[HISTORY: Adopted by the Mayor and Council
of the Borough of Metuchen 9-4-1984 by Ord. No. 84-23; amended in its entirety 9-11-2023 by Ord. No. 2023-27. Subsequent amendments noted where applicable.]
This chapter is enacted for the purpose of licensing and regulating
the location, placement, operation, maintenance, storage or use of
automatic amusement games, devices or machines and the proprietors
who desire to own, operate, possess, maintain or invite for public
use those games, devices or machines.
No person shall operate, maintain, possess or install in any
store, building, public or quasi-public place where the public is
invited, or wherein the public may enter, any automatic amusement
game, device or machine unless such person or entity shall have first
obtained a license for that purpose from the Mayor and Council of
the Borough.
As used in this chapter, the following terms shall have the
meanings indicated:
Any game, device or machine, whether mechanical, electrical, electronic or digital, designed for operation by the public by the insertion of a coin, cash, debit card, credit card, or purchased token, player card, or mobile application for use as a game, entertainment or amusement, whether or not registering a score. The term shall include, but not be limited to, games, devices or machines such as pinball machines, skeeball machines, cranes/claw machines, basketball arcade, boxing arcade, air-hockey, rod-hockey, foosball, table tennis, billiard tables, pool tables, dartboards, mini bowling, dance arcade, laser maze, racing/gaming stations, motion simulators and other similar games, devices or machines designed to be representative of real games or activities. The term shall not include vending machines designed for the sale of a product which do not incorporate gaming or amusement features, any music vending device or machine, as separately defined herein, individual businesses or enclosed rooms for billiard tables, pool tables or bowling alleys, as separately regulated by Chapter 134, Poolrooms and Bowling Alleys, of the Borough Code, or individual businesses for virtual reality, escape rooms and other similar uses.
Any music vending device or machine which, upon the insertion
of a coin, cash, debit card, credit card or purchased token, player
card, or mobile application, may be operated for the playing of music,
songs or other melodies or similar sounds.
A.
All licenses for the location, placement, operation, maintenance,
storage or use of automatic amusement games, devices or machines as
defined herein shall be issued to and in the name of the proprietor
of the premises where the game, device or machine is to be installed,
for one-year periods commencing January 1 and expiring December 31
at 12:00 midnight.
B.
To offset anticipated administrative and inspection expenses and
other expected costs, a licensing fee shall be imposed upon each proprietor
and for each automatic amusement game, device or machine licensed
in the following amounts:
C.
Any and all civic, fraternal, religious or other nonprofit organizations
which are, or are entitled to be, exempt from taxation under federal
or state law shall be required to apply for and obtain the necessary
and appropriate licenses and shall comply with all other provisions
of this chapter; provided, however, that the fee for these organizations
for jukeboxes and other automatic amusement games, devices or machines
shall be $25 per year for each game, device or machine.
D.
No license shall be transferable or assigned to any other person,
firm, partnership, corporation or association.
E.
Said license shall state the number of automatic amusement games,
devices or machines, and the type of device, common title and identifying
serial number of each individual game, device or machine which such
proprietor shall be allowed to install, possess and/or operate on
such premises, and which number shall not be exceeded at any time
by the proprietor. Individual games, devices or machines shall be
permitted to be transferred to a similar game, device or machine,
provided that the proprietor shall advise the Municipal Clerk within
10 business days of its occurrence, with the type, common title and
identifying serial number of the game, device or machine which is
now installed, possessed or operated.
F.
In the case where the proprietor seeks to increase the number of
automatic amusement games, devices or machines to be installed, possessed
or operated, the proprietor shall file an amendment to the original
application for a proprietor's license filed and surrender the
original proprietor's license to the Municipal Clerk. The proprietor
shall pay any additional fees in accordance with the fee schedule
referred to herein.
A.
All applications for a proprietor's license shall be accompanied
by the required license fee and shall be made to the Municipal Clerk
on forms provided by the Clerk, which shall require the completion
of the following information:
(1)
Name and address of the applicant; if the applicant is a corporation,
the name and address of its principal officer, all persons or entities
holding 10% or more of its shares and its registered agent.
(2)
A certified statement as to whether the applicant or any individual
possessing a legal or beneficial equity interest of 10% or more in
the applicant has ever been convicted of any crime, criminal offense
or disorderly persons act (other than motor vehicle offenses), as
well as the violation of any local ordinance pertaining to gambling
or lotteries and, if so, the date and place of the conviction or plea,
the nature of the offense and the punishment or penalty imposed.
(3)
The address and description of the premises for which the issuance
of a proprietor's license is desired and the location where the
licensed automatic amusement games, devices or machines will be used,
operated or stored.
(4)
A description of the nature of the principal business or occupation,
if any, in which the proprietor is engaged at the premises, including
a calculation of the gross floor area of the premises and the gross
floor area occupied by the principal business or occupation of the
proprietor.
(5)
An inventory containing the common title and identifying serial number
of each individual game, device or machine which such proprietor shall
be allowed to install, possess and/or operate on such premises, and
which shall be specified on the license.
(6)
A scaled drawing of the interior of the premises of the proprietor
showing the number and layout of the proposed automatic amusement
games, devices or machines sought to be licensed, as well as fire
egress routing, plumbing fixture count, and calculated occupant load.
B.
Upon receipt of an application completed in accordance with Subsection A, the Municipal Clerk shall refer the application to both the Chief of Police and the Zoning Official, who may defer to the Construction Code Official, who shall promptly commence whatever investigation of the applicant's business responsibility, moral character and ability to lawfully conduct the license activity they consider necessary for the protection of the public, and review the scaled drawing to determine the occupant load, if construction permits and/or if a certificate of continued occupancy (CCO) is required. Both the Chief of Police and the Zoning Official shall communicate their findings in writing to the Municipal Clerk within 14 business days after a completed application has been filed. If both the Zoning Official and the Chief of Police decide that the applicant's character, prior conduct, business responsibility, compliance with this chapter and interior layout are satisfactory, the Municipal Clerk shall recommend the issuance of the license to the Mayor and Council. If either the Zoning Official or the Chief of Police finds that the application is unsatisfactory in accordance with the aforesaid criteria, the Municipal Clerk shall refuse to issue the license.
C.
In the event of a refusal to issue a license, the applicant may appeal
to the Mayor and Council for a hearing by filing a notice in writing
with the Municipal Clerk within 14 days after receiving notice of
the refusal or denial. The Mayor and Council shall hold a hearing
to review the determination on the grounds stated in the notice of
appeal within 15 days after the filing of the appeal. Following the
hearing, the Mayor and Council shall announce its decision no later
than its next regular meeting and, if it denies the application, its
decision shall include findings of fact and conclusions based thereon
which state the grounds for its decision.
A.
No license shall be issued for any premises containing one or more
automatic amusement games, devices or machines kept, placed or exhibited
for use or operation by the public and located within 500 feet of
any other premises licensed pursuant to this chapter containing one
or more automatic amusement games, devices or machines.
B.
Adequate space shall be provided for each automatic amusement game,
device or machine to allow its use without overcrowding, as follows:
(1)
A minimum space of three feet in front of the game, device or machine,
in addition to a minimum unobstructed aisle width of four feet.
(2)
No game, device or machine shall be located within eight feet of
any doorway, hallway, passageway or other means of egress, including
designated fire exits.
(3)
Games, devices or machines shall be located in the same room as the
primary use of the premises.
Any automatic amusement game, device or machine licensed pursuant
to this chapter shall contain its serial number and type of device,
which shall be firmly attached at a conspicuous place on the device.
Any automatic amusement game, device or machine not licensed
pursuant to this chapter shall not be kept on the premises in any
areas to which the public is invited and has access.
Any license heretofore granted pursuant to this chapter may
be revoked by the Municipal Clerk or by the Mayor and Council for
any of the following reasons:
A.
The violation of any of the provisions of this chapter.
B.
The proprietor has made a materially false statement on the application
for license.
C.
Upon a determination by the Chief of Police that the proprietor has
used or permitted to be used any automatic amusement game, device
or machine licensed under this chapter for the purpose of gambling
or individual wagering.
D.
Upon the conviction of the proprietor or any person owning 10% or
more of the proprietor of a crime, criminal offense or disorderly
persons offense, other than a motor vehicle violation.
E.
For good cause resulting from the operation, placement or location
of the licensed automatic amusement games, devices or machines.
Any willful violation of the provisions of this chapter shall be subject to the penalties provided in Chapter 1, General Provisions, Article 1.
