[HISTORY: Adopted by the Mayor and Council of the Borough of Somerdale 4-26-1976 (Ch. 37, Art. II, of the 1973 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Bingo and raffles — See Ch. 83.
Curfew — See Ch. 112.
Fees — See Ch. 131.
A. 
The purpose of this chapter is to regulate the licensing and use of coin-controlled amusement devices to preserve and protect the public good, welfare and morals.
B. 
All fees specified in and required by this chapter are imposed to defray the cost of regulation and for revenue where such is permitted by state law.
[Amended 9-12-1990 by Ord. No. 90:09]
Applications for licenses shall be made, in writing, on forms to be supplied by the Borough to the Borough Clerk and, in order to enable the Borough Clerk to determine the suitability of the premises and their location and the fitness of the applicant to maintain or use the devices applied for, shall contain the following information:
A. 
The type of ownership of the business, i.e., whether individual, partnership, corporation or otherwise.
B. 
The name, style and designation of the business maintaining the devices.
C. 
The address of and all telephone numbers at the location where the device or devices will be utilized.
D. 
The name and residence address of the manager and/or other person principally in charge of the operation of the business premises.
E. 
The following personal information concerning the applicant, if an individual, and concerning each stockholder holding 10% or more of the stock of the corporation, each officer and each director, if the applicant is a corporation, and concerning the partners, including limited partners, if the applicant is a partnership, and concerning the manager or other person principally in charge of the business premises:
(1) 
The name, complete residence address and residence telephone number.
(2) 
The two previous addresses immediately prior to the present address of the applicant or officer thereof submitting the application.
(3) 
Written proof of age.
(4) 
The height, weight, color of hair and eyes and sex of the applicant.
(5) 
Two front-face portrait photographs taken within 30 days of the date of the application ad at least two by two inches in size.
(6) 
Whether or not the applicant had been previously licensed by any public or governmental authority to maintain coin-controlled amusement devices for use by the public or has previously applied for such a license and whether or not such a license has been denied, revoked or suspended and the reason therefor.
(7) 
All criminal convictions, fully disclosing the offense for which convicted and the circumstances thereof.
(8) 
A complete set of fingerprints taken and to be retained on file by the Borough Clerk or his authorized representative.
(9) 
Such other information as may be required by the Borough Clerk to discover the truth of the matters herein before required to be set forth in the application.
(10) 
Authorization for the Borough, its agents or employees to seek information and conduct an investigation into the truth of the statements set forth in the application.
(11) 
The names and addresses of three adult residents of the County of Camden who will serve as character references.
(12) 
A written declaration by the applicant, under penalty of perjury, that the foregoing information contained in the application is true and correct, said declaration being duly made before an individual authorized to administer oaths within the State of New Jersey, which individual shall affix his sign or seal thereto.
(13) 
The number of licenses desired.
(14) 
The category of the device, as specified below.
(15) 
The address where the device is to be located.
(16) 
A description of the device or devices, including the name of the manufacturer and the serial number.
[Amended 9-12-1990 by Ord. No. 90:09]
No person shall place or maintain or permit to be placed, operated, used or maintained in any public or quasi-public place or in any building, store or other place wherein the public is invited or may enter any coin-controlled amusement device without first having obtained a license for each such device from the Borough Clerk.
A. 
A fee as set forth in the current Fee Ordinance shall be submitted with each application for a license or licenses, and such fee is nonrefundable.
[Amended 9-12-1990 by Ord. No. 90:09]
B. 
The license, if issued, shall expire on the 31st of December of the year in which issued.
No license shall be issued unless the application and license fee requirements have been met and an investigation into the fitness of the applicant has been conducted.
[Amended 5-8-1991 by Ord. No. 91:05; 9-12-1990 by Ord. No. 90:09]
Upon receiving the application and fee, the Police Chief shall conduct an investigation into the applicant's moral character and personal and criminal history. He may, in his discretion, require a personal interview of the applicant and such further information as shall bear on the investigation.
[Amended 9-12-1990 by Ord. No. 90:09]
The Borough Clerk shall issue a license within 45 days of receipt of the application unless he finds that:
A. 
The correct license fee has not been tendered with the application.
B. 
The maintenance or use of such device or devices would not comply with all applicable laws, including but not limited to building, zoning and health regulations.
C. 
The applicant, if an individual, or any of the stockholders holding 10% or more of the stock of the corporation, any of the officers or any directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, and the manager or other person principally in charge of the operation of the business have been convicted of any crime involving dishonesty, fraud, deceit or moral turpitude.
D. 
The applicant has made any false, misleading or fraudulent statement of fact in the permit application or in any document required by the Borough in conjunction therewith.
E. 
The applicant has had a similar license denied, revoked or suspended within five years prior to the date of the application.
F. 
The applicant if an individual, or any of the officers or directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, or the manager or other person principally in charge of the premises on which the devices are located is not over the age of 18 years.
Every license issued hereunder shall be numbered and shall disclose on its face the name and post office address of the licensee to whom it is issued and the address wherein the device shall be located.
A. 
A separate license shall be obtained for each coin-controlled amusement device and shall be affixed thereto by the licensee.
B. 
No coin-controlled amusement device shall be placed, operated, maintained or used or permitted to be placed, operated, maintained or used in the Borough until the license required hereunder shall be affixed thereto in a conspicuous place so that the same may be easily identified. Any such coin-controlled amusement device which shall not have a license, as required herein, affixed thereto shall be deemed to be an unlicensed device. The Police Director may take possession and retain custody of any device which is or appears to be unlicensed.
[Amended 9-12-1990 by Ord. No. 90:09]
Each licensee hereunder shall be bound by the terms, conditions and statements set forth in the license application, and the issuance of any license hereunder shall be on said basis.
A. 
All licenses issued under this chapter shall be deemed to be granted upon the express condition that, in addition to any other sanction or penalty, the issuing, licensing or approving authority may:
(1) 
After due notice by personal service or registered or certified mail and after due hearing, suspend or revoke the license of any person for violating any provision of this chapter or for other good cause; or
(2) 
Suspend temporarily, pending a hearing or notice thereof, any such license when such action is deemed by the license-issuing authority to be immediately necessary to prevent emergent danger to the public welfare, good or morals. Any such temporary suspension without notice shall be for a period not longer than 10 days.
B. 
The provisions of Subsection A shall be deemed supplementary to and not in lieu of any provision in any other section of this chapter for revocation or suspension of licenses.
As used in this chapter, the following terms shall have the meanings indicated:
COIN-CONTROLLED AMUSEMENT DEVICE
A. 
Any machine, device or instrument, the principal purpose of which is to play music upon the insertion of a coin, slug or other consideration.
B. 
Any machine, device or contrivance which is permitted to function or operate by the insertion of a coin, slug, token, plate, disc or other consideration and which is operated for amusement. Such term shall specifically include, but shall not be limited to, any device in or on which the operator or other person may ride, stand, sit or be carried.
C. 
Any machine, device or contrivance which, upon the insertion of a coin, slug or other consideration, may be operated for use as a game or contest of any description and which may or may not contain any form of payoff device for the return of slugs, money, coin checks, tokens, merchandise or other forms of prize or merchandise, and shall include pinball machines, video games, arcade games, computer games and other coin-controlled devices.
[Amended 9-12-1990 by Ord. No. 90:09]
D. 
Any machine, device or contrivance which, upon the insertion of a coin, slug or other consideration, displays any form of film, picture or moving-picture films.
A. 
No licensed device shall be used or operated or permitted to be used or operated to display any form of film, picture or moving-picture film which is obscene, whether or not the observer is or is intended to be a consenting adult.
B. 
No licensed device shall be operated or be permitted to be operated as a game of chance or gambling device.
[Added 12-11-1985 by Ord. No. 85:15A; amended 9-12-1990 by Ord. No. 90:09]
The maintenance of coin-controlled amusement devices is hereby determined to be a regulated use and subject to the following restrictions:
A. 
No such regulated use shall be located within 1,000 feet of any other regulated use.
B. 
No such regulated use shall be located within 300 feet of a residentially zoned area.
C. 
No such regulated use shall be located within 1,000 feet of a church, school, day-care center or playground.
D. 
Such regulated uses may be located within an industrial zoned area as long as they do not violate the provisions of Subsections A, B and C.
A film, picture or moving-picture film is obscene if it portrays or depicts human sexual intercourse, homosexual acts, sadistic sexual acts, human sexual acts other than sexual intercourse, sexual acts between man and beast or human sexual organs and if the average person, applying contemporary community standards, finds that the film, moving-picture film or picture, taken as a whole, appeals to the prurient interests in sex and the film or moving picture depicts or portrays such human sexual intercourse, sexual acts between man and beast or human sexual organs in a patently offensive manner and the picture, film or moving-picture film, taken as a whole, lacks serious literary, artistic, educational, political or scientific value.
Any person desiring to utilize a coin-operated amusement device for the display of a film, picture or moving-picture film which he has reason to believe may be obscene shall act as follows:
A. 
If the person has any such picture, film or moving-picture film on hand or in stock which he intends to display within the month following the next monthly meeting of the Review Committee, he shall submit all of the same to the Review Committee for inspection. The Review Committee shall consist of the Mayor, a consenting elected officer of the Borough of Somerdale and a consenting resident of said Borough who is registered to vote therein. Said Review Committee shall be constituted forthwith, and the appointed members shall be forthwith appointed by and shall serve at the pleasure of the Mayor, without compensation. Said Review Committee shall act by a majority of the members thereof. The submittal specified shall be accompanied by a fee of $500.
B. 
If, in the interim of the monthly meetings of the Review Committee, the person intends to display any such film which had not been submitted at the prior monthly meeting, on an occasion before the next public meeting of said Committee, he shall submit said film, picture or moving-picture film to the Police Director of the Borough of Somerdale for investigation; and each such submittal shall be accompanied by a fee of $500.
[Amended 9-12-1990 by Ord. No. 90:09]
C. 
The person shall, 24 hours prior to submittal to the Review Committee or Police Director, notify it or him, in writing, of the intended submittal and the nature thereof. Within 24 hours (Saturdays, Sundays and holidays excepted) of receipt of said notice, the Committee, in the case of a Committee submittal or referral, or the Police Director, whichever is applicable, shall inspect the film, picture or moving-picture film, and the applicant shall reasonably be notified, either by telephone or written notice left at the location of the device, of the time and place appointed for such inspection. The failure of the applicant to cooperate in any way in arranging a time for inspection within said 24 hours shall not relieve said applicant of the duty to submit the film, picture or moving-picture film for inspection.
[Amended 9-12-1990 by Ord. No. 90:09]
[Amended 9-12-1990 by Ord. No. 90:09]
A. 
In the case of a submittal to the Police Director, he shall, within 24 hours (Saturdays, Sundays and holidays excepted) of the termination of said inspection, either inform the applicant, in writing, that the item submitted is not obscene and may, therefore, be displayed without fear of prosecution under this chapter or inform the applicant that he has referred it to the Review Committee for inspection.
B. 
Within 72 hours of any submittal or referral to the Review Committee, the applicant shall either be informed, in writing, that the film, picture or moving-picture film is not obscene and, therefore, may be displayed without fear of prosecution under this chapter or inform the applicant that the Borough of Somerdale has brought suit seeking to have the display of the film, picture or moving-picture film enjoined because of its obscene character. It shall be a violation of this chapter to display the same during the time period of this investigation. Nothing herein shall prevent the applicant from displaying said film, picture or moving-picture film after the end of the time period specified for investigation; subject, however, to any judicial restraints imposed. If for any reason the Police Director is unavailable to perform his function under this chapter, he may appoint another person in his stead.
The Somerdale Police Department shall examine the premises where such devices are located on a regular basis to ensure compliance with the terms of this chapter.
A. 
A licensee or anyone violating the terms of this chapter shall forfeit all licenses issued for all devices pursuant to the terms of this chapter.
B. 
Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to any combination of the following:
[Amended 9-12-1990 by Ord. No. 90:09]
(1) 
A fine of not less than $100 nor more than $1,000.
(2) 
A term of imprisonment not exceeding 90 days.
(3) 
A period of community service not exceeding 90 days.
A. 
Where necessary, this chapter shall be construed in a manner which will render it valid and constitutional.
B. 
If for any reason any section or any part of a section or provision of this chapter shall be adjudged unconstitutional or invalid, such judgment shall not be held to affect other sections.