[HISTORY: Adopted by the City Council of
the City of Passaic 11-8-1989 by Ord. No. 1086-89.[1] Amendments noted where applicable.]
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, music devices which emit songs, music or similar
amusement and shall also mean jukeboxes, pool or billiard tables and
bowling alleys.
N.J.S.A. 5:8-78 through N.J.S.A. 5:8-130 and N.J.A.C. 13:3-1.1
through N.J.A.C. 13:3-6.6, including any amendments thereto duly enacted
subsequent to the effective date of this chapter.
[Added 10-16-2018 by Ord. No.
2178-18]
Any person who supplies, offers or exhibits for sale, leases,
sells or distributes automatic amusement devices to any other person.
Any individual, firm, corporation, partnership, association
or entity.
Any building, business, store, restaurant, tavern or other
place to which the public is invited or may enter.
Any person who owns, leases, rents or operates any premises
on or at which any automatic amusement device is kept, placed or exhibited
for use or operation by the public.
A.
No person shall supply, offer or exhibit for sale,
lease, sell or distribute any automatic amusement device in the City
of Passaic without first obtaining a distributor's license, pursuant
to this chapter and the provisions of the Amusement Games Licensing
Law.
[Amended 10-16-2018 by Ord. No.
2178-18]
B.
The application for said license shall be made in
duplicate and shall contain the following information:
(1)
The name, date and place of birth, home address and
business address, home telephone number and business address and telephone
number of the applicant, and each of its stockholders, officers and
directors holding in excess of 10% of its stock.
(2)
The name and address of the registered agent of the
applicant or person upon whom service of process is authorized to
be made.
(3)
The name, date and place of birth, home address and
home telephone number of the manager or other authorized agent of
the applicant who shall be in charge of or conduct the business of
the applicant within the City of Passaic.
(4)
If the applicant is a corporation, there shall be
included a corporate resolution in proper form authorizing the execution
of the license application on behalf of the corporation.
(5)
The application shall contain a certification under
oath, made by the applicant or its authorized representative that
the information contained in the application and all attachments thereto
is complete, accurate and truthful to the best of his knowledge and
belief.
C.
The City Clerk shall promptly forward a copy of the
application and accompanying materials to whatever Department or Divisions
in the City of Passaic have jurisdiction to inspect and comment upon
the application, including but not limited to the Police Department,
the Fire Department, the Department of Human Resources, the Division
of Code Enforcement, the Department of Health and the Department of
Law.
[Amended 2-1-1990 by Ord. No. 1091-90]
D.
The City Clerk shall ensure that the license application and all attachments thereto are complete and those persons whose names are required to be disclosed on the application are in fact disclosed thereon. If the application and all attachments thereto are complete, and if no objections are received from any of the Departments and/or Divisions to whom the application and attachments are forwarded for investigation and/or comment, the City Clerk shall grant the license. If the license application and all attachments are incomplete and/or if any objections or adverse reports are received concerning the application from any of the Departments and/or Divisions to whom the application and attachments are forwarded for investigation and/or comment, the City Clerk shall refer the matter to the City Council of the City of Passaic for a hearing, and the City Council shall decide whether or not the applicant is entitled to receive a license, after notice and an opportunity to be heard have been granted to the applicant. The applicant shall be given at least 10 days' notice of said hearing, and at the hearing the applicant may submit relevant information on his/her behalf. The rules of evidence shall not apply at such hearing, but all interested parties shall have the opportunity to present his/her side of the case and to be represented by counsel. The procedure for the hearing shall be as set forth in § 79-15F of this chapter. In making a decision on the issuance of a license, the City Council shall make a decision based upon the health, safety, morals and general welfare of the City of Passaic.
[Amended 2-1-1990 by Ord. No. 1091-90]
E.
It shall be a violation of law to possess and/or store
any coin-operated, money-operated, remote control operated and/or
thing of value gambling device, such as but not limited to Joker Poker,
dice, keno, horse racing, roulette, playing cards, lotto or lottery-type
amusement devices or any other such type or machine, readily capable
of being converted by the internal technology of the coin-operated
machine to any gambling device within the category above. The machine(s)
in question need not be operational for a violation of this subsection
to occur.
[Amended 11-7-1990 by Ord. No. 1115-90]
A.
No person shall keep, place or exhibit any automatic amusement device
for use or operation by the public on or at any premises in the City
of Passaic without first obtaining a proprietor's license for
such premises, pursuant to this chapter and the provisions of the
Amusement Games Licensing Law.
[Amended 10-16-2018 by Ord. No.
2178-18]
B.
The application shall contain the following information:
the name, date and place of birth, home address and business address,
home telephone number and business telephone number of the applicant.
(1)
The name and address of the registered agent of the
applicant or person upon whom service of process is authorized to
be made.
(2)
The type, manufacturer and serial number of each device.
(3)
The name and number of the distributor of each amusement
or entertainment machine or device sought to be operated.
(4)
The applicant shall submit a copy of a valid certificate
of occupancy for the premises with the completed application for a
new or renewal license and/or permit.
[Amended 1-9-1997 by Ord. No. 1392-96]
C.
The City Clerk shall promptly forward a copy of the
application and accompanying materials to the Director of the Police
Department and the Fire Department for investigation, review and report.
Such reports shall be sent to the City Clerk, who, in accordance with
the standards and requirements set forth herein, may grant the license
or refuse the license. If the license is granted, the City Clerk shall
forthwith issue the license upon payment of the licensing fee.
D.
The person operating the premises where the machine
is located shall be liable and responsible for the proper operation
thereof, regardless of whether or not he/she is the actual owner of
the machine or has rented the same, but this shall not in anyway release
the actual owner of the machine or device from liability or responsibility
for violation of this article or any ordinance of the City of Passaic.
E.
A proprietor's license shall not be transferred or
assigned. Specifically, but not by way of limitation, a proprietor's
license shall not run with the premises, nor shall sale of the premises
effectuate a transfer of the license.
A.
The proprietor shall not permit, suffer or allow any
person to bet or gamble in any form or manner on the licensed premises
and shall prevent any immoral or illegal conduct or activity from
occurring.
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 proprietor permit, suffer or allow any such person
on the licensed premises.
C.
No proprietor shall permit, suffer or allow the unlawful
sale or consumption of alcoholic beverages upon the licensed premises.
D.
No proprietor shall permit the operation of any amusement
or entertainment machine or device during the hours when the taverns
in the City of Passaic are closed or between 3:00 a.m. and 9:00 a.m.
E.
The proprietor 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.
F.
No device shall be operated in such a manner as to
be heard outside.
G.
No song shall be played or words spoken on any device
which violates the Obscenity Law of New Jersey.
H.
No device shall be permitted to cause any unnecessary
or unwanted noise or commotion nor otherwise interfere with the public
health, welfare and morals.
I.
No proprietor shall offer or permit to be offered
any prize or other award to any person playing any device.
J.
No 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.
K.
No licensed premises shall be without adequate sanitary
facilities nor contain any fire, safety or health hazard.
L.
No licensee nor any of his agents, officers or servants
shall, by threats, premises 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 Passaic, and
any such threats, premises or intimidation shall be reported immediately
to the Police Department and to the License Inspector.
M.
No license 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.
N.
Each licensee, distributor and/or proprietor 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.
O.
No licensee shall refuse to cooperate fully with the
City Clerk or any law enforcement officer or agency, nor shall any
such 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 and/or operator shall refuse access
to its premises to the City Clerk nor to any member of the Departments
of Police, Fire, Health or Housing nor to any law enforcement officer
or agency.
[Amended 8-1-1991 by Ord. No. 1144-91]
The following annual licensing fees shall be
paid to the City of Passaic:
A.
A distributor's license fee shall be as follows:
(1)
A fee of $250 for one to nine machines per year.
(2)
A fee of $350 for 10 to 19 machines per year.
(3)
A fee of $450 for 20 to 29 machines per year.
(4)
A fee of $550 for 30 to 39 machines per year.
(5)
A fee of $650 for 40 to 49 machines per year.
(6)
A fee of $750 for 50 or more machines per year.
B.
A proprietor's license fee shall be $250 per year.
C.
A fee of $35 per machine for one to four machines
or devices annually or for any part of that annual period which shall
commence January 1 and conclude December 31 of the calendar year.
D.
A fee of $25 per jukebox annually or for any part
of that annual period which shall commence January 1 and conclude
December 31 of the calendar year.
E.
A fee of $15 for each transfer of a license from one
machine or device to another similar device.
A.
Each license, when issued, shall designate the number,
type and serial number of machines or devices operated hereunder.
B.
Each such license shall bear a number, and the number
of that license shall be placed in some permanent way upon each machine
or device operated or distributed under this chapter.
C.
All license fees shall be paid to the City of Passaic
prior to the issuance of the license, and all licenses shall expire
on December 31 next succeeding the date of issuance.
A.
Each license issued shall be posted prominently and
conspicuously in the licensed premises.
B.
Any such license may be amended to evidence the transfer
from one machine or device to another similar device, upon application
to the City Clerk, giving a description by type, manufacturer and
serial number of such other machine or device.
C.
A license shall not be transferable from person to
person or place to place. The license shall be valid only for the
licensee at the place designated on the license.
Every license issued hereunder 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 a panel of three persons, who shall hold a hearing in the manner and in the fashion and on the terms described in §§ 79-8 and 79-9 hereof. The panel shall consist of the Business Administrator, the City Clerk and a distributor or proprietor of video games to be appointed by the Mayor. In the event that one of the three persons set forth above is unavailable, the Business Administrator shall designate a department head or distributor or proprietor to act in place of the absent member(s).
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 relevant information on his behalf.
The rules of evidence shall not apply to such hearing, but each part
shall have the opportunity to present his/her side of the case and
to be represented by counsel. Any appeal from the decision of said
panel shall be to the Superior Court of New Jersey.
A.
If a police officer of the Police Department shall
have probable cause to believe that any such machine or device is
used for gambling, such machine or device may be seized and removed
from the premises by the Police Department or its authorized personnel
and impounded and may be considered as contraband by law. Said machine
or device shall not be released until proper ownership and/or licensing
fees are paid and properly presented, together with a removal/storage
charge of $250 per machine or device seized. If possible, those removing
the machine or device shall provide the person in charge with a report
to be filed with the Police Department, noting any obvious damage
to the property. Thereafter, any person aggrieved thereby may demand
a hearing, in writing, directed to the City Clerk.
[Amended 8-1-1991 by Ord. No. 1144-91]
B.
If no person claims the machine or device within 120
days from the date of seizure, said machine or device may be destroyed
or otherwise disposed of in accordance with state statute or local
ordinance.
C.
After such 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 panel constituted as set in § 79-8 hereof finds that the seizure was justified under the provisions of this chapter, the procedure set forth in § 79-9 shall be followed and continue to be followed. In the event that said panel finds that the seizure was unjustified, the machines and/or devices shall be returned to the person from whom they were seized forthwith, but such person shall have no further remedy against the City of Passaic.
The provisions of this chapter requiring a proprietors
license shall not apply to any church, fraternal or veterans organization,
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.
A.
Hours of operation. Amusement devices shall not be
operated after 3:00 a.m. and before 7:00 a.m.
B.
Any and all coin operated machines in excess of three
in any one establishment may not be located within 500 feet of the
front door of any nearby public school, private school or house of
worship. This distance shall be measured as one walks from the front
door of the establishment which has the coin operated machines to
the front door of the nearby building. It is the function of this
restriction to eliminate the potential of establishments having three
or more coin-operated machines for amusement within approximate distance
of public schools, private schools and houses of worship to remove
any potential enticement to school students to in any way avoid obligations
at the schools or houses of worship while at the same time playing
and participating in use of coin-operated machines nearby within the
school distances.
[Amended 12-14-2000 by Ord. No. 1502-00]
The owner of any premises in which a license
for one or more amusement devices or machines is required shall be
required to keep on file each application for a license for amusement
and/or entertainment machines or devices. Such information shall be
kept on file in an orderly fashion in a location known to all owners
of said premises and personnel who are employed in said premises.
Upon request by any law enforcement official of the City of Passaic,
any owner of said premises or any employee at said premises shall
furnish such information to said law enforcement official.
[Amended 10-16-2018 by Ord. No. 2178-18]
Every person seeking licensure hereunder shall
comply with all state statutes, including, but not limited to, the
provisions of the Amusement Games Licensing Law, municipal ordinances
and regulations, Building and Fire Code regulations and Zoning Code
requirements, as well as 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 transact the business
of distributing occurs or continues. Upon conviction, no licensee
shall thereafter transact the business of distributing or operating
within the City of Passaic.
Amusement device arcades shall be subject to
the following regulations, which shall be in addition to any other
regulations imposed by this chapter:
A.
It is the policy of the City of Passaic to limit arcades
throughout the municipality to a total number of locations of 10.
Nothing in this provision shall be construed to impair or diminish
the rights of any existing arcade subject to its obligations to comply
with the terms of this chapter in general and these provisions where
applicable.
B.
An "arcade," within the meaning of this provision,
shall be construed to be in any location which has more than four
machines in any one given location.
C.
No future arcades will be allowed within 500 feet
of the building line of any existing school or house of worship within
the municipality.
D.
Prior to consideration for the allowance of an arcade
the applicant must present to the City Clerk for investigation by
the various departments of the city, Code Enforcement, Fire Prevention,
Police and Fire, a scheme or plan setting forth and showing precisely
what provisions are made for off-street parking, and compliance in
general with any and all zoning ordinances and regulations. The Code
Enforcement, Zoning Officer, Fire Prevention and Police and Fire Departments
shall respectively investigate such premises and facilities to assure
itself that the proposed compliance with off-street parking, and the
other provisions of the zoning and planning regulations, as well as
any other police and fire regulations are in compliance.
E.
The annual licensing fee for an arcade license shall
be $250, plus $35 per amusement device.
[Amended 2-1-1990 by Ord. No. 1091-90; 8-1-1991 by Ord. No. 1144-91]
F.
In the event that there shall be a finding by any of the above agencies that the same is not in compliance, the aggrieved applicant shall be allowed a hearing before the City Council or a designated group called a "hearing panel" consisting of members less than the full Council in the event that they are aggrieved by a determination involving an application under §§ 79-2, 79-3 or 79-4. The right to a hearing shall be allowed if the aggrieved applicant, within 10 days of the receipt of notification of any denial to such applicant under any of the provisions stated above, shall notify the City Clerk of their request and demand for a hearing.
(1)
Within 30 days from the time of such request or as
convenient to the parties in the event that circumstances prevent
such a hearing, the City Clerk shall notify all parties and set and
fix a date for a hearing concerning the matter as a result of which
the matter can be heard for a final determination.
(2)
The aggrieved applicant shall be required to furnish
a statement of reasons why it feels aggrieved concerning the denial
of the application.
(3)
The person aggrieved shall have the right, upon written
request, within 15 days to receive from the City Clerk any and all
police reports, investigation reports or other circumstances which
form the basis for the denial for the license in the first place.
(4)
At the hearing, both parties will be permitted to
present evidence. The aggrieved person presenting their evidence first,
and the agency denying the license shall present its evidence, whereupon
the matter will be decided by the City Council or the board being
given direct authority to hear and determine such issues.
(5)
If the determination is by a board hearing the matter,
the aggrieved shall have the right to have the City Council review
such determination.
G.
Any and all existing arcades, as well as any and all
future arcades to be licensed under this provision, shall, as a precondition
to securing a right of license to operate an arcade, make adequate
provision to assure the presence of internal security within the premises
to assure and allow compliance in full with any and all of the ordinances
for the City of Passaic as well as observance of any and all of the
laws of the State of New Jersey.
