[HISTORY: Adopted by the Mayor and Council of the Borough
of Westwood 12-16-1980 by Ord. No. 849; amended in its entirety 5-26-1981 by Ord. No.
81-6. Subsequent amendments noted where applicable.]
The purpose of this chapter is to regulate the business of amusement
devices so as to prevent the creation of a nuisance to the public,
a fire hazard from overcrowding or poor egress, the promotion of gambling,
loitering or the creation of an unhealthy atmosphere for the youth
of the community or other foreseeable undesirable effects of such
devices.
As used in this chapter, the following terms shall have the
meanings indicated:
Any automatic mechanical or electronic amusement device,
game or device of skill or entertainment which is or are operated
or set in motion by the deposit therein of any coin or coins, tokens
or slugs, or the like thereof purchased for cash, and includes video-type
games or machines or similar devices that use a display screen for
points, lines or dots of light that can be manipulated to simulate
games or other types of entertainment. Excluded from this definition
are music-vending machines, commonly known as "jukeboxes."
Any firm or corporation or partnership. "Person" shall include
the principal operating officer of any corporate applicant.
The use of more than three machines at any one location shall
constitute a separate use at the premises, which shall require a certificate
of occupancy.
A.
No person shall maintain, operate or possess in any store, building
or other place where the public may enter, or in any building or other
place wherein any club or organization meetings are held, within the
Borough of Westwood, any automatic amusement device without first
obtaining a license therefor.
B.
Any persons who own or lease automatic amusement games covered by
this chapter and who are nonprofit, charitable or religious organizations
are exempted from the fee and payment requirements of obtaining a
license or licenses upon said amusement games, but such organizations
shall remain subject to all other provisions of this chapter.
A.
All applications for a license under this chapter shall be made and
delivered to the Borough Clerk on forms to be supplied for the purpose
and shall be subscribed and sworn to by the applicant, who shall be
the owner or lessee of the premises.[1]
B.
The application for the license shall contain the following:
(1)
The name and address of the applicant.
(2)
The name under which the place of business is being operated and
the location of same.
(3)
The number and type of alcoholic beverage licenses, where applicable.
(4)
The number and type of machines sought to be licensed.
(5)
The location where each automatic amusement game is to be located,
to be shown on a detailed scale drawing showing all exits and windows,
the scale to be one inch equals four feet.
(6)
The name and address of the person from whom each device is to be
purchased, rented or otherwise obtained.
(7)
A description of each automatic amusement game sought to be licensed,
including for each device the name of the manufacturer, model number
and serial number.[2]
(8)
Any other information which the Mayor and Council may deem reasonably
necessary and proper for the full protection of the interest of the
public in the application.
C.
The Mayor and Council may request of an applicant additional information
supplementing the information given in the application, and either
the applicant or the Mayor and Council may request a hearing to be
held within 30 days of the filing of a complete application.
D.
The Chief of Police or his designee shall make an investigation of the premises and the applicant
to determine the truth of the facts set forth in the application.
The Fire Chief or his designee shall inspect the premises to determine
whether said premises comply with existing fire regulations of the
Borough. The Chief of Police and the Fire Chief shall, upon completion
of their inspection, attach to said application their reports therein
in writing. Upon receipt of said application and inspection reports,
if any, the Mayor and Council shall proceed to consider the same and
shall either approve or disapprove the issuance of the license to
said applicant. If the application is approved, the Mayor and Council
shall authorize the Borough Clerk to issue the necessary license upon
the receipt of the license fee or fees as herein provided.
A.
Each device shall be located at least five feet from the entranceway
to the premises in which located and placed so that it does not obstruct
or interfere with the free and unfettered passage of patrons or users
of the premises.
B.
Each device shall have an unobstructed perimeter zone or distance
of five feet around the sides of the three of the linear borders of
said device wherein the users of said devices may use, watch or wait
to use said device, i.e., machines shall be five feet apart.
C.
No machine shall be placed to expose the back thereof to a window.
D.
An automatic amusement device may only be used or operated during
the hours of operation of the premises in which located.
E.
No machine shall be located within 500 feet of any school.
F.
Location of more than three machines shall be a principal use of
the subject premises requiring a certificate of occupancy for that
separate use.
A.
The license hereby granted may be revoked at any time for good cause,
in which case any unearned license fee shall be refunded.
B.
The license shall otherwise be for one year from the date of issue.
C.
The applicant may suffer revocation or nonrenewal of the license
for failure to meet the following minimum standards or other reasonable
standards of general good conduct at the premises:
(1)
There shall be no gambling, obscene language or violation of statute
or ordinance permitted at the premises.
(2)
Premises shall be kept neat and free of litter and in the same configuration
as shown on the license sketch.
(3)
No license shall be renewed if the premises are found to be creating
a nuisance in the area by reason of excessive noise, litter, traffic
or rowdyism by the patrons.
A.
Any person
who violates any provision of this chapter shall, upon conviction
thereof, be punished by a fine not exceeding $500 or by imprisonment
for a term not exceeding 90 days, or both. Each day that a violation
occurs or is committed shall constitute a separate offense.
B.
This chapter
shall be enforced by the Police Department.
