[HISTORY: Adopted by the Mayor and Council of the Borough of Glassboro 2-9-1971 by Ord. No. 3-71 as Ch. 39 of the 1971 Code; amended in its entirety 7-12-1983 by Ord. No. 83-7. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- AMUSEMENT PARLOR or ARCADE
- Any place or premises wherein more than 10 automatic amusement devices are maintained for use by the public.
- AUTOMATIC AMUSEMENT DEVICE
- 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 chapter apply to music-playing devices.
- LICENSED PREMISES
- The entire premises within which the automatic amusement device(s) are to be located, including, without limitation, all buildings, auxiliary buildings, structures, appurtenant structures, walks, alleys, drives and parking facilities owned or controlled by the operator and/or owner-operator.
- Any person who owns or controls premises or a location within the Borough of Glassboro in which any automatic amusement device is displayed or kept for use or play by the public.
- Any person, firm, corporation, partnership or association.
The purpose of this chapter is to license, regulate and control those automatic amusement devices which are operated for the purpose of making a profit.
The objective of this chapter is to regulate the business of amusement devices so as to prevent nuisances to patrons and the public, fire hazards from overcrowding, poor ingress and egress at premises where amusement devices are located, the promotion of gambling, loitering, excessive noise or the creation of an unhealthy atmosphere for the youth of the community or other foreseeable undesirable effects of such devices.
A further objective of this chapter is to distinguish between the use of amusement devices incidental to primary, lawful commercial uses within the Borough and the primary use of amusement devices which constitute an amusement parlor or arcade, the latter requiring more stringent controls in order to protect patrons and the public.
License required. It shall be unlawful for any person to maintain, use or possess or display or permit to be displayed in any public or quasi-public place or in any building or store, or any other place wherein the public is invited or may enter, within the Borough, any automatic amusement device without a license first obtained as hereinafter provided.
Display. The licensee shall cause the license to be posted in the licensed premises in a conspicuous place, clearly visible to the public and to the enforcing officials of the Borough of Glassboro. Said license shall remain so posted throughout the entire license term.
Number of licenses.
There shall be no limit on the number of licenses available for issuance for amusement devices incidental to primary, lawful commercial uses. An applicant may obtain a license for up to five amusement devices per establishment which contains gross square footage of space open to the public of not more than 20,000 square feet, and an applicant may obtain a license for up to 10 amusement devices per establishment which contains gross square footage of space open to the public in excess of 20,000 square feet.
[Amended 5-24-2005 by Ord. No. 05-23]
At any one time, there shall be not more than one amusement parlor or arcade license issued in the Borough.
All applications for a license under this chapter shall be made and delivered to the Zoning Officer on forms to be supplied for that purpose and shall be subscribed and sworn to by the applicant.
[Amended 8-27-2013 by Ord. No. 13-12]
The application for the license shall contain the following:
The name and address of the applicant.
The name under which the licensed premises is being operated and the location of the licensed premises.
The type of ownership of the business, i.e., whether individual, partnership, corporation or otherwise.
The following personal information concerning each stockholder holding 10% or more of the stock of the corporation, each officer and each director, if the applicant is a corporation; and concerning all partners, including limited partners, if the applicant is a partnership; and concerning the manager or other person principally in charge of the business premises:
The name, complete address and residence telephone numbers.
Written proof of age (copy of birth certificate).
Height, weight, sex and color of hair and eyes.
Whether or not the applicant has been previously licensed by any public or governmental authority to maintain automatic amusement devices for use by the public or has previously applied for such a license, and whether or not such a license has been denied, revoked or suspended, and the reason therefor.
All criminal convictions, fully disclosing the offense for which convicted, date and location of offense and the circumstances thereof.
Such other information as may be required by the Police Chief to discover the truth of the matters hereinbefore required to be set forth in the application.
The names and addresses of three adult residents of the County of Gloucester who will serve as character references.
Number and type of machines sought to be licensed including description of each automatic amusement device sought to be licensed and for each such device, the name of the manufacturer, model number and serial number.
Information identifying the tax plate, block and lot number(s) of the premises to be licensed and information identifying the zoning classification for the premises to be licensed.
A sketch or plan of the proposed licensed premises shall be attached to the application. This plan shall depict the precise location of each amusement device sought to be operated.
The application must contain the total number of square feet to which the applicant customarily invites or permits the public to occupy and use, but shall not include any area used for storage, office, kitchen, counter space, walks, alleys, drives, parking facilities or such other areas to which the public has no access.
A written declaration by the applicant, under penalty of perjury, that the foregoing information contained in the application is true and correct, said declaration being made before an individual authorized to administer oaths within the State of New Jersey, which individual shall affix his stamp or seal thereto.
No license shall be granted for any premises where no emergency fire exit is provided.
No license shall be issued until the premises have been inspected and approved by the Borough Fire Subcode Official, Borough Construction Code Official, Borough Zoning Officer and Police Department in reference to safe and permitted use and occupancy of the structure.
No license shall be granted until all federal and state laws and Borough ordinances relating to the premises have been complied with.
No license shall be issued until the prescribed license fee has been paid.
No license shall be issued for any premises within 1,000 feet of any school, up to the 12th grade, or house of worship.
Criminal background check. No license shall be issued until the applicant has submitted a current criminal background report to the Chief of Police. The applicant shall be required to obtain and pay for said report at his or her own expense from an approved criminal background checking agency.
[Added 11-24-2009 by Ord. No. 09-54]
Net floor area limitation. The number of automatic amusement devices that may be located in any one location shall be governed by the physical space available in any business location for the use of said devices. Not more than one automatic amusement device shall be permitted for each 125 square feet of net floor area as defined herein. "Net floor area" means the gross floor area of the licensee's premises, less deductions for counter space areas, storage areas, shelving areas, aisle areas, bathrooms, areas of ingress and egress, office space and other areas which are not intended or held out for public use and which are not devoted to automatic amusement devices. The Construction Code Official shall determine the maximum number of square feet of net floor area in each prospective licensed premises.
Location within licensed premises.
Each device shall be located at least 20 feet from the entranceway to the licensed premises and placed so that it does not obstruct or interfere with the free and unfettered passage to and from the premises of patrons or users of the premises.
Each device shall have an unobstructed perimeter zone or distance of four 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. The area which is required hereunder for each such machine shall not be encroached upon by the area of any other machine. It is the intent of this chapter that, for the purposes of preventing overcrowding and assuring safe passage of the general public, each machine shall have its own unobstructed perimeter zone.
The license fee for each automatic amusement device shall be $50 per year, or any portion thereof, payable in advance.
The fee for the license to operate an amusement parlor shall be $3,000 per year, or any portion thereof, payable in advance.
All licenses issued under this chapter shall be for a term of one year commencing on January 1 and expiring on December 31 of the year of issuance.
Upon receipt of an application for a license under this chapter, the Zoning Officer shall circulate copies of the application to the Police Chief, Fire Subcode Official and Construction Code Official.
[Amended 8-27-2013 by Ord. No. 13-12]
Upon receipt of the application:
The Police Chief shall conduct an investigation into the nature of the device(s) to be licensed and the personal information pertaining to the applicant.
The Fire Protection Subcode Official shall inspect the premises wherein the device(s) are proposed to be located to determine whether said premises comply with existing Uniform Construction Code regulations and the BOCA Fire Prevention Code.
The Borough Zoning Officer shall certify the location of the proposed licensed premises and the zoning requirements pertaining thereto.
The Construction Code Official shall analyze the floor space and location requirements imposed by this chapter and structural requirements of the Uniform Construction Code.
Each of the foregoing Borough officials shall issue a written report to the Zoning Officer advising of the results of their investigation, inspection and findings. The written report shall be submitted to the Zoning Officer within a reasonable time after the date of receipt of a complete application.
[Amended 8-27-2013 by Ord. No. 13-12]
After receipt of written reports from said officials, the Zoning Officer shall have the power to issue licenses pursuant to this chapter, except the arcade licenses, if the application satisfies all requirements. An application for an arcade license shall be presented to the Borough Clerk to forward to the Borough Council, which shall approve or deny such application.
[Amended 8-27-2013 by Ord. No. 13-12]
Any time after the granting of a license pursuant to this chapter, the Borough Council may revoke same, if after hearing it finds any of the following:
Gambling on the premises.
False or incorrect material on the application or information furnished by the applicant.
Failure to maintain good and safe conduct on the premises.
Violation of the laws of the State of New Jersey or of this or other ordinances of the Borough of Glassboro.
The presence of the machines results in gambling, the repeated use of obscene and loud language disturbing the public or other patrons of the premises, creates a nuisance, excessive noise, litter, traffic or rowdyism by patrons.
All licensed premises shall comply with the following rules and regulations:
No operation of any automatic amusement device shall be permitted between the hours of 10:00 p.m. and 9:00 a.m.
No operator shall offer or permit to be offered any prizes or awards whether in cash or otherwise, as an inducement to the use of said machines.
No operator shall permit any person using an automatic amusement device to operate the same for any gambling purpose.
No operator shall permit any minor under the age of 17 years, unaccompanied by a parent, on the business premises when school is in session nor to remain on the premises after 9:00 p.m.
No operator shall permit the noise level on any licensed premises to interfere with reasonable use of any adjacent premises.
The operator shall at all times maintain good order upon the licensed premises and shall not permit, suffer or allow any disturbance, congestion or loitering upon the licensed premises.
No licensed premises shall be without adequate sanitary facilities or contain any fire, safety or health hazards.
Every device shall at all times be in clear view upon the premises wherein it is located.
No operator shall refuse to cooperate fully with the Police Department, Fire Department, Construction Code Official or other Borough officials, nor shall any operator refuse access to his premises to the Police Department, Fire Department, Health Department or Construction Code Official at any time during normal business hours or at any other reasonable hour.
The operator or an adult employee of the operator must be present in the licensed premises at all times that automatic amusement devices are in operation.
The following additional requirements shall apply to amusement parlors and arcades:
A uniformed security guard shall be employed by the operator and shall be present on the licensed premises between the hours of 6:00 p.m. and 10:00 p.m., Monday through Friday, and between the hours of 9:00 a.m. and 10:00 p.m. on Saturday.
No such premises shall be open for business on Sunday.
No such premises shall contain more than 50 automatic amusement devices.
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both. Each day that a violation occurs or is committed shall constitute a separate offense.
[Amended 12-27-1983 by Ord. No. 83-12]
This chapter shall take effect immediately after its final passage and publication according to law.
Notwithstanding the provisions of §§ 153-3C(1), 153-5E and 153-6, any licensee who possessed a valid license as of the effective date of this chapter (July 26, 1983) or his successor, may continue to be licensed for the same number of amusement devices for the same licensed premises, to be placed and maintained at the same locations therein, upon application(s) for renewal and continuous uninterrupted use of such number of devices at such premises and upon compliance with all other provisions of this chapter.