[HISTORY: Adopted by the Mayor and Council of the Borough
of Montvale as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-11-1952 by Ord. No. 361 (Ch.
6 of the 1966 Code)]
It shall not be lawful to conduct, maintain
or operate a public place of amusement within the Borough of Montvale,
County of Bergen and State of New Jersey, such as theaters, moving-picture
shows, circuses, open-air bathing pools, roller-coasters, scenic railways,
merry-go-rounds, Ferris wheels, concerts, exhibitions, pool or billiard
parlors, skating rinks, or any show or performance or other place
of business wherein amusement is provided and to which an entrance
fee is charged, without first having had and obtained for that purpose
a license therefor, to be issued by and in the name of the Borough
of Montvale; provided, however, this article shall not affect such
shows, entertainment or places of public amusement except circuses
and traveling shows which are not continued for more than three days
consecutively and not more than 15 days in any calendar year.
Application for licenses as provided for in § 142-1 of this article shall be made, in writing, by the person or persons, firm or firms, corporation or corporations conducting such places of amusement. Application shall set forth the nature of the amusement, location of the place in which it is to be maintained and conducted; name or names of the owners thereof and the names of the manager or operator in charge of such amusement or places of amusement. The fees, as hereinafter provided for, shall be accompanied by such applications. Any such application shall be immediately reported to the Borough Council of the Borough of Montvale for action thereon and if the same is granted, the Clerk shall issue a license, in writing, in the name of the Borough of Montvale. All licenses, unless otherwise provided for, shall be for the balance of the calendar year; all licenses terminating as of December 31 of each year unless sooner canceled and revoked for cause. The Borough Clerk shall keep a proper record of any license issued by him under the direction of the Council of the Borough of Montvale containing the name of the party to whom it was issued, the date of issue and the purpose for which the same was issued. Each license, when received, shall set forth the name of the person to whom it was issued, the place where it was issued, the amusement designated and the length of time that said license is to run. Each license shall be good only for the place designated therein, for the amusement designated and the party or parties as set forth in said license. No license shall be transferred except by consent of the Council of the Borough of Montvale. The fees for such licenses shall be as follows:
A.
Theaters, motion-picture
shows, circuses and amusement places operating roller-coasters, scenic
railways, merry-go-rounds, Ferris wheels and exhibitions, $50 for
each day such theater, motion-picture show, circus or place of amusement
shall be operated.
B.
Concerts, $5 for
each day such performance may be given.
D.
Pool or billiard
parlors, $100 per annum.
E.
Skating rinks,
$500 per annum.
F.
Bowling alleys,
$500 per annum
[Added 5-12-1970 by Ord. No. 577]
All licenses shall be issued subject to all
existing ordinances of the Borough of Montvale and to such other ordinances,
rules or regulations which may hereafter be passed or adopted by the
Council of the Borough of Montvale. Any license issued may be revoked
for cause upon written notice and after hearing the party to whom
such license was issued.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
All ordinances or parts of ordinances inconsistent
herewith be and the same are hereby repealed.
This article shall take effect when passed and
published as provided by law.
[Adopted 12-9-1980 by Ord. No. 80-723 (Ch.
5 of the 1966 Code)]
As used in this article, the following terms
shall have the meanings indicated:
Any machine which, upon the insertion of a coin, slug, token,
plate or disc, may be operated by the public generally for use as
a game, entertainment or amusement, whether or not registering a score,
including, but not limited to, such devices as marble machines, pinball
machines, skill ball, mechanical grab machines and all games, operations
or transactions similar thereto under whatever name they may be indicated.
It shall include video-type games or machines 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.
Any person who supplies any automatic amusement device to
another for use in his place of business, whether under lease or any
similar arrangement.
One or more automatic amusement devices that are incidental
and accessory to a principal use (other than the maintenance and operation
of automatic amusement devices) in a building to which patrons are
admitted only upon the payment of an admission fee and in which no
alcoholic beverages are served; and that occupy no more than one square
foot of floor area for each 1,000 square feet of aggregate floor area
in such building.
[Added 7-11-1995 by Ord. No. 95-998]
Any person in whose place of business any automatic amusement
device is placed or kept for operation by the public.
Any person, firm, corporation, partnership or association.
A.
License required.
No person shall maintain, operate or possess in any store, building
or other place where the public may enter or in any building or other
place wherein any club or organization meetings are held within the
Borough of Montvale any automatic amusement device without first obtaining
a license therefor.
B.
Exceptions. Any
persons who own or lease automatic amusement devices covered by this
article and who are nonprofit, charitable or religious organizations
are exempted from the fee and payment requirements of obtaining a
license or licenses upon said automatic amusement devices, but such
organizations shall remain subject to all other provisions of this
article.
C.
The purpose of
this article is to license, regulate and control those automatic amusement
devices which are operated in a commercial venture for the purpose
of making a profit.
A.
All applications
for a license under this article shall be made and delivered to the
Borough Clerk in duplicate on forms to be supplied for the purpose
and shall be subscribed and sworn to by the applicant.
B.
The application
for the license shall contain the following:
(1)
Name and address
of the applicant.
(2)
Name under
which the place of business is being operated and the location of
the same.
(3)
Number and
type of alcoholic beverages licenses, where applicable.
(4)
Number and
type of machines sought to be licensed.
(5)
Location where
each automatic amusement device is to be located.
(6)
Name and address
of the person from whom each device is to be purchased, rented or
otherwise obtained.
(7)
Description
of each automatic amusement device sought to be licensed, including,
for each device, the name of the manufacturer, model number and serial
number.
(8)
Terms of agreement
governing the acquisition and installation of said automatic amusement
device.
(9)
Information
indicating whether the distributor, the applicant or any person connected
with the operation of the place of business wherein the device is
to be installed has ever been convicted of any crime or found guilty
of the violation of any ordinance pertaining to gambling or gaming.
(10)
Any other
information which the Mayor and Council may deem reasonably necessary
and proper for the full protection of the interest of the public in
the application.
C.
The Mayor and
Council may request of an applicant additional information supplementing
the information given in the application.
A.
Each 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 and unfettered passage of patrons or users of the premises.
B.
Except in a family
fun center, each device shall have an unobstructed perimeter zone
or distance of five feet around the sides of the three linear borders
of said device wherein the users of said device may use, watch or
wait to use said device.
[Amended 7-11-1995 by Ord. No. 95-998]
C.
An automatic
amusement device may only be used or operated during the hours of
operation of the premises in which located.
A.
All licenses
issued under this article shall be for a term of one year, commencing
on January 1 and expiring on December 31 of the year of issuance.
B.
A license may
be transferred from one machine to another by giving notice to the
Borough Clerk to that effect and giving a description of the new machine,
including manufacturer, model number and serial number. A license
may be transferred from one place to another by giving notice to the
Borough Clerk to that effect and supplying the required information
as to the new premises. There shall be a fee for all transfers from
one place to another in the amount of $25 per place or transfer.
No person shall, in his place of business, permit
gambling in connection with the playing of any automatic amusement
device.
The Chief of Police or his designee may make
an investigation of the premises and the applicant to determine the
truth of the facts set forth in the application. The Fire Chief may
inspect the premises to determine whether said premises comply with
existing fire regulations of the Borough. The Chief of Police and
the Fire Chief may, upon completion of their inspection, attach to
said application their reports therein, in writing. Upon receipt of
said application and inspection reports, if any, the Mayor and Council
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 shall authorize the Borough Clerk
to issue the necessary license upon the receipt of the license fee
or fees as herein provided.
A.
Revocation of
license. Any time after the granting of said license, the Mayor and
Council may, in the reasonable exercise of its discretion, revoke
the same.
B.
Posting and display.
An operator's license granted pursuant to this article shall:
C.
Number of machines.
Except in a family fun center, the maximum number of automatic amusement
devices per establishment shall be two.
[Amended 7-11-1995 by Ord. No. 95-998]
D.
Location. No
devices subject to this article may be operated within 200 feet of
a school or house of worship.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any ordinances or part of ordinances inconsistent
with this article are hereby repealed.
Should any word, phrase, sentence, subsection
or section of this article be held invalid by a court of competent
jurisdiction, the remainder of this article shall not be affected
thereby and shall continue in full force and effect.
This article shall take effect immediately upon
publication and final passage as required by law.
