[HISTORY: Adopted by the Mayor and Council of the Town of Secaucus 2-8-77. Amendments noted where applicable.]
The purpose of this chapter is to regulate the licensing and use of coin-controlled amusement and entertainment devices to preserve and protect the public good, welfare and morals.
As used in this chapter, the following terms shall have the meanings indicated:
- AMUSEMENT AND ENTERTAINMENT DEVICES
- Any machine, game or device which is maintained, operated,
or used for entertainment or amusement purposes, including video machines,
video games, pinball machines, electronic machines, electronically
controlled games, pool and billiard tables, shuffleboard games, target
games, sporting games, novelty or amusement games, which persons are
invited to play for a cost or fee, regardless of whether such amusement
or entertainment devices are coin or token operated. It is the intent
of this definition to include rather than exclude any amusement or
entertainment devices and games.[Amended 10-27-87 by Ord. No. 87-26; 11-27-90 by Ord. No. 90-30]
- Any natural person or persons, corporation, partnership,
association, or any other organization.[Added 11-27-90 by Ord. No. 90-30]
No person shall operate, maintain or use or cause to be operated, maintained or used in any public or quasi-public place or any building, store or other place wherein the public is invited or wherein the public may enter any amusement or entertainment device without first having obtained a license.
[Amended 10-27-87 by Ord. No. 87-26; 3-8-11 by Ord. No. 2011-5]
The license fee for each amusement or entertainment device, as defined in Section 49-2, shall be $25. Said license shall be issued for the calendar year commencing January 1 and expiring December 31. Said license shall be renewed annually on or before December 31 by the filing of a written application, accompanied by the license fee for each renewal. The license fee for any license issued in any calendar year after July 1 shall be 1/2 of the annual fee.
Every applicant for a license under this chapter shall file a written application in duplicate with the Town Clerk stating the following:
The applicant's name and address.
The serial number of the machine.
The premises in which the machine is to be located.
The name and address of the person, firm or corporation owning or leasing the machine.
The name and address of the manager and/or other person principally in charge of the premises in which the machine is located.
Whether or not the applicant has been previously licensed by any public or governmental authority to maintain coin-operated entertainment or amusement devices for use by the public or has previously applied for such a license, and whether or not such a license has been denied, revoked or suspended, and the reason therefor.
All criminal convictions, fully disclosing the offense for which convicted and the circumstances thereof.
[Amended 9-28-82 by Ord. No. 82-23]
When the aforesaid application is completed and signed by the applicant, the duplicate thereof will be referred to the Chief of Police or his designee, who shall make or cause to be made an investigation of the matters contained in said application.
If as a result of such investigation the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police or his designee shall endorse on such application his disapproval and his reasons therefor and shall return the said application to the Town Clerk, who shall notify the applicant that the application is disapproved and that no license will be issued. Disapproval of such application shall be based on one or more of the following findings with respect to the applicant:
In the absence of any such findings, the Chief of Police or his designee shall approve said application.
[Amended 9-28-82 by Ord. No. 82-23]
After said application is approved by the Chief of Police or his designee, the Town Clerk shall issue a license to be affixed to said device or machine in a conspicuous place so that the same shall be easily and quickly identified. No such device or machine shall be operated, maintained or used until this is done.
The licensee of an amusement or entertainment device may at any time substitute one machine for a similar machine without an additional fee. However, he shall first complete and submit to the Town Clerk a transfer of license application which shall be provided by said Clerk.
[Amended 10-27-87 by Ord. No. 87-26]
No person shall maintain or operate more than one amusement or entertainment device for every 100 square feet of floor space in the area open to the public in the vicinity primarily for use of such amusement or entertainment device(s), or area around such device(s).
No licensee shall offer any prize or other reward to any person playing any such machine nor shall any license permit a machine to be used for gambling purposes.
All licenses issued hereunder shall be deemed to be granted upon the express condition that, in addition to any other sanction or penalty, the issuing authority may:
After due notice by personal service or registered or certified mail and after due hearing, suspend or revoke the license issued for violation of any provision of this chapter or for other good cause.
Suspend temporarily, pending a hearing, any such license when it is deemed by the issuing authority to be immediately necessary to prevent emergent danger to the public welfare, good or morals. Any such temporary suspension shall be for a period not longer than 10 days.
All licenses issued under this chapter shall be issued subject to state law, the regulations of the Hackensack Meadowlands Development Commission and other applicable ordinances and regulations of the town.
No license herein shall be issued by the Town Clerk's office unless the Building Inspector of the Town of Secaucus shall have advised the Town Clerk in writing that the location of said amusement device on the subject premises does not violate any building law or regulation.
[Amended 10-27-87 by Ord. No. 87-26; 10-27-87 by Ord. No. 8-28]
[Added 11-27-90 by Ord. No. 90-30]
All licenses issued under this chapter shall have affixed thereto in a prominent location, the name, address, and New Jersey telephone number of the person who owns such amusement or entertainment device, or the name, address, and New Jersey telephone number of the person responsible for the operation of the machine.
All persons who operate amusement and entertainment devices shall issue refunds to all persons losing money in such machines; such refund shall include the cost of postage, if applicable.
All licenses issued under this chapter which are coin operated shall have affixed thereto in a prominent location, the procedure to follow in order for persons who lose money in such machine to obtain a refund of their lost money, including postage.
[Amended 11-27-90 by Ord. No. 90-30]
Any person, firm, association or corporation violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be subject to a penalty or fine not to exceed $500 and/or imprisonment in jail for a period not to exceed 90 days, or both, in the discretion of the Judge imposing such fine or penalty. Each and every day that a violation shall be found to exist shall constitute a separate violation of this chapter.