[HISTORY: Adopted by the Borough Council of the Borough of Carteret
6-3-1982 as Ord. No. 82-8. Section 75-12 amended at time of adoption of Code;
see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
The Mayor and Council find and declare that:
A.
There exists within the Borough of Carteret an increasing
number of amusement games, which number is expected to continue to increase.
B.
Such games attract large numbers of minors and, with
the expected increase in machines, the likelihood of crowding and congregating
of minors is likely to continue and increase.
C.
The present location of some machines is inappropriate
for young people because of crowding, lack of ventilation and the inability
to provide supervision when necessary.
D.
Reasonable regulation of the licensees of such machines,
the number of machines, their location, the hours and conditions of permitted
operation and of adult supervision will help to ensure that recreational activity
involving amusement games is carried out in a safe and wholesome environment
for the benefit of the borough's young people and without undue hardship to
the business community.
E.
The enactment of this chapter is necessary and appropriate
for the protection of the public health, safety and welfare of the residents
of the Borough of Carteret.
This chapter may be known and cited as the "Amusement Game Ordinance."
As used in this chapter, the following terms shall have the meanings
indicated:
Any machine or device which may be operated for entertainment or
amusement in public, whether the machine is coin-operated or not, whether
or not it registers a score or tallies. This definition shall include, but
shall not be limited to, pinball machines, bowling machines, mechanical grab
machines and electronic video games. Specifically excluded from the definition
of "amusement games" shall be jukeboxes.
[Amended 10-7-1982 by Ord.
No. 82-17]
A room or area of any building, including all connecting rooms or
spaces with a common means of egress and entrance, which accommodates four
(4) or more amusement machines and which is used as a business primarily involving
the operation and use of amusement games.
[Amended 6-3-1982 by Ord.
No. 82-11]
A.
No person shall distribute, install, maintain or possess,
either indoors or outdoors within the borough, any amusement game of any kind
or type without first having obtained a license.
B.
With respect to a license for the operation of an arcade, the initial license to any licensee shall be for a period of three (3) months. Prior to the expiration of such three-month period, the licensee may apply for a license for the balance of the calendar year. Such application shall be handled as provided in § 75-7, and an investigation shall be conducted to determine the fitness of the applicant for a further license, taking into account the standards set forth in §§ 75-10B and 75-11 of this chapter. If any initial license is not renewed, the applicant shall be entitled to a hearing before the governing body, generally in accordance with the procedure established in § 75-10D of this chapter, insofar as applicable. In any such proceeding, the burden of proof to establish that the applicant is entitled to a further license shall be upon the applicant and not the borough.
All license applicants must be at least eighteen (18) years of age and
shall submit, in writing, to the Clerk of the Borough of Carteret the following
information:
A.
The name and address of the applicant and whether the
applicant is an individual, partnership or corporation.
B.
The age of the applicant, of each partner, if a partnership,
and of each of the principal officers of the corporation, if the applicant
is a corporation.
C.
The criminal record of the applicant, if any, setting
forth the date or dates of conviction, the nature of the violation and the
jurisdiction in which the violation occurred. If the applicant is a partnership,
the same information shall be supplied for each partner, and if the applicant
is a corporation, this information shall be supplied for each of the principal
officers of said corporation.
D.
A full description of the machine or machines, device
or devices to be used by the applicant and made available to the public and
the serial or identification of each such machine or device.
E.
The street number and description of the area where the
machines or devices are to be operated, stating the floor or floors of the
premises and attaching a sketch showing the rooms or areas involved. Such
sketch shall be drawn to scale with the scale set forth on the sketch and
shall designate all exits, windows and storage spaces to be used in the operation.
A.
License fees shall become payable to the Borough Clerk at the Borough Hall on the first day of January in each year, and such licenses shall expire on the 31st day of December following such payment, except as provided in § 75-4 hereof with respect to initial licenses. All licenses issued between the first day of September and the first day of January following, in any year, shall be issued for one-half (1/2) of the fee mentioned hereafter.
[Amended 6-3-1982 by Ord.
No. 82-11]
B.
The license fees to be paid annually to the borough
are:
[Amended 6-3-1982 by Ord.
No. 82-11]
C.
Any or all civic, fraternal, religious or other nonprofit
organizations which are or are entitled to be exempt from taxation under federal
or state law shall be required to apply for and obtain the appropriate licenses
and shall comply with all other provisions of this chapter; provided, however,
that such organization shall be excused from payment of any fee for its license
upon the presentation to the Borough Clerk of sufficient evidence of its tax-exempt
status at the time of application.
[Amended 10-7-1982 by Ord.
No. 82-17]
Each application shall be referred to the Chief of Police or a police
officer designated by him who shall immediately institute whatever investigation
of the applicant's business responsibility, moral character and ability to
properly conduct and supervise the use of amusement games as he considers
necessary for the protection of the public. He shall communicate his findings,
in writing, to the Clerk within a reasonable time after the application has
been filed and his investigation completed, recommending or not recommending
the issuance of the requested license. The Chief of Police shall provide in
his report of his investigation forwarded to the Clerk his reasons for recommending
or not recommending the issuance of the license to the applicant. The Mayor
and Council shall be provided with a copy of the investigation prepared by
the Chief of Police for the purpose of passing upon and approving the issuance
of any license and shall direct the Clerk to issue any approving license immediately,
provided that the required license fees have been paid.
Licenses shall contain the name and address of the licensee, the address
at which the licensed activity is conducted, the expiration date of the license
and any other information deemed necessary and appropriate by the Borough
Clerk. Such license shall be posted in a conspicuous place near the location
of the licensed game and/or premises.
The Borough Clerk shall maintain records of all persons and devices
licensed or denied the same pursuant to this chapter. Such records shall contain
the applications and other information relating to ownership, placement, maintenance,
use and operation of such devices and shall be open to the inspection of the
public for good cause at reasonable times and shall constitute public records.
Extracts thereof may be certified by the Borough Clerk for use as legal evidence.
A.
No license issued pursuant to this chapter may be sold,
assigned, mortgaged or otherwise transferred by the designated person to whom
such license or licenses were originally issued. Change of ownership of any
game under this chapter or any change of location of any such game from the
premises of any licensee shall automatically revoke such license. In such
cases, application for a new license must be made. In any such cases of revocation
of licenses, no fees paid therefor shall be refunded.
B.
Any license issued by the borough may be suspended or
revoked by the governing body after notice and a hearing for any of the following
causes:
(1)
Fraud or misrepresentation in any application for a license.
(2)
Fraud, misrepresentation or other dishonesty in the conduct
of the licensed activity.
(3)
The licensee has violated any ordinance of the borough
or any law of the State of New Jersey or of the United States which violation
reflects unfavorably on the fitness of such licensee to be so licensed.
(4)
Conduct of the licensed activity, whether by the licensee
himself, his agents or employees, in a manner that constitutes a breach of
the peace or a menace to the public health, safety or general welfare.
(5)
Habitual conduct of the users of the licensed game in
an unlawful manner or in a manner that constitutes a breach of the peace or
a menace to the public health, safety or general welfare.
C.
Notice of a hearing for the revocation or suspension
of a license shall be given, in writing, by the Clerk. The notice shall specifically
set forth the grounds upon which the proposed revocation or suspension is
based and the time and place of the hearing. It shall be served by mailing
a copy of the notice to the licensee at his last known address by certified
mail, return receipt requested, at least five (5) days prior to the date set
for the hearing.
D.
At the hearing, the licensee shall have the right to
appear and to be heard, to be represented by an attorney, to present witnesses
in his own behalf, to cross-examine opposing witnesses and to have a permanent
record made of the proceedings at his own expense. The governing body shall
revoke or suspend the license if it is satisfied by a preponderance of the
evidence that the licensee is guilty of the acts charged.
E.
The governing body may issue another license to a person
whose license has been revoked or denied as provided in this section if, after
the hearing, it is satisfied by clear and convincing evidence that the acts
which led to the revocation or denial will not occur again; otherwise, no
person whose license has been revoked or denied nor any person acting for
him, directly or indirectly, shall be issued another license to carry on the
same activity.
F.
The suspension or revocation of any license shall not
preclude the imposition of other or further penalties as prescribed in other
sections of this chapter on any person who is adjudged guilty of violating
any of the provisions of this chapter.
A.
No more than three (3) machines and/or licenses shall be located or issued to any one (1) premises, except as provided in Subsection J of this section.
B.
There shall be only one (1) licensee for each premises
where a machine is located.
C.
All machines shall be located on the first floor, street
level, in a retail space on the licensed premises and in arcades arranged
so as to permit a clear view of the interior of the room or rooms where any
machines are located from the exterior of the premises at all times.
D.
No licensee shall permit any person using an amusement
game to operate the same for any gambling purpose prohibited by law. In the
event that it is determined judicially or by admission of the licensee that
any commercial amusement device is being operated as a gambling device, the
machine may be confiscated and destroyed or sold at public auction, and the
license of the licensee may be revoked after a hearing.
E.
No licensee shall permit any minor under the age of sixteen
(16) years to play or use any amusement game on the business premises while
school is in session unless accompanied by a parent or legal guardian, nor
shall any child under the age of sixteen (16) years or who is still enrolled
in school be permitted to play or use any amusement game between the hours
of 9:00 a.m. and 3:00 p.m. on any school day.
[Amended 10-7-1982 by Ord.
No. 82-17]
F.
Either the licensee or an adult agent or employee of
the licensee shall be present and supervise the use of any amusement game
by a minor under the age of sixteen (16) years.
G.
No arcade licensee shall operate any arcade on any day
between the hours of 2:00 a.m. to 6:00 a.m. except Saturdays and Sundays.
On Saturdays a licensee shall not operate between 3:00 a.m. and 6:00 a.m.;
on Sundays between 3:00 a.m. and 1:00 p.m. No minors shall be allowed on the
premises after 12:00 midnight of any day.
[Amended 10-7-1982 by Ord.
No. 82-17; 3-7-1991 by Ord.
No. 91-6]
H.
It shall be unlawful to operate any amusement game in
a place or building open to the public where such building or place is within
two hundred (200) feet of a church or other place of worship. It shall be
unlawful to operate an arcade in a place or building where such building or
place is within two hundred (200) feet of a school. Said two hundred (200)
feet shall be measured in the normal way that a pedestrian would properly
walk from the nearest entrance of said church or school to the nearest entrance
of the place or building where any amusement game or arcade is located.
[Amended 6-3-1982 by Ord.
No. 82-11]
I.
It shall be unlawful for a licensee to give an award
or prize to any person playing any machine under any form of competition.
J.
When located in premises zoned and licensed for use as
an arcade, up to fifteen (15) machines and licenses may be allowed for the
premises.
K.
In addition to the restriction on hours of operation in Subsection G above, no arcade shall permit the operation of any amusement game prior to 1:00 p.m. on Sunday.
[Added 6-3-1982 by Ord. No.
82-11]
L.
No amusement arcade shall be located in a building which
is also partially utilized as a residence, nor shall any amusement arcade
be located in premises which are located in a family-oriented area.
[Added 10-7-1982 by Ord.
No. 82-17]
M.
No applicant shall make any constructural facial changes
to the exterior of any building used as an arcade where amusement games are
located without first having obtained the approval of the governing body.
Included within the definition of "structural changes" are any signs, posters
or billboards advertising the arcade.
[Added 10-7-1982 by Ord.
No. 82-17]
N.
No arcade shall be permitted to be located within a two-hundred-foot
radius of any school or house of worship.
[Added 10-7-1982 by Ord.
No. 82-17]
O.
No licensee shall be permitted to operate an arcade or
amusement game room without having on the premises a responsible adult over
twenty-one (21) years of age at all times, which shall be supplied at the
sole cost and expense of the licensee.
[Added 10-7-1982 by Ord.
No. 82-17]
[Amended 4-19-1990 by Ord.
No. 90-16]
Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to the penalties set forth in § 1-17 of this Code.
