[HISTORY: Adopted by the City Council of the City of Rahway 7-9-1984
by Ord. No. A-12-84 as Ch. 73 of the 1984 Code. Amendments
noted where applicable.]
Definitions of the terms as used in this chapter are as follows:
An enclosed building or part of an enclosed building, no portion
which is licensed to sell liquor, which contains one or more coin-operated
mechanisms which when activated permit a customer to view a live person unclothed
or in such attire as to expose any portion of the female breast below the
top of the nipple, or any portion of the pubic hair, anus, or genitals, or
the charging of a fee for the viewing of any such activity.
[Added 8-23-1993 by Ord. No. A-45-93]
Any machine, contrivance or device which, upon the insertion of a
coin, slug, token, plate, disc or key into a slot, crevice or other opening
by the public generally for use as a game, entertainment or amusement, whether
or not registering a score, and shall include, without limitation, such devices
as marble machines, pinball machines, skillball, mechanical games or video
games, bagatel, mack tables, ballyhoo devices, high score tables, automatic
pool tables and any and all operations, transactions, mechanical devices similar
thereto by whatever names they may be called. In addition to the above, amusement
game or device shall include a picture arcade or any room to which the public
can gain admittance where there is operated or electrically, electronically
or mechanically or manually controlled still or motion picture machines or
projectors or video monitors designed, operated or maintained to show still
or motion pictures or videos or live performances to five or fewer persons
per machine, projector or monitor at any time.
[Amended 12-14-1992 by Ord. No. A-35-92; 2-8-1993
by Ord. No. A-2-93]
Any natural person, partnership, firm, association, corporation or
any other business entity which leases, rents or places under any kind of
arrangement within the City of Rahway one or more amusement games or devices
in premises or locations owned or controlled by another.
The entire premises, including, without limitation, all buildings,
auxiliary buildings, structures, appurtenant structures, walks, alleys, drives
and parking facilities owned or controlled by the operator and/or owner/operator.
The gross floor area of the licensee's premises less deductions
for counter-space areas, storage areas, shelving areas, aisle areas, bathrooms,
areas of ingress and egress, office space and other areas which are not intended
or held out for public use. The Building Inspector shall determine the maximum
number of square feet in each perspective licensed premises subject to this
chapter.
Any natural person, partnership, firm, association, corporation or
any other entity which owns or controls a premises or a location within the
City of Rahway in which any amusement or entertainment machine or device is
displayed for public patronage or is placed or kept for operation by the public.
A.
No natural person, partnership, firm, association or
corporation or other business entity which owns or controls premises or locations
within the City of Rahway shall install, maintain, operate or possess in any
store, premises, location or building where any business of any nature or
character is conducted or any other place wherein the public is invited or
where the public may enter any amusement games or devices as defined herein
without having first obtained a Type A or Type B amusement game or device
license to so install, maintain, operate or possess from the City of Rahway,
after written application therefor in accordance with the terms of this chapter,
for each machine, game or device. This license shall be known as an "operator's
license" and shall not only apply to the machine or game so licensed, but
also to the premises wherein they are located.
B.
A Type A amusement game or device license shall be required
for all licensed premises which house two or less amusement games or devices.
C.
A Type B amusement game or device license shall be required
for all establishments which house more than two amusement games or devices.
D.
A Type C distributor's license shall be required
for all distributors. No natural person, partnership, firm, association, corporation
or any other business entity shall lease, rent or place under any kind of
arrangement any one or more amusement games or devices as defined herein within
the City of Rahway in premises or locations owned or controlled by another
without first having obtained a Type C license to so distribute from the City
of Rahway, after written application therefor in accordance with the terms
of this chapter, for such machine, game or device. This license shall be known
as a "distributor's license."
E.
Notwithstanding any provision of this chapter to the
contrary, any person who is licensed to operate more than two amusement games
or devices on the date this chapter is enacted may continue to do so by obtaining
a Type A license.
A.
An application for an amusement game or device license
shall be made to the City Clerk, shall be accompanied by the fees required
in this chapter and shall include the following information:
(1)
The type of license sought (either Type A or B or C).
(2)
The name, social security number, date and place of birth,
home address, business address, home telephone number and business telephone
number of the applicant and each of its stockholders, officers and directors
holding an excess of 10% of stock or ownership.
[Amended 8-8-1994 by Ord. No. A-27-94]
(3)
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 name, social security number, date and place of birth,
home address and home telephone number of the manager or other authorized
agent of the applicant who shall be in charge of or conduct the business of
the applicant within the City of Rahway.
[Amended 8-8-1994 by Ord. No. A-27-94]
(5)
The type, manufacture, serial number and precise location
of each amusement game or device sought to be operated.
B.
If the applicant is a corporation, there shall be included
a corporate resolution in proper form authorizing the license application
on behalf of the corporation.
C.
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.
D.
The application must contain the total number of square
feet to which the applicant customarily invites or permits the public to occupy
and use, but shall not include any area used for storage, office, kitchen,
counter space, walks, alleys, drives, parking facilities or such other areas
to which the public has no access.
E.
A scheduled plan of the proposed licensed premises shall
be attached to the applications.
F.
The application must be accompanied by a certification
from the Fire Department and that the premises, occupancy and load have been
calculated and posted in accordance with the BOCA Basic Construction Code.
G.
No application shall be approved if the property where
the proposed activity is for the purposes of an adult amusement center, games
or devices and is located within 1,000 feet of any other such adult entertainment
or amusement center or within 1,000 feet of any residential zone, church,
designated public park, playground and/or recreation facility, public institution
or other public place and/or public school, and/or school bus stop. Such activity
shall only be permitted in the I-1 Industrial Zone.
[Added 8-23-1993 by Ord. No. A-45-93]
H.
Amortization of nonconforming uses. As to those establishments
which have a nonconforming use status as of the date of passage of this subsection,
such uses shall become unlawful two years following the passage of this subsection.
[Added 8-23-1993 by Ord. No. A-45-93]
I.
Applications for Type C, Distributors License, must be
accompanied by an approved fingerprint check from the Rahway Police Department.
[Added 8-8-1994 by Ord. No. A-27-94]
A.
No amusement game or device shall be operated in any
location less than 300 feet from the nearest structural part of any hospital,
nursing home, rest home, library, church or school.
B.
No person under the age of 18 years of age shall be allowed
to play or operate any amusement game during the regular school hours of public
schools of the City of Rahway nor between the hours of 10:00 p.m. and 9:00
a.m.
C.
The operation of all amusement games or devices shall
be appropriately supervised by one adult attendant for the first 15 machines
and one additional adult attendant for each additional 15 machines, at all
times.
D.
Each operator shall provide at least 50 square feet of
floor space under and around each amusement game or device, provided that
under no circumstance shall a number of amusement games or devices be permitted
which exceeds 30% of the net floor area of the licensed premises. The Building
Inspector shall determine the maximum number of amusement games or devices
for which a premises may be licensed and shall file said report with the City
Clerk.
E.
The operator shall not permit any amusement game or device
to emit loud and disturbing noises and shall at all times control the sound
so as not to cause a disturbance to persons in the vicinity of the amusement
game or device. The amusement game or device shall not be placed so that sound
is disturbing to the public in the streets or to other persons occupying buildings
in the immediate vicinity.
F.
No amusement game or device or amusement game arcade
shall be allowed to become a public nuisance or otherwise to endanger public
health, safety or general welfare of the City of Rahway.
G.
The operator at any time may substitute one machine for
a similar machine without additional license fee; provided, however, that
he shall first apply to the City Clerk for permission to make such exchange
and shall submit a signed letter stating what machines and serial numbers
are to be removed and what machines and serial numbers will be substituted
therefor. A copy of the same letter shall be attached to the license.
H.
The person operating the premises where the machine is
located shall be liable and responsible for the proper operation thereof,
regardless of whether or not he/she is the actual owner of the machine or
has rented same, but this shall not in any way release the actual owner of
the machine or device from liability for responsibility for violation of this
section or any ordinance of the City of Rahway.
I.
Every license shall apply only to the machine and the
person to whom issued and to the premises and location stated in the application
and shall not be transferable.
J.
The operator shall not permit, suffer or allow any person
to bet or gamble in any form or manner on the licensed premises and shall
prevent any immoral or illegal conduct or activity from occurring.
K.
No person on the licensed premises shall have illegally
in his possession or in his control or offer to another any habit-forming
drug, nor shall the operator and/or owner-operator permit, suffer or allow
such person on the licensed premises.
In addition to those rules and regulations set forth in § 133-4 of this chapter, the following rules and regulations are applicable to the Type A licenses:
A.
Not more than two amusement games or devices shall be
permitted on the licensed premises.
B.
On a licensed premises where any alcoholic beverages
are served or consumed, no person under the age of 21 shall be allowed to
operate any amusement game or device unless supervised by a parent or guardian.
The age limit in this subsection is governed by the same exceptions and exemptions
contained in N.J.S.A. 9:17B-1.
In addition to those rules and regulations set forth in § 133-4 of this chapter, the following rules and regulations are applicable to Type B licenses:
A.
A maximum of 30 amusement games or devices shall be operated
on the licensed premises.
B.
The premises shall be adequately ventilated and illuminated
and shall be so constructed and arranged that the interior is visible from
outside from at least one wall.
C.
No food or beverage shall be sold or consumed on the
licensed premises.
D.
No operator shall permit, suffer or allow the sale or
consumption of alcoholic beverages upon the licensed premises.
E.
No operator shall permit the operation of any amusement
game or device between the hours of 12:00 midnight and 9:00 a.m.
F.
The licensed premises shall be used exclusively for the
operation of amusement games and devices.
A.
At the time of the initial application or annual renewal
thereof, the Chief of Police or his designated representative who shall make
or cause to be made an inspection of the premises described in the application
and the type of machine applied for, shall attach to the application, upon
completion of this inspection and investigation, his report, in writing, which
shall state the nature and type of machine or device, the place where or when
it is operated or maintained, the name of the proprietor of the store or premises
at or in which the machine or device shall be operated or maintained, the
name and address of the owner of the particular machine or device, the recommendations
of the Chief of Police and other pertinent information the Chief of Police
deems necessary. He shall file his report with the City Clerk and file a copy
with the Fire Chief and Building Inspector. He shall also determine compliance
with all other applicable laws or ordinances required to be enforced by him.
He shall also cause a review to be made of the applicant's criminal record,
if any, and shall note and report any violations of the city's codes
or conviction of a crime involving moral turpitude, sale or possession of
drugs or gambling. During such time as the license is in effect, subsequent
to the initial inspection and each annual renewal, the Chief of Police or
his designated representative shall inspect the premises at least once per
month to ensure continued compliance.
B.
At the time of the initial application or annual renewal
thereof, the Chief of the Fire Department and/or his designated representative
shall make or cause to be made an inspection of the premises described in
the application, with reference to fire safety generally and the requirements
of this chapter in particular. He shall also determine compliance with all
other applicable laws or ordinances required to be enforced by him. Upon the
completion of the inspection, the Chief of the Fire Department or his designated
representative shall issue a written report with all findings, violations
of laws or ordinances, if any, and his recommendations and shall file said
report with the City Clerk and shall file a copy of said report with the Chief
of Police and Building Inspector. During such time as the license is in effect
and subsequent to the initial application and each annual renewal, the Fire
Chief or his designated representative shall inspect the premises at least
once per month to ensure continued compliance and the safety of the patrons
of the licensed premises.
C.
At the time of the initial application or annual renewal
thereof, the Building Inspector or his designated representative shall inspect
the proposed licensed premises and measure the proposed licensed premises
and determine the net floor area in accordance with this chapter. Upon completion
of this measurement, he shall issue a written report with his findings, which
shall include the maximum number of machines for which this premises shall
be licensed, and shall file said report with the City Clerk, Chief of Police
and Chief of the Fire Department. He shall also determine compliance with
this chapter and all other applicable laws or ordinances required to be enforced
by him. During such time as the license is in effect, subsequent to the initial
application and each annual renewal, the Building Inspector or his designated
representative shall inspect the premises at least once per month to ensure
continued compliance.
D.
Upon completion of the aforementioned written report
of the Police Department, Fire Department and Building Inspector, the same
shall be submitted to the City Clerk, who shall determine that the following
requirements have been met, and, if same have been met, he shall forthwith
issue the license:
(1)
An application properly completed with all information
required by this chapter supplied.
(2)
The appropriate license fee prepaid in advance by cash
or certified check.
(3)
The compliance of the premises sought to be licensed
with the requirements of this chapter for such premises.
(4)
Certification by the Police Chief or his designated representative
that he has made an investigation of the applicant and premises sought to
be licensed by such applicant and finds compliance with this chapter and all
ordinances and laws required to be enforced by him and that there is no evidence
that the applicant has been convicted of a crime involving moral turpitude,
drug sale or possession or gambling.
(5)
Certification by the Fire Chief or his designated representative
that he has made a thorough inspection of the premises and finds compliance
with this chapter and all ordinances and laws required to be enforced by him.
(6)
Certification by the Building Inspector or his designated
representative that he has made a thorough inspection of the premises and
finds compliance with this chapter and all ordinances and laws required to
be enforced by him.
E.
If the provisions of this chapter are not complied with,
the City Clerk shall deny the license, and the applicant may appeal that denial
to the City Council within 10 days of the receipt of the denial. Thereafter,
the City Council shall grant a hearing to the applicant and afford him the
right to submit relevant information on his own behalf. After the hearing,
if the City Council finds the denial was improper, it shall direct the issuance
of a license. City Council shall provide for a transcript of the proceedings
on appeal. The cost of said transcript shall be borne by the appellate.
[Amended 12-14-1992 by Ord. No. A-35-92]
[Amended 5-12-2003 by Ord. No. O-25-03]
A.
The annual fee for an amusement game or device license
Type A shall be $150 for each machine licensed.
C.
The annual fee for a distributor's license Type
C shall be $250 annually.
D.
All licenses shall be for a period of one year or a part
thereof remaining, and all shall expire on December 31 next succeeding the
date of issuance.
Every license issued hereunder is subject to revocation by the City
of Rahway should the licensee or operator operate any amusement game or device
contrary to the provisions of this chapter or any other law, ordinance, rule
or regulation or fail to cooperate fully with any law enforcement officer
or agency. Any material misstatement or omission in the license application
or any information submitted therewith or the failure to notify the City Clerk
in writing of any changes by additions or deletions or amendments to said
application or information during the term of any license or renewal shall
constitute sufficient grounds for revocation of said license. Such revocation
shall be given 10 days' notice of said hearing, and such notice shall
state the grounds therefor. At such hearing, the licensee may submit relevant
information in his own behalf and cross-examine witnesses.
Any person violating any provision of this chapter or failing to comply
therewith shall be punished by imprisonment in the county jail or in any place
provided by the City of Rahway for the detention of prisoners for a term not
exceeding 90 days or by a fine not exceeding $500 or both such imprisonment
and fine; and a separate offense shall be deemed committed on each day during
or on which the violation or failure to comply occurs or continues. Upon conviction,
no licensee shall thereafter transact the business of operating amusement
games or devices in the City of Rahway.
The provisions of this chapter requiring an operator's license
shall not apply to any church, fraternal or veterans' organization or
other religious or charitable nonprofit organization which operates any amusement
game or device exclusively for the use of its members and the guests of such
members and on premises owned or controlled by it.
[Added 12-14-1992 by Ord. No. A-35-92]
A.
Findings and purpose. Enclosed or concealed booths and
unlit or dimly lit areas within picture arcades greatly increase the potential
for misuses of the premises, including unlawful conduct of a type which facilitates
transmission of disease. Provisions of this section are necessary in order
to reduce the opportunity of and the incident of illegal conduct within picture
arcades and to facilitate the inspection of the interior of the arcades by
law enforcement personnel and authorized City inspectors.
B.
PICTURE ARCADE
Definition. As used in this section, the following terms
shall have the following meanings, unless the context clearly indicates that
a different meaning is intended:
Any room to which the public can gain admittance where there is operated
or electrically, electronically or mechanically or manually controlled still
or motion picture machines or projectors or video monitors designed, operated
or maintained to show still or motion pictures or videos or live performances
to five or fewer persons per machine, projector or monitor at any time.
[Amended 2-8-1993 by Ord. No. A-2-93]
C.
Visibility of interior. It shall be unlawful for any
person, partnership, corporation or other entity to own, operate, maintain
or manage a picture arcade unless the complete interior or portion of the
premises where the pictures can be viewed is continuously open and fully visible.
Booths within picture arcades where still or motion pictures or videos are
viewed are prohibited.
D.
Minimal light requirements. A level of illumination established
by the Building Inspector based upon general accepted lighting standards shall
be maintained during hours of operation of all parts of any picture arcade
which are open to the public.
E.
Existing picture arcades. Any picture arcade lawfully
in existence on the effective date of this section shall be made to conform
to the provisions of this section within 90 days of the effective date of
this section.
F.
Violations and penalties. Any person violating
any provisions of this section or failing to comply therewith shall be punished
by imprisonment in the county jail or in any place provided by the City of
Rahway for the detention of prisoners for a term not exceeding 90 days or
by a fine not exceeding $500, or both. Such imprisonment and fine; in a separate
offense shall be deemed committed on each day during of which the violation
or failure to comply occurs a continued period upon conviction. No licensee
shall thereafter transact a business of operating a picture arcade or device
in the City of Rahway.
