[Added 12-10-1981]
As used in this article, the following terms
shall have the meanings indicated:
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.
Any person who supplies any automatic amusement device to
another for use in his place of business, whether under lease or any
similar arrangement.
Any person in whose place of business any automatic amusement
device is placed or kept for operation by the public.
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.
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:
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.
