[Amended 10-12-1976 by Ord. No. 40-1976; 12-13-1976 by Ord. No. 59-1976; 7-17-1978 by Ord. No. 11-1978; 11-8-1979 by Ord. No. 48-1979; 11-10-1980 by Ord. No. 15-1980; 9-27-1982 by Ord. No. 15-1982; 6-11-1984 by Ord. No. 23-1984]
This article is enacted for the purpose of regulation
and control of coin-operated amusement games of the type commonly
known and designated as "bagatelle," "Skee-Ball," "baseball," "golf,"
"pinball" or "pin amusement games" or similar machines or devices,
including coin-operated pool tables and video games. Because these
machines and devices may become a public nuisance by reason of the
manner in which they are distributed or operated, it is hereby determined
by the City of East Orange that control and regulation of such machines
and devices is necessary for the protection and preservation of the
public safety, morals and welfare.
As used in this chapter, the following terms
shall have the meanings indicated:
A commercial establishment, the exclusive purpose of which
is public use of coin-operated amusement devices. The establishment
must maintain no less than 20 coin-operated amusement devices for
public use and provide 50 square feet per machine.
Any amusement machine or device which is operated or put
into operation, in whole or in part, by the insertion of a coin, token,
disk, slug, plate, key or similar object or by the payment of any
price. The term does not include coin-operated musical devices hereinafter
defined, bona fide vending machines in which gaming or amusement features
are not incorporated, any gambling device or slot machine. Nothing
herein shall be construed to permit the use of any device prohibited
by law or the use of any device in any manner prohibited by law.
Any person who sells, leases or rents out or places under
any kind of arrangement one or more coin-operated amusement devices
as defined herein.
The Licensing Subdivision within the Division of Tax Collection
and Revenue, which serves as the issuing officer for licensing of
coin-operated amusement devices.[1]
Any natural person, partnership, firm, association, corporation
or any other business entity which owns or controls premises or a
location within the City of East Orange in which a coin-operated amusement
device is displayed for public patronage or is placed or kept for
operation by the public.
A commercial establishment, the primary purpose of which
is to provide recreational activities, such as indoor tennis and racquetball
courts, bowling alleys, skating rinks, billiard parlors (having a
minimum of 15 tables) or any other similar facility.
All coin-operated amusement devices (as defined in § 103-2) located within the City of East Orange are required to be licensed. Each machine or device shall have a separate license. No such machine or device shall be operated without such license. Each "distributor," as that term is used herein, is required to be licensed.
The annual fee for the licensing of coin-operated amusement devices and distributors of such devices shall be as provided in Chapter 170, Licenses and Fees, of the East Orange City Code. Licenses shall be renewed annually on or before June 1 of the calendar year. License fees for new applications (not renewals) shall be prorated in accordance with the provisions of § 170-18D. A proprietor may substitute one machine or device for a similar one without paying any additional licensing fee, provided that he first applies to the Division for permission to make the exchange and supplies all the information required for the original license.
A.
Applications to the Division for licenses shall be
by the proprietor of the premises where the machine is to be installed.
B.
The word "person," as used in this section, shall
mean any individual, firm, member of a firm, partnership, member of
partnerships, corporation or any officer, director or stockholder
of said corporation.
C.
Completion of application; verification.
(1)
A separate application for each automatic amusement
device that may be licensed hereunder shall be filed on a form to
be furnished by the Division, which form shall include but not be
limited to the following information:
(a)
The name of the applicant.
(b)
The post office address and telephone number
of the applicant.
(c)
Address of the premises proposed for location
of the machines or devices.
(d)
The name and address of every other person who
has any interest in any of the coin-operated amusement machines and
the nature of that interest, including owners and distributors.
(e)
Whether or not the person making the application
or any other interested person has been convicted of a crime, disorderly
persons offense or a violation of any City ordinance or state or federal
statute.
(f)
Whether or not the applicant has had a coin-operated
amusement machine operator's license or a license to sell alcoholic
beverages at retail revoked or suspended.
(g)
Notification that all applicants must submit
to fingerprinting and that corporate applicants must submit fingerprints
of the corporate officers.
D.
Information to be included or to accompany application.
(1)
Application to the Division for a license of a distributor
shall be made by the distributor and shall provide the following information
about each applicant and, in the case of partnerships, each partner
and, in the case of corporations, each director, officer and stockholder
holding in excess of 10% of stock. The information shall also be furnished
for all partners, directors, officers or stockholders holding in excess
of 10% of stock for the six months preceding the date of the application,
as well as for the manager or authorized agent who shall be in charge
of or conduct the business of the applicant within the City of East
Orange.
(2)
The applicant shall be required to furnish fingerprints
and photographs.
(3)
The application shall set forth the name and address
of the registered agent of the applicant or the person upon whom service
of process is authorized to be made.
(4)
The application shall further set forth whether or
not any of the persons described in this section have ever been convicted
of a crime or of a violation of a City ordinance or disorderly persons
offense involving gambling.
(5)
The application shall contain a certification under
oath by the applicant or its authorized representative that the information
contained in the application and all attachments thereto is complete,
accurate and truthful to the best of his knowledge and belief.
E.
The license fee shall be payable upon the presentation
of the application and shall be returned less the sum of $20 in the
event that such license is not granted.
F.
No license shall issue until all the information required
on the application has been submitted by the applicant.
G.
All applications shall be referred to the Chief of
Police for investigation. The Chief of Police shall make a recommendation
as to whether or not a license should issue based upon his investigation
of the applicant's conduct as a law-abiding person and shall consider
past operations, if any; convictions of crimes and convictions of
disorderly persons offenses; or violations of City ordinances involving
gambling or moral turpitude. He shall also consider any convictions
pursuant to N.J.S.A. 2C:33-12, maintaining a nuisance, which involve
the subject premises. If the Director shall disapprove a license based
upon the recommendation of the Chief of Police, he shall furnish the
applicant with written notice of the reasons for disapproval.
H.
Restrictions.
(1)
No license shall be issued to any person until all
federal and state laws and City ordinances have been complied with.
(2)
No license shall be issued unless the prescribed license
fee has been paid.
(3)
No license shall issue to any applicant where information
furnished on the application is false.
I.
The fee to be paid for the license required by this
chapter shall be $500 per annum. The license shall be valid for the
period of one year from the date of issuance unless sooner revoked
or suspended.
Coin-operated amusement devices regulated by
this chapter shall be allowed only in hotels, motels, amusement arcades,
recreation centers and establishments having permanent liquor licenses
for on-premises consumption. No device or machine may be placed in
any permitted location which is within 200 feet in all directions
of the property of a school attended by minors 16 years of age and
under.
Coin-operated amusement devices shall only be
operated during the usual business hours of the establishment where
they are located. Amusement arcades, recreation centers and commercial
establishments with coin-operated amusement devices shall not allow
use of these devices prior to 3:00 p.m. on regular school days and
after 10:00 p.m. on nights preceding regular school days or 12:00
midnight on any other night.
Minors 16 years of age and under shall not be
permitted to operate coin-operated amusement devices during the hours
of 8:00 a.m. to 3:00 p.m. on days regular school is in session, nor
shall they operate any such devices or machines after any curfew imposed
by the City of East Orange or the State of New Jersey. In establishments
having liquor licenses for on-premises consumption, no persons under
the legal drinking age as established by the State of New Jersey shall
operate coin-operated amusement devices which are located within 50
feet from the area where alcoholic beverages are sold or dispensed.
No proprietor by himself, directly or indirectly,
or by any servant, agent or employee, shall:
A.
Offer to pay any reward, gift, prize or merchandise
to any person using or operating a coin-operated amusement device
or use or permit to be used any such machines or devices for the purpose
of gambling.
B.
Permit the premises to become a resort for disorderly
persons of any type.
C.
Permit intoxicated persons to loiter on or about the
premises.
D.
Permit the possession or use of alcoholic beverages
on or about the premises except where a liquor license for on-premises
consumption is held.
E.
Permit the possession or use of any unlawful drug
or narcotic, including marijuana, on or about the premises.
F.
Permit loud, unruly or disorderly conduct on or about
the premises.
Establishments having 20 or more licensed coin-operated
amusement devices are required to provide a licensed security guard
on the premises during hours of operation.
Any proprietor owning or operating a business
with 20 or more licensed machines at the time of the effective date
of this chapter shall not be subject to the square-footage requirements
for an amusement arcade; however, no additional machines may be placed
on the premises without complying with the requirements.
If any provisions of this chapter or the application
of such provision to any person or circumstances is declared invalid,
such invalidity shall not affect other provisions or application of
this chapter which can be given effect, and to this end, the provisions
of this chapter are declared to be severable.
This article, being necessary for the welfare
of the City and its inhabitants, shall be liberally construed to effectuate
the purpose thereof.
