Definitions of terms as used in this chapter are as follows:
AUTOMATIC AMUSEMENT DEVICE
Any machine or device which, upon the insertion of a coin, trade
token or slug or by payment of any price, operates or may be operated by the
public in general as a game, entertainment or contest of skill or amusement
of any kind or description, whether or not registering a score. Such definition
shall include, without limitation, such devices as marble machines, pinball
machines, skillball machines, mechanical games or electronic games, pool or
billiard tables, bowling, guns and game operations or transactions similar
thereto, by whatever name they may be called. Jukeboxes or other similar music-type
devices are expressly excluded from the provisions of this chapter.
DISTRIBUTOR
Any natural person, partnership, firm, association, corporation or
any other business entity which leases, rents out or places under any kind
of arrangement within the Borough of Haledon one or more automatic amusement
devices as defined in this chapter.
PERSON
Any natural person, partnership, firm, association, corporation or
other business entity.
PREMISES
Any building, business, store, restaurant, tavern or other place
to which the public is invited or may enter.
PROPRIETOR
Any natural person, partnership, firm, association, corporation or
any other business entity which owns or controls premises or a location within
the Borough of Haledon in which any automatic amusement device is displayed.
No distributor or proprietor of an automatic amusement device shall
distribute or operate such device unless a license is first obtained from
the Borough. In the case of proprietors, a separate license for each device
shall be obtained. Applications shall be made on forms supplied by the Borough
Clerk.
A. Licenses required for distributors.
(1) The application for said license shall be made in duplicate
and shall contain the following information:
(a) The name, date, place of birth, home address and business
address, home telephone number and business telephone number of the applicant
and each of its stockholders, officers and directors holding a 10% or more
interest or stock in the entity.
(b) The name and address of the registered agent of the applicant
or person upon whom service of process is authorized to be made.
(c) The name, date, place of birth, home address and home
telephone number of the manager or other authorized agent of the applicant
who shall be in charge of conducting the business of the applicant within
the Borough of Haledon.
(2) If the applicant is a corporation, there shall be included
a corporate resolution in proper form authorizing the execution of the license
application on behalf of the corporation.
(3) The application shall contain a certification under oath,
made by the applicant or its authorized representative, that the information
contained in the application and all attachments thereto is complete, accurate
and truthful to the best of his/her knowledge.
B. Licenses required for proprietors.
(1) No person shall keep, place or exhibit any automatic
amusement device for use or operation by the public on or at any premises
in the Borough of Haledon without first obtaining a proprietor's license for
such premises.
(2) Application.
(a) The application shall contain the following information:
[1] The name, date, place of birth, home address and business
address, home telephone number and business telephone number of the applicant.
[2] The name and address of the registered agent of the applicant
or person upon whom service of process is authorized to be made.
[3] The type, manufacturer and serial number of each device.
[4] The name and number of the distributor of each amusement
or entertainment machine or device sought to be operated.
(b) The application must be accompanied by a copy of a valid
certificate of occupancy issued to the present owner/occupant by the Building
Subcode Official of the Borough of Haledon.
(3) The person operating the premises where the machine or
device is located shall be liable and responsible for the proper operation
thereof, regardless of whether or not he/she is the owner of the machine or
device, and shall be responsible for any violation of this chapter or any
other ordinance of the Borough of Haledon.
(4) A proprietor's license shall not be transferable or assignable
to any other entity, nor shall the sale of the premises constitute a transfer
of the license.
Every license issued hereunder is subject to the right, which is expressly
reserved, to revoke the same should the licensee distribute or operate any
automatic amusement device or devices contrary to the provisions of this chapter
or any other law, ordinance rule or regulation. Any material misstatement
or omission in the license application and in any information submitted therewith
shall constitute sufficient grounds for revocation of said license. Such revocation
shall be by the Borough Council after a hearing. The licensee shall be given
10 days' notice of said hearing, and such notice shall state the grounds therefor.
At such hearing, the licensee may submit pertinent information on his/her
behalf
The provisions of this chapter requiring an operator's license shall
not apply to any church, fraternal or veterans organization or other religious,
charitable or nonprofit organization which operates any automatic amusement
device or amusement or entertainment machine or device exclusively for the
use of its members and their guests and on premises of or controlled by the
organization. This provision does not exempt any social club from the requirements
of this chapter.
All licenses duly issued and in force on the effective date of this
chapter shall continue in force and may be renewed in the future for the number
of devices for which any license is presently issued.
Any person violating or failing to comply with any provision of this
chapter shall be fined not more than $500 for each offense or imprisoned for
not more than 90 days, or both, and a separate offense shall be deemed committed
on each day during or on which a violation or failure to comply occurs or
continues.