Borough of Hawthorne, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners (now Municipal Council) of the Borough of Hawthorne as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 129.
Bingo and raffles — See Ch. 144.
Fees — See Ch. 220.
[Adopted 5-21-1980 by Ord. No. 1335 (Ch. 64, Art. I, of the 1989 Code)]
When used in this article and in connection with all proceedings arising out of the provisions hereof, the following terms shall be deemed to have the meanings set forth herein:
AMUSEMENT MACHINE
Any coin-operated machine or device which, whether mechanical, electrical or electronic, shall be ready for play by the insertion of a coin and may be operated by the public for use as a game, entertainment or amusement, the object of which is to achieve either a high or low score which, by comparison to the score of other players, whether playing concurrently or not, demonstrates relative skill or competence or indicates in any other way competitive advantage of one player or team over another, regardless of skill or competence. It shall include devices such as marble machines, skill ball, pinball, mechanical grab machines, video games, token-operated games, the machines or contrivances commonly known as "bagatelle," "baseball," "hockey," "football," "pool table," "target shooting," "shuffleboard" or "shuffle alley," "bowling" or any similar named device, or any device which utilizes an electron (television) tube to reproduce symbolic figures and lines intended to be representative of real games or activities; but specifically excluded shall be any device, whether operated by coin or not, which merely provides a ride, sensation, electronic reading or weight for use by and to the amusement of the public.
[Amended 9-5-2007 by Ord. No. 1912-07]
PERSON
Any individual, partnership, corporation or unincorporated association. In the case of persons other than individuals, the individual member, officer, stockholder or partner who signs the application shall be deemed individually responsible for compliance with the provisions of this article in addition to the person in whose name the application is made.
No person shall display, place, maintain or keep for operation any amusement machine on or within any public or quasi-public place or in any building, store or other place wherein the public is invited or wherein the public may enter, within the Borough of Hawthorne, without having first obtained for each such machine a license issued by the Borough Clerk as provided in this article.
An amusement machine application, sworn to by the applicant, shall be filed with the Borough Clerk upon such forms supplied and approved by the Borough of Commissioners stating the following:
A. 
The name of the applicant and address.
B. 
The address of the premises where the machine is to be maintained, operated or used.
C. 
Whether the applicant or any partner, officer, director or stockholder owning more than 10% of the outstanding shares thereof has been convicted of:
(1) 
A crime.
(2) 
A violation of any ordinance involving gambling.
(3) 
A violation of this article.
D. 
Consent of the owner or lessee of said premises, if other than the applicant.
The Chief of Police shall investigate the application wherein it is proposed to operate such machine and also ascertain if the applicant is a person of good moral character and submit a report of his findings to the Borough Clerk.
A. 
After proper investigation and after approval of the application for a license by the Mayor and Council, the Borough Clerk shall issue a license for each amusement machine in the name of the person who shall be responsible and the premises where the same is to be operated, used or maintained.
[Amended 9-5-2007 by Ord. No. 1912-07]
B. 
The license shall state:
(1) 
The name and post office address of the licensee.
(2) 
The street address of the premises where the machine is to be operated, used or maintained.
(3) 
A description of the machine to be covered by the license, including model, serial number and manufacturer of the machine.
(4) 
The amount of money required, if any, to operate the machine.
The license shall be affixed to a conspicuous part of the machine licensed so that the machine described in said license may be easily and quickly identified.
The license issued hereunder shall not be in substitution of or eliminate the necessity for securing all other required approvals, licenses or certificates of occupancy or compliance as may be appropriate under the zoning, planning, building, fire prevention or other ordinances or codes of the Borough[1] or any applicable statutes or regulations of the State of New Jersey which may appertain to the premises, use, structures, employment or any other aspect of applicant's activities.
[1]
Editor's Note: See Ch. 540, Zoning; Ch. 293, Land Use Procedures; Ch. 450, Subdivision of Land; Ch. 185, Construction Codes, Uniform; and Ch. 25, Department of Public Safety.
[Amended 12-20-1989 by Ord. No. 1510]
The license fee for each amusement machine shall be as provided in Chapter 220, Fees, payable with the filing of the application and upon applications for renewal each year thereafter. The license shall be valid during the calendar year, commencing on January 1, or the date of issuance if later than January 1, and expiring on December 31 of each year. The fee for any license issued after June 30 of any year shall be reduced as provided in Chapter 220, Fees, for the remaining portion of such year.
A. 
The licensee shall be permitted to transfer the license issued under this article within the year for which it is issued to any other like machine operated in the same premises in place of the machine from which the license is transferred. The licensee shall immediately notify the Borough Clerk of such transfer, including in such notice a description of the machine now licensed and the effective date of such transfer.
B. 
Upon application to and approval by the Mayor and Council, a license may be transferred from one premises to another, provided that a transfer fee as provided in Chapter 220, Fees, shall be payable for each machine transferred from premises to premises.
[Amended 12-20-1989 by Ord. No. 1510; 9-5-2007 by Ord. No. 1912-07]
[Amended 8-19-1981 by Ord. No. 1365]
Every amusement machine licensed hereunder shall at all times be in clear view in the public portion of the premises wherein it is located.
[Amended 8-19-1981 by Ord. No. 1365]
No more than three amusement machines shall be licensed at any one location.
A. 
It shall be unlawful for any licensee or his agents, servants or employees knowingly to permit, suffer or allow a person under the legal age for purchasing alcoholic beverages to play or operate any of the amusement machines licensed under this article when said machine is upon any premises licensed for the sale of alcoholic beverages. No person under the legal age for purchasing alcoholic beverages shall use or operate any amusement machine described in this article when said machine is placed upon premises licensed for the sale of alcoholic beverages.
B. 
Gambling; free prizes. It shall be unlawful for any licensee or his agents, servants or employees to knowingly permit, suffer or allow any amusement machine licensed hereunder to be used for gambling purposes; nor shall they offer, permit, suffer or allow any prize, free play or return of money on any such machine. No person shall use any such machine for the purpose of gambling of any kind.
[Amended 12-20-1989 by Ord. No. 1510; 9-5-2007 by Ord. No. 1912-07]
Any person who violates any provision of this article, upon conviction thereof, shall be punished by a fine not to exceed $2,000 or imprisonment for a term not to exceed 90 days or a requirement to perform community service for a period not to exceed 90 days. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Adopted 5-15-1996 by Ord. No. 1646 (Ch. 64, Art. II, of the 1989 Code)]
No license shall be granted for any mechanical amusement device which is to be used for the purpose of gambling. A mechanical amusement device, the operation of which is based in any part on random chance or the random assignment of numbers and the operation of which does not require more than minimal skill or hand-eye coordination, shall be presumed to be intended to be utilized for gambling purposes. By way of clarification, but not limitation, mechanical amusement devices used for the purpose of gambling shall be deemed to including the following:
A. 
Mechanical amusement devices known as "Joker Poker," or any similar mechanical devices displaying a number board where numbers are designated by random: "Horse Racing;" "Roulette;" "Dice;" "Lucky Lines;" "Cherry Master;" "Flukie Ball;" or any similar mechanical amusement devices styled after a slot machine with a rolling display or circular wheel on which are depicted symbols; lotto or lottery type machines; or
B. 
Any mechanical amusement device, the operation of which is based in any part on random chance or the random assignment of numbers and the generation of which does require more than minimal skill or hand-eye coordination and:
(1) 
Which does not have an operable slot or receptacle for the insertion of coin or paper money. This section shall not be deemed to prohibit devices provided at no charge at restaurants or retail establishments for the amusement of their patrons; or
(2) 
With buttons or controls performing said function regardless of label; or
(3) 
Which can be controlled or operated from a remote location by other than the individual player; or
(4) 
Which is readily capable of being converted by the internal technology of the mechanical amusement device to machines such as set forth in Subsection A above.
For the purposes of this prohibition, mechanical amusement devices commonly known as "pinball machines," regardless of the nature of any visual display thereon, shall be deemed to require more than a minimal skill or hand-eye coordination and thus are not subject to this prohibition against licensing.
No person shall knowingly permit, suffer or allow any mechanical amusement device on a licensed premises to be used for gambling purposes; or offer, permit, suffer or allow any prize, something of value or return of money on any device on licensed premises. This section shall not be deemed to prohibit any form of premises involving extension of a privilege of playing at a game without charge on a mechanical or electronic amusement device, other than a slot machine, as an award for the attainment of a certain score on that device.
[Amended 9-5-2007 by Ord. No. 1912-07]
If a police officer of the Police Department or any law enforcement officer with the authority to act within this jurisdiction shall have probable cause to believe that a mechanical amusement device is prohibited, such device may be seized and removed from the premises by the Police Department or its authorized personnel or other law enforcement officer with the authority to act within this jurisdiction and impounded, and the Police Department or other authorized law enforcement officer shall have the right to access the internal components of said device. In order to gain access to the internal components of any machine seized under this section, notice shall be given to the distributor, as designated on the license application, of the device in question, to provide access within two days, excluding weekends and holidays, or the police officer or the law enforcement officer may gain entry by alternate means. The Chief of Police or his designee shall give written notice of the seizure to the distributor of said device as designated on the device or on the license application on file with the Borough Clerk for the device in question. Said notice shall be mailed by certified mail, return receipt requested, and regular mail to the distributor at the addresses designated on the machine or on file with the Borough Clerk within two days of seizure, excluding holidays and weekends; said notice to be complete on mailing. Said device shall not be released until proper ownership documents are presented and/or licensing fees, if such machine is eligible for licensing, are paid, together with a removal/storage charge of $250 per device seized. If possible, those removing the machine or device shall provide the person in charge of the licensed premises with a report to be filed with the Police Department, noting any obvious damage to the property.
Any owner of a mechanical amusement device who wishes to appeal the seizure of a device or refusal to license said device may appeal said decision to the Municipal Council. Said appeal shall be filed in writing with the Municipal Clerk within five days of mailing of notice of seizure or the refusal to issue a license. The Municipal Council shall render a decision on said appeal within 14 days of perfection of the appeal. The filing of an appeal shall not delay or affect the owner's ability to retrieve any seized device. This appeal shall not affect the right of any person to appeal any action taken under this section to a court of competent jurisdiction.
If no person names a claim for return of a machine/device seized under this section within six months from the date of seizure, said machine/device may be disposed of pursuant to N.J.S.A. 40A:14-157.