[HISTORY: Adopted by the Township Committee of the Township of Egg Harbor 5-25-1994 by Ord. No. 21-1994. Amendments noted where applicable.]
Editor's Note: This chapter also repealed former Ch. 65, Amusement Games, adopted 4-22-1992 by Ord. No. 18-1992, as amended.
[Amended 4-12-2000 by Ord. No. 10-2000]
It is hereby determined, decided and declared that there exist within the Township of Egg Harbor two recognized amusement parks identified as follows:
It shall be unlawful for any person, firm or corporation to own or operate within this municipality any amusement game or games as said amusement game or games are of skill or chance, or both, and whether said amusement game or games are placed and operated with or without numbers, symbols or figures, without first having obtained a proper license from the Township Committee of the Township of Egg Harbor. Said license shall be issued subject to the provisions of the Amusement Games Licensing Law (c. 109, P.L. 1959) and the Revised Amusement Games Regulations, effective April 11, 1966, promulgated by the Office of Amusement Games Control of the Department of Law and Public Safety of the State of New Jersey.
Each applicant for such a license shall file with the Township Clerk a written application in duplicate therefor. The application must be in the form prescribed by the Commissioner of Amusement Games Control and must comply with all the requirements as specifically set forth in Section 2 of Chapter 109 of the Public Laws of 1959 and any amendments and supplements thereto and any additional requirements as may be promulgated from time to time by the Amusement Games Control Commissioner of the State of New Jersey.
Editor's Note: See N.J.S.A. 5:8-101.
The Township Committee may require any applicant or the shareholder, director or officer of any applicant corporation to be fingerprinted as a condition to the issuance of the license or employment by a licensee.
Any fees for fingerprinting or any other investigation shall be paid for by the applicant.
Each employee of the licensee shall be issued an identification card.
Upon proof of compliance with all applicable requirements, the Township Committee shall authorize the issuance of a license, by resolution, said license to be effective for a term of one year commencing with date of issuance and terminating on December 31 of each year. Said resolution shall specifically recite that the premises to be licensed are located in a recognized amusement park in the municipality. A certified copy of the resolution shall be transmitted, together with a copy of the application and license certificate issued, to the Commissioner of Amusement Games Control.
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 additional copy to be retained by the Township Clerk.
The license certificate shall be in the form prescribed by the Commissioner of Amusement.
Each license shall be conspicuously displayed at the place or places where the game is to be conducted at all times during the conduct thereof.
The Township expressly reserves the right to license amusement games other than the ones described herein and to establish fees therefor for use in the area designated in accordance with the requirements set forth in this chapter. The games hereinafter licensed shall be incorporated herein by reference thereto.
No application for the issuance of a license shall be refused by the Township Committee under this chapter 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 and the merits of the application.
Any license issued under this chapter may be amended, upon application made to the Township Committee, 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 it had been so included.
No license issued pursuant to this chapter shall become operative unless and until the licensee named therein shall have procured a state license from the Commissioner of Amusement Games Control.
The Township Committee 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 said Amusement Games Licensing Law and all amendments and supplements thereto.
The Chief of Police of the Township may inspect or cause to be inspected any place or building in which amusement games or services are operating.
Amusement games and devices shall be kept and placed in plain view of any person or persons who may frequent and be in any place or place of business where such devices or games are used and licensed.
Nothing in this chapter shall be construed to authorize or license any gambling device or game not specifically permitted by the laws of New Jersey.
No gambling between participants in any amusement games or the users of any amusement devices shall be permitted at any time.
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 as 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 chapter or the Amusement Games Licensing Law (c. 109, P.L. 1959) or of any of the terms of 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 chapter.
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 games. The annual license fee for each such place shall be the sum of $100.
A separate license shall be issued for each specific kind of game authorized to be held, operated and conducted on the licensed premises by the licensee. The license fee for each specific kind of game under each certification, as provided for pursuant to N.J.A.C. 13:3-7.9, shall be as follows:
Games permitted under Category and Certification No. 1:
Balloon game: $100.
Barrel game: $100.
Basketball game: $100.
Bear pitch game: $100.
Break the dish game: $100.
Bullpen ball game: $100.
Cigarette cork rifle game: $100.
Cigarette dart game: $100.
Cigarette toss game: $100.
Dart game: $100.
Dodgem game: $100.
Glass pitch game: $100.
Hoopla game: $100.
Mammy doll game: $100.
Milk bottle game: $100.
Milk can game: $100.
Over and under game: $100.
Penny pitch game: $100.
Pig slide game: $100.
Ping-pong game: $100.
Ring-toss game: $100.
Shooting gallery game: $100.
Stuffed cat game: $100.
Other similar games: $100.
Games permitted under Category and Certification No. 2 (arcade games):
Baseball machine: $100.
Basketball machine: $100.
Bouncing ball machine: $100.
Bowling machine: $100.
Crane machine: $100.
Dexterity tester machine: $100.
Digger machine: $100.
Football machine: $100.
Golf machine: $100.
Gun machine: $100.
Hockey machine: $100.
Intelligence tester machine: $100.
Pinball machine: $100.
Pokerino machine: $100.
Pool table machine: $100.
Pusher machine: $100.
Roll down machine: $100.
Rotary arm machine: $100.
Shooting machine: $100.
Shuffle alley machine: $100.
Skee-ball machine: $100.
Skill tester machine: $100.
Strength tester machine: $100.
Other similar games: $100.
The required fee, which shall be an annual fee without prorating, 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.
The Township Committee expressly reserves the right to license amusement games other than the ones described and to establish fees therefor for the use in the area designated, in accordance with the requirements set forth herein. The games hereinafter licensed shall be incorporated herein by reference thereto.
As used in this chapter, the following terms shall have the meaning indicated:
- Any game or amusement which is authorized under the provisions of the Amusement Games Licensing Law (c. 109, P.L. 1959), except that there shall not be permitted a game of chance incorporating:
- A. A laydown board marked in segments bearing numbers, games or symbols whereon the player or players place the entry fee as an indication of choice of expected winner.
- B. Electrical push-button switches or similar devices situated or located at each segment on the board which enable any player to start or stop the game.
- C. A moving indicator powered and driven by an electric motor which may be activated and deactivated by any player by means of the switches provided.
- D. An arrangement of numbers, names or symbols corresponding to those on the laydown board to one of which the moving indicator points when it stops after exhausting its momentum following deactivation of the motor, generally known as "stop and go game."
The provisions of this chapter shall not apply to any carnival, fair or other activity held on an annual basis by a nonprofit group or organization wherein amusement devices, structures or rides are installed or used on a temporary basis.
All licenses issued under this chapter shall expire on December 31 of each year.
[Amended 4-12-2006 by Ord. No. 20-2006]
Any person, firm or corporation violating any of the provisions of this chapter shall be subjected to a minimum fine of $100 or a maximum of $2,000 or by imprisonment for a term not exceeding 90 days or by a period of community service not exceeding 90 days. The same shall be in addition to the powers of suspension or revocation of any such license as provided for herein.