[Adopted 12-22-1982 by Ord. No. 1562 (Ch. 39 of the 1975 Borough Code)]
As used herein, the following terms shall have the meanings
indicated:
COIN-OPERATED AMUSEMENT OR ENTERTAINMENT DEVICE
Any automatic, mechanical or electronic game, contrivance
or device of skill or entertainment, which is or are operated or set
in motion by the deposit therein of any coin or coins, tokens or slugs
or the like thereof purchased for cash. This term shall include any
device which registers a score or not and shall further include, without
limitation, such devices as pinball machines, bagetelle machines,
pong or other types of electronically operated game devices, skillball,
mechanical games and operation of transactions similar to by whatever
name they may be called. Excluded from this definition are music vending
machines, commonly known as "jukeboxes," as well as vending machines.
OPERATOR
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 Borough of Roselle one or more
amusement or entertainment machines or devices displayed for public
patronage or is placed or kept for operation by the public.
OWNER-OPERATOR
Any natural person, partnership, firm, association, corporation
or any other business entity which owns or controls premises or a
location within the Borough of Roselle in which any amusement or entertainment
machine or device, which is owned by said natural person, partnership,
firm, association, corporation or any other business entity is displayed
for public patronage or is placed or kept for operation by the public.
PERSON
Any natural person, partnership, firm, association or corporation.
No person, firm or corporation shall install, place, maintain
or operate in any store, place of business, building, public place
or quasi-public place wherein the public is invited or may enter any
coin-operated amusement device or entertainment device within the
limits of the Borough of Roselle without first applying for or obtaining
a license therefor for each and every coin-operated amusement or entertainment
device to be installed, placed, maintained or operated.
Every license issued hereunder is subject to revocation by the
Mayor and Council of the Borough of Roselle should the owner-operator
or operator operate any amusement or entertainment machine or device
contrary to the provisions of this article or the standards set forth
herein for the issuance of a license. Any material misstatement or
omission in the license application or any information submitted therewith
shall constitute sufficient pounds for revocation of said license.
The Mayor and Council, through the Clerk, shall serve upon the licensee
notification of intention to revoke the license and advise the licensee
that he has 10 days from receipt of the notification to request a
formal hearing. In the event that no formal hearing is requested,
then the Mayor and Council shall be authorized, after said 10 days'
period to revoke the license. In the event that the licensee does
request a hearing, then he shall be entitled to a hearing before the
Mayor and Council and give testimony and produce witnesses as he shall
deem appropriate. The Mayor and Council shall listen to all witnesses
and testimony that it deems relevant and shall render a decision as
to whether or not the license should be revoked.
[Amended 5-24-1989 by Ord. No. 1759]
A. Any person, firm or corporation violating any of the provisions of
this article shall, upon conviction for such violation, be committed
to the county jail for a term not exceeding 90 days or shall be fined
a sum not exceeding $500, or both, at the discretion of the court,
and confiscation of the machines in question.
B. Each and every day in which a violation of any provision of this
article exists shall constitute a separate violation.