[HISTORY: Adopted by the Mayor and Council of the Borough
of Red Bank as Secs. 4-2 and 4-8 of the 1987 Revised General Ordinances.
Amendments noted where applicable.]
GENERAL REFERENCES
Games of chance — See Ch. 373.
It shall be unlawful for any person as herein defined to distribute,
place or locate, or to continue to have placed, located or in the
possession of any person who is the owner, occupant, tenant, lessor,
lessee or licensee of any premises located in the Borough, a coin-operated
vending or amusement machine as hereinafter defined, without first
having obtained a license from the Borough Clerk as hereinafter set
forth.
[Amended by Ord. No. 3-61; Ord. No. 12-82]
As used in this chapter, the following terms shall have the
meaning indicated:
Any device or piece of mechanical or electrical equipment,
which upon paying therefor either in advance of or after use, or which
upon the insertion of a designated piece or pieces of metallic or
other currency of the United States of America or any coin, check,
slug, ball, or any other article or device, into a slot or place on
the machine, device or equipment, activates certain mechanisms and
emits songs, music, or similar amusements, commonly known as "juke
boxes," or may be operated for use as a game, entertainment of amusement
and shall include such devices as marble machines, pinball machines,
skill ball, mechanical grab machines, electronic video game machines
and all games, operations; and/or transactions similar thereto, under
whatever they be indicated.
Any device or piece of mechanical or electrical equipment
which upon paying therefor either in advance of or after use or which
upon the insertion of a designated piece or pieces of metallic or
other currency of the United States of America, or any coin, check,
slug, ball, or any other article or device, into a slot or place on
the machine, device or equipment, activates certain mechanisms and
results in the dispensing of or making available to the persons or
person inserting the currency into the machine, device or equipment,
a quantity of nonalcoholic beverages, milk, package, photographs,
a container or measure of candy, nuts, popcorn, chewing gum, ice cream,
or frozen ices, soap or services of any kind, including washing machines,
dryers, and dry-cleaning machines.
Includes the following: any person which owns any such machine;
the person in whose place of business any such machine is placed for
use by the public; and the person having control over such machines;
provided, however, that the payment of such fee by any person enumerated
herein shall be deemed in compliance with this chapter.
Nothing in this chapter shall in any way be construed to authorize,
license or permit any gambling device whatsoever, or any mechanism
that has been judicially determined to be a gambling device or in
any way contrary to any future law of the State of New Jersey.
[Amended by Ord. No. 12-82]
A.
Any person displaying for public patronage or keeping for public
operation any juke box or mechanical or electrical amusement machine
or device herein defined shall be required to obtain a license from
the Borough upon the payment of a license fee. Application shall be
made to the Borough Clerk upon a form to be supplied by the Borough
Clerk for that purpose.
B.
Nothing herein shall be construed to require the licensing of any
machine which is being stored or repaired in or upon the premises
of any distributor of such machines.
C.
Not more than two amusement machines or devices shall be licensed
or operated within the first 200 square feet of public floor space
or any one place of business. A license may be issued for additional
amusement machines or devices for every additional 50 square feet,
or four times the area of the machines, whichever is greater, of public
floor space. Music machines (juke boxes) shall not be counted in the
determination of the original two amusement machines or devices.
D.
If the applicant intends to have more than six amusement machines
or devices on the premises, then the following must accompany the
application: diagram of the inside of the premises, which shall include
the inside dimensions of the premises and the location of the amusement
machines or devices.
A.
The application for such license shall contain the following information:
(1)
Name and address of the applicant, age, date and place of birth.
(2)
Prior convictions of applicant, if any.
(3)
Place where machine or device is to be displayed or operated and
the business conducted at that place.
(4)
Description of machine to be covered by the license, mechanical features,
name of manufacturer, serial number.
B.
No license shall be issued to any applicant unless he shall be over
21 years of age and a citizen of the United States.
Application for license shall be made out in duplicate, one
copy being referred to the Chief of Police, who shall investigate
the location wherein it is proposed to operate such machine, ascertaining
if the applicant is a person of good moral character and either approve
or disapprove the application. No license shall be issued unless approved
by the Chief of Police.
[Amended by Ord. No. 239-70; Ord. No. 12-82; Ord. No. 1999-7]
A.
Every applicant, before being granted a license, shall pay the following
license fee per annum for the privilege of operating and maintaining
for operation a coin-operated vending machine or amusement machine
or device, as herein defined:
B.
The licenses to be effective commencing May 1 in each year and expiring
the following April 30. All renewal of license shall be made in the
same manner as an original application.
C.
In the event the entire net proceeds from any vending machine, as
hereinabove set forth, is used for charitable purposes by any group
and such use is set forth in detail upon the application, the Mayor
and Council may waive the license fees required herein. Any group
proposing such charitable use shall make available upon request of
the Borough Clerk records supporting the charitable use for the entire
net proceeds of the machine.
[Amended by Ord. No. 12-82]
A.
The license or licenses herein provided for shall be posted permanently
and conspicuously in or on the machine in the premises wherein the
device is to be operated or maintained.
B.
Not more than one machine shall be operated under any one license,
such license may be transferred from one machine or device to another
similar machine. In the event the license is in any way defaced or
destroyed during the term of the licensing year, another license may
be obtained from the Borough Clerk at a cost of $0.50.
C.
When the business of a licensee is sold or transferred, the licenses of such distributor or exhibitor on its machines may be transferred to the buyer or transferee, after notice of the Borough Clerk of the sale or transfer and the furnishing of the information required under § 224-7 of this chapter hereof with respect to the buyer or transferee.
D.
No amusement machine or device shall be located on a second floor
or below ground level.
[Amended by Ord. No. 12-82]
No person holding a license under this chapter shall permit
persons under 16 years of age to play or operate any mechanical amusement
device except juke boxes, as defined herein.
[Amended by Ord. No. 12-82]
Every license issued under this chapter is subject to the right,
which is hereby expressly reserved to revoke the same, should the
licensee, directly or indirectly, permit the operation of any amusement
machine contrary to the provisions of this chapter, the ordinances
of the Borough or law of the state. The license may be revoked by
the Borough Council after written notice to the licensee, which notice
shall specify the ordinance or law violations with which the licensee
is charged, if after a hearing, the licensee is found to be guilty
of such violation. Ten days' notice of the hearing shall be given
to the licensee. At such hearing, the licensee and his attorney may
present and submit evidence or witnesses in his defense.
If the Chief of Police shall have reason to believe any mechanical
amusement device is used as a gambling device, such machine may be
seized by the police and impounded; and, if upon trial of the exhibitor
or owner is found guilty, the machine shall be disposed of in accordance
with N.J.S.A. 2C:64-1 et seq. and, if the exhibitor or owner is found
not guilty, the machine shall be returned to the exhibitor or owner.
[Added by Ord. No. 3-61; amended by Ord. No.
26-62]
The following requirements shall be complied with by any person
in connection with the establishment and operating of a coin-operated
dry-cleaning establishment:
A.
The applicant shall submit with the application required in § 224-7 of this chapter hereinabove, a floor plan showing the building outline and the location and description of each piece of equipment to be contained therein, which plan shall be approved by the Construction Official and the Health Officer.
B.
A license shall not be issued unless the premises wherein the business
is to be conducted has a concrete floor and no portion of the premises
shall be occupied as a residence or dwelling unless and until the
same has been inspected and approved in writing by the Health Officer,
the Construction Official and the Fire Prevention Bureau of the Borough.
C.
The boiler room construction and the location of the boiler must
meet the requirements of the regulations of the Borough, and in addition
thereto, the boiler must be inspected by the New Jersey Department
of Labor, Boiler Inspection Division, or an authorized representative.
The certificate of boiler inspection must be posted under glass within
the boiler room.
D.
A general ventilation fan shall be installed in the back room or maintenance area to be used in case of serious solvent leakage. This fan may be installed in the rear wall, and when combined with the system required by Subsection J of this section, shall enable the exhausting of a minimum of 1,000 cfm per machine.
E.
The floor of the enclosure or machine base shall be so constructed
as to hold a liquid volume equal to the maximum quantity of solvent
which might possibly escape from the system. A drainage system shall
be provided in the event of a leak and containment by a gravity flow
with the solvent transferred to a stand by holding tank, which tank
shall be vented to the outside.
F.
The solvent used in the operation shall be stored in closed containers,
and shall be transferred from the containers in a line free of leaks.
G.
Filter residue and other residues containing solvent shall be disposed
of so as not to create a health hazard or nuisance. A covered metal
container shall be used for temporary storage outside of the building.
H.
Respiratory protective equipment shall be provided for maintenance
personnel and must be kept in good repair and available for immediate
use.
I.
A utility fire extinguisher of either the carbon dioxide or dry chemical
type must be provided for use against electrical or oil fires.
J.
Only the front or customer side of the dry-cleaning machine shall
be exposed in the customer area. The working or maintenance portion
of the equipment should be separated from the front of the machine
by a solid partition. As a means of minimizing any solvent buildup
in the customer area and also to control any minor solvent leakage,
it is required that there be a minimum flow rate from the customer
area through the partition as follows:
|
Number of Machines
|
Minimum Flow Rate Per Machine
(cfm)
| |
|---|---|---|
|
1 to 3
|
500
| |
|
4 to 8
|
400
| |
|
9 to 16
|
375
| |
|
17 or more
|
360
|
|
Example: An eight-machine installation requires a minimum continuous
exhaust flow rate of 3,200 cfm.
|
K.
The exhaust ventilation as described above shall be provided on a
continuous basis while the store is open for business. The fan wiring
shall be such that the dry-cleaning equipment cannot be operated unless
the fan system is in operation. Where grill openings are to be installed
in the partition to facilitate air movement, they should be sized
on the basis of 500 cfm per square foot of net grill area and should
be placed as close to the machines as possible. Access doors to the
maintenance area shall be kept locked.
L.
The cleaning equipment must be provided with an exhaust system capable
of maintaining a minimum of 100 feet per minute face velocity through
the loading door whenever the door is open. The duct work connections
from this system must be sealed (soldered or taped) and discharge
tanks extended to a minimum height of five feet above the roof line.
M.
An interlock system must be provided on the machine to prevent the
loading door from being opened during the normal cycle. This system
shall be either electrical and/or mechanical and so connected that
in the event of a power failure, the loading door shall lock.
N.
A step-by-step instruction list must be posted in a conspicuous location
near the machine for customer use. A competent, trained operator must
be present as long as the premises are open for business.
O.
Solvent management.
(1)
A solvent vapor-sensing device within the tumbler shall be required
to control the drying cycle and to prevent the removal of solvent-laden
garments.
(2)
The machine design must be such that essentially no solvent is retained
in the cleaned items upon completion of the dry-cleaning cycle.
(3)
It is the responsibility of the proprietor to make certain that all
clothing which cannot be properly cleaned and dried will not be placed
in the machine.
P.
The machine shall be checked daily and kept in good repair. All maintenance
personnel should be familiar with necessary machine repairs and instructed
as to the solvent hazards.
Q.
Solvent control is to be used that under normal operation and use
conditions, no solvent odor can be detected in the customer area.
R.
Only the solvent specified by the equipment manufacturer shall be
used.
S.
A supply of tempered (heated to 60° F. or 65° F.) makeup
air equal to or greater than the total volume or air exhausted from
the plant should be provided in order to eliminate any negative pressure
conditions which might otherwise develop.
T.
Solvent-contaminated air even in very low concentrations (five ppm
to 20 ppm) shall be kept out of the air intakes of all combustion
equipment so as to minimize the thermal decomposition of the solvent.
U.
Exhaust ventilation stacks from dry-cleaning machines shall be located
as far as possible from combustion air or drier air intakes.
V.
The proprietor shall provide the Red Bank Health Department with
detailed installation, operation and maintenance manuals from the
manufacturer.
[Added by Ord. No. 5-61; amended by Ord. No.
18-84]
It shall be unlawful for any coin-operated laundry establishment
or coin-operated dry-cleaning establishments to operate or be open
for business between the hours of 10:00 p.m. and 6:00 a.m., prevailing
time, except that machines which have started before 10:00 p.m. need
not be stopped until the operation has been completed, but no machine
shall be started for use at or after 10:00 p.m.
