) 
Information indicating whether the distributor, the applicant or any person connected with the operation of the place of business 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 Mayor and Council may deem reasonably necessary and proper for the full protection of the interest of the public in the application.
C. 
The Mayor and Council may request of an applicant additional information supplementing the information given in the application.
D. 
The license application fee shall be deposited with the Borough Clerk when the application is filed, and if the application is denied the fee shall be returned. The fee for the license shall be due and payable at the time the license to operate the automatic amusement device is issued.
[Amended 12-15-1981 by Ord. No. 710-81]
A. 
A license may be transferred from one machine to another by giving notice to the Borough Clerk to that effect and giving a description of the new machine, including manufacturer, model number and serial number. A license may be transferred from one place to another by giving notice to the Borough Clerk to that effect and submitting the required information as to the new premises. A transfer of a license from one place to another shall be subject to the approval of the Mayor and Council. There shall be a fee for all transfers from one place to another in the amount of $25 per place of transfer.
B. 
A license shall be renewed by submission to the Borough Clerk, no later than November 1, of an application therefor, pursuant to §§ 125-5 and 125-6.
[Added 12-15-1981 by Ord. No. 710-81]
A. 
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 unfettered passage of patrons or users of the premises.
B. 
Each device shall have an unobstructed perimeter zone or distance of five feet, not overlapping, between each machine, around three linear borders of said device, wherein the users of said device may use, watch or wait to use said device.
C. 
An automatic amusement device may only be used or operated during the hours of operation of the premises in which located.
D. 
Any premises in which is located an automatic amusement device shall provide two off-street parking spaces for each machine located in such premises.
E. 
The provisions of this section shall not apply to any premises wherein is licensed an automatic amusement device on November 24, 1981.
[Added 12-15-1981 by Ord. No. 710-81]
No person shall, in his place of business, permit gambling in connection with the playing of any mechanical amusement game.
[Amended 9-3-1975 by Ord. No. 581-75]
Licenses issued under this chapter may be suspended or revoked by the Mayor after a written notice for any of the following causes:
A. 
Misrepresentation or false statement contained in the application.
B. 
Misrepresentation or false statement made in the course of carrying on activities regulated herein.
C. 
Conviction of any crime or misdemeanor involving moral turpitude.
D. 
Conducting the licensed business in an unlawful manner, in violation of this chapter or in such a manner as to cause a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
[Added 9-3-1975 by Ord. No. 581-75]
Any person whose license has been suspended or revoked may have the right of appeal to the Mayor and Council by requesting a hearing, in writing to the Borough Clerk within 10 days of the revocation. The Mayor and Council shall, within 10 days after receipt of the request, hold a hearing, and at the conclusion of which it shall affirm or order the Mayor to set aside the suspended or revoked license and reinstate the same. The decision of the Mayor and Council on such appeal shall be final and conclusive.
No game or machine coming within the purview of this chapter shall be installed, operated or maintained within 200 feet of any school.[1]
[1]
Editor's Note: Former § 114-9, Age restrictions on use of machines, which immediately followed this section, was repealed 10-5-1982 by Ord. No. 733-82.
No more than five machines or devices of the type or types herein mentioned shall be permitted to be used or operated in any one place, location or premises.
[Amended 9-3-1975 by Ord. No. 581-75; 6-15-1976 by Ord. No. 594-76]
A. 
Any person, corporation or other entity who shall own, have a direct or indirect financial interest in, operate or permit the operation of any machine or device without a license, as required by this chapter, on premises either owned or leased by him or in which he has a proprietary or leasehold interest, shall be deemed to be guilty of a violation and punishable therefor, as provided by Chapter 1, Article II, General Penalty.
B. 
Any person, corporation or other entity who shall own or have a direct or indirect financial interest in any of the machines or devices licensed hereunder for the purpose of gambling shall be deemed to be guilty of a violation and punishable therefor as provided by Chapter 1, Article II, General Penalty the Penalties chapter of this Code.[1]
[1]
Editor's Note: Former § 114-12, Purpose of regulations, as amended 9-3-1975 by Ord. No. 581-75, which immediately followed this subsection, was repealed 11-14-1994 by Ord. No. 1036-94.