[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:
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.
A.
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.
B.
A maximum of two mechanical amusement devices will be
permitted in any licensed premises.
C.
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,[1] 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.
[1]
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:
A.
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.
B.
The location and description of the premises sought to
be licensed in which the mechanical amusement device(s) will be placed, operated
or maintained.
C.
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.
A.
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.
B.
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:
A.
The licensed premises shall be so arranged as to permit
a clear view of the interior from the exterior at all times.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
