[Adopted 12-18-1979 by Ord. No. 79-111 as Ch. 4, Art. 1, of the 1979 Revised General Ordinances of Paterson]
As used in this article, the following terms
shall have the meanings indicated:
An individual applicant; a corporate applicant, any of its
officers, directors or stockholders; or a partnership applicant, any
of its partners.
[Amended 9-26-1989 by Ord. No. 89-047; 1-21-1992 by Ord. No.
92-003; 7-27-1993 by Ord. No. 93-022]
The premises or portion thereof where a licensed device is
to be operated, used or maintained.
[Added 1-21-1992 by Ord. No. 92-003]
The type of machine, electronic game or contrivance commonly
known and designated as bagatelle, baseball, hockey, football, pool
table, gun, shuffle alley, bowling, pinball or pin amusement game,
video game, arcade game or computer game or machine or device similar
to the foregoing which, upon the insertion of a coin, paper money,
slug or token in any slot or receptacle attached to said machine or
device or connected therewith, or which by remote control, mechanical
or manual means, with or without payment of a fee, operates or which
may be operated for use as a game, contest or amusement in a public
or quasi-public place, private club, social club, fraternal organization
or in any building, store or other place wherein the public is invited
or wherein the public may enter.
[Amended 2-5-1985 by Ord. No. 85-001; 9-26-1989 by Ord. No.
89-047; 1-21-1992 by Ord. No. 92-003; 7-27-1993 by Ord. No. 93-022]
[Added 1-21-1992 by Ord. No. 92-003;
amended 4-28-1992 by Ord. No. 92-018]
A.
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 article, 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 minimum
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:
(1)
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; Roulette;
Dice; LuckyLines, 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; lotto or lottery-type machines.
(2)
Any 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 and which does not have an operable
slot or receptacle for the insertion of coin or paper money; this
section shall not be deemed to prohibit devices provided at no charge
by restaurants or retail establishments for the amusement of their
patrons.
[Amended 12-19-1995 by Ord. No. 95-068]
(3)
Any 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 and with buttons or controls labeled
"double up" or "bet" or buttons or controls performing said function
regardless of label.
[Amended 10-27-1992 by Ord. No. 92-057]
(4)
Any 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 and which can be controlled or operated
from a remote location by other than the individual player.
[Amended 12-19-1995 by Ord. No. 95-068]
(5)
Any 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 and which is readily capable of being converted by the internal technology of the mechanical amusement device to machines such as set forth in Subsection A(1) above.
[Amended 12-19-1995 by Ord. No. 95-068]
B.
For the purposes of this prohibition, mechanical amusement
devices commonly known as "pinball machines," regardless of the nature
of any visual display thereon, shall be deemed to require more than
minimal skill or hand-eye coordination and thus are not subject to
this prohibition against licensing.
[Amended 2-5-1985 by Ord. No. 85-001; 7-27-1993 by Ord. No.
93-022]
A.
No person shall operate, maintain or use in any public or quasi-public place, club, private club, social club, fraternal organization or in any building, store or other place where the public is invited or wherein the public may enter any mechanical amusement device, as defined in § 117-1, without first having obtained a license for each such device as hereinafter provided.
[Amended 9-26-1989 by Ord. No. 89-047; 1-21-1992 by Ord. No.
92-003; 10-27-1992 by Ord. No. 92-057]
A.
Except as otherwise permitted by § 117-13, no license required by this article shall be issued to:
[Amended 12-19-1995 by Ord. No. 95-068]
(1)
Any applicant who shall have completed a sentence
for conviction of any crime of the first, second, third or fourth
degree or equivalent crimes in other states or the federal system
within three years of the date of his application or date of annual
renewal of the same unless the applicant shall have within that three-year
period completed parole or probation supervision resulting from that
crime.
(2)
Any applicant who shall have been convicted of a disorderly
persons offense or petty disorderly person offense relating to gambling.
B.
No license required by this article shall be issued to any applicant to operate, maintain or use any mechanical amusement device in any premises or location wherein a violation of this article has occurred and for which violation a license has been automatically suspended for a period of one year or more pursuant to § 117-13. The provisions of this Subsection B shall apply regardless of any transfer of ownership.
C.
With regard to an application from corporations or
partnerships, an applicant wherein a stockholder holding 10% or more
of the stock or a partner holding 10% or greater share in the partnership
has been convicted of a crime, conviction of a disorderly persons
offense or petty disorderly persons offense relating to gambling or
violation of this article shall be denied a license.
[Amended 12-19-1995 by Ord. No. 95-068]
A.
An application, sworn to by the applicant, shall be filed with the licensing division, upon forms requesting the information set forth in § 117-6C.
[Amended 10-27-1992 by Ord. No. 92-057]
B.
The license inspector shall investigate all applicants for the license required by § 117-3 and the premises wherein each mechanical coin-operated amusement device will be located.
C.
Notice of intention to apply for license.
(1)
Following the filing of an application for a premises
where no licensed mechanical coin-operated amusement device has been
located immediately prior to the application, the applicant shall
forthwith cause to be published a notice of his intention to apply
for a license to operate, maintain or use a mechanical coin-operated
amusement device or devices.
(3)
Said notice shall be published once in a newspaper
published and circulated in the City.
[Amended 2-5-1985 by Ord. No. 85-001; 9-26-1989 by Ord. No.
89-047; 1-21-1992 by Ord. No. 92-003]
A.
After proper investigation and after approval of the
application for a license by the Council, the Licensing Division shall
issue a license for each mechanical amusement device in the name of
the proprietor of the premises where the same is to be operated, used
or maintained.
B.
The application for each mechanical amusement device
must be signed by the applicant and said signature acknowledged by
a notary public or other person authorized by the State of New Jersey
to administer oaths.
C.
The application for a license or renewal of a license
shall state:
(1)
The name, residence, date of birth, driver's license
number and post office address of the licensee.
(2)
The type of ownership entity. If the license is to
be held by a corporation or partnership, 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 street address of the premises where the device
is to be operated, used or maintained, the portion of the premises
where the device is to be operated, used or maintained and the owner
of record of said premises.
(4)
The machine or device licensed for operation and use
to which the license is to be affixed, including a description of
the machine, manufacturer and serial number.
(5)
The name, address, telephone number and mechanical
amusement device distributor license number of the distributor from
whom the applicant purchased, leases, rents or otherwise obtained
the machine.
(6)
A copy of the bill of sale for each machine disclosing
the holder of any security interest or, in the alternative, the lease/rental
agreement for said machine.
(7)
Any trade name to be used at the premises where the
machine is to be located. A copy of the applicable trade name certificate
shall be attached to the application.
(8)
If the applicant for the license is not the owner
of record for the premises at which the machine will be located, a
copy of the lease or rental agreement establishing the applicant's
right to use the premises for the period of the license must be provided.
(9)
The application shall contain a certification under
oath made by the applicant that the information contained in the application
and all attachments thereto is complete, accurate and truthful to
the best of his knowledge and belief.
(10)
The application shall request a social security number
from the licensee and designate said request optional.
D.
The license shall state:
(1)
The name and post office address and street address
of the licensee.
(2)
The street address and portion of the premises where
the device is to be operated, used or maintained.
(3)
A description and serial number of the machine or
device licensed for operation and use to which the license is to be
affixed.
[Amended 6-21-1983 by Ord. No. 83-052; 2-5-1985 by Ord. No. 85-001; 9-26-1989 by Ord. No. 89-047; 1-8-1991 by Ord. No. 91-002; 1-21-1992 by Ord. No.
92-003]
A.
The license fee for each mechanical amusement device
shall be $250 for each machine per year or any part thereof, payable
with the filing of the application. If the application is rejected
or withdrawn, half of the application fee shall be returned to the
applicant.
[Amended 11-25-2003 by Ord. No. 03-072; 11-9-2010 by Ord. No. 10-063; 10-9-2018 by Ord. No. 18-045]
B.
Each license shall expire on August 31 next following
the issuance of said license.
C.
In the event that any mechanical amusement device
licensed under this article is subsequently rendered ineligible for
a license as a result of amendment of this article, the license holder
shall, upon written notice to the Licensing Division, have the option
to substitute a different eligible machine for the expiration of the
license period at no additional charge or apply for a pro rata refund
from the Licensing Division for the unexpired period of the license.
No mechanical amusement device shall be placed,
operated, maintained or used until the license issued pursuant to
this article shall be affixed thereto in a conspicuous place, so that
the license shall be easily and quickly identified.[1]
[1]
Editor's Note: Former Sec. 4-7.1, Access to
machine, which immediately followed this section, was repealed 1-21-1992
by Ord. No. 92-003.
[Amended 9-26-1989 by Ord. No. 89-047]
A.
The licensee shall be permitted to transfer the license for a specific machine issued under this article, within the year for which it is issued, to any other like device operated in the same premises in place of the device from which the license is transferred. The licensee shall immediately notify the Licensing Division of such transfer, together with a description and serial number of the device now licensed, including all material or information required in § 117-6. No transfer of license shall be deemed complete unless all the information required is supplied.
B.
Transfers of a license from one place to another or from one owner to a new owner are subject to disclosure of all the information and material required in § 117-6, investigation as to possible disqualification under § 117-4 and approval by the Municipal Council of said transfer. The fee for said transfer shall be $25.[1]
[1]
Editor's Note: Former Sec. 4-9, Playing by
minors prohibited, which immediately followed this section, as amended
2-5-1985 by Ord. No. 85-001, was repealed 9-26-1989 by Ord. No. 89-047.
Also, former Sec. 4-10, Gambling and free prizes, which followed this
section, as amended 2-5-1985 by Ord. No. 85-001, 1-21-1992 by Ord.
No. 92-003 and 4-28-1992 by Ord. No. 92-018, was repealed 10-27-1992
by Ord. No. 92-057.
[Added 1-21-1992 by Ord. No. 92-003;
amended 4-28-1992 by Ord. No. 92-018]
A.
If a police officer of the Police Division or any law enforcement officer with the authority to act within this jurisdiction shall have probable cause to believe that a mechanical amusement device is prohibited pursuant to § 117-2 above, such device may be seized and removed from the premises by the Police Division or its authorized personnel or other law enforcement officer with the authority to act within this jurisdiction and impounded. The Chief of Police or his designee shall give written notice of the seizure to the distributor of said device as designated on the device or on the license application on file with the Division of Licensing for the device in question. Said notice shall be mailed by certified mail, return receipt requested, and regular mail to the distributor at the address designated on the machine or on file with the Division of Licensing within two days of seizure, excluding holidays and weekends; said notice to be complete on mailing. Said device shall not be released until proper ownership documents are presented and/or licensing fees, if such machine is eligible for licensing, are paid, together with a removal/storage charge of $250 per device seized. If possible, those removing the machine or device shall provide the person in charge of the licensed premises with a report to be filed with the Police Division, noting any obvious damage to the property.
B.
Any owner of a mechanical amusement device who wishes to appeal the seizure of a device pursuant to this section or the refusal to license said device pursuant to § 117-2 may appeal said decision to the Municipal Council. Said appeal must be filed, in writing, with the Municipal Clerk within 15 days of mailing of notice of seizure or the refusal to issue a license. The fee for said appeal shall be $25, and said fee must be paid in order to perfect the appeal. The Municipal Council will render a decision on said appeal within 60 days of perfection of the appeal. The filing of an appeal shall not delay or affect the owner's ability to retrieve any seized device upon compliance with the provisions of this section. This appeal shall not affect the right of any person to appeal any action taken under this section to New Jersey Superior Court or other court of competent jurisdiction.
C.
If no person names a claim for return of a machine/device
seized under this section within six months from the date of seizure,
said machine/device may be disposed of pursuant to N.J.S.A. 40A:14-157.
[Amended 2-5-1985 by Ord. No. 85-001]
A.
Every mechanical amusement device shall at all times
be in clear view upon the premises wherein it is located.
B.
No more than three mechanical amusement devices shall be licensed under this article for any licensed premises wherein such devices are to be operated, used or maintained: provided, however, that no more than one six-pocket pool-type coin-operated machine shall be licensed for any licensed premises wherein such machine is to be operated, used or maintained. The restrictions set forth in this section shall not apply where the premises, wherein the mechanical amusement devices are to be operated, used or maintained, is licensed as an amusement parlor pursuant to Article III, Amusement Parlors, of this chapter; provided, further, however, that the limitations provided herein shall not apply to any mechanical amusement device which heretofore was not subject to the requirements of § 117-3 and which mechanical amusement device was actually installed, operated, used or maintained prior to the effective day of the ordinance codified in this chapter.
[Amended 2-19-1985 by Ord. No. 85-011; 1-21-1992 by Ord. No.
92-003]
[Amended 11-3-1980 by Ord. No. 80-052; 2-5-1985 by Ord. No. 85-001]
A.
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 licensee permit, suffer or allow such person on
the licensed premises.
B.
No licensee shall permit, suffer or allow the unlawful
sale or consumption of alcoholic beverages upon the licensed premises.
D.
The licensee 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 licensee shall allow gambling, as defined by the
New Jersey Criminal Code, to take place on the licensed premises.
[Amended 10-27-1992 by Ord. No. 92-057]
F.
No mechanical 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.
G.
No licensed premises shall be without adequate sanitary
facilities or contain any fire, safety or health hazard.
[Amended 11-3-1980 by Ord. No. 80-052; 2-5-1985 by Ord. No. 85-001; 1-21-1992 by Ord. No. 92-003]
A.
In addition to any other penalties for any violation
of this article, the Council may, after notice and hearing and for
just cause, suspend, revoke or not renew any license issued hereunder
for:
(1)
Any crime.
(3)
A violation of the provisions of this article.
(4)
Failure to comply with the federal or state laws or
City ordinances pertaining to the operation of the licensed premises.
(5)
Failure to maintain the premises in accordance with
the provisions of this article.
(6)
Any cause which would have been cause for rejection
of the application in the first instance.
B.
Any person whose license has been revoked under the authority of the preceding Subsection A may, after the lapse of two years from the date of conviction, apply to the Council for an order removing the disqualification from obtaining or holding a license under this article.
C.
Whenever any such application described in Subsection B of this section is made and it appears to the satisfaction of the Council that at least two years have lapsed from the date of the last conviction, the applicant has conducted himself in a law-abiding manner during that period and the granting of a license for the operation of mechanical amusement device will not be contrary to the public interest, the Council may enter an order removing the applicant's disqualification from obtaining or holding a license under this article because of the conviction. On and after the date of the entry of such order, the person therein named shall be qualified to obtain and hold a license under this article, notwithstanding the conviction therein referred to, provided that he or she is, in all other respects, qualified under this article.
D.
During the period of which the license is suspended as provided in Subsection A hereof, no license under this article shall be issued to any person to operate, maintain or use any mechanical amusement device in any premises or location wherein the violation giving rise to the suspension has occurred. The provision of this subsection shall apply regardless of any transfer of ownership.
E.
The Police Division shall make periodic inspections
of all mechanical amusement devices licensed under this article to
ensure that the licensee is in compliance with all the terms and conditions
of his license.
[Amended 9-26-1989 by Ord. No. 89-047]
Any person who violates any provision of this
article shall, upon conviction thereof, be punished by a fine not
exceeding $1,000 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.
