[HISTORY: Adopted by the Mayor and Council of the Borough of Closter
9-28-1983 as Ord. No. 1983:464 (Ch. 6 of the 1967 Code). Amendments noted
where applicable.]
GENERAL REFERENCES
Fees and deposits — See Ch. A301.
The purpose of this chapter is to regulate the business of amusement
devices so as to prevent the creation of a nuisance to the public, a fire
hazard from overcrowding or poor egress, the promotion of gambling, loitering
or the creation of an unhealthy atmosphere for the youth of the community
or other foreseeable undesirable effects of such devices.
As used in this chapter, the following terms shall have the meanings
indicated:
Any automatic, mechanical, computer, or electronic game, machine,
contrivance or device of 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 also include any
such device which is operated or set in motion by the insertion of a computer
card, credit card, any similar contrivance or any other electronic means.
This term shall also include any such device which is operated or set in motion
by fees paid for the use thereof or by the renting of time for the use of
said device. This term shall include any device which registers a score or
not and shall further include, without limitation, such devices as computers,
pinball machines, bagatelle machines, pong or other types of electronically
operated game devices, skillball, mechanical games, operations or transactions
similar thereto, by whatever names they may be called. Excluded from this
definition are music machines, commonly known as "jukeboxes," as well as vending
machines.
[Amended 10-9-2002 by Ord. No. 2002:876]
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 of Closter, one (1) or more amusement or
entertainment machines or devices displayed for public patronage or which
is placed or kept for operation by the public.
Any natural person, partnership, firm, association, corporation or
any other business entity which owns or controls premises or a location within
the Borough of Closter 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.
Any natural person, partnership, firm, association or corporation.
A.
No person shall maintain, operate or possess in any store,
building or other place where the public may enter or in any building or other
place wherein any club or organization meetings are held, within the Borough
of Closter, any automatic amusement device without first obtaining a license
therefor.
B.
Any persons who own or lease automatic amusement games
covered by this chapter and who are nonprofit, charitable or religious organizations
are exempted from the fee and payment requirements of obtaining a license
or licenses upon said amusement games, but such organizations shall remain
subject to all other provisions of this chapter.
C.
No license shall be issued to any person under eighteen
(18) years of age.
A.
Maximum number of licenses. A license shall be issued
for the placement, installation, maintenance, operation or possession of amusement
devices in or about any single premises or location. Each device shall be
allotted a minimum floor area of 100 square feet for its sole use so as to
prevent overcrowding. These devices shall be considered an accessory use incidental
and subordinate to the principal use of the premises.
[Amended 10-9-2002 by Ord. No. 2002:876]
B.
License fees. A license fee for each device licensed hereunder shall be payable annually by the licensee for the calendar year or any part thereof. Said fee shall be as set forth in Chapter A301, Fees and Deposits.
[Amended 1-3-1994 by Ord. No. 1993:663]
C.
The application for the license shall contain the following:
(1)
The name, address, social security number and telephone
number of the applicant and, if a firm, corporation, partnership or association,
the principal officers thereof and their addresses, social security numbers
and telephone numbers, including the two (2) previous addresses immediately
prior to the present address of the applicant or officer thereof submitting
the application.
(2)
The name under which the place of business is being operated.
(3)
The number and type of machines sought to be licensed.
(4)
The location where each automatic amusement game is to
be located, to be shown on a detailed scale drawing showing all exits and
windows, scale to be one (1) inch equals four (4) feet.
(5)
The name and address of the person from whom each device
is to be purchased, rented or otherwise obtained.
(6)
A description of each automatic amusement game sought
to be licensed, including, for each device, the name of the manufacturer,
model number and serial number.
(7)
A sworn statement indicating whether the owner of the
machine, if other than the applicant, the applicant or any person connected
with operation of the place of business wherein the game or device is to be
installed has ever been convicted of any crime or found guilty of the violation
of any ordinance pertaining to gambling or gaming.
(8)
Any other information which the Mayor and Council may
deem reasonably necessary and proper for the full protection of the interest
of the public in the application.
A.
Licensing standards. Upon receipt of all reports and
information, in accordance with the standards and requirements set forth,
the Mayor and Council may grant or refuse the license or may grant the license
as to one or more but not all of the amusement or entertainment devices and
refuse the license as to the rest. If the license is granted, the Borough
Clerk shall forthwith issue the license. The Clerk shall ensure that the license
application and attachments thereto are complete, accurate and truthful and
that the 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 of Closter, in a manner consistent with 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 all applicable laws, ordinances, rules and regulations and free from
gambling, immoral or illegal conduct or activity and free from unnecessary
or unwanted noise or commotion and 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 not create
an unwarranted burden on the law enforcement officers or agencies; and that
the applicant has properly executed all agreements and consents 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
of Closter.
[Amended 10-9-2002 by Ord. No. 2002:876]
B.
All licenses shall expire on December 31 of each year.
Upon expiration of the license, the holder shall surrender the license card
forthwith to the Borough Clerk.
A.
Any licensee who shall suffer, permit or approve of the
use of any amusement device for gambling purposes shall be deemed in violation
of this chapter.
[Amended 10-9-2002 by Ord. No. 2002:876]
B.
It shall be unlawful to install, maintain and use any
such amusement device for the purpose of giving, directly or indirectly, any
prize, return or profit for the use of such device.
[Amended 10-9-2002 by Ord. No. 2002:876]
C.
A bicycle rack to accommodate two (2) bicycles per amusement
device shall be provided by the licensed operator. This rack shall be located
on operator's premises, and if space is not available on the public sidewalk
in a manner approved by the Police Chief, the bicycle rack shall be located
so as not to interfere with vehicle parking or impede the safe passage of
pedestrians. The style and design of the bicycle rack is subject to approval
by the Building Official.
D.
A readily visible sign shall be installed indicating
that the use of machines or devices by persons under sixteen (16) years of
age shall not be permitted during normal school hours. The use of machines
or devices during this time by persons under sixteen (16) years of age shall
cause the license to be revoked. The time period shall be 8:30 a.m. to 3:00
p.m., Monday through Friday, except during the months of July and August.
E.
The licensee shall at all times maintain good order and
shall not permit any disturbance, congestion or loitering upon the licensed
premises.
F.
No amusement device shall be operated in a manner which
will enable it to be heard outside of the premises.
[Amended 10-9-2002 by Ord. No. 2002:876]
G.
There shall be an eight-foot-wide aisle maintained beyond
the depth of four and one-half (4 1/2) feet in front of each device.
H.
Each device shall be located a minimum of twelve (12)
feet from any entranceway to the premises in which it is located.
I.
Whenever a premises has ten (10) or more machines, there
must be provided at least one (1) bathroom facility for the exclusive use
by the patrons.
J.
The licensee shall provide on-site parking for at least
one (1) automobile per amusement device.
K.
It shall be unlawful to have fewer than two (2) emergency
exit doors per one thousand (1,000) square feet on amusement device premises.
L.
No amusement device shall be placed to expose the back
thereof to a window.
M.
No food or beverages shall be sold or consumed on the
premises.
N.
No amusement device business may be open to the public
before 9:00 a.m., nor shall it close later than 11:00 p.m. Moreover, minors
shall be accompanied by an adult after 8:00 p.m.
O.
All requirements of the Fire Underwriters Code and the
Uniform Construction Code of the State of New Jersey shall be complied with.
P.
Location of more than five (5) machines shall be a principal
use of the subject premises requiring a certificate of occupancy for that
separate use.
Q.
Any operator of an amusement device who was duly licensed
prior to December 31, 1980, is exempt from this section. However, any change
in the location or number of said devices must meet the requirements of this
section.
[Amended 10-9-2002 by Ord. No. 2002:876]
