[HISTORY: Adopted by the Council of the Borough of Milford 4-5-1982 by Ord. No. 276-82. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- AUTOMATIC AMUSEMENT DEVICE
- Any machine which, upon the insertion of a coin, slug, token, plate or disk, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score, including but not limited to such devices as marble machines, pinball machines, skill ball machines and mechanical grab machines and all games, operations or transactions similar thereto under whatever name they may be indicated. It shall include video-type games or machines or similar devices that use a display screen for points, lines and dots of light that can be manipulated to simulate games or other types of entertainment. It shall not include nor shall this chapter apply to music-playing devices.
- Any person in whose place of business any automatic amusement is placed or kept for operation by the public.
- Any person, firm, corporation, partnership or association.
License required. No person shall maintain, operate or possess in any store or building or any other place where the public may enter or in any other building or other place wherein any club or organization meetings are held within the Borough of Milford any automatic amusement device without first obtaining a license therefor.
Exceptions. Any persons who own or lease automatic amusement games covered by this chapter and who are nonprofit, charitable or religious organizations are exempted from the fee and payment requirements of obtaining a license or licenses upon said amusement games, but such organizations shall remain subject to all other provisions of this chapter.
The purpose of this chapter is to license, regulate and control those automatic amusement devices that are operated in a commercial venture for the purpose of making a profit.
All applications for a license under this chapter shall be made and delivered to the Borough Clerk in duplicate, on forms to be supplied for the purpose, and shall be subscribed and sworn to by the applicant.
The application shall contain the following:
The name and address of the applicant.
The name under which the place of business is being operated and the location of the same.
The number and type of machines sought to be licensed.
Any other information which the Mayor and Council may deem reasonably necessary and proper for the full protection of the public interest in the application.
The Mayor and Council may request of an applicant additional information supplementing the information given in the application.
[Amended by Ord. No. 283-83]
Each machine shall be located at least 10 feet from the entranceway of the premises in which it is located and placed so that it does not obstruct or interfere with the free and unfettered passage of patrons or users of the premises.
Each device shall be not less than three feet from any other machine.
An automatic amusement device may only be used or operated during the hours of 12:00 noon to 10:00 p.m.
On-premises supervision by an adult employee (over 18 years of age) shall be required during hours of operation.
The maximum number of machines in any establishment shall be not more than seven.
The premises containing the machines shall be well lighted, and the view from the exterior shall not be obstructed by draperies, posters or any object which would block normal vision of the premises. The premises shall be lighted so as to provide lighting of no less than 70 footcandles.
Any premises governed by a license as provided in § 49-3 shall, as to hours of operation and otherwise, be governed and consistent with such license, and nothing herein shall be construed as in derogation of regulation or operation pursuant to such license, and such operation shall be governed by and in conformity therewith, anything to the contrary herein notwithstanding.
The fee for all applications for licenses pursuant to this chapter shall be as prescribed in Chapter 10, Fees, of this Code.
All licenses issued shall be for a one-year term commencing on June 1 of each year and expiring on May 31 of the following year.
A license shall be renewed by submission to the Borough Clerk, no later than April 1 of the year of renewal, of a completed application.
Any time after the granting of said license, the Mayor and Council may, in the reasonable exercise of its discretion, revoke the same.
No person shall, in his place of business, permit gambling in connection with the playing of any mechanical amusement device.
The New Jersey State Police and/or the New Jersey Alcohol Beverage Commission may make an investigation of the premises and the applicant to determine the truth of the facts set forth in the application. The Fire Chief or his designee may inspect the premises to determine whether said premises comply with existing fire regulations of the Borough.
After completion of the reports, the New Jersey State Police and/or the New Jersey Alcohol Beverage Commission and the Fire Chief may attach their reports, in writing, to the application. Upon receipt of said application and inspection reports, the Mayor and Council shall proceed to consider the same and shall either approve or disapprove the issuance of a license to the applicant.
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both. Each day that a violation occurs or is committed shall be considered a separate offense.