[Ord. 6 S+FF, 9-19-2007 § 2]
a. No license shall be granted for any mechanical amusement device which
is to be used for the purpose of gambling. For the purpose of this
Article, a mechanical amusement device, the operation of which is
based in any part on random chance or the random assignment of numbers
and the operation of which does not require more than minimum skill
or hand-eye coordination, shall be presumed to be intended to be utilized
for gambling purposes. By way of clarification but not limitation,
mechanical amusement devices used for the purpose of gambling shall
be deemed to include the following:
1. Mechanical amusement devices known as "Joker Poker" or any similar
mechanical amusement devices displaying playing cards; Keno or any
similar mechanical amusement devices displaying a number board where
numbers are designated randomly; Horse Racing; Roulette; Dice; LuckyLines,
Cherry Master or any similar mechanical amusement devices styled after
a slot machine with a rolling display or circular wheel on which are
depicted symbols; lotto or lottery type machines regardless of the
remuneration received for use on the operation of the device.
2. Any mechanical amusement device, the operation of which is based
in any part on random chance or the random assignment of numbers and
the operation of which does not require more than minimal skill or
hand-eye coordination and which does not have an operable slot or
receptacle for the insertion of coin or paper money.
3. Any mechanical amusement device, the operation of which is based
in any part on random chance or the random assignment of numbers and
the operation of which does not require more than minimal skill or
hand-eye coordination and with buttons or controls labeled "double
up" or "bet" or buttons or controls performing said functions regardless
of label.
4. Any mechanical amusement device, the operation of which is based
in any part on random chance or the random assignment of numbers and
the operation of which does not require more than minimal skill or
hand-eye coordination and which can be controlled or operated from
a remote location by other than the individual player.
5. Any mechanical amusement device, the operation of which is based in any part on random chance or the random assignment of numbers and the operation of which does not require more than minimal skill or hand-eye coordination and which is readily capable of being converted by the internal technology of the mechanical amusement device to machines such as set forth in subsection
a,
1.
b. For the purposes of this prohibition, mechanical amusement devices
commonly known as "pinball machines," regardless of the nature of
any visual display thereon, shall be deemed to require more than minimal
skill or hand-eye coordination and thus are not subject to this prohibition
against licensing.
[Ord. 6 S+FF, 9-19-2007 § 2]
No persons shall operate, maintain or use in any public or quasi-public
place, club, private club, social club, fraternal organization or
in any building, store or other place where any person is invited
or where any person may enter, any mechanical amusement device, without
first having obtained a license for each such device as hereinafter
provided.
A separate license shall be required for each device capable
of being played independently from any other device, whether or not
one or more such devices is encased in one enclosure.
[Ord. 6 S+FF, 9-19-2007 § 2]
a. No license required by this Article shall be issued to:
1. Any applicant who shall have been convicted of any crime of the first,
second, third or fourth degree or equivalent crimes in other states
or the Federal system within three years of the date of his application
or date of annual renewal of same unless the applicant shall have
within that three-year period completed parole or probation supervision
in connection with such crime.
2. Any applicant who shall have been convicted of a disorderly persons
offense or petty disorderly person offense relating to gambling.
b. Any applicant who intends to operate, maintain or use any mechanical
amusement device on any premises or location wherein a violation of
this Article has occurred and for which violation a license has been
suspended for a period of one year or more. The provisions of this
subsection shall apply regardless of any transfer of ownership.
c. With regard to an application from corporations or partnerships,
an applicant wherein a stockholder holding 10% or more of the stock
or a partner holding a 10% or greater share in the partnership has
been convicted of a crime, a disorderly persons offense or a petty
disorderly persons offense relating to gambling or any violation of
this Article, shall be denied a license.
[Ord. 6 S+FF, 9-19-2007 § 2]
a. An application, sworn to by the applicant, shall be filed with the
licensing division, upon forms requesting the information set forth
in this Article.
b. The license inspector shall investigate all applicants and the premises
wherein each mechanical devices shall be located.
c. Notice of Intention to Apply for License.
1. Following the filing of an application for a premises where no licensed
mechanical amusement device has been located prior to the application,
the applicant shall publish a notice of his or her intention to apply
for a license to operate, maintain or use a mechanical amusement device
or devices.
2. The notice of intention shall state the following:
(a)
The name and address of the applicant.
(b)
The address of the premises where the device or devices are
to be maintained.
3. Said notice shall be published once in a newspaper circulated in
the City of Newark.
4. Proof of such publication shall be evidenced by filing a copy of
the publication with the Licensing Division prior to consideration
of the application by the Division of Tax Abatements and Special Taxes.
[Ord. 6 S+FF, 9-19-2007 § 2]
a. Upon proper investigation and approval of the application for a license
by the Division, the Division shall issue a license for each mechanical
amusement device in the name of the proprietor of the premises where
such device or devices are to be operated, used or maintained.
b. The application for each mechanical amusement device must be signed
by the applicant and said signature acknowledged by a notary public
or other person authorized by the State of New Jersey to administer
oaths.
c. The application for a license or renewal of a license shall state:
1. The name, residence, date of birth, driver's license number and street
address of the applicant. The applicant must also identify an agent
for service of process.
2. If the license is to be held by a corporation or partnership, the
corporation or partnership shall list the names and addresses of its
stockholders holding 10% or more of its stock or a 10% or greater
interest in the partnership.
3. The street address of the premises where the device is to be operated,
used or maintained, including the portion of the premises where the
device is to be operated, used or maintained and the owner of record
of said premises.
4. The machine or device licensed for operation and its intended use,
to which the license is to be affixed, including a description of
the machine, manufacturer and serial number.
5. The name, address, telephone number and mechanical amusement device
distributor license number of the distributor from whom the applicant
has purchased, leased, rented or otherwise obtained the machine.
6. A copy of the bill of sale for each machine disclosing the holder
of any security interest or, in the alternative, the lease/rental
agreement of said machine.
7. Any trade name to be used at the premises where the machine is to
be located. A copy of the applicable trade name certificate shall
be attached to the application.
8. If the applicant for the license is not the owner of record for the
premises at which the machine will be located, a copy of the lease
or rental agreement establishing the applicant's right to use the
premises for the period of the license must be provided.
9. The application shall contain a certification under oath made by
the applicant that the information contained in the application and
all attachments thereto is complete, accurate and truthful to the
best of his or her knowledge and belief.
10. The application shall request a social security number from the licensee
however compliance with such request is optional.
d. The license shall state:
1. The name, post office address and street address of the licensee.
2. The street address and portion of the premises where the device is
to be operated, used or maintained.
3. A description and serial number of the machine or device licensed
for operation and its intended use.
[Ord. 6 S+FF, 9-19-2007 § 2]
No mechanical amusement device shall be placed, operated, maintained
or used until the license issued pursuant to this Article shall be
affixed thereto in a conspicuous place, so that the license shall
be easily and quickly identified.
[Ord. 6 S+FF, 9-19-2007 § 2; Ord. 6PSF-A(S), 1-7-2016]
a. If a Police Officer of the Newark Division of Police or any law enforcement
officer with the authority to act within this jurisdiction shall have
probable cause to believe that a mechanical amusement device is prohibited,
such device may be seized, removed from the premises and impounded
by the Division of Police, its authorized personnel or other law enforcement
officer with the authority to act within the jurisdiction. The Chief
of Police or his designee shall give written notice of the seizure
to the distributor of said device as designated on the device or on
the license application on file with the Division for the device in
question. Said notice shall be mailed by certified mail, return receipt
requested, and regular mail to the distributor at the address designated
on the machine or on file with the Division within two days of seizure,
excluding holidays and weekends. Such notice shall be deemed complete
upon mailing. Said device shall not be released until proper ownership
documents are presented and/or licensing fees, if such machine is
eligible for licensing, are paid, together with a removal/storage
charge of $250 per device seized. If possible, those removing the
machine or device shall provide the person in charge of the licensed
premises with a report to be filed with the Division of Police, noting
any obvious damage to the property.
b. Any owner of a mechanical amusement device who wishes to appeal the
seizure of a device pursuant to this section or the refusal to license
said device may appeal said decision to the Division. The appeal must
be filed, in writing, with the Municipal Clerk and a copy sent to
the Division within 15 days of mailing of notice of seizure or the
refusal to issue a license. The fee for said appeal shall be $25 and
must be paid in order to initiate the appeals process. The Division
will render a decision on said appeal within 60 days of the filing
of the appeal. The filing of an appeal shall not delay or affect the
owner's ability to retrieve any seized device upon compliance with
the provisions of this section. This appeal shall not affect the right
of any person to appeal any action taken under this section to New
Jersey Superior Court or other courts of competent jurisdiction.
c. If no person pursues a claim for return of a machine/device seized
under this section within six months from the date of seizure, said
machine/device may be disposed of pursuant to N.J.S.A. 40A:14-157.
[Ord. 6 S+FF, 9-19-2007 § 2]
a. Every mechanical amusement device shall at all times be in clear
view from the entryway of the premises where it is located.
b. No more than three mechanical amusement devices shall be licensed
under this Article for any licensed premises wherein such devices
are to be operated, used or maintained provided however that no more
than three six-pocket pool-type machines shall be licensed for any
licensed premises wherein such machines are to be operated, used or
maintained. The restrictions set forth in this section shall not apply
where the premises wherein the mechanical amusement devices are to
be operated, use or maintained is licensed as an amusement parlor
pursuant to Title V of the Revised General Ordinances. The limitations
provided herein shall not apply to any mechanical amusement device
not subject to the requirements of this Article.
[Ord. 6 S+FF, 9-19-2007 § 2]
a. No person on the licensed premises shall have illegally in his possession
or under his control or offer to another any habit-forming drug, nor
shall the licensee permit or allow such person on the licensed premises.
b. No licensee shall permit or allow the unlawful sale or consumption
of alcoholic beverages upon the licensed premises.
c. No licensee shall permit the operation of any mechanical amusement
device during hours when the taverns in the city are closed.
d. The licensee shall at all times maintain good order upon the licensed
premises and shall not permit or allow any disturbance, congestion
or loitering around the licensed premises.
e. No licensee shall allow gambling as defined by State or Municipal
law to take place on the licensed premises.
f. No mechanical device shall be located in a so-called "back room"
or in any part of the licensed premises that is not open to any person.
g. No licensed premises shall be without adequate sanitary facilities
or contain any fire, safety or health hazard.
[Ord. 6 S+FF, 9-19-2007 § 2; Ord. 6PSF-A(S), 1-7-2016]
a. In addition to any other penalties for any violation of this Article,
the Division may, after notice and hearing and for just cause suspend,
revoke or not renew any license issued hereunder for the following:
2. A disorderly persons offense related to gambling, including but not
limited to violations of N.J.S.A. 2C:37-1 et seq.
3. A violation of the provisions of this Article.
4. Failure to comply with the Federal or State laws or city ordinances
pertaining to the operation of the licensed premises.
5. Any cause which would have been cause for rejection of the application
upon submission.
6. A material or knowing misstatement or omission of information required
on the applications for licensure.
b. Any applicant whose license has been revoked pursuant to subsection
a of the section, may, two years from the date of conviction, apply to the Division for an order removing their ineligibility for obtaining or holding a license under this Article.
c. During the period of which the license is suspended as provided in subsection
a hereof, no license under this Article shall be issued to any person to operate, maintain or use any mechanical amusement device on any premises or location wherein the violation giving rise to the suspension has occurred. The provisions of this subsection shall apply regardless of any transfer of ownership.
d. The Division of Police, Code Enforcement or other Municipal Authority
responsible for enforcing municipal ordinances shall make periodic
inspections of all premises in which mechanical amusement devices
licensed under this Article are operated, maintained or used in order
to ensure that the licensee is in compliance with all the terms and
conditions of his license.
[Ord. 6 S+FF, 9-19-2007 § 2]
Current licenses upon the effective date of this Article will
not have to seek renewal of their license under the provisions herein
until the expiration date of their current license.
[Ord. 6 S+FF, 9-19-2007 § 2]
Any person who violates any of the provisions of this Article
shall, upon conviction thereof, be punished by a fine not to exceed
$1,000 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.