[Adopted 1-13-1981 by Ord. No. MC 2622 as Ch. 79, Art. I, of the 1981
Revised Code]
[Amended 3-22-1983 by Ord. No. MC 2691]
This article is enacted for the purpose of regulating and controlling
automatic amusement devices as hereinafter defined. Because such devices
may become a public nuisance by reason of the manner in which they
are distributed or operated, it is hereby determined that regulation
and control of such device is necessary for the protection and preservation
of the public safety, morals and welfare.
[Amended 6-14-1977 by Ord. No. MC 2498]
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Any machine which, upon insertion of a coin, disk, token, slug, plate, key or similar object or by the payment of any price, may be operated as a game, entertainment or amusement, including but not limited to such devices as pinball machines, skill ball, bagatelle, video games or machines and all games, machines and devices similar thereto under whatever name. The term is not intended to include any device licensed under Article II or Article III hereof or licensed or regulated under Chapter 163 of this Code.
[Added 3-22-1983 by Ord.
No. MC 2691]
Any premises upon which is located more than five automatic
amusement devices.[1]
[Added 3-22-1983 by Ord.
No. MC 2691]
Any natural person, partnership, firm, association, corporation or any other business entity which leases, rents out or places under any kind of arrangement, within the Town, one or more devices or machines as defined hereunder in § 229-3 in premises or in a location owned or controlled by another.
Any natural person, partnership, firm, association, corporation or any other business entity which owns or controls premises or a location within the Town in which any device or machine as defined hereunder in § 229-3 is displayed for public patronage or is placed or kept for operation by the public.
Any natural person, partnership, firm, association, corporation or any other business entity which owns or controls premises or a location within the Town in which any device or machine as defined hereunder in § 229-3, which is owned by such natural person, partnership, firm, association, corporation or other business entity, is displayed for public patronage or is placed or kept for operation by the public.
[1]
Editor's Note: The former definition of "coin-operated skill
amusement machines," added 9-9-1980 by Ord. No. MC 2614, which immediately
followed this definition, was repealed 3-22-1983 by Ord. No. MC 2691.
[Amended 9-9-1980 by Ord.
No. MC 2614; 3-22-1983 by Ord. No. MC 2691]
No person shall place; operate, maintain or possess any automatic
amusement device in any public or quasi-public place or in any building,
store or other place wherein the public is invited or may enter without
first obtaining a license therefor from the Director of Revenue and
Finance.
[Amended 3-22-1983 by Ord. No. MC 2691]
A.
Contents and information to accompany application.
(1)
Applications for a license required by this article shall be filed
on a form to be furnished by the Director of Revenue and Finance.
The application shall contain the following:
(a)
Name and address of the applicant.
(b)
Name under which the place is being operated and the location
of the same.
(c)
Number and type of alcoholic beverage license, where applicable.
(d)
Number of machines sought to be licensed.
(e)
Location where each automatic amusement device is to be located.
(f)
Name and address of the person from whom each device is to be
purchased, rented or otherwise obtained.
(g)
Description of each automatic amusement device sought to be
licensed, including, for each device, the name of the manufacturer,
model number and serial number.
(h)
Information indicating whether the distributor, the applicant
or any person connected with the operation of the place wherein the
game or device is to be installed has ever been convicted of any crime
or found guilty of the violation of any ordinance pertaining to gambling
or gaming.
(i)
In the case of an amusement device arcade, a floor plan showing
the location of each proposed device and the dimensions of the premises.
(j)
Such further information which the Director of Revenue and Finance
may deem reasonably necessary and proper for the protection of the
public.
(2)
Such application shall be accompanied by the license fee provided for by § 229-5 and shall be verified by the applicant if an individual, and if a partnership, by one of the partners, and if a corporation, then by an officer of the same authorized to make such application, which authorization shall be made a part of the application.
B.
The Director of Public Safety 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 business responsibility, moral character
and ability of the applicant to properly conduct the licensed activity.
Upon completion of the investigation, the Director of Public Safety
shall forward a report of said investigation, together with any recommendations
to the Director of Revenue and Finance.
[Amended 1-12-2016 by Ord. No. MC 3562]
C.
The Fire Chief or his designee shall inspect the premises to determine
whether said premises and the proposed arrangement of the automatic
amusement devices within said premises comply with the existing fire
regulations of the Township. Upon completion of the inspection, the
Fire Chief shall forward a report of said investigation together with
any recommendations to the Director of Revenue and Finance.
D.
The Director of the Department of Housing Services or his designee
shall inspect said premises to determine whether the same is in compliance
with all applicable laws, ordinances and codes under his jurisdiction.
Upon completion of his investigation, said Director shall forward
a report of said investigation together with any recommendations to
the Director of Revenue and Finance.
[Amended 2-13-1985 by Ord. No. MC 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
E.
Upon receipt of the application and the reports of the Director of
Public Safety, the Fire Chief and the Director of the Department of
Housing Services, the Director of Revenue and Finance shall either
approve, approve conditionally or disapprove the issuance of the license
for the automatic amusement devices of the applicant.
[Amended 2-13-1985 by Ord. No. MC 2769; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511; 1-12-2016 by Ord. No. MC 3562]
F.
If the application is approved, the Director of Revenue and Finance
shall issue the necessary licenses.
G.
If the application is approved conditionally, the Director of Revenue
and Finance shall communicate the conditions to the applicant, who
shall have a period of 45 days to comply with said conditions. Upon
being satisfied that the conditions have been complied with, the Director
of Revenue and Finance shall approve the application.
H.
If the application is disapproved, the Director of Revenue and Finance
shall notify the applicant in writing of the disapproval and the reasons
therefor.
I.
All original actions which are required to be taken by the Director
of Revenue and Finance shall be taken within 30 days after the date
of the filing of the license application.
[Amended 6-14-1977 by Ord. No. MC 2498; 9-9-1980 by Ord. No. MC 2614; 1-13-1981 by Ord. No. MC 2622; 12-8-1987 by Ord. No. MC 2844; 4-11-1989 by Ord. No.
MC 2884; 12-12-1995 by Ord. No. MC 3027; 1-9-1996 by Ord. No. MC 3030; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord.
No. MC 3306; 12-29-2009 by Ord. No. MC 3413]
The fee for the issuance of a license required by this article
for distributors and for owner operators shall be as follows, except
that no fee shall be charged where the distributor or owner/operator
is a tax-exempt organization. The burden of establishing such exemption
shall be on the organization claiming said exemption.
A.
Distributors. The fee for a license for a distributor of automatic
amusement devices shall be $588 plus the sum of $119 for each machine
or device distributed.
B.
Owner-operator. The fee for a license for an owner-operator of automatic
amusement devices shall be as follows: the sum of $351 for the first,
second and third machine or device owned or operated; the sum of $290
for the fourth or fifth machine or device owned or operated; and the
sum of $237 for each machine or device owned or operated in excess
of five.
The license issued pursuant to this article shall, on its face,
disclose the serial number, the name and post office address of the
licensee and the cost or charge made for the use of such machine,
and state that the machine to which the same is affixed is licensed
for operation in the Town.
The license for the placing, operation, maintenance or use of amusement devices or machines mentioned in § 229-3 shall be issued for the calendar year, commencing January 1 and expiring December 31 at 12:00 midnight.
[Amended 3-22-1983 by Ord. No. MC 2691]
No device or machine regulated by this article shall be placed,
operated, maintained or used unless the license issued hereunder is
posted in a conspicuous place in public view in the premises where
said device or machine is located. No such device or machine shall
be located in any back room or other closed-off or otherwise inaccessible
portion of the premises.
No license shall be issued under this article to any person
who has been convicted of a crime, and further, no such license shall
be issued to any person who has been convicted of any offense under
the Disorderly Persons Act[1] or against any provision of this Code or other Town ordinance
if the offense for which the applicant was convicted was one of gambling,
and in the event the licensee shall be convicted of any crime or shall
be convicted of the offense of gambling contrary to the Disorderly
Persons Act or any provision of this Code or other Town ordinance,
then the license of such person shall be forthwith canceled and all
machines to which such licenses may be affixed or upon which they
may appear shall be deemed to be operated in violation of this article.
[1]
Editor's Note: The Disorderly Persons Act (N.J.S.A. 2A:170-1
et seq.) was repealed by Chapter 95 of the Laws of 1978. See now the
Code of Criminal Justice (N.J.S.A. 2C:1-1 et seq.).
A.
Nothing contained in this article shall prohibit the holder of a
license issued hereunder from using the same within the calendar year
for which it is issued upon additional or other machines, provided
that the cost or charge for the operation of such additional or other
machines shall be the same, and provided further that if any such
license is removed from any machine taken out of use and placed upon
another machine put in use, the machine from which it is taken shall
not be used again unless and until a license shall be affixed thereto
as required by this article.
B.
The license hereby authorized and issued shall not be assignable
or transferable from one person to another.
[Amended 3-22-1983 by Ord. No. MC 2691]
In the event that there is any change in the ownership, management
or interest in whole or in part of the holder of a license hereunder,
which change shall occur after the filing of the application for a
license as provided by this article, the licensee shall forthwith
file a report thereof with the Director of Revenue and Finance, and
all persons named in such report shall qualify as licensees under
this article; otherwise, all licenses theretofore issued to such licensee
shall be forfeited and be null and void.
The Director of Revenue and Finance is hereby authorized to
delegate any and all powers and duties conferred upon him by this
article to any of his subordinates, as he may deem necessary or proper,
and the Director of Revenue and Finance may, in his discretion, require
periodical reports from the licensees to whom licenses are issued
under the provisions of this article, but not oftener than once in
any calendar month, which reports shall disclose the type of machine
to which each license issued is affixed, the manufacturer's serial
number of such machine, the locations of machines during the period
covered by the report and the name and address of the owner or possessor
of the location whose permission the licensee obtained for locating
the machine on such premises. The Director of Revenue and Finance
may require that such report be rendered to him under oath.
[Amended 3-22-1983 by Ord. No. MC 2691; 10-14-2015 by Ord. No. MC 3553]
Any machine or device regulated by this article and not having
a license shall be taken into the custody by the Public Safety Department
and disposed of. For the purpose of determining whether or not such
machines and devices are so licensed, the Public Safety Department
shall have the right of entry in any premises where such machines
are located. In the event that any such machine or device is taken
into custody hereunder and thereafter returned to the owner, operator
or distributor, the same shall pay to the Township the sum of $150
in addition to any other fines or penalties provided by this Code.
[Amended 6-14-1977 by Ord. No. MC 2498; 9-9-1980 by Ord. No. MC 2614]
A.
Not more than a total of three machines or devices regulated by this
article shall be permitted, used or operated in any one store, place,
location or premises of the type generally known as a candy store,
grocery store, luncheonette, delicatessen or neighborhood general
retail business store.
B.
All coin-operated or other type of pool or billiard tables are specifically prohibited from any of the stores or locations referred to in Subsection A above.
C.
Not more than a total of five machines or devices regulated by this
article shall be permitted, used or operated in any store, place,
location or premises of the type generally known as a "tavern."
[Amended 3-22-1983 by Ord. No. MC 2691]
D.
An amusement device arcade shall be subject to the following regulations,
which shall be in addition to any other regulations imposed by this
article:
[Added 3-22-1983 by Ord.
No. MC 2691]
(1)
At least one qualified attendant over the age of 18 shall be present
at all times when the business is open; any arcade having more than
20 devices shall have at least two such attendants.
(2)
Amusement devices shall not be operated after 9:00 p.m. and before
9:00 a.m.
[Amended 2-23-1993 by Ord. No. MC 2975[1]]
[1]
Editor's Note: This ordinance also repealed former § 79-14D(3),
prohibiting persons under 16 years of age from being on the premises
after 10:00 p.m., which immediately followed this subsection.
(4)
No arcade shall be located within 750 feet of another arcade. The
distance shall be measured from the nearest entrance of the existing
establishment to the nearest entrance of the premises where another
arcade is sought to be located along the route that a pedestrian would
normally walk.
(5)
No arcade shall be located within 150 feet of a residential premises.
(6)
No arcade shall be located in a premises any portion of which is
used for residential purposes.
(7)
Devices located in an arcade shall be subject to the following requirements:
(a)
Each device shall be located at least 10 feet from the entranceway
to the premises in which located and placed so that it does not obstruct
or interfere with the free and unfettered passage to and from the
premises of patrons or users of the premises.
(b)
Each device shall have a free and unobstructed perimeter zone
or distance on each side of the device as follows:
[1]
Front: a zone five feet in width wherein the user or users may
operate the machine and wherein others waiting to operate or watching
the operation of the device may stand.
[2]
Sides: a zone 2 1/2 feet in width wherein those waiting
to operate or watching the operation may stand.
[3]
Rear. No zone is required.
(c)
The perimeter zone which is required hereunder for each device
shall not be encroached upon by the zone of any other device.
(d)
The number of devices which may be located in any arcade shall
be governed solely by the application of the foregoing requirements
to the physical space available.
(8)
No operator of an arcade shall permit the consumption of alcoholic beverages on the premises nor any activity which creates an undue amount of noise or creates or tends to create a danger of a breach of peace to occur. In the event that an arcade is located within a premises having a license for the sale or consumption of alcoholic beverages, the operator shall not permit or allow the consumption of such beverages within the perimeter zone established in Subsection D(7)(b) hereinabove.
(9)
Nothing herein shall be construed so as to permit an arcade in any
zoning district in which such use is not permitted.
Any operator or licensee of any device or machine within the
purview of this article who shall knowingly and wilfully permit, use
or permit to be used any of the machines licensed under this article
for the purpose of gambling shall be deemed to be guilty of a violation
of this article and punishable therefor as provided by this Code.
A.
Any licensee and any owner, possessor or any person in control or
charge of any place or location where any machine or device regulated
by this article is located who shall offer to, or who shall, pay any
reward, gift, prize or merchandise to any person using or operating
such machine or device, shall be deemed to be guilty of a violation
of this article and shall be punishable therefor as provided by this
Code.
B.
No such machine or device shall be placed in any location where the
possessor thereof or the person in control or charge thereof has been
convicted of a crime, or where such person has been convicted of any
offense under the Disorderly Persons Act[1] or against any provision of this Code or other Town ordinance
if such offense was one of gambling. In the event that any such person,
after the location of such machine or device, shall be convicted of
a crime or shall be convicted of any offense under the Disorderly
Persons Act or against any provision of this Code or other Town ordinance
if the offense was one of gambling, the licensee shall forthwith,
upon notice of such conviction, remove such machine or device from
such location. Failure to do so shall be considered sufficient cause
for the revocation of the license of the licensee.
[1]
Editor's Note: The Disorderly Persons Act (N.J.S.A. 2A:170-1
et seq.) was repealed by Chapter 95 of the Laws of 1978. See now the
Code of Criminal Justice (N.J.S.A. 2C:1-1 et seq.).
[Amended 9-9-1980 by Ord.
No. MC 2614]
A.
Except for the locations referred to in § 229-14C above, no machine or device regulated by the provisions of this article shall be permitted, used, placed, maintained, operated or licensed in any location or premises located within 200 feet of any school.
B.
No automatic amusement device may be operated within 200 feet of
any house of worship. The distances referred to shall be measured
from the nearest entrance of the premises wherein the device is located
to the nearest entrance of the house of worship along the route that
a pedestrian would normally walk.
[Added 3-22-1983 by Ord.
No. MC 2691]
[Amended 9-9-1980 by Ord.
No. MC 2614; 3-22-1983 by Ord. No. MC 2691]
All machines and devices licensed under this article shall contain
a notice displayed on a prominent place thereon in full view of the
player, in form approved by the Director of Revenue and Finance, declaring
that such machine is not to be used for gambling purposes, that no
reward, gift, prize or merchandise may be given to or by any person
in connection with the play or operation of such machine or device,
the hours when the machine may be operated and the ages of the persons
permitted to operate same.
[Amended 9-9-1980 by Ord.
No. MC 2614; 3-22-1983 by Ord. No. MC 2691]
No person shall permit the playing of an automatic amusement
device by a minor under the age of 18 years during the hours of 7:00
a.m. to 4:00 p.m. when the public or private schools are in session.
[Added 9-13-2016 by Ord.
No. MC 3582[1]]
