[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:
CAROUSEL, WHIP or OTHER MOBILE AMUSEMENT DEVICE
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.
The license fee shall be $25 per year. The license
shall expire on December 31 of the year in which the license was issued.
[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:
AMUSEMENT AND ENTERTAINMENT MACHINES OR DEVICES
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.
DISTRIBUTOR
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.
JUKEBOX
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.
OPERATOR
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.
PERSON
Any individual, firm, corporation, partnership, association
or entity.
PREMISES
Any building, business, store, restaurant, tavern, movie
theater or other place to which the public is invited or may enter.
[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.
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.