[Adopted 10-22-2024 by Ord. No. 5834]
The following words and terms when used in this article shall
have the following meanings, unless the context clearly indicates
otherwise:
N.J.S.A. 5:8-78 through 5:8-119, inclusive, including any
amendments thereto duly enacted subsequent to the effective date of
this article.
Any mechanical device(s) which carry or convey passengers
along, around or over a fixed restricted route or course for the purpose
of giving its passengers pleasure, thrills or excitement and as otherwise
defined and regulated under the Carnival-Amusement Rides Safety Act,
N.J.S.A. 5:3-31 et seq.
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 Control
Commission pursuant to N.J.A.C. 13:3-7.1 et seq.
The Legalized Games of Chance Control Commission, the successor
to the Amusement Games Control Commissioner pursuant to Reorganization
Plan No. 004-1992, at 24 N.J.R. 4462, November 30, 1992.
Amusement Games Licensing Law, N.J.S.A. 5:8-78 through 5:8-119,
inclusive.
A commercially operated permanent business open to the public
at least 31 consecutive days annually, whose acreage is designed and
themed for the primary purpose of providing participatory amusements
incorporating 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.
Any amusement game(s), whether of skill or chance, or both,
and whether the game is played and operated with or without numbers
or figures, played for amusement or entertainment, in which the person
or player actively participates and the outcome of which is not in
the control of the operator, and which 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 merchandise prize all occur as
a continuous sequence at the time when and place where the player
or players are all present.
New Jersey Administrative Code Title 13, Chapter 3.
The Township of Union, County of Union, State of New Jersey.
The governing body of the Township of Union, County of Union,
State of New Jersey.
A.
It shall be unlawful for any person to own or operate within the
Township any redemption amusement game without first having obtained
a proper license from the Township Committee and the Commission. The
license shall be issued only pursuant to the provisions of the law
and this chapter.
B.
Each applicant for such a license shall file with the Township Clerk
a written application therefor in the form prescribed by the Commission
duly executed and verified together with the fees specified by law
and this article.
C.
Each license issued by the Township shall be inoperative unless the
licensee named therein shall also, within 90 days from the issuance
thereof and prior to the conduct or operation of amusement games thereunder,
procure a state license authorizing the licensee holding the Township
license to operate and conduct certain games according to the terms
of the Township license.
A.
Issuance. Upon the applicant's compliance with all applicable
requirements of this article, the Township Committee shall by resolution
authorize the issuance of a license. Said resolution shall specifically
recite the finding of the governing body that the premises to be licensed
are located in a recognized amusement park. Promptly following the
date of the resolution, the Township Clerk shall issue the license
certificate or certificates authorized thereby and shall forward to
the Commission a certified copy of the resolution, a copy of the application,
a counterpart original of the license certificate and the license
fees payable to the Commission as hereinafter provided.
B.
License term. Each license issued pursuant to this section shall
be for a term of the calendar year which next follows the date of
such resolution or if the applicant shall so request, for a term which
commences on the date of the resolution and which expires on December
31 next following such date; provided, however, that the license so
issued 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 from the Commission a state license authorizing
the licensee holding the Township of Union license to operate and
conduct certain redemption amusement games according to the terms
of such license, and any license hereunder shall also be inoperative
during any period of suspension or revocation of such state license.
C.
License certificate.
(1)
The license certificate shall be in the form prescribed by the Commission
and shall set out on the face thereof:
(a)
The name of the licensee;
(b)
The address of the licensed premises and such further description
or limitation upon the licensed premises as may be provided in the
application or the said resolution;
(c)
The certification category of the kinds of games licensed and,
in the case of arcade games, the number thereof;
(d)
The amount of fee paid; and
(e)
A statement of the dates between which and the hours between
which such games may be conducted.
(2)
Each license certificate shall be issued in triplicate, the original
to be delivered to the applicant, with one copy to the Commission,
as aforesaid, and the remaining copy to be retained by the Township
Clerk.
D.
Display. Each license certificate and all other information required
under the Amusement Games Licensing Law to be posted upon licensed
premises 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.
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 redemption amusement games. The annual license
fee for each place shall be $250. 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.
B.
A separate Township license shall be issued for each specific kind
of game authorized to be held, operated and conducted on the licensed
premises by the licensee, except that a single license may be issued
for all games classified under Certification No. 2 (arcade games)
pursuant to N.J.A.C. 13:3-7.9(a)2 and operated in an arcade at a single
location.
C.
As a condition of granting an amusement game license, the applicant
therefor shall pay to the Township an annual fee of $250 per game
for games in Certifications 1 (throw games), 3 (non-draw raffle games),
4 (competitive games), 5 (games of chance-stop and go game), 6 (guessing
games), 7 (tests of strength), 8 (miscellaneous games) and 9 (pan
game, crazy ball and crazy block).
D.
An applicant who is the owner of an arcade shall pay to the Township
an annual fee of $250 for the first 50 machines in Certification 2,
plus an additional fee of $10 per machine for each machine in excess
of 50 machines operated or to be operated at the arcade.
E.
No licensee shall hold, operate or conduct on the licensed premises
any unlicensed game required to be licensed pursuant to the Amusement
Games Control Law or the Amusement Games Licensing Law or the Legalized
Games of Chance Control Commission regulations.
A.
No license shall be issued to authorize the operation and conduct
of any amusement game in the Township unless the game is:
B.
No licensee shall hold, operate or conduct or allow, permit or suffer
the holding, operation or conduct of any amusement game on the licensed
premises during hours or on days prohibited by municipal ordinance
or during hours or on days not authorized by the license as indicated
on the license certificate.
C.
Bingo or raffles. No license shall be issued under the law or this
article to authorize the holding, operation or conduct of any bingo
game nor for any draw raffle.
D.
Certification requirements for amusement game. No license shall be
issued to authorize the holding, operation or conduct of any game
not certified as permissible by Commission pursuant to N.J.A.C. 13:3-7,
Certification, and any license issued with respect to any certified
game shall authorize it to be held, operated and conducted only with
the limitations and restrictions of its certification.
No Township license shall be issued to any applicant if any
of the persons required by N.J.A.C. 13:3-1.11 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
resulting from such conviction has been removed by the Commission
pursuant to P.L. 1962, c. 200.
A.
Each individual applicant, the officers, directors and stockholders
(including the officers, directors and stockholders of any corporation
holding 5% or more of the capital stock) of any corporate applicant,
as well as the partners or members as the case may be, of any partnership,
association, or organization applicant, upon filing of an initial
application or any employee of an applicant, may, if so required by
the Commission or Township, be fingerprinted under the supervision
of the Township Chief of Police.
B.
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 Chief of Police shall make a report
thereof to the Township Clerk either with a report of any other arrest
or conviction record which may be obtained from other sources.
C.
Failure or refusal of any of the above-designated persons to submit
to fingerprinting shall be deemed cause for denial of the application.
D.
Any fees for fingerprinting or any other investigations shall be
paid for by the applicant.
A.
No licensee shall employ in any capacity on the licensed premises
any person who would fail to qualify as a licensee by reason of conviction
of a crime or otherwise.
B.
The licensee may require employees to complete an application or
affidavit certifying the employee's eligibility for employment
under the terms of this section.
No licensee shall employ or have connected with him in any business
capacity whatsoever any adult person who refuses to submit himself
or herself for fingerprinting when required to do so by any agent
of the Township or the Commission.
A.
In the event the Township determines the license should not be granted,
the applicant shall be granted a hearing, held on due notice to the
applicant, at which time the applicant shall be entitled to be heard
upon the qualifications of the applicant and the merits of the application.
Said hearing process shall be established by the Township.
B.
Any license may be amended, upon application to the Township, a copy
of which application must be submitted to the Commission, 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.
C.
Notice of any such amendment shall be certified to the Commission
by the Township within three days, along with a $25 amendment fee,
payable by the licensee to the Commission.
D.
No licensee who has applied for an amended license shall operate
a game other than that which has been licensed by the Township and
the Commission until an amended license certificate has been issued.
E.
Whenever any change shall occur in the facts as set forth in any
application for a license, the licensee shall file with the Commission
and the Township a notice in writing of such change within 10 days
after the occurrence, which notice of change shall become part of
the application.
A.
No licensee shall hold, operate, conduct or allow any amusement game
on the licensed premises, unless a current, original license certificate
is conspicuously posted.
B.
The license certificate shall be maintained in a manner so that it
may be easily read.
D.
The person requesting the license certificate shall be afforded the
opportunity to review and record any and all information on the license
certificate.
E.
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.
In case of death, bankruptcy, receivership or incompetency of the
licensee, or if for any other reason the operation of the business
covered by the license shall devolve by operation of law upon a person
other than the licensee, application for extension of the license
for a limited time, not exceeding its term, shall be made promptly
by the executor, administrator, trustee, receiver or other person
upon whom operation of the business covered by the license shall have
devolved by operation of the law.
B.
Application for such extension shall be made in the form of a petition
addressed to and acted upon by the municipal governing body.
C.
If the petition for extension is granted, the license certificate
shall be appropriately endorsed by the municipal governing body without
fee and a report of the extension shall be made to the Commission
by the municipal governing body within 10 days.
A.
Control and supervision of amusement games by municipality; suspension
and revocation of license; hearing; right of entry.
(1)
The Township and the Commission shall have and exercise control and
supervision over all amusement games held, operated or conducted under
any amusement game license, issued to the end that the game(s) are
fairly held, operated and conducted in accordance with the provisions
of the license, the rules and regulations promulgated by the Commission
and the provisions of this article governing the holding, operation
and conduct of the game(s).
(2)
The Township and the Commission shall have power and authority to
suspend any license issued by the Township and to revoke the same,
after hearing, for any violation of the law or this article, and shall
have the right of entry, by its officers and agents at all times into
any premises where any such amusement game(s) is being held, operated
and conducted or where it is intended that any such amusement game(s)
shall be held, operated and conducted, or where any equipment being
used or intended to be used in the conduct thereof is found, for the
purpose of inspecting the same.
B.
Offenses; violators as disorderly persons; forfeiture of licenses.
Any person, association or corporation who or which shall make any
false statement in any application for an amusement game license or
shall fail to keep such books and records as shall fully and truly
record all transactions connected with the holding, operating or conducting
of amusement games under any such license or shall falsify or make
any false entry in any books or records so far as they relate to any
transaction connected with the holding, operating and conducting of
any amusement game under any such license or shall violate any of
the provisions of the law or this article or of any term of such license
shall be a disorderly person and if convicted as such shall, in addition
to suffering any other penalties which may be imposed, forfeit any
license issued to it under the law or this article.
C.
Gambling on licensed premises. No licensee shall allow on the licensed
premises any playing for money or other valuable thing at any game
other than that permitted by the license issued pursuant to the application
and description of the game for that licensed premises, and in no
event shall any prize be conditioned in any way upon any occurrence
at or upon the outcome of any athletic sporting game or contest or
lottery.
D.
Licensee responsible for acts of employees.
(1)
In any disciplinary proceedings to suspend or revoke any amusement
games license, it shall be sufficient, in order to establish the guilt
of the licensee, to show that the violation was committed by an agent,
servant or employee of the licensee.
(2)
The fact that the licensee did not participate in the violation,
or that his agent, representative or employee acted contrary to instructions
given to him by the licensee or that the violation did not occur in
the licensee's presence, shall constitute no defense to the charges
proffered in such disciplinary proceedings.
E.
Tickets or tokens awarded; expiration; arcade with other games.
(1)
There shall be no limit on the time within which tokens or tickets
must be redeemed in any arcade licensed pursuant to N.J.A.C. 13:3-7.9(a)2
under Certification No. 2.
(2)
The transfer of ownership of any arcade licensed by the Township
under Certification No. 2, N.J.A.C. 13:3-7.9(a)2, shall specifically
provide that all tickets and tokens awarded by the transferor shall
be honored by the transferee.
(3)
All winners shall be determined and all prizes or tickets or tokens
that may be accumulated for a prize shall be awarded in any game forthwith
upon the completion of the game and before making or accepting any
charge for participation in any subsequent game or play.
(4)
Where games licensed and certified pursuant to N.J.A.C. 13:3-7.9(a)1,
3, 5, 6, 7, 8 or 9 are operated in conjunction with an arcade licensed
pursuant to N.J.A.C. 13:3-7.9(a)2 under Certification No. 2, the arcade
licensee may also award as prizes, tickets or tokens redeemable toward
merchandise prizes available in the arcade, provided that the value
of any single prize ticket shall not permit redemption for a prize
valued in excess of an average retail value prescribed by N.J.A.C.
13:3-3.5(d). Such tickets may be combined with tickets or tokens awarded
in the arcade for redemption purposes.
F.
Redemption of prize or cash.
(1)
No licensee shall redeem for money or for the playing of any additional
game, any prize, ticket or token or allow, permit or participate in
such redemption.
G.
Deceptive, fraudulent or misleading advertising or practice; conduct
of games.
(1)
No licensee shall allow or engage in any deceptive, misleading or
fraudulent advertising or practice in connection with the holding,
operating or conducting of any licensed game.
(2)
All games, including free, sample or tryout games, must be conducted
in their original certified form. No licensee or operator shall demonstrate
any game from any position other than the position from which the
player will participate.
(3)
All prizes that are available to be won shall be displayed, and requirements
to win such prizes shall be clearly stated. If multiple wins are required
for a prize, such requirements shall be clearly posted.
H.
Maximum fee for participation in game.
(1)
No licensee shall charge or accept, directly or indirectly, more
than prescribed by N.J.A.C. 13:3-3.4(a) from any one player for an
opportunity to participate in any one amusement game.
(2)
All prizes, or tickets or tokens redeemable for a prize, awarded
in a game shall be awarded immediately upon completion of the game
and before making or accepting a charge for participation in any subsequent
game.
(3)
No charge may be made or accepted for participation in a game in
excess of the posted charge for the opportunity to participate in
the game. Nothing in this section shall be construed to prohibit a
licensee from offering a discounted entry fee for multiple opportunities
to participate in a single game not in excess of that prescribed by
N.J.A.C. 13:3-3.4.
(4)
Upon receipt of currency greater than the charge to play a game,
the licensee shall immediately remit the appropriate change to the
player. Debit cards do not constitute currency, but only the charge
shall be deducted from the debit card.
I.
Hindering inspection or investigation. No licensee or employee, agent
or representative shall, directly or indirectly, hinder or delay or
cause the hindrance or delay of any investigation by the Commission
or the municipal governing body or its agents, or fail to facilitate
such inspection or investigation in any way whatsoever.
J.
Incorporating provisions of law, regulations and this section. Each
provision of the Amusement Games Control Act, N.J.S.A. 5:8-78 through
5:8-99, inclusive, Amusement Games Licensing Law, N.J.S.A. 5:8-100
through 5:8-119, inclusive and the regulations promulgated by the
Commission, governing the licensing and operation of amusement games,
N.J.A.C. 13:3-1 through 13:3-7.9, inclusive, including any amendments
thereto duly enacted subsequent to the effective date of this section,
are by reference hereby incorporated as provisions of this section
as if they were herein at length set forth. Any violation of any provision
of law or regulations by a licensee shall be a violation not only
of the law or regulation, but also of this section. Any duty or responsibility
of a licensee set forth in the law or regulations is also of a duty
or responsibility of the licensee under this section.
Any person, firm or corporation violating any of the provisions
of this article shall, upon conviction, be subject to one or more
of the following: imprisonment in the county jail or in any other
place provided by the municipality for the detention of prisoners
for any term not exceeding 90 days or by a fine not exceeding $2,000
or by a period of community service not exceeding 90 days, to become
effective on the effective date of this section.
