[HISTORY: Adopted by the Mayor and Common Council of the
City of Gloucester City as indicated in article histories. Amendments
noted where applicable.]
No person shall place or maintain or permit to be placed, operated,
used or maintained in any public or quasi-public place or in any building,
store or other place wherein the public is invited or may enter, including
premises used as a clubhouse or clubrooms, within the limits of the
City of Gloucester City, any coin-controlled amusement device, without
first having obtained a license for each such device.
The word "person," as used in this ordinance, shall include
any individual, corporation, firm, association, partnership, trustee
or receiver.
As used in this ordinance, the following terms shall have the
meanings indicated:
COIN-CONTROLLED AMUSEMENT DEVICE
A machine which, upon the insertion of a coin or slug, operates
or may be operated for use as a game or contest of any description,
or which may be used for any such game or contest, and which contains
no automatic payoff device for the return of slugs, money, coin checks,
tokens or merchandise, and shall include video games, pinball machines
and other coin-controlled devices in which marbles, balls or pellets
are projected or propelled by spring or plunger or any other means,
wherein such marbles, balls or pellets fall into slots, tracks, grooves
or any other position, or wherein said marbles, balls, or pellets
strike pins or objects. Such term, however, shall not include any
coin-controlled automatic music device, coin-controlled record-playing
machine or mechanical amusement device, as defined by ordinance of
the City of Gloucester City.
[Amended 5-6-1993 by Ord.
No. 18-1993]
[Amended 6-3-1982 by Ord.
No. 1-1982; 4-6-1995 by Ord. No. 7-1995; 12-3-2018 by Ord. No. O23-2018]
The license for the placing, operation, maintenance or use of
such coin-controlled amusement device shall be issued by the City
Clerk of the City of Gloucester City to and in the name of the owner
of such device or machine. All licenses issued hereunder shall expire
on March 31 of each year. The license fee shall be $75 for each coin-controlled
amusement device. A separate license shall be obtained for each such
device or machine and shall be affixed thereto. Any applicant for
a license who does not provide the completed application form or the
application fee by April 15 for the year for which the license is
sought shall be assessed a late fee in the amount of $25 per device.
[Amended 6-3-1982 by Ord.
No. 1-1982]
A. An application for a license shall be filed with the City Clerk,
on forms to be furnished by said Clerk, which forms shall require
to be included the following information:
(1) The name and address of the applicant.
(2) In the case of a partnership, the names and addresses of all partners.
(3) In the case of clubs or associations, the names and addresses of
all officers.
(4) Whether or not the person or persons named in the application have
ever been convicted of a violation of any federal, state or municipal
law.
(5) The location of the premises to be licensed.
(6) The number of coin-controlled amusement devices to be located upon
the premises to be licensed.
B. There shall not be allowed more than two coin-controlled amusement
devices per business establishment.
C. Any establishment that has an alcoholic beverage control license
can have an unlimited number of machines but must-pay the required
fee for each machine.
No coin-controlled amusement device shall be placed, operated,
maintained or used, or permitted to be placed, operated, maintained
or used, in the City of Gloucester City, until the license required
hereunder shall be affixed thereto in a conspicuous place so that
the same may be easily identified. Any such device or machine which
shall not have a license as required herein affixed thereto shall
be deemed to be an unlicensed device or machine. Any person having
supervision or control over any building, store or other place where
the public may enter or any clubhouse or club room wherein any such
device or machine without a license affixed thereto is operated, used
or maintained shall be deemed to have permitted such unlicensed device
or machine to be placed, operated, used and maintained therein in
violation of the provisions of this ordinance.
Every license issued hereunder shall be numbered and shall disclose
on its face the name and post office address of the licensee to whom
it is issued and the address of the establishment wherein the licensed
device or machine shall be located.
[Amended 6-3-1982 by Ord.
No. 1-1982]
Such license shall bear the date of issue, the name of the licensee,
the purpose for which issued and the location of the room or building
wherein the licensee is authorized to carry on and conduct any such
business. Such license shall not be transferable by the holder to
any other person or persons, firm, association or corporation, but
such license may be transferred by the holder to another address,
provided that the licensee shall make written application for such
transfer to the City Clerk and such transfer is approved by resolution
of the Mayor and Common Council of the City of Gloucester City.
No person shall use or permit to be used any coin-controlled
amusement device licensed hereunder for the purpose of gambling.
This ordinance is enacted for the purpose of raising revenue
and for the regulation and control of coin-controlled amusement devices.
[Added 6-3-1982 by Ord.
No. 1-1982]
A. The Mayor and Common Council of the City of Gloucester City may suspend
or revoke the license of any licensee on any one or more of the following
grounds:
(1) Violation of any of the laws of the State of New Jersey upon the
licensed premises by the licensee or its agents, servants, employees
or representatives.
(2) Violation of any ordinance of the City of Gloucester upon the licensed
premises by the licensee or its agents, servants, employees or representatives.
(3) If said license was procured by fraudulent conduct or false statement
of material fact or if a fact concerning applicant was not disclosed
at the time of filing the application, where such fact would have
constituted just cause for refusing to issue said license.
(4) Permitting or suffering any activity upon the licensed premises which
is or may be detrimental to the public health, safety, welfare or
morals.
B. In all such cases, written notice of the charge or charges and the
time and place of hearing thereon shall be served on the licensee,
either in person or by certified or registered mail addressed to the
licensed premises. No revocation or suspension shall occur unless
the licensee shall have been afforded an opportunity to be heard in
his defense.
C. In the event that any license is suspended or revoked, the licensee
shall not be permitted the return of any portion of the license fee.
[Added 6-3-1982 by Ord.
No. 1-1982]
Any premises which shall be declared to be unsafe by the written
report of the Building Inspector, or a fire hazard by the written
report of the Fire Marshal shall be deemed to be ineligible for a
license.
[Added 6-3-1982 by Ord.
No. 1-1982]
This ordinance shall not apply to any religious, charitable,
benevolent or nonprofit association or corporation which operates
or maintains any coin-controlled amusement devices solely for the
recreation and amusement of its members, provided that such organization
is bona fide in character and is not intended as a means or device
for evading the terms and provisions of this ordinance, nor shall
this ordinance apply to the keeping of any coin-controlled amusement
devices in private residences.
[Amended 12-5-1974; 6-3-1982 by Ord. No.
1-1982]
Any person violating any provision of this ordinance shall,
upon conviction thereof, be subject to a fine not exceeding $500 or
imprisonment in the county jail for a term not exceeding 90 days,
or both. Each and every day that such violation shall continue shall
be a further and separate offense under the terms of this ordinance,
subject to the penalties herein prescribed.
[Amended 6-3-1982 by Ord.
No. 1-1982]
This ordinance shall take effect upon final passage, adoption
and publication in the manner prescribed by law.
No person shall place or maintain or permit to be placed, operated,
used or maintained in any public or quasi-public place or in any building,
store or other place wherein the public is invited or may enter, including
premises used as clubhouse or club rooms, within the limits of the
City of Gloucester City, any coin-controlled automatic music device
or record-playing machine, without first having obtained a license
for each such device or machine.
The word "person," as used in this ordinance, shall include
any individual, corporation, firm, association, partnership, trustee
or receiver.
As used in this ordinance, the following terms shall have the
meanings indicated:
[Amended 12-2-1982 by Ord. No. 20-1982; 5-7-1998 by Ord. No. 11-1998]
The license for the placing, operation, maintenance or use of
such coin-controlled automatic music devices or record-playing machines
shall be issued by the City Clerk of the City of Gloucester City to
and in the name of the owner of such device or machine. All licenses
hereunder shall expire on the 31st day of December of each year. The
license fee shall be $60 for each such coin-controlled automatic music
device and each such coin-controlled record-playing machine. A separate
license shall be obtained for each device or machine and shall be
affixed thereto.
Applications for licenses hereunder shall be made to the City
Clerk of the City of Gloucester City and shall contain the following
information:
A. The name of the applicant.
B. The residence of the applicant.
C. The place of business of the applicant.
D. The number of licenses desired.
E. The address or addresses where each machine or device is to be located.
No coin-controlled automatic music device or coin-controlled
automatic record-playing machine shall be placed, operated, maintained
or used, or permitted to be placed, operated, maintained or used,
in the City of Gloucester City, until the license required herein
shall be affixed thereto in a conspicuous place so that the same may
be easily identified. Any such device or machine which shall not have
a license as required herein affixed thereto shall be deemed to be
an unlicensed device or machine. Any person having supervision or
control over any building, store or other place where the public may
enter or any clubhouse or club room wherein any such device or machine
without a license affixed thereto is operated, used or maintained
shall be deemed to have permitted such unlicensed device or machine
to be placed, operated, used and maintained therein in violation of
the provisions of this ordinance.
Every license issued hereunder shall be numbered and shall disclose
on its face the name and post office address of the licensee to whom
it is issued and the address of the establishment wherein the licensed
device or machine shall be located.
The holder of a license issued hereunder shall be permitted
to transfer such license from any machine to any other like machine
operated in the same premises for which the license is issued, by
removing the license from such machine and affixing it to such other
machine.
This ordinance is enacted for the purpose of raising revenue
and for the regulation and control of coin-controlled automatic music
devices and coin-controlled record-playing machines.
Any person violating any of the provisions of this ordinance
shall, upon conviction, be subject to a fine not exceeding $500 or
imprisonment for a term not exceeding 90 days, or both.
All ordinances or parts of ordinances inconsistent with the
provisions of this ordinance are hereby repealed as to such inconsistency
only.
This ordinance shall take effect after final passage and publication
as provided by law.