Township of East Hanover, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of East Hanover 4-14-2003 by Ord. No. 7-2003; amended in its entirety 8-13-2007 by Ord. No. 18-2007. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 75.
Land use and zoning — See Ch. 95.

§ 59-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
AMUSEMENT AND ENTERTAINMENT MACHINE OR DEVICE
Any machine, contrivance or device which, upon the insertion of a slug, token, disc, key, coin or other legal tender into a slot, crevice or other opening, or by the payment of any price, operates or may be operated by the public generally. Group A of such shall include, without limitation, such devices as marble machines, pinball machines, mechanical games or machines, video games, and skillball. Group B shall include, without limitation, music devices which emit songs, music or similar amusement and shall also mean jukeboxes, pool or billiard tables and bowling alley devices; provided, however, that such devices shall be considered to be in Group A if played for a prize. As used in this chapter, the word "machine" shall include the word "device" and the word "device" shall include the word "machine."
ARCADE
A place where a single player may play any one of a number of machines or devices, upon payment of a fee, to attempt to obtain a prize or tickets or tokens redeemable for a prize, or to attempt to attain a score or result upon the basis of which a prize, ticket or token is awarded.
DISTRIBUTOR
Any person who supplies, offers or exhibits for sale, leases, sells or distributes automatic amusement machines or devices to any other person.
PERSON
Any individual, firm, corporation, partnership,association or entity.
PREMISES
Any building, business, store, restaurant, tavern or other place to which the public is invited or may enter.
PROPRIETOR
Any person who owns, leases, rents or operates any premises on or at which any automatic amusement device or machine is kept, placed or exhibited for use or operation by the public.
RECOGNIZED AMUSEMENT PARK
A commercially operated permanent business, open to the public at least 31 consecutive days annually, whose acreage is designed and themed for the primary purpose of providing participatory amusements incorporating rides or water slides licensed in accordance with N.J.S.A. 5:3-31 et seq., and food and merchandise concessions in permanent structures. Nothing in this definition shall prevent a license from being issued in any location which has had a license issued prior to the adoption of this chapter.

§ 59-2 Designation of amusement park boundaries.

It is hereby determined, declared and found that the Township of East Hanover contains a recognized amusement park as defined in N.J.S.A. 5:3-31 and this chapter, said location being designated as Lot 76 in Block 96 on the Tax Maps of the Township of East Hanover, and more commonly known as the "Funplex."

§ 59-3 License required for distribution.

A. 
No person shall supply, offer or exhibit for sale, sell, lease or distribute any automatic amusement device or machine in the Township of East Hanover without first obtaining a distributor's license.
B. 
The application for said license shall be made in duplicate and shall contain the following information:
(1) 
The name, date and place of birth, home address and business address, home telephone number and business telephone number of the applicant and each of its stockholders, officers and directors holding an interest of 10% or more in the business.
(2) 
The name and address of the registered agent of the applicant or person upon whom service of process is authorized to be made.
(3) 
The name, date and place of birth, home address and home telephone number of the manager or other authorized agent of the applicant who shall be in charge of or conduct the business of the applicant within the Township of East Hanover.
(4) 
If the applicant is a corporation of any type, there shall be included a corporate resolution in proper form authorizing the execution of the license application on behalf of the corporation.
(5) 
The application shall contain a certification under oath, made by the applicant or its authorized representative, that the information contained in the application and all attachments thereto is complete, accurate and truthful to the best of said person's knowledge and belief.
C. 
The Township Clerk shall promptly forward a copy of the application and accompanying materials to whatever departments or divisions in the Township of East Hanover have jurisdiction to inspect and comment upon the application, including but not limited to the Police Department.
D. 
The Township Clerk shall ensure that the license application and all attachments thereto are complete and those persons whose names are required to be disclosed on the application are in fact disclosed thereon. If the application and all attachments thereto are complete, and if no objections are received from any of the departments/divisions to whom the application and attachments are forwarded for investigation and/or comment, the Township Clerk shall grant the license. If the license application and all attachments are not complete and/or if any objections or adverse reports are received concerning the application from any of the departments/divisions to whom the application and attachments are forwarded for investigation and/or comment, the Township Clerk shall refer the matter to the Township Council of the Township of East Hanover for a hearing, and the Township Council shall decide whether the applicant is entitled to receive a license, after notice and an opportunity to be heard have been granted to the applicant. The applicant shall be given at least 10 days' notice of said hearing, and at the hearing the applicant may submit relevant information on his/her behalf. The rules of evidence shall not apply at such hearing, but all interested parties shall have the opportunity to present his/her/their case and to be represented by counsel. In making a decision on issuance of the license, the Township Council shall base its decision on the health, safety, morals and general welfare of the Township of East Hanover.
E. 
It shall be a violation of law to possess and/or store any coin-operated, money-operated, remote-control-operated and/or thing of value-operated gambling device, such as, but not limited to, Joker Poker, dice, keno, horse racing, roulette, playing cards, lotto or lottery-type amusement devices or any other such type of machine readily capable of being converted by the internal technology of the coin-operated machine to any gambling device within the categories above. The machine or machines in question need not be operational to be in violation of this section.

§ 59-4 License required for premises.

A. 
No license shall be issued to authorize the operation and conduct of any amusement game which shall be such devices designated as Group A in § 59-1 above unless the game is:
(1) 
Played for amusement or entertainment;
(2) 
One in which the person or player actively participates;
(3) 
One in which the outcome is not in the control of the operator; and
(4) 
One which is so conducted that when and where all of the players are present there occurs in continuous sequence:
(a) 
The sale of a right to participate;
(b) 
The event which determines whether a player wins or loses; and
(c) 
The award of a merchandise prize or tokens or tickets which may be accumulated or immediately redeemable for a merchandise prize.
B. 
No person shall keep, place or exhibit any automatic amusement device or machine for use or operation of the public on or at any premises in the Township of East Hanover without first obtaining an operator's license for such premises.
C. 
The application for an operator's license shall contain the following information:
(1) 
The name, date and place of birth, home address and business address, home telephone number and business telephone number of the applicant and each of its stockholders, officers and directors holding an interest of 10% or more in the business.
(2) 
The name and address of the registered agent of the applicant or person upon whom service of process is authorized to be made.
(3) 
The name and license number of the distributor of each amusement or entertainment device or machine sought to be operated.
(4) 
The application must be accompanied by a valid certificate of occupancy (or continued certificate of occupancy) issued to the present owner/occupant by the Office of Code Enforcement of the Township of East Hanover.
D. 
The Township Clerk shall promptly forward a copy of the application and accompanying materials to whatever departments or divisions in the Township of East Hanover have jurisdiction to inspect the premises and comment upon the application, including but not limited to the Police Department, Fire Department, Health Department, Construction Official and Zoning Official. Such departments/divisions shall submit in writing a report to the Township Clerk who, in accordance with the standards set forth herein, may grant or refuse the license. If the license is granted, the Township Clerk shall forthwith issue the license upon payment of the licensing fee.
E. 
The person or persons operating the premises where any amusement or entertainment device or machine is located shall be liable and responsible for the proper operation thereof, regardless of whether he/she/they is/are the actual owner(s) of the machine or has/have rented the same, but this shall not in any way release the actual owner of the machine or device from liability or responsibility for violation of this chapter or any ordinance of the Township of East Hanover.
F. 
A proprietor's license shall not be transferred or assigned. Specifically, but not by way of limitation, a proprietor's license shall not run with the premises, nor shall sale of the premises effectuate a transfer of the license.

§ 59-5 Prohibited activities; modifications to license application to be reported.

A. 
The proprietor shall not permit, suffer or allow any person to bet or gamble in any form or manner on the licensed premises and shall prevent any immoral or illegal conduct or activity from occurring.
B. 
No person on the licensed premises shall have illegally in his/her possession or under his/her control or offer to another any controlled dangerous substance, nor shall the proprietor permit, suffer or allow any such person on the licensed premises.
C. 
No proprietor shall permit, suffer or allow the unlawful possession, consumption or sale of alcoholic beverages upon the licensed premises.
D. 
No proprietor shall permit the operation of any amusement or entertainment machine or device upon premises licensed for the sale and/or consumption of alcoholic beverages during the hours when such premises is required by ordinance to be closed.
E. 
The proprietor shall at all times maintain good order upon the licensed premises and shall not permit, suffer or allow any disturbance, congestion, or loitering upon the licensed premises.
F. 
No device or machine shall be permitted to cause any unnecessary or unwanted noise or commotion nor otherwise interfere with the public health, welfare and morals, and no machine or device shall be operated in such manner that noise or sound emitted thereby or therefrom shall be heard outside the licensed premises.
G. 
No song shall be played or words spoken on any machine or device which violates the community standards.
H. 
No proprietor shall offer or permit to be offered any prize or other award to any person playing any machine or device.
I. 
No machine or device shall be located in what is commonly referred to as a "back room" nor in any part of the licensed premises which is not open to the general public.
J. 
No licensed premises shall be without adequate sanitary facilities nor contain any fire, health or safety hazard.
K. 
No licensee nor his/her agents, officers or servants shall, by threats, promises or intimidation, seek to control or direct the placement or removal of any device or to control the placement of any such device or machine in the Township of East Hanover, and any such threats, promises or intimidation shall be reported immediately to the police.
L. 
No licensee shall neglect or fail to report promptly to the Police Department any violation of any law or ordinance occurring on the licensed premises, nor shall any licensee neglect or fail to report promptly to the Township Clerk any conduct or activity prohibited by this chapter.
M. 
Each licensee, distributor or proprietor shall promptly report in writing to the Township Clerk any change, addition or deletion of the information furnished on the license application and all material attached thereto, and this obligation shall be fully met during the term of any license or renewal thereof.
N. 
No licensee shall refuse to cooperate fully with the Township Clerk or with any law enforcement agency or officer, or with any official of the Township of East Hanover with jurisdiction over the premises, nor shall any such licensee, operator or owner-operator refuse to produce and make available all records relating to the purchase or distribution of such devices. No such licensee, operator or owner-operator shall refuse access to the premises to the Township Clerk nor to any member of the departments of police, fire, health or land use nor to any law enforcement agency or officer.
O. 
No person or business entity shall have more than three amusement or entertainment machines or devices as defined in § 59-1 hereof without complying with those restrictions which pertain to arcades.

§ 59-6 License fees.

A. 
Fees for distributor's licenses shall be as follows:
(1) 
One to nine machines placed in the Township of East Hanover: $300.
(2) 
Ten to 19 machines placed in the Township of East Hanover: $400.
(3) 
Twenty to 29 machines placed in the Township of East Hanover: $500.
(4) 
Thirty or more machines placed in the Township of East Hanover: $650, plus $10 per machine beginning with the 31st machine.
B. 
Fees for proprietor's licenses shall be as follows:
(1) 
A separate license shall be issued for each specific kind of game authorized to be held, operated or conducted on the licensed premises by the licensee, and a separate license shall be issued for each place at which the licensee is authorized to hold, operate or conduct such game, except that a single license may be issued for all games classified under Certification No. 2 pursuant to N.J.A.C. 13:3-7.9(a)2 and operated in an arcade at a single location.
(2) 
The fees for the type of licenses designated as Group A in § 59-1 above to be issued hereunder shall be as follows, and the said fees shall accompany the application for said licenses:
(a) 
Games permitted under Category and Certification No. 1, as defined by N.J.S.A. 5:8-100 et seq. and N.J.A.C. 13:3-7.9, shall be $300.
(b) 
Games permitted under Category and Certification No. 2, as defined by N.J.S.A. 5:8-100 et seq. and N.J.A.C. 13:3-7.9, shall be $500 for every 50 machines. An additional license is required for each additional 50 machines or any fraction thereof.
(c) 
Games permitted under Category and Certification No. 3, as defined by N.J.S.A. 5:8-100 et seq. and N.J.A.C. 13:3-7.9, shall be $250.
(d) 
Games permitted under Category and Certification No. 4, as defined by N.J.S.A. 5:8-100 et seq. and N.J.A.C. 13:3-7.9, shall be $500.
(e) 
Games permitted under Category and Certification No. 5, as defined by NJ.S.A. 5:8-100 et seq. and N.J.A.C. 13:3-7.9, shall be $500 for the first 15 feet plus $25 per each additional five feet or fraction thereof.
(f) 
Games permitted under Category and Certification No. 6, as defined by N.J.S.A. 5:8-100 et seq. and NJ.A.C. 13:3-7.9, shall be $200.
(g) 
Games permitted under Category and Certification No. 7, as defined by NJ.S.A. 5:8-100 et seq. and N.J.A.C. 13:3-7.9, shall be $200.
(h) 
Games permitted under Category and Certification No. 8, as defined by N.J.S.A. 5:8-100 et seq. and N.J.A.C. 13:3-7.9, shall be $500.
(3) 
The fees for the type of licenses designated as Group B in § 59-1 above to be issued hereunder shall be as follows, and the said fees shall accompany the application for said licenses:
(a) 
One to three machines or devices: $50 per machine or device for all or any part of the annual period.
(b) 
Per jukebox or other music machine or device for all or any part of the annual period: $50.
(c) 
For each transfer of a license from one machine or device to another machine or device of the same category: $15.

§ 59-7 Contents of license; payment of fees; expiration.

A. 
Each type of license, when issued, shall designate the number, type and serial number of machines or devices operated hereunder.
B. 
Each such license shall bear a number, and the number of that license shall be placed in some permanent way upon each machine or device operated or distributed under this chapter.
C. 
All license fees shall be paid to the Township of East Hanover prior to the issuance of a license, and all licenses shall expire on December 31 next succeeding the date of issuance.
[Amended 12-12-2011 by Ord. No. 11-2011]

§ 59-8 Posting of license; transferability.

A. 
Each license shall be posted prominently and conspicuously in the licensed premises.
B. 
Any such license may be amended to evidence the transfer of one machine or device to another similar machine or device, upon application to the Township Clerk, giving a description by type, manufacturer and serial number of such other machine or device.
C. 
A license shall not be transferable from person to person or place to place. The license shall be valid only for the licensee at the place designated on the license.

§ 59-9 Revocation of license; hearing.

A. 
Every license issued hereunder is subject to revocation if any of the following occurs:
(1) 
The violation of any provision of this chapter.
(2) 
Any misstatement or omission in the license application or in any information submitted therewith or the failure to notify, in writing, the Township Clerk of any changes by addition or deletion or amendment to said application or information during the term of said license or renewal.
B. 
The determination on revocation shall be made by a panel of three persons who shall hold a hearing in the manner and in the fashion and on the terms described in §§ 59-9 and 59-10 of this chapter. The panel shall consist of the Township Administrator, the Township Clerk and a distributor or proprietor to be appointed by the Mayor; provided, however, that if there is only one distributor or one proprietor licensed, the Mayor shall select a businessperson from the Township as the third member of the panel.
C. 
Prior to revoking any license, the licensee shall be given notice by the Township Clerk of the right to a hearing. Such notice shall include the grounds upon which revocation may be based and a date for a hearing, if requested, which shall be scheduled not fewer than 15 days from date of notice. The applicant shall be given at least 10 days' notice of said hearing, and at the hearing the applicant may submit relevant information on his/her behalf. The rules of evidence shall not apply at such hearing, but all interested parties shall have the opportunity to present his/her/their case and to be represented by counsel. Any appeal from the decision of said panel shall be to the Township Council which may affirm, amend or reject the decision of the panel based upon the record below. Any appeal from the decision of the Council shall be to the Superior Court of New Jersey.

§ 59-10 Seizure of devices; hearing.

A. 
If a police officer of the East Hanover Police Department shall have probable cause to believe that any such machine or device is used for gambling, such machine or device may be seized and removed from the premises by the Police Department or its authorized agents, and such machines or devices shall be impounded and considered as contraband by law. Said machine or device shall not be released until proper ownership and/or licensing fees are paid and properly presented, together with a removal/storage charge of $350 per machine or device seized. Those removing the device or machine shall report to the Police Chief any obvious damage to the property to be seized. Any person aggrieved by the provisions of this subsection may demand a hearing, in writing, by directing same to the Township Clerk.
B. 
If no person claims the machine or device within 120 days from the date of seizure, said machine or device may be destroyed or otherwise disposed of in accordance with state statute or local ordinance.
C. 
If any person is aggrieved by the seizure of any device or machine, said person may demand, in writing to the Township Clerk, a hearing and such hearing shall be held within 10 days from the receipt of such demand. In the event that the panel constituted as set forth in § 59-9C above finds that the seizure was justified under the provisions of this chapter, the provisions of § 59-10 of this chapter shall be followed and shall continue to be followed. In the event the panel finds the seizure was not justified, the machines and/or devices shall be returned to the person and place whence they were seized forthwith, but such person or persons shall have no further remedy against the Township of East Hanover.

§ 59-11 Exemptions.

The provisions of this chapter requiring a proprietor's license shall not apply to any church, fraternal or veterans organization, religious or charitable organization which operates any machine or device exclusively for the use of its members on premises owned or controlled by it. This provision expressly does not exempt any social club from the requirements hereof.

§ 59-12 Hours of operation; proximity to certain buildings.

A. 
Amusement or entertainment machines or devices, excluding jukeboxes, shall not be operated between the hours of 3:00 a.m. and 7:00 a.m.
B. 
Any and all coin-operated machines or devices in excess of three in one location may not be located within 500 feet of the property line of any public or private school or house of worship, such measurement to be taken in the most direct line from the proposed licensed premises to the property line. It is the intent of this restriction to eliminate the potential of establishments having three or more machines or devices covered by this chapter to entice school students to in any way avoid obligations at the schools or houses of worship.

§ 59-13 License applications to be kept on file.

The owner of any premises in which a license for one or more machines or devices covered by this chapter is required shall be required to keep on file each application for a license for amusement or entertainment machines or devices. Such information shall be kept on file in an orderly fashion in a location known to all owners of said premises and personnel employed in said premises. Upon request by any law enforcement official of the Township of East Hanover, any owner of said premises or any employee at said premises shall furnish such information to said law enforcement official.

§ 59-14 Compliance with other regulations.

Every person seeking licensure hereunder shall comply with all state statutes, municipal ordinances and regulations, building and fire code regulations, zoning code requirements as well as all other statutes, ordinances or regulations relevant to the premises prior to receiving a license.

§ 59-15 Violations and penalties.

A. 
Any person violating any provision of this chapter or failing to comply therewith may be punished by a fine of not less than $ 100 but not to exceed $1,200, 90 days in jail, or both, and a separate offense shall be deemed committed for each separate violation of the provisions of this chapter and for each day during or on which the said violation occurs or continues.
B. 
Upon a second conviction within a licensing year, the license of the convicted distributor or operator shall be revoked automatically and said distributor or operator shall be prohibited from transacting the business of distributing or operating within the Township of East Hanover.
(1) 
The distributor or operator who has been twice convicted within a licensing year shall forthwith surrender to the Township Clerk its license to transact the business of distributing or operating in the Township of East Hanover and shall, if a distributor, remove all machines and devices it has distributed from the Township or, if an operator, cause to have removed from its premises all machines and devices; provided, however, that the convicted distributor or operator may appeal to the Township Council by notifying, in writing, the Township Clerk of its desire to appeal.
(a) 
The Township Clerk shall schedule the hearing at the next meeting of the Township Council which is at least 10 days after the receipt of the appeal.
(b) 
During the pendency of the appeal, the distributor or operator may continue to transact the business of distributing or operating, provided that the violations upon which the conviction was based have been abated.
(c) 
The distributor or operator who requested the appeal may appear before the Township Council pro se or may be represented by counsel, and it shall be incumbent upon the distributor or operator so appearing to show cause why its license should not be revoked.
(2) 
Any distributor or operator who has been convicted on violations of this chapter two or more times within any three-year period shall not be granted a renewal of its license thereafter until the application for renewal has been referred to the Township Council for review. If; upon such review, the Council determines that it does not wish to renew the license, it shall schedule a hearing at its next regular meeting, at which time the distributor or operator whose license is at issue may appear before the Township Council pro se or may be represented by counsel, and it shall be incumbent upon the distributor or operator so appearing to show cause why its license should be renewed.