[HISTORY: Adopted by the Mayor and Council
of the Borough of East Rutherford 1-1-1982 as Sec. 4-8 of the 1982
Recodification; amended in its entirety 12-19-1995 by Ord. No. 95-12.
Subsequent amendments noted where applicable.]
[Amended 6-16-1998 by Ord. No. 98-11; 2-16-2010 by Ord. No. 2010-08; 5-17-2016 by Ord. No. 2016-08]
In the interpretation of this article, the following words and
phrases, unless the context shows another sense to be intended, shall
be held to have the meanings as follows:
Any jukebox, music box or coin-operated electric phonograph
machine.
Any pool, bagatelle or similar billiard machine or any shuffleboard
or bowling machine.
Any other type of amusement machine operated for amusement
or game other than those included under Class A and Class B, including
but not limited to any automatic or mechanical or computerized machines,
game or device of skill or entertainment which is coin-operated or
set in motion by deposit therein of any coin or coins, tokens or slugs,
or the like thereof, purchased for cash or by any other method.
Any machine or device installed, operated, maintained or
used in any public or quasi-public place or any building, store or
other place wherein the public is invited or wherein the public may
enter, which upon insertion or use, in any way, of a coin or coins
of the United States operates and may be used for amusement and/or
game or similar activity. Wherever in this article the word "machine"
is used, it is intended to mean coin-operated amusement vending machine.
Any person who installs, operates, maintains or uses any
machine in the Borough of East Rutherford.
Any person who distributes machines to machine locations
in the Borough of East Rutherford.
The place in or upon which one or more machines shall be
installed, operated, maintained or used.
The Meadowlands District shall consist of any establishment
fronting on Route 17 and any area east of Route 17, commonly known
as the "Meadowlands" (except within the area known on the "Meadowlands
Complex" as defined in N.J.S.A. 5:10-3d).
A.
No
person shall distribute any Class A machine, Class B machine or Class
C machine to any machine location in the Borough of East Rutherford
without having first obtained a distributor license for that specific
machine.
B.
Each
distributor license for a specific machine, when issued, shall designate
the number, class under this article, and kind of machine allowed
to be distributed and/or owned under said license issued to the distributor.
All such licenses shall be issued by the Borough Clerk. Each such
distributor license for a specific machine shall lapse at the end
of the calendar year for which it is issued.
C.
Religious, educational, charitable and fraternal corporations, clubs,
societies and associations organized and operated without pecuniary
profit shall not be exempt from the payment of the dealer or distributor
fees hereunder.
A.
Except as provided in Subsection B below, no distributor license shall be issued for any machine for a proposed machine location within 1,000 feet from any church or public building or within 200 feet of any school or residence. That distance shall be measured on a straight line from the entrance of the school, church or public building or residence nearest the proposed machine location to the nearest entrance of the proposed machine location.
B.
Other distance. Notwithstanding Subsection A, if the proposed machine location meets the following conditions, the distances in Subsection B as to a school, church or public building shall be 500 feet:
(1)
The use of amusement games is accessory to the operation of a restaurant
in the proposed machine location;
(2)
The proposed machine location is on a lot that has at least 200 feet
of frontage along Route 17; and
(3)
The proposed machine location is on a lot which provides at least
100 parking spaces for business invitees to the lot.
C.
No licensee shall be permitted to have more than two Class C machines in any one place in any area of the municipality other than locations fronting on Route 17 or the Meadowlands District, provided, however, that this Subsection C shall not apply to a proposed machine location upon which the operation of such machines is the principal use.
A.
No
person shall install, operate, maintain or use any Class A, Class
B or Class C machine, as described hereunder, on or in any machine
location in the Borough of East Rutherford without first having obtained
a dealer license for the specific machine as prescribed in the article.
B.
All
such dealer licenses shall be issued by the Borough Clerk. Each such
dealer license for a specific machine shall lapse at the end of the
calendar year for which it is issued.
C.
Each
license or certificate thereof for a specific machine or such other
evidence of license as may be prescribed shall be kept by the dealer
as to be readily available for inspection for each and every machine
at or on the machine location.
D.
The
holder of a dealer license for a specific machine shall not be permitted
to transfer such license to any other machine.
A.
For
each distributor license issued for a specific Class A machine, Class
B machine or Class C machine and for each renewal thereof, there shall
be paid to the Borough Clerk a fee of $250 for the first machine in
a specified machine location and $150 for any such machine in the
same machine location thereafter.
B.
For
each dealer license issued the fee shall be:
Class of Machine
|
Fee
| |
---|---|---|
Class A
|
$50 per machine
| |
Class B
|
$100 each for the first two machines and $25 for each additional
machine
| |
Class C
|
$100 each for the first two machines and $25 for each additional
machine
|
A.
The application for a distributor or dealer license shall show the
name of the applicant, post office address, the number, class of machine
hereunder and kind of machine to be distributed or installed, operated,
maintained or used or owned, the intended machine location and such
other information as may be necessary and requisite.
B.
A separate application shall be made for each and every specific
machine to be distributed or installed, operated, maintained or used
or owned, except in the event of a transfer or substitution of one
machine, in which event the distributor and/or dealer shall be permitted
to transfer the present license to the substituted similar machine.
C.
No dealer license application shall be accepted for any machine unless
and until the distributor of such specific machine has been duly licensed
for said machine hereunder. Further, no person licensed only as a
distributor for a specific machine shall install, operate, maintain
or use or own any specific machine or machines in any machine location
in the Borough of East Rutherford unless and until the dealer license
or licenses are secured for said machine.
D.
Before each license issued, the distributor or licensee shall file
with the Borough Clerk an insurance policy, issued by an insurance
company authorized to do business in the State of New Jersey, or a
valid certificate of such insurance covering any and all claims for
damages to persons or property arising out of or by virtue of the
installation, operation, maintenance or use of any machine located
in the Borough of East Rutherford.
No license shall be issued under this article to any person
who has been convicted of a crime, and in the event that any licensee
shall be convicted of any crime, then the license of such person shall
be forthwith canceled and shall revert to the Borough of East Rutherford,
and the machine to which said license may be affixed or upon which
it may appear shall be deemed to be in operation in violation of this
article.
A.
Any person who violates any provision of this article shall be subject
to a fine of not more than $1,000 for each offense. Each day in which
the acts in violation of this article continue shall be deemed a separate
offense.
B.
Any operator of any Class A, Class B or Class C machine, and this
shall include any person, firm, partnership, association, corporation,
trustee or receiver, who shall knowingly or willfully permit, use
or permit to be used any of the machines licensed heretofore for purposes
of gambling is guilty of a violation of this article.
C.
Any person who shall willfully and knowingly permit a minor under
the age of 16 years to play and operate any Class B or Class C machine
licensed by this article is guilty of a violation of this article.
A.
All licenses issued under this article shall be issued for a specific
machine as herein defined.
B.
Each establishment shall be limited to two coin-operated amusements
if the same is located in the Borough of East Rutherford, except for
those establishments that are located in the Meadowlands District.
There shall be no limit on the number of coin-operated amusements
in the Meadowlands District.
This article shall include the establishments on the west side
of State Highway Route 17 and areas east of Route 17.
All licenses issued under this article shall
be issued for a specific game as hereinafter defined. It shall be
unlawful for any person, firm or corporation to own or operate within
the Borough of East Rutherford any amusement game or games as said
amusement game or games are defined by the Amusement Games Licensing
Law (P.L. 1959, c. 109[1]), whether said amusement game or games are of skill or
chance, or both, and whether said amusement game or games shall be
played and operated with or without numbers, symbols or figures, without
having first obtained the proper license from the Borough Clerk of
the Borough of East Rutherford. Said license shall be issued subject
to the provisions of the Amusement Games Licensing Law (P.L. 1959,
c. 109) and the revised Amusement Games Regulations (effective April
11, 1966) promulgated by the Office of Amusement Games Control, Department
of Law and Public Safety of the State of New Jersey.
[1]
Editor's Note: See N.J.S.A. 5:8-100 et seq.
A.
Each applicant for such license shall file with the
Borough Clerk a written application therefor. The application must
be in the form prescribed by the Commissioner of Amusement Games Control
and must comply with all the requirements specifically set forth in
Section 2 of P.L. 1959, c. 109,[1] and any amendments and supplements thereto and any additional
requirements as may be promulgated from time to time by the Amusement
Games Control Commissioner in the State of New Jersey. In addition
to any other information required by law, applications for a license
shall include the applicant's fingerprints (which shall be taken at
an authorized facility).
[Amended 3-19-2013 by Ord. No. 2013-03]
[1]
Editor's Note: See N.J.S.A. 5:8-101.
B.
Upon proof of compliance with all applicable requirements,
the Mayor and Council of the Borough of East Rutherford shall authorize
the Borough Clerk to issue a license for a particular game for a period
not to exceed a maximum of 14 days. Certified copy of the application
shall be transmitted by the Borough Clerk to the Commissioner of Amusement
Games Control.
C.
No application for the issuance of a license shall
be refused by the Borough Clerk until after a hearing is held on due
notice to the applicant at which the applicant shall be entitled to
be heard upon the qualifications of the applicant on the merits of
the application.
D.
Any license issued under this article may be amended
upon application made to the Borough Clerk of the subject matter of
the proposed amendment if the subject matter could lawfully and properly
have been included in the original license and upon payment of such
additional license fee, if any, as would have been payable if it had
been so included.
Any person, association or corporation who or
which shall make any false statement in any application for such license
or shall fail to keep such adequate and proper books and records and
shall fully and truly record all transactions connected with the holding,
operating or conducting of amusement games under such license or shall
falsify or make any false entry in any books or records so far as
they relate to any transaction connected with the holding, operating
and conducting of any amusement game under any such license or shall
violate any of the provisions of this article or the Amusement Games
Licensing Law (P.L. 1959, c. 109) or of any of the terms of any such
license shall be a disorderly person and if convicted as such shall,
in addition to suffering any other penalties which may be imposed,
forfeit any license issued to it under this article.
[Amended 3-19-2013 by Ord. No. 2013-03]
There shall be issued to an applicant who shall
qualify for a license a separate license for each specific game authorized
to be held, operated and conducted by the licensee, and a separate
license shall be issued for each location at which the licensee is
authorized to hold, operate and conduct such game. Said license shall
be for the specific term of the affair to be conducted but in no case
should exceed the maximum of 14 days. The license fee for each license
for each game at each specific location shall be $125 for the specific
affair for which the licenses are being sought. Said fee shall be
paid without proration and shall accompany the application for the
license.
All games permitted under the Amusement Games
Licensing Law (P.L. 1959, c. 109[1]) and permitted within the Revised Amusement Games Regulations
of the Office of the Amusement Games Control of the Department of
Law and Public Safety of the State of New Jersey as promulgated April
11, 1966, and as amended, shall be permissible games for which a license
may issue under this article.
[1]
Editor's Note: See N.J.S.A. 5:8-100 et seq.
All applications for licenses under this article
shall be filed, with the appropriate license fee, with the Borough
Clerk of the Borough of East Rutherford at least 10 days prior to
the proposed issuance date for said license in order that proper investigation
may be made of the applicant, and each license issued under this article
shall be valid only for the specific time enumerated thereon.
No licenses shall be granted for any games permitted
under the Amusement Games Licensing Law (P.L. 1959, c. 109) for any
area west of Route 17 within the Borough of East Rutherford.
For any licenses issued pursuant to the terms
of this article for games authorized to be held, operated and conducted
at the Meadowlands Sports Complex, the New Jersey State Police shall
have and exercise control and supervision over all such amusement
games held, operated or conducted under such license at the Meadowlands
Sports Complex with all the powers authorized or granted under said
Amusement Games Licensing Law (P.L. 1959, c. 109) and all amendments
and supplements thereto. Supervision of all other areas of within
the Borough of East Rutherford shall be vested in the Police Department
for the Borough of East Rutherford.