[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.]
[Amended 12-15-1981 by Ord. No. 710-81]
As used in this chapter, the following terms shall have the
meanings indicated:
Any video game or similar machine operated by coin, disc,
token, key or similar device.[1]
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.
Any person who supplies any automatic amusement device to
another for use in his place of business, whether under lease or any
similar arrangement.
Any person in whose place of business any automatic amusement
device is placed or kept for operation by the public.
Any individual, firm, member of firm, partnership, member
of partnership, corporation or any officer, director or stockholder
of said corporation.
[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.
[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.
