[HISTORY: Adopted by the Mayor and Council of the Borough of New
Providence 5-9-1983 as Ord. No. 83-7 (Ch.
7 of the 1973 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Fees and licenses — See Ch. 147.
The purpose of the regulations imposed by this chapter is to regulate
the business of amusement machines in commercial usage so as to prevent nuisances
to the patrons and public, fire hazards from overcrowding, poor ingress and
egress at premises where such amusement devices are located, gambling, loitering,
the creation of an unhealthy atmosphere for the youth of the community or
other undesirable effects of such machines.
For the purposes of this chapter, the following words and phrases shall
have the meanings respectively ascribed to them by this section:
Any machine, contrivance or device which upon the insertion of coin,
slug, token, plate, disc or key into a slot, crevice or other opening, can
be used by the public generally as a game, entertainment or amusement, whether
or not registering a score, which shall include without limitation such devices
as marble machines, pinball machines, skill ball, mechanical games or video
electronic games, bagatelle, mac tables, ballyho devices, high-score tables
and any and all operations, transactions or mechanical devices similar thereto
by whatever name they may be called. In addition, it shall include any machine,
apparatus or contrivance designed to be used or which may be used as a game
of skill or amusement wherein or whereby the player initiates, employs or
directs any force generated by the machine and for the playing of which a
fee is charged.
The entire premises, including, without limitation, all buildings,
auxiliary buildings, structures, appurtenant structures, walks, alleys, drives
and parking facilities owned or controlled by the operator and/or owner-operator
in or about which such machines as herein regulated are maintained for use
by the public.
The gross floor area of the licensee's premises less deductions
for counter-space areas, storage areas, shelving areas, aisle areas, bathrooms,
areas of ingress and egress, office space and other areas which are not intended
or held out for public use. The Construction Official shall determine the
maximum number of square feet in each prospective licensed premises subject
to this chapter.
Any natural person, partnership, firm, association, corporation or
any other business entity which owns or controls a premises or location within
the Borough of New Providence in which any coin- or mechanically operated
amusement device is displayed for public patronage or is placed or kept for
operation by the public.
No licensee of a coin- or mechanically operated amusement machine or
device shall operate or cause to be operated any such machine or device within
the Borough of New Providence without first having obtained from the Borough
Clerk a license so to operate. Applications for said license shall state the
following:
A.
The name, date and place of birth, home address, business
address, home telephone number and business telephone number of the applicant,
if an individual; and each of its stockholders, officers and directors holding
10% of its stock, if a corporation.
B.
The name and address of the registered agent of the applicant,
if a corporation; and the person upon whom service of process is authorized
to be made.
C.
The name, date and 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 or conduct the business of the applicant within
the Borough of New Providence.
D.
The type, manufacturer, serial number and precise location
of each coin- or mechanically operated amusement machine or device sought
to be operated.
E.
If the applicant is a corporation, a corporate resolution
in proper form authorizing the execution of the license application on behalf
of the corporation.
F.
A certification under oath by the applicant or its authorized
representative that the information contained in the application and all attachments
thereto are complete, accurate and truthful to the best of deponent's
knowledge and belief.
G.
The total number of square feet to which the applicant
customarily invites or permits the public to occupy and use but shall not
include any areas used for storage, office, kitchen, counter space, walks,
alleys, drives, parking facilities or such other areas to which the public
has no access.
H.
A sketch or plan of the proposed licensed premises and
the location of the machines therein.
I.
A certification from the Construction Official of the
Borough of New Providence that the premises' occupancy load has been
calculated and posted in accordance with the requirements of the BOCA Building
Construction Code.
Said license fee shall be paid at the time when the application is made
to the Borough Clerk. All licenses issued under the terms hereof shall expire
on May 30 following their issuance. The fee for a license issued for a period
of less than one year shall be prorated. Such licenses shall be nonassignable
and nontransferable and shall apply only to the premises and the coin- or
mechanically operated device for which such license is issued.
A.
There shall be permitted not more than one coin- or mechanically
operated amusement device, as defined in this chapter, for each 100 square
feet of net floor area, as the same is defined herein, provided that under
no circumstances shall a number of machines be permitted which shall exceed
30% of the net floor area of the licensed premises, as defined herein. The
Construction Official of the Borough of New Providence shall determine the
maximum number of square feet in each prospective licensed premises which
is subject to this chapter.
B.
No such coin- or mechanically operated amusement device
shall be located within four feet of any entrance or exit.
A license fee of $300 per year shall be charged for each coin- or mechanically
operated amusement device or game of similar nature, as defined in § 113-2.
Each machine is to have a license tag issued by the Borough of New Providence,
bearing a serial number, posted and attached in a conspicuous place on each
such machine in the premises. Transfer of any machine from the premises in
which licensed shall render said license void, the same not being transferable.
Every license issued hereunder is subject to revocation by the Borough
Clerk should the licensed operator distribute or operate any amusement or
entertainment machine or device contrary to the provisions of this chapter
or any other law, ordinance, rule or regulation or fail to observe and conform
to such orders or proclamations as may be issued from time to time in the
case of emergency by the Construction Official of the Borough of New Providence
or the Mayor thereof. Any material misstatement or omission in the license
application or in any information submitted therewith or the failure to notify,
in writing, the Borough Clerk of any changes by addition or deletion or amendment
to said application or information during the term of any license or renewal
shall constitute sufficient grounds for revocation of said license by the
Borough Clerk.
A.
An operator shall annually renew each license by filing
an application for such renewal with the Borough Clerk not less than 20 days
prior to the expiration of said license, together with a payment of the required
fee and a certification under oath by the applicant that the information set
forth in the original application continues in effect or, in lieu thereof,
a full statement of any changes which have occurred as to each specific requirement
of the license application as set forth in § 113-3 above.
B.
In the event that the Chief of Police of the New Providence
Police Department shall determine that there exists probable cause to believe
any coin- or mechanically operated amusement or entertainment machine or device
is being used for gambling, the license for the operation of such machine
or device may be temporarily revoked by the Chief of Police for a period not
in excess of 20 days pending a final determination relative to a permanent
revocation of license pursuant to the above provisions, and during said period
of suspension, the operator shall not permit said machine to be used.
In any premises in which there are legally operated more than five machines,
there shall be provided by the operator at least two attendants over the age
of 18 years, who shall be employed and physically on duty in the premises
during the hours in which said premises are open to the public.
No operator of any licensed coin- or mechanically operated amusement
device or machine shall permit the use of said machine by any person under
the age of 16 years during the following period: from one-half (1/2) hour
prior to the commencement of normal school hours through one-half (1/2) hour
subsequent to the end of the school day when school is in session. For the
purposes of determining said hours, it shall be the duty of each operator
to familiarize himself with the hours and periods of school attendance as
established by the Board of Education of the Borough of New Providence for
the operation of the public schools in the Borough of New Providence,
which shall constitute the guideline and standard for the enforcement of this
section.
Any person violating any of the provisions of this chapter shall be
subject to a fine not exceeding $500 and/or 90 days in prison. A separate
offense shall be deemed committed on each day during or on which a violation
occurs or continues. In addition, the license issued may be suspended or revoked
for a violation of any provision of this chapter.
It is the intention of the governing body of the Borough of New Providence
that this chapter be read in pari materia with all applicable ordinances within
the Borough of New Providence that are not inconsistent with the provisions
contained herein.
