[1]
Editor's Note: Ordinance history: Ordinance No. 30-2015.
[Ord. No. 53-2017]
As used in this article, the following terms shall have the
meanings indicated:
Any machine, contrivance or device which, upon the payment
of any price, in any form, operates or may be operated by the public
generally.
A place where a single player may play any one of a number
of machines or devices, upon payment of a fee, to attempt to obtain
a prize or tickets or tokens redeemable for a prize, or to attempt
to attain a score or result upon the basis of which a prize, ticket
or token is awarded.
An amusement offered through an electronic device that allows
a player to participate in a game of skill or chance through interaction
with the device. (N.J.S.A. 5:8-101)
Any music-vending machine, contrivance or device which, upon
the payment of any price, in any form, operates or may be operated
for the emission of music.
Any person who owns, leases, rents or operates any premises
on or at which any automatic amusement machine, device or jukebox
is kept, placed or exhibited for use or operation by the public.
A commercially operated permanent business, open to the public
at least 31 consecutive days annually, whose acreage is designed and
themed for the primary purpose of providing participatory amusements
incorporating rides or water slides licensed in accordance with N.J.S.A.
5:3-31, et seq., and food and merchandise concessions in permanent
structures. Nothing in this definition shall prevent a license from
being issued in any location which has had a license issued prior
to the effective date of this amendment. (Ordinance No. 53-2017 is
effective January 17, 2018.) (N.J.S.A. 5:8-101)
An amusement utilizing a tangible object such as a ball,
puck or other portable object either alone or in competition with
other on-premises guests, or requiring the exertion of physical, aerobic
activity, such as dancing, climbing, running, or jumping rope; or
any amusement that is predominantly skill-based and can be played
either alone or in competition with other on-premises guests. (N.J.S.A.
5:8-101)
[Ord. No. 53-2017]
The Amusement Games Licensing Law, N.J.S.A. 5:8-100 et seq.,
and such regulations as promulgated under Chapter 3, Office of Amusement
Games Control, N.J.A.C. 13:3-1.1 et seq., are by this reference hereby
incorporated as provisions of this article, as fully as if they were
herein at length set out, it being the intention of the Township Council
that any violation of such sections by a licensee shall be a violation
not only of the Amusement Games Licensing Law but also of this article
and that any duties of a licensee as set out in such sections are
duties of a licensee under both the Amusement Games Licensing Laws
and this article.
[Ord. No. 53-2017]
A.
Recognized amusement park.
(1)
No person shall maintain, operate, or cause to be conducted any recognized
amusement park without first obtaining a license by the Municipal
Council. No license shall be issued unless and until an ordinance
shall have been adopted by the Municipal Council declaring that a
recognized amusement park exists in the municipality at that particular
location.
(2)
Each applicant for such a license shall file with the Township Clerk
a written application therefor in the form prescribed by the Amusement
Games Control Commissioner, duly executed and verified, in which shall
be stated the name and address of the applicant, together with sufficient
facts relating to its incorporation and organization if the applicant
be a corporation or organization; the specific kind of amusement games
intended to be held, operated and conducted by the applicant, and
the place or places where, the period, term, date or dates and the
time or times when, such amusement games are intended to be conducted
by the applicant, under the license applied for; and that no prize
or prizes will be offered and given under said license except of merchandise
only and same shall be of a value not in excess of the sum or value
authorized to be offered and given by this act and such other information
as shall be prescribed by the Amusement Games Control Commissioner.
(N.J.S.A. 5:8-102)
(3)
All applications shall be either approved or denied in accordance
with the provisions of N.J.S.A. 5:8-100 et seq.
(4)
All licenses shall be issued on a calendar-year basis, with a maximum
term from January 1 to December 31 of the year within which the license
is to be operative. (N.J.A.C. 13:3-1.9)
(5)
No application for the issuance of a license shall be refused by
the Municipal Council until after a hearing is held on due notice
to the applicant, at which the applicant shall be entitled to be heard
upon the qualifications of the applicant and the merits of the application.
(N.J.S.A. 5:8-104).
(6)
Any license issued under this section may be amended, upon application
made to the Municipal Council, if the subject matter of the proposed
amendment could lawfully and properly have been included in the original
license and upon payment of such additional license fee, if any, as
would have been payable, if it had been so included.
B.
Amusement machines or devices.
(1)
No person shall maintain, operate or possess any amusement machine
or device, including jukeboxes for use or operation by the public
on or at any premises in the Township of Wayne without first obtaining
a license therefor.
[Ord. No. 30-2015]
(2)
Licenses issued for an amusement machine operator shall be issued
for a term of one year commencing on July 1 and expiring on June 30
next following.
[Ord. No. 30-2015]
(3)
Any license application may be amended to evidence the replacement
of a machine or device to another similar device, upon notifying the
Township Clerk, giving a description by type, manufacture and serial
number of such other machine or device.
[Ord. No. 53-2017]
Every license issued for the conduct of any game or games of
amusement shall be conspicuously displayed at the place or places
where the same is to be conducted at all times during the conduct
thereof. (N.J.S.A. 5:8-105)
[Ord. No. 53-2017]
Recognized amusement parks or amusement machines and devices
shall not be operated between on the following days and hours:
[Ord. No. 53-2017]
No operable machine or device shall be located in any part of
the licensed premises which is not open to the general public.
[Ord. No. 53-2017]
A.
Pursuant to N.J.A.C. 13:3-1.5, the following location is designated
as a Recognized Amusement Park as described herein:
300-310 Willowbrook Mall
Wayne, NJ 07470
[Ord. No. 53-2017]
B.
Notwithstanding the provisions of § 40-3, in the event of denial or withdrawal of the application, or in the event of denial or withdrawal of the application for the State license filed with the Legalized Games of Chance Control Commission pursuant to N.J.A.C. 13:3-2, the full fee up to $10 or 25% of the fee, whichever shall be the greater, shall be retained by the Township as and for an investigation fee, and the remainder of the fee, if any, shall be refunded to the applicant. Otherwise, fees are not subject to proration.
