As used in this Article, the following words shall have the
following respective meanings:
Any establishment having four or more mechanical games and
operated for the primary purpose of using mechanical or electronic
games.
Any machine, apparatus, contrivance, appliance or device
which may be operated or played upon the placing or depositing therein
of any coin, check, slug, ball or any other article or device, or
by paying therefor either in advance of or after use, involving in
its use either skill or chance, including but not limited to tape
machine, card machine, pinball machine, bowling game machine, shuffleboard
machine, marble game machine, horse racing machine, basketball game
machine, baseball game machine, football game machine, electronic
video game or any other similar machine or device.
Any owner or lessee of mechanical or electronic games who
installs or maintains the same in any place of business which is not
his own or under his direct control where the same can be played or
operated by persons in the same place.
Any corporation, association, syndicate, joint-stock company,
partnership, club, society or individual.
The person in whose place of business any such mechanical
or electronic game is displayed for the amusement, patronage or recreation
of the public or of persons in or about said place.
Any educational institution, public, private, secular or
parochial, which offers instruction of high school grade or below.
Any street, alley, way, boulevard or road, either public
or private, that is used or to be used for ingress or egress.
A.
No person shall operate, maintain or install in any store, building,
public or quasi-public place wherein the public is invited or wherein
the public may enter, mechanical or electronic games unless such person
shall have first obtained a license for that mechanical or electronic
device from the Council of the city.
B.
A license shall be issued only upon completion of review by the Code
Enforcement Official and the Police Department.
C.
A license shall be issued for each mechanical or electronic game.
D.
Licensing period; fees; transfer.
(1)
The license for the placing, operation, maintenance or use of mechanical
or electronic devices shall be issued to and in the name of the proprietor
of the premises where the machine or device is to be installed, for
one year commencing January 1 and expiring December 31 next at 12:00
midnight.
(2)
The fee for each such license shall be as follows: Jukeboxes and
pool tables, $50 per year for each device; cigarette machine and vending
machine, $50 per year for each device; video/pinball machines, $50
per year for each device; all other mechanical or electronic games
or devices, $50 per year for each machine. (Ord. No. 12-1998; Ord.
No. 5-2009)
(3)
Such license shall be transferable to a similar device or machine;
provided, however, that the license issued to the proprietor shall
specifically state the number of machines which such proprietor shall
be entitled to install and operate on such premises; and provided
further that the proprietor shall at no time maintain, operate or
install any machine in excess of the number licensed.
E.
Any or all civic, fraternal, religious or other nonprofit organizations
which are or are entitled to be exempt from taxation under federal
or state law shall be required to apply for and obtain the appropriate
licenses and shall comply with all other provisions of this Article;
provided, however, the fee for said organizations for jukeboxes or
all other automatic amusement games or devices shall be $20 per year
for each machine.
F.
No person shall operate or maintain an arcade wherein the public
is invited or wherein the public may enter unless such person shall
have first obtained a license for the premises.
G.
The license for an arcade shall be issued to and in the name of the
proprietor of the premises where the machine is to be installed, for
one year commencing January 1 and expiring December 31 next at 12:00
midnight.
H.
The fee for an arcade license shall be $750, in addition to the fee for each device set forth in Subsection D.
[Ord. No. 12-1998; Ord. No. 5-2009]
I.
No license shall be issued under this Article to any person who shall
have been convicted of a crime or who has been convicted of any criminal
or disorderly persons with any offense under the federal or state
law including crimes and offenses under the New Jersey Code of Criminal
Justice, N.J.S.A. 2C:1-1, et seq. ("Crimes Act"), a Disorderly Conduct
(N.J.S.A. 2C:33-2), or any municipal ordinance if the offense for
which the applicant was convicted was one of gambling, and in the
event the licensee shall, after the issuance of such license, be convicted
of the offense of gambling or any offense against the Crimes Act,
a Disorderly Conduct, or any such municipal ordinance, then the license
of such person shall be forthwith canceled and all machines operated
or controlled by such person shall thereafter be deemed to be operated
in violation of this Article.
The application for a license required hereunder shall be on
a form prescribed by the City Clerk. Fingerprinting of all applicants
is required for purposes of enabling the investigating official to
conduct the investigation.
The license shall be permanently and conspicuously posted on
the device in the premises wherein said games are to be operated or
maintained to be operated. The arcade license shall be conspicuously
posted in the premises and shall state the number of devices licensed
on the premises.
No license shall be transferable nor apply to any device other
than the original specified as the device licensed except upon written
permission of the City Clerk granted upon written application by the
transferee, made in the same manner as may be required in the instance
of the original application for such license.
It shall be unlawful for any arcade to be located, operated
or maintained to be operated within 1,000 feet of the nearest street
entrance to or exit from any public playground or public or private
school of elementary or high school grades nor within 300 feet of
any residential zone, said distance to be measured from said entrance
or exit in the most direct line or route on, along or across said
street or streets adjacent to said public playground or public or
private school of elementary or high school grade or residential zone.
The restrictions established hereunder shall not apply to business
lawfully in existence and operating upon the effective date of this
Article.
A.
No proprietor, employee thereof or person in charge shall allow any
minor under 18 years of age to play or use any such game during the
academic year for South Amboy public schools between the hours of
7:00 a.m. and 3:00 p.m., except during school holidays and on Saturday
and Sunday, nor between the hours of 11:00 p.m. and 7:00 a.m. on all
days preceding school days, and between 12:00 midnight and 7:00 a.m.
on all other days. This provision shall not apply if any minor is
attending a school-sponsored event and said minor is under the supervision
of a school official who has identification indicating his position.
B.
Any person who shall knowingly permit a person under the age of 18
to operate any machine or device during the prohibited hours shall
be deemed to be guilty of a violation of this Article and shall be
punished by a fine not to exceed five hundred dollars ($500) or imprisonment
for a term of not more than 90 days, or both, in the discretion of
the Judge.
Any person who shall violate any provisions of this Article shall, upon conviction thereof, be punishable as provided in Section 88-57.
Neither this Article nor any provisions therein contained shall
include or apply to any act which is made a public offense by the
Criminal Code of the State of New Jersey or by any other law of the
State of New Jersey or of the United States government; nor shall
this Article or any provision therein contained authorize or permit
or be construed as authorizing or permitting the keeping, maintaining,
possessing, using or operating in the City of South Amboy of any contrivance
or device otherwise prohibited by law.
