[HISTORY: Adopted by the Mayor and Council of the Borough
of Waldwick 8-24-51 as Ord. No. 10-51, amended 11-28-89 as Ord. No. 22-89.]
On and after the effective date of this ordinance, all automatic
amusement games of the type commonly known and designated as bagatelle,
baseball or pin amusement games or similar machines or devices 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, and particularly, but not by way of limitation,
all coin-operated automatic amusement or skill devices of the type
commonly known as bagatelle games, baseball games or pin amusement
games or similar machines or devices operated, maintained or used
as aforesaid, shall be licensed by the Mayor and Council of the Borough
of Waldwick and shall not be placed, operated, maintained or used
within the municipal limits of the said Borough of Waldwick without
first having obtained a license for that purpose; provided, however,
that no license shall be issued to any person who shall have been
convicted of a crime or of a violation of any ordinance involving
gambling, and provided further that if a license has been issued and
the person to whom it has been issued shall thereafter be convicted
of a crime or a violation of any ordinance involving gambling, said
license shall immediately be revoked by the Mayor and Council of the
Borough of Waldwick.
As used in this ordinance, shall mean any individual, firm,
member of firm, partnership, corporation, or any officers, director
or stockholder of said corporation.
A machine or device, automatic or coin operated, whether
mechanical, electrical or electronic, which shall be ready for play
by insertion of a coin or may otherwise be operated by the public
for a charge for use as a game, entertainment or amusement, including
pinball machines, electronic games, bowling machines, mechanical game
machine, skee-ball machines, or any device which utilizes a video
tube to reproduce symbolic figures and lines to be representative
of real games or activities, the object of playing of which is to
achieve a score. Excluded from this definition are music vending machines
commonly known as "juke boxes".
A group of more than three amusement games or amusement machines
in the same place, location or premises the operation of such games
by the public constitutes the principal use of the premises.
(See Chapter 48:30-3.)
[Amended 11-28-89 by Ord. No. 22-89]
A.
Separate application for each machine shall be filed on a form to
be furnished by the Borough Clerk, which form shall show the following
information:
1.
The name, date of birth, home address and the home telephone number
and the business telephone number of the applicant and each of its
stockholders, officers, directors and each partner, member or principal.
2.
The name and address of the registered agent of the applicant or
person upon whom service of process is authorized to be made.
3.
The name, date and place of birth, home address and telephone number
of the manager or other agent of the applicant who shall be in charge
of or conduct the business of the applicant within the Borough of
Waldwick.
4.
With respect to each person whose name is listed on the license application
a statement as to whether or not said person has ever been convicted
of a crime or violation of any ordinance involving gambling.
5.
A sketch detailing the precise location and type of each machine
or device to be operated under the license applied for must be attached
to the application for said license.
6.
If the applicant is a corporation, a corporate resolution in proper
form authorizing the execution of the license application on behalf
of the corporation shall be attached.
7.
The serial number for each machine being licensed.
8.
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 be best of his knowledge and belief.
B.
The Borough Clerk shall refer the application to the Police Department,
Fire Sub-Code Official and Health Officer.
1.
Each of the aforementioned shall make, or cause to be made an investigation
of the facts stated in the application and an inspection of the premises
in which the automatic amusement game is to be located. They shall
review said application to insure that all State laws and Borough
ordinances are complied with. They shall attach to the application
their report thereon in writing, which shall also state their approval
or their disapproval with the reason therefor.
2.
Upon receipt of said application and the aforementioned reports,
the Council shall either approve or disapprove the issuance of a license
to the applicant.
3.
No license shall be approved by the Council or issued by the Borough
Clerk if it appears that the premises in which the automatic amusement
game is to be placed does not comply with the applicable requirements
of the laws of New Jersey and with the building, zoning and fire prevention
ordinances of the Borough of Waldwick.
No device or machine as specified in this ordinance shall be
placed, operated, maintained or used until the license issued by the
Borough Clerk of the Borough of Waldwick shall be affixed thereto
in a conspicuous place so that the same shall be easily and quickly
identified. Said license shall on its face, disclose the manufacturer's
serial number, the name and post office address of the licensee and
shall disclose the amount of money required to operate said machine
or device and shall briefly state that the machine or device to which
the same is affixed is licensed for operation by the Mayor and Council
of the Borough of Waldwick.
A.
The holder of a license shall be permitted to transfer the license
within the calendar year for which it is issued to any other like
machine operated in the same premises in place of the machine from
which the license is transferred; the licensee, however, to immediately
notify the Mayor and Council of the Borough of Waldwick of such purpose
and to communicate to them the manufacturer's serial number and
the type of machine.
B.
Upon proper application having been made, the Mayor and Council may,
in their discretion, transfer a license from one premises to another.
[Amended 11-28-89 by Ord. No. 22-89.]
A.
No more than three (3) machines or devices of the type or types herein
mentioned shall be permitted to be used or operated in any one (1)
place, location or premises. The use of three (3) machines provided
herein shall be limited to ancillary or accessory use only within
a building or premises used for a commercial use permitted in the
VC-1 Village Center District Zone, C-1 Village Commercial District
Zone, C-2 Turnpike Commercial District and I Limited Manufacturing-Industrial
Zone.
B.
An Amusement Machine Arcade shall be permitted to be located only in those areas specifically designated "I" Limited Manufacturing-Industrial Zone. An Amusement Machine Arcade shall not be permitted in any other zone even though such zone might permit those uses permitted in the "I" Limited Manufacturing-Industrial Zone. An Amusement Machine Arcade shall only be permitted if it meets the requirements of Chapter 30; Chapter 97; and the conditions enumerated in Section 97-72.3.
Any person who shall use or permit to be used any of the machines
or devices licensed hereunder, for the purposes of gambling, shall
be deemed to be guilty of a violation of this ordinance and punishable
therefor as hereinunder provided.
A.
Readily visible sign shall be installed indicating that the use of
machines or devices by persons under sixteen (16) years of age shall
not be permitted during normal school hours. The use of machines or
devices during this time by persons under sixteen (16) years of age
shall cause the license to be revoked. The time period shall be 8:30
a.m. to 3:00 p.m., Monday through Friday, except days on which the
Waldwick Board of Education has closed schools within its jurisdiction
and during the months of July and August. It shall be the responsibility
of the licensee to insure compliance of this section.
B.
The licensee shall at all times, maintain good order and shall not
permit any disturbance, congestion or loitering upon the licensed
premises.
C.
No coin-operated amusement devices shall be operated in a manner
which will enable it to be heard outside of the premises.
D.
No games of chance, gaming, gambling, playing for money among contestants
or any other such practices shall be permitted upon the licensed premises.
E.
The licensee shall not permit the use or distribution of any controlled
dangerous substance (as defined by the New Jersey Controlled Dangerous
Substance Act) on the premises.
F.
No walls or enclosures shall be permitted between machines.
No machine or device licensed under this ordinance shall be
used, placed, maintained or operated in any premises within two hundred
(200) feet of any school or church.
[Amended 10-11-83 by Ord. No. 21-83]
This ordinance is enacted for the purpose of the regulation
and control of automatic amusement or skill games of the type commonly
known and designated as "video", "bagatelle", "baseball", or "pin
amusement games" or similar machines or devices. Amusement machines
are known to attract large numbers of people. The numerical limitation
established by this ordinance minimizes the levels of noise, congestion
and traffic thereby preventing overcrowding of buildings, ensuring
safety from fire and preserving the social and economic well-being
of the Borough's commercial area.
See Chapter 1:14.1.
If, for any reason, any section or provision of this ordinance
shall be questioned in any court and shall be held to be unconstitutional
or invalid, the same shall not be held to affect any other section
or provision of this ordinance.
All ordinances and parts of ordinances inconsistent with the
provisions of this ordinance be and the same are hereby repealed.
This ordinance shall take effect immediately upon final passage
and publication according to law.
