[HISTORY: Adopted by the Mayor and Council of the Borough
of Clayton 6-23-1960. Amendments
noted where applicable.]
GENERAL REFERENCES
Bingo and raffles — See Ch. 39.
No person, firm or corporation shall maintain, operate or possess
in any store, building or other place wherein the public is invited
or where the public may enter, or any building or other place wherein
any club or organization meetings are held, within the Borough of
Clayton, any amusement game or games, or machines of the type commonly
known as "bagatelle," "ballyhoo" or "pinball machines," without first
obtaining a license therefor. The maintenance, operation or possession
of the type of machine or amusement game known as a "multiple-coin
pinball machine" is prohibited.
[Amended 5-10-1979 by Ord. No. 79-4]
The annual license fee for such amusement game or machine shall
be $50 payable in advance for the calendar year in which it is issued.
The Borough Clerk shall cause to be prepared the necessary forms
of application for license to maintain such games or machines, which
application shall state the name and address of the applicant, the
exact location where the game or machine is to be installed, and the
kind of game or machine, and shall state whether or not the applicant
has been convicted of a crime or violation of any federal, state or
local laws and such other information as the Borough Council shall
deem necessary and proper. A separate application shall be required
for each game or machine. The license fee shall accompany each application
filed, and, if the application is denied, the fee shall be returned
to the applicant.
The proprietor of the premises where the game or machine 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 and the Chief of the Fire Department, who shall make or cause
to be made an inspection of the premises described in the application.
The Chief of Police and the Chief of the Fire Department, upon completion
of their inspection, shall attach to said application their reports
thereon, in writing, which shall also state their approval or disapproval
and the reasons therefor. Upon receipt of said application and inspection
reports, the Borough Council of the Borough of Clayton shall either
approve or disapprove the issuance of the license to said applicant.
If the application is approved, the Borough Council shall authorize
the Borough Clerk to issue the necessary license upon receipt of the
license fee or fees as herein provided.
At any time after the granting of said license the Borough Council
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 games and machines mentioned in § 36-1 from substituting a game or machine at the location set forth in such license.
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 Borough Council
approves of such transfer in writing.
No person under the age of 16 years shall be permitted to play
or operate any of said bagatelle, ballyhoo or pinball amusement games
or machines.
The operation or playing of all types of games or machines mentioned
herein shall not be permitted between the hours of 12:00 midnight
and 8:00 a.m.
No more than three games, 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.
Said license, when granted, shall be affixed in a conspicuous
place on the premises and shall show the name and post office address
of the licensee and the amount required to operate said games or machines
and shall state that the games or machines for which the same is issued
are licensed by the Borough of Clayton.
Any person, firm or corporation who or which shall use or permit
to be used any of the games or machines licensed hereunder for the
purpose of gambling shall be guilty of a violation of this chapter
and penalized therefor as herein provided. The Borough Council may
in its discretion revoke the license or licenses if the game or machine
is used or permitted to be used for the purpose of gambling.
This chapter is enacted for the purpose of raising revenue and
for the regulation and control of amusement games and machines known
and designated as bagatelle, ballyhoo or pinball games.
This chapter shall not be construed to affect or apply to the
maintenance or operation of any such games or machines by a firm or
corporation organized under the laws of the State of New Jersey as
a nonprofit association.
