[HISTORY: Adopted by the Mayor and Council of the Borough of Madison 5-9-1983
by Ord. No. 4-83. Amendments noted where applicable.]
GENERAL REFERENCES
General regulations pertaining to operation of amusement devices — See Ch. 58.
As used in this chapter, the following terms shall have the meanings
indicated:
Includes the Deputy Clerk or Business Administrator.
Any corporation, association, trust or community chest, fund or foundation
which is exempt from sales and use taxes pursuant to N.J.S.A. 54:32B-9(b)(1).
No nonprofit organization shall display, place, maintain or keep for
operation any amusement machine, as defined in § 195-73N, in any
public place in connection with fund-raising activities without first having
obtained a permit for the operation of the machines.
An application, sworn to by the applicant, for a permit to operate amusement
machines as a part of a fund-raising event or activity shall be filed at least
30 days prior to the event or activity with the Borough Clerk. The applicant
shall set forth the following information and such additional information
as is reasonably related to the issuance of a permit and is requested by the
Clerk:
A.
Name and address of applicant.
B.
Address of the premises where the machines are to be
operated, the gross floor area of the premises and the area to be devoted
to the operation of such machines by square footage as set forth in § 195-73N(2)(a).
C.
Number of machines to be operated in the space described
in B.
D.
Proof that the applicant qualifies as an exempt organization
pursuant to N.J.S.A. 54:32B-9(b)(1).
E.
Name, address and phone number of person in charge of
the event or activity.
F.
Whether the applicant has previously applied for a permit
and the dates of such application.
G.
Consent of the owner or lessee of the premises to be
used if other than applicant.
H.
The name and date of the event and the number of days
for which a permit is sought.
I.
The items of expense intended to be incurred or paid
in connection with the games to be used at the event or activity, the name(s)
and addresses of the person(s) to whom each item is to be paid and the purpose
of each payment.
A permit shall be issued only if the proposed operation of the machines
will be in accordance with the following limitations:
A.
There shall be 60 square feet of operating area for each
machine in accordance with the requirements of § 195-73N(2)(a).
B.
No applicant shall have more than six machines at any
single event or activity and the total number of such machines at any single
event or activity shall not exceed 24.
C.
The non-profit organization shall receive all profits
derived from the operation of said machines.
A.
The Borough Clerk shall issue a permit to any applicant who provides the information required in § 58A-3 of this chapter and whose proposed use meets the standards set forth in § 58A-4 of this chapter. Said permit or notification of denial of a permit shall be issued within two weeks of the filing of an application.
B.
Any applicant who is denied a permit may, in writing,
request a hearing on that denial before the Council; the Council shall afford
the applicant a hearing within a reasonable time and render its decision to
affirm the denial of the permit or direct issuance of a permit.
C.
The permit shall be displayed in a conspicuous place
in the area devoted to the operation of the machines.
Any permit may be revoked for good cause, including but not limited to a misrepresentation of the information supplied in the application for the permit, failure to comply with the limitations listed in § 58A-6 of this chapter, or other violation of this chapter or violation of any ordinance, statute or government regulation involving gambling.
The Borough Clerk shall be responsible for issuing permits. This chapter
shall be otherwise enforced by the Borough Police Department.
Any nonprofit organization violating any of the provisions of this chapter shall be subject to the penalties set forth in § 58-12.
Each section of this chapter is an independent section. A determination
that any section or part hereof is unconstitutional, void or ineffective for
any cause shall not be deemed to affect the validity or constitutionality
of any other section or parts thereof.
