[Adopted 1-7-1997 as § 8-13 of the 1996 Revised General Ordinances,
as last amended by Ord. No. 2001-11]
This article is intended to promote and protect the public health,
safety, morals and general welfare and is passed in furtherance of
the specific objective to properly establish, regulate and control
mechanical amusement devices within the City and, in so doing, to
protect the established character and the social and economic well-being
of both private and public property; and to promote, in the public
interest, the proper regulation of mechanical amusement devices. The
purpose of this article is to license, regulate and control those
mechanical amusement devices which are operated for the purpose of
making a profit.
For the purpose of this article, the following words and phrases
when used herein shall be deemed to have the following meanings, except
as the context may otherwise require:
AMUSEMENT PARLOR OR ARCADE
Any place wherein four or more coin-operated mechanical amusement
devices are maintained for use and operation by the public.
APPLICANT
An individual applicant, a corporate applicant, any of its
officers, directors or stockholders; or a partnership applicant, any
of its partners or agents, representatives, attorney or manager.
DIRECTOR
The Director of the Department of Public Safety of the City
of Union City, County of Hudson, State of New Jersey.
DISTRIBUTOR
Any person who supplies any mechanical amusement device to
another for use in a premises, whether under lease, sale or any other
arrangement.
GAMING or GAMBLING
The staking or risking of something of value upon the outcome
of a contest of chance or a future contingent event not under the
actor's control or influence, upon an agreement or understanding
that (s)he will receive something of value in the event of a certain
outcome.
LICENSE
The license issued to a licensee pursuant to this article.
LICENSED PREMISES
The premises, or portion thereof, where a licensed mechanical
amusement device is to be operated, used or maintained.
LICENSEE
The individual or entity obtaining a license pursuant to
this article.
MECHANICAL AMUSEMENT DEVICE
The type of machine, electronic game or contrivance, including
but not limited to bagatelle, baseball, hockey, football, pool table,
gun, shuffle alley, bowling, pinball or pin amusement game, video
game, arcade game, computer game, mechanical grab machines, marble
machines, Skee Ball, or devices similar to the foregoing, which, upon
the insertion of a coin, paper money, slug or token in any slot or
receptacle attached to such machine or device, or connected therewith,
or which by remote control, mechanical or manual means, with or without
payment of a fee, operates or which may be operated for use as a game,
contest or amusement in a public or quasi-public place, or in the
building, store or other place which is open to the public, which
provides neither prizes nor the return of any money. It shall include
coin-operated video machines or games 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 article apply to, music-playing devices.
No person shall maintain, operate or possess in any store, building
or other place which is open to the public, or in any building or
other place wherein any club or organization meetings are held within
the City, any mechanical amusement device without first obtaining
a license therefor.
No license shall be granted for any mechanical amusement device
which is to be used for the purpose of gambling. For the purpose of
this article, a mechanical amusement device, the operation of which
is based in any part on random chance or the random assignment of
numbers and the operation of which does not require more than minimal
skill of hand-eye coordination shall be presumed to be intended to
be utilized for gambling purposes. By way of clarification but not
limitation, mechanical amusement devices used for the purpose of gambling
shall be deemed to include, but not be limited to, the following:
A. Mechanical amusement devices known as Joker Poker, or any similar
mechanical amusement devices displaying playing cards; keno, or any
similar mechanical amusement devices displaying a number board where
numbers are designated by random; horse racing; roulette; dice; Lucky
Lines; Cherry Master or any similar mechanical amusement device styled
after a slot machine with a rolling display or circular wheel on which
are depicted symbols; lotto or lottery-type machines.
B. Any mechanical amusement device which does not have an operable slot
or receptacle for the insertion of coin or paper money. This section
shall not be deemed to prohibit devices provided at no charge by restaurants
or retail establishments for the amusement of their patrons.
C. Any mechanical amusement device with buttons or controls labeled
"double up" or "bet" or buttons or controls performing such function
regardless of label.
D. Any mechanical amusement device which can be controlled or operated
from a remote location by other than the individual operator or player.
E. Any mechanical amusement device readily capable of being converted by the internal technology of the mechanical amusement device to machines such as set forth in Subsection
A above, including, but not limited to, "dual screen" machines.
Any license granted pursuant to this article shall:
A. Be posted in a conspicuous place at the location for which the license
was granted.
B. State the name and address of the licensee.
C. State the manufacturer, model number and serial number for each mechanical
amusement game for which the license was issued.
Each license shall entitle the licensee to conduct the licensed
business only at the location designated in the license and shall
not be transferable from person to person nor from place to place.
It shall be maintained only at the place and by the person designated
in the license. Any licensee wishing to transfer such license shall
make application to the Licensing Department in the same manner as
application for an original license.
All mechanical amusement devices licensed by the City must be
available at all times during licensure for internal inspection by
the licensing clerk or the police. No mechanical amusement device
shall be fastened, locked or secured in such a fashion that the licensee
or person in charge of the licensed premises cannot immediately provide
access to the internal components of such machine upon request.
The hours of operation for any arcade licensed under this article
shall be between 9:00 a.m. and 11:00 p.m., except Friday and Saturday
evenings of each week. On Friday and Saturday evenings, the licensed
premises may remain open until 12:00 midnight. Children under the
age of 16 years shall be forbidden by the licensee, his/her agents,
servants or employees to play any mechanical amusement devices or
other arcade games between 9:00 a.m. and 3:30 p.m. when public or
parochial schools are in session.
No premises licensed as an arcade under the terms of this article
shall be in operation unless there is in force a public liability
insurance policy to cover any injuries suffered as a result of the
operation of the licensed premises. Liability insurance shall be in
the amount of not less than $100,000 for any one occurrence and not
less than $50,000 for injury to any one person. If any such policy
is canceled during the license year, immediate notification of same
must be given to the City by the licensee.
A license may be suspended, revoked or not renewed by the Board
of Commissioners for violation of any of the terms and provisions
of this article or for any other just and good cause, provided that
the licensee is served with notice of charges and given an opportunity
to be heard. Good cause shall include:
A. Gambling on the premises.
B. False or incorrect material on the application or information furnished
by the applicant.
C. Failure to maintain good and safe conduct on the premises.
D. Violation of the laws of the State of New Jersey, federal law or
of this article or any other ordinances of the City pertaining to
the operation of the licensed premises.
E. The presence of the machines resulting in gambling, obscene and loud
language, disturbing the public or to the other patrons of the premises,
creation of a nuisance, excess noise, litter, traffic or rowdyism
by the patron.
F. A disorderly persons offense against the licensee related to gambling,
including, but not limited to, violations of N.J.S.A. 2C:37-1 et seq.
G. Any cause which would have been cause for a rejection of the application
in the first instance.