[HISTORY: Adopted by the Board of Commissioners (now Borough Council) of the Borough of Beach Haven 8-9-1971 as Ch. 34 of the 1971 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Poolrooms and billiard parlors — See Ch. 148.
It is hereby determined, declared and found that this municipality constitutes a seashore resort with parts thereof customarily constituting an amusement or entertainment area according to the customary understanding of said terms in the community and which parts thereof, existing as nonconforming uses under the Zoning Ordinance of the Borough[1] (Ord. No. 67-2[2]), are more particularly described as follows:
A. 
Area 1: beginning at the intersection of the southerly side of Engleside Avenue and the westerly side of Bay Avenue and extending eastwardly along the southerly side of Engleside Avenue 80 feet to a point, and extending of that width southerly between parallel lines at right angles to Engleside Avenue to a depth of 160.4 feet.
B. 
Area 2: all that area bounded on the north by Eighth Street, on the south by Seventh Street, on the west by Delaware Avenue and on the east by Bay Avenue, being Lots 1, 2, 9 and 21 in Block 185 on the Borough Tax Map.
[Amended 12-26-1984 by Ord. No. 84-29]
[1]
Editor's Note: See Ch. 212, Zoning.
[2]
Editor's Note: See now Ord. No. 79-7, adopted 7-9-1979.
[Amended 9-13-2010 by Ord. No. 2010-20]
It shall be unlawful for any person, firm or corporation to own or operate within this municipality any amusement game or games as said terms are defined by the Amusement Games Licensing Law (P.L. 1959, c. 109, as amended and supplemented),[1] whether said game or games are of skill or chance, or both, and whether said game or games are played and operated with or without numbers or figures, without first having obtained a license from the Council of the Borough of Beach Haven so to do. Said license shall be issued pursuant to and subject to the provisions of the Amusement Games Licensing Law (P.L. 1959, c. 109, as amended and supplemented).
[1]
Editor's Note: See N.J.S.A. 5:8-100 et seq.
Each applicant for such a license shall file with the Municipal Clerk a written application in such form as prescribed by and in accordance with said Amusement Games Licensing Law, as amended and supplemented, and the rules and regulations promulgated by the Amusement Games Control Commissioner of the State of New Jersey.
The annual fees for each type of license to be issued hereunder shall be as follows, and said fee shall accompany the application for the license:
A. 
Games permitted under Category and Certification No. 2, as listed in Regulation No. 7 promulgated by the office of Amusement Games Control of the New Jersey Department of Law and Public Safety, April 11, 1966.
(1) 
Arcade games (first 50 units or any lesser number thereof): $300.
[Amended 5-11-2015 by Ord. No. 2015-20C]
(a) 
Additional units, each: $20.
B. 
Games permitted under Category and Certification No. 3, as listed in said Regulation No. 7.
(1) 
Nondraw raffle games.
(a) 
Fish pond game: $100.
C. 
Games permitted under Category and Certification No. 4, as listed in said Regulation No. 7.
(1) 
Competitive games.
(a) 
Shilo game: $100.
(2) 
The licensees holding licenses under Category and Certification No. 4 shall not be permitted to engage in or conduct any free game periods whatsoever. The serving or distribution of free food and/or beverages, hot or cold, shall be prohibited.
D. 
Games permitted under Category and Certification No. 5, as listed in said Regulation No. 7.
(1) 
Games of chance.
(a) 
Wheels stop and go (first 15 feet): $100.
[1] 
Each additional 15 feet or fraction thereof: $10.
E. 
Any game not specifically mentioned in this chapter but permissible under P.L. 1959, Chapter 108: $100.
[Amended 9-13-2010 by Ord. No. 2010-20]
The Council of the Borough of Beach Haven shall have and exercise control over all amusement games held, operated or conducted under such license, with all the powers authorized or granted to it under the Amusement Games Licensing Law and all amendments and supplements thereto and the rules and regulations of the State Amusement Games Control Commissioner.
In the event that any licensee shall violate any of the provisions of this chapter or the Amusement Games Licensing Law or the rules and regulations promulgated by the State Amusement Games Control Commissioner or the terms of such license, such licensee shall be a disorderly person and, if convicted as such, shall, in addition to suffering any other penalties which may be imposed, forfeit any license issued to said licensee under this chapter.[1]
[1]
Editor's Note: Former § 34-7, Violations and penalties, which immediately followed this section, was repealed 5-26-1981 by Ord. No. 81-6. For current provisions, see § 1-15, General penalty provisions, of this Code.
[Added 6-27-1983 by Ord. No. 83-13]
It shall be unlawful to install, maintain, operate or permit to be installed, maintained or operated any video amusement device in any commercial or business establishment in the Borough of Beach Haven without first having secured a license therefor pursuant to § 48-8 of this chapter.
[Added 6-27-1983 by Ord. No. 83-13]
Video amusement devices may be licensed only in accordance with the following standards:
A. 
In any commercial or business establishment permitted by the zoning laws of the Borough of Beach Haven to operate as an amusement arcade and licensed as such, video amusement devices shall be permitted to be installed without limitation as to number, provided only that the installation shall conform to fire and safety standards in order that the operating premises shall provide adequate means of egress in the event of fire or other emergency.
B. 
In any commercial or business establishment not licensed as an amusement arcade, one video amusement device shall be permitted where the business or commercial establishment is 500 square feet or less in size. An additional amusement device shall be permitted for every additional 250 square feet of floor area opened to the public in excess of 500 square feet; provided, however, that in no event shall any commercial establishment, other than those licensed as amusement arcades, be permitted more than three video amusement devices.
C. 
The square footage requirements hereinabove set forth shall be calculated considering only that area of the commercial or business establishment specifically used for commercial purposes and open to the public. The phrase "open to the public" shall mean floor area to which the public has free and unobstructed access of travel.
[Added 6-27-1983 by Ord. No. 83-13; amended 5-14-1984 by Ord. No. 84-14]
A. 
In all establishments not licensed as amusement arcades, the license fee for each video amusement device shall be $100.
B. 
In any commercial or business establishment permitted by the zoning laws of the Borough of Beach Haven to operate as an amusement arcade and licensed as such, the license fee for each video amusement device shall be $50 for each of the first three games and $10 for each game thereafter.
[Amended 5-11-2015 by Ord. No. 2015-20C; 10-10-2017 by Ord. No. 2017-21C]