No person shall conduct, carry on, exhibit, promote or engage in any miscellaneous amusement business enumerated in §
161-4 of this chapter in any place, building, structure or premises within the Borough without having first obtained a license therefor as hereinafter provided.
[Amended 11-24-1992 by Ord. No. 92-23]
All applications for licenses issued under this chapter shall be made to the Borough Clerk. The application shall be accompanied with the proper license fee as indicated in §
161-4.
After receiving the application, the Borough
Clerk shall present the same to the Mayor and Council for consideration
at the next succeeding meeting. Upon approval of the application by
the Mayor and Council, the license shall be issued by the Borough
Clerk.
Licenses shall be obtained for the operation
of the following enumerated amusement businesses upon payment of the
respective indicated license fees:
A. Pony tracks: the business of maintaining, conducting
and operating any form of track, roadway or similar place for use
by the public as a pony track. The license fee for a pony track shall
be $100.
B. Public golf courses, golf driving ranges, archery
ranges and places of like amusements. The license fee for public golf
courses, golf driving ranges, archery ranges and places of like amusements
shall be $100.
C. Public shooting galleries and places of like amusements.
The license fee for public shooting galleries and places of like amusements
shall be $200.
D. Public tennis courts. Not more than 10 tennis courts
will be permitted under one license issued under this subsection.
The license fee for public tennis courts shall be:
Number of Courts
|
Fee
|
---|
1 to 2
|
$ 25
|
3 to 5
|
$ 50
|
6 to 10
|
$100
|
E. Riding academies: the business of maintaining, conducting
and operating a horse riding academy, riding school or place where
horses are kept for hire. The Borough Clerk, in addition to issuing
the license, shall issue to each licensee a series of tags for the
horses kept or maintained at the licensee's place of business. Each
series of tags shall be of a separate color, and tags of a color issued
to any one licensee shall not be issued to any other licensee. Each
series of tags shall be numbered consecutively, beginning with the
number one. The number of tags in any series shall be equal to the
number of horses kept or maintained at the place of business of each
licensee. No charge shall be made for the original issuance of said
tags, but the charge for the replacement of lost tags shall be $1
per tag. No person conducting the business of a riding academy or
riding school shall permit or suffer or cause to be permitted or suffered
any horse to leave the premises of the academy or riding school or
to be at any place or on any street or public place in the Borough
other than on the premises of the academy or riding school unless
there is attached to the neck of said horse, by band or other appropriate
device, a tag of the kind and color issued to the licensee. The license
fee for a horse riding academy, riding school or place where horses
are kept for hire shall be $125.
F. Skating rinks: The business of maintaining, conducting
and operating a skating rink, including both ice-skating and roller-skating.
The term "indoor and enclosed" means an enclosed building, room or
hall and shall not be deemed to include any tent, marquee or other
nonpermanent structure. The license fee for open-air and unenclosed
skating rinks, including both ice-skating and roller-skating, shall
be $500. The license fee for indoor and enclosed skating rinks, including
both ice-skating and roller-skating, shall be $100.
G. Tracks and velodromes: the business of maintaining,
conducting and operating any racetrack, oval, scooter-track, velodrome
or any other form of track, roadway or similar place for the exhibition
to or use by the public of any form of motor-driven or motor-paced
vehicle or conveyance. The license fee for tracks and velodromes shall
be $1,000.
H. Redemption amusement games. A game certified as permissible
by the Amusement Games Control Commissioner, pursuant to the Amusement
Games Licensing Law, which is played for amusement or entertainment,
which is a game in which the person or player actively participates,
in which the outcome is not in the control of the operator or owner
of the game and which is so conducted that when and where all of the
players are present there occurs in continuous sequence the sale of
a right to participate, the event which determines whether a player
wins or loses and the award of a merchandise prize or nontransferable
tokens or tickets, which may be accumulated and which are immediately
redeemable for a merchandise prize; provided, however, that the following
are not redemption amusement games and are not eligible for license
under this chapter: bingo games; and draw raffles.
[Added 8-26-2003 by Ord. No. 03-26]
(1) There shall be issued to an applicant who shall qualify
a separate license for each place at which the licensee is authorized
to hold, operate and conduct such redemption amusement games. The
annual license fee for each place shall be $250.
(2) A separate license shall be issued for each specific
kind of redemption amusement game authorized to be held, operated
and conducted on the licensed premises by the licensee. The license
fee payable to the Borough for each specific kind of game certified
by the Commissioner, pursuant to N.J.A.C. 13:3-7.9, as permissible,
shall be as follows:
(a)
Throw games, wherein a single player, upon payment
of fee, is furnished a number of balls, hoops, darts or other objects
or uses his own coins to be hand thrown or propelled at, into or upon
targets, with prizes awarded according to results achieved, provided
that only one of the above games may be licensed under one license
and there is no restriction on the number of units that may comprise
the game: $250.
(b)
Arcade games, wherein a single player, upon
payment of a fee, is permitted to play a machine or device to obtain
a prize or attain a score upon which a prize is awarded according
to results achieved: $250, plus $10 per machine for each machine in
excess of 50 machines.
(c)
Competitive games, wherein several players,
upon payment of a fee, are permitted to compete against each other
for a prize to be awarded to the player who first achieves the required
result, provided that only one of the above games shall be licensed
under one license and there is no restriction on the number of units
that may comprise the game: $250.
(d)
Tests of strength, wherein a single player,
upon payment of a fee, is entitled to win a prize in the event that
within a permitted number of tries he rings a bell or gong a required
number of times by striking with a maul one end of a horizontal level
arm on the other end of which propels a weight upward along a vertical
wire at the top of which the bell or gong is located; provided, however,
only one unit may be licensed under one license: $250.
(e)
Miscellaneous games, wherein a single player,
upon payment of a fee is entitled to use a physical skill to obtain
a predetermined goal for which a prize is awarded: $250.
(3) The required Borough fee, which shall be an annual
fee with proration, shall accompany the license application. In the
event that the license is denied or the application therefor is withdrawn,
the Borough shall retain 25% of the application fee as an investigation
fee, and the balance shall be returned to the applicant.
(4) The license so issued shall be inoperative unless
and until the licensee named therein shall also, within 90 days from
the issuance thereof and prior to the conduct or operation of redemption
amusement games thereunder, procure and receive from the Commissioner
a state license authorizing the licensee holding the Borough of Paramus
license to operate and conduct certain redemption amusement games
according to the terms of such Borough of Paramus license; and any
license issued hereunder shall also be inoperative during any period
of suspension or revocation of such state license.
I. CEC Entertainment, Inc., is a recognized "amusement park" located
at 276 Route 4 West in Paramus pursuant to its December 18, 2018,
application to the New Jersey Legalized Games of Chance Control Commission
and Paramus' subsequent review of the same application.
[Added 5-21-2019 by Ord.
No. 19-11]
J. Humdingers
is a recognized "amusement park" located at 64 East Midland Avenue
in Paramus pursuant to its October 10, 2019, application to the New
Jersey Legalized Games of Chance Control Commission and Paramus'
subsequent review of the same application.
[Added 12-17-2019 by Ord. No. 19-34]
In addition to the penalty prescribed in §
161-8, the Mayor and Council may, after notice and hearing, revoke any license granted under this chapter if any provision of this chapter is violated or if the licensed place or premises is so operated as to constitute a nuisance.
[Amended 11-24-1992 by Ord. No. 92-23; 8-26-2003 by Ord. No. 03-26; 3-14-2006 by Ord. No. 06-2]
A. Any person who violates any provision of this chapter shall, upon conviction, be subject to the penalties provided by §
1-15 of this Code. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
B. Violation of the Amusement Games Licensing Law and
the regulations of the Amusement Game Control Commissioner shall be
deemed a violation of the provisions of this chapter subject to the
foregoing penalties. The duties of the licensee as set forth in the
Amusement Games Licensing Law are also duties of a licensee under
this chapter.