[HISTORY: Adopted by the Borough Council
of the Borough of Caldwell 12-14-1982 by Ord. No. 702-82. Amendments noted where
applicable.]
This chapter shall be known as the "Revised
Amusement Device Control Act."
The following definitions shall apply to the
interpretation of this chapter:
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.
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]
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.
