[HISTORY: Adopted by the Borough Council of the Borough of Hillsdale: Art. I, 6-27-1972 by Ord. No. 72-9 as Ch. 7, Art. 5, of the Revised Ordinances of 1972; Art. II, 6-27-1972 by Ord. No. 72-9 as Ch. 7, Art. 3, of the Revised Ordinances of 1972. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 138.
Games of chance — See Ch. 158.
Library — See Ch. 184.
Licenses and permits — See Ch. 188.
Penalties — See Ch. 226.
Traveling shows, carnivals and circuses — See Ch. 284.
Land use — See Ch. 310.
[Adopted 6-27-1972 by Ord. No. 72-9 as Ch. 7, Art. 5, of the Revised Ordinances of 1972]
[1]
Editor's Note: For statutory provisions authorizing municipal regulation and licensing of amusements, amusement businesses and places of public amusement, see N.J.S.A. 40:48-1, Subdivision 2, 40:48-2, 40:52-1, Subdivision f, and 40:52-2.
As used in this Article, the following terms shall have the meanings indicated:
MISCELLANEOUS AMUSEMENT BUSINESSES
Refers to and includes, but shall not be limited to, such businesses as traveling shows, carnivals, circuses, bazaars, carousels, roller coasters, merry-go-rounds, Ferris wheels, pony or train rides, midways, sideshows, miniature golf courses, golf driving ranges, concerts, exhibitions and any show or performance or other place of business wherein amusement is provided and to which an entrance fee is charged.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
No person shall conduct any miscellaneous amusement business or maintain, use or advertise any premises or place within the Borough at which a miscellaneous amusement business is or will be conducted without first obtaining a license therefor in accordance with the provisions of this Article, Chapter 188, Licenses and Permits, and Chapter 310, Land Use, § 310-55I(6).
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
Any person desiring a license under this Article shall file an application as provided in Chapter 188, Licenses and Permits, § 188-2. In addition to the information required by said section, the applicant shall also state the name of the manager or operator to be in charge of the proposed amusement or place of amusement.
Upon receipt of an application for a license, the Borough Clerk shall transmit copies thereof to the Chief Law Enforcement Officer, Chief of the Fire Department, Construction Code Official and Health Officer, to investigate the applicant, his or her manager and the proposed licensed premises in accordance with their respective jurisdictions and in accordance with such rules and regulations as may, from time to time, be promulgated. They shall report back in writing to the Borough Clerk their findings of fact and recommendations, which shall be forwarded to the Borough Council, together with the application.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
The fees for licenses issued under this Article shall be as provided in Chapter 138, Fees.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
A. 
All licenses herein provided for shall be issued by the Borough Clerk.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
B. 
The Borough Clerk shall issue the license in the name of the Borough, setting forth:
(1) 
The name of the person to whom it is issued;
(2) 
The place of amusement for which the license is issued;
(3) 
Designation of the amusement licensed; and
(4) 
The term of license.
Licenses requiring the payment of a per diem fee shall be issued for the length of time therein expressed.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
A. 
Each license shall be valid only for the place of amusement, for the type of amusement and for the licensee as set forth in the license.
B. 
No license shall be transferred.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
Any person, firm or corporation who shall violate any of the provisions of this Article shall be punishable as provided in Chapter 226, Penalties.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
[Adopted 6-27-1972 by Ord. No. 72-9 as Ch. 7, Art. 3, of the Revised Ordinances of 1972]
As used in this Article, the following terms shall have the meanings indicated:
AUTOMATIC AMUSEMENT DEVICE
Any machine which, upon the insertion of a coin, slug, token, plate, disc or card, 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, and all games, operations or transactions similar thereto under whatever name they may be indicated. It shall include video-type games or machines, or similar device that uses a display screen for points, lines and dots of light that can be manipulated to simulate games or other types of entertainment.
[Amended 3-25-1980 by Ord. No. 80-4[1]]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
Any person displaying for public patronage or keeping for operation any automatic amusement device shall be required to obtain for each such automatic amusement device a license issued by the Borough Clerk as provided in this Article and in Chapter 188, Licenses and Permits, of this Code.
[Amended 3-25-1980 by Ord. No. 80-4[1]]
With each separate application for an automatic amusement device filed with the Borough Clerk, as provided under § 92-11 of this chapter, an application fee as provided in Chapter 138, Fees, shall be paid to the Borough of Hillsdale.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
No license shall be issued to any person who, within three (3) years next preceding the application, shall have been convicted of an offense involving gambling. This disqualification shall extend to the persons described in Chapter 188, Licenses and Permits, § 188-2B(2).
A. 
All licenses issued under this chapter shall expire on June 30 of each year.
B. 
The annual license fee for each automatic amusement device is as provided in Chapter 138, Fees.
C. 
Any applicant for a license shall pay the sum as provided in Chapter 138, Fees, per month or any part of a month from the date said application shall be approved until June 30 of each year; thereafter said applicant shall pay the annual fee herein set forth under Subsection B.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
A. 
Upon receipt of an application for a license, the Borough Clerk shall transmit copies thereof to the Chief Law Enforcement Officer, Chief of the Fire Department, Construction Code Official and Health Officer, each of whom shall investigate the applicant and proposed licensed premises in accordance with their respective jurisdiction and in accordance with such rules and regulations as may, from time to time, be promulgated. They shall report back, in writing, to to Borough Clerk their findings of fact and recommendations, which shall be forwarded to the Borough Council for action.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
B. 
The Chief Law Enforcement Officer shall investigate the location wherein it is proposed to operate such device and also ascertain if the applicant is a person of good moral character and make a report of the findings to the Borough Clerk.[2]
[2]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
A. 
All licenses herein provided for shall be issued by the Borough Clerk only after a resolution of the Borough Council shall have been adopted approving said application.
B. 
The license shall be issued to and in the name of the proprietor of the premises wherein the automatic amusement device is to be installed. The licensee shall be permitted to transfer the license within the year for which it was issued to any other like device operated in the same premises as the device for which the license is held.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
C. 
The license shall be affixed to a conspicuous part of the automatic amusement device licensed, so that the device described in said license may be easily and quickly identified.
[Amended 3-25-1980 by Ord. No. 80-4]
The applicant shall be required to obtain a license for each device or machine, located in a building, which is secured, displayed or operated by him. A limitation of five (5) machines located in one (1) building shall be placed on every applicant.[1]
[1]
Editor's Note: Original Sec. 7-25, Transfer of licenses; notice to Borough Council, which immediately followed this section, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
No person shall use, or permit to be used, any automatic amusement device for the purpose of gambling.[1]
[1]
Editor's Note: Original Sec. 7-27, Age restriction, which immediately followed this section, was deleted 3-25-1980 by Ord. No. 80-4.
No person shall use, place, operate or maintain any automatic amusement device or permit or suffer it to be used, placed, operated or maintained in any premises within two hundred (200) feet of any school or church.
[Amended 3-25-1980 by Ord. No. 80-4[1]]
Enforcement of any license or permit issued pursuant to this chapter may be suspended or revoked by the Borough Council for any violations of any applicable provisions of this chapter or of any other applicable ordinances of the Borough or of an applicable state law or federal law. It shall be the duty of the Police Department to enforce the terms and conditions of this section and, should the violations concern building, health or fire regulations, said Department shall be the complaining witness.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
Any person, firm or corporation who violates any provision of this Article shall be subject, upon conviction thereof, to the provisions of Chapter 138, Penalties, in addition to revocation or suspension by the Borough Council.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.