It shall be the duty and responsibility of the
Millville Police Department to enforce the provisions of this article
as herein provided.
The Millville Police Department shall have those
powers and duties which are necessary to carry out the intent and
purpose of these regulations including, but not limited to, the following
enumerated powers and duties:
A.
To determine which persons within the City are operating
an arcade or amusement parlor.
B.
To review the amusement device license required by
this article.
C.
To inspect the licensed premises during regular hours
of operation to ensure compliance with these regulations.
D.
To investigate potential violations of these regulations
and file a complaint with the Municipal Court or any other court of
competent jurisdiction against any person violating these regulations.
The purpose of this article is to regulate the
standards and manner in which arcades and amusement parlors are operated
within the City of Millville to ensure the protection of the public
health, safety and welfare.
As used in this article, the following terms
shall have the following meanings unless the context clearly indicates
that a different meaning is intended:
A game of skill wherein a player pays a fee for an opportunity
to participate and no money, prize or other thing of value is awarded
if the player attains a particular score or result.
[Added 3-5-2002 by Ord. No. 7-2002]
A game of skill, chance or a combination of both wherein
a player pays a fee for an opportunity to participate, and prizes
or tickets or tokens redeemable for prizes are awarded if the player
attains a particular score or result. Amusement games can be electronic,
mechanical or manual.
A room in a building open to the public containing various
devices for entertainment such as coin- or token-operated amusement
devices, computer games, video games or music devices.
A building or the entire floor of a building open to the
public containing various devices for entertainment such as coin-
or token-operated amusement devices, computer games, video games or
music devices.
A natural person, association, corporation, firm, partnership,
trust or other legal entity.
No person shall operate an arcade or amusement
parlor within the City unless licensed to do so pursuant to this article.
A.
The license required shall be known as an amusement device license and shall be issued by the City Clerk after payment of the required fee, compliance with these regulations, and compliance with the approval standards contained in Article I of this chapter.
B.
The license issued shall be prominently displayed
on the premises at all times, and is not transferable.
C.
The fee for the amusement device license shall be
$50 per year for each machine or arcade game. The annual license shall
run from January 1 to December 31 of each year.
D.
Any commercial establishment with more than four devices
of the type described herein must be licensed and regulated under
this article.
The application for the license required by
this section shall be made in writing and filed with the City Clerk
not later than January 10 of each year. The application shall contain
the following information:
A.
The name and address of the person who owns the premises
to be licensed.
B.
The location of the business.
C.
The name and address of the person who will operate
the business at that location.
D.
Background information of the applicant including
whether the applicant was ever convicted of a crime, the nature of
the offense and the date and place of conviction.
E.
The number of machines to be placed on the premises.
A.
Amusement games. Amusement games as defined herein are gambling devices which are not licensed under this article. They are licensed under Article II of this chapter and the State Amusement Games Licensing Law, N.J.S.A. 5:8-100 et seq.
B.
Criminal offense. No person who has been convicted
of a criminal offense shall be eligible to receive a license under
this article. No person so convicted shall be employed by a licensee.
C.
Hours of operation. It shall be unlawful for any person
to operate an arcade or amusement parlor at any time except between
the hours of 8:00 a.m. and 11:00 p.m. on weekdays and Saturdays and
between the hours of 1:00 p.m. and 11:00 p.m. on Sundays.
D.
No obstruction of view. All such devices shall at
all times be located in plain view of any person inspecting or visiting
the licensed premises. During the hours of operation the licensed
premises shall be open at all times.
E.
Responsibility. The licensee shall be responsible
for the maintenance of good order and decorum on the premises during
the hours of operation. No loud or boisterous conduct shall be permitted
on the premises.
F.
Structural soundness. In the event a license is sought
for premises not located on the ground floor, the licensee shall provide
the Construction Official with a report from a licensed engineer which
indicates the structural soundness of the supporting floors.
G.
When school is in session. No person under the age
of 16 years shall be permitted to remain on the premises on school
days during the hours when school is in session. A notice to that
effect shall be prominently posted on the premises at all times.
A.
Any applicant for a license may be denied a license
by the City Clerk, or any license issued may be suspended or revoked
by the Director of Public Safety for any of the following causes:
(1)
The applicant or licensee has filed an application
containing false information.
(2)
The applicant or licensee has failed to comply with
these regulations.
(3)
The applicant or licensee has been convicted of an
offense under these regulations.
(4)
The applicant or licensee has violated the Consumer
Fraud Act, N.J.S.A. 56:8-1 et seq.
(5)
The applicant or licensee has been convicted of a
criminal offense in the State of New Jersey or any other state.
B.
The applicant or licensee may appeal the decision
of any municipal official by filing a request for a hearing before
the Board of Commissioners with the City Clerk within 10 days of receiving
the notice of denial, suspension or revocation of the license. The
hearing shall be held within 20 days after the request is filed with
the City Clerk.
