Borough of Avon-by-the-Sea, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Borough of Avon-by-the-Sea 12-24-40 by Ord. No. 130. Amendments noted where applicable.]
It shall be unlawful for any person, firm or corporation to engage in the business of selling, renting or distributing bagatelle or pinball games or other coin-operated amusement devices, except coin-operated music machines, within the Borough of Avon-by-the-Sea without first having obtained a distribution license therefor from the Borough Clerk.
Every applicant for a bagatelle or pinball game or other coin-operated amusement device distribution license shall file with the Borough Clerk a written applicator stating the name and address of the applicant and the location of his place of business.
[Amended 8-27-1979 by Ord. No. 7-1979]
Any person who sells, buys, rents, distributes, installs or places such games, devices or machines mentioned in § 59-1 hereof in any place permitted by this chapter within the Borough of Avon-by-the-Sea shall, for the purposes of this chapter, be considered a distributor.
[Amended 8-27-1979 by Ord. No. 7-1979]
Before any game, device or machine mentioned in § 59-1 hereof shall be installed, placed, operated, maintained or used in any place permitted by this chapter, there shall be affixed thereto in a conspicuous place so that the same can be easily and quickly identified, a distribution license tag to be issued by the Clerk of the Borough of Avon-by-the-Sea to the distributor, and no such game, device or machine shall be placed, operated, maintained or used on or after the effective date of this chapter until said distribution license tag shall be affixed thereto.
The Board of Commissioners of the Borough of Avon-by-the-Sea may impose such reasonable rules and regulations with regard to the issuance of said licenses so that said business of selling, renting or distributing bagatelle or pinball games and other coin- operated amusement games shall be conducted according to law, as the Board of Commissioners may deem necessary and proper.
No such distribution licensee shall permit any machine rented or distributed by him to be used for gambling or in violation of any law or regulation of the Borough of Avon-by-the-Sea or of the State of New Jersey.
[Amended 8-27-1979 by Ord. No. 7-1979]
The annual fee for the said distribution license shall be the sum of thirty-five dollars ($35).
All automatic bagatelle or pinball games, machines or devices and other coin-operated amusement devices, except coin-operated music machines, operated, maintained or used in any public or quasi-public place or any other building, store or place wherein the public is invited shall be licensed before the same shall be operated, maintained or used within the limits of the Borough of Avon-by-the-Sea.
[Amended 8-27-1979 by Ord. No. 7-1979]
Before any device or machine mentioned in § 59-8 aforesaid shall be operated, maintained or used in any place permitted by this chapter, there shall be affixed thereto, in a conspicuous place so that the same can be easily and quickly identified, an automatic machine game license to be issued by the Clerk of the Borough of Avon-by-the-Sea for the operation thereof, and no machine shall be so operated, maintained or used on or after the effective date of this chapter until this shall be done.
[Amended 8-27-1979 by Ord. No. 7-1979]
The annual license fee for each automatic machine game license for the operation and maintenance of each automatic machine game or device as heretofore described shall be five dollars ($5).
All licenses issued under this chapter shall be for the term of one (1) year from January 1 and shall terminate on December 31 in each year.
Every applicant for an automatic machine game license shall file with the Borough Clerk an application disclosing the name and address of the applicant, the premises where said game or games, machine or machines or device or devices are to be maintained and operated and the number to be operated at such address. Said license shall not be transferable to a location other than that for which it shall be issued, nor shall said license be transferable to any other person than said licensee.
Nothing contained within this chapter shall prohibit any licensee from transferring any distribution license tag or any automatic machine game license tag from one game, machine or device operated on the licensee's premises to another game, machine or device to be used or operated thereon, provided that if the license tags are removed from any game, machine or device and placed upon another game, machine or device to be put in use or operation, the game, machine or device from which said tags are taken shall not be again used until both said license tags are affixed thereto as required by this chapter.
Not more than a total of four (4) automatic bagatelle or pinball games, machines or devices or other coin-operated amusement devices shall be operated, maintained or used in any one (1) store, building or place wherein the public are invited.
No automatic machine game licensee shall permit any bagatelle or pinball game or other coin-operated amusement game, machine or device, except a coin-operated music machine, to be operated by any minor, nor shall any automatic machine game licensee permit any bagatelle or pinball game or other coin-operated amusement game or device to be used as a gambling or gaming device, and all licensees shall comply with all laws of the State of New Jersey.
If any coin-operated automatic machine game licensee shall permit any game, machine or device for which a license has been obtained to be used for gambling or gaming, or in any way contrary to the provisions of this chapter or the laws of the State of New Jersey, the Board of Commissioners of the Borough of Avon-by-the-Sea may revoke any license and thereafter refuse to grant any further license to said licensee or any other person on the premises occupied by said licensee.
The word "person," as used in this chapter, shall mean any person, firm, partnership or corporation.
[Amended 8-27-1979 by Ord. No. 7-1979; 4-22-02 by Ord. No. 5-2002]
Any person who violates any provision of this chapter shall, upon conviction thereof, be liable to the penalty provided by Chapter 1, Section 1-15.