As used in this article, the following terms shall have the
meanings indicated:
Any machine, contrivance or device that, upon the insertion
of a coin, slug, token, disc or key into a slot, crevice or other
opening or by the payment of any price, operates or may be operated
by the public generally and shall include, without limitation, such
devices as marble machines, pinball machines, mechanical games or
machines, skillball or similar amusements and shall also mean pool
or billiard tables and bowling alleys.
Any person who supplies, offers or exhibits for sale, leases,
sells or distributes automatic amusement and entertainment machines
or devices or jukeboxes to any other person.
Any music-vending machine, contrivance or device that, upon
the insertion of a coin, slug, token, plate, disc or key into any
slot, crevice or other opening or by the payment of any price, operates
or may be operated for the emission of songs, music or similar amusement.
Any person who owns, leases, rents or operates any premises
on or at which any automatic amusement and entertainment machine or
device or jukebox is kept, placed or exhibited for use or operation
by the public.
Any individual, firm, corporation, partnership, association
or entity.
Any building, business, store, restaurant, tavern, movie
theater or other place to which the public is invited or may enter.
A.
No person shall supply, offer or exhibit for sale, lease, sell or
distribute any automatic amusement and entertainment machine or device
or jukebox in the Township of Little Falls without first obtaining
a distributor's license. A separate listing shall be required
for each location within the Township of Little Falls that the distributor
supplies, offers or exhibits for sale, leases, sells or distributes
any automatic amusement and entertainment machine or device or jukebox.
B.
The application for said license shall contain the following information:
(1)
The name, date, home address and business and telephone number of
the applicant and each of its stockholders, officers and directors
holding in excess of 10% of its stock.
(2)
The name and address of the registered agent of the applicant or
person upon whom service of process is authorized to be made.
(3)
The name, date and place of birth, home address and home telephone
number of the manager or other authorized agent of the applicant who
shall be in charge of or conduct the business of the applicant within
the Township of Little Falls.
(4)
The number of mechanical amusement devices that the applicant will
distribute at a location in the Township.
(5)
A certification under oath, made by the applicant or its authorized
representative, that the information contained in the application
and all attachments thereto is complete, accurate and truthful to
the best of his knowledge and belief.
C.
The Township Clerk shall promptly forward a copy of the application
and accompanying materials to the Chief of the Police Department for
investigation, review and report. Such report shall be sent to the
Township Council, which, in accordance with the standards and requirements
set forth herein, may grant the license or refuse the license. If
the license is granted, the Township Clerk shall forthwith issue the
license upon payment of the licensing fee.
D.
The Township Clerk shall ensure that the license application and
all attachments thereto are complete and those persons whose names
are required to be disclosed on the application are all persons capable
of owning, controlling and/or operating machines or devices within
the Township of Little Falls in a manner consistent with the public
safety, morals and general welfare of the community; that those persons
whose names are required to be disclosed on the license application
can reasonably be expected to own, control, manage or operate the
proposed business in accordance with all applicable laws, ordinances,
rules and regulations and free from any gambling, illegal or immoral
activity and free of unnecessary and unwanted noise or commotion;
that no criminal element is in direct or indirect control or management
of the business of the applicant; that the granting of the application
and issuance of the license will promote a fair and competitive market
for the distribution of such devices within the Township of Little
Falls; that the granting of the application and issuance of the license
has been done after the applicant has properly executed all agreements
and consents required by this article and has agreed to conduct his
business in accordance with all requirements of this article and all
other applicable laws, ordinances, rules and regulations.
E.
No license shall be granted for any amusement or entertainment device
that is to be used for the purpose of gambling. For the purpose of
this article, an amusement and entertainment device, the operation
of which is based in any part on random chance or the random assignment
of numbers and the operation of which does not require more than minimal
skill or hand-eye coordination, shall be presumed to be intended to
be utilized for gambling purposes. By way of clarification but not
limitation, amusement or entertainment devices used for the purpose
of gambling shall be deemed to include the following:
(1)
Amusement or entertainment devices known as "Joker Poker" or any
similar mechanical amusement devices displaying playing cards; Keno,
Dice, Lucky Lines, Cherry Master or any similar amusement devices
styled after a slot machine with a rolling display or circular wheel
on which are depicted symbols; lotto or lottery-type machines.
(2)
Any amusement or entertainment device that does not have an operable
slot or receptacle for the insertion of coin or paper money.
(3)
Any amusement or entertainment device with buttons or controls labeled
"double up" or "bet."
(4)
Any amusement or entertainment devices that can be controlled or
operated from a remote location by other than the individual operator.
A.
No person shall keep, place or exhibit any automatic amusement device
or jukebox for use or operation by the public on or at any premises
in the Township of Little Falls without first obtaining an operator's
license for such premises.
B.
Application.
(1)
The application shall contain the following information:
(a)
The name, date, home address and business address, home telephone
number and business telephone number of the applicant.
(b)
The name, address and telephone number of the registered agent
of the applicant or person upon whom service of process is authorized
to be made.
(c)
The type, manufacturer and serial number of each device to be
licensed.
(d)
The name, address and telephone number of the distributor of
each amusement or entertainment machine or device sought to be licensed.
(e)
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.
(f)
The seating capacity of the location where the machines are
to be maintained.
(g)
The number of machines to be maintained at each location.
(2)
The application must be accompanied by a copy of a valid certificate
of occupancy (CO) issued to the present owner/occupant by the Construction
Code Official of the Township of Little Falls.
(3)
All applicants shall submit bills of sale for such machines or other
legal proof of ownership thereof.
C.
The Township Clerk shall promptly forward a copy of the application
and accompanying materials to the Chief of the Police Department and
the Construction Code Official for investigation, review and report.
Such reports shall be sent to the Township Council, which, in accordance
with the standards and requirements set forth herein, may grant the
license or refuse the license. If the license is granted, the Township
Clerk shall forthwith issue the license upon payment of the licensing
fee.
D.
The person operating the premises where the machine is located shall
be liable and responsible for the proper operation thereof, regardless
of whether or not he/she is the actual owner of the machine or has
rented the same; but this shall not in any way release the actual
owner of the machine or device from liability or responsibility for
violation of this article or any ordinance of the Township of Little
Falls.
E.
No operator holding a license for the operation of an amusement or
entertainment machine or jukebox shall permit the playing of jukeboxes
or mechanical amusement devices within 200 feet of any church, public
or parochial school or playground.
F.
No operator's license shall be transferable from operator to operator nor from place to place by any operator of an amusement or entertainment device or jukebox. It shall be valid only at the place and by the operator designated in the license, except as otherwise provided in Subsection G of this section.
G.
No distributor or operator of amusement or entertainment devices
shall offer or permit to be offered any prize, free game or other
reward to a person playing any such machine required to be licensed
under this article.
A.
The operator shall not permit, suffer or allow any person to gamble
in any form or manner on the licensed premises and shall prevent any
immoral or illegal conduct or activity from occurring.
B.
No person on the licensed premises shall have in his possession or
under his control or offer to another any habit-forming drug, nor
shall the operator permit, suffer or allow any such person on the
licensed premises.
C.
No operator shall permit, suffer or allow the unlawful sale or consumption
of alcoholic beverages upon the licensed premises.
D.
No operator shall permit the operation of any amusement or entertainment
machine or device during the hours when the taverns in the Township
of Little Falls are required to be closed or between 3:00 a.m. and
9:00 a.m.
E.
The operator shall at all times maintain good order upon the licensed
premises and shall not permit, suffer or allow any disturbance, congestion
or loitering upon the licensed premises.
F.
No device shall be operated in such a manner as to be heard outside.
G.
No song shall be played or words spoken on any device which violate
the obscenity law of New Jersey.
H.
No device shall be permitted to cause any unnecessary or unwanted
noise or commotion or otherwise interfere with the public health,
welfare and morals.
I.
No operator shall offer or permit to be offered any prize or other
award to any person playing any device.
J.
No device shall be located in a so-called back room nor in any part
of the licensed premises which is not open to the general public.
K.
No licensed premises shall be without adequate sanitary facilities
nor contain any fire, safety or health hazard.
L.
No licensee nor any of his agents, officers or servants shall, by
threats, promises or intimidation, seek to control or direct the placement
or removal of any device or to control the placement of any such device
from any location within the Township of Little Falls, and any such
threats, promises or intimidation shall be reported immediately to
the Police Department and to the Township Clerk.
M.
No licensee shall fail to report promptly to the Police Department
and Township Clerk any violation of any law or ordinance occurring
on the licensed premises, nor shall any licensee fail to report promptly
to the Township Clerk any conduct or activity prohibited by this article.
N.
Each licensee, distributor and/or operator shall promptly report,
in writing, to the Township Clerk any change or addition or deletion
of the information furnished on the license application and all material
attached thereto, and this obligation shall be fully met during the
term of any license or the renewal thereof.
O.
No licensee shall refuse to cooperate fully with the Township Clerk
or any law enforcement officer or agency, nor shall any such licensee,
operator and/or owner-operator refuse to produce and make available
all records relating to the purchase or distribution of such devices.
No such licensee and/or operator shall refuse access to its premises
to the Township Clerk, nor to any member of the Departments of Police,
Fire, or Health, nor to any law enforcement officer or agency. All
mechanical amusement devices licensed by the Township of Little Falls
must be available at all times during licensure for internal inspection
by an authorized representative of the Township of Little Falls. No
mechanical amusement device shall be fastened, locked or secured in
such a fashion that the licensee or person in charge of the licensed
premises cannot immediately provide access to the internal components
of said machine upon request.
P.
Total number.
(1)
The total number of amusement and/or entertainment machines or devices
permitted at any location shall be as follows:
|
Seating Capacity
|
Machines Permitted
| |
|---|---|---|
|
Up to 25
|
4
| |
|
26 to 50
|
5
| |
|
51 to 75
|
6
| |
|
76 to 100
|
7
| |
|
101 to 150
|
8
| |
|
More than 150
|
9
|
(2)
All amusement and/or entertainment machines or devices shall be distributed
throughout the licensed premises so as not to create an arcade-type
atmosphere.
A.
Each license, when issued, shall designate the number, type and serial
number of machines or devices operated hereunder.
B.
Each such license shall bear a number, and the number of that license
shall be placed in some permanent way upon each machine or device
operated or distributed under this article.
C.
All license fees shall be paid to the Clerk of the Township of Little
Falls prior to the issuance of the license, and all licenses issued
hereunder shall be issued for a term of one year commencing on January
1 and expiring on December 31.
A.
The fee for the issuance of a license to operate amusement or entertainment machines or devices, excluding jukeboxes, shall be as set forth in Chapter 71, Fees.
B.
The fee for the issuance of a license to operate amusement or entertainment devices in a restaurant associated with a hotel shall be as set forth in Chapter 71, Fees.
C.
The fee for the issuance of a distributor's license for amusement or entertainment machines, excluding jukeboxes, shall be as set forth in Chapter 71, Fees.
D.
The fees for the issuance of a license to operate and distribute jukeboxes in any place of business shall be as set forth in Chapter 71, Fees, for each jukebox distributed to and located at the place of business, and as set forth in Chapter 71, Fees, per station for each jukebox located at a station at the place of business.
E.
The licensee fee shall be waived for nonprofit organizations.
A.
Each license issued shall be posted prominently and conspicuously
in the licensed premises.
B.
Any such license may be amended to evidence the transfer of one machine
or device to another similar device, upon application to the Township
Clerk, giving a description by type, manufacture and serial number
of such machine.
Every license issued hereunder is subject to revocation if any
of the following things occur:
A.
The violation of any of the provisions of this article.
B.
Any misstatement or omission in the license application or in any
information submitted therewith or the failure to notify, in writing,
the Township Clerk of any changes by addition or deletion or amendment
to said application or information during the term of said license
or renewal.
C.
The determination on revocation shall be made after a hearing before
the Township Council.
D.
Prior to revoking any such license, the licensee shall be given a
hearing, in the event that such a hearing is requested, after notice
of the right to such a hearing is given by the Township Clerk. The
licensee shall be given 10 days' notice of said hearing, or more,
and such notice shall state the ground or grounds therefor. At such
hearing, the licensee may submit relevant information on his behalf.
The rules of evidence shall not apply to such hearing, but each party
shall have the opportunity to present his case and to be represented
by counsel. Any appeal from the decision of the Township Council shall
be to the Superior Court of New Jersey.
No license under this article shall be issued to any applicant
unless he is 21 years of age or over.
Amusement devices shall not be operated between the hours of
3:00 a.m. and 9:00 a.m.
The licensee of any premises in which a license for one or more
amusement devices or machines is required shall be required to keep
on file each application for a license for amusement and/or entertainment
machines or devices. Upon request by any law enforcement official
of the Township of Little Falls, any licensee of said premises or
any employee at said premises shall furnish such information to said
law enforcement official.
Every person seeking licensure hereunder shall comply with all
state statutes, municipal ordinances and regulations, building and
fire code regulations and zoning code requirements, as well as all
other statutes and regulations prior to receiving a license or licenses
hereunder.
Any person who violates any provision of this article shall,
upon conviction thereof, be punished by a fine not exceeding $500
or by imprisonment for a term not exceeding 30 days, or both.
