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 (Ord. No. 67-2), 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]
[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), 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).
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.
C. Games permitted under Category and Certification No.
4, as listed in said Regulation No. 7.
(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.
[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]