[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.]
GENERAL REFERENCES
Amusements, exhibitions and performances — See Ch. 137.
Closing hours of businesses — See Ch. 163, Art. II.
Uniform construction codes — See Ch. 177.
Food and beverage vending machines — See Ch. 407.
Definitions of the terms as used in this chapter are as follows:
ADULT AMUSEMENT CENTER
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]
AMUSEMENT GAME OR DEVICE
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]
DISTRIBUTOR
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.
LICENSED PREMISES
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.
NET FLOOR SPACE
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.
OPERATOR
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.
B. 
The annual fee for an amusement game or device license Type B shall be:
(1) 
One hundred fifty dollars per machine for the first 10 machines.
(2) 
One hundred dollars per machine for the next 10 machines.
(3) 
Seventy-five dollars for the next 10 machines.
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. 
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:
PICTURE ARCADE
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.