[HISTORY: Adopted by the Township Council of the Township of Maple Shade as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-1-1975 as Ch. 35 of the 1975 Code]
As used in this chapter, the following terms shall have the meanings indicated:
- AMUSEMENT RIDE
- A mechanical or electrical machine or device, whether motor-propelled or not, designed or intended to be ridden upon by one or more persons and operated or supervised by an attendant upon presentation of an agreed upon fee, ticket or other form of payment. Such "amusement rides" shall include but not be limited to merry-go-rounds, Ferris wheels, bumper cars, roller coasters and other such similar devices or machines.
- AUTOMATIC, MECHANICAL OR ELECTRICAL AMUSEMENT MACHINE OR DEVICE
- A machine which, upon the insertion of a coin, operates or
may be operated as a game, contest or amusement of any description,
or which may be used for any such game, contest or amusement, and
which contains no automatic payoff device for the return of money,
coins, checks, slugs, bonuses, tokens or merchandise; also including
electronic and video amusement devices.[Amended 9-20-2000 by Ord. No. 2000-11]
- Any individual, firm or member of a firm, partnership or member of a partnership, corporation or any officer, director or stockholder of any corporation, trustee or receiver.
[Amended 9-20-2000 by Ord. No. 2000-11]
On and after the effective date of this chapter, the keeping, placing, operation, maintenance or use of all automatic, mechanical or electrical amusement devices, and particularly, but not by way of limitation, those commonly known as pinball, bagatelle, baseball or pin amusement machines, photoelectric shooting or target machines, record playing or music machines, video amusement devices or similar machines or devices, operated, maintained or used in any public or quasi-public place or in any building, store or other place wherein the public is invited or wherein the public may enter, including premises used as a clubhouse or clubroom, without having first obtained a license for that purpose from the Township of Maple Shade according to the terms of this chapter, shall be unlawful.
It shall be unlawful to keep, place, operate, maintain or use any amusement ride device or machine, as defined in § 60-1 of this chapter, without first having obtained a license for that purpose from the Township of Maple Shade. Such license shall not be required when said amusement ride is kept or maintained for private use only and when there is no charge of any form for the use thereof.
The license for the keeping, placing, operation, maintenance or use of such automatic amusement devices or machines as aforesaid shall be issued to and in the name of the owner of the machine.
The license for the keeping, placing, operation, maintenance or use of such amusement ride devices or machines as aforesaid shall be issued in the name of the operator of such machine.
[Amended 4-18-1990 by Ord. No. 1990-4]
The fee for the issuance of a license pursuant to this chapter shall be as set forth in Chapter 88, Fees.
No such automatic, mechanical or electrical amusement machine or device or such amusement ride device or machine as hereinbefore described shall be kept, placed, operated, maintained or used until the license, as issued by the governing body, shall be affixed thereto in a conspicuous place so that the same can be easily and quickly identified.
Said license shall on its face disclose the name and address of the licensee and the fee required for the licensing of said machine and shall briefly state that the machine or device to which the same is affixed is licensed for operation by the Township of Maple Shade.
The holder of any such license shall be permitted to transfer the same during the year within which it is issued to any other like machine operated in the same premises in place of the machine from which the license is transferred.
[Amended 9-20-2000 by Ord. No. 2000-11]
This chapter is enacted for the regulation and control of automatic, mechanical or electrical amusement machines or devices and amusement ride machines or devices, as hereinbefore set forth.
Any person who shall use or permit to be used any machine or device hereunder licensed for the purpose of gambling shall be deemed to be guilty of a violation of this chapter and punishable as provided in § 60-10.
[Amended 9-5-1984 by Ord. No. 1984-11; 9-20-2000 by Ord. No. 2000-11; 4-16-2008 by Ord. No. 2008-07]
[Adopted 11-25-2014 by Ord. No. 2014-20]
The following words and terms when used in this article shall have the following meanings, unless the context clearly indicates otherwise:
- AMUSEMENT GAMES LICENSING LAW
- N.J.S.A. 5:8-78 through N.J.S.A. 5:8-121 inclusive, including any amendments thereto duly enacted subsequent to the effective date of this article.
- AMUSEMENT RIDE
- Any mechanical device which carries or conveys passengers along, around or over a fixed restricted route or course for the purpose of giving its passengers pleasure, thrills or excitement and as otherwise defined and regulated under the Carnival Amusement Ride Safety Act, N.J.S.A. 5:3-31, et seq.
- A place where a single player may play any one of a number of machines or devices, upon payment of a fee, to attempt to obtain a prize or tickets or tokens redeemable for a prize, or to attempt to attain a score or result upon the basis of which a prize, ticket or token is awarded.
- A certification of permissibility granted by the Control Commission pursuant to N.J.A.C. 13:3-7.1, et seq.
- The Legalized Games of Chance Control Commission, the successor to the Amusement Games Control Commissioner pursuant to Reorganization Plan No. 004-1992, at 24 N.J.R.4462, November 30, 1992.
- The Township Council of the Township of Maple Shade, County of Burlington, State of New Jersey.
- Amusement Games Licensing Law, N.J.S.A. 5:8-78 through N.J.S.A. 5:8-121, inclusive.
- RECOGNIZED AMUSEMENT PARK
- A commercially operated permanent business open to the public at least 31 consecutive days annually, whose acreage is designed and themed for the primary purpose of providing participatory amusements incorporating rides or water slides licensed in accordance with N.J.S.A. 5:3-31 et seq., and food and merchandise concessions in permanent structures.
- REDEMPTION AMUSEMENT GAME
- Any amusement game(s), whether of skill or chance, or both, and whether the game is played and operated with or without numbers or figures, played for amusement or entertainment, in which the person or player actively participates and the outcome of which is not in the control of the operator, and which is so conducted that the sale of a right to participate, the event which determines whether a player wins or loses and the award of the merchandise prize all occur as a continuous sequence at the time when and place where the player or players are all present.
- New Jersey Administrative Code Title 13, Chapter 3.
- The Township of Maple Shade, County of Camden, State of New Jersey.
It shall be unlawful for any person to own or operate within the Township any redemption amusement game without first having obtained a proper license from the Township and the Commission. The license shall be issued only pursuant to the provisions of the law and this chapter.
Each applicant for such a license shall file with the Township Clerk a written application in the form prescribed by the Commission duly executed and verified together with the fees specified by law and this article.
Each license issued by the Township shall be inoperative unless the licensee named therein shall also, within 90 days from the issuance thereof and prior to the conduct or operation of amusement games thereunder, procure a state license authorizing the licensee holding the Township license to operate and conduct certain games according to the terms of the Township license.
Issuance. Upon the applicant's compliance with all applicable requirements of this article, the Township Council shall by resolution authorize the issuance of a license. Said resolution shall specifically recite the finding of the Township Council that the premises to be licensed are located in a recognized amusement park. Promptly following the date of the resolution, the Township Clerk shall issue the license certificate or certificates authorized thereby and shall forward to the Commission a certified copy of the resolution, a copy of the application, a counterpart original of the license certificate and the license fees payable to the Commission as hereinafter provided.
License term. Each license issued pursuant to this article shall be for a term of the calendar year which next follows the date of such resolution or if the applicant shall so request, for a term which commences on the date of the resolution and which expires on December 31 next following such date; provided, however, that the license so issued shall be inoperative unless and until the licensee named therein shall also, within 90 days from the issuance thereof and prior to the conduct or operation of redemption amusement games thereunder, procure and receive from the Commission a state license authorizing the licensee holding the Maple Shade Township license to operate and conduct certain redemption amusement games according to the terms of such Maple Shade Township license, and any license hereunder shall also be inoperative during any period of suspension or revocation of such state license.
The license certificate shall be in the form prescribed by the Commission and shall set out on the face thereof:
The name of the licensee;
The address of the licensed premises and such further description or limitation upon the licensed premises as may be provided in the application or the said resolution;
The certification category of the kinds of games licensed and in the case of arcade games, the number thereof;
The amount of fee paid; and
A statement of the dates between which and the hours between which such games may be conducted.
Each license certificate shall be issued in triplicate, the original to be delivered to the applicant, with one copy to the Commission, as aforesaid, and the remaining copy to be retained by the Township Clerk.
Display. Each license certificate and all other information required under the Amusement Games Licensing Law to be posted upon licensed premises shall be conspicuously displayed at the place or places where the redemption amusement games are to be conducted, at all times during the conduct thereof.
There shall be issued to an applicant who shall qualify a separate license for each place at which the licensee is authorized to hold, operate and conduct such redemption amusement games. The annual license fee for each place shall be $250. In the event that the license is denied or the application therefor is withdrawn, the Township shall retain 25% of the application fee as an investigation fee, and the balance shall be returned to the applicant.
A separate Township license shall be issued for each specific kind of game authorized to be held, operated and conducted on the licensed premises by the licensee, except that a single license may be issued for all games classified under Certification No. 2 (arcade games) pursuant to N.J.A.C. 13:3-7.9(a) 2 and operated in an arcade at a single location.
As a condition of granting an amusement game license, the applicant therefor shall pay to the Township an annual fee of $250 per game for games in Certifications 1 (throw games), 3 (non-draw raffle games), 4 (competitive games), 5 (games of chance; stop-and-go games), 6 (guessing games), 7 (tests of strength), 8 (miscellaneous games) and 9 (pan game, crazy ball and crazy block).
An applicant who is the owner of an arcade shall pay to the Township an annual fee of $250 for the first 50 machines in Certification 2, plus an additional fee of $10 per machine for each machine in excess of 50 machines operated or to be operated at the arcade.
No licensee shall hold, operate or conduct on the licensed premises any unlicensed game required to be licensed pursuant to the Amusement Games Control Law or the Amusement Games Licensing Law or the Legalized Games of Chance Control Commission Regulations.
No license shall be issued to authorize the operation and conduct of any amusement game in the Township unless the game is:
Played for amusement or entertainment;
One in which the person or player actively participates;
One in which the outcome is not in the control of the operator; and
One which is so conducted that when and where all of the players are present there occurs in continuous sequence:
No licensee shall hold, operate or conduct or allow, permit or suffer the holding, operation or conduct of any amusement game on the licensed premises during hours or on days prohibited by municipal ordinance or during hours or on days not authorized by the license as indicated on the license certificate.
Bingo or raffles. No license shall be issued under the law or this article to authorize the holding, operation or conduct of any bingo game nor for any draw raffle.
Certification requirements for amusement game. No license shall be issued to authorize the holding, operation or conduct of any game not certified as permissible by Commission pursuant to N.J.A.C. 13:3-7, Certification, and any license issued with respect to any certified game shall authorize it to be held, operated and conducted only with the limitations and restrictions of its certification.
No Township license shall be issued to any applicant if any of the persons required by N.J.A.C. 13:3-1.11 to be fingerprinted in connection with the application are not of good moral character or have ever been convicted of a crime unless the disqualification resulting from such conviction has been removed by the Commission pursuant to P.L. 1962, c. 200.
Each individual applicant, the officers, directors and stockholders (including the officers, directors and stockholders of any corporation holding 5% or more of the capital stock) of any corporate applicant, as well as the partners or members as the case may be, of any partnership, association, or organization applicant, upon filing of an initial application or any employee of an applicant, may, if so required by the Commission or Township, be fingerprinted under the supervision of the Township Chief of Police.
The fingerprint records so obtained shall be marked "Applicant" and shall be submitted to the Federal Bureau of Investigation and the New Jersey State Police Bureau of Identification and upon receipt of returns from such Bureaus, the Chief of Police shall make a report thereof to the Council, together with a report of any other arrest or conviction record which may be obtained from other sources.
Failure or refusal of any of the above-designated persons to submit to fingerprinting shall be deemed cause for denial of the application.
Any fees for fingerprinting or any other investigations shall be paid for by the applicant.
No licensee shall employ in any capacity on the licensed premises any person who would fail to qualify as a licensee by reason of conviction of a crime or otherwise.
The licensee may require employees to complete an application or affidavit certifying the employee's eligibility for employment under the terms of this article.
No licensee shall employ or have connected with him in any business capacity whatsoever any adult person who refuses to submit himself or herself for fingerprinting when required to do so by any agent of the Township or the Commission.
In the event that the Township determines the license should not be granted, the applicant shall be granted a hearing, held on due notice to the applicant, at which time the applicant shall be entitled to be heard upon the qualifications of the applicant and the merits of the application. Said hearing process shall be established by the Township.
Any license may be amended, upon application to the Township, a copy of which application must be submitted to the Commission, if the subject matter of the proposed amendment could lawfully and properly have been included in the original license, and upon payment of such additional license fee, if any, as would have been payable.
Notice of any such amendment shall be certified to the Commission by the Township within three days, along with an amendment fee of $25, payable by the licensee to the Commission.
No licensee who has applied for an amended license shall operate a game other than that which has been licensed by the Township and the Commission until an amended license certificate has been issued.
Whenever any change shall occur in the facts as set forth in any application for a license, the licensee shall file with the Commission and the Township a notice in writing of such change within 10 days after the occurrence which notice of change shall become part of the application.
No licensee shall hold, operate, conduct or allow any amusement game on the licensed premises, unless a current, original license certificate is conspicuously posted.
The license certificate shall be maintained in a manner so that it may be easily read.
The person requesting the license certificate shall be afforded the opportunity to review and record any and all information on the license certificate.
A photocopy or other reproduction of the license certificate shall not be acceptable for purposes of compliance with this article. The original license certificate shall not be photocopied or reproduced.
In case of death, bankruptcy, receivership or incompetency of the licensee, or if for any other reason the operation of the business covered by the license shall devolve by operation of law upon a person other than the licensee, application for extension of the license for a limited time, not exceeding its term, shall be made promptly by the executor, administrator, trustee, receiver or other person upon whom operation of the business covered by the license shall have devolved by operation of the law.
Application for such extension shall be made in the form of a petition addressed to and acted upon by the municipal governing body.
If the petition for extension is granted, the license certificate shall be appropriately endorsed by the municipal governing body without fee and a report of the extension shall be made to the commission by the municipal governing body within 10 days.
Control and supervision of amusement games by municipality; suspension and revocation of license; hearing; right of entry.
The Township and the Commission shall have and exercise control and supervision over all amusement games held, operated or conducted under any amusement game license, issued to the end that the game(s) are fairly held, operated and conducted in accordance with the provisions of the license, the rules and regulations promulgated by the commission and the provisions of this article governing the holding, operation and conduct of the game(s).
The Township and the Commission shall have power and authority to suspend any license issued by the Township and to evoke the same, after hearing, for any violation of the law or this article, and shall have the right of entry by its officers and agents at all times into any premises where any such amusement game(s) is being held, operated and conducted or where it is intended that any such amusement game(s) shall be held, operated and conducted, or where any equipment being used or intended to be used in the conduct thereof is found, for the purpose of inspecting the same.
Offenses; violators as disorderly persons; forfeiture of licenses. Any person, association or corporation who or which shall make any false statement in any application for an amusement game license or shall fail to keep such books and records as shall fully and truly record all transactions connected with the holding, operating or conducting of amusement games under any such license or shall falsify or make any false entry in any books or records so far as they relate to any transaction connected with the holding, operating and conducting of any amusement game under any such license or shall violate any of the provisions of the law or this article or of any term of such license 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 it under the law or this article.
Gambling on licensed premises. No licensee shall allow on the licensed premises any playing for money or other valuable thing at any game other than that permitted by the license issued pursuant to the application and description of the game for that licensed premises, and in no event shall any prize be conditioned in any way upon any occurrence at or upon the outcome of any athletic, sporting game or contest or lottery.
Licensee responsible for acts of employees.
In any disciplinary proceedings to suspend or revoke any amusement games license, it shall be sufficient, in order to establish the guilt of the licensee, to show that the violation was committed by an agent, servant or employee of the licensee.
The fact that the licensee did not participate in the violation or that his agent, representative or employee acted contrary to instructions given to him by the licensee or that the violation did not occur in the licensee's presence, shall constitute no defense to the charges preferred in such disciplinary proceedings.
Tickets or tokens awarded; expiration; arcade with other games.
There shall be no limit on the time within which tokens or tickets must be redeemed in any arcade licensed pursuant to N.J.A.C. 13:3-7.9(a)2 under Certification No. 2.
The transfer of ownership of any arcade licensed by the Township under Certification No. 2, N.J.A.C. 13:3-7.9(a)2 shall specifically provide that all tickets and tokens awarded by the transferor shall be honored by the transferee.
All winners shall be determined and all prizes or tickets or tokens that may be accumulated for a prize shall be awarded in any game forthwith upon the completion of the game and before making or accepting any charge for participation in any subsequent game or play.
Where games licensed and certified pursuant to N.J.A.C. 13:3-7.9(a)1, 3, 5, 6, 7, 8 or 9 are operated in conjunction with an arcade licensed pursuant to N.J.A.C. 13:3-7.9(a)2 under Certification No. 2, the arcade licensee may also award as prizes, tickets or tokens redeemable toward merchandise prizes available in the arcade, provided that the value of any single prize ticket shall not permit redemption for a prize valued in excess of an average retail value prescribed by N.J.A.C. 13:3-3.5(d). Such tickets may be combined with tickets or tokens awarded in the arcade for redemption purposes.
Redemption of prize or cash.
No licensee shall redeem for money or for the playing of any additional game any prize, ticket or token or allow, permit or participate in such redemption.
Deceptive, fraudulent or misleading advertising or practice; conduct of games.
No licensee shall allow or engage in any deceptive, misleading or fraudulent advertising or practice in connection with the holding, operating or conducting of any licensed game.
All games, including free, sample or tryout games, must be conducted in their original certified form. No licensee or operator shall demonstrate any game from any position other than the position from which the player will participate.
All prizes that are available to be won shall be displayed, and requirements to win such prizes shall be clearly stated. If multiple wins are required for a prize, such requirements shall be clearly posted.
Maximum fee for participation in game.
No licensee shall charge or accept, directly or indirectly, more than that prescribed by N.J.A.C. 13:3-3.15(a) from any one player for an opportunity to participate in any one amusement game.
All prizes, or tickets or tokens redeemable for a prize, awarded in a game, shall be awarded immediately upon completion of the game and before making or accepting a charge for participation in any subsequent game.
No charge may be made or accepted for participation in a game in excess of the posted charge for the opportunity to participate in the game. Nothing in this article shall be construed to prohibit a licensee from offering a discounted entry fee for multiple opportunities to participate in a single game not in excess of that prescribed by N.J.A.C. 13:3-3.4.
Upon receipt of currency greater than the charge to play a game, the licensee shall immediately remit the appropriate change to the player. Debit cards do not constitute currency, but only the charge shall be deducted from the debit card.
Hindering inspection or investigation. No licensee or employee, agent or representative shall, directly or indirectly, hinder or delay or cause the hindrance or delay of any investigation by the Commission or the municipal governing body or its agents, or fail to facilitate such inspection or investigation in any way whatsoever.
Incorporating provisions of law, regulations and this article. Each provision of the Amusement Games Control Act, N.J.S.A. 5:8-78 through N.J.S.A. 5:8-99, inclusive; Amusement Games Licensing Law, N.J.S.A. 5:8-100 through N.J.S.A. 5:8-119, inclusive; and the regulations promulgated by the Commission governing the licensing and operation of amusement games, N.J.A.C. 13:3-1 through N.J.A.C. 13:3-7.9, inclusive, including any amendments thereto duly enacted subsequent to the effective date of this article, are by reference hereby incorporated as provisions of this article as if they were herein at length set forth. Any violation of any provisions of law or regulations by a licensee shall be a violation not only of the law or regulation, but also of this article. Any duty or responsibility of a licensee set forth in the law or regulations is also of a duty or responsibility of the licensee under this article.