[R.O. 1966; R.O. 1966 C.S. § 5:1-1]
As used in this chapter:
Shall mean any place or premises wherein four or more coin-operated
amusement machines or devices are maintained for use and operation
by the public.
Shall mean any machine, contrivance or device operated by
the insertion of a coin or otherwise, for use as a game, entertainment
or amusement, whether or not registering a score, and shall include
but not be limited to devices of the type commonly known as bagatelle,
pinball, electronic pingpong, tennis, videogame, or similar machine
or device operated, maintained, or used, or to be operated, maintained
or used, in any public or quasi-public place, or in any building,
store, or other place wherein the public is invited or wherein the
public may enter.
Shall mean the Director of the Department of Finance and/or
his designee.
Shall mean any individual, firm, member of firm, partnership,
member of partnership, corporation or any officer, director or stockholder
of any corporation, or any agent, or any employees of any such firm,
partnership or corporation.
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NOTE: For State Statutes authorizing municipal licensing and
regulation of amusements, see N.J.S. 40:52-1 and -2, as amended. See
also N.J.S. 40:48-1 and -2.
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For State Statutes pertaining to fire protection in places of
amusement, see N.J.S. 5:3-1 et seq.
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CROSS REFERENCE: For licensing and regulating of other businesses
and occupations, see Index headings for specific businesses.
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[R.O. 1966; R.O. 1966 C.S. § 5:1-2]
No person shall operate or maintain an arcade without first
obtaining a license therefor from the Director covering the premises
wherein the arcade is to be operated. Nothing herein contained shall
exempt any coin-operated amusement device from any license requirement
under Chapter 2 of this Title.
[R.O. 1966; R.O. 1966 C.S. § 5:1-3]
a.
An application for a license required by this chapter shall be made
on forms furnished by the Director.
b.
The application shall set forth the following information about each
applicant and in the case of partnerships, each partner, and in the
case of corporations, each director, officer, and stockholder holding
in excess of 10% of stock. The information shall also be furnished
for all partners, directors, officers, or stockholders holding in
excess of 10% of stock for the six months preceding the date of the
application;
c.
The application shall set forth the information required by paragraph
b for the manager or authorized agent of the applicant who shall be
in charge of or conduct the business of the applicant within the City
of Newark.
d.
The application shall set forth the name and address of the registered
agent of the applicant or the person upon whom service of process
is authorized to be made.
e.
The application shall further set forth whether or not any of the
persons described in paragraphs b and c have ever been convicted of
a crime or of a violation of a City ordinance or disorderly persons
offense involving gambling.
f.
The application shall have attached to it a copy of a valid certificate
of occupancy certifying that the premises may be used as an arcade,
having met the requirements for such use of the Uniform Construction
Code as adopted by the City of Newark. In no case shall a license
be issued or renewed unless the applicant has obtained a certificate
of occupancy, and a new certificate of occupancy must be obtained
prior to each issuance or renewal.
g.
The application shall have attached to it a floor plan of the premises
to be licensed, showing clearly all entrances and exits and indicating
the total number of unobstructed square feet of any room within the
premises in which coin-operated amusement devices are to be located.
h.
The application must be accompanied by a certification from the Building
Sub-Code Official of the City of Newark or his designee that the premises
occupancy load has been calculated and posted in accordance with the
BOCA Construction Code.
i.
The application shall contain a certification under oath by the applicant
or its authorized representative that the information contained in
the application and all attachments thereto is complete, accurate
and truthful to the best of his knowledge and belief.
j.
The license fee shall be payable upon the presentation of the application
and shall be returned less than the sum of $20 in the event such license
is not granted.
[R.O. 1966; R.O. 1966 C.S. § 5:1-4]
a.
No license shall be issued until all the information required on
the application has been submitted by the applicant.
b.
No license shall be issued for any premises without a valid certificate
of occupancy for use as an arcade.
c.
All applications shall be referred to the Chief of Police for investigation.
The Chief of Police shall make a recommendation as to whether or not
a license should issue based upon his investigation of the applicant's
conduct as a law abiding person and shall consider past operations,
if any, convictions of crimes, and convictions of disorderly persons
offenses or violations of City ordinances involving gambling or moral
turpitude. He shall also consider any convictions pursuant to N.J.S.
2C:33-12, maintaining a nuisance, which involve the subject premises.
If the Director shall disapprove a license based upon the recommendation
of the Chief of Police, he/she shall furnish the applicant with written
notice of the reasons for disapproval.
d.
No license shall be issued to any person until all Federal and State
laws and City ordinances relating to the premises have been complied
with.
e.
No license shall be issued unless the prescribed license fee has
been paid.
f.
No license shall be issued to any applicant where information furnished
on the application is false.
[R.O. 1966; R.O. 1966 C.S. § 5:1-5; Ord. 6 PSF-C, 8-3-2016 § 1;
amended 12-21-2021 by Ord. No. 6PSF-a(s), 12-21-2021]
The fee to be paid for the license required by this Chapter
shall be $3,000 biennially. The license shall expire biennially on
March 31st after its date of issuance. If any applicant obtains an
initial license pursuant to this section after the renewal date or
in between a biennial cycle, the applicant will pay a pro-rated application
fee. The applicant's license will thereafter expire on March 31st
in accordance with the biennial licensing cycle.
[R.O. 1966; R.O. 1966 C.S. § 5:1-6]
[R.O. 1966; R.O. 1966 C.S. § 5:1-7]
The license shall not be transferable from place to place or
to another person, until proper application shall have been made as
heretofore provided for an original issuance, and shall be granted
only on the written consent of the Director.
[R.O. 1966; R.O. 1966 C.S. § 5:1-8]
No person shall be employed by or perform any service for the
licensee unless he shall have applied for and received a permit from
the Director and shall have shown himself to be a person of good moral
character. Such permit shall be valid for the same period as the arcade
license issued to his employer-licensee. Such person may be required
to furnish his fingerprints and photograph and the Director may take
into consideration the arrest and criminal record, if any, of such
applicant in determining whether such permit shall or shall not be
issued.
[R.O. 1966; R.O. 1966 C.S. § 5:1-9]
Each room of the licensed premises in which coin-operated amusement
devices are located shall have 35 square feet of unobstructed floor
space for each coin-operated amusement device located within the room.
[R.O. 1966; R.O. 1966 C.S. § 5:1-10]
The licensee or his agents, servants or employees shall not:
[R.O. 1966; R.O. 1966 C.S. § 5:1-11]
No arcade licensed under this chapter shall be open between
the hours of midnight and 9:00 a.m. or before 1:00 p.m. on Sunday.
No licensee or his agents, servants or employees shall knowingly
permit, suffer, or allow any person under 17 years of age to frequent
the licensed premises, or to play or operate any of the coin-operated
amusement devices maintained therein during those hours in which school
is in session. It shall be the responsibility of the licensee or his
agents, servants or employees to ascertain the age of those admitted
to the premises and the hours during which school is in session.
Any arcade licensed under this chapter, wherein 10 or more coin-operated
amusement devices are maintained for use and operation, shall be required
to have a security guard present on the premises at such times as
it is open for business.
[R.O. 1966; R.O. 1966 C.S. § 5:1-12]
a.
In addition to any other penalties for any violation of this chapter,
the Director may, after notice and hearing and for just cause, suspend
or revoke any license issued hereunder for:
1.
A violation of the provisions of this chapter;
2.
Failure to comply with the Federal or State laws, or City ordinances
pertaining to the operation of the licensed premises;
3.
Failure to maintain the premises in accordance with the provisions
of this chapter;
4.
Any cause which would have been cause for rejection of the application
in the first instance;
5.
Falsification of the application; or
6.
Accepting delivery of an amusement device which has not been licensed
in accordance with the procedure set out in Chapter 2 of this Title.
b.
If the license is revoked, the premises shall not be licensed under
this chapter for a period of one year from date of revocation.
[R.O. 1966; R.O. 1966 C.S. § 5:1-13]
This chapter is enacted for the purpose of raising revenue,
and for the regulation and control of arcades.
[R.O. 1966; R.O. 1966 C.S. § 5:1-14]
Any person who violates any provision of this chapter shall,
upon conviction thereof, be liable to a fine not exceeding $250 for
the first offense and not more than $500 for the second and each subsequent
offense, or by imprisonment for a term not exceeding 90 days, or both.
A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
