[HISTORY: Adopted by the Mayor and Council of the Borough
of Woodbury Heights 3-11-63 as Ord. No. 63-2, Ch. 4. Section 38-13 added at time of adoption of Code;
see Ch. 1, General Provisions, Article I. Amendments noted where applicable.]
This chapter is enacted for the purpose of raising revenue and
for the regulation and control of amusement games and machines known
and designated as electric crane machines, bagatelle, ballyhoo and
pinball games or coin music boxes, commonly called jukeboxes.
[Amended 6-10-63 by Ord. No. 63-8]
No person shall maintain, operate or possess in any store, building
or other place wherein the public is invited or where the public may
enter or in any building or other place wherein any club or organization
meetings are held, within the borough, any amusement games or machines
of the type commonly known as electric crane machines, bagatelle,
ballyhoo, pinball machines, pool tables, billiard tables, ping pong
tables or any other amusement games or any coin music boxes for the
playing of music, commonly called jukeboxes, without first obtaining
a license therefor.
A.
The proprietor of the premises where each game, machine or jukebox
regulated by this chapter is to be installed shall be the applicant
for the license required by this chapter. The application shall be
signed by the applicant.
B.
The Borough Clerk shall cause to be prepared the necessary forms
of application for licenses to maintain each game, machine or jukebox
regulated by this chapter, which application shall state the name
and address of the applicant, the exact location where the game, machine
or box is to be installed, the kind of game, machine or box, and shall
state whether or not the applicant has been convicted of a crime or
violation of any federal, state or local laws and such other information
as the Borough Council shall deem necessary and proper. A separate
application shall be required for each game, machine or box.
C.
The license fee shall accompany each application filed, and if the
application is denied the fee shall be returned to the applicant.
Upon receipt of an application for a license under this chapter,
the Borough Clerk shall refer the same to the Chief of Police and
the Chief of the Fire Department, who shall make or cause to be made
an inspection of the premises described in the application. The Chief
of Police and the Chief of the Fire Department upon completion of
their inspection, shall attach to such application their reports thereon,
which shall also state their approval or disapproval and the reasons
therefor. Upon receipt of such application and inspection reports,
the Borough Council shall proceed to consider the same and shall either
approve or disapprove the issuance of the license to the applicant.
If the application is approved, the Borough Council shall authorize
the Borough Clerk to issue the necessary license upon receipt of the
fee for such license.
[Amended 12-12-66 by Ord. No. 66-13]
The annual license fee for a license for each amusement game or machine required by § 38-2, shall be paid within 30 days after the installation of such machine or within 30 days after January 1 for each succeeding year that the license is requested.[1]
[1]
Editor's Note: The fee provisions were removed at the
request of the borough. Current fee provisions are on file in the
office of the Borough Clerk.
[Amended 12-12-66 by Ord. No. 66-13]
The annual license fee for each coin music box, commonly called a "jukebox," required by § 38-5, shall be paid within 30 days after the installation of such box or within 30 days after January 1 for each succeeding year that the license is requested.[1]
[1]
Editor's Note: The fee provisions were removed at the
request of the borough. Current fee provisions are on file in the
office of the Borough Clerk.
The license required by this chapter, when granted, shall be
affixed in a conspicuous place to the game, machine or box for which
it was issued and shall show the name and post office address of the
licensee, the manufacturer's serial number of the game, machine
or box, the amount required to operate such game, machine or box,
and shall state that the game, machine or box to which the same is
affixed is licensed by the borough.
A.
Every license issued under this chapter shall apply only to the person
to whom it was granted and for the premises stated in the application
and on the license, and shall not be transferable to another person
or location unless the Borough Council approves of such transfer in
writing.
B.
Nothing contained in this chapter shall prohibit the holder of a
license under this chapter from substituting a game or machine at
the location set forth in such license, but at no time shall more
than one game or machine be operated under one license.
No person under the age of 16 years shall be permitted to play
or operate any electric crane machines, bagatelle, ballyhoo or pinball
amusement games or machines.
No person shall use or permit to be used any of the games, machines
or boxes licensed under this chapter for the purpose of gambling.
The Borough Council may, in its discretion, revoke such license if
the game, machine or box is used or permitted to be used for the purpose
of gambling.
[Added 12-9-74 by Ord. No. 74-19]
Pursuant to N.J.S.A. 5:8-31 games of chance as defined in N.J.S.A.
5:8-24, "Bingo Licensing Law" are authorized to be conducted within
the Borough of Woodbury Heights on the first day of the week, commonly
known and designated as Sunday, by an organization permitted to make
application under the provisions of N.J.S.A. 5:8-25 and upon proper
application in accordance with the provisions of N.J.S.A. 5:8-26,
27 and 28.
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be subject to a fine
of not more than $500 or imprisonment for a term not to exceed 90
days, or both. Each day such violation is committed or permitted to
continue shall constitute a separate offense and shall be punishable
as such.
