As used in this article, the following terms shall have the
meanings indicated:
AMUSEMENT DEVICE
Any pinball, bagatelle, baseball and pin amusement machine
or similar machine or device or any mechanical device or contrivance
which, by means of the insertion of a coin, token, slug, disk or other
attachment connected with or forming a part of any such devices or
contrivances, effects the operation thereof for use as a game, contest
or amusement, or which may be so used.
PERSON
Any individual, firm, member of firm, partnership, member
of partnership, corporation or any officer, director or stockholder
of a corporation.
PLACE
Any public or quasi-public place, building, store or place
where the public may enter.
No person who is the owner, occupant or licensee of any place
in the City shall place, maintain, operate or use, or permit to be
placed, maintained, operated or used, any amusement device in such
place, without first having received a license so to do, which license
shall be designated as a "retail license." If the person owns the
machine or device, he shall obtain, in addition to a retail license,
an owner and operator's license, as designated herein. Each retail
license shall cover one amusement device.
No amusement device shall be placed, operated, maintained or
used until the license or licenses, when issued, shall be affixed
thereto in a conspicuous place so that the license may be easily and
quickly identified. The license shall, on its face, disclose the manufacturer's
serial number, the name and post office address of the licensee and
the amount of money required to operate the amusement devise, and
shall briefly state the operation of the amusement device to which
the license is affixed, and the license shall be attached in a conspicuous
place on the specified amusement device licensed.
No minor under the age of 16 years shall be allowed to play,
operate or make use of any amusement device.
All amusement devices licensed under the authority of this article
shall be subject to inspection by the Director of Public Safety and
by the Police Department, and the licenses shall afford such Director
and Police Department free entry to and upon the premises where the
devices are located and free access to such devices for inspection
purposes. In case a device is taken out of the premises for repairs
or otherwise, the license must be taken off the machine and kept on
the premises for which the license was issued.
The Director of the Department of Public Safety shall have the power to conduct a hearing for good and sufficient cause as to why a license issued under the provisions of §§
74-1 to 74-12 should not be revoked. The Director of the Department of Public Safety shall give five days' notice, in writing, to the licensee of the time and place of the hearing and the nature of the complaint and shall afford the licensee an opportunity to be heard at the hearing. The Director of the Department of Public Safety shall report to the Council his findings and any recommendation he may have relative to the continuance, suspension or revocation of a license issued under the aforesaid sections.
[Amended 11-4-1987 by Ord. No. V-140]
A. Any person other than a corporation violating any provision of this
article shall, upon conviction thereof before the Municipal Court,
be subject to a fine in any sum not exceeding $1,000 or to imprisonment
for a period not exceeding 90 days, or both.
B. Any corporation violating any provision of this chapter shall, upon
conviction thereof, be subject to a fine not exceeding $1,000, the
amount of such fine, within the limits aforesaid, to be determined
in the discretion of the Municipal Judge.
[Adopted 3-18-1998 by Ord. No. R-299]
In view of the indiscriminate sales of cigarettes to minors by automatic vending machines, all cigarette vending machines are hereby prohibited in the City of Hoboken, except as otherwise provided in §
74-18 of this article.
Notwithstanding the prohibition against cigarette vending machines specified in §
74-17 of this article, a cigarette vending machine is not prohibited under this article if such machine is manufactured, is mechanically altered, or is otherwise set up in such a manner as to render the machine incapable of dispensing cigarettes without some affirmative action by an employee or owner of the establishment in which said machine is located, which action shall be necessary to enable the machine to dispense cigarettes to one customer, but shall not enable the machine to dispense cigarettes to subsequent customers without the repetition of said action by the employee or owner prior to the use of the machine by each such customer.
Any person owning, operating, renting, or permitting the use
of a cigarette vending machine on the premises under his or her control
shall be subject to a fine of $250. Each day on which such a machine
is owned, operated, rented, or permitted on the premises shall result
in an additional fine.