[HISTORY: Adopted by the Board of Commissioners of the City
of Union City as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Fees — See Ch. 155.
[Adopted 1-7-1997 as § 8-13 of the 1996 Revised General Ordinances,
as last amended by Ord. No. 2001-11]
This article is intended to promote and protect the public health,
safety, morals and general welfare and is passed in furtherance of
the specific objective to properly establish, regulate and control
mechanical amusement devices within the City and, in so doing, to
protect the established character and the social and economic well-being
of both private and public property; and to promote, in the public
interest, the proper regulation of mechanical amusement devices. The
purpose of this article is to license, regulate and control those
mechanical amusement devices which are operated for the purpose of
making a profit.
A.
The Board of Commissioners of the City has become aware of an increase
in the number of mechanical amusement device license applications;
and
B.
The Board of Commissioners of the City has been made aware of public
concern regarding the increase in the number of mechanical amusement
devices which have been installed throughout the City; and
C.
There is an apparent need for additional regulations of the business
of mechanical amusement devices so as to prevent the creation of nuisances
to patrons and the public, fire hazards, the incidence of gambling,
loitering or the creation of an unhealthy atmosphere for the youth
of the community and other undesirable effects of the concentration
and proliferation of such mechanical amusement devices in commercial
establishments which might threaten the health, safety and welfare
of this City; and
D.
Since the passage of the original ordinance regulating mechanical
amusement devices, there has been a dramatic increase in the number
of mechanical amusement devices sought to be licensed.
For the purpose of this article, the following words and phrases
when used herein shall be deemed to have the following meanings, except
as the context may otherwise require:
Any place wherein four or more coin-operated mechanical amusement
devices are maintained for use and operation by the public.
An individual applicant, a corporate applicant, any of its
officers, directors or stockholders; or a partnership applicant, any
of its partners or agents, representatives, attorney or manager.
The Director of the Department of Public Safety of the City
of Union City, County of Hudson, State of New Jersey.
Any person who supplies any mechanical amusement device to
another for use in a premises, whether under lease, sale or any other
arrangement.
The staking or risking of something of value upon the outcome
of a contest of chance or a future contingent event not under the
actor's control or influence, upon an agreement or understanding
that (s)he will receive something of value in the event of a certain
outcome.
The license issued to a licensee pursuant to this article.
The premises, or portion thereof, where a licensed mechanical
amusement device is to be operated, used or maintained.
The individual or entity obtaining a license pursuant to
this article.
The type of machine, electronic game or contrivance, including
but not limited to bagatelle, baseball, hockey, football, pool table,
gun, shuffle alley, bowling, pinball or pin amusement game, video
game, arcade game, computer game, mechanical grab machines, marble
machines, Skee Ball, or devices similar to the foregoing, which, upon
the insertion of a coin, paper money, slug or token in any slot or
receptacle attached to such machine or device, or connected therewith,
or which by remote control, mechanical or manual means, with or without
payment of a fee, operates or which may be operated for use as a game,
contest or amusement in a public or quasi-public place, or in the
building, store or other place which is open to the public, which
provides neither prizes nor the return of any money. It shall include
coin-operated video machines or games or similar devices that use
a display screen for points, lines and dots of light that can be manipulated
to simulate games or other types of entertainment. It shall not include,
nor shall this article apply to, music-playing devices.
No person shall maintain, operate or possess in any store, building
or other place which is open to the public, or in any building or
other place wherein any club or organization meetings are held within
the City, any mechanical amusement device without first obtaining
a license therefor.
A.
All applications and all renewals for a license under this article
shall be made and delivered to the License Inspector on forms to be
supplied for that purpose and shall be subscribed and sworn to by
the applicant.
B.
The application for license shall contain the following:
(1)
Name and address of the applicant.
(2)
Name under which the licensed premises is being operated and the
location of the same.
(3)
Number and type of alcoholic beverage licenses on the licensed premises,
where applicable.
(4)
Number and type of mechanical amusement devices sought to be licensed.
(5)
Location where each mechanical amusement device is to be located.
(6)
Name and address of the person from whom each mechanical amusement
device is to be purchased, rented or otherwise obtained.
(7)
Description of each mechanical amusement device sought to be licensed,
including, for each such mechanical amusement device, the name of
the manufacturer, model number and serial number.
(8)
Terms of agreement governing the acquisition and installation of
each such mechanical amusement device, including rates and dates.
(9)
A statement under oath indicating whether the distributor, the applicant
or any person currently connected with the operation of the licensed
premises has ever been convicted of any crime or found guilty of a
violation of any ordinance relating to gambling, including but not
limited to, violations of N.J.S.A. 2C:37-1 et seq., or any City ordinance
involving gambling or violation of this article, or a comparable offense
in a different jurisdiction. With regard to those applications from
corporations or partnerships, the statement under oath shall contain
information about each stockholder holding 10% or more of the stock
or a partner holding a 10% or greater share in the partnership.
(10)
Any other information which the Police Chief may deem reasonably
necessary and proper for the full protection of the interest of the
patrons or the public.
A.
Required. All applications for a licensed premises that is to contain
four or more mechanical amusement devices shall be required to have
an amusement arcade license.
B.
Fingerprints. The license application shall be accompanied by a set
of fingerprints of any person to be employed on the premises or having
an interest therein, whether as owner, lessee, operator, manager or
in any other capacity, however employed. In the event that the application
is made by a corporation or partnership, fingerprints shall be submitted
by each partner, officer and director thereof.
C.
Investigation and inspection.
(1)
The Chief of Police, or his/her designee, may initiate an investigation
of the premises and the applicant to determine the truth of the facts
set forth in the application.
(2)
The Fire Official, or his/her designee, may inspect the premises
to determine whether the premises complies with the existing fire
regulations of the City.
(3)
If such an investigation or inspection is conducted, a copy of any
report or findings shall be attached to the application by the appropriate
official.
D.
Requirements.
(1)
If an
applicant requests a license for four or more mechanical amusement
devices for any one location, (s)he shall provide the following:
(2)
The applicant shall submit plans to the Construction Official, or
other designated City official, demonstrating that the building or
place where the devices are to be located is properly insulated to
prevent noise of both the patrons and the devices from disturbing
or entering adjacent buildings and that the location wall conform
to all state noise level regulations.
(3)
The applicant shall submit to the Chief of Police a plan demonstrating
how the applicant intends to provide for change, temporary storage
of any and all money and all other security (s)he intends to operate
under within his/her place of business or at the location of the machines.
The Chief of Police shall submit a written report to the Mayor and
Commissioners commenting upon the proposed plan and indicating his/her
approval or disapproval and/or recommendations.
E.
Off-street parking.
(1)
Each premises licensed as an arcade shall provide private off-street
parking facilities of one car space, nine feet wide and 20 feet long,
for every five persons, or fraction thereof, who can be accommodated
in the structure at any single assemblage. For example, if the structure
is determined to accommodate 100 persons, then there shall be 20 off-street
private parking spaces.
A.
Any application which fails to conform to the requirements of this
article or which contains any misrepresentations shall constitute
sufficient grounds for the denial of the application.
B.
Except as otherwise permitted by this article, no license required
by this article shall be issued to any applicant who shall have been
convicted of:
(1)
A crime.
(2)
A disorderly persons offense related to gambling, including but not
limited to violations of N.J.S.A. 2C:37-1 et seq. or a comparable
offense in a different jurisdiction.
(3)
A violation of any City ordinance involving gambling, including but
not limited to a violation of this article or any provision of this
Code.
[Amended 5-21-2013]
C.
No license required by this article shall be issued to any applicant
to operate, maintain or use any mechanical amusement device in any
premises or location where a violation of this article has occurred
and for which violation a license has been automatically suspended
or revoked pursuant to this article.
D.
With regard to an application from corporations or partnerships an
applicant wherein a stockholder holding 10% or more of the stock,
or a partner holding a ten-percent or greater share in the partnerships
has been convicted of a crime, disorderly persons offense related
to gambling, including but not limited to violations of N.J.S.A. 2C:37-1
et seq., or any City ordinance involving gambling or violation of
this article or a comparable offense in a different jurisdiction,
shall be denied license.
No license shall be granted for any mechanical amusement device
which is to be used for the purpose of gambling. For the purpose of
this article, 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 of 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 include, but not be limited to, the following:
A.
Mechanical amusement devices known as Joker Poker, or any similar
mechanical amusement devices displaying playing cards; keno, or any
similar mechanical amusement devices displaying a number board where
numbers are designated by random; horse racing; roulette; dice; Lucky
Lines; Cherry Master or any similar mechanical amusement device styled
after a slot machine with a rolling display or circular wheel on which
are depicted symbols; lotto or lottery-type machines.
B.
Any mechanical amusement device 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 by restaurants
or retail establishments for the amusement of their patrons.
C.
Any mechanical amusement device with buttons or controls labeled
"double up" or "bet" or buttons or controls performing such function
regardless of label.
D.
Any mechanical amusement device which can be controlled or operated
from a remote location by other than the individual operator or player.
A.
All licenses issued under this article shall be for a term of one
year commencing January 1 and expiring on December 31 of the year
of issuance.
Any license granted pursuant to this article shall:
Each license shall entitle the licensee to conduct the licensed
business only at the location designated in the license and shall
not be transferable from person to person nor from place to place.
It shall be maintained only at the place and by the person designated
in the license. Any licensee wishing to transfer such license shall
make application to the Licensing Department in the same manner as
application for an original license.
All mechanical amusement devices licensed by the City must be
available at all times during licensure for internal inspection by
the licensing clerk or the police. No mechanical amusement device
shall be fastened, locked or secured in such a fashion that the licensee
or person in charge of the licensed premises cannot immediately provide
access to the internal components of such machine upon request.
A.
Location. No mechanical amusement device shall be located in a so-called
"back room" nor in any part of the licensed premises which is not
open to the public.
B.
Number. No more than three mechanical amusement devices shall be
permitted under this article for any location and/or wherein such
devices are to be operated, used or maintained, unless approved as
an amusement parlor or arcade.
C.
Physical limitations. The number of mechanical amusement devices
that may be located in any one location shall be governed by the physical
space available in any business location for the use of such devices.
The following rules shall govern the location of all mechanical amusement
devices within any licensed premises:
(1)
Not more than two mechanical amusement devices shall be licensed
or operated within the first 200 square feet of public floor space
of any one place of business. A license may be issued for additional
devices for every additional 50 square feet or four times the area
of the device, whichever is greater, of public floor space. Music
machines, such as jukeboxes, shall not be counted in the determination
of the original two machines or devices.
(2)
Each mechanical amusement device shall be located at least 10 feet
from the entranceway to the premises in which located and placed so
that it does not obstruct or interfere with the free passage to and
from the premises of patrons or users of the premises.
(3)
Each mechanical amusement device shall have an unobstructed perimeter
zone or distance of three feet around the sides of the three linear
borders of the device for the users of such devices. The area which
is required hereunder for each machine shall not be encroached upon
by the area for any other machine. It is the intent of this subsection
to prevent overcrowding and assure safe passage of the general public,
and each mechanical amusement device shall have its own unobstructed
perimeter zone.
(4)
A license for four or more devices in any one location shall not
be granted if the location is within 1,000 feet of a public school
giving instructions at least five days per week, holidays excepted,
for eight or more months per year.
(5)
An application for four or more devices shall not be granted if the
location of the machines is within 1,500 feet of any of the following:
D.
Operation within proscribed distances. No mechanical amusement device
may be operated within the proscribed distance of a school or house
of worship. This subsection shall not be construed to require the
removal of any mechanical amusement devices which were in place before
April 12, 1984.
A.
Any premises which is declared to be unsafe or a fire hazard and
which fails to meet the requirements for issuance of a certificate
of occupancy, as set forth in a written report by the Fire Prevention
Bureau, shall be deemed to be ineligible for a license.
B.
On or after the effective date of this article, the appropriate officials
of the City shall file with the License Inspector a schedule listing
the name and address of each amusement parlor or arcade located within
the City and listing the number of persons which can presently congregate
in the structure on any single occasion in compliance with fire safety
and health standards codes.
The hours of operation for any arcade licensed under this article
shall be between 9:00 a.m. and 11:00 p.m., except Friday and Saturday
evenings of each week. On Friday and Saturday evenings, the licensed
premises may remain open until 12:00 midnight. Children under the
age of 16 years shall be forbidden by the licensee, his/her agents,
servants or employees to play any mechanical amusement devices or
other arcade games between 9:00 a.m. and 3:30 p.m. when public or
parochial schools are in session.
A.
No intoxicated or disorderly person shall be admitted to the licensed
premises or permitted to remain therein. No licensee, agent or employee
shall permit dispensation, consumption or bringing on to the licensed
premises of any alcoholic beverage, as defined in N.J.S.A. 33:1-1
et seq., except on those premises so licensed under the Alcoholic
Beverage Control Act, N.J.S.A. 33:1-1 et seq.
B.
No person shall loiter or congregate within the licensed premises
or on public or private property outside of and immediately adjacent
to the licensed premises. Such loitering or congregation shall be
considered as conducting business in a disorderly manner.
C.
No public entrance or exit shall be locked during legal hours of
operation.
D.
No person shall be permitted on the premises licensed as an arcade
other than during the hours of operation set forth herein, except
those directly operating or employed on the licensed premises.
E.
No activity which is or may be detrimental to the public health,
safety, welfare or morals shall be permitted on the licensed premises.
F.
No person shall cause noise or loudness of such nature so as to disturb
the peace and quiet in, upon and around the licensed premises.
G.
No person under the age of 18 years shall be employed in a premises
licensed as an arcade.
H.
A mechanical amusement device may only be used or operated during
the hours of operation of the premises in which located and where
the operator or an employee of the operator is present in the premises.
I.
No licensee, or his/her agents, servants or employees, shall offer,
permit, suffer or allow any prize, something of value or return of
money on any mechanical amusement device on the licensed premises.
This section shall not be deemed to prohibit any form of promise involving
extension of a privilege of playing on a mechanical amusement device
without charge as an award for the attainment of a certain score on
that device.
No premises licensed as an arcade under the terms of this article
shall be in operation unless there is in force a public liability
insurance policy to cover any injuries suffered as a result of the
operation of the licensed premises. Liability insurance shall be in
the amount of not less than $100,000 for any one occurrence and not
less than $50,000 for injury to any one person. If any such policy
is canceled during the license year, immediate notification of same
must be given to the City by the licensee.
A license may be suspended, revoked or not renewed by the Board
of Commissioners for violation of any of the terms and provisions
of this article or for any other just and good cause, provided that
the licensee is served with notice of charges and given an opportunity
to be heard. Good cause shall include:
A.
Gambling on the premises.
B.
False or incorrect material on the application or information furnished
by the applicant.
C.
Failure to maintain good and safe conduct on the premises.
D.
Violation of the laws of the State of New Jersey, federal law or
of this article or any other ordinances of the City pertaining to
the operation of the licensed premises.
E.
The presence of the machines resulting in gambling, obscene and loud
language, disturbing the public or to the other patrons of the premises,
creation of a nuisance, excess noise, litter, traffic or rowdyism
by the patron.
F.
A disorderly persons offense against the licensee related to gambling,
including, but not limited to, violations of N.J.S.A. 2C:37-1 et seq.
G.
Any cause which would have been cause for a rejection of the application
in the first instance.
A.
Any person whose license has been revoked pursuant to this article,
after the lapse of two years from the date of conviction, may apply
to the Mayor and Commissioners for an order removing the disqualification
from obtaining or holding a license under this article.
B.
Whenever any such application described in Subsection A of this section is made, and it appears to the satisfaction of the Mayor and Commissioners that at least two years have lapsed from the date of the last conviction, the applicant has conducted him/herself in a law abiding manner during that period, the granting of a license for the operation of a mechanical amusement device will not be contrary to the public interest, the Mayor and Commissioners may enter an order removing the applicant's disqualification from obtaining or holding a license under this article because of the conviction. On and after the date of the entry of such order, the person therein named shall be qualified to obtain and hold a license under this article, notwithstanding the conviction therein referred to, provided (s)he is, in all other respects, qualified under this article.
A.
If the police, 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 pursuant to this
article, such device may be seized, removed and impounded from the
premises by the police or such other law enforcement officer, and
the police or other authorized law enforcement officer shall have
the right to access the internal components of such mechanical amusement
device.
B.
In order to gain access to the internal components of any mechanical
amusement device seized under this article, the proprietor or distributor
shall provide immediate access, or the police or law enforcement officer
may gain entry by alternate means.
C.
Written notice of any seizure pursuant to this article shall be given
to the distributor or owner of such device, as designated on the device
or on the license application on file with the License Inspector for
the device in question. Such notice shall be mailed by certified mail,
return receipt requested, and regular mail to the owner or distributor
at the address designated on the machine or on file with the License
Inspector within two business days of seizure. Such notice shall be
deemed complete upon mailing.
D.
Any such seized mechanical amusement device shall not be released
until proper ownership documents are presented and/or licensing fees,
if such device is eligible for licensing, are paid, together with
a removal/storage charge of $250 per device seized. If possible, those
removing the device shall provide the person in charge at the place
of removal with a report, to be filed with the Police Department,
noting any obvious damage to the property. Thereafter, any person
aggrieved thereby may petition for a hearing in writing before the
Director.
E.
If no person files a claim for return of a seized mechanical amusement
device seized under this article within six months from the date of
seizure, such device may be disposed of pursuant to N.J.S.A. 40A:14-157.
A.
Any person who violates any provision of this article shall, upon
conviction thereof, be subject to a minimum fine of $500 per violation,
with the maximum penalty not exceeding $1,000, imprisonment for 90
days or community service of 90 days. Any additional fine imposed
by the court for a repeat violation of this article shall not be less
than the minimum or exceed the maximum penalty set forth above.
B.
Each day that a violation occurs or is committed shall constitute
a separate offense.
