[R.O. 1966; R.O. 1966 C.S. § 5:2-1; Ord. 6 S+FF, 9-19-2007 § 1]
As used in this chapter:
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 person who owns more than one coin-operated
device to be used for purposes including but not limited to leasing,
renting out or placing under any kind of arrangement such devices
as herein defined.
Shall mean the premises or portion thereof where a licensed
device is to be operated, used or maintained.
Shall mean the type of machine, electronic game or contrivance
commonly known as bagatelle, baseball, hockey, football, pool table,
gun, shuffle alley, bowling, pinball or pin amusement game, video
game, arcade game or computer game or machine or device similar to
the foregoing which, upon the insertion of a coin, paper money, slug
or token in any slot or receptacle attached to said machine or device
or connected therewith, or which by remote control, mechanical or
manual means, with or without payment of a fee, operates or which
may be operated for use as a game, contest or amusement in a public
or quasi-public place, private club, social club, fraternal organization
or in any building, store or other place wherein the public is invited
or wherein the public may enter.
Shall mean any individual, firm, member of firm, partnership,
member of a partnership, corporation or any officer, director or stockholder
of any corporation, or any agent, or any employees of any such firm,
partnership or corporation.
[R.O. 1966; R.O. 1966 C.S. § 5:2-2]
a.
No coin-operated amusement device as defined in Section 5:2-1 shall be placed for operation, maintenance or use in any public or quasi-public place, club, or in any building, store or other place where the public is invited, or wherein the public may enter, until the distributor has obtained a license for each such machine, game or device from the Director as hereinafter provided.
b.
When a device is wholly owned by the owner of the premises wherein
the device shall be operated, then all provisions of this chapter
shall apply to that owner and all regulations relating to applications,
licensing, fees, and all other regulations and restrictions relating
to the operation, maintenance or use of coin-operated amusement devices
shall apply.
c.
When such owner acts as a "distributor" or engages in the activities of a "distributor," as defined in Section 5:2-1, he shall be bound by all the provisions of Article 2 of this chapter as relates to the licensing of distributors of coin-operated amusement devices. Nothing in paragraph b hereof shall be construed to release any distributor from the obligations imposed on him under Article 2 of this chapter.
[R.O. 1966; R.O. 1966 C.S. § 5:2-3; Ord. 6 S+FF, 8-7-1991]
a.
An application for a license required by this chapter shall be made
on forms furnished by the Director. The Director shall issue all pertinent
regulations and ordinances governing the device at a nominal fee for
the reproduction of same, and the licensee shall certify on a form
provided by the Director, that he has received the regulations and
ordinances, upon application for a license.
b.
The application shall set forth the address of the premises and 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 for the six months
preceding the date of the application:
c.
The application shall set forth the information required by paragraph
b for the person who operates the premises in which the coin-operated
amusement device is to be located.
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 floor plan of the premises
in which the device to be licensed will be located, 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.
g.
The application shall have attached to it a copy of the current valid
certificate of occupancy of the premises wherein the coin-operated
amusement device is to be located.
h.
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.
i.
The license fee shall be payable upon the presentation of the application
and shall be returned less the sum of $10 in the event such license
is not granted.
[R.O. 1966; R.O. 1966 C.S. § 5:2-4; Ord. 6 S+FA, 4-7-1993]
a.
No license shall issue until all the information required on the
application has been submitted by the applicant.
b.
All applications shall be referred to the Chief of Police for investigation. The Chief of Police shall determine if the applicant is in compliance with the distance restriction described in Section 5:2-11. The Chief of Police shall make a recommendation as to whether or not a license should be issued 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 person offenses and convictions of City ordinances. 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 shall furnish the applicant with written notice of the reasons for disapproval.
c.
No license shall be issued to any person until all Federal and State
laws and City ordinances relating to the premises in which the device
will be located have been complied with.
d.
No license shall be issued unless the prescribed license fee has
been paid.
e.
No license shall issue to any applicant where information furnished
on the application is false.
f.
Before issuing a license for any coin-operated amusement device the
Director shall notify the Superintendent of Buildings that application
has been made for a license for a coin-operated amusement device at
a particular premises and forward him copies of the certificate of
occupancy and floor plan submitted with the application. No license
shall be issued until the Superintendent of Buildings certifies the
following to the Director:
1.
The certificate of occupancy is valid.
2.
He or his designee has inspected the premises and has ascertained
that the space requirements of the ordinance are met, the floor plan
submitted is accurate and no building code violations exist.
3.
He or his designee has calculated and posted the premises occupancy
load in accordance with the BOCA code.
4.
He has requested those officials designated by Newark subsection 7:1-2b as Subcode Officials (Chief Plumbing Inspector, Chief Electrical Inspector, and Deputy Chief in charge of Fire Prevention) to inspect the premises to ascertain whether any violations of their subcodes exist and they have certified that no violations exist; in addition the Fire Prevention Subcode Official has determined that the location of the device within the premises will not run counter to any provision of the Fire Prevention Subcode. All Subcode Officials shall deal directly with the applicant and/or operator of the subject premises so that compliance with ordinance requirements can be accomplished.
Where a particular premises cannot be brought into compliance
or where the premises has not been brought into compliance within
a reasonable time, the Superintendent of Buildings shall notify the
Director who shall notify the applicant of the reasons of the denial
of his application.
[R.O. 1966; R.O. 1966 C.S. § 5:2-5]
a.
After proper investigation and approval of the application, the Director
shall issue a license for each coin-operated amusement device in the
name of the distributor of such device.
b.
The license shall state the:
1.
Name and post office address of the licensee.
2.
Name and post office address of the premises wherein the particular
coin-operated amusement device shall be operated, maintained or used.
3.
Name and post office address of the operator of the premises wherein
the coin-operated amusement device shall be operated, maintained or
used.
4.
Coin-operated amusement device to which the license is affixed is
licensed for operation by the City.
[R.O. 1966; R.O. 1966 C.S. § 5:2-6; Ord. 6 S+FB, 7-8-1987; Ord. 6 S+FT, 2-17-1988 § 1; Ord. 6 PSF-C, 8-3-2016 § 2; amended 12-21-2021 by Ord. No. 6PSF-a(s), 12-21-2021]
a.
The license fees for each coin-operated amusement device shall be
$150 payable biennially upon presentation of the application and shall
be returned less the sum of $30 in the event the license is not granted.
b.
All licenses issued, and renewals thereof, under this Chapter 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. The
Division of Tax Abatements/Special Taxes shall establish administrative
rules and/or regulations pertaining to scheduling for the issuance
of a coin-operated amusement device license.
[R.O. 1966; R.O. 1966 C.S. § 5:2-7]
No coin-operated amusement device shall be placed, operated,
maintained or used until the license issued by the Director shall
be affixed thereto in a conspicuous place, so that the same shall
be clearly displayed, and quickly and easily identified.
[R.O. 1966; R.O. 1966 C.S. § 5:2-8; Ord. 6 S+FA, 7-8-2007 § 1]
a.
The licensee shall be permitted to transfer the license issued under
this Article within the year for which it is issued to any other like
device operated in the same premises in place of the device from which
the license is transferred. The licensee shall immediately notify
the Director of such transfer.
b.
The fee for the transfer of a license for any device operated in
premises other than those premises at which the license is currently
issued, shall be $20, payable upon the filing of the request for transfer.
[R.O. 1966; R.O. 1966 C.S. § 5:2-9]
It shall be unlawful for any person licensed under this Article,
his agents or employees and the operator of the premises wherein the
licensed device is located to knowingly permit, suffer or allow a
child under 17 years of age to play or operate any of the coin-operated
amusement devices licensed by this chapter during the hours in which
school is in session. It shall be the responsibility of the persons
to ascertain in the ages of those playing or operating the devices,
and the hours during which school is in session.
[R.O. 1966; R.O. 1966 C.S. § 5:2-10]
It shall be unlawful for any licensee under this Article or
his agents or employees to:
[R.O. 1966; R.O. 1966 C.S. § 5:2-11; Ord. 6 S+FF, 8-7-1991 § 2]
a.
No coin-operated amusement devices shall be licensed, used, placed
or maintained in any location within 1,000 feet of an elementary or
secondary school, provided that this restriction shall not apply to
the licensing, placing, or maintaining of devices in any establishment
licensed under Title 4 of these Revised General Ordinances of the
City where the principal place of business is sale of alcoholic beverages.
b.
Each room of the premises in which a licensed device is located shall
have 100 square feet of unobstructed floor space for each coin-operated
amusement device, located within the room.
c.
Any device licensed pursuant to this Article shall be visible from
the entrance of the premises, or from the main entrance to the floor
of the premises on which it is located.
d.
Any place or premises wherein four or more coin-operated amusement
devices are maintained for use and operation by the public shall be
licensed under Chapter 1 of this Title.
[R.O. 1966; R.O. 1966 C.S. § 5:2-12]
The Director may, in his discretion, require periodical reports
from the licensees under this Article, but not more often than once
in every quarter year, requiring them to disclose:
[R.O. 1966; R.O. 1966 C.S. § 5:2-13]
The Director is hereby authorized to delegate any and all powers
and duties conferred upon him by this Article to any of his subordinates
as he may deem necessary and proper.
[R.O. 1966; R.O. 1966 C.S. § 5:2-14; Ord. 6 S+FF, 8-7-1991 § 3; Ord. 6 S+FA, 4-7-1993]
a.
The Director shall, upon notice thereof, revoke the license of any
persons licensed under the provisions of this Article who shall have
been convicted of any crime or violation of any City ordinance involving
gambling or of any violation of Chapter 2 of Title 5.
b.
Any person whose license has been revoked under the authority of
the preceding paragraph a may, after the lapse of five years from
the date of conviction, apply to the Director for an order removing
the disqualification from holding or obtaining a license under this
Article.
c.
Whenever such application described in paragraph b of this section
is made, the Director shall be satisfied that:
1.
At least five years have elapsed from date of conviction;
2.
The applicant has conducted himself in a law-abiding manner during
that period;
3.
The granting of a license for the operation, maintenance, or use
of a coin-operated amusement device will not be contrary to the public
interest.
Upon satisfaction of the Director with respect to the above-cited
requirements, he may, in his discretion, enter an order removing the
applicant's disqualification from obtaining or holding a license under
this Article because of the conviction. On or after the date of the
entry of such order, the person therein named shall be qualified to
obtain and hold a license under this Article, notwithstanding the
conviction therein referred to, provided he is, in all other respects,
qualified under this Article.
d.
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 premises in which the device is
located;
3.
Any cause which would have been cause for rejection of the application
in the first instance.
If the license is so revoked, the applicant shall not receive
another license under this chapter for one year after revocation and
no coin-operated device shall be licensed for use in the premises
in which the licensed device was located for one year from the date
of revocation.
e.
Any distributor who delivers or any licensee who accepts for delivery
a device not licensed in accordance with the procedure set forth in
this chapter shall be in violation of this ordinance and the Director
shall upon notice thereof, revoke the license of any such distributor
or licensee.
