[Added 8-26-1991 by Ord.
No. 1991-10]
As used in this chapter, the following terms shall have the
meanings indicated:
AMUSEMENT ARCADES
Parlors or shops containing video games, mechanical amusement
devices and/or jukeboxes, meaning any building, structure, facility
or place of business used by the general public, containing four or
more video games and/or mechanical amusement devices, excluding jukeboxes,
are required to be licensed as an "amusement arcade" and are to comply
with all sections of this chapter.
[Added 12-13-1982 by Ord.
No. 82-11]
JUKEBOX
Any music vending machine, contrivance or device which, upon
the insertion of a coin, slug, token, plate, disc or key into any
slot, crevice or other opening, or by the payment of any price, operates
or may be operated for the emission of songs, music or similar amusement.
MECHANICAL AMUSEMENT DEVICE
Any machine which, upon the insertion of a coin, slug, token,
plate or disc, may be operated by the public generally for use as
a game, entertainment or amusement, whether or not registering a score.
It shall include such devices as marble machines, pinball machines,
skill ball, mechanical grab machines and all games, operations or
transactions similar thereto under whatever name may be indicated.
PERSON, FIRM, CORPORATION OR ASSOCIATION
Includes any person, firm, corporation or association which
owns any such machines; the person, firm, corporation or association
in whose place of business any such machine is placed for use by the
public; and the person, firm, corporation or association having control
over such machine; provided, however, that the payment of such fee
by any person, firm, corporation or association enumerated herein
shall be deemed a compliance with this section of the chapter.
VENDING MACHINES
Any machine which, upon the insertion of a coin, slug, token,
plate, or disc, may be operated by the public generally to purchase
gum, candy, soda, small toys and novelties, and other products.
Nothing in this chapter shall in any way be construed to authorize,
license or permit any gambling devices whatsoever, or any mechanism
that has been judicially determined to be a
[Amended 8-26-1991 by Ord. No. 1991-10]
Any person, firm, corporation or association displaying for public patronage or keeping for operation any jukebox or mechanical amusement device, or vending machines, as herein defined by §
41-1, shall be required to obtain a license from the Borough of Neptune City upon payment of a license fee. Application for such license shall be made to the Borough Clerk upon a form to be supplied by the Borough of Neptune City for that purpose.
[Amended 11-8-1976 by Ord. No. 76-10]
A. Application for a license shall be made to the Chief of Police.
[Amended 11-8-1976 by Ord. No. 76-10]
B. The Chief of Police shall investigate the location wherein it is
proposed to operate such machine, ascertain if the applicant is a
person of good moral character and either approve or disapprove the
application.
C. No license shall be issued to any applicant unless it is approved
by the Chief of Police.
[Amended 12-13-1982 by Ord. No. 82-11; 8-9-2004 by Ord. No. 2004-13]
A. Every applicant, before being granted a license, shall pay the following annual license fee for the privilege of operating or maintaining for operation each jukebox or mechanical amusement device as defined in §
41-1 herein:
[Amended 11-8-1976 by Ord. No. 76-10]
(1) Jukeboxes, $25 per machine.
(2) Mechanical amusement devices, $50 per machine.
[Amended 6-22-1981 by Ord. No. 81-6]
(3) Amusement arcades, as set forth in §§
79-3 and
79-4 of the Code of the Borough of Neptune City, in addition to the fees per machine set forth in Subsection
A(1) and
(2) above.
[Added 12-13-1982 by Ord.
No. 82-11]
(4) [Added 8-26-1991 by Ord.
No. 1991-101] Vending machines.
$0.1 to $0.25
|
$10 per machine
|
$0.26 to $1
|
$20 per machine
|
Over $1
|
$30 per machine
|
B. Each license shall expire on the 31st day of December following issuance.
All licenses issued between the first day of September and the 31st
day of December following in any year shall be issued for 1/2 of the
fee thereof.
[Amended 11-8-1976 by Ord. No. 76-10]
A. The license or licenses herein provided for shall be posted permanently
and conspicuously at the location of the machine in the premises wherein
the device is to be operated or maintained to be operated.
B. Such license may be transferred from one machine or device to another
similar machine upon application to the Borough Clerk to such effect
and the giving of a description and the serial number of the new machine
or device.
[Amended 11-8-1976 by Ord. No. 76-10]
C. If the licensee shall move his place of business to another location within the Borough of Neptune City, the license may be transferred to such new location upon application to the Borough Clerk, giving the street and number of the new location. The new location shall be approved by the Chief of Police in the same manner as provided in §
41-4 of this chapter.
[Added 6-22-1981 by Ord.
No. 81-6]
C. No person, firm, corporation or association shall permit the playing
of jukeboxes or mechanical amusement devices within 600 feet of any
church, public or parochial school or playground.
D. No person, firm or corporation holding a license under this chapter
shall permit the playing or operating of any mechanical amusement
device or jukebox unless there is an attendant employed by the license
holder present on the premises.
[Added 6-22-1981 by Ord.
No. 81-6]
E. The number of mechanical amusement devices and jukeboxes permitted
in the licensed premises shall not exceed 40% of the total floor space
of that portion of the premises to which the public is invited.
Every license issued under this chapter is subject to the right,
which is hereby expressly reserved, to revoke the same should the
licensee, directly or indirectly, permit the operation of any jukebox
or mechanical amusement device contrary to the provisions of this
chapter, the ordinances of the Borough of Neptune City or the law
of the State of New Jersey. Said license may be revoked by the Borough
Council after written notice to the licensee, which notice shall specify
the ordinance or law violations with which the licensee is charged,
if, after a hearing, the licensee is found to be guilty of such violations.
10 days' notice of the hearing shall be given the licensee. At
such hearing the licensee and his attorney may present and submit
evidence of witnesses in his defense.
If the Chief of Police shall have reason to believe any mechanical
amusement device is used as a gambling device, such machine may be
seized by the police and impounded, and if upon trial of the exhibitor
for allowing it to be used as a gambling device said exhibitor is
found guilty, such machine shall be destroyed by the police.
[Amended 11-8-1976 by Ord. No. 76-10; repealed 9-27-2004 by Ord. No. 2004-15]