[HISTORY: Adopted by the Mayor and Council of the Borough of Neptune City 2-23-1948 by Ord. No. 48-2. Sections 41-5A and C, 41-6A, 41-7B and C and 41-11 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
[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.
A. 
The application for such license shall contain the following information:
(1) 
Name, address, age and date and place of birth of the applicant.
(2) 
Prior convictions of the applicant, if any.
(3) 
The place where the machine or device is to be displayed or operated and the business conducted at that place.
(4) 
A description of the machine to be covered by the license, mechanical features, name of manufacturer and the serial number.
B. 
No license shall be issued to any applicant unless he shall be over 21 years of age and a citizen of the United States.
[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.[1]
[1]
Editor's Note: Original Subsection (b.) of this section, which immediately followed this subsection and provided that the Electrical Inspector must inspect machines to determine compliance with the Electrical Code, was repealed at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
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]
A. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A, which prohibited persons under 18 years of age from playing any mechanical amusement device, was repealed 6-22-1981 by Ord. No. 81-6.
B. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection B, which prohibited the playing of jukeboxes between the hours of 1:00 a.m. and 6:00 a.m., was repealed 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]
[1]
Editor's Note: For provisions for violations and penalties, previously codified herein see Chapter 1, Article III of these Revised General Ordinances.