[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.]
[Adopted 1-20-1942]
[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]
A.Â
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.
B.Â
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[1]]
[1]
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.
[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:
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.
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.
A.Â
No operator shall operate an amusement arcade unless a license is
first obtained for the place or premises where the same is located.
B.Â
Each license shall be displayed in full view on the premises to which
it is issued.
C.Â
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.
