[HISTORY: Adopted by the Borough Council of the Borough of Stone Harbor 11-6-2018 by Ord. No. 1535. Amendments noted where applicable.]
It is hereby determined, declared and found that the Borough of Stone Harbor, in the County of Cape May and State of New Jersey constitutes a seashore resort with parts thereof customarily constituting an amusement or entertainment area according to the customary understanding of said terms in the community.
It shall be unlawful for any person, firm or corporation to own or operate within the Borough of Stone Harbor any amusement game or games, as said terms are defined by the Amusement Game Licensing Law (Chapter 109, P.L. 1959),[1] whether said game or games are of skill or chance, or both, or whether said game or games are played and operated with or without numbers, names, symbols, without first having obtained a license from the Borough Council of the Borough of Stone Harbor to do so. Said license shall be issued pursuant to and subject to the provisions of the Amusement Games Licensing Law (Chapter 109, P.L. 1959), and shall be limited to Permissible Amusement Games Certification No. 2 as provided by amusement games regulations issued by the Office of Amusement Games Control of the Department of Law and Public Safety of the State of New Jersey, and consisting of arcade games wherein a single player, upon payment of fee, is permitted to play a machine or device to obtain a prize or attain a score upon the basis of which a prize is awarded. No other game shall be permitted or licensed.
[1]
Editor's Note: See N.J.S.A. 5:8-100 et seq.
Each applicant for such a license shall file with the Borough Clerk a written application, in such form as prescribed by and in accordance with said Amusement Games Licensing Law as amended and supplemented, and the rules and regulations promulgated by the Amusement Games Control Commissioner of the State of New Jersey.
The fees for the type of licenses to be issued hereunder shall be $200 for each 50 units or less. Said fees shall accompany the application for said licenses. In addition, each applicant shall pay a fee of $2 for fingerprinting and issuance of identification cards under the rules and regulations promulgated by the Amusement Games Control Commissioner, for each licensee and each employee of said licensee.
The Mayor and Council of the Borough of Stone Harbor shall have and exercise control and supervision over all amusement games held, operated or conducted under such licenses, with all the powers authorized or granted to it under the Amusement Games Licensing Law and the amendments and supplements thereto and the rules and regulations of the State Amusement Games Control Commissioner.
In the event that any licensee shall violate any of the provisions of this chapter or of the Amusement Games Licensing Law, as amended and supplemented, or the rules and regulations promulgated heretofore and hereafter by the State Commissioner of Amusement Games Control, or the terms of such license, disciplinary proceedings shall be held before the Borough Council of the Borough of Stone Harbor as provided by the rules and regulations promulgated heretofore and hereafter by the State Commissioner of Amusement Games Control. After a hearing pursuant to said rules and regulations, the Mayor and Council may suspend or revoke the license on the charges for proper cause, or may dismiss the charges.
In the event any licensee shall violate any of the provisions of this chapter or the Amusement Games Licensing Law or the rules and regulations promulgated by the State Amusement Control Commissioner or the terms of such license, such licensee 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 said licensee under this chapter.
Any person, firm or corporation violating any of the provisions of this chapter, shall upon conviction be subject by the Municipal Court of the Borough of Stone Harbor to a penalty not to exceed $200, or imprisonment not to exceed 90 days, or both, in the discretion of the Municipal Court and the same shall be in addition to the powers of suspension or revocation of any such license as provided for herein by the Borough Council of the Borough of Stone Harbor.
If any section, paragraph, clause or provisions of this chapter shall be judged invalid by a court of competent jurisdiction, such adjudication shall apply only to the section, paragraph, clause or provisions so adjudged, and the remainder of this chapter shall be deemed valid and effective.