Borough of Netcong, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Netcong 7-11-1972 as Ch. 30 of the 1972 Code; amended in its entirety 4-12-1983. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Circuses and carnivals — See Ch. 135.
Curfew — See Ch. 144.
Loitering — See Ch. 202.
Peace and good order — See Ch. 220.

§ 101-1 License required; definitions.

A. 
No person shall display, place, maintain or keep for operation any amusement machine, as hereinafter defined, on or within any public place where permitted without having first obtained a license for the premises or without having first paid the required fee for such machines.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
AMUSEMENT MACHINE
Any machine or device which may be operated by the public for use as a game, entertainment or amusement, and shall include devices, such as marble machines, skill ball, pinball, mechanical grab machines, the machine or contrivances commonly known as "bagatelle," "baseball," "hockey," football," "pool table," "target shooting," "shuffleboard" or "shuttle alley," "bowling" or any similarly named device, or any device which utilizes an electron (television) tube to reproduce symbolic figures and lines intended to be representative of real games or activities; but excluded shall be any device whether operated by coin or not which only provides a ride, sensation, electronic reading or weight for use by and to the amusement of the public.

§ 101-2 Application for license.

An application, sworn to by the applicants, to license a premises for use and operation of amusement machines, either as a primary or accessory use, shall be filed annually with the Borough Clerk on forms supplied by the Clerk. The forms shall require the following information and such additional information as deemed necessary:
A. 
Name of applicant and address.
B. 
Address of the premises where the machines are to be maintained, operated or used and the operating area by square footage.
C. 
Number of machines to be installed on premises.
D. 
Whether the applicant, or any partner, officer, director or stockholder owning more than 10% of the outstanding shares thereof, has been convicted of:
(1) 
A crime;
(2) 
A violation of any ordinance involving gambling; or
(3) 
A violation of this chapter.
E. 
Consent of owner or lessee of said premises if other than applicant.

§ 101-3 Investigation of applicant.

A. 
When the aforesaid original application or renewal is properly filled out and signed by the applicant and indicates that the premises will contain more than five amusement machines or less than five amusement machines where said use is the primary use, the duplicate thereof will be referred to the Chief of Police, who shall make or cause to be made investigation of the applicant's business responsibility and moral character as he deems necessary for the protection of the public good.
B. 
The Chief of Police shall issue a report of such investigation to the Borough Council, which report shall address but not be limited to the following areas:
(1) 
Conviction of any crime involving moral turpitude.
(2) 
Previously fraudulent acts of conduct.
(3) 
False statements contained in the application.
(4) 
Evidence of bad character.
(5) 
Prior performance under this chapter.

§ 101-4 Issuance of license; display.

A. 
The Borough Council shall review the annual application and investigation report of each applicant. The Council shall approve or deny the application, taking into consideration the factors set forth in § 101-3B.
B. 
Any applicant who is denied a license may in writing request a hearing on the same before the Borough Council.
C. 
The license shall be displayed in a conspicuous place on the premises prior to the opening of the premises for business.

§ 101-5 Fees; license restrictions.

A. 
The annual license fee for each and every premises on which more than five amusement machines are located or less than five amusement machines where said use is the primary use shall be $500.
B. 
In addition to Subsection A above, there shall be an annual fee of $50 per machine for each machine.
C. 
For each and every jukebox or similar device, there shall be a fee of $10 per machine.
D. 
No more than one machine per 30 square feet shall be allowed on the licensed premises, with a minimum distance of one foot between each amusement machine.
E. 
The premises' license may not be transferred within the calendar year for which it is issued, individual machines may be exchanged during the year without payment of additional machine fees, provided that the total number of machines listed on the license is not exceeded.
F. 
The annual license fee and the per-machine fee required in this section shall be due and payable on or before January 1 of each year. Said license shall be issued for the calendar year commencing January 1 and expiring December 31. Said license shall be renewed annually on or before December 31 by the filing of a written application accompanied by the annual license fee and per-machine fee for each renewal. The license fee and per-machine fee for any license issued in any calendar year after July 1 shall be 1/2 of the annual and per-machine fees.

§ 101-6 Hours of operation; operation by minors.

[Amended 8-9-1983]
A. 
Hours of operation.
(1) 
All amusement machines licensed to primary establishments under this chapter shall be operated only during the following hours:
Days
Hours
Monday through Thursday
11:00 a.m. to 11:00 p.m.
Friday
11:00 a.m. to 12:00 midnight
Saturday
10:00 a.m. to 12:00 midnight
Sunday
12:00 noon to 10:00 p.m.
(2) 
No premises wherein the operation of amusement machines is the primary or accessory use shall permit children under 18 years of age to operate any amusement machine prior to 3:00 p.m. on Monday through Friday when any schools located in the Borough of Netcong are in session.
B. 
Play by persons under the age of 18 years prohibited unless accompanied by an adult. It shall be unlawful for any licensee, his agent, servant or employee to permit, suffer or allow a person under the age of 18 years to operate any amusement machine, wherein the operation of amusement machines is the primary or accessory use, between the hours of 9:00 p.m. and 11:00 a.m. on Sunday through Thursday when any schools located in the Borough of Netcong are in session, unless said person is accompanied by an adult.

§ 101-7 Supervision.

In all premises wherein the operation of amusement machines is the primary use, the licensee shall employ one or more adult supervisors, one of whom shall be present at all times when the premises are in operation, and whose sole responsibility shall be the control and supervision of the games and the patrons of the premises. A current list of said supervisors shall be filed with the Borough Police Department. In all premises wherein the operation of amusement games is an accessory use, the licensee or a designated employee may serve as supervisor in addition to other duties.

§ 101-8 Gambling and free prizes prohibited; conduct of patrons.

A. 
It shall be unlawful for any licensee or his agents, servants or employees to knowingly permit, suffer or allow an amusement machine licensed hereunder to be used for gambling purposes, nor shall they offer, permit, suffer or allow any prize or return of money on such machine. No person shall use any such machine for the purposes of gambling of any kind. Nothing herein shall prevent bonus games built into the machine from being awarded.
B. 
No licensee shall permit any disorderly, lewd, dissolute, drunken, obnoxious or boisterous person or any persons under the influence of intoxicating liquor or controlled dangerous substance to be admitted to or remain on or about the licensed premises.

§ 101-9 Suspension and revocation of license.

A. 
Any license or permit may be suspended or revoked for good cause, including but not limited to a misrepresentation of the information supplied in the application for such license or the conviction of a crime or a violation of any ordinance, statute or government regulation involving gambling or a violation of this chapter.
B. 
In such cases, the licensee shall be entitled to a notification of the charges against him, the right to a hearing before the governing body and the right to be represented by counsel and to call witnesses at such hearing. The evidence against the license holder shall be presented by the police officer or officers making the charges and in the discretion of the Chief of Police or the governing body the charges against the license holder shall be presented by the Municipal Prosecutor. Witnesses may be called by either the prosecution of the license holder and the right of cross-examination shall be afforded to all parties. The Council shall render its decision within 30 days after completion of the hearing.

§ 101-10 Enforcement.

The Borough Clerk shall be responsible for the licensing of premises and the collection of machine fees. This chapter shall otherwise be enforced by the Netcong Police Department.

§ 101-11 Violations and penalties.

[Amended 8-10-2006 by Ord. No. 2006-20]
Any person, firm, or corporation violating any of the provisions of this chapter shall be subject to such penalties as are provided for in Article I of Chapter 1 of the Code of the Borough of Netcong.