[HISTORY: Adopted by the Borough Council of the Borough of Mountain
Lakes by Ord. Nos. 13-82 and 14-82. Amendments noted where applicable.]
The Borough Council of the Borough of Mountain Lakes has found and determined
that it is in the best interests of the Borough, in order to further the legislative
purpose of good order and protection of the health, safety and welfare of
the Borough and its inhabitants, to provide for the regulation of amusement
devices in the Borough.
As used in this chapter, the following terms shall have the meanings
indicated:
Any machine, whether operated mechanically, electrically or by other
means, regardless of whether or not it registers scores or tallies, which,
upon the insertion of a coin, slug, token, plate, disc or key, may be operated
as a game or for entertainment or amusement. Examples of mechanical amusement
devices include pinball machines, electronic target games, video games, skee-ball
and mechanical grab machines. The preceding list is intended to be illustrative
only, and the term "amusement device" shall include all games, machines or
devices of a similar nature, regardless of what names are given to them.
Any person, firm, corporation, partnership, association or club who
or which, as the owner, lessee or operator, has under his or its control any
establishment, place or premises in or at which an amusement device or devices
are placed or kept for use or play.
No person shall install, maintain, operate or possess in any place within
the Borough where the public is invited any amusement device without having
first obtained a license therefor, as required by this chapter.
The proprietor of the premises where a device subject to the provisions
of this chapter is to be installed shall make written application for a license,
on such forms as the Borough Clerk shall prescribe, for each device to be
installed on the premises. Such application shall state the following:
The application for a license required by this section shall be accompanied
by a license fee as set forth in § 111-3A for each device to be
licensed.
Licenses issued in accordance with the provisions of this chapter shall
expire on the last day of December of each year and shall be renewed annually
on or before the last day of December by filing a written application for
renewal with the Borough Clerk. The application for renewal shall contain
the same information required for an original application.
Each license issued in accordance with the provisions of this chapter
shall contain the serial number and description of the device licensed and
shall identify the premises in which it is located. Such license shall be
firmly attached in a conspicuous place on the device so that it shall be easily
and quickly readable and the device identified. No such device shall be placed,
operated, maintained or used in the premises until the requirements of this
chapter have been complied with.
No license shall be transferable from one amusement device to another,
or from place to place. It shall be valid only at the place and for the device
designated on the license.
It shall be unlawful for a proprietor to place or keep, or allow to
be placed or kept, any amusement device for use on the premises of which he
is proprietor, except in conformity with the following regulations:
A.
No more than one amusement device per each 60 square
feet of otherwise unoccupied floor area shall be placed or kept for use on
the premises.
B.
No amusement device or devices shall be used of any such
type or in any such number, manner or concentration so as to be audible beyond
the walls of the premises wherein located.
C.
No amusement device shall be operated before 9:00 a.m.
or after 9:00 p.m. on any day, except that any device located on premises
duly licensed for plenary retail consumption of alcoholic beverages may be
operated during the legal hours of business under such license.
D.
A paid employee of the proprietor shall be on the premises
and in the vicinity of an amusement device at all times while such device
is in use.
Nothing in this chapter shall be construed to permit location or operation
of amusement devices in contravention of any other applicable laws or codes,
such as, but not limited to, fire codes, gambling laws, zoning regulations,
nuisance laws, etc. The regulations in this chapter shall be in addition to,
and not instead of, any and all other applicable laws.
All licenses issued under this chapter shall be deemed to be granted
upon the express condition that, in addition to any other sanction or penalty,
the Borough Manager may:
A.
After due notice by personal service or registered or
certified mail and after due hearing, suspend or revoke the license of any
person for violating any provision of this chapter.
B.
Suspend temporarily, pending a hearing or notice thereof,
any such license when deemed by the Borough Manager to be immediately necessary
to prevent emergent danger to the public welfare, good or morals. Any such
temporary suspension without notice shall be for a period of not longer than
10 days.
