[HISTORY: Adopted by the Township Committee of the Township of Egg
Harbor 5-25-1994 by Ord. No. 21-1994.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter also repealed former Ch. 65, Amusement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:
|
Designation
|
Location
|
|---|---|
|
T W Sports Black Horse Pike
|
Block 1702, Lot 108
|
|
Shore Mall
[Amended 11-14-2001 by Ord.
No. 41-2001] |
Block 2302, Lot 10
|
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)[1] 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.
[1]
Editor's Note: See N.J.S.A. 5:8-100 et seq.
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[1] 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.
[1]
Editor's Note: See N.J.S.A. 5:8-101.
A.
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.
B.
Any fees for fingerprinting or any other investigation
shall be paid for by the applicant.
C.
Each employee of the licensee shall be issued an identification
card.
A.
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.
B.
License certificate.
(1)
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.
(3)
The license certificate shall be in the form prescribed
by the Commissioner of Amusement.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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)[1] 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.
[1]
Editor's Note: See N.J.S.A. 5:8-100 et seq.
A.
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.
B.
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:
(1)
Games permitted under Category and Certification No.
1:
(a)
Balloon game: $100.
(b)
Barrel game: $100.
(c)
Basketball game: $100.
(d)
Bear pitch game: $100.
(e)
Break the dish game: $100.
(f)
Bullpen ball game: $100.
(g)
Cigarette cork rifle game: $100.
(h)
Cigarette dart game: $100.
(i)
Cigarette toss game: $100.
(j)
Dart game: $100.
(k)
Dodgem game: $100.
(l)
Glass pitch game: $100.
(m)
Hoopla game: $100.
(n)
Mammy doll game: $100.
(o)
Milk bottle game: $100.
(p)
Milk can game: $100.
(q)
Over and under game: $100.
(r)
Penny pitch game: $100.
(s)
Pig slide game: $100.
(t)
Ping-pong game: $100.
(u)
Ring-toss game: $100.
(v)
Shooting gallery game: $100.
(w)
Stuffed cat game: $100.
(x)
Other similar games: $100.
(2)
Games permitted under Category and Certification No.
2 (arcade games):
(a)
Baseball machine: $100.
(b)
Basketball machine: $100.
(c)
Bouncing ball machine: $100.
(d)
Bowling machine: $100.
(e)
Crane machine: $100.
(f)
Dexterity tester machine: $100.
(g)
Digger machine: $100.
(h)
Football machine: $100.
(i)
Golf machine: $100.
(j)
Gun machine: $100.
(k)
Hockey machine: $100.
(l)
Intelligence tester machine: $100.
(m)
Pinball machine: $100.
(n)
Pokerino machine: $100.
(o)
Pool table machine: $100.
(p)
Pusher machine: $100.
(q)
Roll down machine: $100.
(r)
Rotary arm machine: $100.
(s)
Shooting machine: $100.
(t)
Shuffle alley machine: $100.
(u)
Skee-ball machine: $100.
(v)
Skill tester machine: $100.
(w)
Strength tester machine: $100.
(x)
Other similar games: $100.
C.
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.
D.
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), [1]except that there shall not be permitted a game of chance incorporating:
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.
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.
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.
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."
[1]
Editor's Note: See N.J.S.A. 5:8-100 et seq.
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.
