[HISTORY: Adopted by the Municipal Council
of the City of Clifton as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Bazaars, carnivals and circuses — See Ch. 159.
Billiard rooms, bowling alleys and dance halls — See Ch. 163.
Entertainment — See Ch. 215.
Gambling devices — See Ch. 255.
Games of chance — See Ch. 257.
Licensed businesses — See Ch. 303.
Skating rinks — See Ch. 379.
Swimming and swimming pools — See Ch. 403.
Theaters — See Ch. 421.
[Adopted 12-20-1960 by Ord. No. 3319 as Article
4 of Chapter 6 of the Revised Ordinances of the City of Clifton, New
Jersey, 1960]
As used in this article, the following terms
shall have the meanings indicated:
Includes any and all forms of amusement where the amusement
device may be moved from place to place with the purpose of soliciting
patrons or attracting audiences, irrespective of whether the same
is accompanied by music, mechanical or otherwise, or by entertainment
of any kind, or provides rides or other amusement for patrons.
It shall be unlawful for any person to operate
or conduct a carousel, whip or other mobile amusement device as herein
defined, unless he first obtains a license from the City Clerk as
hereinafter provided.
[Amended 11-14-1966 by Ord. No. 3725]
A.
Any person desiring a license under this article shall
file with the City Clerk an original and one copy of an application,
under oath, in writing, on a form furnished by the City Clerk.
B.
The application shall set forth the following information:
(1)
The applicant's name, business name and business address.
(2)
Whether the applicant is an individual, a partnership,
a corporation or another entity, and, if another entity, a full explanation
and description thereof.
(3)
If the applicant is an individual, the applicant's
residence address and date and place of birth.
(4)
If the applicant is a partnership, the full names,
residence addresses, dates and places of birth of each partner.
(5)
If the applicant is a corporation or other entity,
in the case of a corporation, the full names, residence addresses,
dates and places of birth of each major officer and each stockholder,
the name and address of the registered agent and the address of the
principal office (the term "stockholder," as used herein, means and
includes any person owning or having an interest, either legal or
equitable, in 10% or more of the stock issued and outstanding of the
applicant corporation); in the case of another entity, the full names,
residence addresses, dates and places of birth of each person owning
or having any interest, either legal or equitable, aggregating in
value 10% or more of the total capital of said entity, the name and
address of the registered agent, if any, and the address of the principal
office.
(6)
Whether the applicant or any partners, officers or
stockholders thereof have ever been arrested or convicted of a crime,
and, if so, the name of the person arrested or convicted, the date
of arrest, the crime or charge involved and the disposition thereof.
The term "officers" as used herein means and includes the president,
vice presidents, secretary and treasurer of a corporate applicant.
(7)
A description of the device to be covered by the license.
The application shall be referred to the Chief
of Police for the purpose of investigation as to the truth of the
matters contained in the application, whether the applicant is of
good moral character and whether the amusement device is in such condition
as to be operated safely. The Chief of Police shall return the application
with his report and with his approval or disapproval thereof endorsed
upon the application.
A.
No license shall be issued to any applicant unless
he shall have attained the age of 21 years.
B.
No license shall be issued unless the Chief of Police
has endorsed his approval thereof upon the application.
C.
No person shall be granted a license under this article
unless he first furnishes evidence to the City Clerk that he has secured
and paid for a public liability insurance policy in amounts of not
less than $20,000 for one person and $100,000 for any one accident.
D.
At the time of making application for a license under
this article, the applicant shall deposit with the City Clerk a bond
in the sum of $100,000, conditioned upon saving harmless the City
from any and all liabilities or cause of action which might arise
by virtue of the granting of a license to the applicant, and conditioned
further that no damage will be done to the streets, sewers, trees
or adjoining property, and that no dirt, paper, litter or other debris
will be permitted to remain upon the streets or any private property
by such applicant.
E.
Every applicant under this article shall, before a
license is issued, file with the City Clerk a power of attorney, constituting
and appointing the City Clerk his agent for the acceptance of service
of process of any court of competent jurisdiction, and any notices
required to be given to the licensee or his surety on the bond, and
the insurance company on the public liability policy.
The license fee shall be $25 per year. The license
shall expire on December 31 of the year in which the license was issued.
A.
No person holding a license under this article shall
permit any person under 21 years of age to play or operate the licensed
amusement device.
B.
No person holding a license under this article shall
permit the operation of the licensed amusement device:
C.
No person holding a license under this article shall
park the licensed amusement device at any intersection of streets
or public highways or at any point upon a public highway so as to
create a traffic hazard.
A.
All licenses issued under this article shall be subject
to revocation by the Council at any time for:
B.
Prior to such revocation, there shall be a hearing
before the council, after a five-day written notice thereof.
C.
Such license may, pending revocation proceedings,
be suspended by the Chief of Police if, in his opinion, the conduct
of the licensee is detrimental to the health, safety and welfare of
the City.
[Amended 5-9-1969 by Ord. No. 3912; 3-17-1970 by Ord. No. 3969]
Any person who violates any provision of this
article shall, upon conviction thereof, be punished by a fine not
exceeding $500 or by imprisonment for a term not exceeding 90 days,
or both. A separate offense shall be deemed committed on each day
during or on which a violation occurs or continues.
[Adopted 12-20-1960 by Ord. No. 3319 as Article
I of Chapter 6 of the Revised Ordinances of the City of Clifton, New
Jersey, 1960; amended in its entirety 6-1-1999 by Ord. No. 6052-99]
As used in this article, the following terms
shall have the meanings indicated:
Any machine, contrivance or device which, upon the insertion
of a coin, slug, token, disc or key into a slot, crevice or other
opening or by the payment of any price, operates or may be operated
by the public generally and shall include, without limitation, such
devices as marble machines, pinball machines, mechanical games or
machines, skillball or similar amusements and shall also mean pool
or billiard tables and bowling alleys.
Any person who supplies, offers or exhibits for sale, leases,
sells or distributes automatic amusement and entertainment machines
or devices or jukeboxes to any other person.
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 person who owns, leases, rents or operates any premises
on or at which any automatic amusement and entertainment machine or
device or jukebox is kept, placed or exhibited for use or operation
by the public.
Any individual, firm, corporation, partnership, association
or entity.
Any building, business, store, restaurant, tavern, movie
theater or other place to which the public is invited or may enter.
A.
No person shall supply, offer or exhibit for sale,
lease, sell or distribute any automatic amusement and entertainment
machine or device or jukebox in the City of Clifton without first
obtaining distributor's license. A separate listing shall be required
for each location within the City of Clifton that the distributor
supplies, offers or exhibits for sale, leases, sells or distributes
any automatic amusement and entertainment machine or device or jukebox.
[Amended 12-19-2000 by Ord. No. 6164-00]
B.
The application for said license shall contain the
following information:
(1)
The name, date, home address and business and telephone
number of the applicant and each of its stockholders, officers and
directors holding in excess of 10% of its stock.
(2)
The name and address of the registered agent of the
applicant or person upon whom service of process is authorized to
be made.
(3)
The name, date and place of birth, home address and
home telephone number of the manager or other authorized agent of
the applicant who shall be in charge of or conduct the business of
the applicant within the City of Clifton.
(4)
The number of mechanical amusement devices which the
applicant will distribute at a location in the City.
[Amended 12-19-2000 by Ord. No. 6164-00]
(5)
The application shall contain a certification under
oath, made by the applicant or its authorized representative, that
the information contained in the application and all attachments thereto
is complete, accurate and truthful to the best of his knowledge and
belief.
C.
The City Clerk shall promptly forward a copy of the
application and accompanying materials to the Chief of the Police
Department for investigation, review and report. Such report shall
be sent to the Municipal Council which, in accordance with the standards
and requirements set forth herein, may grant the license or refuse
the license. If the license is granted, the City Clerk shall forthwith
issue the license upon payment of the licensing fee.
D.
The City Clerk shall ensure that the license application
and all attachments thereto are complete and those persons whose names
are required to be disclosed on the application are all persons capable
of owning, controlling and/or operating machines or devices within
the City of Clifton in a manner consistent with the public safety,
morals and general welfare of the community; that those persons whose
names are required to be disclosed on the license application can
reasonably be expected to own, control, manage or operate the proposed
business in accordance with all applicable laws, ordinances, rules
and regulations and free from any gambling, illegal or immoral activity
and free of unnecessary and unwanted noise or commotion; that no criminal
element is in direct or indirect control or management of the business
of the applicant; that the granting of the application and issuance
of the license will promote a fair and competitive market for the
distribution of such devices within the City of Clifton; that the
granting of the application and issuance of the license has been done
after the applicant has properly executed all agreements and consents
required by this article and has agreed to conduct his business in
accordance with all requirements of this article and all other applicable
laws, ordinances, rules and regulations.
E.
No license shall be granted for any amusement or entertainment
device which is to be used for the purpose of gambling. For the purpose
of this article, an amusement and entertainment device, the operation
of which is based in any part on random chance or the random assignment
of numbers and the operation of which does not require more than minimal
skill or hand-eye coordination, shall be presumed to be intended to
be utilized for gambling purposes. By way of clarification but not
limitation, amusement or entertainment device used for the purpose
of gambling shall be deemed to include the following:
(1)
Amusement or entertainment devices known as "Joker
Poker" or any similar mechanical amusement devices displaying playing
cards; "Keno," "Dice," "Lucky Lines," "Cherry Master" or any similar
amusement devices styled after a slot machine with a rolling display
or circular wheel on which are depicted symbols; lotto or lottery-type
machines.
(2)
Any amusement or entertainment device which does not
have an operable slot or receptacle for the insertion of coin or paper
money.
(3)
Any amusement or entertainment device with buttons
or controls labeled "double up" or "bet."
(4)
Any amusement or entertainment devices which can be
controlled or operated from a remote location by other than the individual
operator.
A.
No person shall keep, place or exhibit any automatic
amusement device or jukebox for use or operation by the public on
or at any premises in the City of Clifton without first obtaining
an operator's license for such premises.
B.
Application.
(1)
The application shall contain the following information:
(a)
The name, date, home address and business address,
home telephone number and business telephone number of the applicant.
(b)
The name, address and telephone number of the
registered agent of the applicant or person upon whom service of process
is authorized to be made.
(c)
The type, manufacturer and serial number of
each device to be licensed.
(d)
The name, address and telephone number of the
distributor of each amusement or entertainment machine or device sought
to be licensed.
(e)
A floor plan reflecting the total square footage
of available floor space in the location where the machines are to
be maintained. Said floor plan shall also reflect the location of
each machine with the aisle and exit corridors clearly shown.
(f)
The seating capacity of the location where the
machines are to be maintained.
[Amended 12-19-2000 by Ord. No. 6164-00]
(g)
The number of machines to be maintained at each
location.
[Added 12-19-2000 by Ord. No. 6164-00]
(2)
The application must be accompanied by a copy of a
valid certificate of occupancy (CO) issued to the present owner/occupant
by the Office of Code Enforcement of the City of Clifton.
(3)
All applicants shall submit bills of sale for such
machines or other legal proof of ownership thereof.
C.
The City Clerk shall promptly forward a copy of the
application and accompanying materials to the Chief of the Police
Department and the Office of Code Enforcement for investigation, review
and report. Such reports shall be sent to the Municipal Council, which,
in accordance with the standards and requirements set forth herein,
may grant the license or refuse the license. If the license is granted,
the City Clerk shall forthwith issue the license upon payment of the
licensing fee.
D.
The person operating the premises where the machine
is located shall be liable and responsible for the proper operation
thereof, regardless of whether or not he/she is the actual owner of
the machine or has rented the same, but this shall not in any way
release the actual owner of the machine or device from liability or
responsibility for violation of this article or any ordinance of the
City of Clifton.
E.
No operator holding a license for the operation
of an amusement or entertainment machine or jukebox shall permit the
playing of jukeboxes or mechanical amusement devices within 200 feet
of any house of worship, public, private or parochial school or playground.
[Amended 9-3-2019 by Ord. No. 7539-19]
F.
No operator's license shall be transferable from operator
to operator nor from place to place by any operator of an amusement
or entertainment device or jukebox. It shall be valid only at the
place and by the operator designated in the license, except as otherwise
provided in Substation G of this section.
G.
No distributor or operator of amusement or entertainment
devices shall offer or permit to be offered any prize, free game or
other reward to a person playing any such machine required to be licensed
under this article.
A.
The operator shall not permit, suffer or allow any
person to gamble in any form or manner on the licensed premises and
shall prevent any immoral or illegal conduct or activity from occurring.
B.
No person on the licensed premises shall have in his
possession or under his control or offer to another any habit-forming
drug, nor shall the operator permit, suffer or allow any such person
on the licensed premises.
C.
No operator shall permit, suffer or allow the unlawful
sale or consumption of alcoholic beverages upon the licensed premises.
D.
No operator shall permit the operation of any amusement
or entertainment machine or device during the hours when the taverns
in the City of Clifton are required to be closed or between 3:00 a.m.
and 9:00 a.m.
[Amended 8-2-1999 by Ord. No. 6074-99]
E.
The operator shall at all times maintain good order
upon the licensed premises and shall not permit, suffer or allow any
disturbance, congestion or loitering upon the licensed premises.
F.
No device shall be operated in such a manner as to
be heard outside.
G.
No song shall be played or words spoken on any device
which violate the obscenity law of New Jersey.
H.
No device shall be permitted to cause any unnecessary
or unwanted noise or commotion nor otherwise interfere with the public
health, welfare and morals.
I.
No operator shall offer or permit to be offered any
prize or other award to any person playing any device.
J.
No device shall be located in a so-called back room
nor in any part of the licensed premises which is not open to the
general public.
K.
No licensed premises shall be without adequate sanitary
facilities nor contain any fire, safety or health hazard.
L.
No licensee nor any of his agents, officers or servants
shall by threats, promises or intimidation seek to control or direct
the placement or removal of any device or to control the placement
of any such device from any location within the City of Clifton, and
any such threats, promises or intimidation shall be reported immediately
to the Police Department and to the City Clerk.
M.
No licensee shall fail to report promptly to the Police
Department and City Clerk any violation of any law or ordinance occurring
on the licensed premises, nor shall any licensee fail to report promptly
to the City Clerk any conduct or activity prohibited by this article.
N.
Each licensee, distributor and/or operator shall promptly
report, in writing, to the City Clerk any change or addition or deletion
of the information furnished on the license application and all material
attached thereto, and this obligation shall be fully met during the
term of any license or the renewal thereof.
O.
No licensee shall refuse to cooperate fully with the
City Clerk or any law enforcement officer or agency, nor shall any
such licensee, operator and/or owner-operator refuse to produce and
make available all records relating to the purchase or distribution
of such devices. No such licensee and/or operator shall refuse access
to its premises to the City Clerk nor to any member of the Departments
of Police, Fire, Health or Housing nor to any law enforcement officer
or agency. All mechanical amusement devices licensed by the City of
Clifton must be available at all times during licensure for internal
inspection by an authorized representative of the City of Clifton.
No mechanical amusement device shall be fastened, locked or secured
in such a fashion that the licensee or person in charge of the licensed
premises cannot immediately provide access to the internal components
of said machine upon request.
P.
Total number.
[Amended 6-7-2000 by Ord. No. 6139-00; 12-19-2000 by Ord. No. 6164-00]
(1)
The total number of amusement and/or entertainment
machines or devices permitted at any location shall be as follows:
|
Seating Capacity
|
Machines Permitted
| |
|---|---|---|
|
Up to 25
|
4
| |
|
26 to 50
|
5
| |
|
51 to 75
|
6
| |
|
76 to 100
|
7
| |
|
101 to 150
|
8
| |
|
More than 150
|
9
|
(2)
All amusement and/or entertainment machines or devices
shall be distributed throughout the licensed premises so as not to
create an arcade-type atmosphere, except for a movie theater located
in a P-MU Zone.
(3)
A movie theater located in a P-MU Zone may be permitted
to have a maximum of 20 amusement or entertainment machines or devices
and a restaurant associated with a hotel in a P-MU Zone may be permitted
to have maximum of 15 amusement or entertainment machines or devices.
Q.
In order for a movie theater in a P-MU Zone to have
more than three amusement and/or entertainment machines or devices,
the persons making use of said amusement and/or entertainment machines
or devices must have paid a fee for the admission to the theater,
and such machines shall be located in an area of the theater that
requires an admission ticket to have been purchased for the viewing
of a movie for entry.
R.
A movie theater licensee in a P-MU Zone shall be required
to have special police services on the premises between the hours
of 7:00 p.m. and 10:00 p.m. on Fridays, Saturdays, Sundays and holidays.
[Amended 6-7-2000 by Ord. No. 6139-00]
A.
Each license, when issued, shall designate the number,
type and serial number of machines or devices operated hereunder.
B.
Each such license shall bear a number, and the number
of that license shall be placed in some permanent way upon each machine
or device operated or distributed under this article.
C.
All license fees shall be paid to the Clerk of the
City of Clifton prior to the issuance of the license, and all licenses
issued hereunder shall be issued for a term of one year commencing
on January 1 and expiring on December 31.
[Amended 6-7-2000 by Ord. No. 6139-00; 12-19-2000 by Ord. No. 6164-00]
A.
The fee for the issuance of a license to operate amusement
or entertainment machines or devices, excluding jukeboxes, shall be
as follows:
[Amended 1-2-2008 by Ord. No. 6711-08]
|
Number of Machines
|
Fee
| |
|---|---|---|
|
1 to 3
|
$250
| |
|
4 to 6
|
$330
| |
|
7 to 9
|
$385
|
B.
The fee for the issuance of a license to operate amusement
or entertainment devices in a movie theater in a P-MU Zone shall be
$3,300.
[Amended 1-2-2008 by Ord. No. 6711-08]
C.
The fee for the issuance of a license to operate amusement
or entertainment devices in a restaurant associated with a hotel in
a P-MU Zone shall be $2,250.
D.
The fee for the issuance of a distributor's license
for amusement or entertainment machines, excluding jukeboxes, shall
be as follows:
[Amended 1-2-2008 by Ord. No. 6711-08]
|
Number of Machines
|
Fee
| |
|---|---|---|
|
1 to 10
|
$440
| |
|
11 to 20
|
$660
| |
|
21 to 30
|
$880
| |
|
31 to 40
|
$1,100
| |
|
41 to 50
|
$1,320
| |
|
51 to 60
|
$1,650
| |
|
61 to 75
|
$1,800
| |
|
75 or more
|
$2,000
|
E.
The fees for the issuance of a license to operate
and distribute jukeboxes in any place of business shall be $40 for
each jukebox distributed to and located at the place of business,
and $5 per station for each jukebox located at a station at the place
of business.
[Amended 12-16-2003 by Ord. No. 6387-03; 1-5-2009 by Ord. No. 6788-09]
F.
The licensee fee shall be waived for nonprofit organizations.
A.
Each license issued shall be posted prominently and
conspicuously in the licensed premises.
B.
Any such license may be amended to evidence the transfer
of one machine or device to another similar device, upon application
to the City Clerk, giving a description by type, manufacture and serial
number of such machine.
Every license issued hereunder is subject to
revocation if any of the following things occur:
A.
The violation of any of the provisions of this article.
B.
Any misstatement or omission in the license application
or in any information submitted therewith or the failure to notify,
in writing, the City Clerk of any changes by addition or deletion
or amendment to said application or information during the term of
said license or renewal.
C.
The determination on revocation shall be made after
a hearing before the Municipal Council.
D.
Prior to revoking any such license, the licensee shall
be given a hearing, in the event that such a hearing is requested,
after notice of the right to such a hearing is given by the City Clerk.
The licensee shall be given 10 days' notice of said hearing, or more,
and such notice shall state the ground or grounds therefor. At such
hearing, the licensee may submit relevant information on his behalf.
The rules of evidence shall not apply to such hearing, but each party
shall have the opportunity to present his case and to be represented
by counsel. Any appeal from the decision of the Mayor and Municipal
Council shall be to the Superior Court of New Jersey.
No license under this article shall be issued
to any applicant unless he is 21 years of age or over.
[Amended 8-2-1999 by Ord. No. 6074-99]
Amusement devices shall not be operated between
the hours of 3:00 a.m. and 9:00 a.m.
The licensee of any premises in which a license
for one or more amusement devices or machines is required shall be
required to keep on file each application for a license for amusement
and/or entertainment machines or devices. Upon request by any law
enforcement official of the City of Clifton, any licensee of said
premises or any employee at said premises shall furnish such information
to said law enforcement official.
Every person seeking licensure hereunder shall
comply with all state statutes, municipal ordinances and regulations,
building and fire code regulations and zoning code requirements, as
well as all other statutes and regulations prior to receiving a license
or licenses hereunder.
Any person who violates any provision of this
article shall, upon conviction thereof, be punished by a fine not
exceeding $500 or by imprisonment for a term not exceeding 30 days,
or both.
