[Adopted by the Council of the Township of
Montclair 5-10-1983 by Ord. No. 83-20 (Art. I of Ch. 72 of the 1979 Code)]
This article is enacted for the purpose of regulation and control of automatic amusement games of the type defined in § 78-27.
As used in this article, the following terms
shall have meanings indicated:
Any establishment, location or premises containing four or
more automatic amusement games which are offered for the use of the
public.
All automatic amusement games of the type commonly known
and designated as "bagatelle," "Skee-Ball," baseball," "golf," "pin
amusement games," "video games" or other similar machines or devices,
operated, maintained or used in any public or quasi-public place or
in any building, store or other place wherein the public is invited
or may enter and particularly, but not by way of limitation, all coin-
or coin-substitute- operated automatic amusement devices of the foregoing
types, operated, maintained or used as aforesaid.
The use and operation of automatic amusement games shall be licensed in the manner set forth in this article. No automatic amusement game shall be placed, operated or maintained within the Township in any premises described in § 78-27 until a license for such purpose has been obtained.
A separate application for each machine or device shall be filed on a form to be furnished by the Municipal Clerk. The form shall show the name of the applicant and post office address. The application shall be accompanied by the license fee required by § 78-32. The application shall be verified by affidavit of the applicant if an individual, and if a corporation, then by an officer thereof authorized to make such application. Such authorization shall be part of the application.
Licenses shall be issued by the Municipal Clerk.
Each license shall expire on the first day of
October next following its issuance.
[Amended 6-18-1985 by Ord. No. 85-25; 10-29-1991 by Ord. No.
91-51; 7-7-2009 by Ord. No. O-032-09]
The license fee for the issuance of each license, payment of which shall accompany the application, shall be $100 for the first device licensed at a particular premise and $50 per device for each additional device located at the same premises. When a license is issued after April 1 in any year, the applicant shall be required to pay 1/2 of said fee. In such case, the license shall expire as provided in § 78-31.
A.
The license shall be issued to and in the name of
the proprietor of the premises wherein the device or machine is to
be installed.
B.
Each license shall be affixed to the machine or device
for which it is issued so that the license shall be easily and quickly
identified. The license shall show on its face the name and post office
address of the licensee, the amount of the fee paid and a brief statement
that the machine or device to which the same is affixed is licensed
for operation and use by the Township.
Not more than three machines or devices of any of the types described in, § 78-27 shall be permitted to be used or operated in any one place, location or premises unless an arcade license has been obtained as hereafter provided.
Any machine or device not having affixed thereto
the license therefor may be taken into custody by the Police Department
of the Township and disposed of. For the purpose of determining whether
said machines and devices are so licensed, the Police Department shall
have the right of entry into premises of a public or quasi-public
character where such machines or devices are located.
Any licensee who shall offer to pay any reward,
gift, prize or merchandise to any person using or operating any such
machine or device, or who shall use or permit to be used any of the
machines or devices so licensed for the purpose of gambling, shall
be guilty of a violation of this article.
The holder of an automatic amusement game license
may, upon written application to the Municipal Clerk, transfer the
license within the period for which it is issued to another like machine
operated in the same premises and from one premises to another. The
license shall not be transferable from one person to another.
A.
No person shall install, maintain or operate an arcade
as herein defined without first having obtained a license for the
premises where the arcade will be located. This license shall be in
addition to the licenses required for the individual amusement games
and devices located within the arcade and shall be in the name of
the proprietor of the arcade premises.
B.
An arcade license shall not be issued at any location
in a building which has residential rooms or apartments on the floors
immediately above or below the arcade site, unless such residential
room or apartment has been fully soundproofed so that arcade noise
cannot be heard.
[Amended 6-18-1985 by Ord. No. 85-25]
The application for an arcade license shall
be filed on a form to be furnished by the Municipal Clerk. The form
shall show the name of the applicant, the exact location and interior
dimensions of the proposed licensed area and the names and address
of all persons having an ownership interest of more than 10% of the
business.
[Amended 10-29-1991 by Ord. No. 91-51; 7-7-2009 by Ord. No.
O-032-09]
The fee for the issuance of the arcade license
shall be $100 per year. Each license shall expire on the first day
of October next following its issuance. When a license is issued after
April 1 in any year, the applicant shall be required to pay 1/2 of
said fee.
Arcade licenses shall be issued, subject to
the following restrictions:
A.
The arcade will not be open to the public any longer
than the following hours:
[Amended 6-18-1985 by Ord. No. 85-25]
B.
A security guard will be provided at the arcade from
7:00 p.m. until closing Monday through Friday and during all of the
hours of operation on Saturday and Sunday.
C.
A suitable place for the parking of bicycles will
be provided which shall not be on the public street or sidewalk and
is large enough to accommodate at least two bicycles for each amusement
game or device in the arcade.
D.
No more than one machine may be installed for each
100 square feet of the licensed premises.
F.
No persons will be permitted to remain in the arcade
unless they are operating an amusement game or device or are waiting
to operate a game or device.
G.
Children under the age of 16 years may not enter the
arcade during normal school hours unless they are accompanied by a
parent or guardian.
An arcade license may be revoked if, after issuance, the holder thereof violates any of the restrictions contained in § 78-41 or any other provisions of this article.
[Amended 5-23-2000 by Ord. No. 00-19; 4-10-2007 by Ord. No.
07-17]
Any person who violates any provision of this
article shall, upon conviction thereof, be punished by a fine not
exceeding $2,000, imprisonment in the county/municipal jail for a
term not exceeding 90 days, or a period of community service not exceeding
90 days, or any combination thereof as determined by the Municipal
Court Judge. Each day on which a violation of an ordinance exists
shall be considered a separate and distinct violation and shall be
subject to imposition of a separate penalty for each day of the violation
as the Municipal Court Judge may determine.
