[HISTORY: Adopted by the Mayor and Council
of the Borough of Dunellen 8-3-1936. Amendments noted where applicable.]
It shall be unlawful to maintain, use, operate
or conduct 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, in the Borough of Dunellen, County of Middlesex,
State of New Jersey, or to permit such maintenance, use, operation
or conduct of any automatic amusement game or device of the type commonly
known and designated as bagatelle, automatic baseball, pin amusement
game or baffleboard, or any other automatic amusement device, unless
the owner of said game or machine has first obtained a license for
that purpose from the Mayor and Council of the Borough of Dunellen
pursuant to the provisions of this chapter.
Each application for a license under this chapter
shall be filed by the owner of the device sought to be licensed with
the Borough License Clerk, shall be in writing and shall set forth
the name and post office address of the applicant, his age and occupation,
the number and kind of devices sought to be licensed, the place where
the device or devices will be maintained or operated, whether or not
the applicant has ever been convicted of a crime or any violation
of a municipal ordinance involving gambling and such other information
as the Borough Council may deem necessary. All applications shall
be accompanied by the appropriate license fee hereinafter provided.
All applications shall be referred to the Law
and Ordinance Committee, which shall investigate the character and
fitness of the applicant and the place at which the device sought
to be licensed is to be maintained or operated, and said committee
shall promptly report to the Borough Council its findings and recommendations.
The applications shall thereupon be considered by the Borough Council,
which, in its discretion, may grant or refuse the license applied
for. Upon the granting of any license, the same shall be promptly
issued by the Borough License Clerk, and if the applications be rejected,
the fee accompanying the applications shall be promptly returned.
[Amended 4-1-2002 by Ord. No. 02.02; 4-7-2008 by Ord. No. 08-10]
The annual fee for an operator of any amusement
game, machine or device, which shall include the premises where the
game or games are located, shall be as follows:
Each license shall entitle the licensee to maintain
or operate the licensed device or devices only at the place designated
in the license and shall not be transferable from one person to another.
A licensee may be permitted to transfer the license, within the term
for which his is issued, to any other location, but he shall first
apply for and obtain the consent of the Borough Council to such transfer.
A licensee may, within the term for which the license is issued, substitute
or exchange for the device maintained or operated by him at the time
of the granting of his license any other device of like nature or
character.
A.
Each license issued pursuant to the provisions of
this chapter shall state the name and address of the licensee, the
nature or character of the device licensed, the amount of license
fee paid therefor and shall briefly state that the device or devices
therein designated is or are licensed for operation by the Borough
of Dunellen.
B.
Each license shall be prominently displayed near the
device thereby licensed.
No license shall be issued pursuant to the provisions
of this chapter, within the discretion of the Council, to any person
who shall have been convicted of a crime or the violation of any municipal
ordinance involving gambling.
A.
No device, game or amusement licensed pursuant to
the provisions of this chapter shall be used for purposes of gambling
or violating any of the ordinances of the Borough of Dunellen or any
of the laws of the State of New Jersey or the United States.
B.
Any person who shall use or permit to be used any
device licensed under the provisions of this chapter 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.
A.
Any license issued pursuant to the provisions of this
chapter shall be revoked by the Borough Council when deemed proper
if the licensee shall be found to have been, prior to the granting
thereof, convicted of a crime or the violation of any municipal ordinance
involving gambling, or who shall, after the granting thereof, be convicted
of a crime or the violation of any such municipal ordinance, and the
license may be revoked by the Borough Council for any other good cause.
B.
In case any license shall be revoked, the licensee
shall not be entitled to the return of any part of the license fee.
This chapter is enacted for the purpose of regulating
the maintenance, use and operation of amusement games or devices.
Any person who shall violate any of the provisions
of this chapter shall, upon conviction thereof, be punishable by a
fine of not more than $500 or imprisonment for not more than 90 days,
or both, in the discretion of the court.
As used in this chapter, the following terms
shall have the meanings indicated:
Any individual, firm or member thereof, partnership or member
thereof or corporation or officer or director thereof.
