Editor's Note: See Chapter 4 for the licensing of distribution of advertising materials; alarm devices; filming; gasoline stations; landscapers and lawn maintenance; limousines; massage businesses; peddlers, canvassers and transient merchants; sale or purchase of used jewelry, used electronics, etc.; billboards, taxicabs and towing and storage facilities. See Chapter 2, Section 2-59, Payment of Taxes Required Prior to Issuance of Permit or License. See subsection 2-68.8 for participation in the Borough-wide yard sale.
[1980 Code § 78-1]
As used in this section:
Shall mean any machine, contrivance or device which, upon
the insertion of a coin, slug, token, plate, disc or key into a slot,
crevice or other opening by the public generally, is used as a game,
entertainment or amusement, whether or not registering a score, and
shall include, without limitation, such devices as marble machines,
pinball machines, skillball, mechanical games or video games, operations
or transactions similar thereto by whatever name they may be called.
Coin-operated pool tables shall not be considered "amusement or entertainment
machines" coming within the purview of this definition and section.
Shall mean the entire premises including, without limitation,
all buildings, auxiliary buildings, structures, appurtenant structures,
walks, alleys, drives and parking facilities owned or controlled by
the operator and/or owner-operator.
Shall mean any natural person, partnership, firm, association,
corporation or any other business entity which owns or controls a
premises or a location within the Borough in which any amusement or
entertainment machine or device is displayed for public patronage
or is placed or kept for operation by the public.
[1980 Code § 78-2; New; Ord. No.
2438-2015]
a.
Licensing Fee. The Municipal Clerk shall be paid annually the sum
of two hundred fifty ($250.00) dollars for each amusement, entertainment
machine or device installed on any premises up to a total of five
for a period of one year or any part thereof; for all amusement, entertainment
machine or device licenses in any one location in excess of five up
to a maximum of 15 (i.e., the next 10 amusement, entertainment machines
or devices), the fee shall be the sum of one hundred twenty-five ($125.00)
dollars each for the same period as herein above stated.
b.
Exemption from Payment of Fees. Any subdivision of the Borough of
Roselle Park or the Board of Education shall be exempt from the payment
of any fees set forth herein, upon application by the subdivision
or by the Board of Education to the Governing Body for this exemption.
[1980 Code § 78-3; New; Ord. No.
2438-2015]
There shall be permitted no more than one (1) amusement or entertainment
machine or device for each one hundred fifty (150) square feet of
a public area up to a maximum number of fifteen (15) machines or devices
per licensed premises. The public area shall be deemed not to include
any area used for storage, kitchen, office, counter, walks, alleys,
drive and parking facilities or such other areas contained within
the premises to which the public is not customarily invited or permitted
to occupy. The Construction Official shall determine the maximum number
of square feet in each prospective licensed premises which is subject
to this section. Premises holding plenary retail consumption licenses
and heretofore licensed for video games and/or amusement games are
specifically excluded from the square footage requirements of this
section and shall be entitled to hold at least the same number of
licenses as they held prior to the enactment of this section.
[1980 Code § 78-3.1]
a.
No operator of amusement or entertainment machines or devices shall
permit the operation of any machine or device within the Borough without
first obtaining a license to operate from the Borough Clerk.
b.
The application for the license shall state the following:
1.
The name, date and place of birth, home address and business address,
home telephone number and business address and telephone number of
the applicant, and each of its stockholders, officers and directors
holding in excess of ten (10%) percent of its stock.
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 home telephone
number of the manager or other authorized agent of the applicant who
shall be in charge of or conduct the business of the applicant within
the Borough.
4.
The type, manufacturer, serial number and precise location of each
amusement or entertainment machine or device sought to be operated.
5.
If the applicant is a corporation, there shall be included a corporate
resolution in proper form authorizing the execution of the license
application on behalf of the corporation.
6.
The application shall contain a certification under oath, made by
the applicant or its authorized representative, that the information
contained in the application, and all attachments thereto, is complete,
accurate and truthful to the best of his knowledge and belief.
7.
The application shall state the total number of square footage to
which the applicant customarily invites or permits the public to occupy
and use, but shall not include any area used for storage, office,
kitchen, counter space, walks, alleys, drives, parking facilities
or such other areas to which the public has no access.
8.
A sketch or plan of the proposed licensed premises shall be attached
to the application.
[1980 Code § 78-3.2]
a.
Each operator's license shall be posted permanently and conspicuously
in the licensed premises.
b.
Any operator's license may be amended to evidence the transfer from
one (1) amusement or entertainment machine or device to another similar
machine or device upon application to the Municipal Clerk, giving
a description by type, manufacturer and serial number of such other
machine or device.
[1980 Code § 78-3.3]
Every license issued hereunder is subject to revocation by the
Municipal Clerk should the licensed operator distribute or operate
any amusement or entertainment machine or device contrary to the provisions
of this section or any other law, ordinance, rule or regulation or
fail to cooperate fully with any enforcement officer or agency. Any
material misstatement or omission in the license application or in
any information submitted therewith or the failure to notify in writing
the Municipal Clerk of any changes by addition or deletion or amendment
to the application or information during the term of any license or
renewal shall constitute sufficient ground for revocation of the license
by the Municipal Clerk.
[1980 Code § 78-3.4]
If the Chief of Police has probable cause to believe any amusement
or entertainment machine or device is being used by gambling, such
machine or device may be temporarily seized by the Police Department
and impounded and may be considered as contraband by law.
[1980 Code § 78-3.5]
The Mayor and Council shall have the discretion to waive the
provisions of this section requiring an operator's license with respect
to any church, fraternal or veterans organization or other religious,
charitable or nonprofit organization which operates amusement or entertainment
machines or devices exclusively for the use of its members and the
guests of such members and on premises owned or controlled by it.
[1980 Code § 78-3.6]
[1980 Code § 85-1; Ord. No. 2200 § 2]
The Borough Clerk is hereby authorized and delegated the authority
to approve the granting of raffle and bingo licenses to be held in
the Borough of Roselle Park. The Borough Clerk upon proper application
may issue a bingo and/or raffle license to the bona fide organizations
within the Borough of Roselle Park, which organizations are defined
by New Jersey Statute 5:8-24 et seq.,[1] which statute is incorporated herein by reference and
made a part hereof.
[1]
Editor's Note: The organizations listed in N.J.S.A. 5:8-25
are bona fide organizations or associations of veterans of any war
in which the United States has been engaged, churches or religious
congregations and religious organizations, charitable, educational
and fraternal organizations, civic and service clubs, senior citizens
associations and clubs, officially recognized volunteer fire companies
and official recognized volunteer first aid or rescue squads.
[1980 Code § 85-2; Ord. No. 2200 § 1]
No bingo license shall permit the conduct of the game on the
first day of the week, commonly known and designated as Sunday unless
the license issued specifically permits same. The Mayor and Council
of the Borough of Roselle Park shall, at its option, as the issuing
authority, reserve the right to permit or deny the conduct of a bingo
game on Sunday and to further regulate and control the time at which
the bingo game may commence and terminate.
[Former § 5-3, Circuses, Shows, Exhibitions and
Miniature Golf, was repealed 11-2-2023 by Ord. No. 2757. Prior history includes
1980 Code § 78-4 – § 78-7; Ord. No. 2230.]
[Former § 5-4, Pool and Billiard Parlors was repealed 11-2-2023 by Ord. No. 2757. Prior history includes 1980 Code § 78-8 –
§ 78-16.]
[Former § 5-5, Coin-Operated Music Devices was
repealed 11-2-2023 by Ord. No. 2757. Prior history includes 1980 Code
§ 78-17 – § 78-24; Ord. No. 2230.]
[Former § 5-6, Cabarets was repealed 11-2-2023 by Ord. No. 2757. Prior history includes 1980 Code § 78-25 –
§ 78-39.]
[1980 Code §§ 96-1—96-6; repealed by Ord. No. 2505-2017]
