[HISTORY: Adopted by the Mayor and Council of the Borough of Brooklawn 3-14-83 by Ord. No. 2-83. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meaning indicated:
- AMUSEMENT AREA
- An open and exposed area used for more than three games of skill, music devices, automatic rides, automatic or manually operated still- or motion- picture devices or any combination thereof. The amusement area shall contain not less than 200 square feet, and the same shall not exceed 5% of the total area of the place of business in which said amusement area is contained, unless said place of business is primarily devoted to existing commercially operated amusement devices or similar commercial amusement activities.
- AUTOMATIC OR MANUALLY OPERATED STILL OR MOTION-PICTURE DEVICE
- Any device that provides visual entertainment by means of rapidly moving still-picture frames produced on film or tape in which it is necessary to insert a coin, slug, token, disk or key or make payment of some price in order to operate or cause to be operated any such device.
- AUTOMATIC RIDE
- Any device in which a child might receive a ride, such as a hobby horse, miniature car, rocket ship, or similar devices which are normally composed of one machine and have space for no more than two children upon them, in which it is necessary to insert a coin, slug, token, disk or key before receiving the ride.
- Any organization, corporation or association consisting of 10 or more persons operating for benevolent, charitable, fraternal, social, religious, recreational, athletic or similar purposes and not for private gain.
- GAMES OF SKILL
- Any machine or device which, upon the insertion of a coin, slug, token, plate or disk, may be operated by one or more players for use as a game, entertainment or amusement where:
- A. The object is to secure a specified number or numbers or a high total score.
- B. The element of skill in the manipulation of such machine or device predominates over chance or luck.
- C. In the playing or use of the machine or device, the player or players obtaining such specified number or numbers or a high total score shall receive no money, prize, toy, favor, merchandise, award, trophy, free games or other thing of value.
- LIVE VISUAL ENTERTAINMENT DEVICE
- Any device that provides visual entertainment by means of live performances viewed through glass or other transparent aperture, operated by insertion of a coin, slug, token, disk or key for a price.
- MUSIC DEVICE
- Any playing machine, or device which, upon the insertion of a coin, slug, token, plate, disk or key or by the payment of any price, operates or may be operated for the playing of records or otherwise for the emitting of songs, music or similar amusement, and shall include devices normally called “jukebox”.
- Any individual, partner, corporation, association or the principal, officer or agent thereof.
- PLACE OF BUSINESS
- Any store, shop, tavern, bar, restaurant, pool hall, bowling alley, amusement arcade, ice-skating rink or premises wherein merchandise, food or drink is sold, or any combination or group of the foregoing, which business is maintained within a building or structure open to the public.
It shall be unlawful for any person to place, install, keep, offer, permit or allow to be operated or used any game of, skill, music device, automatic ride, automatically or manually operated still- or motion-picture device or live visual entertainment device in any place of business within the Borough of Brooklawn unless and until a license has first been obtained from the Municipal Clerk after consent and approval of the Council as provided herein.
No license shall be issued for any game or device which does not meet the requirements of a game of skill, music device, automatic ride, automatically or manually operated still- or motion-picture device or live visual entertainment device according to, nor for any place of business which does not conform to, the definitions set forth above. No more than two games of skill shall be permitted in a place of business unless an appropriate amusement area is provided.
All licenses issued under this chapter shall be displayed in a prominent place within the establishment wherein the licensed device(s) or machine(s) shall be located. Every license issued hereunder shall be numbered and shall disclose on its face the following information:
The name and post office address of the licensee to whom it is issued.
The address of the establishment wherein the licensed device(s) or machine(s) shall be located.
The date said license was issued and expiration date of said license.
Total number of machines included in said license and located within said establishment.
The holder of a license issued hereunder shall be permitted to transfer such license from any machine to any other like or similar machine operated in the same premises for which the license is issued.
At no time shall the number of machines within the establishment wherein the licensed device(s) or machine(s) is located exceed the total number disclosed on the face of said license.
All applications for a license under this chapter shall be made and delivered to the Municipal Clerk in triplicate on forms to be supplied for the purpose and shall be subscribed and sworn to by the applicant.
The application for the license shall contain the following:
Name and address of the applicant.
Name under which the place of business is being operated and the location of same.
Number and type of alcoholic beverage license, when applicable.
Any other information which the Council may deem necessary and proper for the full protection of the interests of the public in the premises.
Before any application is presented to the Council for consideration, the Municipal Clerk shall append thereto the results of any investigation conducted by the Police Department with reference to the applicant or applicants.
All licenses issued under this chapter shall be for a term of one year, commencing July 1 and expiring on June 30 of the following year.
[Amended 6-13-83 by Ord. No. 4-83; 4-17-2000 by Ord. 3-00]
The fee for the issuance of a license to operate games of skill, music devices, automatic rides, automatically or manually operated still- or motion-picture devices or live entertainment devices in any place of business shall be as follows:
[Amended 4-1-2002 by Ord. No. 5-02]
The fee for the issuance of a license to operate a music device referred to as a “wall box”, commonly found on tables in restaurants and/or other places of business, shall be the sum of $10 per unit in addition to any other fees that may be imposed under § 55-6A.
All license fees shall be due and payable when the application is submitted to the Municipal Clerk, and in the event the application is denied, such fee shall be returned to the applicant. No license shall be issued until the applicant has paid to the Municipal Clerk the license fees herein above provided.
No fee shall be required of any bona fide club, as heretofore defined, if said game of skill, music device or automatic shall be located in a clubhouse, club quarters or building under the exclusive control and possession of said club.
No person shall, in his place of business, permit riotous or noises, profane or indecent language to be used by anyone while operating a licensed game or device or anyone congregating about around such game or device.
No person shall, in his place of business, permit gambling in connection with the playing of any game of skill, nor shall any prize given or offered in connection with the playing of any game of skill.
Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine not exceeding five hundred dollars ($500.) or may be imprisoned for a period not to exceed 90 days, or both.