[HISTORY: Adopted by the Township Committee
(now Mayor and Council) of the Township of North Brunswick 5-17-1948; amended in
its entirety 11-1-1982. Subsequent amendments noted where applicable.]
This chapter may be known and cited as the "Amusement
Device Ordinance."
For the purpose of this chapter, the terms used
herein are defined as follows:
An amusement offered through an electronic device that allows
a player to participate in a game of skill or chance through interaction
with the device (N.J.S.A. 5:8-101).
[Added 4-17-2023 by Ord. No. 23-07]
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 machines, electronic video games, and
all games, operations or transactions similar thereto under whatever
name they may be indicated.
Includes the following: any person, firm, corporation or
association which owns any such machine; the person, firm, corporation
or association in whose place of business any such machine is placed
for use by the public; and the person, firm, corporation or association
having control over such machine; provided, however, that the payment
of any fee by any person, firm, corporation or association enumerated
herein shall be deemed a compliance with this section of this chapter.
A commercially operated permanent business open to the public
at least 31 consecutive days annually, designed and themed for the
primary purpose of providing participatory amusements incorporating
skill-based attractions, rides or water slides licensed in accordance
with P.L. 1975, c. 105 (N.J.S.A. 5:3-31 et seq.) or electronic amusements,
and food and merchandise concessions in permanent structures. Nothing
in this definition shall prevent a license from being issued in any
location which has had a licensed issued prior to the effective date
of P.L. 2015, c. 149 (N.J.S.A. 5:8-78.1 et seq.) (N.J.S.A. 5:8-101).
[Added 4-17-2023 by Ord. No. 23-07]
An amusement utilizing a tangible object such as a ball,
puck, or other portable object either alone or in competition with
other on-premises guests, or requiring the exertion of physical, aerobic
activity, such as dancing, climbing, running, or jumping rope; or
any amusement that is predominantly skill-based and can be played
either alone or in competition with other on-premises guests (N.J.S.A.
5:8-101).
[Added 4-17-2023 by Ord. No. 23-07]
[Amended 4-17-2023 by Ord. No. 23-07]
A.
Nothing
in this chapter shall in any way be construed to authorize, license
or permit any gambling devices whatsoever or any mechanism that has
been judicially determined to be a gambling device or in any way contrary
to law or that may be contrary to any future laws of the State of
New Jersey.
[Amended 4-17-2023 by Ord. No. 23-07]
A.
Any person, firm, corporation or association displaying for public patronage or keeping for operation any jukebox, electronic video game or mechanical amusement device, as herein defined by § 109-2, shall be required to obtain a license from the Township of North Brunswick upon payment of a license fee. Application for such license shall be made to the Township Clerk upon a form to be supplied by the Township Clerk for that purpose.
A.
The application for such license shall contain the
following information:
(1)
Name and address of the applicant, date and place
of birth, and whether or not the applicant is an individual, partnership
or corporation.
(2)
The age of the applicant, of each partner, if a partnership,
and of each of the principal officers of the corporation, if the applicant
is a corporation. The corporation or partnership shall list the names
and addresses of its stockholders holding 10% or more of its stock
or of 10% or greater interest in the partnership, as the case may
be.
(3)
The criminal record of the applicant, if any, setting
forth the date or dates of conviction, the nature of the violation
and the jurisdiction in which the violation occurred. If the applicant
is a partnership, the same information shall be supplied for each
partner, and, if the applicant is a corporation, this information
shall be supplied for each of the principal officers of said corporation.
(4)
A description of the machine to be covered by the
license, mechanical features, name of manufacturer and serial number.
(5)
The street number and description of the area where
the machines or devices are to be operated, stating the floor or floors
of the premises and attaching a sketch showing the rooms or areas
involved. Such sketch shall be drawn to scale, with the scale set
forth on the sketch, and shall designate all exits, windows and storage
spaces to be used in the operation.
B.
No license shall be issued to any applicant unless
he shall be over 18 years of age.
A.
Fees for the operation of mechanical amusement devices are specified in Chapter 212, Licensed Occupations.
[Amended 9-15-1997 by Ord. No. 97-10]
B.
License fees shall become payable to the Township
Clerk on the first day of August in each year, and all such licenses
shall expire on the 31st day of July in each year. All licenses issued
between the first day of January and the first day of August following
in any year shall be issued for 1/2 the required fee. All licenses
issued between the first day of August and the first day of January
following in any year shall be issued for the full license fee.
C.
Exempted from said fees shall be any group, agency,
organization or club recognized as a nonprofit and/or tax-exempt entity.
D.
A new license fee shall not be required for the replacement
or substitution of one mechanical amusement device for another.
Each application shall be referred to the Chief
of Police or a police officer designated by him, who shall immediately
institute whatever investigation of the applicant's business responsibility,
moral character and ability to properly conduct and supervise the
use of amusement games as he considers necessary for the protection
of the public. He shall communicate his findings, in writing, to the
Clerk within a reasonable time after the application has been filed.
If the Chief of Police decides that the applicant's character, ability
or business responsibility are unsatisfactory or the products, services
or activity are not free from fraud, he shall disapprove the application;
the Clerk shall refuse to issue the license and shall so notify the
applicant. Otherwise, the Clerk shall issue the license immediately,
provided that the required license fees have been paid except in cases
where approval of the Mayor and Council is required. In the event
of the refusal of the issuance of a license, the applicant may appeal
to the Mayor and Council for a hearing.
The Township Clerk shall maintain records of
all persons and devices licensed or denied same, pursuant to this
chapter. Such records shall contain the applications and other information
relating to ownership, placement, maintenance, use and operation of
such devices and shall be open to inspection of the public for good
cause at reasonable times and shall constitute public records. Extracts
thereof may be certified by the Township Clerk for use as legal evidence.
A new license issued pursuant to the provision
of this chapter shall be required to transfer the rights to use, operate
and maintain existing licensed mechanical amusement devices, provided
that the location of the originally licensed mechanical amusement
device is not changed. The license fee for the transfer from one license
to another shall equal 10% of the annual license fee established herein.
Thereafter, upon renewal of said license, the annual fee shall be
paid in full. Any change of location of any such mechanical amusement
device from the premises of any license shall automatically revoke
such license. In such cases, application for a new license must be
made, and no fees paid for revoked licenses shall be refunded.
A.
Any license issued by the township may be suspended
or revoked by the Mayor and Council after notice and a hearing for
any of the following causes:
(1)
Fraud or misrepresentation in any application for
a license.
(2)
Fraud, misrepresentation or other dishonesty in the
conduct of the licensed activity.
(3)
The licensee has violated any ordinance of the township
or any law of the State of New Jersey or of the United States, which
violation reflects unfavorably on the fitness of such licensee to
be so licensed.
(4)
Conduct of the licensed activity whether by the licensee
himself, his agents or employees in a manner that constitutes a breach
of the peace or a menace to the public health, safety or general welfare.
(5)
Habitual conduct of the users of the licensed game
in any unlawful manner or in a manner that constitutes a breach of
the peace or a menace to the public health, safety or general welfare.
B.
Notice of hearing. Notice of hearing for the revocation
or suspension of a license shall be given, in writing, by the Clerk.
The notice shall specifically set forth the grounds upon which the
proposed revocation or suspension is based and the time and place
of the hearing. It shall be served by mailing a copy of the notice
to the licensee at his last known address by certified mail, return
receipt requested, at least five days prior to the date set for the
hearing.
C.
Hearing; determination. At the hearing, the licensee
shall have the right to appear and to be heard to be represented by
an attorney, to present witnesses in his own behalf, to cross-examine
opposing witnesses and have a permanent record made of the proceedings
at his own expense. The Mayor and Council shall revoke or suspend
the license if it is satisfied by a preponderance of the evidence
that the licensee is guilty of the acts charged.
D.
Reinstatement of revoked licenses. The Mayor and Council
may issue another license to a person whose license has been revoked
or denied as provided in this section if after hearing it is satisfied
by clear and convincing evidence that the acts which led to the revocation
or denial will not occur again; otherwise, no person whose license
has been revoked or denied nor any person acting for him, directly
or indirectly, shall be issued another license to carry on the same
activity.
A.
No more than four mechanical amusement devices and/or licenses shall be located or issued to any one legally established business use in the Township of North Brunswick except as provided in § 109-12B below.
B.
The licensing of premises for more than four mechanical
amusement devices shall only be permitted in the C-2 Zone as provided
in the Township Land Use Ordinance.[1] Any business use located in the C-2 Zone containing more
than four mechanical amusement devices shall be considered a commercial
recreational use as defined in the Township Land Use Ordinance.
C.
No licensee shall permit any person using an amusement
game to operate the same for any gambling purpose prohibited by law.
In the event that it is determined judicially or by admission of the
licensee that any commercial amusement device is being operated as
a gambling device, the machine may be confiscated and destroyed or
sold at public auction, and the license of the licensee may be revoked
after a hearing.
D.
Either the licensee or an adult agent or employee
of the licensee shall be present and supervise the use of any amusement
game by a minor under the age of 16 years.
E.
No person, firm, corporation or association shall
permit the playing of mechanical amusement devices within 600 feet
of any church, public or parochial school or playground.
F.
The licensee shall, at all times, control the sound
so as not to cause disturbance or nuisance to others in the vicinity
of the machines. The licensee shall not, at any time, place a jukebox
so that the sound is disturbing to the public in the street or to
other persons occupying the building in the immediate vicinity.
G.
The applicant shall submit plans to the Construction
Official or other designated township official demonstrating that
the building or place where the machine is to be located is properly
insulated to prevent noise of both the patrons and the machines from
disturbing or entering adjacent buildings at the location. Furthermore,
he shall offer proof that the location will conform with all state
noise level regulations.
[Added 4-17-2023 by Ord. No. 23-07]
The following location is designated as a recognized amusement
park as described herein and for the purposes as set forth herein:
A.
1 Carolier
Lane, North Brunswick.
[Amended 4-17-2006 by Ord. No. 06-06]
Any person violating or failing to comply with
any of the provisions of this chapter shall, upon conviction thereof,
be punishable by a fine of not more than $2,000 or by imprisonment
for a term not to exceed 90 days, or by both such fine and imprisonment,
in the discretion of the Judge. The continuation of such violation
on each successive day shall constitute a separate offense, and the
person or persons allowing or permitting the continuation of the violation
may be punished as provided above for each separate offense.
