[HISTORY: Adopted by the Mayor and Council of the Borough
of Mount Arlington as Section 4-6 of the 1982 Compilation. Amendments
noted where applicable.]
A.
This chapter of the Code of the Borough of Mount Arlington as herein
adopted shall not apply to any amusement game which is controlled
by and licensed pursuant to the provisions of the Amusement Games
Law (P.L. 1959, c. 109), N.J.S.A. 5:8-100 et seq., and by the provisions
of the New Jersey Administrative Code, Chapter 3.
B.
This chapter shall, however, apply to all other machine jukeboxes
and amusement or entertainment machines or devices located within
a recognized amusement park.
The purpose of this chapter is to license and regulate the operation
of amusement or entertainment machines and devices and machine jukeboxes
when employed for amusement or entertainment on a commercial basis.
Because these machines and devices may become a public nuisance by
reason of the manner in which they are operated, it is hereby determined
by the Borough of Mount Arlington that control and regulation of such
machines and devices is necessary for the protection and preservation
of the public safety, morals and welfare.
For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meaning given herein:
Any machine, contrivance or device which, upon the insertion
of a coin, slug, token, plate, disc or key into a slot, crevice or
other opening, or by the payment of any price, operates or may be
operated by the public generally for use as a game, entertainment
or amusement, whether or not registering a score. It shall include,
without limitation, such devices as skillball, marble machines, pinball
machines and any electronic or mechanical game machines, devices,
operations or transactions similar thereto, under whatever name they
may be called, and any pool- or billiard table or any shuffle board.
It shall also include, without limitation, any machine or device commonly
called a "peep show" and any machine or device commonly called a "kiddie
ride."
Any music vending machine, contrivance or device which, upon
the insertion of a coin, slug, token, plate, disc or key into any
slot, crevice or other opening, or by the payment of any price, operates
or may be operated by the public generally for the emission of music,
songs or similar amusement and shall include, without limitation,
what is commonly called "children's mini-cartoon theaters."
Any natural person, partnership, firm, association, corporation
or any other business entity which owns or controls premises or a
location within the Borough of Mount Arlington in which any machine
jukebox or amusement or entertainment machine or device is displayed
for public patronage or is placed or kept for operation by the public.
Any natural person, partnership, firm, association, corporation
or any business entity which owns or controls premises or a location
within the Borough of Mount Arlington in which any machine jukebox
or amusement or entertainment machine or device which is owned by
said natural person, partnership, firm, association or corporation,
or any other business entity, is displayed for public patronage or
is placed or kept for operation by the public.
Any natural person, partnership, firm, association, corporation
or other business entity.
No person, firm or corporation shall maintain, operate or possess,
in any store, building or other place of location wherein the public
is invited or where the public may enter or go upon, or any buildings
or other place or location wherein any club or organization meetings
are held, within the Borough of Mount Arlington, any machine jukebox
or amusement or entertainment machine or device without first obtaining
a license therefor.
[Amended 7-21-1982 by Ord. No. 82-6]
A.
The annual license fee for each such machine jukebox or amusement
or entertainment machine or device shall be $100 for the first machine
jukebox or amusement or entertainment machine or device; and $50 for
each of the next nine machine jukeboxes or amusement or entertainment
machines or devices; and $25 for each other machine jukebox or amusement
or entertainment machine or device over 10, payable in advance for
the calendar year in which issued.
B.
The license fee for any license obtained during the calendar year
shall not be prorated; provided, however, that the license fee for
any seasonal business that is only open for a maximum period of six
months during the summer season shall be equal to 50% of the above
stated fees. A sworn affidavit of the licensee stating the time period
of any seasonal business shall accompany the application for said
license.
The Borough Clerk shall cause to be prepared the necessary forms of application for license to maintain such machine jukebox or amusement or entertainment machine or device, which application shall state the name and address of the applicant; the location where the machine jukebox or amusement or entertainment machine or device is to be installed; and the kind of machine; whether or not the applicant or any operator of the premises has been convicted of a crime or violation of any municipal ordinance; and such other information as the Chief of Police shall deem necessary and proper. An application shall be required prior to the issuance of license and upon each renewal of said license. The application fee shall be $25 and shall be submitted along with the application and license fee. If the application is denied the fee shall be returned to the applicant. One application can be submitted for multiple licenses in accordance with § 45-7.
Except for an amusement arcade and an amusement park, no more
than six machines or devices of the type or types herein mentioned
shall be permitted to be used or operated in any one place, location
or premises, and a separate license must be obtained for each machine
so operated. Persons owning or leasing more than six machines as of
the effective date of this chapter shall be permitted to maintain
said additional machines, provided that licenses are obtained for
them.
A.
An "amusement arcade not located within an amusement park" is defined as a place of business principally devoted to amusement games or machines. It shall not be permitted more than 25 machines or devices as the same are described in § 45-3.
B.
Hours of operation. Any premises primarily devoted to the business
of making available amusement machines or games shall not open prior
to 11:00 a.m. and shall close by 11:00 p.m.
C.
Location of amusement arcade. Any premises primarily devoted to the
business of making available amusement games or machines, commonly
known as "amusement arcade," shall not be located closer than 750
feet to any church, school or place of business authorized to sell
or disburse alcoholic beverages.
A.
The application must be signed by the applicant, and his signature
witnessed. Upon receipt of the application the Borough Clerk shall
refer the same to the Chief of Police who shall make, or cause to
be made, an inspection of the premises described in said application.
The Chief of Police, upon completion of his inspection, shall attach
to said application his report thereon in writing, which shall also
state his approval or disapproval and the reasons therefor.
B.
Disapproval of an application shall be based on one or more of the
following findings with respect to the applicant or the premises:
(1)
Conviction of a crime involving moral turpitude.
(2)
Previous fraudulent acts or conduct.
(3)
False statements contained in the application.
(4)
That the location of such machines upon the premises shall constitute
a safety hazard in the opinion of the borough's Fire Official
and under applicable fire regulations.
[Amended 3-15-1995 by Ord. No. 95-11]
(5)
That the location of such machines upon the premises shall constitute
an obstruction encouraging loitering.
[Amended 3-15-1995 by Ord. No. 95-11]
C.
Upon receipt of said application and inspection report, the Mayor
and Council of the Borough of Mount Arlington shall proceed to consider
the same and shall either approve or disapprove the issuance of the
license to said applicant. If the application is approved, the Mayor
and Council may authorize the Borough Clerk to issue the necessary
license or licenses.
At any time after the granting of said license, the Mayor and
Council may, in the exercise of its discretion, revoke the same for
any willful false statement in the application. Said license may be
revocable in the event that licensee shall be convicted of any crime
or shall be convicted of any violation of this chapter.
Nothing contained in this chapter shall prohibit the holder
of the license herein provided for from substituting a game or machine
at the location set forth in such license, but at no time shall more
than one game or machine be operated under one license. All substitutions
of licenses for new machines shall be reported to the Borough Clerk,
who shall keep a record of the same on file along with the original
license or licenses issued.
Every such license shall apply only to the person to whom granted
and for the premises stated in the application and shall not be transferable
unless the Mayor and Council approves of such transfer by motion.
A.
Any person, firm or corporation who shall use or permit to be used
any of the machines or devices licensed hereunder for the purpose
of gambling shall be guilty of a violation of this chapter and penalized
therefor as herein provided. The Mayor and Council may, in its discretion,
revoke the license of the licensee if said machine is used or permitted
to be used for the purpose of gambling.
B.
Any person, firm or corporation who shall use or permit to be used
alcoholic beverages, except where specifically authorized by state
statute, or drugs on the premises where said machines or devices are
available to the general public shall be guilty of a violation of
this chapter and penalized therefor as herein provided. The Mayor
and Council may, in its discretion, revoke the license of the licensee
of said machines for any violation of this provision.
