[HISTORY: Adopted by the Municipal Council
of the City of Clifton 12-20-1960 by Ord. No. 3319 as Article 2 of
Chapter 21 of the Revised Ordinances of the City of Clifton, New Jersey,
1960; amended in its entirety 1-8-1992 by Ord. No. 5564-92. Subsequent
amendments noted where applicable.]
In addition to the definitions contained in § 141-11 of Chapter 141, Amusements, as used in this chapter 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 and music devices which emit songs, music or similar
amusement and shall also mean jukeboxes, pool or billiard tables and
bowling alleys.
B.
No person on the licensed premises shall have illegally
in his possession or under his control or offer to another any habit-forming
drug, nor shall the owner or operator of a place of business permit,
suffer or allow any such person on the licensed premises.
D.
The owner or operator of a place of business 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.
E.
No device shall be operated in such a manner as to
be heard outside.
F.
No song shall be played or words spoken on any device
which violate the obscenity law of New Jersey.
G.
No device shall be permitted to cause any unnecessary
or unwanted noise or commotion or otherwise interfere with the public
health, welfare and morals.
H.
No owner or operator of a place of business shall
offer or permit to be offered any prize or other award to any person
playing any device.
I.
No device shall be located in a so-called back room
or in any part of the licensed premises which is not open to the general
public.
J.
No licensed premises shall be without adequate sanitary
facilities or contain any fire, safety or health hazard.
K.
No licensee or 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 License Inspector.
L.
No licensee shall neglect or fail to report promptly
to the Police Department and License Inspector any violation of any
law or ordinance occurring on the licensed premises, nor shall any
licensee neglect or fail to report promptly to the City Clerk any
conduct or activity prohibited by this chapter.
M.
Each licensee, distributor and/or owner or operator
of a place of business 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.
N.
No licensee shall refuse to cooperate fully with the
City Clerk or any law enforcement officer or agency, nor shall any
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 shall refuse access to its premises
to the City Clerk or to any member of the Department of Police, Fire,
Health or Housing or to any law enforcement officer or agency.
O.
Mechanical amusement devices.
(1)
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 licensing division.
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 the above request.
(2)
No license shall be granted for any mechanical amusement
device which is to be used for the purpose of gambling. For the purpose
of this chapter, a mechanical amusement 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, mechanical amusement devices used for the purpose of gambling
shall be deemed to include the following:
(a)
Mechanical amusement devices known as joker
poker or any similar mechanical amusement devices displaying playing
cards; keno or any similar mechanical amusement devices displaying
a number board where numbers are designated by random; horse racing;
dice; lucky lines; cherry master or any similar mechanical amusement
devices styled after a slot machine with a rolling display or circular
wheel on which are depicted symbols; and lotto or lottery-type machines.
(b)
Any mechanical amusement device which does not
have an operable slot or receptacle for the insertion of coin or paper
money.
(c)
Any mechanical amusement device with buttons
or controls labeled "double up" or "bet."
(d)
Any mechanical amusement devices which can be
controlled or operated from a remote location by other than the individual
operator.
Every license issued under Article II of Chapter 141 of the Code of the City of Clifton is subject to revocation if any of the following things occur:
A.
The violation of any of the provisions of this chapter.
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 by the
Municipal Council of the City of Clifton, which shall hold a hearing
with respect thereto.
D.
Prior to revoking any such license, the licensee shall
be given such 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 evidence and witnesses in his defense.
A.
If a police officer of the Police Department or other
law enforcement officer with the authority to act within his jurisdiction
shall have probable cause to believe that any mechanical amusement
machine/device is used for gambling or if a mechanical amusement machine/device
is prohibited pursuant to this chapter, such machine/device may be
seized and removed from the premises by the Police Department or its
authorized personnel or other law enforcement officer with the authority
to act within this jurisdiction and impounded and considered contraband.
As an alternative to the seizure and removal of the machine/device
as a whole, a police officer may remove from the device such internal
components as will disable the machine/device. If possible, those
removing the machine/device shall provide the person in charge of
the premises with a report, to be filed with the Police Department,
noting any obvious danger to the property. Thereafter, any person
aggrieved thereby may demand a hearing, in writing, directed to the
City Clerk.
B.
After seizure, any person aggrieved may demand a hearing
as provided hereinabove and shall be given a hearing within 10 days
from the date of such demand. In the event that the Municipal Council
finds that the seizure was justified under the provisions of this
chapter, the machine/device shall not be released until proper ownership
and/or licensing fees are paid and properly presented, together with
a removal/storage charge of $50 per machine/device seized. In the
event that only the internal components of the machine/device were
seized, the removal/storage charge per machine/device will be $25.
In the event that said panel finds that the seizure was unjustified,
the machine/device shall be returned to the person from whom it was
seized forthwith, but such person shall have no further remedy against
the City of Clifton.
C.
If no person makes a claim to a seized machine/device
within 120 days from the date of seizure, said machine/device may
be destroyed or otherwise disposed of in accordance with state statute
or local ordinance.
The provisions of this chapter requiring a proprietor's
license shall not apply to any church, fraternal or veterans organization
or religious or charitable organization which operates any machine
or device exclusively for the use of its premises owned or controlled
by it. This provision does not exempt any social club from the requirements
of this chapter.
Every person seeking licensure hereunder shall
comply with all state statutes, municipal ordinances and regulations,
Building and Fire Code regulations and Zoning Code requirements,[1] as well as all other statutes and regulations, prior to
receiving a license or licenses hereunder.
Any person violating any provision of this chapter
or failing to comply therewith may be punished by imprisonment not
exceeding 90 days or by a fine not exceeding $500, or by both imprisonment
and fine, and a separate offense shall be deemed committed on each
day during or on which the violation or failure to cease transacting
the business of distributing occurs or continues. Upon conviction,
no licensee shall thereafter transact the business of distributing
or operating within the City of Clifton.
