[HISTORY: Adopted by the Township Council
of the Township of East Hanover 4-14-2003 by Ord. No. 7-2003;
amended in its entirety 8-13-2007 by Ord. No. 18-2007. Subsequent amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any machine, contrivance or device which, upon the insertion
of a slug, token, disc, key, coin or other legal tender into a slot,
crevice or other opening, or by the payment of any price, operates
or may be operated by the public generally. Group A of such shall
include, without limitation, such devices as marble machines, pinball
machines, mechanical games or machines, video games, and skillball.
Group B shall include, without limitation, music devices which emit
songs, music or similar amusement and shall also mean jukeboxes, pool
or billiard tables and bowling alley devices; provided, however, that
such devices shall be considered to be in Group A if played for a
prize. As used in this chapter, the word "machine" shall include the
word "device" and the word "device" shall include the word "machine."
A place where a single player may play any one of a number
of machines or devices, upon payment of a fee, to attempt to obtain
a prize or tickets or tokens redeemable for a prize, or to attempt
to attain a score or result upon the basis of which a prize, ticket
or token is awarded.
Any person who supplies, offers or exhibits for sale, leases,
sells or distributes automatic amusement machines or devices to any
other person.
Any individual, firm, corporation, partnership,association
or entity.
Any building, business, store, restaurant, tavern or other
place to which the public is invited or may enter.
Any person who owns, leases, rents or operates any premises
on or at which any automatic amusement device or machine is kept,
placed or exhibited for use or operation by the public.
A commercially operated permanent business, open to the public
at least 31 consecutive days annually, whose acreage is designed and
themed for the primary purpose of providing participatory amusements
incorporating rides or water slides licensed in accordance with N.J.S.A.
5:3-31 et seq., and food and merchandise concessions in permanent
structures. Nothing in this definition shall prevent a license from
being issued in any location which has had a license issued prior
to the adoption of this chapter.
It is hereby determined, declared and found
that the Township of East Hanover contains a recognized amusement
park as defined in N.J.S.A. 5:3-31 and this chapter, said location
being designated as Lot 76 in Block 96 on the Tax Maps of the Township
of East Hanover, and more commonly known as the "Funplex."
A.
No person shall supply, offer or exhibit for sale,
sell, lease or distribute any automatic amusement device or machine
in the Township of East Hanover without first obtaining a distributor's
license.
B.
The application for said license shall be made in
duplicate and shall contain the following information:
(1)
The name, date and place of birth, home address and
business address, home telephone number and business telephone number
of the applicant and each of its stockholders, officers and directors
holding an interest of 10% or more in the business.
(2)
The name and address of the registered agent of the
applicant or person upon whom service of process is authorized to
be made.
(3)
The name, date and place of birth, home address and
home telephone number of the manager or other authorized agent of
the applicant who shall be in charge of or conduct the business of
the applicant within the Township of East Hanover.
(4)
If the applicant is a corporation of any type, there
shall be included a corporate resolution in proper form authorizing
the execution of the license application on behalf of the corporation.
(5)
The application shall contain a certification under
oath, made by the applicant or its authorized representative, that
the information contained in the application and all attachments thereto
is complete, accurate and truthful to the best of said person's knowledge
and belief.
C.
The Township Clerk shall promptly forward a copy of
the application and accompanying materials to whatever departments
or divisions in the Township of East Hanover have jurisdiction to
inspect and comment upon the application, including but not limited
to the Police Department.
D.
The Township Clerk shall ensure that the license application
and all attachments thereto are complete and those persons whose names
are required to be disclosed on the application are in fact disclosed
thereon. If the application and all attachments thereto are complete,
and if no objections are received from any of the departments/divisions
to whom the application and attachments are forwarded for investigation
and/or comment, the Township Clerk shall grant the license. If the
license application and all attachments are not complete and/or if
any objections or adverse reports are received concerning the application
from any of the departments/divisions to whom the application and
attachments are forwarded for investigation and/or comment, the Township
Clerk shall refer the matter to the Township Council of the Township
of East Hanover for a hearing, and the Township Council shall decide
whether the applicant is entitled to receive a license, after notice
and an opportunity to be heard have been granted to the applicant.
The applicant shall be given at least 10 days' notice of said hearing,
and at the hearing the applicant may submit relevant information on
his/her behalf. The rules of evidence shall not apply at such hearing,
but all interested parties shall have the opportunity to present his/her/their
case and to be represented by counsel. In making a decision on issuance
of the license, the Township Council shall base its decision on the
health, safety, morals and general welfare of the Township of East
Hanover.
E.
It shall be a violation of law to possess and/or store
any coin-operated, money-operated, remote-control-operated and/or
thing of value-operated gambling device, such as, but not limited
to, Joker Poker, dice, keno, horse racing, roulette, playing cards,
lotto or lottery-type amusement devices or any other such type of
machine readily capable of being converted by the internal technology
of the coin-operated machine to any gambling device within the categories
above. The machine or machines in question need not be operational
to be in violation of this section.
A.
No license shall be issued to authorize the operation and conduct of any amusement game which shall be such devices designated as Group A in § 59-1 above unless the game is:
B.
No person shall keep, place or exhibit any automatic
amusement device or machine for use or operation of the public on
or at any premises in the Township of East Hanover without first obtaining
an operator's license for such premises.
C.
The application for an operator's license shall contain
the following information:
(1)
The name, date and place of birth, home address and
business address, home telephone number and business telephone number
of the applicant and each of its stockholders, officers and directors
holding an interest of 10% or more in the business.
(2)
The name and address of the registered agent of the
applicant or person upon whom service of process is authorized to
be made.
(3)
The name and license number of the distributor of
each amusement or entertainment device or machine sought to be operated.
(4)
The application must be accompanied by a valid certificate
of occupancy (or continued certificate of occupancy) issued to the
present owner/occupant by the Office of Code Enforcement of the Township
of East Hanover.
D.
The Township Clerk shall promptly forward a copy of
the application and accompanying materials to whatever departments
or divisions in the Township of East Hanover have jurisdiction to
inspect the premises and comment upon the application, including but
not limited to the Police Department, Fire Department, Health Department,
Construction Official and Zoning Official. Such departments/divisions
shall submit in writing a report to the Township Clerk who, in accordance
with the standards set forth herein, may grant or refuse the license.
If the license is granted, the Township Clerk shall forthwith issue
the license upon payment of the licensing fee.
E.
The person or persons operating the premises where
any amusement or entertainment device or machine is located shall
be liable and responsible for the proper operation thereof, regardless
of whether he/she/they is/are the actual owner(s) of the machine or
has/have rented the same, but this shall not in any way release the
actual owner of the machine or device from liability or responsibility
for violation of this chapter or any ordinance of the Township of
East Hanover.
F.
A proprietor's license shall not be transferred or
assigned. Specifically, but not by way of limitation, a proprietor's
license shall not run with the premises, nor shall sale of the premises
effectuate a transfer of the license.
A.
The proprietor shall not permit, suffer or allow any
person to bet or gamble in any form or manner on the licensed premises
and shall prevent any immoral or illegal conduct or activity from
occurring.
B.
No person on the licensed premises shall have illegally
in his/her possession or under his/her control or offer to another
any controlled dangerous substance, nor shall the proprietor permit,
suffer or allow any such person on the licensed premises.
C.
No proprietor shall permit, suffer or allow the unlawful
possession, consumption or sale of alcoholic beverages upon the licensed
premises.
D.
No proprietor shall permit the operation of any amusement
or entertainment machine or device upon premises licensed for the
sale and/or consumption of alcoholic beverages during the hours when
such premises is required by ordinance to be closed.
E.
The proprietor shall at all times maintain good order
upon the licensed premises and shall not permit, suffer or allow any
disturbance, congestion, or loitering upon the licensed premises.
F.
No device or machine shall be permitted to cause any
unnecessary or unwanted noise or commotion nor otherwise interfere
with the public health, welfare and morals, and no machine or device
shall be operated in such manner that noise or sound emitted thereby
or therefrom shall be heard outside the licensed premises.
G.
No song shall be played or words spoken on any machine
or device which violates the community standards.
H.
No proprietor shall offer or permit to be offered
any prize or other award to any person playing any machine or device.
I.
No machine or device shall be located in what is commonly
referred to as a "back room" nor in any part of the licensed premises
which is not open to the general public.
J.
No licensed premises shall be without adequate sanitary
facilities nor contain any fire, health or safety hazard.
K.
No licensee nor his/her agents, officers or servants
shall, by threats, promises or intimidation, seek to control or direct
the placement or removal of any device or to control the placement
of any such device or machine in the Township of East Hanover, and
any such threats, promises or intimidation shall be reported immediately
to the police.
L.
No licensee shall neglect or fail to report promptly
to the Police Department any violation of any law or ordinance occurring
on the licensed premises, nor shall any licensee neglect or fail to
report promptly to the Township Clerk any conduct or activity prohibited
by this chapter.
M.
Each licensee, distributor or proprietor shall promptly
report in writing to the Township Clerk any change, addition or deletion
of the information furnished on the license application and all material
attached thereto, and this obligation shall be fully met during the
term of any license or renewal thereof.
N.
No licensee shall refuse to cooperate fully with the
Township Clerk or with any law enforcement agency or officer, or with
any official of the Township of East Hanover with jurisdiction over
the premises, nor shall any such licensee, operator or owner-operator
refuse to produce and make available all records relating to the purchase
or distribution of such devices. No such licensee, operator or owner-operator
shall refuse access to the premises to the Township Clerk nor to any
member of the departments of police, fire, health or land use nor
to any law enforcement agency or officer.
A.
Fees for distributor's licenses shall be as follows:
(1)
One to nine machines placed in the Township of East
Hanover: $300.
(2)
Ten to 19 machines placed in the Township of East
Hanover: $400.
(3)
Twenty to 29 machines placed in the Township of East
Hanover: $500.
(4)
Thirty or more machines placed in the Township of
East Hanover: $650, plus $10 per machine beginning with the 31st machine.
B.
Fees for proprietor's licenses shall be as follows:
(1)
A separate license shall be issued for each specific
kind of game authorized to be held, operated or conducted on the licensed
premises by the licensee, and a separate license shall be issued for
each place at which the licensee is authorized to hold, operate or
conduct such game, except that a single license may be issued for
all games classified under Certification No. 2 pursuant to N.J.A.C.
13:3-7.9(a)2 and operated in an arcade at a single location.
(2)
The fees for the type of licenses designated as Group A in § 59-1 above to be issued hereunder shall be as follows, and the said fees shall accompany the application for said licenses:
(a)
Games permitted under Category and Certification
No. 1, as defined by N.J.S.A. 5:8-100 et seq. and N.J.A.C. 13:3-7.9,
shall be $300.
(b)
Games permitted under Category and Certification
No. 2, as defined by N.J.S.A. 5:8-100 et seq. and N.J.A.C. 13:3-7.9,
shall be $500 for every 50 machines and $500 for each additional 50
machines or any fraction thereof.
[Amended 12-11-2017 by Ord. No. 18-2017]
(c)
Games permitted under Category and Certification
No. 3, as defined by N.J.S.A. 5:8-100 et seq. and N.J.A.C. 13:3-7.9,
shall be $250.
(d)
Games permitted under Category and Certification
No. 4, as defined by N.J.S.A. 5:8-100 et seq. and N.J.A.C. 13:3-7.9,
shall be $500.
(e)
Games permitted under Category and Certification
No. 5, as defined by NJ.S.A. 5:8-100 et seq. and N.J.A.C. 13:3-7.9,
shall be $500 for the first 15 feet plus $25 per each additional five
feet or fraction thereof.
(f)
Games permitted under Category and Certification
No. 6, as defined by N.J.S.A. 5:8-100 et seq. and NJ.A.C. 13:3-7.9,
shall be $200.
(g)
Games permitted under Category and Certification
No. 7, as defined by NJ.S.A. 5:8-100 et seq. and N.J.A.C. 13:3-7.9,
shall be $200.
(h)
Games permitted under Category and Certification
No. 8, as defined by N.J.S.A. 5:8-100 et seq. and N.J.A.C. 13:3-7.9,
shall be $500.
(3)
The fees for the type of licenses designated as Group B in § 59-1 above to be issued hereunder shall be as follows, and the said fees shall accompany the application for said licenses:
(a)
One to three machines or devices: $50 per machine
or device for all or any part of the annual period.
(b)
Per jukebox or other music machine or device
for all or any part of the annual period: $50.
(c)
For each transfer of a license from one machine
or device to another machine or device of the same category: $15.
A.
Each type of license, when issued, shall designate
the number, type and serial number of machines or devices operated
hereunder.
B.
Each such license shall bear a number, and the number
of that license shall be placed in some permanent way upon each machine
or device operated or distributed under this chapter.
C.
All license fees shall be paid to the Township of
East Hanover prior to the issuance of a license, and all licenses
shall expire on December 31 next succeeding the date of issuance.
[Amended 12-12-2011 by Ord. No. 11-2011]
A.
Each license shall be posted prominently and conspicuously
in the licensed premises.
B.
Any such license may be amended to evidence the transfer
of one machine or device to another similar machine or device, upon
application to the Township Clerk, giving a description by type, manufacturer
and serial number of such other machine or device.
C.
A license shall not be transferable from person to
person or place to place. The license shall be valid only for the
licensee at the place designated on the license.
A.
Every license issued hereunder is subject to revocation
if any of the following occurs:
(1)
The violation of any provision of this chapter.
(2)
Any misstatement or omission in the license application
or in any information submitted therewith or the failure to notify,
in writing, the Township Clerk of any changes by addition or deletion
or amendment to said application or information during the term of
said license or renewal.
B.
The determination on revocation shall be made by a panel of three persons who shall hold a hearing in the manner and in the fashion and on the terms described in §§ 59-9 and 59-10 of this chapter. The panel shall consist of the Township Administrator, the Township Clerk and a distributor or proprietor to be appointed by the Mayor; provided, however, that if there is only one distributor or one proprietor licensed, the Mayor shall select a businessperson from the Township as the third member of the panel.
C.
Prior to revoking any license, the licensee shall
be given notice by the Township Clerk of the right to a hearing. Such
notice shall include the grounds upon which revocation may be based
and a date for a hearing, if requested, which shall be scheduled not
fewer than 15 days from date of notice. The applicant shall be given
at least 10 days' notice of said hearing, and at the hearing the applicant
may submit relevant information on his/her behalf. The rules of evidence
shall not apply at such hearing, but all interested parties shall
have the opportunity to present his/her/their case and to be represented
by counsel. Any appeal from the decision of said panel shall be to
the Township Council which may affirm, amend or reject the decision
of the panel based upon the record below. Any appeal from the decision
of the Council shall be to the Superior Court of New Jersey.
A.
If a police officer of the East Hanover Police Department
shall have probable cause to believe that any such machine or device
is used for gambling, such machine or device may be seized and removed
from the premises by the Police Department or its authorized agents,
and such machines or devices shall be impounded and considered as
contraband by law. Said machine or device shall not be released until
proper ownership and/or licensing fees are paid and properly presented,
together with a removal/storage charge of $350 per machine or device
seized. Those removing the device or machine shall report to the Police
Chief any obvious damage to the property to be seized. Any person
aggrieved by the provisions of this subsection may demand a hearing,
in writing, by directing same to the Township Clerk.
B.
If no person claims the machine or device within 120
days from the date of seizure, said machine or device may be destroyed
or otherwise disposed of in accordance with state statute or local
ordinance.
C.
If any person is aggrieved by the seizure of any device or machine, said person may demand, in writing to the Township Clerk, a hearing and such hearing shall be held within 10 days from the receipt of such demand. In the event that the panel constituted as set forth in § 59-9C above finds that the seizure was justified under the provisions of this chapter, the provisions of § 59-10 of this chapter shall be followed and shall continue to be followed. In the event the panel finds the seizure was not justified, the machines and/or devices shall be returned to the person and place whence they were seized forthwith, but such person or persons shall have no further remedy against the Township of East Hanover.
The provisions of this chapter requiring a proprietor's
license shall not apply to any church, fraternal or veterans organization,
religious or charitable organization which operates any machine or
device exclusively for the use of its members on premises owned or
controlled by it. This provision expressly does not exempt any social
club from the requirements hereof.
A.
Amusement or entertainment machines or devices, excluding
jukeboxes, shall not be operated between the hours of 3:00 a.m. and
7:00 a.m.
B.
Any and all coin-operated machines or devices in excess
of three in one location may not be located within 500 feet of the
property line of any public or private school or house of worship,
such measurement to be taken in the most direct line from the proposed
licensed premises to the property line. It is the intent of this restriction
to eliminate the potential of establishments having three or more
machines or devices covered by this chapter to entice school students
to in any way avoid obligations at the schools or houses of worship.
The owner of any premises in which a license
for one or more machines or devices covered by this chapter is required
shall be required to keep on file each application for a license for
amusement or entertainment machines or devices. Such information shall
be kept on file in an orderly fashion in a location known to all owners
of said premises and personnel employed in said premises. Upon request
by any law enforcement official of the Township of East Hanover, any
owner of said premises or any employee at said premises shall furnish
such information to said law enforcement official.
Every person seeking licensure hereunder shall
comply with all state statutes, municipal ordinances and regulations,
building and fire code regulations, zoning code requirements as well
as all other statutes, ordinances or regulations relevant to the premises
prior to receiving a license.
A.
Any person violating any provision of this chapter
or failing to comply therewith may be punished by a fine of not less
than $ 100 but not to exceed $1,200, 90 days in jail, or both, and
a separate offense shall be deemed committed for each separate violation
of the provisions of this chapter and for each day during or on which
the said violation occurs or continues.
B.
Upon a second conviction within a licensing year,
the license of the convicted distributor or operator shall be revoked
automatically and said distributor or operator shall be prohibited
from transacting the business of distributing or operating within
the Township of East Hanover.
(1)
The distributor or operator who has been twice convicted
within a licensing year shall forthwith surrender to the Township
Clerk its license to transact the business of distributing or operating
in the Township of East Hanover and shall, if a distributor, remove
all machines and devices it has distributed from the Township or,
if an operator, cause to have removed from its premises all machines
and devices; provided, however, that the convicted distributor or
operator may appeal to the Township Council by notifying, in writing,
the Township Clerk of its desire to appeal.
(a)
The Township Clerk shall schedule the hearing
at the next meeting of the Township Council which is at least 10 days
after the receipt of the appeal.
(b)
During the pendency of the appeal, the distributor
or operator may continue to transact the business of distributing
or operating, provided that the violations upon which the conviction
was based have been abated.
(c)
The distributor or operator who requested the
appeal may appear before the Township Council pro se or may be represented
by counsel, and it shall be incumbent upon the distributor or operator
so appearing to show cause why its license should not be revoked.
(2)
Any distributor or operator who has been convicted
on violations of this chapter two or more times within any three-year
period shall not be granted a renewal of its license thereafter until
the application for renewal has been referred to the Township Council
for review. If; upon such review, the Council determines that it does
not wish to renew the license, it shall schedule a hearing at its
next regular meeting, at which time the distributor or operator whose
license is at issue may appear before the Township Council pro se
or may be represented by counsel, and it shall be incumbent upon the
distributor or operator so appearing to show cause why its license
should be renewed.
