[Adopted 10-4-1982 by Ord. No. 949 as §§ 78-12
to 78-19 of the 1982 Code (Ord.
No. 822)]
As used in this article, the following terms
shall have the meanings indicated:
Any automatic, mechanical or electronic game, contrivance
or device or skill or entertainment which is or are operated or set
in motion by the deposit therein of any coin or coins, tokens or slugs
or the like thereof purchased for cash. This term shall include any
device which registers a score or not and shall further include, without
limitation, such devices as pinball machines, bagatelle machines,
pong or other types of electronically operated game devices, skillball,
mechanical games and operation of transactions similar to by whatever
name they may be called. Excluded from this definition are music vending
machines, commonly known as "jukeboxes," as well as vending machines.
Any natural person, partnership, firm, association, corporation
or any other business entity which leases, rents out or places under
any kind of arrangement, within the Borough of Leonia, one or more
amusement or entertainment machines or devices displayed for public
patronage or is placed or kept for operation by the public.
Any natural person, partnership, firm, association, corporation
or any other business entity which owns or controls premises or a
location within the Borough of Leonia in which any amusement or entertainment
machine or device which is owned by said natural person, partnership,
firm, association, corporation or any other business entity is displayed
for public patronage or is placed or kept for operation by the public.
Any natural person, partnership, firm, association or corporation.
A.
General. No person, firm or corporation shall install,
place, maintain or operate 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 or entertainment device
within the limits of the Borough of Leonia without first applying
for or obtaining a license therefor for each and every coin-operated
amusement or entertainment device to be installed, placed, maintained
or operated.
B.
Exemption. Notwithstanding anything contained in this
section to the contrary, there is hereby exempted from the aforementioned
licensing fee 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 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.
Maximum number of licenses.
(1)
A license shall be issued for the placement, installation,
maintenance, operation or possession of coin-operated amusement devices
in or about any single premises or location. Each device shall be
allotted a forty-five-square-foot minimum floor area for its sole
use. These devices shall be considered an accessory use incidental
and subordinate to the principal use of the premises.
(2)
A forty-five-square-foot minimum floor area shall
be provided for each device so as to allow its use without overcrowding.
A minimum width of 1 1/2 feet shall be provided as clearance on both
sides of each device. The depth of space in front of the device shall
be at least 4 1/2 feet. The rear of the unit may be placed flush against
an appropriate fire-rated wall.
B.
License fees. A license fee as set forth in Chapter 123, Fees, shall be payable annually by the licensee for each device licensed hereunder.
C.
Applications.
(1)
Applications for said license shall contain the following
information:
(a)
The name, date and place of birth, home address
and the home telephone number and the business telephone number of
the applicant and each of its stockholders, officers, directors and
each partner, member or principal.
(b)
The name and address of the registered agent
of the applicant or person upon whom service of process is authorized
to be made.
(c)
The name, date and place of birth, home address
and telephone number of the manager or other agent of the applicant
who shall be in charge of or conduct the business of the applicant
within the Borough of Leonia.
(d)
With respect to each person whose name is listed
on the license application, the fact of whether or not said person
was ever convicted of any crime, whether by or without jury or by
plea, in any jurisdiction of an offense which under the laws of the
State of New Jersey is denominated as a misdemeanor or high misdemeanor
or an offense involving moral turpitude with full disclosure of the
nature of the offense, the time and place of commission, legal proceedings
in connection therewith and punishment or penalty.
(e)
A sketch detailing the precise location and
type of each machine or device to be operated under the license applied
for must be submitted at the time of application for said license.
(f)
If the applicant is a corporation, a corporate
resolution in proper form authorizing the execution of the license
application on behalf of the corporation.
(g)
A certification, under oath, made by the applicant,
that the information contained in the application and all attachments
thereto is complete, accurate and truthful to the best of his knowledge
and belief.
(2)
All applications shall be accompanied by the license
fee as set forth herein.
(3)
Upon receipt of an application, the Clerk shall promptly
forward a copy of the application and accompanying materials to the
Chiefs of Police and Fire Departments and the Building Official for
investigation, review and report.
A.
Licensing standards.
(1)
Upon receipt of all reports and information, in accordance
with the standards and requirements set forth, the Clerk may grant
or refuse the license or may grant the license as to one or more but
not all of the coin-operated amusement or entertainment devices and
refuse the license as to the rest. If the license is granted, the
Borough Clerk shall forthwith issue the license.
(2)
The Clerk shall ensure that the license application
and attachments thereto are complete, accurate and truthful and that
those persons whose names are required to be disclosed on the license
application are all persons capable of owning, controlling and conducting
the proposed business of owning and/or operating amusement or entertainment
devices within the Borough of Leonia, in a manner consistent with
the public safety, good morals and general welfare of the community,
that all those persons whose names are required to be disclosed on
the license application can reasonably be expected to own, control
and manage or operate the proposed business in accordance with all
applicable laws, ordinances, rules and regulations and free from any
gambling, immoral or illegal conduct or activity and free from unnecessary
or unwanted noise or commotion, that no criminal element is in direct
or indirect control or management of the business of the applicant,
that the granting of the application and the issuance of the license
thereunder will promote a fair and competitive market for the operation
of amusement or entertainment machines or devices within the Borough
of Leonia, that the granting of the application and the issuance of
the license thereunder will not create an unwarranted burden on the
law enforcement officers or agencies and that the applicant has properly
executed all agreements and consents required by this article and
has agreed to conduct his business in accordance with all requirements
of this article and all other applicable laws, ordinances, rules and
regulations. No operator's license shall be granted hereunder unless
the licensed premises shall meet all requirements of all fire regulations
and the Housing, Building, Sanitary, Electric and Plumbing Codes of
the Borough of Leonia.
B.
License denial and appeal. In the event the Borough
Clerk determines that such application does not meet the standards
above set forth, the license shall be denied. Upon the Borough Clerk
denying any application, the unsuccessful applicant shall have the
right to appeal such denial to the Mayor and Council within 10 days
of receipt of written denial, by a written notice of appeal served
upon the Borough Clerk. The Mayor and Council shall schedule a hearing
on such appeal within 30 days thereof and issue its decision within
30 days after such hearing.
C.
Transferability; refunds. No license issued pursuant
to this section is transferable, and no license fee shall be refunded
upon the revocation or surrender of any license.
A.
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 number or other means of identification and the
name and address of the owner and lessee or bailee of said device
B.
All license cards issued pursuant to this article
shall be posted and at all times displayed in a conspicuous place
at or near the licensed device.
C.
All licenses issued pursuant to this article shall
expire on December 31 of each year. Upon the expiration of the license,
the holder shall surrender the license card forthwith to the Borough
Clerk.
A.
Any licensee who shall suffer, permit or approve of
the use of any coin-operated amusement device for gambling purposes
shall be deemed in violation of this article.
B.
It shall be unlawful to install, maintain and use
any such coin-operated amusement device for the purpose of giving,
directly or indirectly, any prize, return or profit for the use of
such device.
C.
A bicycle rack to accommodate four bicycles shall
be provided by each licensed operator. This rack shall be located
on the operator's premises and, if space is not available, on the
public sidewalk in a manner approved by the Police Chief. The bicycle
rack shall be located so as not to interfere with vehicle parking
or impede the safe passage of pedestrians. The style and design of
the bicycle rack is subject to approval by the Building Official.
D.
A readily visible sign shall be installed indicating
that the use of machines or devices by persons under 16 years of age
shall not be permitted during normal school hours. The use of machines
or devices during this time by persons under 16 years of age shall
cause the license to be revoked. The time period shall be 8:30 a.m.
to 3:00 p.m. Monday through Friday.
E.
The licensee shall at all times maintain good order
and shall not permit any disturbance, congestion or loitering upon
the licensed premises.
F.
No coin-operated amusement device shall be operated
in a manner which will enable it to be heard outside of the premises.
G.
There shall be a four-foot-wide aisle maintained beyond the depth of 4 1/2 feet in front of the device as provided for by § 84-14A(2) of this article.
H.
Each device shall be located a minimum of 12 feet
from any entranceway to the premises in which it is located.
Every license issued hereunder is subject to
revocation by the governing body should the owner-operator or operator
operate any amusement or entertainment machine or device contrary
to the provisions of this article or the standards set forth herein
for the issuance of a license. Any material misstatement or omission
in the license application and any information submitted therewith
shall constitute sufficient grounds for revocation of said license.
The Mayor and Council, through the Clerk, shall serve upon the licensee
notification of intention to revoke the license and advise the licensee
that he has 10 days from receipt of the notification to request a
formal hearing. In the event that no formal hearing is requested,
then the Mayor and Council shall be authorized, after said ten-day
period, to revoke the license. In the event that the licensee does
request a hearing, then he shall be entitled to a hearing before the
Mayor and Council and give testimony and produce witnesses as he shall
deem appropriate. The Mayor and Council shall listen to all witnesses
and testimony that it deems relevant and shall render a decision as
to whether or not the license should be revoked.
