The Mayor and Council of the Borough of Mendham have found and determined
that it is in the best interests of the borough, in order to further the legislative
purpose of good order and protection of the health, safety and welfare of
the borough and its inhabitants, to provide for the regulation of amusement
devices in the borough.
As used in this chapter, the following terms shall have the meanings
indicated:
AMUSEMENT DEVICE
Any machine, whether operated mechanically, electrically or by other
means, or regardless of whether or not it registers scores or tallies, which,
upon the insertion of a coin, slug, token, plate, disc or key, may be operated
as a game or for entertainment or amusement. Examples of mechanical amusement
devices include pinball machines, electronic target games, video games, Skee-Ball
and mechanical grab machines. The preceding list is intended to be illustrative
only, and the term "amusement device" shall include all games, machines or
devices of a similar nature, regardless of what names are given to them.
PROPRIETOR
Any person, firm, corporation, partnership, association or club who,
as the owner, lessee or operator, has under his or hers or its control any
establishment, place or premises in or at which an amusement device or devices
are placed or kept for use or play.
It shall be unlawful for a proprietor to place or keep, or allow to
be placed or kept, any amusement device for use on the premises of which he
or she is proprietor, except in conformity with the following regulations:
A. No more than one amusement device per each 60 square
feet of otherwise unoccupied floor area shall be placed or kept for use on
the premises.
B. No amusement device or devices shall be used of any such
type or in any such number, manner or concentration so as to be audible beyond
the walls of the premises wherein located.
C. No amusement device shall be operated before 9:00 a.m.
or after 9:00 p.m. on any day, except that any device located on premises
duly licensed for plenary retail consumption of alcoholic beverages may be
operated during the legal hours of business under such license.
[Added 6-7-1982 by Ord. No. 7-82]
D. A paid employee of the proprietor shall be on the premises
and in the vicinity of an amusement device at all times while such device
is in use.
[Added 6-7-1982 by Ord. No. 7-82]
Nothing in this chapter shall be construed to permit location or operation
of amusement devices in contravention of any other applicable laws or codes
(such as, but not limited to, fire codes, gambling laws, zoning regulations,
nuisance laws, etc.). The regulations in this chapter shall be in addition
to, and not instead of, any and all other applicable laws.
[Amended 6-7-1999 by Ord. No. 15-99; 4-2-2007
by Ord. No. 3-07]
Any person violating any of the provisions of this chapter shall be subject, upon conviction, to the penalties provided in §
1-15 of this Code