[HISTORY: Adopted by the Mayor and Council of the Borough
of Somerdale 4-26-1976 (Ch. 37, Art. II, of the 1973 Code). Amendments noted where
applicable.]
A.
The purpose of this chapter is to regulate the licensing and use
of coin-controlled amusement devices to preserve and protect the public
good, welfare and morals.
B.
All fees specified in and required by this chapter are imposed to
defray the cost of regulation and for revenue where such is permitted
by state law.
[Amended 9-12-1990 by Ord. No. 90:09]
Applications for licenses shall be made, in writing, on forms
to be supplied by the Borough to the Borough Clerk and, in order to
enable the Borough Clerk to determine the suitability of the premises
and their location and the fitness of the applicant to maintain or
use the devices applied for, shall contain the following information:
A.
The type of ownership of the business, i.e., whether individual,
partnership, corporation or otherwise.
B.
The name, style and designation of the business maintaining the devices.
C.
The address of and all telephone numbers at the location where the
device or devices will be utilized.
D.
The name and residence address of the manager and/or other person
principally in charge of the operation of the business premises.
E.
The following personal information concerning the applicant, if an
individual, and concerning each stockholder holding 10% or more of
the stock of the corporation, each officer and each director, if the
applicant is a corporation, and concerning the partners, including
limited partners, if the applicant is a partnership, and concerning
the manager or other person principally in charge of the business
premises:
(1)
The name, complete residence address and residence telephone number.
(2)
The two previous addresses immediately prior to the present address
of the applicant or officer thereof submitting the application.
(3)
Written proof of age.
(4)
The height, weight, color of hair and eyes and sex of the applicant.
(5)
Two front-face portrait photographs taken within 30 days of the date
of the application ad at least two by two inches in size.
(6)
Whether or not the applicant had been previously licensed by any
public or governmental authority to maintain coin-controlled amusement
devices for use by the public or has previously applied for such a
license and whether or not such a license has been denied, revoked
or suspended and the reason therefor.
(7)
All criminal convictions, fully disclosing the offense for which
convicted and the circumstances thereof.
(8)
A complete set of fingerprints taken and to be retained on file by
the Borough Clerk or his authorized representative.
(9)
Such other information as may be required by the Borough Clerk to
discover the truth of the matters herein before required to be set
forth in the application.
(10)
Authorization for the Borough, its agents or employees to seek information
and conduct an investigation into the truth of the statements set
forth in the application.
(11)
The names and addresses of three adult residents of the County of
Camden who will serve as character references.
(12)
A written declaration by the applicant, under penalty of perjury,
that the foregoing information contained in the application is true
and correct, said declaration being duly made before an individual
authorized to administer oaths within the State of New Jersey, which
individual shall affix his sign or seal thereto.
(13)
The number of licenses desired.
(14)
The category of the device, as specified below.
(15)
The address where the device is to be located.
(16)
A description of the device or devices, including the name of the
manufacturer and the serial number.
[Amended 9-12-1990 by Ord. No. 90:09]
No person shall place or maintain or permit to be placed, operated,
used or maintained in any public or quasi-public place or in any building,
store or other place wherein the public is invited or may enter any
coin-controlled amusement device without first having obtained a license
for each such device from the Borough Clerk.
No license shall be issued unless the application and license
fee requirements have been met and an investigation into the fitness
of the applicant has been conducted.
[Amended 5-8-1991 by Ord. No. 91:05; 9-12-1990 by Ord. No. 90:09]
Upon receiving the application and fee, the Police Chief shall
conduct an investigation into the applicant's moral character
and personal and criminal history. He may, in his discretion, require
a personal interview of the applicant and such further information
as shall bear on the investigation.
[Amended 9-12-1990 by Ord. No. 90:09]
The Borough Clerk shall issue a license within 45 days of receipt
of the application unless he finds that:
A.
The correct license fee has not been tendered with the application.
B.
The maintenance or use of such device or devices would not comply
with all applicable laws, including but not limited to building, zoning
and health regulations.
C.
The applicant, if an individual, or any of the stockholders holding
10% or more of the stock of the corporation, any of the officers or
any directors, if the applicant is a corporation, or any of the partners,
including limited partners, if the applicant is a partnership, and
the manager or other person principally in charge of the operation
of the business have been convicted of any crime involving dishonesty,
fraud, deceit or moral turpitude.
D.
The applicant has made any false, misleading or fraudulent statement
of fact in the permit application or in any document required by the
Borough in conjunction therewith.
E.
The applicant has had a similar license denied, revoked or suspended
within five years prior to the date of the application.
F.
The applicant if an individual, or any of the officers or directors,
if the applicant is a corporation, or any of the partners, including
limited partners, if the applicant is a partnership, or the manager
or other person principally in charge of the premises on which the
devices are located is not over the age of 18 years.
Every license issued hereunder shall be numbered and shall disclose
on its face the name and post office address of the licensee to whom
it is issued and the address wherein the device shall be located.
A.
A separate license shall be obtained for each coin-controlled amusement
device and shall be affixed thereto by the licensee.
B.
No coin-controlled amusement device shall be placed, operated, maintained
or used or permitted to be placed, operated, maintained or used in
the Borough until the license required hereunder shall be affixed
thereto in a conspicuous place so that the same may be easily identified.
Any such coin-controlled amusement device which shall not have a license,
as required herein, affixed thereto shall be deemed to be an unlicensed
device. The Police Director may take possession and retain custody
of any device which is or appears to be unlicensed.
[Amended 9-12-1990 by Ord. No. 90:09]
A license for a coin-controlled amusement device shall not be
transferred.
Each licensee hereunder shall be bound by the terms, conditions
and statements set forth in the license application, and the issuance
of any license hereunder shall be on said basis.
A.
All licenses issued under this chapter shall be deemed to be granted
upon the express condition that, in addition to any other sanction
or penalty, the issuing, licensing or approving authority may:
(1)
After due notice by personal service or registered or certified mail
and after due hearing, suspend or revoke the license of any person
for violating any provision of this chapter or for other good cause;
or
(2)
Suspend temporarily, pending a hearing or notice thereof, any such
license when such action is deemed by the license-issuing authority
to be immediately necessary to prevent emergent danger to the public
welfare, good or morals. Any such temporary suspension without notice
shall be for a period not longer than 10 days.
All licenses under this chapter shall be issued subject to state
law, this chapter and other applicable ordinances and police regulations
of the Borough.
As used in this chapter, the following terms shall have the
meanings indicated:
Any machine, device or instrument, the principal purpose of
which is to play music upon the insertion of a coin, slug or other
consideration.
Any machine, device or contrivance which is permitted to function
or operate by the insertion of a coin, slug, token, plate, disc or
other consideration and which is operated for amusement. Such term
shall specifically include, but shall not be limited to, any device
in or on which the operator or other person may ride, stand, sit or
be carried.
Any machine, device or contrivance which, upon the insertion
of a coin, slug or other consideration, may be operated for use as
a game or contest of any description and which may or may not contain
any form of payoff device for the return of slugs, money, coin checks,
tokens, merchandise or other forms of prize or merchandise, and shall
include pinball machines, video games, arcade games, computer games
and other coin-controlled devices.
[Amended 9-12-1990 by Ord. No. 90:09]
Any machine, device or contrivance which, upon the insertion
of a coin, slug or other consideration, displays any form of film,
picture or moving-picture films.
A.
No licensed device shall be used or operated or permitted to be used
or operated to display any form of film, picture or moving-picture
film which is obscene, whether or not the observer is or is intended
to be a consenting adult.
B.
No licensed device shall be operated or be permitted to be operated
as a game of chance or gambling device.
[Added 12-11-1985 by Ord. No. 85:15A; amended 9-12-1990 by Ord. No.
90:09]
The maintenance of coin-controlled amusement devices is hereby
determined to be a regulated use and subject to the following restrictions:
A film, picture or moving-picture film is obscene if it portrays
or depicts human sexual intercourse, homosexual acts, sadistic sexual
acts, human sexual acts other than sexual intercourse, sexual acts
between man and beast or human sexual organs and if the average person,
applying contemporary community standards, finds that the film, moving-picture
film or picture, taken as a whole, appeals to the prurient interests
in sex and the film or moving picture depicts or portrays such human
sexual intercourse, sexual acts between man and beast or human sexual
organs in a patently offensive manner and the picture, film or moving-picture
film, taken as a whole, lacks serious literary, artistic, educational,
political or scientific value.
Any person desiring to utilize a coin-operated amusement device
for the display of a film, picture or moving-picture film which he
has reason to believe may be obscene shall act as follows:
A.
If the person has any such picture, film or moving-picture film on
hand or in stock which he intends to display within the month following
the next monthly meeting of the Review Committee, he shall submit
all of the same to the Review Committee for inspection. The Review
Committee shall consist of the Mayor, a consenting elected officer
of the Borough of Somerdale and a consenting resident of said Borough
who is registered to vote therein. Said Review Committee shall be
constituted forthwith, and the appointed members shall be forthwith
appointed by and shall serve at the pleasure of the Mayor, without
compensation. Said Review Committee shall act by a majority of the
members thereof. The submittal specified shall be accompanied by a
fee of $500.
B.
If, in the interim of the monthly meetings of the Review Committee,
the person intends to display any such film which had not been submitted
at the prior monthly meeting, on an occasion before the next public
meeting of said Committee, he shall submit said film, picture or moving-picture
film to the Police Director of the Borough of Somerdale for investigation;
and each such submittal shall be accompanied by a fee of $500.
[Amended 9-12-1990 by Ord. No. 90:09]
C.
The person shall, 24 hours prior to submittal to the Review Committee
or Police Director, notify it or him, in writing, of the intended
submittal and the nature thereof. Within 24 hours (Saturdays, Sundays
and holidays excepted) of receipt of said notice, the Committee, in
the case of a Committee submittal or referral, or the Police Director,
whichever is applicable, shall inspect the film, picture or moving-picture
film, and the applicant shall reasonably be notified, either by telephone
or written notice left at the location of the device, of the time
and place appointed for such inspection. The failure of the applicant
to cooperate in any way in arranging a time for inspection within
said 24 hours shall not relieve said applicant of the duty to submit
the film, picture or moving-picture film for inspection.
[Amended 9-12-1990 by Ord. No. 90:09]
[Amended 9-12-1990 by Ord. No. 90:09]
A.
In the case of a submittal to the Police Director, he shall, within
24 hours (Saturdays, Sundays and holidays excepted) of the termination
of said inspection, either inform the applicant, in writing, that
the item submitted is not obscene and may, therefore, be displayed
without fear of prosecution under this chapter or inform the applicant
that he has referred it to the Review Committee for inspection.
B.
Within 72 hours of any submittal or referral to the Review Committee,
the applicant shall either be informed, in writing, that the film,
picture or moving-picture film is not obscene and, therefore, may
be displayed without fear of prosecution under this chapter or inform
the applicant that the Borough of Somerdale has brought suit seeking
to have the display of the film, picture or moving-picture film enjoined
because of its obscene character. It shall be a violation of this
chapter to display the same during the time period of this investigation.
Nothing herein shall prevent the applicant from displaying said film,
picture or moving-picture film after the end of the time period specified
for investigation; subject, however, to any judicial restraints imposed.
If for any reason the Police Director is unavailable to perform his
function under this chapter, he may appoint another person in his
stead.
The Somerdale Police Department shall examine the premises where
such devices are located on a regular basis to ensure compliance with
the terms of this chapter.
A.
A licensee or anyone violating the terms of this chapter shall forfeit
all licenses issued for all devices pursuant to the terms of this
chapter.
B.
Any person who violates any provision of this chapter shall, upon
conviction thereof, be subject to any combination of the following:
[Amended 9-12-1990 by Ord. No. 90:09]
A.
Where necessary, this chapter shall be construed in a manner which
will render it valid and constitutional.
B.
If for any reason any section or any part of a section or provision
of this chapter shall be adjudged unconstitutional or invalid, such
judgment shall not be held to affect other sections.
