[Added 12-10-1981]
As used in this article, the following terms shall have the meanings indicated:
AUTOMATIC AMUSEMENT DEVICE
Any machine which, upon the insertion of a coin, slug, token, plate or disk, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score, including but not limited to such devices as marble machines, pinball machines, skill ball, mechanical grab machines and all games, operations or transactions similar thereto under whatever name they may be indicated. It shall include video-type games or machines or similar devices that use a display screen for points, lines and dots of light that can be manipulated to simulate games or other types of entertainment. It shall not include, nor shall this article apply to, music-playing devices.
DISTRIBUTOR
Any person who supplies any automatic amusement device to another for use in his place of business, whether under lease or any similar arrangement.
OPERATOR
Any person in whose place of business any automatic amusement device is placed or kept for operation by the public.
PERSON
Any person, firm, corporation, partnership or association.
A. 
License required. No person shall maintain, operate or possess in any club or organization where meetings are held within the Borough of Upper Saddle River any automatic amusement device without first obtaining a license therefor.
B. 
Exceptions. Any persons who own or lease automatic amusement games covered by this article and who are nonprofit, charitable or religious organizations are exempted from the fee and payment requirements of obtaining a license or licenses upon said amusement games, but such organizations shall remain subject to all other provisions of this article.
C. 
The purpose of this article is to license, regulate and control those automatic amusement devices which are operated in a commercial venture for the purpose of making a profit.
A. 
All applications for a license under this article shall be made and delivered to the Borough Clerk in duplicate on forms to be supplied for the purpose and shall be subscribed and sworn to by the applicant.
B. 
The application for the license shall contain the following:
(1) 
Name and address of the applicant.
(2) 
Name under which the place of business is being operated and the location of the same.
(3) 
Number and type of alcoholic beverage licenses, where applicable.
(4) 
Number and type of machines sought to be licensed.
(5) 
Location where each automatic amusement game is to be located.
(6) 
Name and address of the person from whom each device is to be purchased, rented or otherwise obtained.
(7) 
Description of each automatic amusement game sought to be licensed, including for each device the name of the manufacturer, model number and serial number.
(8) 
Terms of agreement governing the acquisition and installation of said automatic amusement game.
(9) 
Information indicating whether the distributor, the applicant or any person connected with the operation of the place of business wherein the game or device is to be installed has ever been convicted of any crime or found guilty of the violation of any ordinance pertaining to gambling or gaming.
(10) 
Any other information which the Mayor and Council may deem reasonably necessary and proper for the full protection of the interest of the public in the application.
C. 
The Mayor and Council may request of an applicant additional information supplementing the information given in the application.
A. 
The fee for all applicants for licenses pursuant to this article shall be $25, in addition to all licensing or transfer fees.
B. 
The fee for a license to operate an automatic amusement device shall be $125 for each device, per year. The renewal fee shall be $25 per machine, per year.
[Amended 5-8-1986 by Ord. No. 8-86]
A. 
All licenses issued under this article shall be for a term of one year, commencing on January 1 and expiring on December 31 of the year of issuance.
B. 
A license may be transferred from one machine to another by giving notice to the Borough Clerk to that effect and giving a description of the new machine, including manufacturer, model number and serial number. A license may be transferred from one place to another by giving notice to the Borough Clerk to that effect and supplying the required information as to the new premises. There shall be a fee for all transfers from one place to another in the amount of $25 per place or transfer.
C. 
A license shall be renewed by submission to the Borough Clerk, no later than November 1, on an application therefor, pursuant to §§ 76-51 and 76-53 of this article.
No person shall, in his place of business, permit gambling in connection with the playing of any mechanical amusement game.
The Chief of Police or his designee may make an investigation of the premises and the applicant to determine the truth of the facts set forth in the application. The Fire Chief may inspect the premises to determine whether said premises comply with existing fire regulations of the Borough. The Chief of Police and the Fire Chief may, upon completion of their inspection, attach to said application their reports therein in writing. Upon receipt of said application and inspection reports, if any, the Mayor and Council shall proceed to consider the same and shall either approve or disapprove the issuance of the license to said applicant. If the application is approved, the Mayor and Council shall authorize the Borough Clerk to issue the necessary license upon the receipt of the license fee or fees as herein provided.
A. 
Revocation of license. Any time after the granting of said license, the Mayor and Council may, in the reasonable exercise of its discretion, revoke the same.
B. 
Posting and display. An operator's license granted pursuant to this article shall:
(1) 
Be posted in a conspicuous place at the location for which said license was granted.
(2) 
State the name and address of the licensee.
(3) 
State the manufacturer, model number and serial number for each and every mechanical amusement game for which said license was issued.
C. 
Location. No games subject to this article may be operated within 200 feet of a school or house of worship or any premises which are not permitted to be used for business.
[Amended 5-8-1986 by Ord. No. 8-86; 9-8-1988 by Ord. No. 16-88]
For violation of any provision of this chapter, the maximum fine shall be in accordance with § 1-15 of this Code. Each day that a violation shall continue shall constitute a separate offense.