[HISTORY: Adopted by the Mayor and Council
of the Borough of Ridgefield 7-2-1979 by Ord. No. 1129. Amendments noted where
applicable.]
A.
BOROUGH COUNCIL
CHIEF OF POLICE
COLLECTOR OF TAXES
LICENSED PREMISES
PERSON
For the purpose of this chapter, the following words
and terms shall be deemed to have the meanings herein given to them:
The Mayor and Council of the Borough of Ridgefield.
The Chief of Police of the Borough of Ridgefield.
The Collector of Taxes of the Borough of Ridgefield.
Any premises for which a license under this chapter is in
force and effect.
Any individual, firm, member of a firm, partnership, member
of a partnership, corporation or any officer, director or stockholder
of such corporation or voluntary association or incorporated association.
B.
Unless otherwise expressly provided herein, the singular
number shall be construed to include the plural number, and the masculine
gender shall be construed to include the feminine and neuter genders.
[Amended 3-22-1982 by Ord. No. 1215]
The Borough Council of the Mayor and Council of the Borough of Ridgefield finds that, while the presence and use of such devices and games as described in § 127-3 below on a limited basis provides welcome and enjoyable amusement in that they are not the principal activity at the location where they are used, the accumulation and use of more than one machine or device results in the premises being used essentially for the playing and operating of such amusement games, machines and devices. Such conditions tend to produce circumstances where youths and others congregate, and a tendency prevails to wager or bet on the outcome or degree of skill or efficiency exhibited on such amusement games, machines or devices. The Borough Council of the Mayor and Council therefore finds that such tendency is a matter of public concern which affects the general health and welfare of the citizens of this municipality, and the provisions hereinafter enacted and described are deemed to be a necessity in the public interest, and these findings of fact and description of legislative intent are hereby declared as a matter of legislative determination.
[Amended 3-22-1982 by Ord. No. 1215]
On and after the effective date of this chapter,
no person shall install, maintain, operate or possess, in any public
place or quasi-public place or in any building, store or other place
wherein the public is invited or wherein the public may enter, within
the Borough of Ridgefield, in the County of Bergen and State of New
Jersey, any automatic amusement games or machines of the type commonly
known and designated as "electronic video games," "bagatelle," "ballyhoo,"
"iron claw," "baseball" or "pin amusement games," or similar amusement
games, machines or devices without first obtaining a license therefor.
[Amended 3-22-1982 by Ord. No. 1215]
The licenses herein required shall be issued
by the Borough Council upon the presentation of a proper application
therefor and the payment of the fee herein fixed, to and in the name
of the proprietor of the licensed premises, for the term of one year
commencing the first day of June of each year and expiring the 31st
day of May at 12:00 midnight of the following year.
[Amended 3-22-1982 by Ord. No. 1215; 5-23-1983 by Ord. No.
1234]
The license fee for each license herein provided
for shall be $250 for each such amusement game, machine or device,
as mentioned aforesaid, installed, maintained, operated or possessed
in the licensed premises for the term of the license or any part thereof;
provided, however, that the Borough Council may, in its discretion,
waive the payment of the license fee herein provided for in the event
that any such amusement game, machine or device shall be installed,
maintained, operated or possessed by and for the benefit of any religious,
charitable, social or fraternal organization or association.
[Amended 3-22-1982 by Ord. No. 1215]
A.
All applications for licenses herein required shall
be made in writing, signed by the proprietor of the licensed premises
and filed with the Borough Clerk. A separate application for each
licensed premises shall be filed on a form which may be obtained from
the Borough Clerk, which form shall set forth:
(1)
The name and post office address of the residence
of the proprietor of the licensed premises.
(2)
The name under which the licensed premises is being
conducted.
(3)
The address of the licensed premises.
(4)
The number of such games, machines or devices, as
mentioned aforesaid, to be installed, maintained, operated or possessed
in such licensed premises.
(5)
Whether or not the applicant has ever been convicted
of a crime involving gambling or a violation of any municipal ordinance
involving gambling.
(6)
Such other information as the Borough Council shall
deem necessary or proper.
B.
All applications shall be duly sworn to by the proprietor
of the licensed premises. In case the proprietor of the licensed premises
is a corporation, then, in such event, the application shall be duly
sworn to by the President, Vice President, Secretary or Treasurer.
A separate license shall be required for each
licensed premises, and the operation and effect of each license issued
pursuant to the provisions of this chapter shall be confined to the
licensed premises.
Every license issued hereunder shall be displayed
by the licensee in a conspicuous place in the licensed premises.
The forms of applications and licenses herein
required shall be prepared and furnished by the Borough Council. All
licenses shall be numbered consecutively and shall contain:
A.
The name of the licensee.
B.
The name under which the licensed premises is being
conducted.
C.
The address of the licensed premises.
D.
The number of such games, machines or devices, as
mentioned aforesaid, installed, maintained, operated or possessed
in such licensed premises.
E.
The amount of the license fee paid.
F.
The date of commencement and expiration of the term
of the license.
G.
Such other information as the Borough Council shall
deem necessary or proper.
[Amended 3-22-1982 by Ord. No. 1215]
The Borough Clerk shall keep a record of all
licenses issued by the Borough Council, which record shall contain
all the information herein required to be set forth on the license
and such other information as the Borough Council shall deem necessary
or proper.
[Amended 3-22-1982 by Ord. No. 1215]
The Borough Clerk shall remit all moneys received
by him for license fees, as herein provided, to the Collector of Taxes
on or before the first day of each month and shall make a written
report to the Borough Council for each calendar month setting forth
the number of licenses issued and the amount collected and remitted
to the Collector of Taxes.
No licenses issued hereunder shall be transferable.
[Amended 3-22-1982 by Ord. No. 1215; 5-23-1983 by Ord. No.
1234]
No more than five games, machines or devices
of the type or types herein mentioned shall be permitted to be installed,
maintained, operated or possessed in any one licensed premises.
No licenses shall be issued to any person who
shall have been convicted of a crime involving gambling or a violation
of any municipal ordinance involving gambling.
A.
Any license issued hereunder may be suspended or revoked
by the Borough Council for any of the following causes:
(1)
The violation of any of the provisions of this chapter.
(2)
The violation of the provisions of any other ordinance
of the Borough of Ridgefield applicable to the licensee or the licensed
premises.
(3)
Any act or happening occurring after the time of the
making of the application for a license which, if it had occurred
before said time, would have prevented the issuance of the license.
B.
No suspension or revocation of any license herein
required shall be made until a five-day written notice of the charges
preferred against the licensee shall have been given to him personally
or by mailing the same by registered mail addressed to him at the
licensed premises and a reasonable opportunity to be heard thereon
afforded to him within 30 days upon written request to the Borough
Clerk of the Borough of Ridgefield. A suspension or revocation of
the license shall be effected by a notice, in writing, of such suspension
or revocation designating the effective date thereof and, in the case
of suspension, the term of such suspension, which notice may be served
upon the licensee personally or by mailing the same by registered
mail addressed to him at the licensed premises. Such suspension or
revocation shall apply to the licensee and to the licensed premises.
Any revocation shall render the licensee ineligible to receive any
other license authorized to be issued pursuant to the terms of this
chapter for a term of two years from the effective date of such revocation
and may, in the discretion of the Borough Council, render the licensed
premises ineligible to become the subject of any further license hereunder
during the period of two years. No refund shall be made of any portion
of a license fee after the issuance of a license.
Any person who shall use or permit to be used
any of the games, machines or devices, as mentioned aforesaid, for
the purpose of gambling shall be deemed to be guilty of a violation
of this chapter and punishable therefor as herein provided.
No license herein provided for shall be issued
where the licensed premises is within 200 feet of any public school.
[Added 5-23-1983 by Ord. No. 1234]
No person under 16 years old shall be permitted
to play or operate any licensed amusement device of the type or types
herein mentioned between the hours of 9:00 a.m. to 11:30 a.m. and
1:00 p.m. to 2:30 p.m. while schools are in session.
All license fees herein provided for are imposed
for revenue purposes.
[Amended 3-25-1985 by Ord. No. 1281; 6-28-2010 by Ord. No.
2133]
A.
If this chapter of the Code of the Borough of Ridgefield
provides for the licensing or permitting of the violator, the Mayor
and Council of the Borough of Ridgefield reserve the right to revoke
such permit or license.
B.
Any person found guilty of violating this chapter
of the Code of the Borough of Ridgefield shall be subject to a penalty
consisting of a fine or imprisonment, or both, subject to the discretion
of the Judge, the maximum of which shall be the maximum fine or term
of imprisonment permitted to be imposed by the court having jurisdiction
over the violation of this chapter of the Code of the Borough of Ridgefield;
provided, however, that the fine shall not be less than $100 nor more
than $2,000 per offense and the prison term shall not exceed 90 days
in accordance with N.J.S.A. 40:49-5.
C.
In the event of a continuing violation, each day shall
constitute a separate offense.
