[HISTORY: Adopted by the Borough Council of the Borough of
Eatontown 12-4-2013 by Ord. No. 19-2013. Amendments noted where applicable.]
It is hereby determined, decided and declared that this chapter
applies to any amusement park or facility as defined under N.J.A.C.
13:3-1.1, or related and amended regulations, and/or any business
or facility owning and/or operating an amusement game or games as
the terms are defined by the Amusement Games Licensing Law (Chapter
109 P.L., 1959, N.J.S.A. 5:8-100 et seq.) and related statutes and
regulations as such activities exist in the Borough of Eatontown.
It shall be unlawful for any person, corporation, limited liability
company or other legal form to own or operate within the municipality
any amusement game or games as the amusement games are of skill or
chance, or both, and whether the amusement game or games are placed
and operated with or without numbers, symbols or figures without having
first obtained a proper license approved by the Borough Council. The
license shall be issued subject to the provisions of the Amusement
Games Licensing Law, N.J.S.A. 5:8-78 et seq., and the revised Amusement
Games Regulations promulgated by the Office of Amusement Games Control,
Department of Law and Public Safety in the State of New Jersey.
Each applicant for such license shall file with the Borough
Clerk a written application in duplicate thereof. The application
must be in the form prescribed by the Commissioner of Amusement Games
Control and must comply with all of the requirements as specifically
set forth in N.J.S.A. 5:8-102 and any amendments and supplements thereto
and any additional requirements as may be promulgated by the Amusement
Games Control Commissioner of the State of New Jersey.
A.
The Borough Council may require any applicant or shareholder, director
or officer of any applicant corporation, limited liability company
or like legal form to be fingerprinted as a condition to the issuance
of the license or employment by a license.
B.
Any fees for fingerprinting or any other investigation shall be paid
for by the applicant.
C.
Each employee of the licensee shall be issued an identification card.
A.
Upon proof of compliance with all applicable requirements, the Borough
Council shall authorize the issuance of a license by resolution, the
license to be effective for a term of one year commencing with date
of issuance and terminating on December 31 of each year. The resolution
shall specifically recite that the premises to be licensed are located
in a recognized amusement park in the municipality. A certified copy
of the resolution shall be transmitted, together with a copy of the
application and license certificate issued, to the Commissioner of
Games Control.
B.
Each license certificate shall be issued in triplicate, the original
to be delivered to the applicant, with one copy to the Commissioner,
as aforesaid, and the additional copy to be retained by the Borough
Clerk.
D.
The Borough expressly reserves the right to license amusement games
other than the ones described herein and to establish fees therefor
for use in the area designated in accordance with the requirements
set forth in this chapter. The game hereinafter licensed shall be
incorporated herein by reference thereto.
No application for the issuance of a license shall be refused
by the Borough Council until after a hearing is held on due notice
to the applicant, at which the applicant shall be entitled to be heard
upon the qualifications of the applicant and the merits.
A.
Any license issued under this chapter may be amended, upon application
made to the Borough Council, if the subject matter of the proposed
amendment could lawfully and properly have been included in the original
license and upon payment of such additional license fee, if any, as
would have been payable if it had been so included.
B.
No license issued pursuant to this chapter shall become operative
unless and until the licensee named therein shall have procured a
state license from the Commissioner of Amusement Games Control.
A.
The Borough Council shall have and exercise control and supervision
over all amusement games held, operated or conducted under such license
with all the powers authorized or granted to it under the Amusement
Games Licensing Law and all amendments and supplements thereto.
B.
The Chief of Police may inspect or cause to be inspected any place
or building in which amusement games or services are operating.
C.
Amusement games and devices shall be kept and placed in plain view
of any person or persons who may frequent and be in any place or place
of business where such devices or games are used and licensed.
D.
Nothing in this chapter shall be construed to authorize or license
any gambling device or game not specifically permitted by the laws
of the State of New Jersey.
E.
No gambling between participants in any amusement games or the users
of any amusement devices shall be permitted at any time.
Any person, who shall make any false statement in any application
for such license, or shall fail to keep such adequate and proper books
and records as shall fully and truly record all transactions connected
with the holding, operating or conducting of amusement games under
such license, or shall falsify or make any false entry in any books
or records so far as they relate to any transaction connected with
the holding, operating and conducting of any amusement game under
any such license, or shall violate any of the provisions of this chapter
or the Amusement Games Licensing Law, N.J.S.A. 5:8-78 et seq., or
of any of the terms of such license, shall be a disorderly person
and, if convicted as such, shall, in addition to suffering any other
penalties which may be imposed forfeit any license issued to it under
this chapter.
A.
There shall be issued to an applicant who shall qualify a separate
license, for each place at which the licensee is authorized to hold,
operate and conduct such amusement games. The annual license fee for
each such place shall be the sum of $100.
B.
A separate license shall be issued for each kind of amusement game
authorized to be held, operated and conducted on the licensed premises
by the licensee. All amusement games certified by the New Jersey State
Legalized Gaming Commission shall be permitted to be operated at the
licensed premises. There shall be a license fee of $40 for each license
issued under each of the following certifications as provided in N.J.A.C.
13:3-7.9. The certifications are as follows:
(1)
Certification No. 1. Throw games wherein a single player upon payment
of fees is furnished number of balls, hoops, darts or other objects,
or uses his own coins to be hand thrown or propelled at, into or upon
targets, with prizes awarded according to results achieved;
(2)
Certification No. 2. Arcade games wherein a single player upon payment
of a fee is permitted to play a machine or device to obtain a prize
or attain a score upon the base of which a prize is awarded;
(3)
Certification No. 3. Non-draw raffle games wherein a single player
upon payment of fee is permitted to make a blind selection of the
object from a number of objects, the object selected being the prize
won or indicating the prize won;
(4)
Certification No. 4. Competitive games wherein several players upon
payment of a fee are permitted to compete against each other for a
prize to be awarded to the player who first achieves the required
result;
(5)
Certification No. 5. A game of chance incorporating:
(a)
A laydown board marked in segments bearing numbers, names or
symbols whereon the player or players place the entry fee as an indication
of choice of expected winner;
(b)
Electrical push-button switches or similar devices approved
by the Commissioner at each segment on the board which enable any
player to start or deactivate the game;
(c)
A moving indicator powered and driven by an electric motor which
may be activated and deactivated by any player by means of the switches
provided; and
(d)
An arrangement of numbers, names or symbols corresponding to
those on the laydown board to one of which the moving indicator points
when it stops after exhausting its momentum following deactivation
of the motor; provided, however, the mechanism may not incorporate
any clutch, brake or timing device except a timing device which renders
all of the stop switches inoperative for a short period of time after
any starting switch is activated, nor may the electric motor be activated
or deactivated by anyone other than a player or players;
(6)
Certification No. 6. Guessing games wherein a single player upon
payment of fee is entitled to win a prize in the event the operator
is unable to guess, within announced limits, the weight or age of
the player, generally known as "Guess Your Weight Game and Guess Your
Age Game;"
(7)
Certification No. 7. A game wherein a single player upon payment
of a fee is entitled to win a prize in the event that within a permitted
number of tries he rings a bell or gong a required number of times
by striking with a mallet one end of a horizontal level arm the other
end of which propels a weight upward along a vertical wire at the
top of which the bell or gong is located;
(8)
Certification No. 8. Miscellaneous skill games wherein a single player
upon payment of a fee is entitled to use a physical skill to attain
a predetermined goal for which a prize is awarded;
(9)
Certification No. 9. A game of chance incorporating a laydown board
marked in segments bearing numbers, names or symbols wherein the player
or players place the entry fee as an indication of the choice of expected
winner, which is determined by a nonelectrical and nonmechanical device,
set in motion by a player or players, coming to rest.
C.
Upon the issuance of a license(s) for the above certifications, the
licensee shall be entitled to conduct such amusement games as authorized
by the state under each such certification which licensee has obtained
a license.
As used in this chapter:
A building or portion thereof used to house rides for children
and young adolescents, electronic video games, pinball and/or virtual
reality games, indoor miniature golf and/or amusement games of skill
and chance.
Any game or amusement which is authorized under the provisions
of the Amusement Games Licensing Law, N.J.S.A. 5:8-78 et seq.
Any building, structure and/or a place of amusement operated
upon a lot or plot of ground in the open area, permanent in its nature,
and operated by private enterprise for profit during the entire year,
or any part thereof, whether admission is charged to enter or not.
A.
The provisions of this chapter shall not apply to any carnival, fair
or other activity held on an annual basis by a nonprofit group or
organization wherein amusement games, structures or rides are installed
or used on a temporary basis.
B.
Baseball, football and basketball games, entertainment or lecture
courses by civic bodies and fire companies of the Borough of Eatontown,
the expense of which are guaranteed by the resident of the Borough
of Eatontown, are excepted from the requirements of this chapter.
C.
This chapter shall not be applicable to any amusement games when
the net proceeds are for the benefit of any charitable, fraternal,
religious and/or nonprofit organization located within the Borough
of Eatontown or when given by the pupils of any school within the
Borough of Eatontown, the proceeds of which are to be used for educational
purposes.
All licenses issued under this chapter shall expire on December
31 annually.
Any person, firm, corporation, limited liability company or
like form of public entity violating any provision of this chapter,
shall, upon conviction, be subject to a fine not exceeding $1,250,
a term of imprisonment not to exceed 90 days, or a period of community
service not to exceed 90 days, or any combination thereof.
