[HISTORY: Adopted by the Township Committee (now Township Council)
of the Township of Hillside as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-21-1971 as Ch. VII, Sec. 7-7, of the
1971 Code]
All electrically operated devices for the amusement of children of the
type commonly known and designated as "kiddie rides" or similar machines or
devices shall not be placed, operated, maintained or used within the Township
without first obtaining a license for each machine or device.
All applications shall be accompanied by an insurance policy of a company
licensed under the laws of this state for the period of the permit in the
sum of $100,000 to $300,000 against loss by reason of liability imposed by
law upon the owner thereof for damages on account of bodily injuries suffered
by any rider on such machine or device as a result of an accident occurring
thereon. The policy shall be for the benefit of every person suffering loss,
damage or injury arising as aforesaid. The insurance policy may cover more
than one machine or device but shall specifically identify each machine or
device covered. The license shall not be issued if the application is not
filed according to the terms of this Article.
In order to warrant the issuance of a license, the machine or device
shall carry the approval seal of Underwriters' Laboratories (UL) and
each machine or device shall be inspected once during each year by the Hillside
Combustible Bureau or more often if deemed necessary by the Bureau. Each machine
or device shall comply with the following requirements, which are deemed to
be necessary for the protection of the public:
A.
Branch circuit wiring to receptacle shall be three No.
12 gauge conductors, one of which shall be connected to a cold-water pipe.
B.
The receptacle and plug shall be polarized.
C.
The flexible cord shall be three-conductor, No. 14 gauge
of heavy-duty type, equipped with cord grip fittings, and shall not be of
undue length.
D.
The flexible cord shall be connected to the ride by means
of a cord connector.
E.
Grounding conductor, grounding all metal parts of ride,
shall be No. 14 gauge.
F.
Internal wiring shall be No. 16 gauge.
G.
Wiring for lights shall be installed in metallic raceway.
H.
Bushings shall be provided for coin box feed.
I.
Wiring shall be protected from mechanical injury.
J.
Cord connectors shall be used on all boxes.
K.
On and off switches shall have approved metal base.
L.
Open-type cleat sockets are not permitted.
M.
Fiber plates shall be installed on lights.
N.
Amplifier equipment shall be installed in metal box.
O.
All controls, contractors, transformers and connection
blocks shall be installed in metal boxes.
P.
Motors exceeding six amperes shall be installed on separate
circuits.
Q.
Micro switch shall be installed in metal box.
R.
All exposed dead and unused wires and fittings shall
be removed.
S.
Each unit shall be numbered on the outside in a conspicuous
location.
The fee for the issuance of a license for each machine or device shall
be $50.
Any person, firm or corporation who shall violate any of the provisions
of this Article shall, upon conviction, be punishable by a fine not exceeding
$1,000; imprisonment for a term not exceeding 90 days; and/or a period of
community service not exceeding 90 days.
[12-21-1971 as Ch. VII, Sec. 7-14, of the 1971
Code]
As used in this Article, the following terms shall have the meanings
indicated:
Any music vending machine, contrivance or device which, upon the
insertion of a coin, slug, token, plate, disc or key into any slot, crevice
or other opening or by the payment of any price, operates or may be operated
for the emission of songs, music or similar amusement.
Any machine which, upon the insertion of a coin, slug, token, plate
or disc, may be operated by the public generally for use as a game, entertainment
or amusement, whether or not registering a score. It shall include such devices
as marble machines, pinball machines, skill ball, mechanical grab or transactions
similar thereto under whatever name they may be indicated.
Any person in whose place of business any juke box or mechanical
amusement device is displayed for public patronage or is placed or kept for
operation by the public.
A.
Operators. No operator shall display for public patronage
or keep for operation any juke box or mechanical amusement device without
first having obtained an operator's license.
B.
Exemptions. This Article shall not apply to any church
or bona fide veterans', charitable, educational, religious, civic or
fraternal organization, provided that the organization is organized on a nonprofit
basis and does not have a plenary retail consumption license issued by any
alcoholic beverage control board.
[Amended 12-20-1983 by Ord. No. G-233-83; 12-22-1987
by Ord. No. G-278-87]
In addition to the requirements of Chapter 203, Licenses, § 203-2, the application shall provide the following information:
A.
The place where each machine or device is to be displayed
or operated and the business conducted at that place.
B.
Prior addresses of the applicant during the five years
immediately preceding the date of the application.
C.
The names and addresses of employers of the applicant
during the five years immediately preceding the date of the application or,
if self-employed, describe the same.
D.
Two personal references.
E.
A set of fingerprints of the applicant to be checked
by New Jersey State Police for criminal history. The license may be issued
pending results of print check after a local check is made.
[Amended 12-1-1981 by Ord. No. G-204-81; 12-20-1983
by Ord. No. G-233-83; 12-22-1987 by Ord.
No. G-278-87]
The annual fees for licenses required by this Article shall be as follows:
$200 for the first machine licensed and $100 for each additional machine licensed
thereafter which will be operated at the same location; these fees shall be
paid in certified check, bank check or cash. There shall be an application
fee of $25 for each proposed location of one or more devices. This fee shall
be paid in certified check, bank check or cash and shall be nonrefundable,
regardless of whether or not the license or licenses is/are granted.
[Amended 12-20-1983 by Ord. No. G-233-83; 12-22-1987
by Ord. No. G-278-87]
A.
No device required to be licensed under
this Article shall be so placed in any premises as to interfere with or obstruct
any entrance or exit or to create a fire or safety hazard. No operator shall
permit any device required to be licensed under this Article to be positioned
with less than 24 square feet of floor space for each such device. No operator
shall permit any more than four players or bystanders at any one such device
at any time.
B.
No device required to be licensed under this Article
shall be placed, operated, maintained or used on the premises in any back
or adjoining room behind closed or barred doors. No device shall be located
in a position where it is not visible from the street. No operator shall provide
illumination in the area where such devices are located of less than 10 lumens
per square foot. The rules prescribed in this subsection shall not apply to
devices licensed prior to January 8, 1984.
C.
No operator shall permit any device required to be licensed
under this Article to be used for the purpose of gambling, nor shall any operator
offer or permit to be offered any prizes or awards, whether in cash or otherwise,
as an inducement to using or playing such devices.
D.
No operator shall knowingly permit any person convicted
of a crime involving moral turpitude to be associated with him in the ownership
or management of the business or to be in his employ.
E.
No operator shall permit a minor of school age to operate
any devices required to be licensed under this Article or remain in the area
where such devices are located during the hours of 8:00 a.m. and 3:00 p.m.
on days when schools are in regular session unless accompanied by a parent
or legal guardian. No operator shall permit any minor under the age of 13
to remain in the area where such devices are located after 6:00 p.m. No operator
shall permit any minor under the age of 18 to remain in such area after 11:00
p.m. Each operator shall provide a separate playing area for minors between
the ages of six and 12 and a separate playing area for minors between the
ages of 13 and 18. The rules prescribed in this subsection shall not apply
to devices licensed prior to January 8, 1984.
F.
Each operator shall provide adult supervision in the
area where devices required to be licensed under this Article are located,
to include at least one adult for every 20 such devices located on the premises.
No operator shall permit any activity which is illegal.
G.
Each operator who operates at least 10 devices required
to be licenses under this Article at a single location shall provide one off-street
parking space for each such device located in the premises.
H.
Any establishment which seeks to place on its premises
mechanical amusement devices totaling more than five must receive the approval
of the Zoning Board of Adjustment.
[Amended 1-2-1992 by Ord. No. G-315-92]
If the Police Chief has reason to believe any mechanical amusement device
is being used as a gambling device, such machine may be seized by the police
and impounded; and if, upon trial of the operator for allowing it to be used
as a gambling device, the operator is found guilty, such machine shall be
destroyed by the police. Revocation and seizure shall be in addition to all
other penalties.
Any person, firm or corporation who shall violate any of the provisions
of this Article shall, upon conviction, be punishable by a fine not exceeding
$1,000; imprisonment for a term not exceeding 90 days; and/or a period of
community service not exceeding 90 days.
