[Adopted 9-7-1967 as § 5-5.3
of the Revised General Ordinances]
As used in this article, unless the context otherwise indicates, the
following words and terms shall have the meanings given herein.
Any person who leases, rents out or places under any kind of arrangement
one or more machine jukeboxes.
Any person who leases, rents out or places under any kind of arrangement
one or more automatic amusement devices.
Any music vending machine, contrivance or device which, upon the
insertion of a coin, slug, token, plat, disc or key into any slot, crevice
or other opening, or by the payment of any price, operates or may be operated
for the emission of songs, music or similar amusement.
Any machine, which upon the insertion of a coin, slug, token, place
or disc, may be operated by the public generally for use as a game, entertainment
or amusement, whether or not registering a score. It shall include such devices
as marble machines, pinball machines, skill ball, mechanical grab machines,
mechanical bowling machines, video amusement devices and all games, operation
or transactions similar thereto under whatever name they may be designated.
Any person in whose place of business any machine jukebox or automatic
amusement device is displayed for public patronage or is placed or kept for
operation by the public.
Any person who owns and operates any machine jukebox or automatic
amusement device.
The building or other premises any jukebox or automatic amusement
device is placed for operation.
A mechanical device which, upon the insertion of a coin or slug,
records the weight of the person using the device.
A.
No distributor of automatic amusement devices or machine
jukeboxes shall distribute to any person or to the owner, occupant, lessee
or licensee of any premises in the City for the purpose of operation thereof
any automatic amusement devices or machine jukeboxes without first having
obtained from the City Clerk a license to do so.
B.
No operator shall display for public patronage or keep
for operation any machine jukebox or automatic amusement device without first
having obtained a license to do so from the City Clerk.
C.
No operator shall be issued a license to permit the operation
or maintenance of more than four automatic amusement devices, as herein defined,
for any one licensed premises; provided, however, that application may be
made for the licensing of a fifth machine which application shall be determined
by the City Clerk following an investigation by the appropriate municipal
officials as to whether four machines can be operated without substantial
detriment to the public health, safety and welfare by reason of the characteristics
of the licensed premises, including special and structural consideration and
consideration of noise, pedestrian and vehicular traffic and other related
consequences of the granting of the additional license.
D.
No operator shall be issued a license if it shall be
determined on the basis of his/her application or any investigation conducted
in connection therewith that the issuance of the license shall be detrimental
to the public health, safety and welfare by reason of the physical circumstances
of the proposed licensed activity as set forth above or by reason of the prior
criminal conviction of the applicant, or any other reasons constituting a
substantial basis for denying the application, which reason shall be specified,
in writing, to the applicant at the time of the denial of the application.
E.
The operator to whom one or more licenses have been issued
shall maintain such licenses prominently on display in reasonable proximity
to each machine so licensed such that it can be observed freely by any person
upon the premises.
A.
Distributors of mechanical amusement devices. The application
for license shall contain the following information:
(1)
Name and address of applicant. If applicant is an individual,
the age, date and place of birth of applicant. If applicant is a firm, partnership
or association, the names and addresses, ages, places of birth of all members
of the firm, partnership or association. If the applicant is a corporation,
the name and address of the registered agent and the names and addresses,
ages and places of birth of all the stockholders owning 10% or more of all
of the issued and outstanding capital stock of the corporation.
(2)
Prior criminal conviction of applicant, if any. The word "applicant" shall mean and include all persons whose names, addresses, ages and places of birth must be furnished under Subsection C(1) above.
(3)
The particular number of automatic amusement devices
which the applicant will distribute in the City of Trenton.
(4)
Such other information as the City Council shall from
time to time deem necessary and proper.
B.
Distributor of machine jukeboxes. The application for
licenses shall contain the following information:
(1)
Name and address of applicant. If applicant is an individual,
the age, date and place of birth of applicant. If applicant is a firm, partnership
or association, the names and addresses, ages, places of birth of all members
of the firm, partnership or association. If the applicant is a corporation,
the name and address of the registered agent and the names and addresses,
ages and places of birth of all the stockholders owning 10% or more of all
of the issued and outstanding capital stock of the corporation.
(2)
Such other information as the City Council shall from
time to time deem necessary and proper.
C.
Operators. The application for license shall contain
the following information:
(1)
Name and address of applicant, if applicant is an individual,
the age, date and place of birth of applicant. If applicant is a firm, partnership
or association, the names and addresses, ages, places of birth of all members
of the firm, partnership or association. If the applicant is a corporation,
the name and address of the registered agent and the names and addresses,
ages and places of birth of all the stockholders owning 10% or more of all
of the issued and outstanding capital stock of the corporation.
(2)
Prior criminal conviction of applicant, if any. The word "applicant" shall mean and include all persons whose names, addresses, ages and places of birth must be furnished under Subsection C(1) above.
(3)
Place where machine or devices are to be displayed and
the business conducted at that place.
(4)
The name and address of the owner of the machine.
D.
Age and residence requirements. No license or licenses
provided for in this article shall be issued to any applicant unless (s)he
is over 18 years of age and a citizen of the United States. In the case of
a corporate application, all of the beneficial holders of stock having a greater
than ten-percent interest shall meet the age and citizenship requirements
of this subsection.
A.
Amusement devices and weighing machines.
(1)
The annual license fee for operating, maintaining or
using an automatic amusement device or weighing machine in any one place shall
be as follows:
(2)
Payment of the above fees shall permit the operation
of the requisite number of machines at a given site and the owner or distributor
may freely substitute one machine for another up to and including the total
number of machines licensed for such site and provided, further, that each
such machine shall have affixed to its front or side, in a visible place,
the name, address and telephone number of the owner or distributor and the
current year's license number of the owner or distributor.
B.
Music machines.
(3)
Coin-operated radios: operation, maintenance and use,
for each unit: $2.
(4)
Coin-operated televisions: $5.
(5)
Music machine owners or distributors: For each mechanical
music machine operated within the City, the owner or distributor thereof shall
pay a fee of $75, which fee shall include both the right to distribute such
machine and to operate it or a substitute at a given site within the City.
C.
Owners or distributors of other mechanical amusement
devices.
(1)
For each owner or distributor of mechanical amusement
devices other than mechanical music machines provided for in the preceding
subsection based upon number of machines permitted to be distributed:
|
Number of Machines
|
Fee Per Year
| |
|---|---|---|
|
1 to 10
|
$100.00
| |
|
1 to 20
|
$150.00
| |
|
1 to 30
|
$200.00
| |
|
1 to 40
|
$250.00
| |
|
1 to 50
|
$300.00
| |
|
More than 50
|
$400.00
|
(2)
No license fee shall be charged for the issuance of any
owner's or distributor's license to the owner or distributor of the machines
if the machines are maintained or used by the owner or distributor in connection
with his/her own place of business, and the license for the use and operation
of the machines has been issued to the owner or distributor and the license
fee hereinabove prescribed has been duly paid.
Nothing in this article shall in any way be construed to authorize,
license or permit any gambling device whatsoever, or any mechanism that has
been judicially determined to be a gambling device, or in any way contrary
to law, or that may be contrary to any future laws of the State of New Jersey,
including any mechanical amusement device that dispenses any kind of payoff,
prize or reward.
A.
No distributor licensed to distribute automatic mechanical
amusement devices within the City shall knowingly distribute for operation
in and upon any licensed premises any mechanical amusement device which, together
with all other mechanical amusement devices upon the premises, exceeds the
number of machines for which the premises has licenses on display.
B.
No operator holding a license for the operation of a
machine jukebox or mechanical amusement device which, when operated produces
noise from the ringing of bells or the simulation thereof, shall permit the
playing of any such device between the hours of 2:00 a.m. and 9:00 a.m. on
any day.
C.
No operator holding a license for the operation of jukeboxes
of mechanical amusement devices shall permit the playing of jukeboxes of mechanical
amusement devices within 200 feet of any church, public or parochial school
or playground, provided that the City Council shall review and consider applications
for a variance from the distance restrictions when it shall determine upon
presentation by an applicant for a license that the enforcement of the restrictions
would not service a substantial public purpose and that the issuance of a
license would not be detrimental to or inconsistent with the proper conduct
of church, school or playground activities and would not constitute an adverse
influence upon children expected to be in the vicinity of the licensed premises
and would not have an adverse impact upon the circulation of the vehicular
or pedestrian traffic. Such determination shall be made following a public
hearing to be conducted on notice provided by the applicant to all persons
owning property or having a church, school or playground within 200 feet of
the premises for which the license is proposed.
D.
No distributor or operator of mechanical amusement devices
shall offer or permit to be offered any prize, free games or other reward
to any person playing any machine required to be licensed by the provisions
of this article.
If the Police Director shall have reason to believe an automatic amusement
device is used as a gambling device, the machine may be seized by the police
and impounded. If upon trial of the operator for allowing the machine to be
used as a gambling device the operator shall be found guilty, the machine
shall be destroyed by the police. Revocation and seizure are in addition to
all other penalties.
Each license issued pursuant to this article shall be subject to revocation and the number of machines previously licensed shall be subject to reduction by revocation or by denial of application for renewal whenever the City Council shall determine, following a public hearing, that the revocation or nonrenewal of any such license is necessary to the preservation and protection of the public health, safety and welfare. The City Council shall make such determination upon the basis and in the manner provided for under Chapter 146, Licensing.
