[HISTORY: Adopted by the Mayor and Council of the City of Hoboken as indicated in article histories. Amendments noted where applicable.]
Article I Amusement Devices
Article II Cigarette Vending Machines
Editor's Note: The provisions of this article are derived from Sec. 23.02 of Chapter 23 of the former Revised Ordinances of the City of Hoboken, New Jersey, adopted 1-7-1959 by Ord. No. 123.
As used in this article, the following terms shall have the meanings indicated:
- AMUSEMENT DEVICE
- Any pinball, bagatelle, baseball and pin amusement machine or similar machine or device or any mechanical device or contrivance which, by means of the insertion of a coin, token, slug, disk or other attachment connected with or forming a part of any such devices or contrivances, effects the operation thereof for use as a game, contest or amusement, or which may be so used.
- OWNER AND OPERATOR
- Any person who owns and operates any amusement device.
- Any individual, firm, member of firm, partnership, member of partnership, corporation or any officer, director or stockholder of a corporation.
- Any public or quasi-public place, building, store or place where the public may enter.
No person who is the owner, occupant or licensee of any place in the City shall place, maintain, operate or use, or permit to be placed, maintained, operated or used, any amusement device in such place, without first having received a license so to do, which license shall be designated as a "retail license." If the person owns the machine or device, he shall obtain, in addition to a retail license, an owner and operator's license, as designated herein. Each retail license shall cover one amusement device.
The retail license and owner and operator's license shall be issued by the Council. Written application for license shall be signed by the applicant and filed with the City Clerk and shall contain information evidencing the qualification of the applicant to receive such license. The application shall be in the form prescribed by the City Clerk and shall be sworn to by the applicant, if such be an individual, or by an officer of a corporate applicant, setting forth the name and address of the applicant, the particular character of the amusement device for which license is sought, the particular place where such amusement device is to be installed, the name of the owner, lessee, tenant or occupant of such place and the character of the business, amusement, social activities or entertainment carried on, at or within such place. The applicant shall deposit with the City Clerk, together with such application, a license fee of $100 for each machine, if the applicant is making an application for retail license and he is not an owner-operator, or $350 per machine if the applicant is an owner-operator and making application for an owner and operator's license. A special and separate application must be made for each amusement device for which a license is applied for by the retail licensee, except that if a licensee has more than one amusement device at the same location, the licensee may include them all in one application.
[Amended 6-2-1982 by Ord. No. C-214; 4-6-1983 by Ord. No. C-247; 2-20-1985 by Ord. No. C-338; 2-6-1991 by Ord. No. P-127]
Such license as may be granted hereunder shall be in effect until 12:00 midnight on the 30th day of June following the date of the license certificate issued by the City Clerk.
After such application as set forth herein has been tendered to the City Clerk, he shall forward the same to the Director of the Division of Public Safety, who shall investigate the statements therein made and, after such investigation has been made, shall endorse upon the application his recommendation for the granting or rejecting of the application. If the application for the license is rejected, the reason therefor shall be stated by the Director of the Division of Public Safety upon such application, and if the application for the license is approved by the Director of Public Safety, it shall be submitted by the City Clerk to the Council at its next regular meeting following the approval.
[Amended 11-4-1987 by Ord. No. V-140]
No license shall be issued to any person under the age of 21 years, to any person who has been convicted of a crime involving moral turpitude or to any person who has been convicted in a court of criminal jurisdiction for violation of this chapter or of any statute or ordinance prohibiting gambling. No license shall be issued to any corporation whose officers would not each qualify for a license under this article.
In an application by a corporation, the names and addresses of, and the amount of stock held by all stockholders holding one or more percent of any of the stock thereof and the names and addresses of all officers and of all members of the Board of Directors must be stated in the application, and if one or more of such officers or members of the Board of Directors would fail to qualify as an individual applicant in all respects, no license shall be granted.
In applications by partnerships, the application shall contain the names and addresses of all the partners. No license shall be issued unless all the partners would qualify as individual applicants.
No amusement device shall be placed, operated, maintained or used until the license or licenses, when issued, shall be affixed thereto in a conspicuous place so that the license may be easily and quickly identified. The license shall, on its face, disclose the manufacturer's serial number, the name and post office address of the licensee and the amount of money required to operate the amusement devise, and shall briefly state the operation of the amusement device to which the license is affixed, and the license shall be attached in a conspicuous place on the specified amusement device licensed.
No minor under the age of 16 years shall be allowed to play, operate or make use of any amusement device.
No person shall use or permit to be used any amusement device for the purpose of gambling.
Any licensee using or permitting the use of any amusement device licensed under this article for the purpose of gambling shall, in addition to the penalty prescribed in this chapter, be subject to prosecution under the statutes of the State of New Jersey provided therefor.
All amusement devices licensed under the authority of this article shall be subject to inspection by the Director of Public Safety and by the Police Department, and the licenses shall afford such Director and Police Department free entry to and upon the premises where the devices are located and free access to such devices for inspection purposes. In case a device is taken out of the premises for repairs or otherwise, the license must be taken off the machine and kept on the premises for which the license was issued.
The Director of the Department of Public Safety shall have the power to conduct a hearing for good and sufficient cause as to why a license issued under the provisions of §§ 74-1 to 74-12 should not be revoked. The Director of the Department of Public Safety shall give five days' notice, in writing, to the licensee of the time and place of the hearing and the nature of the complaint and shall afford the licensee an opportunity to be heard at the hearing. The Director of the Department of Public Safety shall report to the Council his findings and any recommendation he may have relative to the continuance, suspension or revocation of a license issued under the aforesaid sections.
No person shall maintain or operate in any place of business or amusement or social club any shuffleboard, unless a license is obtained therefor as herein provided.
Application for a license shall be made by the occupant of the premises where the shuffleboard is to be kept. The license fee for such shuffleboard shall be $15. Licenses shall expire at midnight on the 31st day of December following the date of such application.
Licenses granted under this section shall not be transferable.
No person shall maintain or operate in any place of business or amusement or social club any machine vending merchandise or any music machine or device, other than a cigarette vending machine, in which money is inserted, unless a license is obtained therefor as herein provided.
[Amended 4-19-1961 by Ord. No. 164; 4-5-2000 by Ord. No. R-428]
United States postage vending machines, telephone coin boxes, weighing machines or similar devices, which merely render a service, are hereby excluded from the provisions of this section.
Application for a license shall be made by the owner of the establishment where the machine is to be maintained, operated, and situated. Establishment owners may either apply for a music machine/device license or a vending machine license, but not both. A separate license must be obtained for the two different types of machines (music and vending machines). The establishment owner must be the individual named within said operating license. The license fee for music machines or devices shall be $50, and for all other types of vending machines, the fee shall be the sum of $25 for each machine. Licenses shall expire at midnight on the date upon which a complete lineal year has lapsed from the original date of issuance.
[Amended 4-10-1964 by Ord. No. 164; 4-5-2000 by Ord. No. R-428]
A license may not be granted to any person not of good moral character or who has been convicted of any violation pertaining to the issuance of licenses. No license shall be issued to any corporation whose officers would not qualify for a license under this section.
Application for any such licenses under this section shall be filed with the City Clerk and sworn to by the establishment owner, and shall set forth the name and address of the applicant and the type of the machine or device, together with its serial number.
[Amended 4-5-2000 by Ord. No. R-428]
If the application for a license is granted, it shall be issued in the name of the establishment owner, and the license shall be displayed conspicuously within the premises.
[Amended 4-5-2000 by Ord. No. R-428]
Licenses granted under the provision of this section shall not be transferable. Each and every subsequent owner of an establishment must procure his or her own operating license and must comply with the application requirements set forth herein.
[Amended 4-5-2000 by Ord. No. R-428]
[Amended 11-4-1987 by Ord. No. V-140]
Any person other than a corporation violating any provision of this article shall, upon conviction thereof before the Municipal Court, be subject to a fine in any sum not exceeding $1,000 or to imprisonment for a period not exceeding 90 days, or both.
Any corporation violating any provision of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $1,000, the amount of such fine, within the limits aforesaid, to be determined in the discretion of the Municipal Judge.
[Adopted 3-18-1998 by Ord. No. R-299]
In view of the indiscriminate sales of cigarettes to minors by automatic vending machines, all cigarette vending machines are hereby prohibited in the City of Hoboken, except as otherwise provided in § 74-18 of this article.
Notwithstanding the prohibition against cigarette vending machines specified in § 74-17 of this article, a cigarette vending machine is not prohibited under this article if such machine is manufactured, is mechanically altered, or is otherwise set up in such a manner as to render the machine incapable of dispensing cigarettes without some affirmative action by an employee or owner of the establishment in which said machine is located, which action shall be necessary to enable the machine to dispense cigarettes to one customer, but shall not enable the machine to dispense cigarettes to subsequent customers without the repetition of said action by the employee or owner prior to the use of the machine by each such customer.
Any person owning, operating, renting, or permitting the use of a cigarette vending machine on the premises under his or her control shall be subject to a fine of $250. Each day on which such a machine is owned, operated, rented, or permitted on the premises shall result in an additional fine.