[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.
