[Adopted 3-18-1986 by Ord. No. 1905
(Ch. 85, Art. I, of the 1979 Code)]
As used in this article, unless the context otherwise indicates, the
following terms shall have the meanings indicated:
In excess of five devices or machines.
Any machine which, upon the insertion of a coin, slug, token, plate
or disc, may be operated by the public generally for use as a game, entertainment
or amusement, whether or not registering a score. It shall include such devices
as marble machines, pinball machines, skill ball, mechanical grab machines,
electronic games of skill and chance, and all games, operations or transactions
similar thereto under whatever name they may be indicated. It shall further
include bowling alleys, billiard tables, pool tables, pinball and ballyhoo.
The predominance of skill over chance shall not be a determining factor in
any of the aforementioned games, operations or transactions.
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.
Includes the following: any person, firm, corporation or association
which owns any such machine; the person, firm or corporation or association
in whose place of business any machine is placed or used by the public and
the person, firm or corporation or association having control over such machines;
provided, however, that the payment of such fee by such person, firm, corporation
or association enumerated herein shall be deemed a compliance with this section
of the article.
[Amended 3-17-1992 by Ord. No. 2082; 8-4-1992
by Ord. No. 2095]
A.
Nothing in this article shall be construed to authorize,
license or permit any gambling device or any mechanism that has been judicially
determined to be a gambling device, or in any way contrary to law, or any
mechanical amusement device that dispenses any payoff, prize or reward of
any nature whatsoever, except that free games shall not be prohibited.
B.
No distributor, licensee or operator of mechanical amusement
devices shall offer or permit to be offered any prize or other reward to a
person playing any machine required to be licensed under this article.
A.
The application for such license shall contain the following
information:
(1)
The name, date and place of birth, home address and business
address, home telephone number and business telephone number of the applicant
and each of its stockholders, officers and directors and each partner, member
or principal.
(2)
The name and address of the registered agent of the applicant
or person upon whom service of process is authorized to be made.
(3)
In the case of arcades, the name, 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 Garfield.
(4)
The type, manufacturer, serial number, if available,
and location of each machine or device or amusement or entertainment machine
or device to be operated under the license applied for.
B.
If the applicant is a corporation, there shall be included
a corporate resolution in proper form authorizing the execution of the license
application on behalf of the corporation.
C.
The application shall contain a certification under oath,
made by the applicant, 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 City Clerk shall promptly forward a copy of the application
and accompanying materials to the Directors of the Departments of Police,
Fire and Health for investigation, review and report. Such reports shall be
sent to the City Clerk, who, in accordance with the standards and requirements
set forth herein, may grant or refuse the license or may grant the license
as to one or more but not all of the mechanical, electronic and electromechanical
amusement devices and refuse the license as to the rest. If the license is
granted, the City Clerk shall forthwith issue the license upon payment of
the licensing fee. The City Clerk shall ensure that the license application
and all attachments thereto are complete, accurate and truthful and that those
persons whose names are required to be disclosed on the license application
are all persons capable of owning, controlling and conducting the proposed
business of owning mechanical, electronic and electromechanical amusement
devices within the City of Garfield in a manner consistent with the public
safety, good morals and general welfare of the community; and that the applicant
has properly executed all agreements and consents required by this article
and has agreed to conduct his business in accordance with all requirements
of this article and all other applicable laws, ordinances, rules and regulations.
No operator's license shall be granted hereunder unless the licensed
premises shall meet all requirements of all fire regulations and Building,
Sanitary, Electrical and Plumbing Codes of the City of Garfield.[1]
E.
With respect to each person whose name is listed on the
license application, whether or not such person has been convicted of an offense
under the laws of the State of New Jersey or an ordinance similar to this
article, and disclosing therein the date and type of offense for which he
was convicted, including, in the case of an ordinance violation, the municipality
in which the legal proceeding was concluded.
A.
Every applicant, before being granted a license, shall pay an annual license fee for the privilege of operating and maintaining for operation each electronic, mechanical or electromechanical amusement device as defined in § 77-1 herein.
(1)
All electronic, mechanical or electromechanical amusement
devices: $75 for the first machine and $50 for each machine thereafter at
the same location.
[Amended 12-6-1994 by Ord. No. 2168]
(2)
Pool, billiards, shuffleboard, bowling, baseball and
bagatelles: $75 for the first table, alley or device and $50 for each thereafter
at the same location.
[Amended 12-6-1994 by Ord. No. 2168]
B.
All said licenses shall expire on December 31 of each
and every year. There shall be no apportionment of any fee for any portion
of the year except for licenses which are issued prior hereto for the year.
A.
The license or licenses herein provided for shall be
posted permanently and conspicuously at the location of the machine at the
premises where the device is to be operated or maintained to be operated.
B.
Such licenses may be transferred from one machine or
device to another similar machine upon notification to the City Clerk to such
effect and the giving of a description and the serial number, if possible,
of the new machine or device. Not more than one machine shall be operated
under one license, and the applicant shall be required to secure a license
for each and every machine displayed or operated by it.
C.
If the licensee shall move his place of business to another
location within the City of Garfield, the license may be transferred to such
new location upon application to the City Clerk subject to approval by the
City Council, giving the street number and new location.
D.
A license shall not be transferable from person to person
or place to place and shall be usable only at the place and by the person
designated in the license.
A.
No person, firm, corporation or association holding a
license under this article shall permit persons of school age and during school
hours to operate any electronic, mechanical or electromechanical amusement
games or devices.
B.
No person or business entity shall have more than five mechanical, electronic or electromechanical amusement games or devices as defined in § 77-1 without complying with those restrictions which pertain to arcades.
C.
No license shall be granted to any person or business
entity whose premises sought to be licensed is within 200 feet of the property
line of any church or school. The 200 feet shall be measured in the normal
way that a pedestrian would properly walk from the nearest entrance of said
church or school to the nearest entrance of the premises sought to be licensed.
D.
An arcade must provide a full-time adult attendant who
shall be on the premises at all times. It shall further provide bicycle racks
at the exterior of the building providing for 15 bicycles. It shall further
provide parking in no less than double the amount as required by Chapter 247,
Zoning, applicable thereto. Such parking must be off-street, and no on-street
parking will be used to calculate the number of required parking spaces. Furthermore,
all arcades shall be subject to all other building requirements as set forth
in the City of Garfield building codes and subcodes, including but not limited
to the BOCA Basic Building Code and adopted subcodes and rules and regulations
as promulgated by the Department of Community Affairs.[1]
Every license issued under this article is subject to the right which is hereby expressly reserved to revoke the same should a licensee, directly or indirectly, permit the operation of any device as described in § 77-1 herein contrary to the provisions of this article, the ordinances of the City of Garfield or the laws of the State of New Jersey. Said license may be revoked by the City Council after written notice to the licensee, which notice shall specify the ordinance and law violations with which the licensee is charged, if after a hearing the licensee is found to be guilty of such violation. Ten days' notice of the hearing shall be given to the licensee. At such hearing the licensee and his attorney may present and submit evidence of witnesses in his defense.
If the Police Department shall have the requisite probable cause to believe any devices described in § 77-1 herein are being used in violation of the gambling laws of the State of New Jersey, the same may, in addition to the other penalties provided herein, be seized by such Police Department and impounded until the determination of the violation of this article or any applicable state statutes or regulations.
[Amended 4-25-2006 by Ord. No. 2457]
Any person, firm, corporation or association violating any of the provisions
of this article, in addition to the revocation of his or her license, shall
be punished by one or more of the following: a fine not exceeding $2,000;
imprisonment for a term not exceeding 90 days; and/or a period of community
service not exceeding 90 days.
