§ 108-16Statement of purpose.
§ 108-18Purpose and objective.
§ 108-19License required.
§ 108-20Application procedure.
§ 108-21Limits on number and location of devices.
§ 108-23Term of license and renewal.
§ 108-24Prohibited acts; supervision required.
§ 108-25Investigation of application.
§ 108-26Revocation of license; posting required.
§ 108-27Violations and penalties.
This is an Article to regulate and license automatic amusement devices and music vending machines within the Township of Riverside.
As used in this Article, the following terms shall have the meanings indicated:
- AUTOMATIC AMUSEMENT DEVICE
- Any machine which, upon the insertion of a coin, slug, token plate or disc, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score, including but not limited to such devices as marble machines, pinball machines, skill ball, mechanical grab machines and all games, operations or transactions similar thereto under whatever name they may be indicated. It shall include video-type games or machines or similar devices that use a display screen for points, lines and dots of light that can be manipulated to simulate games or other types of entertainment. This Article shall cover token- or coin-operated viewing booths with film or live show. This Article shall also apply to music playing devices.
- Any person who supplies any automatic amusement device to another for use in his premises, whether under lease or any similar arrangement.
- Any person in whose premises any automatic amusement device is placed or kept for operation.
- Any persons, firm, corporation, partnership or association.
The purpose of this Article is to license, regulate and control those automatic amusement devices which are operated for the purpose of making a profit. The objective of this Article is to regulate the business of amusement devices so as to prevent nuisances to patrons and the public, fire hazards from overcrowding, poor ingress and egress at premises where amusement devices are located in promotion of gambling, loitering or the creation of an unhealthy atmosphere for the youth of the community or other foreseeable undesirable effects of such devices.
Permit; license required. No person shall maintain, operate or possess in any store, building or other place where individuals may enter or wherein any club or organization meetings are held within the Township of Riverside any automatic amusement devices without first obtaining a license therefor.
Music playing device.
All machines or devices in operation at the time of this Article will be subject to renewal fees the following year.
All applications for a license under this Article shall be made and delivered to the office of the Construction Official on forms to be supplied for the purpose and shall be subscribed and sworn to by the applicant.
The application for the license shall contain the following:
The name and address of the applicant.
The name under which the place is being operated and the location of the same.
The number and type of alcoholic beverage license, where applicable.
The number and type of machines sought to be licensed.
Two copies of site plan showing where each automatic amusement game is to be located, of at least 1/4 inch equals one foot scale.
The name and address of the person from whom each device is to be purchased, rented or otherwise obtained.
A description of each automatic amusement game sought to be licensed, including for each device the name of the manufacturer, model number and serial number.
The terms of the agreement governing the acquisition and installation of said automatic amusement game.
Information indicating whether the distributor, the applicant or any person connected with the operation of the place wherein the game or device is to be installed has ever been convicted of any crime or found guilty of the violation of any ordinance pertaining to gambling or gaming.
Any other information which the Construction Official, Police Chief or subcode officials may deem reasonably necessary and proper for the full protection of the interest of the patrons or the public in the application.
The number of automatic amusement devices that may be located in any one location shall be governed by the physical space available in any business location for the use of said devices, not to exceed three devices.
The following rules shall govern the location within all business premises of automatic amusement devices:
Each device shall be located at least 10 feet from the entranceway to the premises in which located and placed so that it does not obstruct or interfere with the free and unobstructed passage to and from the premises of patrons or users of the premises.
Each device shall have an unobstructed perimeter zone or distance of four feet around the sides of the three linear borders of said device wherein the users of said device may use, watch or wait to use said device. The area which is required hereunder for each such machine shall not be encroached upon by the area of any other machine. It is the intent of this Article that for purposes of preventing overcrowding and assuring safe passage of the general public, each machine shall have its own unobstructed perimeter zone.
No games subject to this Article may be operated within 500 feet of a school, up to the 12th grade, or house of worship. The distance shall be measured for similar restrictions imposed and as interpreted for alcoholic beverage licensed premises by the Alcoholic Beverage Commission. This section of this Article shall not be constructed to require the removal of any automatic amusement devices which are in place as of the effective date of this Article.
The fees for a license to operate an amusement center (herein defined as five machines or more) shall be $150 per year.
Music playing device: $10 per year.
Change of machines or devices require a new posting: $5 charge per machine.
All licenses issued under this Article shall be for a term of one year, commencing on January 1 and expiring on December 31 of the year of issuance.
A license may not be transferred from one machine to another.
No person shall, in his place of business, permit gambling in connection with the playing of any mechanical amusement game.
An automatic amusement device may only be used or operated during the hours of operation of the premises in which located and when the operator or an employee of the operator is present in the premises.
The Director of Public Safety or his designee may make an investigation of the premises and the applicant to determine the truth of the facts set forth in the application. The Construction Official, subcode officials or his designee may inspect the premises to determine whether said premises comply with existing building regulations of the Township of Riverside. The Director of Public Safety and the Construction Official may, upon completion of their inspection, attach to said application their reports therein in writing. Upon receipt of said application and inspection reports, if any, the governing body shall proceed to consider the same and shall either approve or disapprove the issuance of the license to said applicant. If the applicant is approved, the Township Committee authorizes the Construction Official to issue the necessary license upon the receipt of the license fee or fees as herein provided.
Revocation of license. Any time after the granting of said license, the Director of Public Safety, Construction Official or their designees, in the reasonable exercise of his discretion, may revoke the same if, after hearing, he finds:
Gambling on the premises.
False or incorrect material on the application or information furnished by the applicant.
Failure to maintain good and safe conduct on the premises.
Violation of the laws of the State of New Jersey, of this Article or other ordinances of the Township of Riverside.
The presence of the machines result in gambling, obscene and loud language disturbing to the public or to other patrons of the premises; creating of a nuisance, excessive noise, litter, traffic or rowdyism by the patrons.
Posting and displaying.
Any person who shall permit a minor under the age of 16 years to play or operate any video machine, pinball machine or other mechanized device of any kind or nature licensed by this Article shall be deemed to be guilty of a violation of this Article and punishable as hereinafter provided.
Any person who violates any provision of this Article shall, upon conviction thereof, be subject to one or more of the following: a fine not exceeding $1,000; a term of imprisonment not exceeding 90 days; or a period of community service not exceeding 90 days. Each day that a violation occurs shall constitute a separate offense, and the Township Committee shall have the right of revocation of license.