[HISTORY: Adopted by the Mayor and Council of the Borough of Andover 3-11-1940;
amended in its entirety 5-10-1982. Sections 36-3, 36-4,
36-7G and 36-8A amended at time of adoption of Code; see Ch. 1, General Provisions,
Art. I. Other amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any automatic, mechanical or electronic amusement device, game or
device of skill or entertainment, such as pinball machines, electronic games,
bowling machines, mechanical game machines, skeeball machines, pokerino machines,
bucking machines or mechanical bulls, and commercial pool tables, which is
or are operated or set in motion by the deposit therein of any coin or coins,
tokens or slugs or the like thereof, purchased for cash, and including electronic
video-type games or machines or similar devices that use a display screen
for points, lines or dots of light that can be manipulated to simulate games
or other types of entertainment. Excluded from this definition are music vending
machines commonly known as "jukeboxes."
Any natural person, partnership, firm, association, corporation or
any other business entity which owns or controls premises or a location within
the Borough of Andover in which any device is displayed or kept for use of
play.
Any natural person, partnership, firm, association, corporation or
other business entity.
No operator shall operate such device unless a license is first obtained
by the borough. A separate license for each device shall be obtained. Applications
shall be made on form supplied by the Borough Clerk.
Any organizations which own or lease devices as defined in this chapter
and which are nonprofit, charitable or religious organizations are exempted
from the fees or payment requisites for obtaining a license or upon said amusement
games, but such organizations, associations and corporations shall not maintain,
place or install more than two devices in or about any single premises or
location.
The license fee for each device licensed will be as set forth in Chapter 66, Fees, and said license shall run from July 1 to July 1.
If any device required to be licensed under this chapter is utilized
for any illegal purposes, the same may be seized, impounded or destroyed if
the licensee shall plead or be found guilty in connection with any criminal
charge relating to the illegal use of such machine.
A.
Application information. In addition to the requirements
set forth, said application shall state the following:
(1)
The type of alcoholic beverages sold, if applicable.
(2)
The number and type of devices sought to be licensed.
(3)
The name and address of the person from whom each such
device is to be purchased, rented or otherwise obtained.
(4)
A description of each device to be licensed, including
for each device the name of the manufacturer, model number and serial number.
(5)
Copies of agreements governing the acquisition and installation
of said devices, if leased, or documents of title, if owned.
(6)
Information indicating whether the distributor, the applicant
or any person connected with the operation of the place of business wherein
the device is to be installed has ever been convicted of any crime or convicted
of the violation of any statute, ordinance or regulation pertaining to gambling
or gaming in any jurisdiction, the nature of the offense and the punishment
or penalty imposed.
(7)
Certification that the applicant is over 18 years of
age.
(8)
Any other information which the Borough Council may deem
necessary and proper for the full protection of the interests of the public
in the application.
B.
Processing of application.
(1)
Upon receipt of an application for the license under
this section, the Borough Clerk shall direct an investigation into the nature
of the device(s) to be licensed and the location at which such device is to
be used.
(2)
Upon receipt of an application for the license under
this section, the Fire Subcode Official shall inspect the premises wherein
devices shall be located to determine whether said premises comply with existing
fire regulations of the borough.
(3)
The Borough Constable and the Borough Fire Chief shall
inform the Borough Clerk in writing within a reasonable time of the date of
application of their investigation and inspection.
(4)
The Borough Clerk shall have the power to issue licenses,
or not issue licenses, if such application is deemed not consonant with this
chapter, and an application shall also be denied when it is determined that
the installation of a device at a particular location violates this chapter
or any statute, ordinance or regulation.
(5)
Upon the Borough Clerk denying any application, the unsuccessful
applicant shall have the right to appeal such denial to the Borough Council.
(6)
No license shall be issued to any person who shall have
been convicted in any jurisdiction of an offense which under the laws of New
Jersey is denominated a crime.
C.
Amendment of application.
(1)
In the event that, during the course of any calendar
year, an operator desires to replace a licensed device with an unlicensed
device, he may do so, by filing an amended application with the Clerk which
clearly specifies and identifies the replaced device and the new device.
A.
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.
B.
The licensee shall not permit, suffer or allow any person
to bid or gamble in any form or manner on the licensed premises and shall
prevent any immoral or illegal conduct from occurring.
C.
No licensed premises shall be without adequate sanitary
facilities or contain any fire, safety or health hazards.
D.
Every device shall at all times be in clear view upon
the premises wherein it is located.
E.
No licensee shall refuse to cooperate fully with the
Police Department and Fire Department, nor shall any licensee refuse access
to his premises to the Police or Fire Department or Department of Health at
any time during normal business hours or at any other reasonable hour.
F.
No devices subject to this chapter may be operated within
500 feet of a school or house of worship.
G.
No premises shall be issued licenses for a device unless
such premises are located in the C-1 Zone as referenced in the Borough of
Andover Zoning Code and are permitted uses thereunder.[1]
H.
No more than one automatic amusement device shall be
licensed under this chapter for each 125 square feet of floor area, with a
maximum of 15 such devices, in any location wherein such devices are to be
operated, used or maintained.
A.
B.
The application of the above penalty shall
not be held to prevent any proceeding for the suspension or revocation of
licenses.
