[HISTORY: Adopted by the Mayor and Council
of the Borough of Clementon as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-7-1960 by Ord. No. 05-60]
[Amended 2-17-2022 by Ord. No. 2022-04]
The following definitions shall apply in the interpretation
of this article:
An amusement offered through an electronic device that allows
a player to participate in a game of skill or chance through interaction
with the device.
A commercially operated permanent business, open to the public
at least 31 consecutive days annually, designed and themed for the
primary purpose of providing participatory amusements incorporating
skill-based attractions, rides or waterslides in accordance with P.L.
1975, c. 105 (N.J.S.A. 5:3-31 et seq.), or electronic amusements,
and food and merchandise concessions in permanent structures. Nothing
in this definition shall prevent a license from being issued in any
location which has had a license issued prior to the effective date
of P.L. 2015, c. 149 (N.J.S.A. 5:8-78.1 et seq.).
An amusement utilizing a tangible object such as a ball,
puck or other portable object, either alone or in competition with
other on-premises guests, or requiring the exertion of physical, aerobic
activity, such as dancing, climbing, running, or jumping rope; or
any amusement that is predominantly skill-based and can be played
either alone or in competition with other on-premises guests.
[Added 2-17-2022 by Ord. No. 2022-04][1]]
It is hereby declared that within the Borough of Clementon there
is a recognized amusement park. This amusement or entertainment area
is defined as that land area known as the "Clementon Lake Park &
Splash World," located at 144 Berlin Road, Clementon, New Jersey 08021.
[Amended 2-17-2022 by Ord. No. 2022-04]
It shall be unlawful for any person, firm or
corporation to own or operate within this municipality any amusement
games, skilled-based attractions, electronic amusements, or games
as said terms are defined by said Amusement Games Licensing Law (P.L.
1959, c. 109),[1] whether said game or games are of skill or chance, or
both, and whether said game or games are played and operated with
or without numbers or figures, without first having obtained a license
from the Mayor and Council of the Borough of Clementon. Said license
shall be issued pursuant to and subject to the provisions of the Amusement
Games Licensing Law (P.L. 1959, c. 109).
[1]
Editor's Note: See N.J.S.A. 5:8-100 et seq.
Each applicant for such license shall file with
the Municipal Clerk a written application in such form as prescribed
by and in accordance with said Amusement Games Licensing Law, as amended
and supplemented, and the rules and regulations promulgated by the
Amusement Games Control Commissioner of the State of New Jersey.
[Amended 4-20-1964 by Ord. No. 64-2]
A.
Fees for the types of licenses to be issued hereunder
shall be as follows, and said fees shall accompany the application
for said licenses:
[Amended 5-16-1966 by Ord. No. 66-7; 4-17-1967 by Ord. No. 67-9; 5-20-2014 by Ord. No. 2014-07]
B.
A license must be obtained for the operation of each
amusement game.
C.
The Borough expressly reserves the right to license
amusement games other than the ones described herein and to establish
fees therefor for use in the area designated in accordance with the
requirements set forth in this article. The games hereinafter licensed
shall be incorporated herein by this reference thereto.
D.
Each applicant shall pay a fee of $1 for fingerprinting
and issuance of identification cards under the rules and regulations
promulgated by the Amusement Games Control Commissioner for each licensee
and employee of said licensee.
[Amended 2-17-2022 by Ord. No. 2022-04]
The Mayor and Council of the Borough of Clementon
shall have and exercise control and supervision over all amusement
games, skill-based attractions and electronic amusements held, operated
or conducted under such license, with all the powers authorized or
granted to it under the Amusement Games Licensing Law,[1] and all amendments and supplements thereto, and the rules
and regulations of the State Amusement Games Control Commissioner.
[1]
Editor's Note: See N.J.S.A. 5:8-100 et seq.
In the event that any licensee shall violate
any of the provisions of this article or the Amusement Games Licensing
Law or the rules and regulations promulgated by the State Amusement
Games Control Commissioner or the terms of such license, such licensee
shall be a disorderly person and, if convicted as such, shall, in
addition to suffering any other penalties which may be imposed, forfeit
any license issued to said licensee under this article.
Any person, firm or corporation violating any
of the provisions of this article shall be subject by the Municipal
Court to a penalty not to exceed $200 or imprisonment not to exceed
90 days, or both, and the same shall be in addition to the powers
of suspension or revocation of any such license as provided for herein
by the governing body.
[Adopted 1-25-1982 by Ord. No. 82-1]
The following definitions shall apply in the
interpretation of this article:
Any amusement machine or device operated by means of the
insertion of a coin, token or similar object, for the purpose of amusement
or skill and for the playing of which a fee is charged. The term does
not include vending machines in which are not incorporated gaming
or amusement features, nor does the term include any coin-operated
mechanical musical devices.
Any natural person, firm, partnership, association, corporation,
company, utility or organization of any kind.
Any person, firm, corporation, partnership, association,
entity or club who, as the owner, lessee or proprietor, has under
his or its control any establishment, place or premises in or at which
such device is placed or kept for use or play or on exhibition for
the purpose of use or play.
No person, firm or corporation shall engage
in the business of a proprietor of coin-operated amusement devices,
as the terms are herein defined, without first having obtained the
proper license therefor.
[Amended 1-24-1983 by Ord. No. 82-10]
A.
The license fee for each proprietor as herein defined
shall be based upon the amount of devices used or played or exhibited
for use or play. A fee of $100 per year or any part thereof shall
be due and payable for each device.
[Amended 5-20-2014 by Ord. No. 2014-07]
B.
All proprietors' license fees shall be payable annually
in advance. In no case shall any portion of said license fee be repaid
to the licensee.
A.
Application for a license hereunder shall be filed
in writing with the Municipal Clerk on a form to be provided by said
municipality and shall specify:
(1)
The name and address of the applicant, and if a firm,
corporation, partnership or association, the principal officers thereof
and their addresses.
(2)
The address of the premises where the licensed device
or devices are to be operated, together with the character of the
business as carried on at such place.
(3)
The trade name and general description of the device
or devices to be licensed, the name of the manufacturer and the serial
number and, if the applicant is a proprietor, the number of devices
to be licensed.
(4)
The name and address of the operator of the device
or devices, if other than the proprietor.
(5)
If the applicant is the owner or operator of a tavern,
said applicant shall submit a copy of the application filed with the
Division of Alcoholic Beverage Control for the appropriate beverage
license. Said copy of application shall be used in lieu of the application
for license, as set forth hereinbefore in this section.
B.
General requirements.
[Amended 1-24-1983 by Ord. No. 82-10]
(1)
The proper license fee shall accompany such application.
Application for license hereunder shall be first referred by the Municipal
Clerk to the Chief of Police or his designee. He shall make or cause
to be made an investigation of the applicant's business and moral
character. The investigation by the Chief of Police or his designee
shall include photographing and fingerprinting of the applicant. After
the completion of such investigation, the Chief of Police shall recommend
the approval or denial of the application to the governing body. The
reasons for his recommendation shall be in writing and conveyed to
the governing body. If the application is approved by the governing
body, the license shall be issued by the Clerk, and the Clerk shall
remit the fee to the Municipal Treasurer. If the license is denied,
the fee shall be returned to the applicant; however, there shall be
a cost for the photographing and fingerprinting, and said cost shall
be deducted from the fee.
(2)
All licenses under this article shall expire on January
31 in the year following their issuance. The license shall be posted
in a conspicuous place in the establishment of the licensee. Such
license shall be nonassignable and nontransferable and, in the case
of a proprietor, shall apply only to the premises for which such license
is issued.
In case a proprietor licensed under the provisions
of this article desires, after the expiration of any portion of any
license year, to increase the number of devices to be used or played
or exhibited for use or play in his establishment, he shall surrender
his license to the Municipal Clerk, who shall issue a new license
showing the number of devices licensed thereunder, upon payment of
the proper license fee therefor.
Any proprietor who owns such device or devices
at the time this article becomes effective shall file with the Municipal
Clerk evidence of such ownership prior to the issuance of a license;
and any proprietor purchasing a device or devices after the effective
date of this article shall file with the Municipal Clerk evidence
of ownership thereof before exhibiting or placing said device or devices
for use or play.
The governing body shall have the right to revoke
any license issued hereunder for the violation of any of the provisions
of this article.
[Added 1-24-1983 by Ord. No. 82-10]
A.
No devices shall be located within 10 feet from the
entranceway to the licensed premises. All devices shall be placed
within the premises in a manner to prevent the obstruction or interference
with the free and unfettered passage of persons.
B.
Around the perimeter of each device, there shall be
a zone or distance of five feet so that there is no obstruction or
interference with the free and unfettered passage of patrons or users
of the premises.
C.
The devices may only be used or operated during the
hours of operation of the premises in which said devices are located,
and only when the proprietor or an agent or employee thereof is present
within the premises.
Any person of the age of 18 years or older who
shall violate any of the provisions of this article shall, upon conviction
thereof, be punished by a fine not to exceed $500 or by imprisonment
in the county jail for a term not exceeding 90 days, or both. Each
day such violation is committed or permitted to continue shall constitute
a separate offense and shall be punishable as provided hereunder.
