Borough of East Rutherford, NJ Chapter 97 Amusements

[HISTORY: Adopted by the Mayor and Council of the Borough of East Rutherford 1-1-1982 as Sec. 4-8 of the 1982 Recodification; amended in its entirety 12-19-1995 by Ord. No. 95-12. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Violations and penalties — See Ch. 1, Art. III.

Licenses — See Ch. 181.

Article I Licensing of Coin-Operated Amusement Machines

[Amended 6-16-1998 by Ord. No. 98-11; 2-16-2010 by Ord. No. 2010-08; 5-17-2016 by Ord. No. 2016-08]

§ 97-1 Definitions.

In the interpretation of this article, the following words and phrases, unless the context shows another sense to be intended, shall be held to have the meanings as follows:

CLASS A MACHINE

Any jukebox, music box or coin-operated electric phonograph machine.

CLASS B MACHINE

Any pool, bagatelle or similar billiard machine or any shuffleboard or bowling machine.

CLASS C MACHINE

Any other type of amusement machine operated for amusement or game other than those included under Class A and Class B, including but not limited to any automatic or mechanical or computerized machines, game or device of skill or entertainment which is coin-operated or set in motion by deposit therein of any coin or coins, tokens or slugs, or the like thereof, purchased for cash or by any other method.

COIN-OPERATED AMUSEMENT VENDING MACHINE

Any machine or device installed, operated, maintained or used in any public or quasi-public place or any building, store or other place wherein the public is invited or wherein the public may enter, which upon insertion or use, in any way, of a coin or coins of the United States operates and may be used for amusement and/or game or similar activity. Wherever in this article the word "machine" is used, it is intended to mean coin-operated amusement vending machine.

DEALER

Any person who installs, operates, maintains or uses any machine in the Borough of East Rutherford.

DISTRIBUTOR

Any person who distributes machines to machine locations in the Borough of East Rutherford.

MACHINE LOCATION

The place in or upon which one or more machines shall be installed, operated, maintained or used.

MEADOWLANDS DISTRICT

The Meadowlands District shall consist of any establishment fronting on Route 17 and any area east of Route 17, commonly known as the "Meadowlands" (except within the area known on the "Meadowlands Complex" as defined in N.J.S.A. 5:10-3d).

§ 97-2 Distributor license required.

A. No person shall distribute any Class A machine, Class B machine or Class C machine to any machine location in the Borough of East Rutherford without having first obtained a distributor license for that specific machine.

B. Each distributor license for a specific machine, when issued, shall designate the number, class under this article, and kind of machine allowed to be distributed and/or owned under said license issued to the distributor. All such licenses shall be issued by the Borough Clerk. Each such distributor license for a specific machine shall lapse at the end of the calendar year for which it is issued.

C. Religious, educational, charitable and fraternal corporations, clubs, societies and associations organized and operated without pecuniary profit shall not be exempt from the payment of the dealer or distributor fees hereunder.

§ 97-3 Limits on machine locations.

A. Except as provided in Subsection B below, no distributor license shall be issued for any machine for a proposed machine location within 1,000 feet from any church or public building or within 200 feet of any school or residence. That distance shall be measured on a straight line from the entrance of the school, church or public building or residence nearest the proposed machine location to the nearest entrance of the proposed machine location.

B. Other distance. Notwithstanding Subsection A, if the proposed machine location meets the following conditions, the distances in Subsection B as to a school, church or public building shall be 500 feet:

(1) The use of amusement games is accessory to the operation of a restaurant in the proposed machine location;

(2) The proposed machine location is on a lot that has at least 200 feet of frontage along Route 17; and

(3) The proposed machine location is on a lot which provides at least 100 parking spaces for business invitees to the lot.

C. No licensee shall be permitted to have more than two Class C machines in any one place in any area of the municipality other than locations fronting on Route 17 or the Meadowlands District, provided, however, that this Subsection C shall not apply to a proposed machine location upon which the operation of such machines is the principal use.

§ 97-4 Dealer license required.

A. No person shall install, operate, maintain or use any Class A, Class B or Class C machine, as described hereunder, on or in any machine location in the Borough of East Rutherford without first having obtained a dealer license for the specific machine as prescribed in the article.

B. All such dealer licenses shall be issued by the Borough Clerk. Each such dealer license for a specific machine shall lapse at the end of the calendar year for which it is issued.

C. Each license or certificate thereof for a specific machine or such other evidence of license as may be prescribed shall be kept by the dealer as to be readily available for inspection for each and every machine at or on the machine location.

D. The holder of a dealer license for a specific machine shall not be permitted to transfer such license to any other machine.

§ 97-5 Fees.

A. For each distributor license issued for a specific Class A machine, Class B machine or Class C machine and for each renewal thereof, there shall be paid to the Borough Clerk a fee of $250 for the first machine in a specified machine location and $150 for any such machine in the same machine location thereafter.

B. For each dealer license issued the fee shall be:

	Class of Machine	Fee
	Class A	$50 per machine
	Class B	$100 each for the first two machines and $25 for each additional machine
	Class C	$100 each for the first two machines and $25 for each additional machine

§ 97-6 License application.

A. The application for a distributor or dealer license shall show the name of the applicant, post office address, the number, class of machine hereunder and kind of machine to be distributed or installed, operated, maintained or used or owned, the intended machine location and such other information as may be necessary and requisite.

B. A separate application shall be made for each and every specific machine to be distributed or installed, operated, maintained or used or owned, except in the event of a transfer or substitution of one machine, in which event the distributor and/or dealer shall be permitted to transfer the present license to the substituted similar machine.

C. No dealer license application shall be accepted for any machine unless and until the distributor of such specific machine has been duly licensed for said machine hereunder. Further, no person licensed only as a distributor for a specific machine shall install, operate, maintain or use or own any specific machine or machines in any machine location in the Borough of East Rutherford unless and until the dealer license or licenses are secured for said machine.

D. Before each license issued, the distributor or licensee shall file with the Borough Clerk an insurance policy, issued by an insurance company authorized to do business in the State of New Jersey, or a valid certificate of such insurance covering any and all claims for damages to persons or property arising out of or by virtue of the installation, operation, maintenance or use of any machine located in the Borough of East Rutherford.

§ 97-7 Conviction of crime.

No license shall be issued under this article to any person who has been convicted of a crime, and in the event that any licensee shall be convicted of any crime, then the license of such person shall be forthwith canceled and shall revert to the Borough of East Rutherford, and the machine to which said license may be affixed or upon which it may appear shall be deemed to be in operation in violation of this article.

§ 97-8 Violations and penalties.

A. Any person who violates any provision of this article shall be subject to a fine of not more than $1,000 for each offense. Each day in which the acts in violation of this article continue shall be deemed a separate offense.

B. Any operator of any Class A, Class B or Class C machine, and this shall include any person, firm, partnership, association, corporation, trustee or receiver, who shall knowingly or willfully permit, use or permit to be used any of the machines licensed heretofore for purposes of gambling is guilty of a violation of this article.

C. Any person who shall willfully and knowingly permit a minor under the age of 16 years to play and operate any Class B or Class C machine licensed by this article is guilty of a violation of this article.

§ 97-9 Limit on number of machines; exceptions.

A. All licenses issued under this article shall be issued for a specific machine as herein defined.

B. Each establishment shall be limited to two coin-operated amusements if the same is located in the Borough of East Rutherford, except for those establishments that are located in the Meadowlands District. There shall be no limit on the number of coin-operated amusements in the Meadowlands District.

§ 97-10 Area involved.

This article shall include the establishments on the west side of State Highway Route 17 and areas east of Route 17.

Article II Temporary Licenses in Recognized Amusement Area

§ 97-11 License required.

All licenses issued under this article shall be issued for a specific game as hereinafter defined. It shall be unlawful for any person, firm or corporation to own or operate within the Borough of East Rutherford any amusement game or games as said amusement game or games are defined by the Amusement Games Licensing Law (P.L. 1959, c. 109[1]), whether said amusement game or games are of skill or chance, or both, and whether said amusement game or games shall be played and operated with or without numbers, symbols or figures, without having first obtained the proper license from the Borough Clerk of the Borough of East Rutherford. Said license shall be issued subject to the provisions of the Amusement Games Licensing Law (P.L. 1959, c. 109) and the revised Amusement Games Regulations (effective April 11, 1966) promulgated by the Office of Amusement Games Control, Department of Law and Public Safety of the State of New Jersey.

[1] Editor's Note: See N.J.S.A. 5:8-100 et seq.

§ 97-12 License application.

A. Each applicant for such license shall file with the Borough Clerk a written application therefor. The application must be in the form prescribed by the Commissioner of Amusement Games Control and must comply with all the requirements specifically set forth in Section 2 of P.L. 1959, c. 109,[1] and any amendments and supplements thereto and any additional requirements as may be promulgated from time to time by the Amusement Games Control Commissioner in the State of New Jersey. In addition to any other information required by law, applications for a license shall include the applicant's fingerprints (which shall be taken at an authorized facility).

[Amended 3-19-2013 by Ord. No. 2013-03]

[1] Editor's Note: See N.J.S.A. 5:8-101.

B. Upon proof of compliance with all applicable requirements, the Mayor and Council of the Borough of East Rutherford shall authorize the Borough Clerk to issue a license for a particular game for a period not to exceed a maximum of 14 days. Certified copy of the application shall be transmitted by the Borough Clerk to the Commissioner of Amusement Games Control.

C. No application for the issuance of a license shall be refused by the Borough Clerk until after a hearing is held on due notice to the applicant at which the applicant shall be entitled to be heard upon the qualifications of the applicant on the merits of the application.

D. Any license issued under this article may be amended upon application made to the Borough Clerk of the subject matter of the proposed amendment if the subject matter could lawfully and properly have been included in the original license and upon payment of such additional license fee, if any, as would have been payable if it had been so included.

§ 97-13 False statements in application.

Any person, association or corporation who or which shall make any false statement in any application for such license or shall fail to keep such adequate and proper books and records and shall fully and truly record all transactions connected with the holding, operating or conducting of amusement games under such license or shall falsify or make any false entry in any books or records so far as they relate to any transaction connected with the holding, operating and conducting of any amusement game under any such license or shall violate any of the provisions of this article or the Amusement Games Licensing Law (P.L. 1959, c. 109) or of any of the terms of any such license shall be a disorderly person and if convicted as such shall, in addition to suffering any other penalties which may be imposed, forfeit any license issued to it under this article.

§ 97-14 License fees.

[Amended 3-19-2013 by Ord. No. 2013-03]

There shall be issued to an applicant who shall qualify for a license a separate license for each specific game authorized to be held, operated and conducted by the licensee, and a separate license shall be issued for each location at which the licensee is authorized to hold, operate and conduct such game. Said license shall be for the specific term of the affair to be conducted but in no case should exceed the maximum of 14 days. The license fee for each license for each game at each specific location shall be $125 for the specific affair for which the licenses are being sought. Said fee shall be paid without proration and shall accompany the application for the license.

§ 97-15 Games permitted.

All games permitted under the Amusement Games Licensing Law (P.L. 1959, c. 109[1]) and permitted within the Revised Amusement Games Regulations of the Office of the Amusement Games Control of the Department of Law and Public Safety of the State of New Jersey as promulgated April 11, 1966, and as amended, shall be permissible games for which a license may issue under this article.

[1] Editor's Note: See N.J.S.A. 5:8-100 et seq.

§ 97-16 Application filing date.

All applications for licenses under this article shall be filed, with the appropriate license fee, with the Borough Clerk of the Borough of East Rutherford at least 10 days prior to the proposed issuance date for said license in order that proper investigation may be made of the applicant, and each license issued under this article shall be valid only for the specific time enumerated thereon.

§ 97-17 Areas permissible.

No licenses shall be granted for any games permitted under the Amusement Games Licensing Law (P.L. 1959, c. 109) for any area west of Route 17 within the Borough of East Rutherford.

§ 97-18 Meadowlands Sports Complex.

For any licenses issued pursuant to the terms of this article for games authorized to be held, operated and conducted at the Meadowlands Sports Complex, the New Jersey State Police shall have and exercise control and supervision over all such amusement games held, operated or conducted under such license at the Meadowlands Sports Complex with all the powers authorized or granted under said Amusement Games Licensing Law (P.L. 1959, c. 109) and all amendments and supplements thereto. Supervision of all other areas of within the Borough of East Rutherford shall be vested in the Police Department for the Borough of East Rutherford.