[HISTORY: Derived from the Revised General Ordinances of the Borough
of Fort Lee, 1978, adopted 3-1-1979, Amendments noted where applicable.]
[Derived from Ch. IV, Sec. 4-12, of the 1978 Code]
No person unless duly licensed in accordance with the provisions of
this article shall have, keep or maintain within the limits of this borough
any bowling alleys, theaters or any other places or other types of machines
where or for the amusement or recreation of the public is carried on as a
business or for profit of any kind to the owner thereof.
Any person desiring to obtain a license to conduct any of the businesses
listed in the preceding section shall obtain from the Borough Clerk an application
form, which form shall require the following information:
A.
The name of the applicant, or, if a company or corporation,
the names of its officers, or, if a firm or partnership, the names of the
firm members or partners;
B.
Permanent home residences;
C.
A description of the business to be licensed;
D.
A description of the building and/or ground to be used;
E.
A resume of the past business experience of the applicant
for the last five years;
F.
Approval of the Chief of Police, the Building Subcode
Official, the Health Officer and the Fire Chief of this borough;
G.
A specific statement of the applicant as to the existence
or nonexistence of a criminal record.
Upon receiving an application for a license as required by the preceding
section, the Borough Clerk shall in turn submit the application to the officials
named in the preceding section for their approval. The Chief of Police before
approving the application shall satisfy himself as to the moral and public
safety hazards involved, the Fire Chief as to the fire hazards, the Building
Subcode Official as to the safety of the structures in which the business
is to be conducted, and the Health Officer as to the proper provisions of
sanitary conveniences. No official to whom the application is submitted for
approval shall delay action thereon more than three days from the time it
is put in his hands.
Upon the return to him of the application with the approval of the other
officials stated thereon, and upon the payment of the required fee, the Borough
Clerk shall issue a license which shall expire upon the following December
31.
It shall be the duty of the Borough Clerk to keep a record of all licenses
issued pursuant to this article and make a report thereof and of the fees
collected therefor monthly to the Borough Council.
All licenses issued pursuant to this article shall expire on December
31 of each year, and no deduction shall be made for parts or portions of the
year for which the license is issued.
Every person licensed pursuant to this article shall display such license
in a prominent and conspicuous place, where his business is conducted.
The license fees shall be as follows:
Before the renewal of any license issued pursuant to this article, the officials named in § 134-2 shall give their consent thereto.
No license granted in accordance with this article can be transferred.
A license may be revoked by the Borough Council by reason of the violation
of the terms of the license, the violation of any municipal ordinance, state
or federal statute, or falsification in applying for a license. The licensed
person shall be given due notice of any violation and a hearing thereon. A
license may be suspended for not more than two weeks by the issuing officer
without a hearing.
The place where a business licensed under this article is carried on
shall be at all times open to inspection and shall be under the control and
regulation of the Chief of Police, and the Chief of Police is hereby authorized
to make, promulgate and enforce such further rules and regulations in respect
to each business as shall make for maintenance and order in the borough.
A.
This article shall not be considered as affecting any
church, fraternal order or other private non-profit-making association, which
operates any of the places of amusement or recreation specified in this article
solely for the use of its members. Facilities owned by such organizations
may also be rented or leased to other like organizations for the private use
of its members without this article applying, but if rented or leased to individuals
or other organizations who operate for private profit, this article shall
apply.
B.
At the discretion of the Chief of Police, places of amusement
or recreation privately owned, as stated in the above subsection, may be used
or rented to like organizations for public affairs to which an admission is
charged, provided that all such admission charges are for the sole benefit
of the organization owning, operating or renting the place of amusement or
recreation, or for the benefit of such organization's auxiliaries or for a
charitable or public benefit. For all cases covered by this subsection, a
license issued in accordance with the requirements of this article, for which
there shall be no charge however, shall be obtained.
C.
The use of any premises, building or grounds for any
of the purposes listed in this article shall not be considered as a business
use when the premises, building or grounds used are owned or rented by a charitable,
religious or educational organization, or when the activity is conducted wholly
for charitable, religious or civic purposes as certified to by the sponsor
of the project.
No games of chance, gaming, gambling, playing for money among contestants
or any other such practices shall be permitted in any place where any business
licensed under this article is carried on.
Any violation of any of the subsections of this article shall be prosecuted
before the Municipal Judge of the borough.
This article is enacted for the purpose of raising revenue and for the
regulation and control of the businesses designated herein.
No game or machine coming within the purview of this article shall be
installed, operated or maintained within 200 feet of any school.
No person under the age of 16 years shall be permitted to play or operate
any of the games or machines.
A.
Preamble. Whereas the Mayor and Council of the Borough
of Fort Lee have become aware of the increase in the number of amusement license
applications and more particularly for video type machines; and the governing
body has been made aware of public concern regarding the increase in the number
of such machines which have been installed; and there is an apparent need
for additional regulation of the business of amusement devices so as to prevent
the creation of nuisances of patrons and the public, fire hazards, the incidence
of gambling, loitering or the creation of an unhealthy atmosphere for the
youth of the community and other undesirable effects of the concentration
and proliferation of such amusement devices in commercial establishments which
might threaten the health, safety and welfare of this municipality. The borough
has presently licensed machines in a community with a population of approximately
40,000. It appears that a study and/or survey should be made of the need for
additional machines.
B.
Moratorium.[1]
(1)
A moratorium on the issuance of any further licenses
for amusement games including video games is hereby enacted for a period of
12 months from the effective date of this subsection so that a plan of legislation
can be determined to safeguard and protect the health, safety and welfare
of the citizens of Fort Lee in connection with the commercial use of such
amusement games including video games. During the period of the moratorium,
fact-finding hearings will be held, appropriate surveys and studies made and
regulatory legislation purposes, subject to the usual hearing procedures,
to determine the nature and extent of the need for further regulation of amusement
games including video games in the municipality.
(2)
Said moratorium shall take effect upon the passage of
this subsection as required by law and shall remain in force for a period
of one year.
[1]
Editor's Note: Ordinance No. 83-18 further extended the moratorium
for a period of six months from the date of its final passage.
[Derived from Ch. IV, Sec. 4-13, of the 1978 Code]
It shall not be lawful to conduct, maintain or operate a public place
of amusement within the borough such as circuses, rodeos and other outdoor
amusement shows or other places wherein amusements are provided, and to which
an entrance fee is charged, without first having had and obtained for that
purpose a license therefor to be issued by and in the name of the borough.
Application for a license as provided for in § 134-21 shall be made in writing by the owner, manager or operator of any show or place of public amusement, to the Borough Clerk, which application shall set forth the nature of the amusement, the location of the place in which it is to be maintained and conducted, and the names of the owners thereof, and the name of the manager or operator in charge of such amusement or place of amusement, and that the fees, as hereinafter provided, shall accompany such application.
The application shall be immediately reported to the Borough Council
for its action thereon, and if the same is granted, the Clerk shall issue
a license in writing in the name of the borough for the period of one year,
or until the license is canceled and revoked for cause. The Clerk shall keep
a proper record of all licenses issued by him under the direction of the Borough
Council, including the name of the parties to whom it was issued, the date
of issue and the purpose for which the same was issued, and the license, when
issued, shall set forth the name of the persons to whom it was issued and
the place for where it is issued, the amusement designated and the length
of time that the license is to run, and the license shall be good only for
the place designated therein, for the amusement designated and to the parties
as set forth in the license, and such license shall not in any way be transferred
except by consent of the Borough Council first had for that purpose.
The fees for such license shall be as follows:
All licensee shall be issued subject to all existing ordinances of the
borough, and to such other ordinances, rules or regulations concerning the
conduct of shows or places of amusement which may be passed or adopted by
the borough and any license issued may be revoked upon written notice, and
after hearing the parties to whom such license was issued, on the conviction
for any crime involving the conduct of the place of amusement, or for the
violation of any of the rules and regulations of the borough, and when the
license is so revoked the parties interested therein shall be prohibited from
further conducting the same.
