[R.O. 1957; 6:2-1; MC 1974-9, § 1, May 20, 1974;
MC 1982-14, § 1, August 2, 1982]
(a)
The term automatic amusement device shall mean any machine, apparatus,
contrivance, appliance, or other device, which, upon the insertion
of a coin, slug, token, plate or disc, may be operated by the public
generally for the use as a game, entertainment or amusement, whether
or not registering a score.
It shall include, but not be limited to, such devices as marble
machines, pinball machines, skill ball, mechanical grab machines,
baseball or tennis, hockey, roadracing or bowling machines, coin-operated
electronically controlled games that are carried out on an electronic
screen, and all games, operations, or transactions similar thereto,
under whatever name they may be indicated.
(b)
Specifically excluded from the foregoing definition under subsection (a) are mechanical devices, commonly known as "juke boxes" and "vending machines."
(c)
Pool tables, billiard tables and games commonly known as bagatelle and bumper pool, whether coin-operated or not, are specifically covered by Chapter 9, Article 8, of these Ordinances.
(d)
The term arcade shall mean any place or premises where six (6) or
more automatic amusement devices are maintained for use and operation
by the public.
(e)
The term accessory use shall mean the use, operation, control, maintenance
or ownership of five (5) or less automatic amusement devices by a
business or establishment, conducted on the licensed premises, of
which the non-automatic amusement device business produces more than
ninety (90%) percent of the total gross annual income of such business
or establishment.
(f)
The term premises shall mean a building, or a part thereof, in which
an automatic amusement device is owned, operated, located, or maintained.
[R.O. 1957; 62-1,6:3-2; amended by MC 1973-23, § 1,
June 18, 1973; MC 1974-9, § 1, May 20, 1974; MC 1982-14,
§ 1, August 2, 1982]
(a)
No person shall operate, maintain or use in any public or quasi-public
place or in any building, store or other place where the public is
invited, any automatic amusement device without first obtaining a
license.
(b)
No automatic amusement device license shall be issued to any person
who has been convicted of a crime involving moral turpitude, or convicted
of any statutory, disorderly person or ordinance offense involving
gambling.
(c)
No person shall operate an arcade or maintain automatic amusement
devices without first registering said operation, which is separate
from licensing of a device but a part of the same application therefor.
[Amended by MC 1974-9, § 1, May 20, 1974; MC 1982-14,
§ 1, August 2, 1982]
Application for automatic amusement device license shall be
made in writing to the License Bureau, on a form signed by the applicant,
containing the following information.
(a)
Full name and address of each person interested as an owner or lessee
of the premises where the device will be placed.
(1)
If a corporate owner, name and address of each corporate owner
holding ten (10%) percent or more of the outstanding stock;
(b)
Location and description of the premises in which the device will
tie placed, operated or maintained;
(c)
Number of devices to be licensed or distributed;
(d)
A statement that the machine or mechanism table is not used as a
gambling device and only in games of skill for amusement purposes;
(e)
Each application must be accompanied by an affidavit; properly notarized,
revealing the source of all funds used in the purchase of the licensed
business and all additional financing in connection with said operation;
(f)
Each application is to include a registration statement of the business
operation, whether arcade or as an accessory use, and will be assessed
a registration fee.
[R.O. 1957; 6:2-3; amended by MC 1974-9, § 1, May
20, 1974; MC 1982-14, § 1, August 2, 1982]
(a)
Before any license is issued under this article, the License Bureau
shall cause to be investigated the information called for by the form
in respect to the truth of the applicant and all circumstances bearing
on the proposed license.
(b)
The License Bureau shall report the findings of the investigation
in writing to the Mayor or his designee.
[Amended by MC 1982-14, § 1, August 2, 1982]
(a)
No licensee shall employ or have associated with him in any business
capacity whatsoever any person who refuses to submit himself for fingerprinting.
[Amended by MC 1982-14, § 1, August 2, 1982]
An automatic amusement device license may be issued, in the
discretion of the City Council, and of the Mayor, provided it is in
the public health, safety and welfare, and upon the satisfaction of
all of the following requirements:
[R.O. 1957; 6:3-4; amended by MC 1974-9, § 1, May
20, 1974; MC 1982-14, § 1, August 2, 1982]
The device license shall state the:
[R.O. 1957; 6:2-3; amended by MC 1974-9, § 1, May
20, 1974; MC 1982-14, § 1, August 2, 1982]
An automatic amusement device license shall be issued only to
the actual proprietor of the premises to be licensed.
[Amended by MC 1982-14, § 1, August 2, 1982]
Automatic amusement device license shall be issued for a period
of one (1) year from June 1 to the last day of May of the following
year.
[R.O. 1957; 6:23; amended by MC 1974-9, § 1, May
20, 1974; MC 1982-14, § 1, August 2, 1982]
(a)
All automatic amusement device licenses issued shall be numbered
consecutively and designate the number of devices to be maintained
on the premises.
(b)
All such licenses shall contain a paragraph stating that the devices
mentioned in the license may be used in a game of skill for amusement
purposes only, and not for gambling purposes.
[MC 1974-9, § 1. May 20, 1974; MC 1982-14, § 1,
August 2, 1982]
The Police Division shall make periodic inspections of all automatic
amusement devices under this article to insure that the licensee is
in compliance with all of the terms and provisions of his license.
[R.O. 1957; 6:2-3, 2-5, 6:3-5; amended by MC 1974-9, § 1,
May 20, 1974; MC 1982-14, § 1, August 2, 1982]
(a)
In the event of a sale or transfer of the licensed business, the
license for an automatic amusement device may be transferred on the
payment of a transfer fee.
(b)
Prior to the transfer of an automatic amusement device license, the
Chief of Police shall investigate the transferee, as provided herein
and approve such transferee by certificate.
(c)
Upon application to the License Bureau and the payment of the prescribed
transfer fee, the holder of a license may replace one (1) automatic
amusement device for another device of identical nature or type in
place of the original device licensed by the licensee.
(d)
Upon application to the License Bureau and payment of the prescribed
transfer fee, a licensed device may be transferred from one (1) location
to another, provided such transfer complies with this article.
[MC 1982-14, § 1, August 2, 1982]
(a)
Arcades. Arcades may operate between the hours of 10:00 A.M. to 10:00
P.M., Monday through Saturday, inclusive, and between the hours of
1:00 P.M. and 10:00 P.M. on Sunday.
(b)
Accessory use. The hours of operation of the automatic amusement
device shall be the same as the regular hours of opening of the primary
business, except that, in no event, shall the devices be operated
after 2:00 A.M.
[MC 1982-14, § 1, August 2, 1982; MC 1982-18, § 1,
September 7, 1982]
(a)
No person under the age of eighteen (18) years shall be permitted
to play and operate any machine or device licensed pursuant to this
chapter between the hours of 10:00 A.M. and 3:00 P.M. during regular
school days of the Plainfield public school system, unless such person
is accompanied by his parent, guardian or other supervisory adult
who is over the age of twenty-one (21) years.
(b)
At an times during the hours of operation of the licensed premises,
there shall be present on the premises at least one manager who shall
be not less than eighteen (18) years of age in order to provide adequate
control and supervision of the licensed premises and the use of the
automatic amusement device present therein.
[MC 1982-14, § 1, August 2, 1982]
No automatic amusement device shall be located, operated or
maintained within one thousand (1,000) feet of any public or private
school, or within three hundred (300) feet of any residence. Under
this section distance shall be measured in the most direct line or
route on, along or across any street.
[MC 1982-14, § 1, August 2, 1982]
The original license, or a legible photographic copy thereof,
issued under this article shall be displayed at or near the entrance
of the licensed property and such display shall be in a conspicuous
location so that it can be easily and quickly identified.
[MC 1982-14, § 1, August 2, 1982]
Any licensee, or other person who violates any provision of
this article shall be subject to a mandatory fine of Five Hundred
Dollars ($500.00) per machine per day and may be subject to imprisonment
for a term not exceeding ninety (90) days, or both. Each day that
such violation continues shall constitute a separate offense.
[MC 1982-14, § 1, August 2, 1982]
(a)
No licensee shall, during business hours, allow, permit or suffer
in or upon the licensed premises any disturbances, lewdness, immoral
activities, brawls, unnecessary noises, unlawful acts or unlawful
trespasses, so as to interfere with the free and uninterrupted use
of such licensed premises by others lawfully there.
[MC 1982-14, § 1, August 2, 1982]
(a)
Nothing in this article shall in any way be construed to authorize,
license or permit any gambling devices whatsoever, or any mechanism
that has been judicially determined to be a gambling device, or in
any way contrary to law, or that may be contrary to any future laws
of the State of New Jersey.
[MC 1982-14, § 1, August 2, 1982]
(a)
No licensee shall possess, allow or suffer on or about the licensed
premises any slot machine or device in the nature of a slot machine
which may be used for the purpose of playing for money or other valuable
thing.
[MC 1982-14, § 1, August 1982]
(a)
No licensee shall engage in, allow, permit or suffer in or upon the
licensed premises the conduct of any lottery, or any ticket or participation
right in any lottery to be sold or offered for sale.
(b)
No licensee shall possess, have custody of, allow, permit or suffer
any such ticket or participation right in or upon the licensed premises.
(c)
This section shall not apply to bingo and raffles, or tickets of
participation rights therein, being conducted pursuant to appropriate
license.
[MC 1982-14, § 1, August 2, 1982; MC 1982-18, § 1,
September 7, 1982]
(a)
A registration fee for each arcade license shall be One Hundred Dollars
($100.00) per year (six (6) or more machines).
(b)
A registration fee for each accessory use license shall be Twenty-Five
Dollars ($25.00), per year (five (5) or less machines).
(c)
A device fee shall be Five Hundred Dollars ($500.00) per device,
per year.
(d)
A transfer of license ownership fee shall be Fifty Dollars ($50.00)
per transfer.
(e)
No fee shall be charged for the transfer of a device. However, the
transferor of the device shall give written notice to the License
Bureau of such transfer within seven (7) days of such transfer.
[MC 1982-14, § 1, August 2, 1982]
(a)
No licensee shall allow, permit or suffer in or upon the licensed
premises the presence of any known prostitute, gangster, racketeer,
notorious criminal, or other persons of ill repute.
(b)
No licensee shall allow, permit or suffer in or upon the licensed
premises any unlawful activity pertaining to narcotic or other drugs,
or other controlled dangerous substances as defined by the New Jersey
Controlled Dangerous Substances Act (N.J.S.A. 24:21-1 et seq.) or
any prescription legend drug, in any form, which is not narcotic,
depressant or stimulant drug, controlled dangerous substance as so
defined.
(c)
No licensee shall allow, permit or suffer the licensed premises to
be accessible to any premises upon which any illegal activity or enterprise
is carried on, or the licensed premises or business to be used in
furtherance or aid of or accessible to any illegal activity or enterprise.
[MC 1982-14, § 1, August 2, 1982]
(a)
Interim suspension. Nothing in the provisions of this section shall
preclude the right of the Mayor to suspend or revoke the license of
the licensee, as follows:
The Mayor may temporarily suspend any license issued under the
terms of this article when he has reason to believe that the continued
operation of a particular licensed premises will immediately threaten
the welfare of the community or create an imminent danger of violation
of applicable law. In such case, he may, upon the issuance of a written
order stating the reason for such determination, and without notice
or hearing, order the licensed premises to be closed for not more
than seven (7) days, provided that the licensee shall be given an
opportunity to be heard in a public hearing during the seven (7) day
period, and further provided that if such licensee shall also be engaged
in the conduct of other businesses on the licensed premises, such
order shall not be applicable to such other businesses.
(b)
Formal suspension or revocation; notice and hearing required.
(1)
The Mayor may suspend or revoke any license issued under the
terms of this article upon due notice to the licensee of the time
and place of a public hearing that the licensee has failed or refused
to comply with the terms of this article, has failed or refused to
comply with other law applicable to the business of keeping or providing
coin operated amusement devices, or has been convicted by a court
of competent jurisdiction of a violation of any provision of this
article.
(2)
Formal suspension or revocation of license may be made upon
five (5) days' written notice of the charges preferred against the
licensee shall have been given to him personally or by mailing the
same by registered mail addressed to him at the licensed premises
and a reasonable opportunity to be heard thereon afforded to him.
(3)
A suspension or revocation of licensee shall be effected by
a notice of writing of such suspension or revocation, designating
the effective date thereof, and in case of suspension, the term of
such suspension, which notice may be served upon the licensee personally
or by mailing the same by registered mail addressed to him at the
licensed premises. Such suspension or revocation shall apply to the
licensee and to the licensed premises.
(4)
A revocation shall render the licensee and the officers, directors
and each owner, directly or indirectly, of more than ten percent (10%)
of the stock of the corporate licensee ineligible to hold or receive
any other license, of any kind or class under this chapter, for a
period of two (2) years from the effective date of such revocation.
A second revocation shall render the licensee and the officers, directors
and each owner, directly or indirectly, of more than ten percent (10%)
of the stock of a corporate license ineligible to hold or receive
any such license at any time thereafter.
(5)
Any revocation may, in the discretion of Council and the Mayor,
render the licensed premises ineligible to become the subject of any
further license, of any kind or class under this chapter, during a
period of two (2) years from the effective date of revocation.
(6)
In a suspension or revocation proceeding, it shall be sufficient,
in order to establish a violation of this article by the licensee,
to show that the violation was committed by the agent, servant or
employee of the licensee. The fact that the licensee did not participate
in the violation or that his agent, servant, or employee acted contrary
to instructions given him by the licensee, or that the violation did
not occur in the licensee's presence shall constitute no defense to
the charges preferred in such proceeding. The burden of proof of a
violation shall be on the party charging same. Proof of a violation
shall be sufficiently established where there is a reasonable basis
for concluding the existence of a violation.
[MC 1982-14, § 1, August 2, 1982; MC 1982-18, § 1,
September 7, 1982]
(a)
On July 1, of each year, each licensee shall register with the Chief
of Police or his designee, all engaged in the establishment, which
registration shall provide the following:
(1)
Name, address, age and citizenship.
(2)
History of any conviction of any crime involving moral turpitude.
(3)
Each such employee shall be required to be fingerprinted once
for a reasonable fee under the supervision of the Chief of Police,
or his designee, at such time and place as shall be designated by
the Chief of Police. The fingerprints shall be marked "non-criminal"
and shall be filed with the Chief of Police.
(4)
Any other relevant information requested by the Chief of Police
or his designee.
