Borough of Caldwell, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Caldwell 12-14-1982 by Ord. No. 702-82. Amendments noted where applicable.]
GENERAL REFERENCES
Public entertainment — See Ch. 101
Poolrooms and bowling alleys — See Ch. 171.
Fees — See Ch. A270.
This chapter shall be known as the "Revised Amusement Device Control Act."
The following definitions shall apply to the interpretation of this chapter:
AMUSEMENT DEVICE
Any machine other than a pool or billiard table, whether operated mechanically, electronically or by other means, or regardless of whether or not it registers scores or tallies, which, upon the insertion of a coin, slug, token, plate, disk or key may be operated by the general public as a game or for entertainment or amusement. Examples of the amusement devices include video games, marble machines, electronic pinball machines, ski ball, skill ball and mechanical grab machines. The preceding list is intended to be illustrative only, and the term "amusement device" shall include all games, machines or devices of a similar nature regardless of what names are given to them.
OPERATOR
Any person in whose place of business any amusement device is placed or kept for operation by the public.
This chapter shall not apply to amusement devices which are not operated for profit.
A. 
License required. No operator of an amusement device shall maintain such devices for public operation within the Borough without having first obtained a license and paid the required license fee.
B. 
Application for licenses. Applicants for operator licenses shall apply to the Borough Clerk. A separate application for each device shall be filed on a form furnished by the Borough Clerk. The form shall show the name of the applicant and proposed operator and the device owner, their post office addresses, a description of the device to be licensed and other pertinent information required. Each application must be approved by the Chief of Police, Fire Department, Construction Official and Borough Council before a license is issued.
[Amended 7-13-1999 by Ord. No. 1073-99]
C. 
Duration of license. Each license shall expire on the first day of January. Licenses issued after July 1 will be 1/2 of the annual fee.
D. 
License fee. Operators of amusement devices shall be charged a fee as set forth in Chapter A270, Fees.
[Amended 7-13-1999 by Ord. No. 1073-99]
E. 
Transferability. A license may be transferred from one device to another by giving notice to the Borough Clerk to that effect and giving a description of the new device. A license may be transferred from one place to another by giving notice to the Borough Clerk to that effect and supplying the required information as to the new premises and complying with all other licensing requirements.
F. 
Location. No amusement device shall be located in any premises within 200 feet of a public or private school. The distance shall be measured from the nearest entrance to the school to the nearest entrance of the premises on which the amusement device is located or is sought to be located along the route that a pedestrian would normally walk.
A. 
No establishment containing amusement devices shall permit them to be operated between the hours of 12:00 midnight and 9:00 a.m.
B. 
No operator shall offer or permit to be offered any prizes or awards, whether in cash or otherwise, as an inducement to use amusement devices, except for trophies or plaques or items of a similar nature of nominal value.
C. 
No operator shall permit any minor under the age of 16 years unaccompanied by a parent or guardian to operate an amusement device after 10:00 p.m. or during public school hours.
D. 
No operator shall permit any activity which is illegal or immoral or which creates an undue amount of noise or a danger of a breach of peace to occur on the premises.
E. 
Display of license; form thereof. Each license shall be affixed to the device for which it is issued so that the license shall be easily and quickly identified. The license shall show on its face the name and post office address of the licensee, the amount of the fee paid and a brief statement that the device to which the same is affixed is licensed for operation and use by the Borough.
F. 
Seizure for nondisplay of license.
(1) 
Any device not having affixed thereto the appropriate license required by this chapter will be deemed a violation of this chapter by the operator. In addition to the penalties provided for herein, the Police Department may confiscate any amusement device not displaying the appropriate license and retain custody of the same until the machine is duly licensed.
(2) 
For the purpose of determining whether said devices are so licensed, the Police Department shall have the right of entry into premises of a public or quasi-public character where such devices are located.
G. 
Gambling devices. Nothing in this chapter shall be construed to authorize any gambling device of any kind whatsoever, including any device that dispenses any kind of payoff or reward or any device that has been judicially determined to be a gambling device or declared to be a gambling device under any law of the State of New Jersey. If the Chief of Police has reason to believe any amusement device is used as a gambling device, he shall cause that machine to be seized and impounded. If after trial it is determined that the machine was in fact being used as a gambling device, it shall be destroyed, and the license of the operator shall be revoked. Revocation of license and seizure of device are in addition to any other penalty which may be imposed for a violation of this chapter.
H. 
There shall be a minimum floor area of 64 square feet for public use devoted exclusively to each amusement device.
I. 
In addition to any other Borough ordinances or regulations, the operator of amusement devices totaling more than two in number in any one individual place of business shall provide at such place of business:
[Amended 7-13-1999 by Ord. No. 1073-99]
(1) 
Off-street motor vehicle parking of two public parking spaces for each amusement device licensed at the place of business; and
(2) 
Off-street and off-sidewalk bicycle racks accommodating four bicycles for each amusement device licensed at the place of business.
J. 
At all places of business where licensed amusement devices are operated, during all hours of operation, the operator shall personally supervise the operation of the amusement devices or do so by at least one adult person employed by the operator. The operator or person supervising the operation of the amusement devices must be physically present at the place of business where the amusement devices are located during all hours of operation.
[Amended 7-13-1999 by Ord. No. 1073-99; 10-14-2008 by Ord. No. 1187-08]
Any person violating any provision of this chapter shall, upon conviction thereof, be punishable by a fine not exceeding $2,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or a combination thereof.