[HISTORY: Adopted by the Township Committee of the Township of South Hackensack 11-5-1981. Amendments noted where applicable.]
GENERAL REFERENCES
Public entertainment — See Ch. 104.
Fees — See Ch. 108.
Games of chance — See Ch. 119.
Licensing — See Ch. 131.
Poolrooms — See Ch. 164.
Zoning — See Ch. 208.
As used in this chapter, the following terms shall have the meanings indicated:
COIN-CONTROLLED AMUSEMENT DEVICE
All automatic amusement games of the type commonly known and designated as "bagatelle," "baseball" or "pinball" games or similar amusement machines or devices operated, maintained, used or actuated by means of a token, coin or similar object for the purpose of amusement or skill and for the playing of which a fee is charged.
OPERATOR
Any person in whose place of business one or more mechanical amusement devices are placed or kept for operation by the public.
A. 
The purpose of this chapter is to regulate the licensing and use of coin-controlled amusement devices to preserve and protect the public good, welfare and morals.
B. 
All fees specified in and required by this chapter are imposed to defray the cost of regulation.
[Amended 12-19-1996 by Ord. No. 96-14]
No person shall operate a coin-controlled amusement device within the Township of South Hackensack without having first obtained a license for each device from the Township Clerk and paid the required fee therefor. As of December 31, 1981, licenses shall only be issued in the Commercial District and Business District.
A. 
The provisions of this chapter requiring an operator's license shall not apply to any church, fraternal or veterans' organization or other religious group or charitable or nonprofit organization which operates any coin-controlled amusement device for the use of its members and their guests and is on premises owned or controlled by it.
B. 
No license shall be issued to any person under 18 years of age.
Applications for licenses shall be made to the Township Clerk, in writing, on forms to be supplied by the Township. In order to enable the Township Clerk to determine the suitability of the premises and its location and the fitness of the applicant to maintain or use the devices applied for, said application shall contain the following information:
A. 
The type of ownership of the business, i.e., whether an individual, partnership, corporation or otherwise.
B. 
The name, style and designation of the business maintaining the devices.
C. 
The address of and all telephone numbers at the location where the device or devices will be utilized.
D. 
The name and residence address of the manager and/or other person principally in charge of the operation of the business premises.
E. 
The following personal information concerning the applicant, if an individual; and concerning each stockholder holding 10% or more of the stock of the corporation; each officer and each director, if the applicant is a corporation; concerning the partners, including limited partners, if the applicant is a partnership; and concerning the manager or other person principally in charge of the business premises:
(1) 
Name, complete residence address and residence telephone numbers.
(2) 
The two previous addresses immediately prior to the present address of the applicant, or officer thereof, submitting the application.
(3) 
Written proof of age.
(4) 
Height, weight, sex and color of hair and eyes.
(5) 
Two front-face portrait photographs taken within 30 days of the date of the application and at least two inches by two inches in size.
(6) 
Whether or not the applicant has been previously licensed by any public or governmental authority to maintain coin-controlled amusement devices for use by the public or has previously applied for such a license, and whether or not such a license has been denied, revoked or suspended and the reason therefor.
(7) 
All criminal convictions, fully disclosing the offense for which convicted and the circumstances thereof.
(8) 
A complete set of fingerprints, taken and to be retained on file by the Police Chief or his or her authorized representative.
(9) 
Such other information as may be required by the Police Chief to discover the truth of the matters hereinbefore required to be set forth in the application.
(10) 
Authorization for the Township, its agents or its employees to seek information and conduct an investigation into the truth of the statements set forth in the application.
(11) 
The names and addresses of three adult residents of the County of Bergen who will serve as character references.
(12) 
Written declaration by the applicant, under penalty of perjury, that the foregoing information contained in the application is true and correct, said declaration being duly made before an individual authorized to administer oaths within the State of New Jersey, which individual shall affix his or her sign or seal thereto.
(13) 
Number of licenses desired.
(14) 
Address where the device(s) is (are) to be located.
(15) 
Description of the device or devices, including the name of the manufacturer and serial number.
Upon receiving the application and fee, the Township Clerk shall conduct an investigation into the applicant's moral character and personal and criminal history. The Clerk may, in his or her discretion, require a personal interview of the applicant and such further information as shall bear on the investigation.
The Township Clerk shall issue a license within 45 days of receipt of the application, unless he or she finds that:
A. 
The correct license fee has not been tendered with the application.
B. 
The maintenance or use of such device or devices would not comply with all applicable laws, including but not limited to building, zoning and health regulations, or as prohibited herein.
C. 
The applicant, if an individual or any of the stockholders holding 10% or more of the stock of the corporation; any of the officers or directors, if the applicant is a corporation or any of the partners, including limited partners; if the applicant is a partnership and the manager or other person principally in charge of the operation of the business has been convicted of any crime involving dishonesty, fraud, deceit or moral turpitude, unless such conviction occurred at least five years prior to the date of the application.
D. 
The applicant has made any false, misleading or fraudulent statement of fact in the application or in any document required by the Township in conjunction therewith.
E. 
The applicant has had a similar license denied, revoked or suspended within five years prior to the date of the application.
F. 
The applicant, if an individual or any of the officers or directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; or the manager or other person principally in charge of the premises on which the devices are located is not over the age of 18 years.
A. 
All licenses issued under this chapter shall be deemed to be granted upon the express condition that, in addition to any other sanction or penalty, the issuing, licensing or approval authority may:
(1) 
After due notice by personal service or registered or certified mail and after due hearing suspend or revoke the license of any person for violating any provision of this chapter or for other good cause.
(2) 
Suspend temporarily, pending a hearing or notice thereof, any such license when such is deemed by the issuing licensing authority to be immediately necessary to prevent emergent danger to the public welfare, good or morals. Any such temporary suspension without notice shall be for a period of not longer than 10 days.
B. 
The provisions of Subsection A shall be deemed supplementary to and not in lieu of any provision in any other section of this chapter for revocation or suspension of licenses.
[Amended 12-19-1996 by Ord. No. 96-14]
An operator shall be charged a fee as provided in Chapter 108, Fees, which fee shall be submitted with the application for the operation of the premises.
Every license shall be numbered and shall disclose on its face the name and post office address of the licensee to whom it is issued and the address wherein the device shall be located.
No operator's license shall be transferable from operator to operator nor from place to place by any operator of coin-controlled amusement devices. It shall be valid only at the place and by the operator designated on the license.
A. 
It shall be unlawful in the Township of South Hackensack to place, maintain, control, conduct or operate more than two of the aforesaid devices in any one business establishment, and there must be at least 5,000 square feet of floor area for each such device.
B. 
Any operator of a coin-controlled amusement device who was duly licensed prior to December 31, 1981, shall be permitted to retain that number of said devices as were being operated on December 31, 1981; notwithstanding the foregoing, said number of devices may not be expanded unless said expansion meets all the requirements as set forth in this chapter.
No mechanical amusement device, as defined herein, shall be located in any premises within 200 feet of a church or school.
It shall be unlawful to maintain in or on any premises for use by the public or to which the public is invited any multiple or arcade-type of automatic amusement game operation, in excess of two such devices. This does not include vending machines which are not gaming or amusement devices or any coin-operated mechanical musical device.
A. 
The devices to be used under the license(s) shall be so arranged as to permit a clear view of the interior of the room or rooms involved from the exterior at all times. Any operator of a coin-controlled amusement device who was duly licensed prior to December 31, 1981, is exempt from this provision. Notwithstanding the foregoing, any change in the location of said machines must meet the requirements of this section.
B. 
No operator shall knowingly permit any person convicted of a crime to be associated with him or her in the management of the business or to be an employee or to loiter on the premises.
C. 
No operator shall offer, or permit to be offered, any prizes or awards, whether cash or otherwise, as an inducement to use said machines.
D. 
No operator shall permit any activity on the licensed premises which is immoral or which creates an undue amount of noise or a breach of the peace occurring therefrom.
[Amended 12-19-1996 by Ord. No. 96-14]
Any operator violating this chapter shall, upon conviction, be subject to a fine not exceeding $1,000, imprisonment for a term not exceeding 90 days, a period of community service not exceeding 90 days, or any combination thereof, and a separate offense shall be deemed committed on each day during or on which a violation or failure to comply occurs or continues.
The Chief of Police shall be responsible for inspecting or causing an inspection of any place or building in which any such device or devices are operated as well as to test such device on reasonable occasions to determine their compliance herewith.