As used in this Article, the following words shall have the
following respective meanings:
Any coin-operated machine, device, apparatus, contrivance,
appliance or device which may be operated or played upon the placing
or depositing therein of any coin, check, slug, ball or any other
article or device or by paying therefor either in advance of or after
use, and operated by the public for use as a game, entertainment or
amusement, the object of which is to achieve either a high or low
score, which, by comparison to the score of other players, whether
playing concurrently or not, demonstrates relative skill or competence
or indicates in any other way competitive advantage of the player
over another, regardless of skill or competence. This shall include
devices such as marble machines, skill ball, pinball, mechanical grab
machines, machines or contrivances commonly known as "bagatelle,"
"baseball," "hockey," "football," "pool table," "target shooting,"
"shuffleboard or alley," "electronic video game," "miniature bowling
machine" or any similarly named device or any device which utilizes
an electronic display to reproduce symbolic figures and lines intended
to be representative of real games or activities, which machines or
devices are operated, maintained or used in any public or quasi-public
place or in any building, store or other place wherein the public
is invited or wherein the public may enter, which provide no free
play, no prizes and no return of any money. Specifically excluded
shall be any device, whether operated by coin or not, which merely
provides a ride, sensation, electronic reading or weight or use by
and to the amusement of the public or the dispensing or vending of
merchandise or music or any mechanical or amusement device which is
otherwise the subject of regulation and licensure in the Code of the
City of Orange Township.
Any operator or distributor of any such amusement or mechanical
devices or machines and the proprietor who shall file application
for the licensing of premises in the operation, maintenance and use
of amusement or mechanical device machines.
The Director of the Department of Community and Economic
Development in the City of Orange Township or his designee.
Any owner or lessee of such mechanical or amusement device
who supplies, installs or maintains the same in any one (1) place
of business which is not his own or under his direct control to be
played or operated by the public.
The Division of Inspection and Licensing in the Department
of Community and Economic Development, City of Orange Township, New
Jersey.
The location, store or building or auxiliary buildings, structures
or appurtenant structures owned or controlled by the applicant.
Refers to persons under the age of sixteen (16).
Any corporation, association, syndicate, joint-stock company,
partnership, club or society or individual.
The person in whose place of business any such mechanical
device or amusement machine is placed for the use, amusement, patronage
or recreation of the public or persons in or about said place. Exempted
from this regulation are businesses or premises which use amusement
or mechanical devices for display purpose only.
Any educational institution, public, private, secular or
parochial, which offers instruction of high-school grade or below.
A.
The purpose of this Article is to license, regulate and control the
licensing and use of automatic or mechanical amusement devices or
machines which are operated for the purpose of making a profit.
B.
The purpose of this Article is to further regulate the business of
amusement and mechanical devices or machines so as to prevent nuisance
to patrons and the public, hazards of overcrowding or the promotion
of gambling, loitering or the creation of an unhealthy atmosphere
to the public and the youth of this community and to review the applicants
seeking to maintain and operate such devices and to inspect the premises
where the same will be located.
A.
No person, whether proprietor or operator, shall place, maintain
or operate any amusement device on or within any public place, store,
building, club, society or organization without first having obtained
a license for the premises and a permit for the machines.
B.
No license or permit shall be issued except for an accessory use or for an amusement center without the applicant's first having filed an application as set forth in this Article and/or having met the requirements and obtaining the approval of the Planning Board, Chapter 210, Zoning and Land Development, of the Code of the City of Orange Township.
The Director of the Department of Community and Economic Development
or his designee is hereby designated as the licensing official who
shall issue licenses under this chapter to those persons who shall
apply for the same.
The applicant for a license and permit under the provisions of this Article shall obtain and file with the Division a written application on the form provided for that purpose, which shall be subscribed and sworn to by the applicant. A separate application must be filed for each location sought to be licensed. No application will be accepted unless accompanied by an application fee, payable in good funds, in the sum set forth in § 88-1, Schedule of fees. The application may be obtained from and the fee paid to the Director. The application shall include the following:
A.
The name, address and telephone number of the applicant, whether
proprietor, distributor/operator or both, including the trade name
by which the applicant does business and the street address of the
premises and, if incorporated, the name registered with the Secretary
of State.
B.
The name and address of the registered agent of the applicant or
person upon whom service of process is authorized to be made.
C.
The number of machines to be installed on the premises.
D.
Whether a previous license or permit of the applicant or, if applicable,
corporate officer of the applicant has been revoked within two (2)
years of filing of the application and whether the applicant or any
partner, officer, director or stockholder owning any more than ten
percent (10%) of the outstanding shares thereof has been convicted
of:
E.
The type, manufacturer and serial number of each amusement or mechanical
device sought to be operated. No license or permit will be issued
unless the serial number of the specific machine(s) is provided.
F.
The number and type of alcoholic beverage licenses, where applicable.
G.
The location where each amusement device or machine is to be located.
H.
Relevant and material information as may be deemed or reasonably
necessary by the Chief of Police for the full protection of the interests
of the patrons or the public in the operation and maintenance of the
premises and machines.
A.
Upon the filing of an original application and/or renewal, the Police
Department shall make an investigation of the premises and the applicant
to determine the truth of the facts set forth in the application as
well as the applicant's business responsibility and moral character
as is deemed necessary for the protection of the public good.
B.
Prior to the issuance of any license or permit, the Police Department, Fire Department, Inspection and Licensing Division or such other subcode officials, where applicable, as may be deemed necessary shall conduct an investigation of the premises to determine whether the applicant fully complies with the pertinent ordinances and regulations of the City of Orange Township. No license or permit for any amusement center may be issued for approval unless the applicant has complied with all terms and conditions of a resolution of the Planning Board or City Council, as the case may be, and as particularly set forth in Chapter 210, Zoning and Land Development, of the Code of the City of Orange Township.
C.
The recommendation or denial of each appropriate municipal official
in the Police Department, Fire Department and Inspection and Licensing
Division, as the case may be, must be submitted, in writing, to the
License Clerk, Inspection and Licensing Division, within twenty (20)
days of the date the application was filed.
All licensed premises shall be subject to inspection during
normal business hours by the members of the Police Department and
other representatives of the City of Orange Township.
A.
The Director shall review the application and investigation report
of each applicant. Based upon the recommendations of the appropriate
municipal officials and all relevant facts, the Director shall approve
or deny the application.
B.
If the applicant is approved, the Director shall issue the necessary license upon the receipt of a license and permit fee or fees as herein provided in § 88-1, Schedule of fees, of the Code of the City of Orange Township. The appropriate fee shall be paid to the Director prior to issuance of a license or permit.
C.
If the applicant is disapproved, the Director shall set forth the
reasons for the denial. In the event of an appeal from a denial or
disapproval, the applicant shall give written notice to the City Clerk
of his intention to appeal, which must be made within fifteen (15)
days of the notice of the denial. The appeal shall be by written request
by the applicant to the City Council and shall set forth the basis
for the applicant's objection to the denial and reasons why the license
and/or permit should be approved. Any municipal official recommending
denial shall then submit a written report to the City Council to be
considered as evidence with respect to the hearing.
D.
Upon hearing, the City Council may reverse, modify, in whole or in
part, or may affirm the decision. The hearing shall be in the nature
of an administrative proceeding, and the applicant shall bear the
requisite burden of proof to overcome the denial or disapproval of
issuance of the license or permit.
A.
The license for the placing, operation and maintenance or use of automatic amusement games, machines or devices as defined in this Article shall be issued to and in the name of the proprietor of the premises where the machine is to be installed and shall expire on December 31 next following the issuance thereof. The fee for the issuance of such license and permit for such machine shall be as provided in § 88-1, Schedule of fees, for each licensed premises and permit for each machine.
B.
A license and permit may be renewed annually by filing such renewal
application on or before November 1 of the following year on a form
prescribed by and directed to the Director. Such renewal application
shall not be filed with the Director until payment has been made of
the appropriate fee for the renewal thereof. The Police Department
shall investigate the renewal application and make recommendation
on reissuance or denial.
C.
The applicant is responsible for ongoing compliance with all city
codes and regulations. Any changes in ownership, use or other element
noted in this Article as affecting amusement devices shall be immediately
reported, in writing, to the Director.
A.
Each proprietor shall, at all times, display the license granted
herein, which shall be conspicuously posted at the location in the
premises where the machines or devices are operated and maintained
and shall not be removed from that location during the period for
which said license is issued. The license shall set forth the name
and address of the proprietor and the number of machines for which
permits have been issued by the City of Orange Township for the premises,
location or place in which the machines or devices are operated and
maintained.
B.
Before any such amusement device or machine may be placed, operated,
maintained or used in any place, there shall be affixed to the device
or machine in a conspicuous place and easily identified a permit.
No distributor/operator or other person shall supply or allow any
device or machine to be installed in any proprietor's place of business
which requires a permit as provided in this Article unless the proprietor
has been issued a license. The permit shall set forth the name or
type of machine, serial number and permit number, or other appropriate
identification as assigned by the Division.
A.
Amusement machines and devices licensed in amusement center establishments
shall be operated only during the following hours:
B.
No premises, place or location wherein the operation of any amusement
machine or device is the primary or accessory use shall permit any
minor to play or use any such machine during the academic year for
the City of Orange public schools between the hours of 7:00 a.m. and
3:00 p.m., except during school holidays, on Saturday and Sunday;
or between the hours of 10:00 p.m. and 7:00 a.m., Sunday through Thursday,
and between the hours of 12:00 midnight and 7:00 a.m., Friday through
Saturday.
A.
In all premises wherein the operation of amusement machines is a
primary use (amusement center) or an accessory where the primary use
of such premises is recreational, the proprietor and/or operator shall
employ one (1) or more adult supervisors at all times that the premises
is open to the public and whose responsibility shall be the control
and supervision of the games and the patrons on the premises or location.
The name and address and date of birth of the supervisor shall be
provided to the Police Department. The proprietor or operator shall
have a continuing obligation to keep current this information and
apprise the Police Department of any change in the name and/or address
of the adult supervisor. In all other premises where the operation
of amusement games and devices is an accessory use, the licenser or
a designated employee may serve as supervisor in addition to other
duties.
B.
Nothing set forth above shall preclude the Chief of Police in an
effort to control noise, overcrowding, loitering, crowd control and,
for the purpose of protecting the health, safety and welfare of the
patrons and the community at large, from recommending on-site supervision
on a required basis by the licenser, the expense of which shall be
that of the proprietor or operator. The Chief of Police has the authority
to close premises for violations of the city codes and regulations.
It shall be unlawful for any proprietor or operator or his agent,
servant or employee to knowingly permit or allow a person under the
legal age for purchasing alcoholic beverages, as established by the
laws of the State of New Jersey, to play or operate any of the amusement
machines or devices licensed and permitted under this Article when
the machines are upon any premises where the primary use is the sale
or consumption of alcoholic beverages. For the purpose of this section,
this prohibition shall not apply to restaurants or a business where
the sole or primary use is other than the on- or off-premises sale
or consumption of alcoholic beverages.
No proprietor or operator, by himself, directly or indirectly,
or by any servant, agent or employee, shall permit gambling or the
use, possession or presence of gambling in the operation and maintenance
of an amusement device or machine licensed hereunder or offer, permit,
suffer or allow any prize, free play or return of money on any such
machine. No person shall use such machine for the purpose of gambling
of any kind.
A.
Any time after granting said license or permit, the Director, in
the reasonable exercise of his discretion and for good cause, may
cause the suspension or revocation of any license or permit, including
but not limited to misrepresentation of the information supplied in
the application for such license or renewal thereof, conviction of
a crime or violation of any ordinance or regulation affecting the
health, welfare and safety of the patrons and the public or the conduct
and maintenance of the licensed premises fostering gambling, obscene
and loud language disturbing to the public or to other patrons of
the premises or creating public nuisance, excessive noise, litter,
traffic or rowdiness by patrons, or violation of a statute involving
gambling or a violation of this Article.
B.
A person whose license is revoked or suspended shall be afforded
the right to a hearing before the City Council and the right to be
represented by counsel and to call witnesses at such a hearing. The
Police Chief, Fire Chief and other appropriate municipal officials
shall present written reports and testimony as evidence against the
licensee or permit holder. The governing body shall render its decision
by a majority vote in the form of a resolution within thirty (30)
days after completion of the hearing unless there is an extension
of time agreed to by both the appellant and the City Council.
A.
If the Chief of Police shall have reason to believe that any device
or machine as specified in this Article is used as a gambling device,
the device or machine may be immediately seized by the Police and
impounded, and if, upon trial of the license for allowing the same
to be used as a gambling device, such licensee is found guilty, such
machine shall be confiscated and disposed of by the police. Such action
by the police shall not exonerate the licensee from such further punishment
if he should be found guilty as provided in this Article.
B.
If the Police Department shall discover the use, operation and maintenance
of amusement devices or machines being played by the public for which
the premises is not licensed or a permit issued for the machine, then
it may be impounded or seized until removed by the proper owner. Any
machine or device removed by the Police Department will not be released
to the owner until proof of ownership is provided and payment made
for the cost and expense to the city for the removal of the machine.
Such action by or at the direction of the Police Department shall
not exonerate such person from any further punishment in violation
of this Article. In the event that no one comes forward to claim the
machine then it may be disposed of pursuant to the laws of the State
of New Jersey governing the disposition of personal property by a
municipality.
A.
The operation of a license issued as an accessory use may transfer a license from one premises to another, provided that the licensee immediately notifies the Director of such transfer. The Director may, in his discretion, deny the transfer of the license from one premises to another if the public health, safety and welfare of the community may be jeopardized thereby. Any other license issued as a conditional use pursuant to Chapter 210, Zoning and Land Development, shall be transferred in accordance with an appropriate application made before the Planning Board in conjunction with inspection and investigation by the appropriate municipal departments.
B.
Licenses and permits issued under this Article shall in no event be transferable from one person to another, and if a license is terminated in accordance with the provisions of this Article or upon a voluntary surrender thereof by the proprietor or operator, there shall be no refund of any license or permit fee heretofore paid. There shall be a fee for all transfers from one place to another as set forth in § 88-1, Schedule of fees, of the Code of the City of Orange Township.
Any proprietor owning or operating a business lawfully in existence
upon the effective date of this Article shall be deemed to have been
issued a license hereunder, and any distributor/operator owning or
operating an amusement machine or device upon the effective date of
this Article shall be deemed to have been issued a permit hereunder,
provided that such proprietor and/or operator, within thirty (30)
days after said effective date, submits on a form prescribed by the
Director, a record of information of such existing business.
The Director shall be responsible for collection of application,
license and permit fees and renewals therein. Payment by the applicant
upon the filing of an application with the Division shall be so noted,
and the application shall be routed to the appropriate city departments
for review and recommendation or denial.
If any section, subsection, paragraph, sentence or clause of
this Article or any part thereof is for any reason held to be unconstitutional
or invalid or ineffective by any court of competent jurisdiction,
such decision shall not affect the validity or effectiveness of the
remaining portions of this Article or any part thereof.
Neither this Article nor any provision therein contained shall
include or apply to any act which is made a public offense by the
Criminal Code of the State of New Jersey or by any of the laws of
the State of New Jersey or the United States; nor shall this Article
or any provision therein contained authorize or permit or be construed
as authorizing or permitting the keeping, maintaining, possessing,
using or operating in this municipality of any contrivance or device
prohibited by law.
Any person who violates any of the provisions of this chapter
shall, upon conviction thereof, be subject to a fine not exceeding
five hundred dollars ($500.) or imprisonment for a period not exceeding
ninety (90) days, or both.
