[HISTORY: Adopted by the Board of Commissioners of the City of Bordentown: Art. I, 1-20-1942; Art. II, 3-28-1983 by Ord. No. 1983-4. Sections 104-4, 104-6, 104-11 and 104-21 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II. Other amendments noted where applicable.]
[Amended 3-14-1983 by Ord. No. 1983-2]
No person, firm or corporation shall operate, maintain or install in any store, building, public place or in quasi-public place, wherein the public is invited or may enter in, any bagetelle devices, baseball games, pinball machines, bowling machines, electronic and video games, machines, projectors or devices showing or display motion-picture films or videotapes or portions thereof and all other like machines for entertainment or amusement, music machines and similar playing devices unless the person, firm or corporation shall have first obtained a license for that purpose from the Board of Commissioners. This enumeration is intended to be typical and shall not be construed as exclusive.
[Amended 3-14-1983 by Ord. No. 1983-2]
The licenses for the placing, operation, maintenance or use of such amusement devices or machines mentioned aforesaid shall be issued to and in the names of the proprietor of the premises where the machine or machines are to be installed. For the calendar year commencing February 1 and expiring January 31 at 12:00 midnight, the fee for the issuance of said license shall be $100 per machine, except for music machines or juke boxes, which shall be $50 per machine for said calendar year, for each and every machine installed on said premises. Said license shall be transferable to a similar device or machine; provided, however, that the license issued to the proprietor shall specifically state the number of machines which said proprietor shall be entitled to install and operate on said premises; and provided, further, that said proprietor shall at no time maintain, operate or install any machine or machines in excess of the number licensed. Upon the initial application for any of the amusement devices or machines mentioned aforesaid for which the application is made after February 1 of a given year, the aforesaid fees shall be prorated on the basis of 1/12 of the applicable fee for each month or portion thereof remaining in the calendar year in which such initial application is made. The fees set forth herein shall apply to all previously licensed machines whose licenses have not been renewed on February 1, 1983, or prior to the effective date of this section.
Said fee of $100 per machine shall not exceed a combined total maximum fee for all such machines of $2,000 for any one licensed business location, premises, site or establishment regardless of the number of such machines licensed for such business location, premises, site or establishment pursuant to the provisions hereof.
[Added 3-26-1984 by Ord. No. 1984-3]
Editor's Note: This ordinance also provided that it shall be retroactively effective for the 1984-1985 licensing year.
Any person who shall use or permit to be used any of the machines or devices licensed hereunder for the purposes of gambling shall be deemed to be guilty of a violation of this Article and punishable therefor as hereinafter provided.
No license shall be issued under this Article to any person who shall have been convicted of a crime or who has been convicted of any offense against the New Jersey Code of Criminal Justice or against any municipal ordinance, if said offense for which the applicant was convicted was one of gambling, and in the event that the licensee shall, after the issuance of such license, be convicted of any crimes or shall be convicted of the offense of gambling under the New Jersey Code of Criminal Justice or any such municipal ordinance, then the license of such person shall be forthwith canceled, and all machines operated or controlled by said person shall thereafter be deemed to be operated in violation of this Article.
[Amended 3-14-1983 by Ord. No. 1983-2]
This Article is enacted for the purpose of licensing, regulating and controlling automatic amusement devices such as bagetelle devices, baseball games, pinball machines, bowling machines, electronic and video games or machines and projectors or devices showing or displaying motion-picture films or videotapes or portions thereof and all other like machines for entertainment or amusement, music machines and other similar playing devices operated by the deposit of coins to defray the cost of promoting the health, safety and welfare of the city residents by City Police Department observation and patrolling of establishments wherein the same are located to thereby prevent nuisances and/or the congregation of large numbers of persons in and about such establishments, which nuisances and persons would be hazardous or annoying to patrons of the same and to the public in general.
Violation of any provision of this Article shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Article I, Violations and Penalties.
[Adopted 3-28-1983 by Ord. No. 1983-4]
This Article shall be known and may be cited as the "City of Bordentown Arcade Ordinance."
As used in this Article, the following terms shall have the meanings indicated:
- AMUSEMENT ARCADE
- Any public or quasi-public place or premises wherein five or more amusement machines or devices are maintained, kept, operated or installed, except the premises of any volunteer fire company whose amusement devices shall also be exempt from all licensing fees.
- AMUSEMENT DEVICE
- Any automatic, mechanical or electronic machine or device of skill or entertainment, operated or set in motion by the deposit of any coin or coins, tokens or slugs or the like thereof, purchased for cash, such as bagetelle devices, baseball games, pinball machines, bowling machines, electronic and video games, machines, projectors or devices showing or displaying motion-picture films or video tapes or portions thereof and all other like machines for entertainment or amusement.
- Any natural person, partnership, firm, association, corporation or any other business entity which owns or controls premises or a location within the City of Bordentown in which any device is displayed or kept for use of play.
- Any natural person, partnership, firm, association, corporation or other business entity.
No operator shall operate an amusement arcade unless a license is first obtained for the place or premises where the same is located.
Each license shall be displayed in full view on the premises to which it is issued.
Said license shall not be transferable to any other operator nor to any other premises or location.
Applications for licenses shall be made to the City Clerk in writing upon a form entitled "Amusement Arcade Application" supplied by said Clerk. There shall be set forth upon such amusement application form the name and address and telephone number(s), date of birth and social security number of the operator, the persons owing 10% or more of the shares of stock or of an interest in any operator as shall not be a natural person, disclosing any prior existing criminal record of any of the foregoing natural persons, a full description of the premises or location wherein the amusement arcade to be licensed is to be located, name of owner(s) of said premises or location together with the written consent of such owner(s) endorsed upon said application and the full description of the type and number of amusement devices to be operated and/or to be stored upon the licensed premises and the proposed times of operation of the amusement arcade.
The fee for each application filed and any arcade license issued thereon shall be the sum of $100, payable to the City Clerk upon application being filed and being nonrefundable.
The term of a license shall be for one year from the date of issue of the same by the City Clerk, unless sooner revoked or suspended.
The renewal fee shall be the same as the license application fee, and the same must be paid before 12:00 midnight of the date of expiration of a previously issued license. If such renewal fee is not so timely paid, a new amusement arcade application form for issuance of an arcade license must be filed with the City Clerk.
Any objections to the renewal of an amusement arcade license shall be filed in writing with the City Clerk. Such written objections shall set forth in detail the basis therefor and shall be signed by the individual or business entity making the objection, giving full address and telephone number of the objector. A hearing on the objection to renewal shall be held before the Board of Commissioners of the City of Bordentown upon at least 10 days' notice to the licensee and to the person(s) objecting. Notice of the hearing shall be published at least once in a newspaper circulating within the city, no less than 10 days prior to the hearing. All hearings shall be conducted by the Board of City Commissioners and shall be open to the public. In rendering its decision, the Board of City Commissioners shall set forth in writing its findings of fact, conclusions and the reasons therefor. If a majority of the Board of City Commissioners determine that the licensee has violated the terms and provisions of this Article, then the operator's license shall not be renewed. A copy of the decision shall be sent to the licensee and person or persons who filed objections within 20 days of the hearing's conclusion.
An amusement arcade shall be permitted in premises or upon a location permitted by the applicable provisions of Chapter 300, Zoning.
The licensee and/or operator of the premises upon which any such licensed devices or machines exist shall not allow loitering in or about the premises.
No licensee shall permit the noise level from any premises upon which licensed amusement devices are operated to interfere with the reasonable use of any adjacent structures or property.
No licensee shall permit or allow any gambling purpose prohibited by law in conjunction with any amusement device. No licensee shall offer or permit to be offered any prizes or awards, whether in cash or otherwise, as an incidental use of said machine.
No license shall be issued until the premises has been inspected by the Construction Code Official as to compliance with any applicable federal, state or municipal statutes, regulations, ordinances or codes and a certificate of approval has been issued by said official for use of the premises or location set forth in the amusement arcade application. After said license has been issued, the licensee shall permit any law enforcement official or Construction Code Official to inspect the premises for any violations during any hours of operation.
All licenses issued under this Article shall be deemed to be granted upon the express condition that, in addition to any other sanction or penalty, the Board of Commissioners of the City of Bordentown may, after due notice by personal service or certified mail, return receipt requested, suspend or revoke the license of any licensee for violating any provision of this Article or for permitting or suffering the violation of any federal, state or municipal statutes, regulations, ordinances or codes or for any good cause determined by said Board of Commissioners to be detrimental to the public health, safety and welfare of the residents of the City of Bordentown or of adjacent municipalities or to other persons.