[HISTORY: Adopted by the Township Council of the Township of Old Bridge as indicated in article histories. Amendments noted where applicable.]
[Adopted as Secs. 5-4.1 through 5-4.9 of the 1973 Revised General Ordinances]
No person shall install, place, maintain, operate or possess in any store, building or place wherein the public is invited or may enter, or in any building, store or other place wherein any club or organization meets or maintains quarters, any automatic or mechanical machine, game or device of skill or entertainment, music vending machine and motion-picture machine, which is or are operated or set in motion by the deposit therein of any coin or any token or slug or the like which are purchased for cash, or any coin-operated vending machine within the Township without first applying for and obtaining a license. Machines owned by nonprofit organizations shall be exempt from the provisions of this article.
[Amended 4-6-1981 by Ord. No. 10-81; 1-9-2006 by Ord. No. 38-2005; 9-22-2008 by Ord. No. 2008-29]
The license for the placing, operation, maintenance or use of such amusement devices or vending machines shall be issued to and in the name of the proprietor of the premises where the machine is to be installed. The license fee for each machine licensed, for the calendar year or any portion thereof, shall be as follows:
[Amended 1-9-2006 by Ord. No. 38-2005]
A separate application for each machine shall be filed on a form to be furnished by the Township Clerk, which form shall show the name of the applicant and his post office address. The fee for the license shall be payable with the filing of the application, and, if the application is rejected, the fee shall be returned to the applicant, less a service fee of 25% which shall be retained by the municipality for rejected applications.
No device or machine as specified in this article, except for coin-operated vending machines, shall be placed, operated, maintained or used in any back room of the premises where the machine is licensed or within 200 feet of a school or church. The license issued by the Township for all coin-operated machines shall be affixed thereto in a conspicuous place so that the same shall be easily and quickly identified. The license shall, on its face, disclose the name and post office address of the licensee and the amount of the license fee and briefly state that the machine or device to which the same is affixed is licensed for operation by the Township.
The holder of a license shall be permitted to transfer the license within the period for which it is issued to another like machine operated in the same premises. The licensee may also transfer a license from one premises to another, provided that he immediately notifies the Township Clerk of such transfer. The license shall not be transferable from one person to another.
It shall be unlawful to install, maintain or operate or use any machine, game or device in the Township for the purpose of gambling, wagering or betting, either for cash, merchandise or other property of any nature. Any licensee, his agents, servants or employees who willfully permit the use of any machine for such a purpose shall be guilty of a violation of this article.
It shall be unlawful to install, maintain or use any machine, game or device in the Township for the purpose of giving directly or indirectly any prize, return or profit. Any licensee, his agents, servants or employees who willfully permit the use of any machine for such a purpose shall be guilty of a violation of this article.
Upon any conviction for a violation of this article, the license issued for the machine, game or device, concerning which there was a conviction, shall be subject to revocation by the Township Clerk, after hearing upon reasonable notice to the interested parties, if upon presentation of the record of conviction to the Township Clerk, the Township Clerk deems such action advisable.
Automatic picture-showing amusement devices which are designed for viewing by patrons other than those seated in a theater-type auditorium are specifically prohibited from licensing, installation, possession or operation under this chapter, section, subsection, or other ordinance of the Township.
[Adopted 4-14-1997 by Ord. No. 9-97 (Secs. 5-4.10 through 5-4.18 of the 1973 Revised General Ordinances)]
For all purposes of this article, the following terms have the meanings hereinbelow ascribed to them.
- AMUSEMENT GAMES LICENSING LAW
- N.J.S.A. 5:8-78 through N.J.S.A. 5:8-130 and N.J.A.C. 13:3-1.1 through N.J.A.C. 13:3-6.6, including any amendments thereto duly enacted subsequent to the effective date of this article.
- AMUSEMENT RIDE
- Any mechanical device or devices which carry or convey passengers along, around, or over a fixed or restricted route or course for the purpose of giving its passengers amusement, pleasure, thrills or excitement, and as otherwise defined and regulated under the Carnival-Amusement Rides Safety Act, N.J.S.A. 5:3-31 et seq.
- A certification of permissibility granted by the Commissioner pursuant to N.J.A.C. 13:3-7.1 et seq.
- The Amusement Games Control Commissioner as that office is created and empowered under N.J.S.A. 5:8-78 et seq. and Reorganization Plan No. 004-1992, 24 N.J.R. 4462, November 30, 1992.
- Any natural person and any legal person, the existence of which is authorized by statute, including but not limited to any corporation, limited liability company and limited or general partnership.
- Any natural person exerting actual or beneficial control over any person other than a natural person, even if that control is shared with others. As to corporations, all of the following are principals: (1) any person owning or otherwise controlling at least 5% of the authorized and issued voting stock of the corporation; (2) any director elected by the shareholders; (3) any officer elected by the directors. The principals of a limited liability company are all of its members and managers. The principals of a general partnership are all of its general partners. The principals of a limited partnership are the general partner and all limited partners. Where a person consists of a complex of statutory entities such as subsidiaries, the principals of the ultimate parent and all subsidiary, subordinate or affiliated entities are principals within the meaning of this article.
- RECOGNIZED AMUSEMENT PARK
- A commercially operated permanent business open to the public at least 31 consecutive days annually, whose acreage is designed and themed for the primary purpose of providing participatory amusement incorporating rides or water slides licensed in accordance with N.J.S.A. 5:3-31 et seq., and food and merchandise concessions in permanent structures, it being the intention of the Township Council that a site coming within the foregoing definition shall be deemed a recognized amusement park solely for the purpose of this article and the Amusement Games Licensing Law, and the foregoing definition shall not be deemed to control the interpretation of any other chapter of the Code of the Township of Old Bridge.
- REDEMPTION AMUSEMENT GAME
- A game certified as permissible by the Commissioner, pursuant to the Amusement Games Licensing Law, which is played for amusement or entertainment, which is a game in which the person or player actively participates, in which the outcome is not in the control of the operator or owner of the game and which is so conducted that when and where all of the players are present there occurs, in continuous sequence, the sale of a right to participate, the event which determines whether a player wins or loses and the award of a merchandise prize or nontransferable tokens or tickets which may be accumulated and which are immediately redeemable for a merchandise prize; provided, however, that the following are not redemption amusement games and are not eligible for license under this article:
It shall be unlawful for any person to own or operate within Old Bridge Township any redemption amusement game without first having obtained a proper license therefor from the Township Council of the Township of Old Bridge. Said license shall be issued only pursuant to this article and the provisions of the Amusement Games Licensing Law.
Each applicant for such a license shall file with the Township Clerk a written application therefor in duplicate and shall pay the fees provided in this article. The application shall be in the form prescribed by the Commissioner and shall comply with all application requirements as specifically set forth in the Amusement Games Licensing Law, and this article.
The Township Clerk may require, as a condition of application, that any applicant (or for applicants other than natural persons, the principals thereof) to be fingerprinted under the supervision of the Old Bridge Department of Police and that the record thereof be submitted with and as a part of such application.
Any fees for fingerprinting or any other investigation shall be paid by the applicant, even though not otherwise stated in this article.
Issuance. Upon the applicant's compliance with all applicable requirements of this article, the Township Council shall by resolution authorize the issuance of a license. Said resolution shall specifically recite the finding of the Township Council that the premises to be licensed is located in a recognized amusement park. Promptly following the date of the resolution, the Township Clerk shall issue the license certificate or certificates authorized thereby and shall forward to the Commissioner a certified copy of the resolution, a copy of the application, a counterpart original of the license certificate and the license fees payable to the Commissioner as hereinafter provided.
License term. Each license issued pursuant to this article shall be for a term of the calendar year which next follows the date of such resolution, or if the applicant shall so request, for a term which commences on the date of the resolution and which expires on December 31 next following such date; provided, however, that the license so issued shall be inoperative unless and until the licensee named therein shall also, within 90 days from the issuance thereof and prior to the conduct or operation of redemption amusement games thereunder, procure and receive from the Commissioner a state license authorizing the licensee holding the Old Bridge Township license to operate and conduct certain redemption amusement games according to the terms of such Old Bridge Township license; and any license issued hereunder shall also be inoperative during any period of suspension or revocation of such state license.
The license certificate shall be in the form prescribed by the Commissioner and shall set out on the face thereof:
The name of the licensee.
The address of the licensed premises and such further description or limitation upon the licensed premises as may be provided in the application or the said resolution.
The certification category of the kinds of games licensed and, in the case of arcade games, the number thereof.
The amount of fee paid.
A statement of the dates between which and the hours between which such games may be conducted.
Each license certificate shall be issued in triplicate, the original to be delivered to the applicant, with one copy to the Commissioner, as aforesaid, and the remaining copy to be retained by the Township Clerk.
Display. Each license certificate and all other information required under the Amusement Games Licensing Law to be posted upon licensed premises shall be conspicuously displayed at the place or places where the redemption amusement games are to be conducted, at all times during the conduct thereof.
No application for the issuance of a license shall be refused by the Township Council until after a hearing is held on due notice to the applicant, at which hearing the applicant shall be entitled to present evidence upon the qualifications of the applicant and the merits of the application.
Any license issued under this article may be amended, upon application made to the Township Council, if the subject matter of the proposed amendment 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 the amendment had been so included.
Concurrently with the Commissioner and the Commissioner's agents and designees, the Township shall have and exercise control and supervision over all amusement games held, operated or conducted under such license with all the powers authorized or granted to it under the Amusement Games Licensing Law and all amendments and supplements thereto.
The Department of Community Development may inspect or cause to be inspected any place or building in which redemption amusement games are made available for public use and all records that the licensee is required to prepare and maintain under the Amusement Games Licensing Law.
Redemption amusement games licensed hereunder shall be available only in plain view of any person or persons who may enter upon any place where such redemption amusement games are made available for play or use by the public; and in no licensed premises shall they be made available selectively to certain persons designated by the licensee or other person; nor shall they be in any way concealed except when out of service for maintenance or repair.
Redemption amusement games shall not be operated or otherwise made available to the public for use on any day later than 11:00 p.m. nor earlier than 8:00 a.m.
Neither alcoholic beverages nor tobacco products shall be sold or consumed on any premises licensed hereunder.
Prizes awarded as the result of play or use of redemption amusement games shall be only merchandise of no greater value than as applicable the single game and aggregate limitations from time to time provided under the Amusement Games Licensing Law. Alcoholic beverages, tobacco products, weapons, obscene or indecent pictures, writings or recordings or money shall not be awarded as prizes, and no licensee shall directly, indirectly or by any subterfuge, purchase any merchandise prize, once it has been duly awarded, nor shall licensee exchange the prize for money or money's worth.
Every licensee shall comply with such conditions and limitations as the Commissioner may include in any certification.
The following provisions of the Amusement Games Licensing Law are by this reference hereby incorporated as provisions of this article, as fully as if they were herein at length set out, it being the intention of the Township Council that any violation of such sections by a licensee shall be a violation not only of the Amusement Games Licensing Law but also of this article and that any duties of a licensee as set out in such sections are duties of a licensee under both the Amusement Games Licensing Law and this article:
N.J.A.C. 13:3-1.12, Qualification of applicant; conviction of crime.
N.J.A.C. 13:3-3.4, Maximum fee for participation in game.
N.J.A.C. 13:3-3.5, Types of prizes permitted; value of prize.
N.J.A.C. 13:3-3.6, Determination of value of prizes.
N.J.A.C. 13:3-3.7, Redemption of prize or cash.
N.J.A.C. 13:3-3.9, Employee's qualification, questionnaires, list.
N.J.A.C. 13:3-3.10, Fingerprinting employees.
N.J.A.C. 13:3-3.11, Interest held in business by person other than licensee.
N.J.A.C. 13:3-3.12, Law enforcement officers holding business interests.
N.J.A.C. 13:3-3.13, Hindering inspection or investigation.
N.J.A.C. 13:3-3.15, Gambling on licensed premises.
N.J.A.C. 13:3-3.16, Licensee responsible for acts of employees.
N.J.A.C. 13:3-3.17, Required signs.
N.J.A.C. 13:3-4.1, Books of account, entries, inspection.
N.J.A.C. 13:3-4.2, Invoices of cost of prizes retained.
N.J.A.C. 13:3-4.3, Report of conduct of game by licensee.
Any licensee or principal thereof who or which shall make any false statement in any application for such license, or shall fail to keep such books and records as required to be kept under the Amusement Games Licensing Law, or shall falsify such books or records, or shall violate any of the provisions of this article or the Amusement Games Licensing Law or of any of the terms of such license, shall be a disorderly person; and if convicted as such, shall in addition to any other penalties which may be lawfully imposed, forfeit any license issued to it under this article.
There shall be issued to an applicant who shall qualify a separate license for each place at which the licensee is authorized to hold, operate and conduct such redemption amusement games. The annual license fee for each place shall be $250.
A separate license shall be issued for each specific kind of redemption amusement game authorized to be held, operated and conducted on the licensed premises by the licensee. The license fee payable to the Township for each specific kind of game certified by the Commissioner pursuant to N.J.A.C. 13:3-7.9, as permissible, shall be as follows:
Games permitted under Category and Certification No. 1: throw games wherein a single player upon payment of fee is furnished a number of balls, hoops, darts or other objects, or uses his own coins to be hand thrown or propelled at, into, or upon targets, with prizes awarded according to results achieved; provided that only one of the above games may be licensed under one license; and there is no restriction on the number of units that may comprise the game: $250.
Games certified as permissible under Category and Certification No. 2: arcade games wherein a single player upon payment of fee is permitted to play a machine or device to obtain a prize or attain to score upon which a prize is awarded according to results achieved: $250 plus $10 per machine for each machine in excess of 50 machines.
Games certified as permissible under Category and Certification No. 4: competitive games wherein several players upon payment of fee are permitted to compete against each other for a prize to be awarded to the player who first achieves the required result, provided that only one of the above games shall be licensed under one license; and there is no restriction on the number of units that may comprise the game: $250.
Games certified as permissible under Category and Certification No. 7: tests of strength wherein a single player upon payment of a fee is entitled to win a prize in the event that within a permitted number of tries he rings a bell or gong a required number of times by striking with a maul one end of a horizontal level arm on the other end of which propels a weight upward along a vertical wire at the top of which the bell or gong is located; provided, however, only one unit may be licensed under one license: $250.
Games certified as permissible under Category and Certification No. 8: miscellaneous games wherein a single player upon payment of a fee is entitled to use a physical skill to obtain a predetermined goal for which a prize is awarded: $250.
The required Township fee, which shall be an annual fee without proration, shall accompany the license application. In the event that the license is denied or the application therefor is withdrawn, the Township shall retain 25% of the application fee as an investigation fee, and the balance shall be returned to the applicant.
On application, the applicant shall deposit, with the Township Clerk, the applicant's certified check or money order, in an amount equal to the license fees otherwise payable to the Township, and drawn to the order of the New Jersey Amusement Games Control Commissioner. If the Township Council shall pursuant to § 35-13 of this article authorize the issuance of a license to the applicant, then together with the other items to be forwarded under Subsection D hereof, the Township Clerk shall forward the certified check or (as the case may be) money order, to the Commissioner. However, if the Township Council shall refuse or decline to authorize the issuance of the license applied for, or if the application shall be withdrawn, then at the time when the Township Clerk returns a portion of the required Township fee as hereinabove provided, the Township Clerk shall also return to the applicant the certified check or money order.
Redemption amusement games certified by the Commissioner as permissible under Certification 3 (non-draw raffle games), Certification 5 (a certain game of chance particularly described in such certification and named therein, "Stop and Go Game"), Certification 6 (guessing games) and Certification 9 (a certain game of chance particularly described in such certification and named therein, Pan Game, Crazy Ball and Crazy Block), are prohibited hereby and shall not be operated within Old Bridge Township, and no license shall be issued authorizing the same. Nothing in this article shall be deemed to require a license for the award of prizes as the result of successful play at any game which, pursuant to common understanding, is a sport such as baseball, soccer, tennis or golf; or for the distribution without charge of rights to participate in amusements, as promotional inducement to persons to visit a premises licensed hereby; or for the award of the same prize value in respect of the play of any game or device, before or following each use of such device or play of such game and without regard to any particular score or outcome resulting therefrom. Games and game devices, the use or play of which does not result in any person receiving any merchandise, prize, additional right to play or participate without charge or other thing of value, are beyond the scope of this article. Nothing provided herein shall be construed to state or imply that such games or devices must be licensed under this article; or that the Township does not retain the inherent prerogative to provide by ordinance for the licensing, regulation and supervision of the use of such games and devices. Also beyond the scope of this article is any carnival, fair or other activity held on an annual or other periodic or scheduled basis by a not-for-profit group or organization wherein amusement devices, structures or amusement rides are installed or used on a temporary basis.