[HISTORY: Adopted by the Township Committee of the Township
of Hillsborough 3-24-2020 by Ord. No. 2020-10. Amendments noted
where applicable.]
As used in this chapter, the following terms shall have the
following meanings:
Any game certified as permissible by the Commission, pursuant
to the Amusement Games Licensing Law, which is played for amusement
or entertainment, which is a game in which the person or player actively
participates, in which the outcome is not in the control of the operator
or owner of the game and which is so conducted that when and where
all of the players are present there occurs in continuous sequence,
the sale of a right to participate, the event which determines whether
a player wins or loses and the award of a merchandise prize or tokens
or tickets which may be accumulated or which are immediately redeemable
for a merchandise prize; provided, however, that the following are
not redemption amusement games and are not eligible for license under
this chapter: a) bingo games; and b) draw raffles.
N.J.S.A. 5:8-78 et. seq., and the regulations promulgated
pursuant thereto, N.J.A.C. 13:3-1.1 et. seq. as well and any subsequent
modifications or amendments thereto.
A place where a single player may play any one of a number
of machines or devices, upon payment of a fee, to attempt to obtain
a prize or tickets or tokens redeemable for a prize, or to attempt
to attain a score or result upon the basis of which a prize, ticket
or token is awarded.
A certification of permissibility granted by the Commission
pursuant to the Amusement Games Licensing Law.
The Legalized Games of Chance Control Commission as that
office is created and empowered pursuant to the Amusement Games Licensing
Law.
Any natural person and any legal person, the existence of
which is authorized by statute, including but not limited to any corporation,
limited liability company and limited or general partnership.
Any natural person exerting actual or beneficial control
over any person other than a natural person, even if that control
is shared with others. As to corporations, all of the following are
principals: 1) any person owning or otherwise controlling at least
5% of the authorized and issued voting stock of the corporation; 2)
any director elected by the shareholders; 3) any officer elected by
the directors. The principals of a limited liability company are all
of its members and managers. The principals of a general partnership
are all of its general partners. The principals of a limited partnership
are the general partner and all limited partners. Where a person consists
of a complex of statutory entities such as subsidiaries, the principals
of the ultimate parent and all subsidiary, subordinate or affiliated
entities are principals within the meaning of this section.
A commercially operated permanent business, open to the public
at least 31 consecutive days annually, the location of which is designed
and themed for the primary purpose of providing participatory amusements
incorporating skill-based attractions, rides or water slides licensed
in accordance with N.J.S.A. 5:3-31 et seq., and food and merchandise
concessions in permanent structures. Nothing in this definition shall
prevent a license from being issued in any location which has had
a license issued prior to May 16, 1988.
A place providing recreation and entertainment especially
for visitors.
An amusement utilizing a tangible object such as a ball,
puck or other portable object either alone or in competition with
other on-premises guests, or requiring the exertion of physical, aerobic
activity, such as dancing, climbing, running, or jumping rope, or
any amusement that is predominantly skill-based and can be played
in competition with other on-premises guests.
It shall be unlawful for any person to own or operate within
the Township any amusement game without first having obtained a proper
license therefor from the Township. Said license shall be issued only
pursuant to this chapter and the provisions of the Amusement Games
Licensing Law.
A.
Each applicant for such a license shall file with the Township Clerk
a written application therefor in duplicate and shall pay the fees
provided in this chapter. The application shall be in the form prescribed
by the Commission and shall comply with all application requirements
specifically set forth in the Amusement Games Licensing Law and this
chapter.
B.
The Township Committee may require as a condition of application
that any applicant or for applicants other than natural persons the
principals thereof be fingerprinted under the supervision of the Hillsborough
Police Department. The fingerprint records so obtained shall be marked
"applicant" and shall be submitted to the Federal Bureau of Investigation
and the New Jersey State Police Bureau of Identification and upon
receipt of returns from such Bureaus, the Hillsborough Chief of Police
shall make a report thereof to the Township Committee together with
report of any other arrest or conviction record which may be obtained
from other sources.
C.
Failure or refusal of any applicant, person or principals thereof
to submit to fingerprinting shall be deemed cause for denial of the
application. No license shall be issued to any applicant if any of
the persons required to be fingerprinted in connection with the application
are not of good moral character or have ever been convicted of a crime
unless the disqualification from such conviction has been removed
by the Commission.
D.
Any fees for fingerprinting or any other investigation shall be paid
by the applicant.
A.
There shall be issued to an applicant who shall qualify a separate
license for each place at which the licensee is authorized to hold,
operate and conduct such amusement games. The annual license fee for
each place shall be $250.
B.
A separate license shall be issued for each specific kind of amusement
game authorized to be held, operated and conducted on the licensed
premises by the licensee. The license fee payable to the Township
for each specific kind of game certified by the Commission pursuant
to N.J.A.C. 13:3-7.9 as permissible shall be as follows: 1) games
certified as permissible under Category and Certification No. 1 shall
be $300; 2) games certified as permissible under Category and Certification
No. 2 shall be $500 for up to 50 machines plus $10 for each machine
in excess of 50; 3) games certified as permissible under Category
and Certification No. 3 shall be $250; 4) games certified as permissible
under Category and Certification No. 4 shall be $500; 5) games certified
as permissible under Category and Certification No. 5 shall be $500;
6) games certified as permissible under Category and Certification
No. 6 shall be $200; 7) games certified as permissible under Category
and Certification No. 7 shall be $200; 8) games certified as permissible
under Category and Certification No. 8 shall be $500; and 9) games
certified as permissible under Category and Certification No. 9 shall
be $300.
C.
The Township license fee shall be an annual fee without proration
which shall accompany the license application. In the event that the
license is denied or the application therefor is withdrawn, the Township
shall retain 25% of the application fee as an investigation fee, and
the balance shall be returned to the applicant.
A.
Issuance. Upon the applicant's compliance with all applicable
requirements of this chapter and the Amusement Games Licensing Law,
the Township Committee shall, by resolution, authorize the issuance
of a license. Said resolution shall specifically recite the finding
of the Township Committee that the premises to be licensed are located
in a recognized amusement park or resort. Within three business days
of the license being granted, the Township Clerk shall issue the license
certificate or certificates authorized thereby and shall forward to
the Commission a certified copy of the resolution, application and
license certificates. No amusement game license shall be issued for
any premises which holds an alcoholic beverage license, unless the
premises that holds a plenary retail consumption alcoholic beverage
license is at least 20,000 square feet and includes at least 100 amusement
games.
B.
License term. Licenses shall be issued on a calendar-year basis with
a maximum term from January 1 to December 31. Licenses issued by the
Township shall not become operative unless and until the licensee
shall have been issued a state license certificate by the Commission
in accordance with the Amusement Games Licensing Law. The terms of
all licenses issued by the Township shall expire on December 31 of
each year and the annual license fees set forth in this chapter. Licenses
issued by the Township shall be inoperative during any period of suspension
or revocation of licensee's state license.
C.
License certificate. License certificates shall be in the form prescribed
by the Commission and shall indicate: 1) the name of the licensee;
2) the address of the licensed premises; 3) the name and detailed
description of the kind of game licensed; 4) the amount of fee paid;
5) a statement of the dates and the hours between which such games
may be conducted; and 6) such other information as may be required
on a form prescribed by the Commission. Each license certificate shall
be issued in quadruplicate. The original shall be delivered to the
licensee. One copy shall be maintained by the Township as part of
its licensing records. The remaining two copies shall be forwarded
to the Commission.
D.
Display. No licensee shall hold, operate, conduct or allow any amusement
game on the licensed premises unless a current original license certificate
is conspicuously posted. Each license certificate and all other information
required under the Amusement Games Licensing Law shall be conspicuously
displayed at the place or places where the redemption amusement games
are to be conducted at all times during the conduct thereof. The license
certificate shall be maintained in a manner so that it may be easily
read. The license certificate shall be presented upon request without
delay or interference to any representative of the Township or Commission
or any member of the general public. The person requesting the license
certificate shall be afforded the opportunity to review and record
any and all information on the license certificate. A photocopy or
other reproduction of the license certificate shall not be acceptable
for purposes of compliance with this section. The original license
certificate shall not be photocopied or reproduced.
A.
No application for the issuance of a license shall be refused by
the Township until after a hearing is held on due notice to the applicant,
at which hearing the applicant shall be entitled to present evidence
upon the qualifications of the applicant and the merits of the application.
B.
Any license issued under this section may be amended, upon application
made to the Township, if the subject matter of the proposed amendment
could lawfully and properly have been included in the original license
and upon payment of such additional license fee, if any, as would
have been payable, if the amendment had been so included.
C.
Notice of any such amendment shall be certified to the Commission
by the Township Committee within three business days, along with a
$25 amendment fee payable by licensee to the Commission. No licensee
who has applied for an amended license shall operate a game other
than that which was originally licensed by the Commission until such
amended license certificate has been issued by the Commission and
posted in accordance with the Amusement Games Licensing Law and this
chapter.
A.
Concurrently with the Commission and the Commission's agents
and designees, the Township shall have and exercise control and supervision
over all amusement games held, operated or conducted under such license
with all the powers authorized or granted to it under the Amusement
Games Licensing Law.
B.
Amusement games licensed hereunder shall be available only in plain
view of any person or persons who may enter upon any place where such
amusement games are made available for play or use by the public.
The amusement games shall not be made available selectively to certain
persons designated by the licensee or other person nor shall they
be in any way concealed except when out of service for maintenance
or repair.
C.
Prizes awarded as the result of play or use of amusement games shall
be only merchandise of no greater value than provided for under the
Amusement Games Licensing Law. Alcoholic beverages, tobacco products,
drug or narcotic paraphernalia, weapons, obscene or indecent recordings,
printings, writings, pictures; money or any live animals shall not
be awarded as prizes, and no licensee shall directly or indirectly
or by any subterfuge, purchase any merchandise prize, once it has
been duly awarded, nor shall licensee exchange the prize for money
or money's worth.
D.
Every licensee shall comply with such conditions and limitations
as the Commission may include in any certification.
E.
The terms, conditions and provisions of the Amusement Games Licensing Law are hereby incorporated in this chapter. The licensee shall be required to comply with the terms, conditions and provisions of the Amusement Games Licensing Law and this chapter. Any violations of the Amusement Games Licensing Law shall also be considered a violation of this chapter and punishable in accordance with the general penalty provisions set forth in § 1-15 to § 1-17 of the Township Code.
Any licensee or principal thereof who or which shall make any
false statement in any application for such 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 or the Amusement Games
Licensing Law or of any of the terms of such license, shall be a disorderly
person; and if convicted as such, shall in addition to any other penalties
which may be lawfully imposed, forfeit any license issued to it under
this section.
[Amended 12-8-2020 by Ord. No. 2020-28]
The Township Committee hereby declares and recognizes Iron Peak
Sports and Events located at 137 Mountain View Road, Block 175, Lot
23.01, as a recognized amusement park within the Township of Hillsborough.
