[Adopted 3-6-1990 by Ord.
No. 2077]
As used in this article the following terms shall have the meanings
indicated:
Any automatic, mechanical or electronic amusement, game, or device
of skill or entertainment, which is operated or set in motion by the deposit
therein of any coin, token or the like thereof, purchased for cash. Excluded
from this definition are music vending machines commonly known as "juke boxes."
No person, firm, or corporation shall install, place, maintain, operate
or possess in any store, place of business, building, public place or quasi-public
place wherein the public is invited or may enter any coin-operated amusement
device within the limits of the Borough of Bergenfield without first applying
for and obtaining a license covering each and every coin-operated amusement
device to be installed.
A.
The annual fee for an arcade license covering from one
to three games on the same premises shall be $500. No additional license need
be obtained when a different machine is substituted for a machine on the premises,
without increasing the total number of machines offered for use on the premises.
B.
The annual fee for an arcade license covering from four
to 10 machines on the same premises shall be $750.
C.
The annual fee for an arcade license covering more than
10 machines on the same premises shall be $1,000.
D.
In addition to any other fees required under this article,
every first-time applicant for an arcade license shall pay a nonrefundable
investigation fee of $100. No investigation fee shall be required for renewals.
No investigation fee shall be required of any preexisting license holders
on the effective date of this article.
A.
All preexisting coin-operated amusement devices within
the Borough must be licensed pursuant to this article within 60 days of the
effective date of this article, or at the expiration of any current license
for such devices, whichever shall occur last.
B.
Notwithstanding anything to the contrary in this article,
there is hereby exempted from the aforementioned licensing requirements all
organizations, associations and corporations not for profit, organized pursuant
to the provisions of Title 15 of the New Jersey Revised Statutes or otherwise,
whose primary activity is religious, educational, eleemosynary, social or
fraternal; provided, however, that such organizations, associations and corporations
shall not maintain, place or install more than three coin-operated amusement
devices in or about any single premises or location.
A.
An application for an arcade license shall be filed together
with the applicable fee therefor with the Borough Clerk. The truth of the
information submitted shall be sworn to, and any willful misstatement shall
be considered a violation of this article and shall subject the offender to
the penalties provided herein. The application shall state the following:
(1)
The name and address of the applicant. If the applicant
is a partnership, the name and address of each partner shall be given. If
the applicant is a corporation, the name and address of the chief executive
officer of the corporation, and of the president, vice president, secretary
and treasurer of the corporation, shall be furnished. If a post office box
is used as a mailing address, the individual's or firm's residence or business
address shall be provided as well.
(2)
The address of the premises and the location within the
premises where the devices are to be installed, used or kept. The location
of the devices shall be depicted on a floor plan of the applicable premises,
which shall also indicate all entrances and exits from the building as well
as all walkways leading to those entrances and exits.
(3)
The name and address of the owner of the devices, if
other than the applicant.
(4)
A list of all the coin-operated amusement devices sought
to be licensed, including a specific description of each device, together
with its serial number or other means of identification.
Upon receipt of an initial application for an arcade license, the Clerk
shall provide a copy of the application and refer the matter to the Chief
of Police for an investigation of the character of the individuals whose names
and addresses appear on the application. The Clerk shall furnish a copy of
the application and refer the matter to the Code Enforcement Officer, to determine
whether the proposed use will violate any provision of the Zoning Code or
the Building Code of the Borough.[1] The Chief of Police and the Code Enforcement Officer shall report
back to the Borough Clerk within four weeks.
A.
No arcade license shall be issued to any person who has
been convicted of any crime of moral turpitude. In the case of an application
by a partnership or corporation, no license shall be issued unless none of
the partners or officers have been convicted of a crime of moral turpitude.
B.
No arcade license shall be issued in any premises where
the location or use of such devices does not comply with the applicable provisions
of the Building Code and the Zoning Code.
C.
No arcade license shall be issued for any business that
does not comply with this article and with all applicable state laws and Borough
ordinances.
The Borough Clerk shall act on all applications within 10 days of receiving
the report of the Chief of Police or the report of the Code Enforcement Officer,
whichever is received last. Upon finding that an applicant complies with the
requirements of this article and all other applicable state laws and local
ordinances, the Borough Clerk shall issue the license. The applicant shall
be notified promptly of the issuance or decision refusing to issue a license.
If the Borough Clerk refuses to issue a license, the Clerk shall give reasons
in writing for the refusal.
Any person aggrieved by a decision issuing or refusing to issue a license
may appeal to the Mayor and Council within 10 days of receiving a notice of
denial by filing a written notice of appeal with the Borough Clerk. The notice
of appeal need not be in any particular form, but it must identify the decision
from which the appeal is being taken. The Mayor and Council shall schedule
a hearing on such appeal within 30 days of receipt by the Borough Clerk of
such notice, and issue its decision within 30 days after said hearing. The
decision of the Mayor and Council shall be final, except for the right of
any party to file an action in court.
All licenses issued under this article shall be for a term of one year.
Any license issued hereunder shall be renewed upon the filing of an application
for renewal and the payment of the annual fee, if the business complies with
all applicable laws and ordinances and if there are no grounds for revocation
of the license. No investigation fee shall be charged in connection with a
renewal.
License cards issued pursuant to this article shall specify the location
of the premises on which the licensed coin-operated amusement device is to
be used or kept, a brief description of the device, the device's serial number
or other means of identification, the name and address of the owner of the
device, and the license termination date. All license cards shall be posted
and at all times displayed in a conspicuous place at or near the licensed
device.
No license issued pursuant to this article is transferable, and no license
fee shall be refunded upon the revocation or surrender of any license, except
that in the event that possession of the premises on which the licensed device
is located is transferred pursuant to an arm's-length business transaction,
and the transferee is not prohibited by any of the terms of this article from
holding a license, such license shall be transferable upon the payment of
an investigation and processing fee of $100.
Any licensee who shall permit or approve of the use of any coin-operated
amusement device for gambling purposes shall be deemed to be guilty of a violation
of this article. In addition, it shall be unlawful to install, maintain or
use any coin-operated amusement device for the purpose of giving, directly
or indirectly, any prize, return or profit for the use of such device.
The person in charge of any premises where coin-operated amusement devices
are available for use by the public shall not permit any person under the
age of 16, unless accompanied by a parent or authorized guardian, to remain
in the area where such games are located on school days during the hours when
school is in session. The person in charge shall not use force to enforce
this requirement, but the truant officer may be called. A person under 16
who normally attends a private school or a school sponsored by a religious
organization in lieu of the public school may be in an arcade or in the area
where games are kept at times when the private school or school sponsored
by the religious organization is not in session. Each licensee under this
article shall display a sign with substantially the following wording, or
with other wording giving substantially the same meaning:
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NOTICE: If you are under 16 years of age, you will not be allowed to
remain in this arcade on school days during the hours when school is in session.
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The Borough Clerk may cancel the license of any licensee who violates
the terms of this article two or more times in any one-year period. In addition,
the Borough Clerk shall immediately cancel any license(s) held by a licensee
who is convicted or otherwise pleads guilty to a crime of moral turpitude,
or is otherwise no longer qualified to hold an arcade license. Such cancellation
may be appealed to the Mayor and Council as provided herein for other appeals.
Any licensee that has had any license canceled under this article shall not
be eligible to apply for any other license under this article for a period
of six months.
The management of any establishment may sell tokens or provide machines
to sell tokens, to be used in games instead of coins. No person shall defraud
any business by using any foreign coin, counterfeit coin or unauthorized token
to obtain the use of a game without paying for it.
Any violation of this article is hereby declared to be a nuisance. In
addition to any other relief provided by this article, the Borough Attorney
may apply to a court of competent jurisdiction for an injunction or temporary
restraining order to prohibit the continuation of any violation of this article.
In the event that the Chief of Police shall report to the Borough Clerk
an increase in incidents requiring police intervention at any premises where
coin-operated amusement devices are located, the Borough Clerk may, by a writing
addressed to the license holder, demand that the licensee provide uniformed
security guards to be present on the premises during certain hours of operation.
This order may be appealed to the Mayor and Council as provided herein for
other appeals.
Any person, firm or corporation violating any of the provisions of this
article shall upon conviction for such violation be committed to the county
jail for a term not exceeding 90 days, shall be required to perform community
service, or shall be fined a sum not exceeding $500, or any combination thereof,
at the discretion of the court.
Each and every day in which a violation of any provision of this article
exists shall constitute a separate violation.
