Borough of Kenilworth, NJ
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Kenilworth at time of adoption of Code 9-11-1979 by Ord. No. 79-19; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]
GENERAL REFERENCES
Entertainment and amusement places — See Ch. 87.
Fees — See Ch. 91.
Zoning — See Ch. 197.

§ 59-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
A. 
Any machine, device or instrument the principal purpose of which is to play music upon the insertion of a coin, slug or other consideration.
B. 
Any machine, device or contrivance which is permitted to function or operate by the insertion of a coin, slug, token, plate, disc or other consideration and which is operated for amusement. Such term shall specifically include but shall not be limited to any device in or on which the operator or other person may ride, stand, sit or be carried.
C. 
Any machine, device or contrivance which, upon the insertion of a coin, slug or other consideration, may be operated for use as a game or contest of any description and which may or may not contain any form of payoff device for the return of slugs, money, coins, checks, tokens, merchandise or other form of prize or merchandise, and shall include pinball machines and other coin-controlled devices in which marbles, balls or pellets are projected or propelled by a spring or plunger or any other means whereby such marbles, balls or pellets fall into slots, tracks, grooves or any other position or whereby said marbles, balls or pellets strike pins or objects.
D. 
Any machine, device or contrivance which upon the insertion of a coin, slug or other consideration displays any form of film, picture or moving-picture films.
DISTRIBUTOR
Any person, firm or corporation in whom title is vested and/or who makes available to a proprietor any of the devices herein described on any rental or commission basis. This license shall permit a "distributor" to make available said devices and machines within the Borough of Kenilworth. This license shall carry with it the designation "AGDP."
DISTRIBUTOR-PROPRIETOR
Any person, firm or corporation in whose premises said device is to be installed and who owns the device in his premises or any other premises in the Borough of Kenilworth. This license shall permit a "distributor-proprietor" to make available said device and machine within the Borough of Kenilworth. This license shall carry with it the designation "AGD."

§ 59-2 Purpose.

A. 
The purpose of this chapter is to regulate the licensing and use of coin-controlled amusement devices to preserve and protect the public good, welfare and morals.
B. 
All fees specified in and required by this chapter are imposed to defray the cost of regulation and for revenue where such is permitted by state law.

§ 59-3 Application for license.

Applications for licenses shall be made to the Chief of Police, in writing, on forms to be supplied by the borough. In order to enable the Chief of Police to determine the suitability of the premises and its location and the fitness of the applicant to maintain or use the devices applied for, said application shall contain the following information:
A. 
The type of ownership of the business, i.e., whether individual, partnership, corporation or otherwise.
B. 
The name, style and designation of the business maintaining the devices.
C. 
The address of and all telephone numbers at the location where the device or devices will be utilized.
D. 
The name and residence address of the manager and/or other person principally in charge of the operation of the business premises.
E. 
The following personal information concerning the applicant, if an individual; and concerning each stockholder holding 10% or more of the stock of the corporation, each officer and each director, if the applicant is a corporation; and concerning the partners, including limited partners, if the applicant is a partnership; and concerning the manager or other person principally in charge of the business premises:
(1) 
Name, complete residence address and residence telephone numbers.
(2) 
The two previous addresses immediately prior to the present address of the applicant, or officer thereof, submitting the application.
(3) 
Written proof of age.
(4) 
Height, weight, sex and color of hair and eyes.
(5) 
Two front-face portrait photographs taken within 30 days of the date of the application and at least two by two inches in size.
(6) 
Whether or not the applicant has been previously licensed by any public or governmental authority to maintain coin-controlled amusement devices for use by the public or has previously applied for such a license, and whether or not such a license has been denied, revoked or suspended and the reason therefor.
(7) 
All criminal convictions, fully disclosing the offense for which convicted and the circumstances thereof.
(8) 
A complete set of fingerprints, taken and to be retained on file by the Police Chief or his authorized representative.
(9) 
Such other information as may be required by the Police Chief to discover the truth of the matters hereinbefore required to be set forth in the application.
(10) 
Authorization for the borough, its agents or its employees to seek information and conduct an investigation into the truth of the statements set forth in the application.
(11) 
The names and address of three adult residents of the County of Union who will serve as character references.
(12) 
Written declaration by the applicant, under penalty of perjury, that the foregoing information contained in the application is true and correct, said declaration being duly made before an individual authorized to administer oaths within the State of New Jersey, which individual shall affix his sign or seal thereto.
(13) 
Number of licenses desired.
(14) 
Category of device, as specified below.
(15) 
Address where device is to be located.
(16) 
Description of device or devices, including the name of the manufacturer and serial number.

§ 59-4 License required; number of devices limited.

A. 
No person shall place or maintain or permit to be placed, operated, used or maintained in any public or quasi-public place or in any building, store or other place wherein the public is invited or may enter any coin-controlled amusement device without first having obtained a license for each such device from the Chief of Police.
B. 
It shall be unlawful in the Borough of Kenilworth to place, maintain, control, conduct or operate more than four of the aforesaid devices in any one business establishment.

§ 59-5 Fee; expiration of license.

A fee as provided in Chapter 91, Fees and Licenses, shall be submitted with each application for a license or licenses and is nonrefundable. The license, if issued, shall expire on December 31 of the year in which issued.

§ 59-6 Requirements to be met prior to issuance of license.

No license shall be issued unless the application and license fee requirements have been met and an investigation into the fitness of the applicant conducted.

§ 59-7 Investigation of applicant.

Upon receiving the application and fee, the Police Chief shall conduct an investigation into the applicant's moral character, personal and criminal history. He may, in his discretion, require a personal interview of the applicant and such further information as shall bear on the investigation.

§ 59-8 Issuance of license; reasons for denial.

The Police Chief shall issue a license within 45 days of receipt of the application, unless he finds that:
A. 
The correct license fee has not been tendered with the application.
B. 
The maintenance or use of such device or devices would not comply with all applicable laws, including but not limited to building, zoning and health regulations.[1]
[1]
Editor's Note: See Ch. 78, Construction Codes, Uniform, Ch. 197, Zoning, and Part III, Board of Health Legislation.
C. 
The applicant, if an individual; or any of the stockholders holding 10% or more of the stock of the corporation; any of the officers or directors, if the applicant is a corporation: or any of the partners, including limited partners, if the applicant is a partnership; and the manager or other person principally in charge of the operation of the business have been convicted of any crime involving dishonesty, fraud, deceit or moral turpitude, unless such conviction occurred at least five years prior to the date of the application.
D. 
The applicant has made any false, misleading or fraudulent statement of fact in the permit application or in any document required by the borough in conjunction therewith.
E. 
The applicant has had a similar license denied, revoked or suspended within five years prior to the date of the application.
F. 
The applicant, if an individual; or any of the officers or directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; or the manager or other person principally in charge of the premises on which the devices are located is not over the age of 18 years.

§ 59-9 Content of license.

Every license issued hereunder shall be numbered and shall disclose on its face the name and post office address of the licensee to whom it is issued and the address wherein the device shall be located.

§ 59-10 Separate licenses required.

A separate license shall be obtained for each coin-controlled amusement device and shall be affixed thereto by the licensee.

§ 59-11 Unlicensed devices.

No coin-controlled amusement device shall be placed, operated, maintained or used or permitted to be placed, operated, maintained or used in the borough until the license required hereunder shall be affixed thereto in a conspicuous place so that the same may be easily identified. Any such coin-controlled amusement device which shall not have a license as required herein affixed thereto shall be deemed to be an unlicensed device. The Chief of Police may take possession and retain custody of any device which is or appears to be unlicensed.

§ 59-12 Licenses nontransferable.

A license for a coin-controlled amusement device shall not be transferred.

§ 59-13 Terms and conditions of application.

Each license hereunder shall be bound by the terms, conditions and statements set forth in the license application, and the issuance of any license hereunder shall be on said basis.

§ 59-14 Conditions of issuance.

A. 
All licenses issued under this chapter shall be deemed to be granted upon the express condition that, in addition to any other sanction or penalty, the issuing, licensing or approval authority may:
(1) 
After due notice by personal service or registered or certified mail and after due hearing, suspend or revoke the license of any person for violating any provision of this chapter or for other good cause.
(2) 
Suspend temporarily, pending a hearing or notice thereof, any such license when such is deemed by the issuing licensing authority to be immediately necessary to prevent emergent danger to the public welfare, good or morals. Any such temporary suspension without notice shall be for a period not longer than 10 days.
B. 
The provisions of Subsection A shall be deemed supplementary to and not in lieu of any provision in any other section of this chapter for revocation or suspension of licenses.

§ 59-15 Licenses subject to related legislation.

All licenses under this chapter shall be issued subject to state law, this chapter and other applicable ordinances and police regulations of the borough.

§ 59-16 Games of chance and gambling prohibited.

No licensed device shall be operated or be permitted to be operated as a game of chance or gambling device.

§ 59-17 Use for showing obscene pictures prohibited.

No licensed device shall be used, operated or permitted to be used or operated to display any form of film, picture or moving picture film which is obscene, whether or not the observer is or is intended to be a consenting adult. A film, picture or moving picture film is obscene if it portrays or depicts human sexual intercourse, homosexual acts, sadistic sexual acts, human sexual acts other than sexual intercourse, sexual acts between man and beast or human sexual organs, and the average person, applying contemporary community standards, finds that the film, moving picture film or picture, taken as a whole, appeals to the prurient interests in sex, and the film or moving picture depicts or portrays such human sexual intercourse, sexual acts between man and beast or human sexual organs in a patently offensive manner, and the picture, film or moving picture film, taken as a whole, lacks serious literary, artistic, educational, political or scientific value.

§ 59-18 Procedure for review of questionable pictures.

Any person desiring to utilize a coin-operated amusement device for the display of a film, picture or moving picture film which he has reason to believe may be obscene shall act as follows:
A. 
Submission to Review Committee or Chief of Police.
(1) 
If the person has any such picture, film or moving picture film on hand or in stock which he intends to display within the month following the next monthly meeting of the Review Committee, he shall submit all of same to the Review Committee for inspection. The Review Committee shall consist of the Mayor, a consenting elected officer of the Borough of Kenilworth and a consenting resident of the borough who is registered to vote therein. The Review Committee shall be constituted forthwith and the appointed members shall be forthwith appointed by and serve at the pleasure of the Mayor without compensation, which Review Committee shall act by a majority of the members thereof.
(2) 
If, in the interim of the monthly meetings of the Review Committee, the person intends to display any such film which was not submitted at the prior monthly meeting, on an occasion before the next public meeting of said Committee, he shall submit said film, picture or moving picture film to the Chief of Police of the Borough of Kenilworth for investigation.
B. 
The person shall, 24 hours prior to submittal to the Review Committee or Chief of Police, notify it or him, in writing, of the intended submittal and the nature thereof. Within 24 hours, Saturdays, Sundays and holidays excepted, of receipt of said notice, the Committee, in the case of a Committee submittal or referral, or the Chief of Police, whichever is applicable, shall inspect the film, picture or moving picture film, and the applicant shall reasonably be notified, either by telephone or written notice left at the location of the device, of the time and place appointed for such inspection. The failure of the applicant to cooperate in any way in arranging a time for inspection within said 24 hours shall not relieve said applicant of the duty to submit the film, picture or moving picture film for inspection.

§ 59-19 Notice of decision.

A. 
In the case of a submittal to the Chief of Police, he shall within 24 hours, Saturdays, Sundays and holidays excepted, of the termination of said inspection either inform the applicant, in writing, that the item submitted is not obscene and may, therefore, be displayed without fear of prosecution under this chapter or inform the applicant that he has referred it to the Review Committee for inspection.
B. 
Within 72 hours of any submittal or referral to the Review Committee, the applicant shall either be informed, in writing, that the film, picture or moving picture film is not obscene and, therefore, may be displayed without fear of prosecution under this chapter or so inform the applicant that the Borough of Kenilworth has brought suit seeking to have the display of the film, picture or moving picture film enjoined because of its obscene character. It shall be a violation of this chapter to display same during the time period of investigation. Nothing herein shall prevent the applicant from displaying said film, picture or moving picture film after the end of the time periods specified for investigation, subject, however, to any judicial restraints imposed. If for any reason the Chief of Police is unavailable to perform his function under this chapter, he may appoint another person in his stead.

§ 59-20 Police inspection of premises.

The Kenilworth Police Department shall examine the premises where such devices are located, on a regular basis, to ensure compliance with the terms of this chapter.

§ 59-21 Violations and penalties.

A licensee or anyone having violated the terms of this chapter shall:
A. 
Forfeit all licenses issued pursuant to the terms of this chapter on all devices.
B. 
Be subject to imprisonment in the county jail for 90 days or a fine not exceeding $500, or both.