[HISTORY: Adopted by the Mayor and Council of the Borough of Franklin Lakes 2-14-1990 by Ord. No. 893 as Sec. 4-5 of the 1988 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- MECHANICAL AMUSEMENT DEVICE
- Any coin-operated mechanical game or device, such as pinball, bagatelle, baseball, bowling, mechanical grab machines, skee-ball or pokerino machines or other devices of like character, regardless of whether such game or device is operated or played for a profit or prize or for further operation or play, or for the display or exercise of skill or for amusement, and whether or not any element of skill is involved in any way in its operation, use or play. Specifically excluded from the foregoing definition are mechanical devices commonly known as "jukeboxes" and merchandise vending machines.
- Any person, firm, partnership, corporation or association in whose place of business any mechanical amusement device is displayed for public patronage or is placed or kept for operation by the public. Specifically excluded from the foregoing definition are wholesalers who sell or lease mechanical amusement devices to "operators" but who do not otherwise operate or make such devices available to the general public and individuals who own and possess such devices in their own residential dwelling solely for entertainment purposes.
No operator shall display for public patronage or keep for operation any mechanical amusement device without first having obtained a license from the Borough Clerk for any premises where such device(s) is (are) located.
A maximum of two mechanical amusement devices will be permitted in any licensed premises.
Notwithstanding the provisions of Subsection B of this section, any operator who, prior to the date of introduction of this chapter, maintained more than two mechanical amusement devices within a licensed premises shall be permitted to obtain a special license to maintain such excess devices for a period of 12 months following the date of the adoption of this chapter, provided that the operator shall have applied for a license within 10 days of the effective date of this chapter and shall have set forth upon such application a description of each such device. The provisions of § 151-10A shall not be applicable to any such specially licensed device.
Editor's Note: This chapter was originally adopted by Ord. No. 544.
Application for a license shall be made in duplicate to the Borough Clerk upon a form to be supplied by the Borough. The application shall contain the following information:
The full name and address of each person having an interest as an owner or lessee of the premises sought to be licensed in which the mechanical amusement device(s) will be placed, operated or maintained.
The location and description of the premises sought to be licensed in which the mechanical amusement device(s) will be placed, operated or maintained.
A statement that the mechanical amusement device is not to be used as a gambling device and only is to be used in a game of skill for amusement purposes.
One copy of the application shall be referred by the Borough Clerk to the Chief of Police of the Borough. The Chief of Police shall investigate the location sought to be licensed and shall ascertain if the applicant(s) is (are) a person(s) of good moral character and thereupon either approve or disapprove the application. No license shall be issued by the Borough Clerk to any applicant unless approved by the Chief of Police.
No license shall be issued under this chapter to any person who shall have been convicted of any crime or offense involving moral turpitude or who shall have been convicted of the violation of any state law or municipal ordinance involving gambling.
Any person aggrieved by a decision of the Borough Clerk may appeal such decision to the Borough Council by notifying the Borough Clerk of the intent to appeal within 10 days of the applicant's receipt of such adverse decision. The Borough Council shall then schedule a hearing on such appeal within 30 days of receiving the notice of appeal, at which time the applicant may present such evidence as he desires in order to establish his grounds for appeal. The appeal shall be decided by majority vote of the Mayor and Council, and its decision shall be considered final.
The annual license fee, payable in advance of the issuance of a license, for the privilege of operating or maintaining mechanical amusement devices shall be $100.
A mechanical amusement device license shall be issued for a period of one year from July 1 to the last day of June of the following year.
The following regulations shall apply to all licensed premises and licensees:
The licensed premises shall be so arranged as to permit a clear view of the interior from the exterior at all times.
No operator shall permit to be offered any prizes or awards, whether in cash or otherwise, as an inducement to use a mechanical amusement device.
All licenses shall contain a paragraph stating that the device(s) mentioned in the license may be used in a game of skill for amusement purposes only and not for gambling purposes.
The license shall be posted permanently and conspicuously in the premises wherein the mechanical amusement device is to be operated or maintained.
The Police Department shall make periodic inspections of all premises licensed under this chapter to ensure that the licensee is in compliance with all of the terms and provisions of this license.
Upon application to the Borough Clerk setting forth the description of a new mechanical amusement device, the holder of a license may substitute one mechanical amusement device for another such device, in place of the device originally set forth.
A license shall not be transferable from person to person or place to place and shall be usable only by the place and the person designated by the license.
Nothing in this chapter shall in any way be construed to authorize, license or permit any gambling devices whatsoever or any mechanical amusement device that has been or is traditionally determined to be a gambling device.
No license shall be issued for any premises located within 200 feet of any church, public or parochial school or playground.
Every license issued under this chapter is subject to the right, which is hereby expressed and reserved, to revoke same should the licensee directly or indirectly permit the operation of any mechanical amusement device contrary to the provisions of this chapter or any other ordinance of the Borough or the laws of the State of New Jersey. The license may be revoked by the Borough Council after a hearing, upon 10 days' written notice to the licensee, if the licensee is found guilty of the violation charged. The notice shall specify the ordinance or law which the licensee is charged to have violated. At such hearing, the licensee and his attorney may present evidence or witnesses in his defense.
If the Chief of Police of the Borough or his designee, in his discretion, determines that it is in the best interests of the health, safety and welfare of the Borough, he may immediately suspend any license pending the revocation hearing provided for in the immediately preceding section. Immediately upon receipt of such notice of suspension, the licensee shall cease to operate any mechanical amusement device and shall not operate the mechanical amusement device until a final decision is rendered at the revocation hearing authorizing the operator to resume operation.
If the Chief of Police of the Borough shall have reason to believe that any mechanical amusement device is being used as a gambling device, such machine may be seized by the police and impounded. If, upon trial of the licensee for allowing it to be used as a gambling device, the licensee is found guilty, such machine may be destroyed by the police or other county or state enforcement officers.