As used in this Article, the following words shall have the following respective meanings:
ARCADE
Any establishment having four or more mechanical games and operated for the primary purpose of using mechanical or electronic games.
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.
OPERATOR
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.
PERSON
Any corporation, association, syndicate, joint-stock company, partnership, club, society or individual.
PROPRIETOR
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.
SCHOOL
Any educational institution, public, private, secular or parochial, which offers instruction of high school grade or below.
STREET
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.