[Adopted 12-10-63; amended 12-23-68 by Ord. No. 68-122; 6-25-79 by Ord. No. 79-145; 12-26-90 by Ord. No. 90-73; 6-10-91 by Ord. No. 91-62; 6-24-91 by Ord. No. 91-73; 9-26-91 by Ord. No. 91-94; 11-8-93 by Ord. No. 93-65; 8-10-98 by Ord. No. 98-23]
[Amended 12-26-90 by Ord. No. 90-73]
As used in this Article, the following terms shall have the meanings indicated:
DISTRIBUTOR
Any person who supplies any mechanical or electronic amusement device to another for use in his place of business, whether under lease or any similar arrangement.
MECHANICAL OR ELECTRONIC AMUSEMENT DEVICE
Any machine which may be operated by the public for entertainment or amusement, whether the machine is coin-operated or not and whether or not it registers scores or tallies. Examples of mechanical or electronic amusement devices are pinball machines, bowling machines, mechanical grab machines, Skee-Ball machines, pokerino machines, juke-boxes, video games, and similar devices. The enumeration is intended to be typical and shall not be construed as exclusive. All "mechanical or electronic amusement devices" are subject to the zoning requirements of the East Brunswick Code. Such devices are permitted uses only in the C-3, HC-1, HC-2, HC-3 and MXD Zones. The installation of "mechanical or electronic amusement devices" shall be considered to be an amusement facility subject to the remaining provisions of the Code of the Township of East Brunswick.
[Amended 12-23-68 by Ord. No. 68-122; 6-25-79 by Ord. No. 79-145; 12-26-90 by Ord. No. 90-73]
OPERATOR
Any person in whose place of business any mechanical or electronic amusement device is placed or kept for operation by the public.
[Amended 12-26-90 by Ord. No. 90-73]
No person shall distribute or operate a mechanical or electronic amusement device within the Township of East Brunswick without having first obtained a license and paid the required license fee.
A. 
No coin-operated amusement device shall be placed, maintained, operated or used in any public place, quasi-public place, or in any building, store or other place wherein the public is expressly or impliedly invited or may enter within the municipal limits of the Township without the distributor or the owner-proprietor thereof having first obtained a valid distributor's license, and the proprietor or the owner-proprietor thereof having first obtained a valid proprietor's license for each such device.
B. 
No distributor shall place any such device with any unlicensed proprietor, nor shall any proprietor receive any such device from any unlicensed distributor.
Applicants for distributor's or operator's licenses which are associations shall supply the information required by § 135-2 for all members of the association. Applicants which are corporations shall supply the information required by § 135-2 for all officers and directors and for all stockholders of the corporation who own more than ten percent (10%) of its issued and outstanding capital stock. Corporations shall also supply the name and address of their registered agent.
Applicants for licenses under this Article shall not be required to supply the physical description and photographs required by § 135-2 but shall be required to supply a description of the machine or device sought to be licensed.
[Amended 12-26-90 by Ord. No. 90-73; 6-10-91 by Ord. No. 91-62; 9-26-91 by Ord. No. 91-94; 11-8-93 by Ord. No. 93-65]
A. 
Distributors shall be charged the following fee:
(1) 
Amusement games, per calendar year, one hundred fifty dollars ($150.00), per distributor license.
(2) 
Juke boxes, per calendar year, one hundred fifty dollars ($150.00), per distributor license.
(3) 
Automatic kiddie rides, per calendar year, two hundred dollars ($200.00), per distributor license.
B. 
Except as provided below in Paragraph C of this section, each proprietor shall pay the following prescribed respective fees for each and every device of the following respective types:
(1) 
Amusement games, per calendar year, one hundred twenty-five dollars ($125.00) for the first device and twenty dollars ($20.00) for each additional device.
[Amended 11-8-93 by Ord. No. 93-65]
(2) 
Jukeboxes, per device, per calendar year, fifty dollars ($50.00).
(3) 
Automatic kiddie rides, per device, per calendar year, fifty dollars ($50.00).
C. 
Each owner-proprietor shall receive both a distributor's license for each type of device, and a proprietor's license for each and every device, upon payment of the following prescribed aggregate fees for each and every device of the following respective types:
(1) 
Amusement games, per device, per calendar year, two hundred dollars ($200.00) for the first five machines and thirty dollars ($30.00) for each additional machine.
[Amended 9-26-91 by Ord. No. 91-94]
(2) 
Juke boxes, per device, per calendar year, fifty dollars ($50.00).
(3) 
Automatic kiddie rides, per device, per calendar year, fifty dollars ($50.).
[Amended 6-10-91 by Ord. No. 91-62]
D. 
Deleted 6-10-91 by Ord. No. 91-62.
A license may be transferred from one machine to another by giving notice to the Township Clerk to that effect and giving a description of the new machine. A license may be transferred from one place to another by giving notice to the Township Clerk to that effect and supplying the required information as to the new premises.
[Amended 6-25-79 by Ord. No. 79-145; 12-26-90 by Ord. No. 90-73]
No mechanical or electronic amusement device shall be located in any premises within five hundred (500) feet of a church or other religious institution or a public or private school. The distance shall be measured from the nearest entrance of the church or school to the nearest entrance of the premises on which the mechanical or electronic amusement device is located or is sought to be located along the route that a pedestrian would normally walk. Mechanical or electronic amusement devices are permitted in C-3, HC-1, HC-2, HC-3 and MXD Zones and are specifically prohibited in all other zones.
[Amended 12-26-90 by Ord. No. 90-73; 6-24-91 by Ord. No. 91-73]
The following regulations shall apply to all mechanical or electronic amusement devices:
A. 
The premises shall be so arranged as to permit a clear view of each mechanical or electronic amusement device at all times, subject to the following exceptions:
[Amended 7-14-80 by Ord. No. 80-267; 11-14-83 by Ord. No. 83-542; 6-24-91 by Ord. No. 91-73]
(1) 
The mechanical or electronic amusement devices are clearly intended to be used by children under the age of 18 years.
B. 
No operator shall knowingly permit any person convicted of a crime involving moral turpitude to be associated with him in the ownership or management of the business or to be in his employ or to loiter on the premises.
C. 
No operator shall offer or permit to be offered any prizes or awards, whether in cash or otherwise, as an inducement to use mechanical or electronic amusement devices except for trophies, plaques or items of a similar nature of nominal value.
D. 
No operator shall permit any minor under the age of sixteen (16) years unaccompanied by a parent or guardian to remain on the premises after 10:00 p.m.
E. 
No operator shall permit any activity which is illegal or immoral or which creates an undue amount of noise or a danger of a breach of the peace to occur on the premises.
Nothing in this Article shall be construed to authorize any gambling device of any kind whatsoever, including any device that dispenses any kind of payoff or reward, or any device that has been judicially determined to be a gambling device under any law of the State of New Jersey. If the Director of Public Safety has reason to believe any mechanical or electronic amusement device is used as a gambling device, he shall cause that machine to be seized and impounded. If after trial it is determined that the machine was in fact being used as a gambling device, it shall be destroyed, and the license of the operator or distributor shall be revoked. Revocation of license and seizure of machine are in addition to any other penalty which may be imposed for a violation of this Article.
[Added 12-26-90 by Ord. No. 90-73; amended 8-10-98 by Ord. No. 98-23]
Each proprietor licensee shall receive from the Township Clerk a license card which shall contain the names of the distributor and the proprietor, the distributor license number thereof, the address where the device is placed, the year, the signature of the Township Clerk, and any other information deemed necessary and appropriate by the Township Clerk. Such license card shall be posted in a conspicuous place, near the device so licensed, in the establishment of the proprietor licensee.