[Adopted 3-6-1990 by Ord. No. 2077]
As used in this article the following terms shall have the meanings indicated:
COIN-OPERATED AMUSEMENT DEVICE
Any automatic, mechanical or electronic amusement, game, or device of skill or entertainment, which is operated or set in motion by the deposit therein of any coin, token or the like thereof, purchased for cash. Excluded from this definition are music vending machines commonly known as "juke boxes."
No person, firm, or corporation shall install, place, maintain, operate or possess in any store, place of business, building, public place or quasi-public place wherein the public is invited or may enter any coin-operated amusement device within the limits of the Borough of Bergenfield without first applying for and obtaining a license covering each and every coin-operated amusement device to be installed.
A. 
The annual fee for an arcade license covering from one to three games on the same premises shall be $500. No additional license need be obtained when a different machine is substituted for a machine on the premises, without increasing the total number of machines offered for use on the premises.
B. 
The annual fee for an arcade license covering from four to 10 machines on the same premises shall be $750.
C. 
The annual fee for an arcade license covering more than 10 machines on the same premises shall be $1,000.
D. 
In addition to any other fees required under this article, every first-time applicant for an arcade license shall pay a nonrefundable investigation fee of $100. No investigation fee shall be required for renewals. No investigation fee shall be required of any preexisting license holders on the effective date of this article.
A. 
All preexisting coin-operated amusement devices within the Borough must be licensed pursuant to this article within 60 days of the effective date of this article, or at the expiration of any current license for such devices, whichever shall occur last.
B. 
Notwithstanding anything to the contrary in this article, there is hereby exempted from the aforementioned licensing requirements all organizations, associations and corporations not for profit, organized pursuant to the provisions of Title 15 of the New Jersey Revised Statutes or otherwise, whose primary activity is religious, educational, eleemosynary, social or fraternal; provided, however, that such organizations, associations and corporations shall not maintain, place or install more than three coin-operated amusement devices in or about any single premises or location.
A. 
An application for an arcade license shall be filed together with the applicable fee therefor with the Borough Clerk. The truth of the information submitted shall be sworn to, and any willful misstatement shall be considered a violation of this article and shall subject the offender to the penalties provided herein. The application shall state the following:
(1) 
The name and address of the applicant. If the applicant is a partnership, the name and address of each partner shall be given. If the applicant is a corporation, the name and address of the chief executive officer of the corporation, and of the president, vice president, secretary and treasurer of the corporation, shall be furnished. If a post office box is used as a mailing address, the individual's or firm's residence or business address shall be provided as well.
(2) 
The address of the premises and the location within the premises where the devices are to be installed, used or kept. The location of the devices shall be depicted on a floor plan of the applicable premises, which shall also indicate all entrances and exits from the building as well as all walkways leading to those entrances and exits.
(3) 
The name and address of the owner of the devices, if other than the applicant.
(4) 
A list of all the coin-operated amusement devices sought to be licensed, including a specific description of each device, together with its serial number or other means of identification.
Upon receipt of an initial application for an arcade license, the Clerk shall provide a copy of the application and refer the matter to the Chief of Police for an investigation of the character of the individuals whose names and addresses appear on the application. The Clerk shall furnish a copy of the application and refer the matter to the Code Enforcement Officer, to determine whether the proposed use will violate any provision of the Zoning Code or the Building Code of the Borough.[1] The Chief of Police and the Code Enforcement Officer shall report back to the Borough Clerk within four weeks.
[1]
Editor's Note: See Ch. 186, Land Development, and Ch. 136, Construction Codes, Uniform, Art. I.
A. 
No arcade license shall be issued to any person who has been convicted of any crime of moral turpitude. In the case of an application by a partnership or corporation, no license shall be issued unless none of the partners or officers have been convicted of a crime of moral turpitude.
B. 
No arcade license shall be issued in any premises where the location or use of such devices does not comply with the applicable provisions of the Building Code and the Zoning Code.
C. 
No arcade license shall be issued for any business that does not comply with this article and with all applicable state laws and Borough ordinances.
D. 
No arcade license shall be issued for any location the perimeter of the property line of which is a distance of 500 feet or less from any school or church, except that churches and schools may, pursuant to the limited exemption of § 91-13B, have such devices on their premises.
The Borough Clerk shall act on all applications within 10 days of receiving the report of the Chief of Police or the report of the Code Enforcement Officer, whichever is received last. Upon finding that an applicant complies with the requirements of this article and all other applicable state laws and local ordinances, the Borough Clerk shall issue the license. The applicant shall be notified promptly of the issuance or decision refusing to issue a license. If the Borough Clerk refuses to issue a license, the Clerk shall give reasons in writing for the refusal.
Any person aggrieved by a decision issuing or refusing to issue a license may appeal to the Mayor and Council within 10 days of receiving a notice of denial by filing a written notice of appeal with the Borough Clerk. The notice of appeal need not be in any particular form, but it must identify the decision from which the appeal is being taken. The Mayor and Council shall schedule a hearing on such appeal within 30 days of receipt by the Borough Clerk of such notice, and issue its decision within 30 days after said hearing. The decision of the Mayor and Council shall be final, except for the right of any party to file an action in court.
All licenses issued under this article shall be for a term of one year. Any license issued hereunder shall be renewed upon the filing of an application for renewal and the payment of the annual fee, if the business complies with all applicable laws and ordinances and if there are no grounds for revocation of the license. No investigation fee shall be charged in connection with a renewal.
License cards issued pursuant to this article shall specify the location of the premises on which the licensed coin-operated amusement device is to be used or kept, a brief description of the device, the device's serial number or other means of identification, the name and address of the owner of the device, and the license termination date. All license cards shall be posted and at all times displayed in a conspicuous place at or near the licensed device.
No license issued pursuant to this article is transferable, and no license fee shall be refunded upon the revocation or surrender of any license, except that in the event that possession of the premises on which the licensed device is located is transferred pursuant to an arm's-length business transaction, and the transferee is not prohibited by any of the terms of this article from holding a license, such license shall be transferable upon the payment of an investigation and processing fee of $100.
Any licensee who shall permit or approve of the use of any coin-operated amusement device for gambling purposes shall be deemed to be guilty of a violation of this article. In addition, it shall be unlawful to install, maintain or use any coin-operated amusement device for the purpose of giving, directly or indirectly, any prize, return or profit for the use of such device.
The person in charge of any premises where coin-operated amusement devices are available for use by the public shall not permit any person under the age of 16, unless accompanied by a parent or authorized guardian, to remain in the area where such games are located on school days during the hours when school is in session. The person in charge shall not use force to enforce this requirement, but the truant officer may be called. A person under 16 who normally attends a private school or a school sponsored by a religious organization in lieu of the public school may be in an arcade or in the area where games are kept at times when the private school or school sponsored by the religious organization is not in session. Each licensee under this article shall display a sign with substantially the following wording, or with other wording giving substantially the same meaning:
NOTICE: If you are under 16 years of age, you will not be allowed to remain in this arcade on school days during the hours when school is in session.
The Borough Clerk may cancel the license of any licensee who violates the terms of this article two or more times in any one-year period. In addition, the Borough Clerk shall immediately cancel any license(s) held by a licensee who is convicted or otherwise pleads guilty to a crime of moral turpitude, or is otherwise no longer qualified to hold an arcade license. Such cancellation may be appealed to the Mayor and Council as provided herein for other appeals. Any licensee that has had any license canceled under this article shall not be eligible to apply for any other license under this article for a period of six months.
The management of any establishment may sell tokens or provide machines to sell tokens, to be used in games instead of coins. No person shall defraud any business by using any foreign coin, counterfeit coin or unauthorized token to obtain the use of a game without paying for it.
Any violation of this article is hereby declared to be a nuisance. In addition to any other relief provided by this article, the Borough Attorney may apply to a court of competent jurisdiction for an injunction or temporary restraining order to prohibit the continuation of any violation of this article.
In the event that the Chief of Police shall report to the Borough Clerk an increase in incidents requiring police intervention at any premises where coin-operated amusement devices are located, the Borough Clerk may, by a writing addressed to the license holder, demand that the licensee provide uniformed security guards to be present on the premises during certain hours of operation. This order may be appealed to the Mayor and Council as provided herein for other appeals.
Any person, firm or corporation violating any of the provisions of this article shall upon conviction for such violation be committed to the county jail for a term not exceeding 90 days, shall be required to perform community service, or shall be fined a sum not exceeding $500, or any combination thereof, at the discretion of the court.