[G.O. No. 567, § 1; G.O. No. 1302, § 1;
G.O. No. 1347, § I]
The Mayor and Council find and declare as follows:
(a)
There presently exists within the Town of Westfield a significant
number of amusement games and devices which are expected to increase
in number in the future.
(b)
Such games and amusement devices have been demonstrated to attract
large numbers of young people and with the expected increase in number
of machines, the likelihood of crowding and congestion is likely to
continue and increase.
(c)
The present location of machines may be inappropriate for young people
because of this crowding, and because of lack of ventilation, excessive
noise, lack of proper ingress and egress, and the inability to provide
supervision when necessary.
(d)
Experience has demonstrated that such facilities where young people
congregate in large numbers create problems not only in the facility
itself because of the aforesaid reasons, but also on the public right-of-way
adjacent thereto, because of bicycles left on the sidewalk and street
and large numbers of young people standing on the sidewalk both of
which block and obstruct movement by other members of the public.
(e)
Reasonable regulation of the licensees of such machines, their location
within the premises, the space surrounding them, the methods of ingress
and egress from the place of business, conditions of permitted operation
and of adult supervision will help to insure that recreational activity
involving amusement games is carried out in a safe and wholesome environment
for the benefit of the young people of the Town and without undue
hardship to the business community and the general public.
(f)
The enactment of this article is necessary and appropriate for the
protection of the public health, safety, and welfare of the residents
of the Town of Westfield.
[G.O. No. 567, § 4; G.O. No. 618, § 1;
G.O. No. 943, § 1; G.O. No. 1302, § 1; G.O. No.
1347, § 1; G.O. No. 1354, §§ I, II]
Definitions of the terms used in this article are as follows:
(a)
AMUSEMENT GAMES OR DEVICES — Any machine, contrivance or device
from which upon the insertion of a coin, slug, token, plate, disc,
key, or similar instrument into a slot, crevice or other opening in
the machine or by the payment of any price, operates or may be operated
by the public generally for use as a game, entertainment or amusement,
whether or not registering a score and shall include without limitation,
and not be limited to such devices as marble machines, pin ball machines,
skill ball, mechanical games, video games, electronic games or operations
or transactions similar thereto by whatever names they may be called.
(b)
DISTRIBUTOR — Any natural person, partnership, firm, association,
corporation or any other business entity which leases, rents or places
under any kind of arrangement within the Town of Westfield one or
more amusement games or devices in premises or in locations owned
or controlled by another.
(c)
OPERATOR — Any natural person, partnership, firm, association,
corporation, or any other business entity which owns or controls premises
or location within the Town of Westfield in which any amusement or
entertainment machine or device is displayed for public patronage,
or is placed or kept for the public.
(d)
LICENSED PREMISES — The entire premises including without limitation
the interior and exterior of all buildings, auxiliary buildings, structures,
or appurtenant structures, walks, alleys, drives and parking facilities
owned or controlled by the operator and or owner operator.
(e)
NET FLOOR AREA — As defined in this chapter means the gross
floor area of the licensees premises less deductions for counter space
areas, storage areas, display cases, the amusement devices themselves,
shelving areas, aisles, bathrooms, office space, stairwells and stairs
and other areas which are not intended or held out for public use.
The building inspector shall determine the amount of net flood area
in square feet in each prospective licensed premises subject to this
article.
(f)
AISLES — A space provided in a building or structure between
objects resting on the floor or between such object or objects and
a wall partition, column or other fixed part of the building or structure,
designed to permit persons on foot to walk or move from one place
to another in the building. For purposes of this ordinance such aisle
need only be three feet in width between such objects or between an
object and a fixed part of the building or structure. Any additional
space actually provided in a building or structure is not to be considered
as part of the aisle and need not be deducted from the gross floor
area to determine net floor area.
[G.O. No. 567, § 3; G.O. No. 618 § 1;
G.O. No. 1302, § 1; G.O. No. 1347, § 1]
(a)
Distributors license. No natural person, partnership, firm, association,
corporation or any other business entity shall lease, rent or place
under any kind of arrangement any one or more amusement games or devices
as defined herein within the Town of Westfield in premises or locations
owned or controlled by another without first having obtained a license
to so distribute from the Town of Westfield after written application
therefor, in accordance with the terms of this article for each such
machine, game or device. This license shall be known as a distributor's
license.
(b)
Operator's license. No natural person, partnership, firm, association,
corporation, or any other business entity which owns or controls premises
or locations within the Town of Westfield shall install, maintain,
operate, or possess in any store, premises, location, or building
where any business of any nature or character is conducted or any
other place wherein the public may enter, any amusement games or devices
as defined herein without having first obtained a license to so install,
maintain, operate or possess from the Town of Westfield after written
application therefor, in accordance with the terms of this article
for each such machine, game or device. This license shall be known
as an operator's license and shall not only apply to the machine
or game so licensed, but also to the premises wherein they are located.
[G.O. No. 567, § 5; G.O. No. 1302, § 1;
G.O. No. 1347, § 1]
(a)
An application properly completed with all information required by
this article supplied.
(b)
The appropriate licensing fee paid in advance by cash or certified
check.
(c)
Compliance of the premises sought to be licensed with the requirements
of this article for such premises.
(d)
Continued compliance with all requirements of this article.
(e)
Certification by the police chief or his designated representative
that he has made an investigation of the applicant and premises sought
to be licensed by such applicant, and finds compliance with this article
and all ordinances and laws required to be enforced by him and that
there is no evidence that the applicant has been convicted of a crime
involving moral turpitude, sale or possession of a controlled dangerous
substance or gambling related offenses.
(f)
Certification by the Fire Chief or his designated representative
that he has made a thorough inspection of the premises and finds compliance
with this article and all ordinances and laws required to be enforced
by him.
(g)
Certification by the building inspector or his designated representative
that he has made a thorough inspection of the premises and finds compliance
with this article and all ordinances and laws required to be enforced
by him.
(h)
Adoption by the Town Council of the Town of Westfield of a resolution
granting such license upon compliance with this article and the aforesaid
requirements.
[G.O. No. 567, § 6; G.O. No. 1302, § 1;
G.O. No. 1347, § 1; G.O. No. 1354, § III]
(a)
Not more than one amusement or entertainment machine or device as
defined in this article shall be permitted for each 100 square feet
of net floor area or fraction thereof as the same is defined herein.
The building inspector shall determine the number of square feet of
net floor area in each prospective licensed premises which is subject
to this article and certify to the Town Council the net floor area
available for such machines and the maximum number permitted.
(b)
Each premises shall have one means of egress which shall comply with
all requirements of the BOCA Basic Building Code and any and all other
code requirements imposed by the State of New Jersey.
(c)
Particular emphasis shall be placed upon obstruction to exits and
free flow of pedestrian traffic to, by, through and around said machines
or devices. Location in accordance with the above criteria shall be
subject to specific approval by the appropriate fire prevention authorities
of the Town of Westfield and the specific approval of the Police Department
of the Town of Westfield.
(d)
There shall be at least one foot of open space between each machine
and between a machine and an adjacent wall or partition.
(e)
Machines or devices shall not be located so that persons using same
or observing their use are adjacent to a window or plate glass closer
to the floor than five feet.
(f)
There shall be adequate ventilation and bathroom facilities provided
for the expected number of patrons and observers of the machines.
[G.O. No. 567, § 7; G.O. No. 1302, § 1;
G.O. No. 1347, § 1]
(a)
At the time of the initial application or annual renewal thereof,
the Chief of Police or his designated representative shall make or
cause to be made an inspection of the premises described in the application
and the type of machine applied for, shall attach to the application
upon completion of his inspection and investigation his report in
writing which shall state the nature and type of machine or device,
the place where and when it is operated or maintained, the name of
the proprietor of the store or premises at or in which the machine
or device is to be operated or maintained, the name and address of
the owner of the premises at or in which the machine or device is
to be operated or maintained, the name and address of the owner of
the particular machine or device, the recommendations of the Chief
of Police and any other pertinent information the Chief of Police
deems necessary. He shall file his report with the Town Clerk and
a copy with the Fire Chief and building inspector. He shall also determine
compliance with all other applicable laws or ordinances required to
be enforced by him. He shall also cause a review to be made of the
applicant's criminal record, if any, and shall note and report
any violation of the Town Code or conviction of a crime involving
moral turpitude, sale or possession of a controlled dangerous substance
or gambling related offenses. During such time as the license is in
effect subsequent to the initial application and each annual renewal,
the Chief of Police or his designated representative shall inspect
the premises at least once per month to ensure continued compliance.
(b)
At the time of the initial application or annual renewal thereof, the chief of the Fire Department or his designated representative shall make or cause to be made an inspection of the premises described in the application, with reference to fire safety generally and the requirements of Section 5-20 of this article. He shall also determine compliance with all other applicable laws or ordinances required to be enforced by him. Upon completion of the inspection the chief of the Fire Department or his designated representative shall issue a written report with all findings, violations of laws or ordinances, if any, and his recommendations and shall file said report with the Town Clerk and shall file a copy of said report with the Chief of Police and building inspector. During such time as the license is in effect subsequent to the initial application and each annual renewal, the Fire Chief or his designated representative shall inspect the premises at least once per month to ensure continued compliance and the safety of the patrons of the licensed premises.
(c)
At the time of the initial application or annual renewal thereof, the building inspector or his designated representative shall inspect the proposed premises and measure the proposed licensed premises and determine the net floor area in accordance with this article. Upon completion of this measurement he shall issue a written report with his findings which shall include the maximum number of machines for which this premises may be licensed and shall file said report with the Town Clerk, Chief of Police and chief of the Fire Department. He shall also determine compliance with Section 5-20 of this article and all other applicable laws or ordinances required to be enforced by him. During such time as the license is in effect subsequent to the initial application and each annual renewal, the building inspector or his designated representative shall inspect the premises at least once per month to ensure continued compliance.
[G.O. No. 567, § 8; G.O. No. 1302, § 1;
G.O. No. 1347, § 1]
(a)
The licensee shall not permit any machine to emit loud and disturbing
noises and shall at all times control the sound so as not to cause
disturbance to persons in the vicinity of the machine. The machine
shall not be placed so that the sound is disturbing to the public
in the streets, or to other persons occupying buildings in the immediate
vicinity.
(b)
The Police Department upon complaint shall be the sole judge as to
whether or not the machine is causing an annoyance to others, in accordance
with the ordinances of the Town of Westfield governing noise. If after
investigation of such complaint by the Police Department the machine
is found to be disturing the peace and good order of the neighborhood,
the police shall request the Town of Westfield to revoke the license
and in that event shall rebate to the licensee a proportionate share
of the license fee, and thereafter such machine shall be removed from
the premises.
(c)
The licensee at any time may substitute one machine for a similar
machine without additional license fee, provided however that he shall
first apply to the Town Clerk of the Town of Westfield for permission
to make such exchange and shall submit a signed letter stating what
machines and serial numbers are to be removed and what machines and
serial numbers will be substituted therefor. A copy of the same letter
shall be attached to the license.
(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 Town of Westfield.
(e)
Every license shall apply only to the machine and the person to whom
issued and for the premises and location stated in the application
and shall not be transferable unless the transfer is first approved
by the Mayor and Council by resolution, as provided herein, and only
after compliance by the proposed licensee with all requirements of
this article which shall include an appropriate application.
(f)
The operator shall not permit, suffer to allow any person to bet
or gamble in any form or manner on the licensed premises and shall
prevent any immoral or illegal conduct or activity from occurring.
(g)
No person on the license premises shall have illegally in his possession
or under his control or offer to another any controlled dangerous
substance nor shall the operator and/or owner-operator permit, suffer
or allow such person on the licensed premises.
(h)
No operator shall permit the operation of any amusement or entertainment
machine or device between the hours of 0200 and 0900 hours.
(i)
No operator shall permit, suffer or allow the unlawful sale or consumption
of alcoholic beverages upon the licensed premises.
(j)
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, and shall be required to
provide a security guard on the premises for any premises where more
than five machines are located during all such times as the machines
or devices are in operation. Such security guard shall have no other
duties but the supervision of those using the machines and any other
persons gathered to observe the play on such machines, including those
outside the premises. Such security guard shall be over 21 years of
age and shall be in a uniform sufficient to identify that he is a
security guard.
(k)
No person shall by threats, promises or intimidation seek to control
or direct the placement or removal of any machine or device or amusement
or entertainment machine or device from the premises or location within
the Town of Westfield, and any such threat, promises or intimidation
shall be reported immediately to the Police Department.
[G.O. No. 1347, § 1]
Application for an operator's and/or distributor's
license shall be in writing, addressed to the Town Clerk and be filed
in duplicate with the Town Clerk of the Town of Westfield. Such application
shall set forth the following information:
(a)
Full name and address of applicant.
(b)
If applicant is an individual, the age, date and place of birth of
applicant.
(c)
If 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 of the issued and outstanding capital stock of said corporation.
(e)
Prior criminal record, if any, of each applicant, of any jurisdiction.
(f)
Full description of all amusement games, coin-operated amusement
games, machines and amusement machines and devices, including serial
number, if any, name of manufacturer, place of manufacture and year
of manufacture.
(g)
Place where the machines or devices are to be displayed and business
is to be conducted or carried on.
(h)
Exact location of the machines or devices in the business premises
as indicated on the floor plan, drawn to scale, which shall show all
permanent or semi-permanent fixtures, shelves, etc., as established
in the place of business, and said location of said machines or devices
shall be such that it shall not interfere with the safe use of the
premises by the patrons thereof. The application must contain the
total number of square feet to which the applicant customarily invites
or permits the public to occupy and use.
(i)
The name and address of the registered agent of the applicant or
person upon whom service of process is authorized to be made. The
aforesaid registered agent or person upon whom service of process
is authorized shall be a resident of the State of New Jersey.
(j)
If the applicant is a corporation, there shall be included a corporate
resolution in proper form authorizing the execution of the license
application on behalf of the corporation.
(k)
Each application shall contain a certification, under oath, made
by the applicant that the information contained in the application
and all attachments thereto is complete, accurate and truthful to
the best of his knowledge and belief.
(l)
Each application shall be accompanied by a deposit in cash or certified
check to cover the annual license fee for one year in the amount hereinafter
provided.
(m)
If the application is for more than five machines to be located on
a single premises, all the aforesaid personal information must also
be supplied for the proposed security guard. Such information must
also be supplied for each replacement security guard prior to his
employment in such premises.
|
The Town Clerk shall request a review of the applicant's
criminal record, if any, and that of any proposed security guard by
the Police Department. Violation of any section of the Town Code or
conviction of one or both of the applicants or the proposed security
guard of a crime involving moral turpitude, possession or sale of
a controlled dangerous substance or gambling related offenses, will
constitute a basis for denial or the application or renewal thereof.
Such conviction shall also bar any replacement security guard from
being employed by such operator.
|
[G.O. No. 1347, § 1]
(a)
The annual fee for a distributor of any amusement game, machine or
device shall be $100 for each machine licensed.
(b)
The annual fee for an operator of any amusement game, machine or
device, which shall include the premises where the game or games are
located, shall be $500 for the first machine or device licensed and
$400 for each additional machine licensed.
(c)
A Town decal will be provided and shall be attached in plain view
on the amusement machine or device for which it was issued. Full fees
shall be paid at every license application filing. There shall be
no pro-rating of established fees and no refunds if a machine or machines
are removed from a premises.
(d)
All licenses shall be for a period of one year and shall expire one
year from the date of issuance.
(e)
All fees are to be paid by cash or certified check made payable to
the Town of Westfield.
[G.O. No. 1347, § 1]
Upon expiration of the license first issued by the Town Council,
the license may be renewed by the Town Clerk if all the requirements
of this article are satisfied, without subsequent Town Council approval.
The Town Clerk shall require the same review and inspection as with
the initial application, and if the Clerk is satisfied that the criteria
set forth herein are complied with, shall issue a renewal license.
An applicant for a renewal license which has been denied by the Clerk
may appeal such denial to the Town Council.
[G.O. No. 1347, § 1]
(a)
The license for the premises and each machine thereon shall at all
times be publicly posted and displayed conspicuously in the immediate
vicinity of the machines referred to therein. The license shall disclose
the name of the manufacturer, serial number, name and post office
address of the licensee, the name and post office address of the actual
owner, and the name and post office address of the distributor, if
any, of the machine or device, the amount of the license fee, and
the amount of money required to operate the machine, the number of
machines or devices the licensee is permitted to operate on the premises;
and in addition thereto, any facts which may from time to time be
required to be stated on the license, and shall briefly state that
the machine or device has been licensed by the Town of Westfield for
operation in the specific location where the machine or device is
placed.
(b)
The decal issued by the Town Clerk shall at all times be affixed
to the machine or game.
[G.O. No. 1347, § 1]
Upon application to the Town Council, the Council may, in their
discretion, transfer a license from one premises to another or one
licensee to another so long as the applicant has complied with all
provisions of this ordinance.
[G.O. No. 1347, § 1]
Every license issued hereunder is subject to revocation by the
Town Council should the licensee, distributor and/or operator, distribute
or operate any device or any amusement or entertainment machine or
device contrary to the provisions of this article or any other law,
ordinance, rule or regulation or fail to cooperate fully with any
enforcement officer or agency. Any material misstatement or omission
in the license application or in any information submitted therewith
or the failure to notify the Town Clerk in writing of any changes
by addition or deletion or amendment to the application or information
during the term of any license or renewal shall constitute sufficient
ground for revocation of the license. Such revocation shall be by
the Town Council after a hearing. The licensee shall be given 10 days'
notice of the hearing and such notice shall state the grounds therefor.
At such hearing the licensee may submit relevant information in his
own behalf and cross examine witnesses.
[G.O. No. 1347, § 1]
No person shall use or permit to be used any of the machines
or devices licensed under this article for the purpose of gambling.
[G.O. No. 1347, § 1]
If the Chief of Police shall have probable cause to believe
any device or any amusement or entertainment machine or device is
used for gambling, such machine or device may be seized by the Police
Department and impounded, and may be considered as contraband by law.
[G.O. No. 1347, § 1]
All the provisions of this article requiring a distributor's
and/or operator's license shall also apply to any church, fraternal
or veterans' organization or other religious or charitable non-profit
organization or governmental department or agency which operates any
amusement or entertainment machine or device exclusively for the use
of its members and the guests of such members and on premises owned
or controlled by it; provided that upon application to the Town Council,
the Town Council by resolution, may in its sole discretion waive 1/2
the fees required by this article.
[G.O. No. 1347, § 1]
Any person violating any provision of this article or failing
to comply therewith shall be punished by imprisonment in the county
jail or in any place provided by the Town of Westfield for the detention
of prisoners for any term not exceeding 90 days, or by a fine not
exceeding $500 or by both such imprisonment and such fine, and a separate
offense shall be deemed committed on each day during or on which the
violation or failure to comply occurs or continues. Upon conviction
no licensee shall thereafter transact the business of distributing
or operating amusement machines or devices in the Town of Westfield.
