Borough of Andover, NJ Chapter 36 Amusement Devices

[HISTORY: Adopted by the Mayor and Council of the Borough of Andover 3-11-1940; amended in its entirety 5-10-1982. Sections 36-3, 36-4, 36-7G and 36-8A amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

§ 36-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

COIN-OPERATED, OR ANY FEE PAID FOR, AMUSEMENT DEVICE (hereinafter "device")

Any automatic, mechanical or electronic amusement device, game or device of skill or entertainment, such as pinball machines, electronic games, bowling machines, mechanical game machines, skeeball machines, pokerino machines, bucking machines or mechanical bulls, and commercial pool tables, which is or are operated or set in motion by the deposit therein of any coin or coins, tokens or slugs or the like thereof, purchased for cash, and including electronic video-type games or machines or similar devices that use a display screen for points, lines or dots of light that can be manipulated to simulate games or other types of entertainment. Excluded from this definition are music vending machines commonly known as "jukeboxes."

OPERATOR

Any natural person, partnership, firm, association, corporation or any other business entity which owns or controls premises or a location within the Borough of Andover in which any device is displayed or kept for use of play.

PERSON

Any natural person, partnership, firm, association, corporation or other business entity.

§ 36-2 License required.

No operator shall operate such device unless a license is first obtained by the borough. A separate license for each device shall be obtained. Applications shall be made on form supplied by the Borough Clerk.

§ 36-3 Exceptions to license requirement. [1]

Any organizations which own or lease devices as defined in this chapter and which are nonprofit, charitable or religious organizations are exempted from the fees or payment requisites for obtaining a license or upon said amusement games, but such organizations, associations and corporations shall not maintain, place or install more than two devices in or about any single premises or location.

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 36-4 License fee; term. [1]

The license fee for each device licensed will be as set forth in Chapter 66, Fees, and said license shall run from July 1 to July 1.

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 36-5 Seizure or destruction of devices.

If any device required to be licensed under this chapter is utilized for any illegal purposes, the same may be seized, impounded or destroyed if the licensee shall plead or be found guilty in connection with any criminal charge relating to the illegal use of such machine.

§ 36-6 Application for license.

A. Application information. In addition to the requirements set forth, said application shall state the following:

(1) The type of alcoholic beverages sold, if applicable.

(2) The number and type of devices sought to be licensed.

(3) The name and address of the person from whom each such device is to be purchased, rented or otherwise obtained.

(4) A description of each device to be licensed, including for each device the name of the manufacturer, model number and serial number.

(5) Copies of agreements governing the acquisition and installation of said devices, if leased, or documents of title, if owned.

(6) Information indicating whether the distributor, the applicant or any person connected with the operation of the place of business wherein the device is to be installed has ever been convicted of any crime or convicted of the violation of any statute, ordinance or regulation pertaining to gambling or gaming in any jurisdiction, the nature of the offense and the punishment or penalty imposed.

(7) Certification that the applicant is over 18 years of age.

(8) Any other information which the Borough Council may deem necessary and proper for the full protection of the interests of the public in the application.

B. Processing of application.

(1) Upon receipt of an application for the license under this section, the Borough Clerk shall direct an investigation into the nature of the device(s) to be licensed and the location at which such device is to be used.

(2) Upon receipt of an application for the license under this section, the Fire Subcode Official shall inspect the premises wherein devices shall be located to determine whether said premises comply with existing fire regulations of the borough.

(3) The Borough Constable and the Borough Fire Chief shall inform the Borough Clerk in writing within a reasonable time of the date of application of their investigation and inspection.

(4) The Borough Clerk shall have the power to issue licenses, or not issue licenses, if such application is deemed not consonant with this chapter, and an application shall also be denied when it is determined that the installation of a device at a particular location violates this chapter or any statute, ordinance or regulation.

(5) Upon the Borough Clerk denying any application, the unsuccessful applicant shall have the right to appeal such denial to the Borough Council.

(6) No license shall be issued to any person who shall have been convicted in any jurisdiction of an offense which under the laws of New Jersey is denominated a crime.

C. Amendment of application.

(1) In the event that, during the course of any calendar year, an operator desires to replace a licensed device with an unlicensed device, he may do so, by filing an amended application with the Clerk which clearly specifies and identifies the replaced device and the new device.

§ 36-7 Standards of conduct.

A. The licensee 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.

B. The licensee shall not permit, suffer or allow any person to bid or gamble in any form or manner on the licensed premises and shall prevent any immoral or illegal conduct from occurring.

C. No licensed premises shall be without adequate sanitary facilities or contain any fire, safety or health hazards.

D. Every device shall at all times be in clear view upon the premises wherein it is located.

E. No licensee shall refuse to cooperate fully with the Police Department and Fire Department, nor shall any licensee refuse access to his premises to the Police or Fire Department or Department of Health at any time during normal business hours or at any other reasonable hour.

F. No devices subject to this chapter may be operated within 500 feet of a school or house of worship.

G. No premises shall be issued licenses for a device unless such premises are located in the C-1 Zone as referenced in the Borough of Andover Zoning Code and are permitted uses thereunder.[1]

[1] Editor's Note: See Ch. 134, Zoning Amended at time of adoption of Code; see Ch. 1. General Provisions Art. I

H. No more than one automatic amusement device shall be licensed under this chapter for each 125 square feet of floor area, with a maximum of 15 such devices, in any location wherein such devices are to be operated, used or maintained.

§ 36-8 Violations and penalties; suspension or revocation of licenses.

A. Any person, firm or corporation violating any of the provisions of this chapter shall upon conviction for such violation be subject to the penalties provided for in Chapter 1, General Provisions, § 1-15.[1]

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

B. The application of the above penalty shall not be held to prevent any proceeding for the suspension or revocation of licenses.