No person shall display, place, maintain or keep for operation any amusement machine, as defined in § 195-73N, on or within any public place where permitted under the provisions of Chapter
195, entitled "Zoning," without having first obtained a license for the premises and without having first paid the required fee for such machines.
An application, sworn to by the applicants, to license a premises for
use and operation of amusement machines, either as a primary or accessory
use, shall be filed annually with the Borough Clerk on forms supplied by the
Clerk. The forms shall require the following information and such additional
information as deemed necessary:
A. Name of applicant and address.
B. Address of the premises where the machines are to be
maintained, operated or used and the operating area by square footage as set
forth in § 195-73N(1) and (2).
C. Number of machines to be installed on the premises.
D. Whether the applicant, or any partner, officer, director
or stockholder owning more than 10% of the outstanding shares thereof, has
been convicted of:
(2) A violation of any ordinance involving gambling.
(3) A violation of this chapter.
E. Consent of owner or lessee of said premises, if other
than the applicant.
In all premises wherein the operation of amusement machines is the primary
use, the licensee shall employ one or more adult supervisors, one of whom
shall be present at all times when the premises are in operation, and whose
sole responsibility shall be the control and supervision of the games and
the patrons of the premises. A current list of said supervisors shall be filed
with the Borough Police Department. In all premises wherein the operation
of amusement games is an accessory use, the licensee or a designated employee
may serve as supervisor in addition to other duties.
It shall be unlawful for any licensee or his agent, servants or employees
knowingly to permit, suffer or allow a person under the legal age for purchasing
alcoholic beverages to play or operate any of the amusement machines licensed
under this chapter, when said machines are upon any premises where the primary
use is the sale of alcoholic beverages. No person under the legal age for
purchasing alcoholic beverages shall use or operate any amusement machine
described in this chapter, when said machine is placed upon premises where
the primary use is the sale of alcoholic beverages.
It shall be unlawful for any licensee or his agents, servants or employees
to knowingly permit, suffer or allow an amusement machine licensed hereunder
to be used for gambling purposes, nor shall they offer, permit, suffer or
allow any prize, free play or return of money on any such machine. No person
shall use any such machine for the purpose of gambling of any kind.
The Borough Clerk shall be responsible for the licensing of premises
and the collection of machine fees. This chapter shall otherwise be enforced
by the Madison Police Department.
[Amended 8-14-2000 by Ord. No. 35-2000; 5-8-2006
by Ord. No. 19-2006]
Any person, firm, corporation or other organization found guilty of
violating any provision of this chapter shall, upon conviction thereof, be
punishable by one or more of the following in the discretion of the Judge:
a fine of not to exceed $2,000; or by imprisonment for a term not exceeding
90 days; or by a period of community service not exceeding 90 days. In the
event that a fine is imposed, pursuant to this section, such fine shall be
no less than $100.
Each section of this chapter is an independent section and the holding
of any section or part thereof to be unconstitutional, void or ineffective
for any cause shall not be deemed to affect the validity or constitutionality
of any other section or parts thereof.