[Ord. 6PSF-B, 12-4-2019]
As used in this chapter:
Shall mean N.J.S.A. 5:8-78 through N.J.S.A. 5:8-130 and N.J.A.C.
13:3-1 through N.J.A.C. 13:3-7.9, including any amendments thereto
duly enacted subsequent to the effective date of this section.
Shall mean a Certification of permissibility granted by the
Commission pursuant to N.J.A.C. 13:3-7.1 et seq.
Shall mean the Legalized Games of Chance Control Commission
as that office is created and empowered under the Amusement Games
Licensing Law.
Shall mean the Director of the Department of Finance and/or
his/her designee.
Shall mean any amusement offered through an electronic device
that allows a player to participate in a game of skill or chance through
interaction with the device.
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.
Means a commercially operated permanent business, open to
the public at least 31 consecutive days annually, designed and themed
for the primary purpose of providing participatory amusements incorporating
skill-based attractions, rides or water slides licensed in accordance
with P.L. 1975, c.105 (C.5:3-31 et seq.), or Electronic Amusements,
and food and merchandise concessions in permanent structures.
Shall mean a game played for amusement or entertainment and
certified as permissible by the Commission pursuant to the Amusement
Games Licensing Law and that is a game in which a player actively
participates, the outcome of which is not in the control of the game
operator, and is so conducted that the sale of a right to participate,
the event which determines whether a player wins or loses, and the
award of the prize all occur as a continuous sequence at the time
when and place where the player or players are all present.
Shall mean a license issued by the Director or the Commission
as described in this Chapter.
[Ord. 6PSF-B, 12-4-2019]
No Person shall keep, conduct, carry on or operate any Redemption
Amusement Game without first obtaining the required Redemption Amusement
License or Licenses from the Director and the Commission as hereinafter
provided.
[Ord. 6PSF-B, 12-4-2019]
a.
No Redemption Amusement License shall be issued for the operation
or conduct of any game for which a Certification has not been obtained.
b.
The holder of a plenary retail consumption license, as defined in
N.J.S.A. 33:1-12 (relating to alcoholic beverages), whose premises
is at least 20,000 square feet, shall be eligible to be issued a Redemption
Amusement License for such licensed premises, provided that the licensed
premises includes at least 100 Redemption Amusement Games and all
other requirements for licensure to conduct Redemption Amusement Games
are met pursuant to the Amusement Games Licensing Law.
c.
The holder of a special concessionaire permit, as provided for in
N.J.S.A. 33:1-42, whose licensed premises is located in the post-security
checkpoint area of the departure level of an international airport
terminal and is at least 20,000 square feet in the aggregate, shall
be eligible to be issued a Redemption Amusement License for such licensed
premises, provided that all other requirements for licensure to conduct
Redemption Amusement Games are met. With respect to the holder of
a special concessionaire permit described in this Section, the term
licensed premises refers to the entirety of the area or areas covered
by the special concessionaire permit and not to the individual service
locations authorized thereby.
[Ord. 6PSF-B, 12-4-2019]
a.
An application for a Redemption Amusement License shall be filed in duplicate with the Division of Tax Abatements and Special Taxes on forms furnished and approved by the Commission, along with the fees provided for in Section 5:13-6 below.
b.
The Director may require, as a condition of licensure, that any applicant
for a Redemption Amusement License (or for applicants other than natural
persons, the principals thereof) be fingerprinted under the supervision
of the Division of Police and that the record thereof be submitted
with and as a part of such application. Any additional direct fees
for fingerprinting shall be paid by the applicant.
[Ord. 6PSF-B, 12-4-2019]
a.
Upon the applicant's compliance with all applicable requirements
of this Chapter, pursuant to N.J.S.A. 5:8-103, the Municipal Council
may by resolution authorize the issuance of a Redemption Amusement
License for each specific kind of game for which a Certification is
obtained, and a separate Redemption Amusement License for the premises
where such applicant is authorized to operate such games, except that
a single Redemption Amusement License may be issued for all games
classified by the Commission as arcade games and operated at a single
licensed premises. Said resolution shall specifically recite the finding
of the Municipal Council that the premises to be licensed are located
in a Recognized Amusement Park or at a seashore or other resort in
that part thereof customarily constituting an amusement or entertainment
area.
b.
Within 10 business days of the date of the adoption of the resolution,
the Director of Finance or his/her designee shall forward to the Commission
a certified copy of the resolution, together with a copy of the application
endorsed to show the granting of the Redemption Amusement License
by the City of Newark.
c.
Each Redemption Amusement License shall be for a term commencing
on the date of the resolution and expiring on December 31 next following
such date; provided, however, that the Redemption Amusement License
issued by the City of Newark shall be inoperative unless and until
the licensee named therein shall also, within 90 days from the issuance
thereof, and prior to the conduct or operation of Redemption Amusement
Games thereunder, procure and receive a Redemption Amusement License
from the Commission authorizing the operation of Redemption Amusement
Games. Any Redemption Amusement License issued by the City of Newark
shall also be inoperative during any period of suspension or revocation
of any Redemption Amusement License issued by the Commission.
d.
All licenses under this Chapter shall be issued by the Director of
Finance. The Division of Tax Abatements/Special Taxes shall establish
administrative procedures pertaining to the annual renewal or reissuance
of Redemption Amusement Licenses and the scheduling thereof.
e.
Each licensed machine shall have affixed prominently on each such
machine a sticker bearing the City of Newark's logo and the issue
date and expiration date of the license, with such other language
as may be determined by the Director of Finance or his/her designee
to denote that the machine is duly licensed in accordance with the
rules and regulations of the City of Newark. This provision shall
not apply to machines that are tablet computers or multi-use computing
devices that offer multiple other features or functions in addition
to game play and for which Certification is not otherwise required
by the Commission.
[Ord. 6PSF-B, 12-4-2019]
a.
The license fees payable to the City of Newark with respect to Redemption
Amusement Games shall be as follows:
1.
The annual license fee for each licensed premises shall be $250.
2.
The annual license fee for all Redemption Amusement Games authorized
to be held, operated and conducted on a licensed premises under Certification
category No. 2 (Arcade Games) shall be $10 per operable game for each
such game in excess of 50 games, provided that if any game has more
than one player position, each player position shall be considered
a separate game for purposes of calculating the license fee.
3.
The annual license fee for each specific kind of Redemption Amusement
Game authorized to be held, operated and conducted on a licensed premises
under any other Certification categories authorized by the Commission
shall be $250.
b.
The required Municipal fees, which shall be annual fees without proration,
shall accompany each application for a Redemption Amusement License.
In the event that the application for a Redemption Amusement License
is denied or the application therefor is withdrawn, the City of Newark
shall retain 25% of the application fees as an investigation fee,
and the balance shall be returned to the applicant.
c.
In addition to the Municipal fees provided for in Section 5:13-6a above, each applicant for a Redemption Amusement License shall be accompanied by the applicant's certified check or money order made payable to the Legalized Games of Chance Control Commission in an amount equal to the license fees otherwise payable to the Commission. If the Municipal Council authorizes the issuance of a Redemption Amusement License to the applicant, then together with the other items to be forwarded under subsection 5:13-5b hereof, the Director of Finance or his/her designee, shall forward the certified check or money order to the Commission. However, if the Municipal Council shall refuse or decline to authorize the issuance of a Redemption Amusement License to the applicant or if the application shall be withdrawn, then at the time when the Director of Finance or his/her designee, returns the required portion of the Municipal fee as provided in Section 5:13-6b above, the Director of Finance or his/her designee, shall also return to the applicant the certified check or money order.
[Ord. 6PSF-B, 12-4-2019]
a.
Every holder of a Redemption Amusement License shall comply with
this ordinance, and such conditions and limitations as the Commission
may include in any Certification with respect to the operation of
any Redemption Amusement Game.
b.
Every holder of a Redemption Amusement License shall operate all
Redemption Amusement Games in accordance with the Amusement Games
Licensing Law and all rules and regulations promulgated by the Commission
thereunder as same may be amended or otherwise in effect from time
to time, including, without limitations, all rules relating to the
method of operations, maximum fees for participation, types and value
of prizes, and advertising.
c.
Every holder of a Redemption Amusement License shall be subject to
rules relating to disciplinary proceedings and appeals contained Amusement
Games Licensing Law and the regulations of the Commission.
[Ord. 6PSF-B, 12-4-2019]
a.
Except as otherwise provided in paragraphs b and c of this Section,
holders of Redemption Amusement Licenses may lawfully operate Redemption
Amusement Games between the hours of 7:00 a.m. and midnight.
[Ord. 6PSF-B, 12-4-2019]
Any licensee or principal thereof who or which shall make any
false statement in any application for a Redemption Amusement License,
or shall fail to keep such books and records as required to be kept
under the Amusement Games Licensing Law, or shall falsify such books
or records, or shall violate any of the provisions of this Chapter,
the Amusement Games Licensing Law, the rules and regulations promulgated
from time to time by the Commission, or of any of the terms of such
Redemption Amusement License, shall be a disorderly person; and if
convicted as such, shall be subject to any penalty which may be lawfully
imposed, including the forfeiture of any Redemption Amusement License
issued to it by the City of Newark.
Violations of this Chapter by any person or corporation shall
be punishable by a fine of at least $250 but not exceeding $1,000
or by imprisonment for a term not exceeding 90 days or by a period
of community service not to exceed 90 days. Each day's violation
of this Ordinance shall constitute a separate offense.
[Ord. 6PSF-B, 12-4-2019]
The following location is designated as a Recognized Amusement
Park:
1.
Newark Liberty International Airport, Terminal C, New Jersey.
