[HISTORY: Adopted by the Council of the Borough of Lawnside 11-10-1982 by Ord. No. 7-1982. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any automatic, mechanical or electronic amusement device,
game or device of skill or entertainment, which is or are operated
or set in motion by the deposit therein of any coin or coins, tokens
or slugs or the like thereof, purchased for cash, and including video-type
games or machines or similar devices that use a display screen for
points, lines or dots of light that can be manipulated to simulate
games or other types of entertainment. Excluded from this definition
are music-vending machines commonly known as "juke boxes."
A.
No person, firm or corporation shall install, place, maintain, operate
or possess in any store, place of business, building, public place
or quasi-public place wherein the public is invited or may enter any
coin-operated amusement device within the limits of the Borough of
Lawnside without first applying for and obtaining a license therefor
for each and every coin-operated amusement device to be installed.
B.
Notwithstanding anything in this section to the contrary, there is
hereby exempted from the aforementioned licensing fee requirements
all organizations, associations and corporations not for profit, organized
pursuant to the provisions of Title 15 of the New Jersey Revised Statutes
or otherwise, whose primary activity is religious, educational, eleemosynary
or fraternal; provided, however, that such organizations, associations
and corporations shall not maintain, place or install more than two
coin-operated amusement devices in or about any single premises or
location.
A.
A separate application for each coin-operated amusement device shall
be filed, together with the appropriate fee therefor, with the Borough
Clerk, which application shall state the following:
(1)
The name, age and address of the owner and/or lessor of the coin-operated
amusement device and the name and address of the bailee or lessee
of such device.
(2)
A sketch indicating the location of the premises, approximate interior
dimensions and proposed placement within the premises of said devices
that are to be installed, used or kept.
(3)
The name and address of the owner of such premises.
(4)
Specific description of the type of coin-operated amusement device
sought to be licensed, together with its serial number or other means
of identification. All replacement machines shall be similarly reported
to the Borough Clerk within 10 days of installation.
(5)
If the applicant is a corporation, the names and addresses of the
officers and stockholders owning more than 10% of the corporate stock
and the name and address of the registered agent.
(6)
Whether or not the person making application or any of his employees
or, where the applicant is a corporation, whether or not any of the
officers or stockholders have ever been convicted of a crime or a
violation of any municipal ordinance or regulation and the nature
thereof.
B.
The truth of the information submitted in any application under this
section shall be sworn to, and any willful misstatement therein shall
be considered a violation of this section and shall subject the offender
to the penalties provided herein.
A.
Upon receipt of an application for a license under this chapter,
the Chief of Police shall conduct an investigation into the nature
of the device to be licensed and the location at which such device
is to be used.
B.
In the event that the Borough Clerk determines that such application
is in violation of this chapter or in the event that it is determined
by the Chief of Police that the installation of such device at a particular
location constitutes a clear and present potential for the disruption
of the peace and good order of the Borough of Lawnside, then the Borough
Clerk shall deny such application.
C.
Upon the Borough Clerk denying any application, the unsuccessful
applicant shall have the right to appeal such denial to the Mayor
and Council within 10 days of receipt of written denial, by a written
notice of appeal served upon the Borough Clerk. The Mayor and Council
shall schedule a hearing on such appeal within 30 days thereof and
issue its decision within 30 days after such hearing.
There shall be permitted not more than one amusement or entertainment
machine or device as defined in this chapter for each 100 square feet
of net floor area as the same is defined herein, provided that under
no circumstances shall a number of machines be permitted which shall
exceed 30% of the net floor area of the licensed premise as defined
herein. "Net floor area" is defined as the gross floor area of the
licensee's premises, less deductions for counter-space areas,
storage areas, shelving areas, aisle areas, bathrooms, areas of ingress
and egress, office space and other areas which are not intended or
held out for public use. The Construction Code Official shall determine
the maximum number of square feet in each prospective licensed premises
subject to this chapter. No more than nine licenses shall be issued
for the placement, installation, maintenance, operation or possession
of coin-operated amusement devices in or about any single premises
or location.
A.
Each device shall be located at least five feet from the entranceway
to said premises and placed so that it does not obstruct or interfere
with the free and unfettered passage of patrons or users of the premises.
B.
Each device may only be used or operated during the hours of operation
of the premises upon which they are located.
C.
No amusement device shall be located in any premises within 500 feet
of a house of worship.
A license fee of $25 for each device licensed hereunder shall
be payable annually by the licensee.
No license issued pursuant to this chapter is transferable,
and no license fee shall be refunded upon the revocation or surrender
of any license.
A.
License cards issued pursuant to this chapter shall specify the location
of the premises on which the licensed coin-operated amusement device
to be used is kept, a brief description of the device, the device's
number or other means of identification and the name and address of
the owner and licensee or bailee of said device.
B.
All license cards issued pursuant to this chapter shall be posted
and at all times displayed in a conspicuous place at or near the licensed
device.
C.
All licenses issued pursuant to this chapter shall be for terms of
one year, commencing on January 1 and expiring on December 31 of the
year of issuance. Upon the expiration of the license, the holder shall
surrender the license card forthwith to the Borough Clerk.
It shall be unlawful to install, maintain and use any such coin-operated
amusement device for the purpose of giving, directly or indirectly,
any prize, return or profit for the use of the device. Any licensee
who shall suffer, permit or approve the use of any coin-operated amusement
device for gambling purposes shall be deemed to be guilty of a violation
of this section.
No person under the age of 18 years of age shall be permitted
to play or operate any coin-operated amusement devices:
A.
Between the hours of 7:00 a.m. and 3:00 p.m. on any day that the
public schools are in session.
B.
Between the hours of 10:00 p.m. and 7:00 a.m. any day next preceding
a day when the public schools are in session.
C.
Between the hours of 11:30 p.m. and 7:00 a.m. on any day next preceding
a day when the public schools are closed.
Any person, firm or corporation violating any of the provisions
of this chapter shall, upon conviction for such violation, be committed
to the county jail for a term not exceeding 30 days or shall be fined
a sum not exceeding $200, or both, at the discretion of the Municipal
Court of the Borough of Lawnside.
Each and every day in which a violation of any provision of
this chapter exists shall constitute a separate violation.
The objective of this chapter is to regulate the business of
coin-operated amusement devices so as to prevent nuisances to patrons
and the public, fire hazards from overcrowding, poor ingress and egress
at premises where amusement devices are located, the promotion of
gambling, loitering or the creation of an unhealthy atmosphere for
the youth of the community or other foreseeable undesirable effects
of such devices.
