[R.O. 1966 § 5:2-15]
As used in this chapter:
DIRECTOR
Shall mean the Director of the Department of Finance and/or his designee.
DISTRIBUTOR
Shall mean any person who leases or rents out or places under any kind of arrangement, one or more coin-operated amusement devices as defined in Section 5:2-1.
[R.O. 1966 § 5:2-16]
No person shall distribute to any person or to the owner, occupant, or licensee of any premises, any coin-operated amusement device as defined in Section 5:2-1 for the purpose of operation thereof, without first having obtained a license (hereinafter referred to as a distributor's license) therefor from the Director.
[R.O. 1966; R.O. 1966 C.S. § 5:2-17; Ord. 6 S+FF, 8-7-1991 § 4]
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 coin-operated amusement devices 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 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:
1. 
Name;
2. 
Date and place of birth;
3. 
Business address and telephone number;
4. 
Home address and telephone number.
Such persons may be required to furnish fingerprints and photographs.
c. 
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.
d. 
The application shall further set forth whether or not any of the persons described in paragraph b have ever been convicted of a crime or of a violation of a City ordinance or disorderly persons offense involving gambling.
e. 
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.
f. 
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.
g. 
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.
[R.O. 1966; R.O. 1966 C.S. § 5:2-18; Ord. 6 S+FA, 4-7-1993; Ord. 6 PSF-C, 8-3-2016 § 2; amended 12-21-2021 by Ord. No. 6PSF-a(s), 12-21-2021]
a. 
No license shall be issued 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 restrictions described in Section 5:2-11. The Chief of Police shall make a recommendation as to whether or not a license shall be issued based upon his investigation of the applicant's conduct as a law abiding person and convictions of disorderly persons offenses or violations of City ordinances. He shall also consider any convictions pursuant to N.J.S.A. 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 law and City ordinances relating to the premises have been complied with.
d. 
No license shall be issued unless the prescribed license fee has been paid.
e. 
No license shall be issued to any applicant where information furnished on the application is false.
f. 
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. § 5:2-19; Ord. 6 S+FT, 2-17-1988 § 2; amended 12-21-2021 by Ord. No. 6PSF-a(s), 12-21-2021]
The license issued under this Article, shall designate the number of coin-operated amusement machines allowed to be distributed under the particular license. The fee for the particular license shall be fixed at $1,500 biennially.
The above license fees are fixed for the purpose of both regulation and revenue and shall be payable with the filing of the application, and if the application is rejected, the fee is to be returned to the applicant.
The license fee shall be payable upon the presentation of the application and shall be returned less the sum of $30 in the event such license is not granted.
[R.O. 1966; R.O. 1966 C.S. § 5:2-21]
All coin-operated amusement machines and devices distributed by the licensee shall display in a prominent place in view of the player a notice, in a form approved by the Director, in prominent lettering and setting forth that the machine shall not be used for gambling purposes, nor shall any child under 17 years of age be permitted to play or operate the device during hours when school is in session and that no prizes of any kind shall be given by any person in connection with the play or operation of the same.
[R.O. 1966 § 5:2-22]
The licensee shall report to the Director in writing, in form and manner required by the Director, the name and address of the person and the premises to whom a coin-operated amusement machine has been delivered and distributed within seven days after same has been delivered by the distributor.
[R.O. 1966 § 5:2-23]
The licensee shall forthwith, upon the order of the Director remove from any person or premises any coin-operated amusement machine or device distributed by him, upon the determination and order of the Director that the same is to be withdrawn from operation.
[R.O. 1966 § 5:2-25; Ord. 6 S+FF, 8-7-1991 § 5; Ord. No. 6 S+FA, 4-7-1993]
a. 
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not less than $100 but not exceeding $1,000 and/or imprisonment for a term not exceeding 90 days, and/or a period of community services not exceeding 90 days. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
b. 
In addition to the penalty provided in paragraph a of this section, any license or permit issued under this chapter to any person so convicted shall be suspended or revoked for one year for the first offense and up to five years for the second offense.
[Ord. 6 S+FA, 4-7-1993 § 5:2-26; Ord. 6PSF-A(S), 1-7-2016]
a. 
Any coin-operated amusement device that is found to be in use in any public or quasi-public place, club or in any building, store or the place where the public is invited or where the public may enter that is found not to be licensed pursuant to the requirements of Section 5:1-1 et seq. and Section 5:2-2 et seq., shall be seized by a Law Enforcement Officer and taken to a secure place.
b. 
A Law Enforcement Officer shall mail a notice of the seizure by certified mail to the owner, distributor and anyone who has a secured interest in the coin-operated amusement device as indicated by the Secretary of State.
c. 
The coin-operated amusement device shall be surrendered to the owner, distributor or holder of a secured interest provided that they indicate in writing the location where the coin-operated amusement device will be stored after it is surrendered and provided that the storage of the coin-operated amusement device at the location indicated will not constitute a violation of any law. A transportation fee of $10 and storage fee of $5 per day shall be charged to the claimant of the coin-operated amusement device.
d. 
Any interested party who disputes that the coin-operated amusement device was used in violation of this chapter may request a hearing to be held by the Manager of the Division of Tax Abatements/Special Taxes. If the Manager of the Division of Tax Abatements/Special Taxes determines after a hearing by the preponderance of the evidence that the coin-operated amusement device was not used in violation of this chapter then the device shall be surrendered without charge.
e. 
Any coin-operated amusement device that is not claimed after 30 days from the receipt of the mailed notice shall be disposed of by the Division of Police.