[HISTORY: Adopted by the Township Committee of the Township
of Edgewater Park as Title 5, Ch. 5.16, of the 1998 Township Code.
Amendments noted where applicable.]
As used in this chapter, the following words and terms shall
have the meanings given in this section:
Any person, firm, partnership, corporation or association
who leases or rents out or places under any kind of arrangement one
or more mechanical amusement devices.
Any machine which, upon the insertion of a coin, slug, token,
plate or disc, may be operated by the public generally for use as
a game, entertainment or amusement, whether or not registering a score.
It shall include such devices as marble machines, pinball machines,
skill ball, mechanical grab machines, mechanical bowling machines,
video game devices and all other games operations or transactions
similar thereto under whatever name they may be indicated, whether
electronic or mechanical or a combination thereof, but it shall not
include mechanical hobby horses and other amusement devices designed
and operated normally for the utilization by small children to ride
in or upon, nor shall it include small devices such as stress-level
machines, etc., that are relatively small and contain no protracted
program play interval.
Any person, firm, partnership, corporation or association
in whose place of business any mechanical amusement device or vending
machine is displayed for public patronage or is placed or kept for
operation by the public.
Any person, firm, partnership, corporation or association
who owns and operates any mechanical amusement device machine or vending
machine.
A.
Distributors. No distributor of mechanical amusement devices or machine
jukeboxes shall distribute to any person or to the owner, occupant,
lessee or licensee of any premises in the Township for the purpose
of operation thereof any mechanical amusement devices or machine jukeboxes
without first having obtained from the Township Clerk of the Township
a license to do so.
B.
Operators. No operator shall display for public patronage or keep
for operation any machine jukebox or mechanical amusement device without
first having obtained a license to do so from the Township Clerk.
Distributors and owner-operators shall apply for a license with
the Township Clerk of the Township, which license shall contain the
following information:
A.
Name and address of applicant;
B.
If the applicant is an individual, the age, date and place of birth
of applicant;
C.
If the applicant is a firm, partnership or association, the names
and addresses, ages and places of birth of all members of the firm,
partnership or association;
D.
If the applicant is a corporation, the names and addresses, ages
and places of birth of all officers and directors, and the names and
addresses of all stockholders of said corporation owning 10% or more
of all the issued and outstanding capital stock of said corporation;
E.
Prior criminal record of applicant, if any; "applicant" shall mean
and include all persons whose names and addresses are required above;
F.
Full description of mechanical amusement device or machine jukebox,
including name of manufacturer, place of manufacture and year of manufacture;
G.
Place where the machines or devices are to be displayed and the business
conducted at that place;
H.
Exact location of the machine in the business premises as indicated
on the floor plan drawn to scale. Said floor plan shall show all permanent
or semipermanent fixtures, shelves, et cetera, as established in the
place of business, and said location of said machine shall be such
that it shall not interfere with the safe use of the premises by the
patrons thereof. Particular emphasis shall be placed upon obstruction
to exits and free flow of pedestrian traffic in, by, through and around
said machine or amusement device. Location in accordance with the
above criteria shall be subject to specific approval by the appropriate
fire prevention authorities of the Township and the Police Department.
[Amended 2-7-2012 by Ord.
No. 2012-1]
A.
Fees for mechanical amusement devices shall be established in Chapter 240, Fees, and the license, when issued, shall designate the number of machines allowed thereunder.
B.
The license fees as established in Chapter 240, Fees, shall apply to each machine regardless of whether it is owned by a distributor or by the local operator.
C.
All license fees shall be payable upon the filing of the application;
if the application is rejected, the fee shall be returned less the
sum of $25 for administrative expenses.
D.
All licenses so issued shall be posted prominently on or about the
machine in clear, plain unobstructed view.
E.
All licenses shall be renewable annually as of the first day of January
of each calendar year. Licenses issued after July 1 shall require
the payment of a license fee of 1/2 of the annual license fee. No
other prorations or adjustments shall be made.
Applications for all licenses herein provided shall be made
to the Township Clerk of the Township and shall be investigated by
the Chief of Police, or his designated representative of his department,
which investigation shall be completed within 10 days of the submission
of the application. Any rejection of an application for a license
shall be accompanied by the reason therefor.
[Amended 2-7-2012 by Ord.
No. 2012-1; at time of adoption of Code (see Ch.
1, General Provisions, Art. III)]
Vending machines dispensing or selling merchandise, food, air or other services shall not require licensing except in the event of any one establishment or business place having five or more vending machines. In the event that any one establishment or business place shall have five or more machines, then, and in that event, each machine shall require a vending machine license. In the case of an owner-operator the applicant shall complete his name, address, and shall pay a license fee as established in Chapter 240, Fees, renewable each year on the first day of January. In the event that said license is issued subsequent to July 1 for machines placed on location after that time, then, and in that event, the license fee shall be ½ of the annual license fee; however, no other prorations or adjustments shall be made to said license fee. In the event that the vending machine is not owned by the owner-operator, but is received under some arrangement from the distributor, then, and in that event, the distributor shall also complete the application and license fee as established in Chapter 240, Fees, as provided herein. No license for a vending machine shall be denied by the Township, except in the event that the merchandise provided in said vending machine is in violation of any local, county, state or federal law or the placement of the machine is such that it constitutes a hazard to users of the premises in that it restricts or blocks the free flow of ingress or egress with particular emphasis on the necessity for unobstructed entrances and exits in time of emergencies.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
