Borough of Spotswood, NJ
Middlesex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Derived from Secs 7-8 and 7-8A of the 1969 Revised General Ordinances of the Borough of Spotswood (adopted by the Borough Council 5-11-1970 by Ord. No. 278, as amended through 9/94). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. II.
Duty of Police Department to inspect places of amusement — See Ch. 2, § 2-8C.
Schedule of Fees — See Ch. 91, Art. I.
Games of chance — See Ch. 107.
Licensing — See Ch. 127.
Loitering — See Ch. 132.

§ 43-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:
GAME ROOM
A facility whose sole or primary function is that of offering the operation of mechanical amusement devices to the public.
MECHANICAL AMUSEMENT DEVICE
Any machine or contrivance which, upon the insertion of a coin, slug, token, plate or key of any nature, may be operated by the general public as a game, entertainment or amusement, whether or not such machine or contrivance registers scores or tallies of any kind. The term shall include devices commonly known as marble machines, video games, pinball machines, skill ball, mechanical grab machines and all other similar games, operations and transactions, under whatever name or disguise they may be offered.
OPERATOR
Any person in whose place of business one or more mechanical amusement devices are placed or kept for operation by the public.

§ 43-2 Purpose.

A. 
The purpose of this article shall be to regulate the licensing and use of coin-controlled amusement devices to preserve and protect the public good, welfare and morals.
B. 
All fees specified in and required by this article are imposed to defray the cost of regulation and for revenue where such is permitted by state law.

§ 43-3 License required.

A person or business entity which displays for public patronage a mechanical amusement device shall be required to obtain a license from the Borough.

§ 43-4 Application for license; requirements.

A. 
The offering of mechanical amusement devices for public operation shall be limited to business establishments operating a game room or to ancillary operations of establishments, which serve food, or some other consumable commodity for which the public may be required to wait while its preparation is completed.
B. 
Application for the license prescribed by this article shall be made to the Borough Clerk on forms supplied by the Clerk, and executed in duplicate. The application shall contain the following information in addition to that required by Chapter 127, Licensing:
(1) 
The address of the place where the machine or device is to be displayed or operated, together with a statement describing the type of business conducted at the premises.
(2) 
A description of the machine for which license application is made, including the name of the manufacturer and serial number if any. Personal information as requested in Chapter 127, Licensing, concerning the applicant, if an individual and concerning each stockholder holding 10% or more of the stock of the corporation, each officer and each director, if the applicant is a corporation, and concerning the partners, including limited partners, if the applicant is a partnership, and concerning the manager or other person principally in charge of the business premises.
(3) 
A statement as to whether or not the applicant has been previously licensed by any public governmental authority to maintain coin-controlled amusement devices for use by the public or has previously applied for such a license, and whether or not such a license has been denied, revoked or suspended and the reason therefor. A complete set of fingerprints shall be retained on file by the Police Chief or his authorized representative.
(4) 
Written authorization for the Borough, its agents or its employees to seek information and conduct an investigation into the truth of the statements set forth in the application.
(5) 
Written declaration by the applicant, under penalty of perjury that the foregoing information contained in the application is true and correct. Such declaration shall be made before an individual authorized to administer oaths within the State of New Jersey. Such individual shall affix his sign or seal thereto.

§ 43-5 Investigation of applicant.

A. 
The Borough Clerk, upon receiving the application and fee, shall submit a copy to the Police Chief who shall conduct an investigation into the applicant's moral character, personal and criminal history. He may, in his discretion, require a personal interview with the applicant and such further information as shall bear on the investigation.
B. 
The Division of Inspections shall also inspect the premises to make sure that any code violations which may exist are identified and corrected.
C. 
No license shall be issued to any person who is less than 21 years of age.

§ 43-6 Conditions for issuance of license.

The Borough Clerk shall issue a license within 45 days of receipt of the application, after verifying the following information:
A. 
The correct license fee has been tendered with the application.
B. 
The maintenance or use of such device or devices would comply with all applicable laws, including but not limited to building, zoning and health regulations, and requirements set forth herein.
C. 
The applicant, if an individual, or any of the stockholders holding 10% or more of the stock of the corporation, any of the officers or directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, and the manager or other person principally in charge of the operation of the business have not been convicted of any crime involving dishonesty, fraud, deceit or moral turpitude, unless such conviction occurred at least five years prior to the date of the application.
D. 
The applicant has not made any false, misleading or fraudulent statement of fact in the application or in any document required by the Borough in conjunction therewith.
E. 
The applicant has not had a similar license denied, revoked or suspended within five years prior to the date of the application.
F. 
The applicant, if an individual, or any of the officers or directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, or the manager or other person principally in charge of the premises in which the devices are located shall not be less than the age of 21 years.

§ 43-7 License fees.

An operator shall be charged a fee as specified in § 91-6 of Chapter 91, Fees, annually for each license.

§ 43-8 Separate license required.

A separate license shall be obtained for each coin-controlled amusement device and shall be affixed thereto by the licensee.

§ 43-9 Expiration of license.

All licenses shall expire on June 30 of each year.

§ 43-10 Content of license.

Every license shall be numbered and shall disclose on its face the name and post office address of the licensee to whom it is issued and the address wherein the devices shall be located.

§ 43-11 Display and transfer.

A. 
A license may be transferred from one machine or device to another similar machine upon application to the Borough Clerk, which shall include a description and the serial number of the new machine or device.
B. 
If the licensee moves his place of business to another location within the Borough, the license may be transferred to the new location upon application to the Borough Clerk, giving the street and number of the new location. The new location shall be approved by the Chief of Police in the same manner as provided in § 43-6.

§ 43-12 Suspension or revocation of license.

A. 
Every license shall be subject to revocation if the licensee directly or indirectly permits the operation of any machine or device contrary to the provisions of this article and other sections of the Borough laws or the laws of New Jersey.
B. 
Upon presentation by the Chief of Police to the Council of a specific complaint, the Clerk shall serve the licensee concerned with a written notice which shall detail the specific section of the laws of New Jersey allegedly violated by the licensee. The notice shall also set a date for a public hearing on the charge(s) indicated, provided that such date shall be at least 10 days after the service of the written notice. If at the conclusion of the public hearing a majority of a quorum of the Borough Council finds the particular licensee guilty, his/her license may be revoked or suspended.
C. 
Pending a hearing or notice thereof, the Clerk may suspend temporarily any such license when it is deemed to be immediately necessary to prevent emergent danger to the public welfare, good or morals. Any such temporary suspension without notice shall be for a period of not longer than 10 days.
D. 
The provisions hereinabove shall be deemed supplementary to and not in lieu of any provision in any other section of this chapter for revocation or suspension of licenses.
E. 
All licenses under this article shall be issued subject to state law, this article and other applicable ordinances and police regulations of the Borough.

§ 43-13 Prohibitions and restrictions.

A. 
No operator shall knowingly permit any person convicted of a crime to be associated with him/her in the management of the business or to be an employee or to loiter on the premises.
B. 
No operator shall offer, or permit to be offered, any prizes or awards, whether cash or otherwise, as an inducement to use such machines.
C. 
No operator shall permit any criminal activity or any other activity on the licensed premises which is immoral or which creates an undue amount of noise or a breach of the peace occurring therefrom or any criminal activity.
D. 
No game room shall be open, nor shall an operator permit a game room to be open, during regular scheduled hours of the Spotswood High School. Any period of time that the high school is not open for educational purposes, such as holidays, vacations, weekends and summer vacations, such game room may be open and operable in accordance with the terms of this article.

§ 43-14 Number of game rooms restricted.

There shall be no more than three game rooms operating with the Borough.

§ 43-15 Number of devices limited.

No persons shall place, maintain, control, conduct or operate more than two of the aforesaid devices in any one business establishment, except one meeting the definition of a game room. There shall be at least 500 square feet of floor area for each such device.

§ 43-16 Location restrictions.

A. 
No mechanical amusement device as defined herein shall be located in any premises within 200 feet of a church, nor shall any mechanical amusement device as defined herein be located in any premises within 200 feet of a school unless the normal hours of business do not coincide with normal school hours.
B. 
Game rooms shall be restricted to business or commercial districts.
C. 
No game room shall be permitted within 500 feet of a presently operating game room.

§ 43-17 Gambling devices prohibited.

Nothing in this article shall in any way be construed to authorize, license or permit any gambling devices or the use of any machine or device specified hereinbefore for gambling purposes.

§ 43-18 Definitions.

As used in this article, the following terms shall have the meanings indicated:
MUSIC VENDING MACHINES
The contrivance commonly known as a "jukebox" and any machine or contrivance which, upon the insertion of a coin, slug, token, plate or key of any nature into a slot, crevice or other opening, emits songs, music or other entertainment.

§ 43-19 License required.

A person who maintains or displays for public patronage a jukebox, pool table or shuffleboard shall be required to obtain a license from the Borough.

§ 43-20 Application for license; requirements.

A. 
Application for the licenses prescribed by this article shall be made to the Borough Clerk on appropriate forms supplied by the Clerk.
B. 
The application shall be executed in duplicate and shall contain the following information in addition to that required by Chapter 127, Licensing:
(1) 
The address of the place where the machine or device is to be displayed or operated, together with a statement describing the type of business conducted at the premises.
(2) 
A description of the machine for which license application is made, including the name of the manufacturer and serial number, if any.
C. 
No license shall be issued to any person who is less than 21 years of age.

§ 43-21 Approval by Chief of Police.

A copy of the application shall be referred immediately to the Chief of Police, who shall determine the suitability of the premises wherein the machine or device will be operated and whether the applicant is of good repute and character. The Chief of Police or his/her authorized representative may approve or disapprove the application.

§ 43-22 License fees.

Prior to the issuance of a license authorized by this article, the applicant shall pay an annual fee as set forth in § 91-6 of Chapter 91, Fees.

§ 43-23 Display and transfer of license.

A. 
A license shall be posted permanently and conspicuously at the location of the machine or device in the premises where it is to be operated.
B. 
A license may be transferred from one machine or device to another similar machine upon application to the Borough Clerk, which shall include a description and the serial number of the new machine or device. Not more than one machine shall be operated under one license, and the applicant or licensee shall be required to obtain a license for each machine displayed or operated by him/her.
C. 
If the licensee moves his/her place of business to another location within the Borough, the license may be transferred to the new location upon application to the Borough Clerk, giving the street and number of the new location. The new location shall be approved by the Chief of Police in the same manner as provided in § 43-21.

§ 43-24 Hours.

No licensee shall permit the playing or operation of jukeboxes between the hours of 12:00 midnight and 7:00 a.m. of any day.

§ 43-25 Revocation of license.

A. 
Every license shall be subject to revocation if the licensee directly or indirectly permits the operation of any machine or device contrary to the provisions of this article and other sections of the Borough laws or the laws of New Jersey.
B. 
Upon presentation by the Chief of Police to the Council of a specific complaint, the Clerk shall serve the licensee concerned with a written notice which shall detail the specific section of the laws of New Jersey allegedly violated by the licensee. The notice shall also set a date for a public hearing on the charge or charges indicated, provided that such date shall be at least 10 days after the service of the written notice. If, at the conclusion of the public hearing, a majority of a quorum of the Borough Council finds the particular licensee guilty, his/her license may be revoked or suspended.

§ 43-26 Expiration of license.

All licenses shall expire on June 30 of each year.

§ 43-27 License subject to related legislation.

All licenses under this article shall be issued subject to state law, this article and other applicable ordinances and police regulations of the Borough.