[HISTORY: Adopted by the Mayor and Council
of the Borough of Woodcliff Lake 8-4-1980 by Ord. No. 80-16 (Ch.
66 of the 1985 Code). Amendments noted where applicable.]
This chapter may be cited and referred to as
the "Woodcliff Lake Amusement and Entertainment Device Ordinance."
It is the intent and purpose of this chapter
to restrict the number and location of amusement and entertainment
devices in the municipality and provide for the licensing and regulation
of the installation and operation of such devices.
For the purpose of this chapter, the following
terms, phrases, words and their derivations shall have the meanings
given herein:
Any automatic, mechanical or electronic game, contrivance
or device or skill or entertainment which is operated or set in motion
by the deposit therein of any coin, token or slugs purchased for cash.
This term shall include any device, whether or not it registers a
score, and shall further include, without limitation, such devices
as pinball machines, bagatelle machines, pong or other types of electronically
operated game devices, skill ball, mechanical games, or other games
similar thereto, by whatever name they may be called. Excluded from
this definition are music vending machines commonly known as "jukeboxes,"
as well as vending machines for the sale of merchandise.
Any person who leases, rents out or places under any kind
of arrangement, within the Borough of Woodcliff Lake, one or more
amusement or entertainment devices displayed for public patronage
or which is placed or kept for operation by the public.
Any person who owns or controls premises within the Borough
of Woodcliff Lake in which a coin-operated amusement or entertainment
device is displayed for public patronage or kept for operation by
the public.
Any natural person, partnership, firm, association, corporation
or any other business entity.
A.
General. No person shall install, place, maintain
or operate in any store, place of business, building, public place
or any place wherein the public is invited or may enter, within the
Borough of Woodcliff Lake, any coin-operated amusement or entertainment
device without first obtaining a license for such coin-operated amusement
and entertainment device.
B.
Exemptions.
(1)
Nonprofit organizations. There is hereby exempted
from said licensing requirement all organizations, associations and
corporations not for profit whose primary activity is religious, educational,
eleemosynary or fraternal; provided, however, that such organizations,
associations and/or corporations shall not maintain, place or install
more than three coin-operated amusement devices in or about any single
premises or location.
(2)
Regulation. All other requirements concerning the
location and use of coin-operated amusement and entertainment devices
shall apply to coin-operated amusement devices exempt from the licensing
requirement.
No more than five licenses shall be issued for
the placement, installation, maintenance, operation or possession
of coin-operated amusement and entertainment devices in or about any
single premises or location, except hotels and motels which shall
have no more than one coin-operated amusement and entertainment device
per 15 hotel and motel rooms.
[Amended 4-15-1985 by Ord. No. 85-4]
A license fee as provided in Chapter 163, Fees, for each device licensed hereunder shall be payable annually by the licensee. The term of the license shall be from July 1 until June 30 of the following year.
Applications for licenses shall contain the
following information:
A.
The name, date, place of birth, home address, home
telephone number and business telephone number of the prospective
operator. In the event the prospective operator is a corporation,
the information shall be furnished for each stockholder owning more
than 10% of the outstanding stock of the corporation, and its officers
and directors. In the event that the prospective operator is a noncorporate
business entity, the information shall be furnished for each person
having more than a ten-percent interest in such business entity and
its managing agents.
B.
The name and address of the registered agent of the
prospective operator or person upon whom service of process is authorized
to be made.
C.
The name, date, place of birth, home address, home
telephone number and business telephone number of the prospective
owner. In the event the prospective owner is a corporation, the information
shall be furnished for each stockholder owning more than 10% of the
outstanding stock of the corporation, and its officers and directors.
In the event the prospective owner is a noncorporate business entity,
the information shall be furnished for each person having more than
a ten-percent interest in such business entity, and its managing agents.
D.
A description of the coin-operated amusement and entertainment
device and the precise location where such device will be placed.
Applications for licenses shall be filed with
the Borough Clerk, together with payment of the license fee. The Borough
Clerk shall then forward a copy of the application to the Fire Prevention
Bureau of the Woodcliff Lake Fire Department and to the Woodcliff
Lake Construction Official for their approval of the proposed location
of the coin-operated amusement and entertainment device.
The Fire Prevention Bureau of the Woodcliff
Lake Fire Department and the Woodcliff Lake Construction Official
shall investigate the proposed location of the coin-operated amusement
and entertainment device to determine whether the proposed location
of such device will cause any threat to the public safety of anyone
using the premises and shall report, in writing, their findings to
the Borough Clerk. No coin-operated amusement or entertainment device
shall be placed in a location not approved by the Fire Prevention
Bureau of the Woodcliff Lake Fire Department and the Woodcliff Lake
Construction Official.
Upon receipt of the written report from the
Fire Prevention Bureau of the Woodcliff Lake Fire Department and the
Woodcliff Lake Construction Official approving the proposed location
of the coin-operated amusement and entertainment device, the Borough
Clerk shall issue a license for said device.
No owner, operator or licensee shall permit
the use of any coin-operated amusement or entertainment device:
Every license issued pursuant to this chapter
shall be subject to revocation by the governing body should the owner
and/or operator violate any of the provisions of this chapter.
[Amended 4-15-1985 by Ord. No. 85-4[1]]
Any person violating any of the provisions of
this chapter shall, upon conviction, be punishable by one or more
of the following: a fine of not more than $2,000, imprisonment for
not more than 90 days, or a period of community service not to exceed
90 days, in the discretion of the court.
