Borough of Norwood, NJ Chapter 81 Amusement or Entertainment Devices

[HISTORY: Adopted by the Mayor and Council of the Borough of Norwood as Sec. 4-3 of the Revised General Ordinances. Amendments noted where applicable.]

§ 81-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

APPLICANT

The proposed operator, whether as owner-operator or by lease or any other kind of arrangement, of one or more amusement or entertainment machines or devices displayed for public patronage or placed or kept for operation by the public within the borough. Under this section, the term "applicant" shall not include the owner of the aforesaid amusement or entertainment machines or devices unless said owner shall also be the operator thereof.

COIN-OPERATED AMUSEMENT OR ENTERTAINMENT

Any automatic, mechanical or electronic game, contrivance or device or skill or entertainment, which is or are operated or set in motion by the deposit therein of any coin or coins, tokens or slugs or the like thereof, purchased for cash. This term shall include any device which registers a score or not and shall further include, without limitation, such devices as pinball machines, bagatelle machines, pong or other types of electronically operated game devices, skill-ball, mechanical games, operation of transactions similar to, by whatever name they may be called. Excluded from this definition are music vending machines, commonly known as "jukeboxes," as well as "vending machines."

LICENSEE

Any natural person, partnership, firm, association, corporation or any other business entity which, being the operator or owner-operator of one or more amusement or entertainment machines or devices displayed for public patronage or placed or kept for operation by the public within the borough, has qualified as an applicant under this chapter and to which a license has been issued hereunder.

OPERATOR

Any natural person, partnership, firm, association, corporation or any other business entity which leases, rents out or places under any kind of arrangement, within the borough, one or more amusement or entertainment machines or devices displayed for public patronage or placed or kept for operation by the public.

OWNER-OPERATOR

Any natural person, partnership, firm, association, corporation or any other business entity which owns or controls premises or a location within the borough in which any amusement or entertainment machine or device, which is owned by said natural person, partnership, firm, association, corporation or any other business entity, is displayed for public patronage or is placed or kept for operation by the public.

§ 81-2 License required.

A. General. No person shall install, place, maintain or operate, in any store, place of business, building, public place or quasi-public place wherein the public is invited or may enter, any coin-operated amusement device or entertainment device within the limits of the borough without first applying for or obtaining a license therefor for each and every coin-operated amusement or entertainment device to be installed, placed, maintained or operated.

B. Exemption. Notwithstanding anything contained in this chapter to the contrary, there is hereby exempted from the aforementioned licensing fee requirements all organizations, associations and corporations not for profit, organized pursuant to the provisions of Title 15 of the New Jersey Revised Statutes or otherwise, whose primary activity is religious, educational, eleemosynary or fraternal; provided, however, that such organizations, associations and corporations shall not maintain, place or install more than three coin-operated amusement devices in or about any single premises or location.

§ 81-3 Applications.

A. Maximum number of licenses. No more than three licenses shall be issued for the placement, installation, maintenance, operation or possession of coin-operated amusement devices in or about any single premises or location.

B. License fees. A license fee of $200, for each device licensed hereunder, shall be payable annually by the licensee.

C. Information required.

(1) Applications for said license shall contain the following information:

(a) The name, date and place of birth, home address and the home telephone number and the business telephone of the applicant and each of its stockholders, officers, directors and each partner, member or principal.

(b) The name and address of the registered agent of the applicant or person upon whom service of process is authorized to be made.

(c) The name, date and place of birth, home address and telephone number of the manager or other agent of the applicant who shall be in charge of or conduct the business of the applicant, within the borough.

(d) With respect to each person whose name is listed on the license application, the fact of whether or not said person was ever convicted of any crime, whether by or without jury, by plea in any jurisdiction of an offense which, under the laws of the state, is denominated as a misdemeanor or high misdemeanor or an offense involving moral turpitude with full disclosure of the nature of the offense, the time and place of commission, legal proceedings in connection therewith and punishment or penalty.

(e) The type and premise location of each machine or device to be operated under the license applied for.

(f) If the applicant is a corporation, a corporation resolution, in proper form, authorizing the execution of the license application on behalf of the said corporation.

(g) A certification, under oath, made by the applicant, that the information contained in the application and all attachments thereto is complete, accurate and truthful to the best of his knowledge and belief.

(2) All applications shall be accompanied by the license fee as set forth herein.

(3) Upon receipt of an application, the Borough Administrator shall promptly forward a copy of the application and accompanying materials to the Chiefs of the Police and Fire Departments and the Building Official for investigation, review and report.

§ 81-4 Processing of applications.

A. Licensing standards.

(1) Upon receipt of all reports and information, in accordance with the standards and requirements set forth, the Borough Administrator may grant or refuse the license or may grant the license as to one or more but not all of the coin-operated amusement or entertainment devices and refuse the license as to the rest. If the license is granted, the Borough Administrator shall forthwith issue the license.

(2) The Borough Administrator shall ensure that the license application and attachments thereto are complete, accurate and truthful and that those persons whose names are required to be disclosed on the license application are all persons capable of owning, controlling and conducting the proposed business of owning and/or operating amusement or entertainment devices within the borough in a manner consistent with the public safety, good morals and general welfare of the community; that all those persons whose names are required to be disclosed on the license application can reasonably be expected to own, control and manage or operate the proposed business in accordance with the applicable laws, ordinances, rules and regulations and free from any gambling, immoral or illegal conductor activity and free from unnecessary or unwanted noise or commotion, no criminal element is in direct or indirect control or management of the business of the applicant; that the granting of the application and the issuance of the license thereunder will promote a fair and competitive market for the operation of amusement or entertainment machines or devices within the borough; that the granting of the application and the issuance of the license thereunder will not create an unwarranted burden on the law enforcement officers or agencies and that the applicant has properly executed all agreements and consent required by this chapter and has agreed to conduct his business in accordance with all the requirements of this chapter and all other applicable laws, ordinances, rules and regulations. No operator's license shall be granted hereunder unless the licensed premises shall meet all requirements of all fire regulations and the Housing, Building, Sanitary, Electric and Plumbing Codes of the borough.[1]

[1] Editor's Note: See Ch. 98, Building Construction, and Ch. 143, Housing Standards.

B. License denial and appeal. In the event the Borough Administrator determines that such application does not meet the standards set forth above, the license shall be denied. Upon the Borough Administrator's denying any application, the unsuccessful applicant shall have the right to appeal such a denial to the Mayor and Council within 10 days of receipt of written denial, by a written notice of appeal served upon the Borough Administrator. The Mayor and Council shall schedule a hearing on such appeal within 30 days after such hearing.

C. Transferability; refunds. No license issued pursuant to this chapter is transferable, and no license fee shall be refunded upon the revocation or surrender of any license.

§ 81-5 Contents of license; display; expiration.

A. License cards issued pursuant to this chapter shall specify the location of the premises of which the licensed coin-operated amusement device is to be used or kept, a brief description of the device, the device's number or other means of identification and the name and address of the owner and lessee or bailee of said device.

B. All license cards issued pursuant to this chapter shall be posted and at all times displayed in a conspicuous place at or near the licensed device.

C. All licenses issued pursuant to this chapter shall expire on December 31 of each year. Upon the expiration of the license, the holder shall surrender the license card forthwith to the Borough Administrator.

§ 81-6 Use of machines for gambling.

A. Any licensee who shall suffer, permit or approve of the use of any coin-operated amusement device for gambling purposes shall be deemed to be guilty of violating this subsection.

B. It shall be unlawful to install, maintain and use any such coin-operated amusement device for the purpose of giving, directly or indirectly, any prize, return or profit for the use of such device.

§ 81-7 Revocation of license.

Every license issued hereunder is subjected to revocation by the governing body should the owner-operator or operator operate any amusement or entertainment machine or device contrary to the provisions of this chapter or the standards set forth herein for the issuance of a license. Any material misstatement or omission in the license application and any information submitted therewith shall constitute sufficient grounds for revocation of said license. The Mayor and Council, through the Borough Administrator, shall serve upon the licensee notification of intention to revoke the license and advise the licensee that he has 10 days from receipt of the notification to request a formal hearing. In the event that no formal hearing is requested, then the Mayor and Council shall be authorized, after said ten-day period, to revoke the license. In the event that the licensee does request a hearing, then he shall be entitled to a hearing before the Mayor and Council and give testimony and produce witnesses as he shall deem appropriate. The Mayor and Council shall listen to all witnesses and testimony that it deems relevant and shall render a decision as to whether or not the license should be revoked.

§ 81-8 Violations and penalties.

Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, General Provisions, Article II.