[HISTORY: Adopted by the Borough Council of the Borough of
Lincoln Park 11-12-1991 by Ord.
No. 1,032 as Ch. 68 of the 1991 Code. Amendments
noted where applicable.]
It shall be unlawful for any person to carry on, conduct or
maintain the business of a pool room, dance hall, theater, show house,
circus, street fair, carnival or other place of amusement within the
Borough without first obtaining a license from the Borough Council
for such purpose as provided in this article.
Anyone desiring a license under this article shall make application,
in writing, directed to the Borough Council, stating full name, residence,
post office address and the purpose for which the license is desired,
which application may, in the discretion of the Borough Council, be
granted and a license issued. Such application shall be accompanied
by the license fee required in this article.
No license or temporary permit under this article shall be issued
by the Clerk of the Borough until the same shall have been granted
or authorized at a meeting of the Borough Council.
All licenses issued under this article shall expire on the 31st
of December in each year.
The Borough Clerk shall keep a record of all licenses issued
by him, showing the date of each license, the name and address of
the applicant and the amount of the license fee paid.
Every person receiving a license under this article shall have
the license in his possession at the licensed premises at all times
and exhibit it whenever called upon to do so.
[Amended 10-19-1998 by Ord. No. 1,220, effective 11-8-1998; 6-16-2008 by Ord. No.
12-08, effective 7-6-2008]
Any license issued under this article may, in the discretion
of the Borough Council, be revoked for violation of the provisions
of this Code or other Borough ordinances enacted to preserve the public
peace and good order or for other purposes or the licensee's conviction
for such violation.
As used in this article and in connection with all proceedings
arising out of the provisions hereof, the following terms shall be
deemed to have the meanings set forth herein:
Any coin-operated machine or device which, whether mechanical,
electrical or electronic, shall be ready for play by the insertion
of a coin and may be operated by the public for use as a game, entertainment
or amusement, the object of which is to achieve either a high or low
score, which, by comparison to the score of the players, whether playing
concurrently or not, demonstrates relative skill or competence or
indicating in any other way competitive advantage of one player or
team over another, regardless of skill competence. It shall include
devices such as marble machines, skill ball, pinball, mechanical grab
machines, the machines or contrivances commonly known as "Bagatelle,"
baseball, hockey, football, pool table, target shooting, shuffleboard
or shuffle alley, bowling or any similar-named device or any device
which utilizes an electron (television) tube to reproduce symbolic
figures and lines intended to be representative of real games or activities,
but specifically excluded shall be any device, whether operated by
coin or not, which merely provides a ride, sensation, electronic reading
or weight for use by and to the amusement of the public.
Any person who supplies any coin-operated amusement machine
or device to another for use in his premises, whether under lease
or any similar arrangement.[1]
Any person in whose premises any coin-operated amusement
machine or device is placed or kept for operation. In the case of
operators other than individuals, the individual who signs the application
shall be deemed responsible for compliance with the provisions of
this article.[2]
Any person, firm, corporation, partnership or association.
The purpose of this article is to impose a license fee upon
operators of coin-operated amusement machines and devices and to provide
for the control and regulation thereof.
Nothing in this article shall be construed to authorize, license
or permit any gambling device or any mechanism that has been judicially
determined to be a gambling device or any coin-operated amusement
device that dispenses payoff, prize or reward.
No operator shall display, place, maintain or keep for operation
any coin-operated amusement machine on or within any public or quasi-public
place or in any building, store or other place wherein the public
is invited or wherein the public may enter within the Borough of Lincoln
Park without having first obtained for each such machine a license
issued by the Borough Clerk as provided in this article.
A coin-operated amusement machine application, sworn to by the
operator, shall be filed, in duplicate, with the Borough Clerk upon
such forms supplied and approved by the Borough Council, containing
the following information:
A.
The name and address of the operator. If the operator is an individual,
his age, date and place of birth. If the operator is a firm, partnership
or association, the names, addresses, ages and places of birth of
all members of such firm, partnership or association. If the operator
is a corporation, the name and address of the registered agent and
the names, addresses, ages and places of birth of all the stockholders
of said corporation.
B.
Prior criminal conviction of the operator, if any. The term "operator," as used in this subsection, shall mean and include all persons whose names, addresses, ages and places of birth must be furnished under Subsection A.
C.
The place where the machine or device is to be displayed and the
business conducted at that place.
D.
A description of the machine to be covered by the license, the mechanical
features, the name of the manufacturer, the serial number and the
name and address of the owner of the machine.
E.
The make and model of each machine or device to be operated by the
operator and the name of the person or firm from which it was purchased.
F.
A floor plan reflecting the total square footage of available floor
space in the location where the machines are to be maintained. Said
floor plan shall also reflect the location of each machine, with the
aisle and exit corridors clearly shown.
G.
The number of machines to be maintained at each location and the
dimensions of each machine.
The Chief of Police or his designee shall make an investigation
of the premises and the applicant to determine the truth of the facts
set forth in the application. The Construction Code Official and Fire
Protection Subcode Official shall also inspect the premises to determine
whether it complies with existing regulations. Upon completion of
their investigations, they shall attach to the subsequent application
their written reports.
A.
Upon receipt of the application and inspection reports, the Council
shall proceed to consider the same and shall either approve or disapprove
the issuance of the license. If the application is approved, the Borough
Clerk shall issue a license for each coin-operated amusement machine
in the name of the person who shall be responsible and the premises
where the same is to be operated, used or maintained.[1]
B.
The license shall be affixed to a conspicuous part of the machine
licensed so that the machine described in said license may be easily
and quickly identified.
C.
The license issued hereunder shall not be in substitution of or eliminate
the necessity for securing all other required approvals, licenses
or certificates of occupancy or compliance as may be appropriate under
the zoning, planning, building, fire prevention or other ordinances
or codes of the Borough or any applicable statutes or regulations
of the State of New Jersey which may appertain to the premises, use,
structures, employment or any other aspect of the applicant's activities.
[Amended 10-19-1998 by Ord. No. 1,220, effective 11-8-1998]
A.
Each machine shall be located at least 10 feet from the entranceway
to the premises in which located and shall be placed so as not to
obstruct or interfere with the passage to and from the premises of
patrons or users of the premises.
B.
Each machine shall have an unobstructed perimeter zone or distance
of three feet around the side of the three linear borders of each
machine so as to allow patrons and others to observe or otherwise
wait to use such machine.
(1)
In a primary use, the perimeter zone shall not be common to any other
machine, it being the intent of this section that for purposes of
preventing overcrowding and assuring safe passage of the general public,
each machine shall have a separate perimeter zone.
(2)
In an accessory use, the perimeter zone may be common.
C.
Every machine licensed hereunder shall at all times be in clear view
in the public portion wherein such machines are to be operated, used
or maintained.
It shall be unlawful for any licensee or his agents, servants
or employees to knowingly permit, suffer or allow a person under the
legal age for purchasing alcoholic beverages to play or operate any
of the coin-operated amusement machines licensed under this article
located upon any premises licensed for the sale of alcoholic beverages.
No person under the legal age for purchasing alcoholic beverages shall
use or operate any coin-operated amusement machine described in this
article when said machine is placed upon premises licensed for the
sale of alcoholic beverages.
[Amended 9-18-2000 by Ord. No. 1,249, effective 10-8-2000]
Any person who violates any provision of this article, upon conviction thereof, shall be subject to the fines and penalties set forth in § 1-2 of this Code (general penalty), in the discretion of the judge imposing the same. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
