[Ord. No. 6-87, § 1]
As used in this Article:
Any machine or device of which, upon the insertion of a coin
or token, 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 pinball machines, skill ball, mechanical
grab machines, electronic or video game machines and any other game,
machine or device similar thereto under whatever name they may be
indicated.
Any person, firm, association, partnership or corporation
in whose place of business any mechanical amusement device is placed
or kept for operation by the public.
[Ord. No. 6-87, § 1]
No person, firm, association, partnership or corporation shall
locate, maintain, operate and/or make available to the public for
operation any mechanical amusement device in any store, building or
other place where the public may enter, without first obtaining a
license therefor.
[Ord. No. 6-87, § 1]
An application for a license shall be filed with the Borough
Clerk of the Borough of Morris Plains on forms to be furnished by
the Zoning Officer, which shall contain the following:
(a)
The name and address of the applicant.
(1)
In the case of a partnership, the names and addresses of all partners.
(2)
In the case of a corporation, the names and addresses of any officers
or directors of said corporation holding ten percent (10%) or more
of the corporation's outstanding stock.
(3)
In the case of a club or association, the names and addresses of
all officers.
(4)
The name, address and age of any person eighteen (18) years or older
who shall be responsible for the supervision and monitoring of the
use of any amusement to be licensed under this Article.
(b)
The name under which the place of business is being operated and
the location of the premises to be licensed, including tax lot and
block and address.
(c)
A statement as to whether the applicant or any person connected,
by way of employment, with the operation of the establishment wherein
the game or device is to be installed has ever been convicted of or
pleaded guilty to:
(d)
The number and type of alcoholic beverage licenses, where applicable.
(e)
The number and type of mechanical amusement devices sought to be
licensed, including, for each device, the name of the manufacturer,
model number and serial number.
(f)
The primary use of the premises within which the mechanical amusement
devices are to be operated, used or maintained.
(g)
A sketch at a scale of one (1) inch equals ten (10) feet showing
the size of the premises; entrances and exits thereto; the physical
location of proposed amusement device(s) in relation to other activities
conducted on the premises; and the location, size and text of all
signs required by this Article.
(h)
Any other information which the Mayor and Borough Council or their
assigns may deem necessary and proper for the full protection of the
public.
[Ord. No. 6-87, § 1]
(a)
A nonrefundable application fee for each application for license
pursuant to this Article shall be two hundred fifty dollars ($250.),
in addition to all licensing fees, payable to the Borough Clerk.
(b)
The license fee for each mechanical amusement device shall be as
follows; provided, however, that the Borough may waive the following
fees for charitable, philanthropic, fraternal and religious nonprofit
organizations holding a tax-exempt status under the Federal Internal
Revenue Code pursuant to N.J.S.A. 40:55D-8:
[Ord. No. 6-87, § 1]
Upon receipt of an application for a license under this Article,
the Borough Clerk shall forward copies thereof to the Chief of Police,
Construction Official, Fire Subcode Official, Fire Official and Zoning
Officer. The Chief of Police or his designee shall make an investigation
of the proposed licensed premises and of the applicant to determine
the truth of the facts set forth in the application. The Construction
Official, the Fire Subcode Official and the Fire Official or their
designees shall inspect the proposed licensed premises to determine
whether it complies with existing Borough regulations and codes within
their respective jurisdictions. The Zoning Officer shall inspect said
premises to determine whether it is in compliance with the Land Development
Ordinance of Morris Plains and any applicable codes. Upon completion
of their investigation and/or inspection, the Chief of Police, the
Construction Official, the Fire Subcode Official, the Fire Official
and the Zoning Officer shall attach to the application their reports
thereon in writing.
[Ord. No. 6-87, § 1]
(a)
Upon receipt of the application and inspection reports set forth
in the above section, the Zoning Officer shall determine whether or
not the applicant has complied with all terms and conditions of this
Article and, if so, shall approve the application and issue the necessary
license, at which time the applicant shall pay the license fee or
fees as provided herein to the Borough Clerk. The action by the Zoning
Officer in approving or disapproving said application shall be taken
within forty-five (45) days from the date said application is filed.
Failure to take such action within the time specified shall constitute
an approval of said application.
(b)
If the application is disapproved, the applicant shall be notified,
in writing, of the disapproval and the reasons therefor. The applicant,
upon being advised of a disapproval of his application, may appeal
the decision of the Zoning Officer to the Mayor and Borough Council.
Such appeal shall be taken within twenty (20) days by filing a notice
of appeal with the Zoning Officer, who shall immediately transmit
to the Board all the papers constituting the record upon which the
action appealed from was taken. The Mayor and Borough Council shall,
after a hearing on the matter, render a decision not later than thirty
(30) days after the date the appeal is taken from the decision of
the Zoning Officer. Failure of the Mayor and Borough Council to render
a decision within the time specified or within such further time as
may be consented to by the applicant, shall constitute a decision
favorable to the applicant.
[Ord. No. 6-87, § 1]
(a)
No license issued under this Article shall be assigned or transferred
to any other person, firm, association, partnership or corporation,
or transferred from one location to another.
(b)
A license may be transferred from one mechanical amusement device
to another by giving to the Borough Clerk notice of the proposed transfer,
a description of the new mechanical amusement device, including manufacturer,
model number and serial number, provided that all other provisions
of this Article are complied with.
[Ord. No. 6-87, § 1; No. 12-90, § 5]
(a)
Mechanical amusement devices are only permitted as accessory uses
to the primary uses permitted in the B-1, B-2, B-3 and C-1 Zones.
However, this Article shall not apply to jukeboxes or similar music-playing
devices or to the keeping of any mechanical amusement device in a
private residence.
(b)
Location within building. Each device shall be located interior to
a building and shall not be located so as to obstruct or interfere
with the free and unfettered passage of patrons or users of the premises.
No device shall be located within five (5) feet of any point of egress
of said premises.
(c)
Adequate space shall be provided for each device so as to allow its
use without overcrowding. A minimum width of two (2) feet shall be
provided per device where the device is designed for use by one (1)
player, and three and one-half (3 1/2) feet where the device
is designed for use by two (2) players. There shall be a minimum of
two (2) feet between all devices. The depth of the space in front
of the device shall be at least five (5) feet, and there shall be
a minimum aisle width beyond this five (5) feet of an additional three
feet. All applicable code requirements shall also be complied with.
(d)
Floor area devoted to mechanical amusement devices shall not exceed
ten percent (10%) of the square foot floor area devoted to the principal
use of the premises which is open to the public; provided, however,
that all other requirements set forth herein are met.
(e)
Mechanical amusement devices may only be used or operated during
the hours of operation of the premises in which located, provided
that the operator or an employee of this operator is present in the
premises, who can easily see and supervise the use or operation of
said devices.
(f)
Readily visible signs shall be installed, indicating that the use
of such devices by persons under sixteen (16) years of age shall not
be permitted at any time during which the local public schools are
in session, unless such person is accompanied by a parent or legal
guardian. Where the premises are used primarily for the serving or
consumption of alcoholic beverages, visible signs shall indicate that
the use of amusement devices by persons under the legal drinking age
is prohibited at all times.
(g)
No licensee shall permit any mechanical amusement device to be used
for gambling purposes.
(h)
Each device shall be located where it is clearly visible in the interior
of the premises within which it is located.
(i)
Posting. Any license granted pursuant to this Article shall:
[Ord. No. 6-87, § 1]
[Ord. No. 6-87, § 1]
Any person, firm, association, partnership or corporation violating
any provision of this Article shall, upon conviction thereof, be subject
to a fine of not more than five hundred dollars ($500.) or imprisonment
for a term of not more than ninety (90) days, or both. Each day that
a violation occurs or is committed shall constitute a separate offense.
