The general power to license and to prescribe license fees is contained in N.J.S.A. 40:52-1, 2. Licensing is also a part of the general police power granted by N.J.S.A. 40:72-3 and N.J.S.A. 40:48-2.
It is hereby determined, declared and found that the Borough of Point Pleasant Beach constitutes a seashore resort with parts thereof customarily constituting an amusement or entertainment area, according to the customary understanding of the terms in the community, and the parts are more particularly described as follows:
All of that area both east and west of the Boardwalk easement and right-of-way, or the same if extended, where adjoining structures are presently located or may, pursuant to the ordinances of the Borough of Point Pleasant Beach, be constructed from the northerly line of the street end known as Parkway southerly to a point 112.50 feet south of the southerly line of the street and known as New Jersey Avenue.
It shall be unlawful for any person to own or operate within the Borough of Point Pleasant Beach any amusement game or games, as the terms are defined by the "Amusement Games Licensing Law" (Chapter 109, P.L. 1959), whether the game or games be played and operated with or without numbers, names or symbols, without first having obtained a license from the mayor and council of the Borough of Point Pleasant Beach to do so. The licenses shall be issued pursuant to and subject to the provisions of "Amusement Games Licensing Law" (Chapter 109, P.L. 1959). No municipal license shall become operative unless and until the licensee named therein has procured a state license from the State Commissioner of Amusement Games Control and has affixed the state license certificate to the municipal license certificate.
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Editor's Note: Prior to the issuance or renewal of any license or permit, applicants must comply with the provisions of section 5-14, "Payment of Real Estate Taxes Prior to the Issuance of Licenses or Permits," as codified in the Borough Code.
Each applicant for a license shall file with the municipal clerk a written application in the form prescribed by and in accordance with the "Amusement Games Licensing Law" (Chapter 109, P.L. 1959), as amended and supplemented, and the rules and regulations promulgated by the Amusement Games Control Commissioner of the State of New Jersey.
Each individual applicant, the officers (including the officers, directors and stockholders of any corporation holding five percent or more stock of any corporate applicant, as well as the partners or members of any partnership, association or organization applicant, must submit to fingerprinting upon initial application for license. Failure or refusal of any of the above-designated persons to submit to fingerprinting shall be deemed cause for denial of the application. Any fees for fingerprinting and other investigations shall be paid for directly by the applicant. No license shall be issued to any applicant if any of the persons fingerprinted in connection with the application are not of good moral character or have been convicted by a crime as set forth in the New Jersey Administrative Code or New Jersey Statutes.
There shall be a limit of 40 amusement games licenses issued within the Borough of Point Pleasant Beach. The fees which shall accompany the application for license and which are payable to the Borough of Point Pleasant Beach for the types of licenses to be issued shall be as follows:
Permissible Amusement Games Certification No. 1 - Throw games wherein a single player upon payment of a fee is furnished a number of balls, hoops, darts or other objects, or uses his own coins to be hand-thrown, rolled or propelled at, into, or upon targets, with prizes awarded according to results achieved — generally known as a Basketball game, Dart game, Coin Pitch game, Roll Down game, Bushel Basket, Ball Toss and such similar games. Fee — five hundred ($500.00) dollars per license. In this category, there shall be only one game per license.
Permissible Amusement Games Certification No. 2 - Arcade games wherein a single player upon payment of a 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 — generally known as a Crane machine, Skeeball, Wacky Gator, Rotary Merchandiser, Silver Skis, Coin Pusher, Hoop Shoot and such similar games, including electronic games. There is no restriction on the number of machines or devices that may be installed or available under one arcade license. If any machine or device has more than one player position, each player position shall be considered a separate machine or device in calculating the municipal license fee. Fee - one thousand ($1,000.00) dollars for the first 50 player positions and an additional ten ($10.00) dollars for each player position thereafter.
Permissible Amusement Games Certification No. 3 - Games wherein a single player upon payment of a fee is permitted to make a blind selection of one object from a number of objects, the object selected being the prize won or indicating the prize won — generally known as Duck Pond Game, Fish Pond Game, Grab Bag Game, Pick-the-Stick Game, and such similar games. Fee - five hundred ($500.00) dollars per license. In this category, there shall be only one game per license.
Permissible Amusement Games Certification No. 4 - Competitive games wherein several players upon payment of a fee are permitted to compete against each other for a prize to be awarded to the player who first achieves the required result — generally known as Bowlo, Fascination, Greyhound, Skilo, Throw Fascination, Water Gun and such similar games. Fee — seven hundred fifty ($750.00) dollars per license up to 100 seats; 100-200 seats, $1,375.00; 201 — 350 seats, $2,000.00; over 350 seats - $3,000.00.
Permissible Amusement Games Certification No. 5 - A game of chance (generally known as Stop and Go games) incorporating a laydown board marked in segments bearing numbers, names or symbols whereon the player or players place the entry fee as an indication of choice of expected winner. Fee - seven hundred fifty ($750.00) dollars per license. In this category, there shall be only one game per license.
Permissible Amusement Games Certification No. 6 - Guessing games wherein a single player upon payment of a fee is entitled to win a prize in the event that the operator is unable to guess, within announced limits, the weight or age of the player — generally known as Guess Your Weight and Guess Your Age. Fee - five hundred ($500.00) dollars per game. In this category, there shall be only one game per license.
Permissible Amusement Games Certification No. 7 - A game wherein a single player upon payment of a fee is entitled to win a prize in the event that within a permitted number of tries he rings a bell or gong a required number of times by striking with a maul one end of a horizontal level arm the other end of which propels a weight upward along a vertical wire at the top of which the bell or gong is located — generally known as Ring the Bell Game or High Striker Game. Fee - five hundred ($500.00) dollars per game. In this category, there shall be only one game per license.
Permissible Amusement Games Certification No. 8 - Miscellaneous skill games wherein a single player upon payment of fee is entitled to use a physical skill to attain a predetermined goal for which a prize is awarded — generally known as Log Roll, Rope Climb and such similar games. Fee - five hundred ($500.00) dollars per game. In this category, there shall be only one game per license.
Permissible Amusement Games Certification No. 9 - A game of chance incorporating a lay-down board marked in segments bearing numbers, names or symbols whereon the play or players place the entry fee as an indication of the choice of expected winner which is determined by a non-electrical and non-mechanical device set in motion by a player or players coming to rest — generally known as Pan Game, Crazy Ball and Crazy Block. Fee - seven hundred fifty ($750.00) dollars per game. In this category, there shall be only one game per license.
The mayor and council of the Borough of Point Pleasant Beach shall have and exercise control and supervision over all amusement games held, operated or conducted under each license, with all the powers authorized or granted to it under the "Amusement Games Licensing Law," and all amendments and supplements thereto, and the rules and regulations of the State Amusement Games Control Commissioner.
Disciplinary proceedings before the mayor and council, on a complaint made for a violation of the provisions of "Amusement Games Licensing Law" (Chapter 109, P.L. 1959), as amended and supplemented, and the rules and regulations promulgated by the State Amusement Games Control Commissioner, and by this chapter, shall be made on charges preferred against the licensee, signed in the name of the mayor and council. No hearing shall be held until a five-day notice of the charges preferred shall have been given to the licensee personally or by mailing the notice by registered or certified mail, return receipt requested, addressed to him at the licensed premises, and a reasonable opportunity to be heard thereon afforded to him. The licensee may be represented by an attorney of this state at the hearing. The mayor and council may suspend or revoke the license after a hearing on the charges for proper cause or may dismiss the charges.
In the event that 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 Games Control Commissioner, or the terms of the 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 him under this chapter.
Every amusement games license shall be valid, after being granted, from the 1st day of January to the 31st day of December in each calendar year. No matter when issued in the calendar year, full license fees as designated herein shall be paid. There shall not be any apportionment or rebatement of any license fees paid.
As used in this section, a prior license, under amusement games, is defined as a person who held a valid license through the preceding calendar year. A prior license shall have a prior right over others to renew his license. His prior right, however, will be vacated automatically, if he notifies the Borough Clerk in writing of his intention not to renew, or if he fails to apply for renewal on or prior to the 15th day of April. The aforegoing provision shall not give any licensee any property right in or to a license or its renewal and the same shall be subject at all times to the licensing power of the Borough as set forth in the statutes and laws of the State of New Jersey.