[HISTORY: Adopted by the Mayor and Council of the Borough
of Kenilworth 9-11-1979 by Ord.
No. 79-19. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any machine, device or instrument the principal purpose of which
is to play music upon the insertion of a coin, slug or other consideration.
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.
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.
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.
Any person, firm or corporation in which title is vested
and/or which 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."
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."
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.
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 signature or seal thereto.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
F.
Number of licenses desired.
G.
Category of device, as provided in the definition of "coin-controlled amusement device" in § 59-1.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
H.
Address where device is to be located.
I.
Description of the device or devices, including the name of the manufacturer
and serial number.
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.
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.
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.
Upon receiving the application and fee, the Police Chief shall
conduct an investigation into the applicant's moral character
and 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.
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.
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 license application or in any document required by
the Borough in conjunction therewith.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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.
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.
A separate license shall be obtained for each coin-controlled
amusement device and shall be affixed thereto by the licensee.
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.
A license for a coin-controlled amusement device shall not be
transferred.
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.
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.
All licenses under this chapter shall be issued subject to state
law, this chapter and other applicable ordinances and police regulations
of the Borough.
No licensed device shall be operated or be permitted to be operated
as a game of chance or gambling device.
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.
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.
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.
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.
A licensee or anyone having violated the terms of this chapter
shall:
