[HISTORY: Adopted by the Borough Council of the Borough of Stone Harbor as Sec. 6-5 of the 1982 Revised General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Games of chance — See Ch. 308.
Licenses and permits — See Ch. 352.
Noise — See Ch. 374.
It shall be unlawful for a person or association of persons to operate a place of amusement or an amusement arcade without first obtaining a license therefor. However, any business or commercial establishment may have up to three mechanical, electrical or other amusement machines for operation, together with jukeboxes, similar music machines and food or beverage vending machines without the necessity of a license.
As used in this chapter, the following terms shall have the meanings indicated:
AMUSEMENT ARCADE
Any business or commercial establishment in which more than three mechanical, electrical or other amusement machines for operation are located, exclusive of jukeboxes and similar music machines.
AMUSEMENT MACHINE
Includes mechanical, electrical, video and other coin-operated machines played by one or more individuals for amusement or entertainment purposes, other than jukeboxes or similar music machines.
PLACE OF AMUSEMENT
A business, the principal activity of which is to entertain customers such as, but not limited to, an arcade, circus, carnival, public exhibition and theatrical show (other than a motion-picture theater).
A. 
In addition to the requirements of § 352-2, Application requirements for license, the applicant shall furnish a detailed statement showing the place where amusement equipment and devices are to be located, conducted or operated; and shall be accompanied by a plan drawn to scale by an architect, licensed surveyor or engineer, showing the size of the area indoors or outdoors, or both, the size and space allocations for unobstructed public areas, seating capacities, if any, entrances and exit to and from the place or area.
B. 
Any such application shall be accompanied by plans disclosing the details of any existing or proposed building and structure, the same to be drawn in scale by one duly licensed under authority of the State of New Jersey to draw plates and the same shall be accompanied by complete specifications of any proposed building, structure, fence or enclosure, and in the case of any existing building, structure, fence or enclosure there shall be stated as near as may be practicable the nature and type of construction and the type of materials.
C. 
Whenever equipment or devices of any kind are to be used, the manufacturer's construction plan, name, type, purpose, method of operation and photographs shall be submitted with the application; and each application shall contain or be accompanied by complete information and details covering and disclosing all data required in order to satisfactorily comply with the regular provisions herein required.
[Amended 12-5-2006 by Ord. No. 1272]
A. 
The license fee for a place of amusement shall be as established from time to time by resolution of Borough Council.
B. 
The license fee for an amusement arcade shall be as established from time to time by resolution of Borough Council.
There is hereby created a board to be known as the "Amusement Licensing Board," which is hereby empowered to review, grant, deny, suspend or revoke licenses for places of amusement and arcades. It shall be the duty of the Board to examine and investigate into all applications and all violations of this chapter. Said Licensing Board shall consist of five members, who shall be residents and employees of the Borough of Stone Harbor, not more than two of whom may be appointed from among the members of Borough Council. The terms of the persons appointed shall expire on December 31 following their appointment; however, such terms shall continue with respect to any uncompleted matters until such matters are completed. Appointments to fill vacancies, regardless of the cause of the vacancy, shall be for the unexpired term only. The members shall be appointed by the Mayor with the advice, consent and confirmation of Borough Council. The members of this Board shall perform their duties and functions without salary or other compensation. The Board shall adopt such rules and regulations as may be determined necessary or proper for the purpose of carrying out its duties and responsibilities.
The following standards of safety shall be applicable, considered, determined and complied with as to each application made pursuant to this chapter. The Licensing Board shall:
A. 
Determine whether the layout, plan, spacing and utilization of space allows for ample room for the presence of persons in or on the premises; and the number of persons to be permitted in and on the premises at any given time. The Board is empowered to limit the number in the interest of promoting and protecting the safety and general welfare of the public.
B. 
Determine and provide for adequate entrances and exits in each case, and the same shall be commensurate with the determination of the factors of danger to the public in relationship to the existing facts and those which would exist under any proposed application.
C. 
Require stands, seats, benches, bleachers or other seating accommodations to be constructed in such a manner and of such materials as will provide the best determinable measure of safety to the public.
D. 
Require and impose any and all necessary regulations covering the storage, display, sale and methods of dispensing food and beverages in the interest of public health; and provide such measures of sanitary regulations, including the power to require adequate toilet and lavatory facilities, in accordance with such plumbing standards as are required by Borough ordinances.
E. 
Require complete safety in the method of wiring, the use and conduct of electrical current, and the proper enclosure of motors, transformers or other devices including three switches, power central panels and similar equipment.
F. 
Require the observance of all laws and regulations designed to prohibit fire and protect persons and property from the hazards and dangers thereof, and impose any reasonable additional requirements to enhance, promote and protect life and property from the hazards of fire.
A. 
The use of any public place or amusement equipment, device or machinery which requires movement over, on or touching upon cement, tile, steel or other metal plates or rigid material is hereby prohibited unless the equipment, device or machinery is equipped with rubber, plastic, synthetic or other substances which would prevent noise emanating beyond the premises where situated and licensed. The use of all gasoline, kerosene and oil-propelled or combustion-type machinery is prohibited, and any electrically operated equipment and devices shall be propelled by motors completely encased in a structure which will prohibit noise from emanating beyond the premises, and when contained in or a part of any such equipment, device or machinery shall likewise be installed and operated so that noise will not emanate beyond the premises.
B. 
The use of any overhead wires, metal or mesh which carry electricity is hereby prohibited unless they are entirely covered, coated and suitably insulated against the hazards of fire or exposure to those who could come in contact therewith.
C. 
The use of any amusement equipment or device which, by passing through air currents, would create any noise which would emanate beyond the premises where situated is prohibited, and all horns, loudspeaking devices, music, voice or other recording or reproducing machinery or mechanism, the music or other sounds of which would emanate beyond the premises, are prohibited.
D. 
The use of lights, regardless of the type or kind of illumination, shall not be erected or used in any fixed, movable or rotating manner which would enable or permit the light to penetrate the space beyond the property lines of any place so licensed. Lights for illumination purposes on the premises, if other than enclosed within a structure, or other office or similar place, shall be erected upon standards which shall not be greater than 12 feet in height, and light bulbs shall be shaded in such a manner to cause the light to be directed downward, and the direct rays therefrom shall be confined entirely within the licensed premises.
In the event the particular public amusement is not permitted in the zoning district in which a license is sought, the applicant must first apply to the Board of Adjustment for a variance to permit such use. In the event such variance is granted, the applicant shall then apply for a license from the Amusement Licensing Board.
A. 
The following provisions shall govern the operation of all amusement arcades:
(1) 
No amusement arcade shall be located within 50 feet of any other amusement arcade.
(2) 
No amusement arcade shall contain more than 25 amusement machines, and all such machines shall be located in one unpartitioned, unobstructed room, fully enclosed and insulated to restrict the amount of noise emanating from the room to the outside or to other contiguous rooms or businesses.
(3) 
An amusement arcade shall be constructed in such a fashion that at least 75% of the front of the store below the height of seven feet, as measured from the inside floor of the store, shall be made of glass or similar transparent material so as to provide an unobstructed view from the outside of the structure into the arcade. Within the arcade itself there shall be at least 50 square feet of floor area for each amusement machine with a maximum of 25 amusement machines permitted in the arcade. The music machines, food or beverage vending machines and amusement machines shall be located in such a fashion so as to permit a person outside the building looking into the front, a good unobstructed view of the activities operated therein. No machine shall be placed within five feet of the front of the arcade.
(4) 
No gambling of any type or description shall be permitted on the licensed premises.
(5) 
The sale of any merchandise dispensed from coin-operated machines, other than food or beverages, shall be prohibited.
(6) 
No machines shall be placed within 10 feet of any entrance or exit to or from the arcade.
(7) 
The operations of the arcade shall be under the supervision of an adult at all times.
(8) 
The hours of operation of the arcade shall be limited to from 10:00 a.m. to 11:00 p.m., prevailing time, on Mondays through Saturdays, inclusive, and between the hours of 12 noon and 11:00 p.m., prevailing time, on Sundays.
(9) 
Pornographic or sexually suggestive amusement machines are specifically prohibited.
B. 
A violation of any of the above regulations shall constitute cause for disciplinary proceedings which may result in suspension or revocation of the arcade license in addition to prosecution in the Municipal Court of Stone Harbor.
A. 
The Amusement Licensing Board shall either grant or deny an application for a license within 30 days of the filing of the application, and it shall direct its Secretary or the Borough Clerk to notify the applicant in writing within 72 hours thereafter. In the event the license is granted, the Borough Clerk shall issue the license. In the event a license is denied, the Secretary of the Licensing Board shall inform the applicant in writing of the reasons therefor, and shall advise the applicant that he has 10 days to file a written request for an appeal. In the event of such request, the Amusement Licensing Board shall hold a hearing on the matter within 30 days or as soon thereafter as can reasonably be arranged.
B. 
In the event a licensee shall violate the terms of this chapter or any other ordinance or law of the Borough, the State of New Jersey or the United States of America, such violation shall constitute grounds for suspension or revocation of the license. In the event the Amusement Licensing Board feels that action should be taken against a licensee, it shall serve the licensee by certified mail, return receipt requested, with a statement of the written charges. Such statement shall also include the penalty to be inflicted upon the licensee in the event that he should plead guilty to one or more of the charges. In the event the licensee is not satisfied with the penalty, he may, within 10 days after service of the statement of charges, serve a written request for a hearing with the Borough Clerk, and a hearing will be held by the Amusement Licensing Board on the charges within 30 days thereafter or as soon thereafter as can reasonably be arranged.
C. 
At any such hearing, the applicant or licensee may appear in person or by legal counsel, and shall be entitled to offer testimony and other evidence and shall be entitled to cross-examine any witnesses against him. The rules or evidence shall not be binding upon the Amusement Licensing Board. If deemed by the Board to be reasonably practicable, the Board shall render its decision at the conclusion of the hearing. If deemed by the Board not to be reasonably practicable, the Board shall render its decision within 30 days thereafter. Such decision may be given orally, and shall be given in writing, which writing shall be in resolution form setting forth its findings of fact, conclusions and reasons therefor. The hearing shall be taped or stenographically recorded, and the appellant shall be required to pay the reasonable cost for preparation of the transcript of the hearing in the event a further appeal is made of the Board's actions to the court.