[2-27-2024 by Ord. No. 2024-04[1]]
It is hereby determined, declared, and found that the Borough constitutes a seashore resort with parts thereof customarily constituting an amusement or entertainment area, according to the customary understanding of the terms in the community, and the parts of what constitutes an amusement or entertainment area are more particularly described as follows: all that area running north and south on and the properties bordering Long Beach Boulevard in the Borough of Ship Bottom.
[1]
Editor's Note: This ordinance also repealed former Chapter 5.16, Amusement Games, consisting of Prior code §§ 8-2.2, 8-2.3, 8-2.5, 8-2.6, Ord. 88-21, and Ord. 2003-7.
[2-27-2024 by Ord. No. 2024-04]
It shall be unlawful for any person to own or operate any amusement game or games, as the terms are defined by the Amusement Games Licensing Law, N.J.S.A. 5:8-100, et seq., whether the game or games be played and operated with or without numbers, names, or symbols without first having obtained a license from the mayor and council of to do so. The licenses shall be issued pursuant to and subject to the provisions of Amusement Games Licensing Law and the New Jersey Administrative Code, N.J.A.C. 13:3-1.1, et seq. No municipal license shall become operative unless and until the licensee named therein has procured a state license from the State Commissioner of Amusement Games Control and has affixed the state license certificate to the municipal license certificate.
[2-27-2024 by Ord. No. 2024-04]
The number of licensees shall be limited to three annual amusement game licenses, each of which may seek approval for the games authorized by the games set forth in N.J.A.C. 13:3-7.9.
[2-27-2024 by Ord. No. 2024-04]
Each applicant for a license shall file with the municipal clerk a written application in the form prescribed by and in accordance with the Amusement Games Licensing Law and the rules and regulations promulgated by the Amusement Games Control Commissioner of the State of New Jersey. Each individual applicant, the officers (including the officers, directors, and stockholders of any corporation holding 5% or more stock of any corporate applicant), as well as the partners or members of any partnership, association, or organization applicant must submit to fingerprinting upon initial application for license. Failure or refusal of any of the above-designated persons to submit to fingerprinting shall be deemed cause for denial of the application. Any fees for fingerprinting and other investigations shall be paid for directly by the applicant. No license shall be issued to any applicant if any person fingerprinted in connection with the application is not of good moral character or have been convicted by a crime as set forth in the New Jersey Administrative Code or New Jersey Statutes. No license shall be issued to any person who has been convicted of crimes or as a disorderly person or for the violation of any municipal ordinance. If any licensee shall be so convicted during any license year, his license for any and all games or machines operated by him shall become void, and he shall not be entitled to the return of license fees.
[2-27-2024 by Ord. No. 2024-04]
The fees for each classification set forth in N.J.A.C. 13:3-7.9, which shall accompany the application for license, shall be as follows.
A. 
Amusement Games Certification No. 1 - $500. In this category, there shall be only one game per license.
B. 
Amusement Games Certification No. 2 - $500 for the first 50 player positions and an additional $10 for each player position thereafter.
C. 
Amusement Games Certification No. 3 - $500. In this category, there shall be only one game per license.
D. 
Amusement Games Certification No. 4 - $750. In this category, there shall be only one game per license.
E. 
Amusement Games Certification No. 5 - $750. In this category, there shall be only one game per license.
F. 
Amusement Games Certification No. 6 - $500. In this category, there shall be only one game per license.
G. 
Amusement Games Certification No. 7 - $500. In this category, there shall be only one game per license.
H. 
Amusement Games Certification No. 8 - $500. In this category, there shall be only one game per license.
I. 
Amusement Games Certification No. 9 - $750. In this category, there shall be only one game per license.
[2-27-2024 by Ord. No. 2024-04]
Every license shall be valid after being granted from the 1st day of January to the 31st day of December in each calendar year. No matter when issued in the calendar year, full license fees as designated herein shall be paid. There shall not be any apportionment or rebatement of any license fees paid. The regulations and requirements of this chapter shall apply to the application period beginning for the 2025-year licenses, except that the regulations relating to the limitation to three licenses shall immediately apply and the three existing licenses shall continue to be valid in 2024.
[2-27-2024 by Ord. No. 2024-04]
Licenses shall be transferable to any other person, corporation, partnership, or organization in the event of a sale or lease of the premises in which such machines are located or in the event the transferee secures the required land use approvals for the new location, subject to the transferee securing the required approvals for the amusement license pursuant to this chapter. Transferees shall comply with the application process set forth in this chapter to secure approval for the license and may be denied the license in accordance with the applicable requirements.
[2-27-2024 by Ord. No. 2024-04]
An existing license under amusement games is defined as a person who possesses a valid license, including the existing licenses at the time this chapter is adopted, and transferees provided the transferee secures approval for the transferred license in accordance with the applicable requirements. The holder of a license shall have priority over new applicants to renew the license. The priority right, however, will be vacated automatically if the licensee notifies the municipal clerk in writing of the licensee's intention not to renew or if the licensee fails to apply for renewal on or prior to the deadline for renewal set by the municipal clerk and which shall be no later than November 1 for the subsequent year license term. The foregoing provision shall not give any licensee any property right in or to a license or its renewal and the same shall be subject at all times to the licensing power of the Borough as set forth in the statutes and laws of the State of New Jersey.
[2-27-2024 by Ord. No. 2024-04]
If a license becomes available, new applications shall be due on the third Tuesday of November at 9:00 a.m. at the office of the municipal clerk and the applicants shall be ordered in priority of the license by the earliest complete applications received by the municipal clerk pursuant to this chapter. In the event an application does not comply or is otherwise denied pursuant to this chapter, the municipal clerk shall process the next application on the priority list by order received.
[2-27-2024 by Ord. No. 2024-04]
The mayor and council of shall have and exercise control and supervision over all amusement games held, operated, or conducted under each license, with all the powers authorized or granted to it under the Amusement Games Licensing Law and the rules and regulations of the State Amusement Games Control Commissioner. No licensee shall permit them to be played between 11:00 p.m. and 9:00 a.m. weekdays or between 12:00 midnight and 9:00 a.m. on Sundays, weekends, and national holidays.
[2-27-2024 by Ord. No. 2024-04]
No amusement game for which a license is required herein shall be operated in a manner which will enable it to be heard outside the building in which the amusement machine is located. No amusement game for which a license is required herein shall be permitted to be located outside of a building.
[2-27-2024 by Ord. No. 2024-04]
Disciplinary proceedings before the mayor and council, on a complaint made for a violation of the provisions of Amusement Games Licensing Law and the rules and regulations promulgated by the State Amusement Games Control Commissioner, and by this chapter, shall be made on charges preferred against the licensee, signed in the name of the mayor and council. No hearing shall be held until a five-day notice of the charges preferred shall have been given to the licensee personally or by mailing the notice by registered or certified mail, return receipt requested, addressed to him at the licensed premises, and a reasonable opportunity to be heard thereon afforded to him. The licensee may be represented by an attorney of this state at the hearing. The mayor and council may suspend or revoke the license after a hearing on the charges for proper cause or may dismiss the charges.
[2-27-2024 by Ord. No. 2024-04]
Compliance with this chapter is a requirement of the conditional user requirements of the Borough Code. Applicants shall either comply with the conditional use requirements at the time of the application or shall receive conditional use approval pursuant to the Borough Code within six months of the date the license is approved, which approval shall be conditional and contingent upon conditional use approval and the license shall not be used unless and until conditional use approval is received. In the event the conditional use approval is not received within the aforesaid time period, the approval shall be rendered void and the license shall be deemed available.
[2-27-2024 by Ord. No. 2024-04]
In the event that any licensee shall violate any of the provisions of this chapter or the "Amusement Games Licensing Law," or the rules and regulations promulgated by the State Amusement Games Control Commissioner, or the terms of the license, such licensee shall be a disorderly person, and if convicted as such shall, in addition to suffering any other penalties which may be imposed pursuant to Chapter 1.08 of the Code, forfeit any license issued to him under this chapter.