[HISTORY: Adopted by the Mayor and Council of the Borough
of Fanwood 12-15-1971 by Ord. No. 631R as Ch. 42 of the 1971
Code. Amendments noted where applicable.]
For the purposes of this chapter, the terms used herein are
defined as follows:
All games, machines and devices commonly known and designated
as bagatelle, baseball or pin amusement games or similar machines
or devices operated, maintained or used in any public or quasi-public
place or in any building, store or other place wherein the public
is invited or wherein the public may enter, and particularly, but
not by way of limitation, all coin-operated automatic amusement devices
of the type commonly known as bagatelle games, baseball games, pin
amusement games or similar machines or devices operated, maintained
or used as aforesaid. The aforesaid definition includes all devices
which are manually, mechanically or electronically activated and operated
by the insertion of a coin, slug or token.
[Amended 10-10-1979 by Ord. No. 702R]
No automatic amusement game shall be placed, operated, maintained
or used without first obtaining a license therefor from the Mayor
and Council. Licenses may be issued at the discretion of the Mayor
and Council.
No license shall be issued to any person who shall have been
convicted of a crime or of a violation of any Borough ordinance involving
gambling.
[Amended 7-9-1986 by Ord. No. 86-15R]
A.
Not more than two coin-operated amusement devices shall be licensed
or operated within the first 1,000 square feet of floor space in any
one place, location or premises. An additional coin-operated amusement
device will be permitted for every additional 500 square feet in excess
of the first 1,000 square feet.
B.
Each coin-operated amusement device shall have an unobstructed perimeter
zone or distance of 18 inches around three of the sides of the device.
The perimeter zone area, which is required hereunder for each such
device, shall not be encroached upon by the perimeter zone area of
any other coin-operated amusement device. It is the intent of this
chapter that, for purposes of preventing overcrowding and assuring
safe passage of the general public, each coin-operated amusement device
shall have its own unobstructed perimeter zone.
C.
Each coin-operated amusement device shall be placed in accordance
with the sketch approved with the application and shall not be moved
within the premises to another location without the prior approval
by the Council of an amended application and sketch plan.
D.
All coin-operated amusement devices shall be so placed within the
premises as to permit a clear view thereof from the exterior of the
premises at all times.
A.
The forms for license application shall be furnished by the Clerk.
Said application shall set forth the following information:
(1)
The applicant's name.
(2)
The applicant's post office address.
(3)
The number of machines to be operated.
(4)
Whether or not the person making the application has ever been convicted
of a crime or of a violation of any Borough ordinance involving gambling.
(5)
Such other information as the Mayor and Council shall deem necessary
and proper.
B.
The license fee shall accompany the filing of the application. If
the license is not granted, the fee shall be returned to the applicant.
[Amended 10-10-1979 by Ord. No. 702R]
A.
The annual license fee for the first automatic amusement game shall
be $500, which shall be payable by the proprietor of the premises
where the machine is to be installed.
[Amended 7-9-1986 by Ord. No. 86-15R]
B.
The annual license fee for each additional automatic amusement game
shall be $100, which shall be payable by the proprietor of the premises
where the machine is to be installed.
[Amended 7-9-1986 by Ord. No. 86-15R]
C.
The period of the licenses granted herein shall be for one year,
commencing as of January 1 of the year of the issuance and expiring
on December 31 of the same year.
[Amended 12-28-1999 by Ord. No. 99-25R]
D.
The annual license fee shall be prorated any year when any amendments
to this section are adopted.
[Amended 12-28-1999 by Ord. No. 99-25R]
E.
The license fees hereunder are imposed for purposes of regulation
and revenue.
[Amended 12-28-1999 by Ord. No. 99-25R]
A.
The license shall be issued to and in the name of the proprietor
of the premises where the automatic amusement game is to be installed.
The license shall state the name and address of the licensee and the
maximum number of automatic amusement games which the licensee is
permitted to operate on the premises.
B.
The license shall be displayed in a conspicuous place in the room
where such automatic amusement games are to be operated.
The Mayor and Council may, upon application, in its discretion,
transfer the license from one premise to another.
Any person who shall use or permit to be used any of the machines
or devices licensed hereunder for the purpose of gambling shall be
deemed to be guilty of a violation of this chapter and shall be punishable
therefor as hereinafter provided.
Any person who shall knowingly permit a minor under the age
of 16 years to play or operate any of the machines or devices licensed
under this chapter shall be deemed to be guilty of a violation of
this chapter.
If the licensee shall be convicted of a crime or of a violation
of any ordinance involving gambling, the Mayor and Council shall immediately
revoke the license.[1]
[Amended 12-15-1971 by Ord. No. 631R; 12-28-1999 by Ord. No. 99-25R; 5-10-2005 by Ord. No. 05-10R; 6-13-2006 by Ord. No. 06-11R]
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be punished by a fine not exceeding $2,000
or by imprisonment for a term not exceeding 90 days; and/or be required
to perform community service for a term not exceeding 90 days.
