[HISTORY: Adopted by the Mayor and Council of the Borough of Roselle 12-22-1982 by Ord. No. 1562. Amendments noted where applicable.]
Editor's Note: This ordinance also superseded former Ch. 39, Amusement Devices, Coin-Operated, adopted 7-29-1960 by Ord. 1087, as amended. In addition, Section XII of said Ord. No. 1562 provided as follows:
"Premises that have been licensed pursuant to existing §§ 39-1 through 39-13 are specifically excluded from the square footage requirements of the within ordinance as to those coin-operated amusement devices they presently have licensed."
As used herein, the following terms shall have the meanings indicated:
- COIN-OPERATED AMUSEMENT OR ENTERTAINMENT DEVICE
- Any automatic, mechanical or electronic game, contrivance or device of skill or entertainment, which is or are operated or set in motion by the deposit therein of any coin or coins, tokens or slugs or the like thereof purchased for cash. This term shall include any device which registers a score or not and shall further include, without limitation, such devices as pinball machines, bagetelle machines, pong or other types of electronically operated game devices, skillball, mechanical games and operation of transactions similar to by whatever name they may be called. Excluded from this definition are music vending machines, commonly known as "jukeboxes," as well as vending machines.
- Any natural person, partnership, firm, association, corporation or any other business entity which leases, rents out or places under any kind of arrangement within the Borough of Roselle one or more amusement or entertainment machines or devices displayed for public patronage or is placed or kept for operation by the public.
- Any natural person, partnership, firm, association, corporation or any other business entity which owns or controls premises or a location within the Borough of Roselle in which any amusement or entertainment machine or device, which is owned by said natural person, partnership, firm, association, corporation or any other business entity is displayed for public patronage or is placed or kept for operation by the public.
- Any natural person, partnership, firm, association or corporation.
No person, firm or corporation shall install, place, maintain or operate in any store, place of business, building, public place or quasi-public place wherein the public is invited or may enter any coin-operated amusement device or entertainment device within the limits of the Borough of Roselle without first applying for or obtaining a license therefor for each and every coin-operated amusement or entertainment device to be installed, placed, maintained or operated.
A license shall be issued for the placement, installation maintenance, operation or possession of coin-operated amusement device in or about any single premises or location. Each device shall be allotted a forty-five-square-foot minimum floor area for its sole use. These devices shall be considered an accessory use incidental and subordinate to the principal use of the premises.
A forty-five-square-foot minimum floor area shall be provided for each device so as to allow its use without overcrowding. A minimum width of three feet shall be provided as clearance on both sides of each device. The depth of space in front of the device shall be at least 4 1/2 feet. The rear of the unit may be placed flush against an appropriate fire-rated wall.
[Amended 6-22-1983 by Ord. No. 1579]
Applications for said license shall contain the following information:
The name, date and place of birth, home address and the home telephone number and the business telephone number of the applicant and each of its stockholders, officers, directors and each partner, member or principal.
The name and address of the registered agent of the applicant or person upon whom service of process is authorized to be made.
The name, date and place of birth, home address and telephone number of the manager or other agent of the applicant who shall be in charge of or conduct the business of the applicant within the Borough of Roselle.
With respect to each person whose name is listed on the license application, the fact of whether or not said person was ever convicted of any crime, whether by or without jury or by plea, in any jurisdiction or an offense which, under the laws of the State of New Jersey, is denominated as a misdemeanor or high misdemeanor, or an offense involving moral turpitude, with full disclosure of the nature of the offense, the time and place of commission, legal proceedings in connection therewith and punishment or penalty.
A sketch detailing the precise location and type of each machine or device to be operated under the license applied for must be submitted at the time of application for said license.
If the applicant is a corporation, there shall be included a corporate resolution in proper form authorizing the execution of the license application on behalf of the corporation.
The application shall contain a certification, under oath, made by the applicant, that the information contained in the application and all attachments thereto is complete, accurate and truthful to the best of his knowledge and belief.
All applications shall be accompanied by the license fee as set forth hereinafter. A license fee of $300 for each device licensed hereunder shall be payable annually in advance by the licensee upon receipt of an application and accompanying materials to the Chiefs of the Police and Fire Departments and the Building Official for investigation, review and report.
All initial applications that are filed after February 1 shall be accompanied by the prorated portion of the annual license fee of $300. The fee shall be prorated for the period beginning the date the license was filed through the license expiration date of December 31 of the same year. The prorated fee shall be prorated on a monthly basis such that the least amount of the prorated fee shall be 1/12 of the license fee regardless of when the application was made.
[Added 10-18-2006 by Ord. No. 2260-06]
Licensing standard. Upon receipt of all reports and information in accordance with the standards and requirements set forth, the Mayor and Council may grant or refuse the license or may grant the license as to one or more but not all of the coin-operated amusement or entertainment devices and refuse the license as to the rest. If the license is granted, the Borough Clerk shall forthwith issue the license.
[Amended 6-22-1983 by Ord. No. 1579]
License denial and appeal. In the event that the Mayor and Council determine that such application does not meet the standards above set forth, the license shall be denied. Upon the Mayor and Council's denying such application, the unsuccessful applicant shall have the right to appeal such denial to the Mayor and Council within 10 days of receipt of written denial, by a written notice of appeal served upon the Borough Clerk. The Mayor and Council shall thereafter schedule a hearing on such appeal within 30 days thereof and issue its decision within 30 days after such hearing.
[Amended 6-22-1983 by Ord. No. 1579]
Transferability; refunds. No license issued pursuant to this section is transferable, and no license fee shall be refunded upon the revocation or surrender of any license.
License cards issued pursuant to this section shall specify the location of the premises of which the licensed coin-operated amusement device is to be used or kept, a brief description of the device, the device's number or other means of identification and the name and address of the owner and lessee or bailee of said device.
All license cards issued pursuant to this section shall be posted and at all times displayed in a conspicuous place at or near the licensed device.
All licenses issued pursuant to this section shall expire on December 31 of each year. Upon the expiration of the license, the holder shall surrender the license card forthwith to the Borough Clerk.
Any licensee who shall suffer, permit or approve of the use of any coin-operated amusement device for gambling purposes shall be deemed in violation of this chapter.
It shall be unlawful to install, maintain and use any such coin-operated amusement device for the purpose of giving, directly or indirectly, any prize, return or profit for the use of such device.
A readily visible sign shall be installed indicating that the use of machines or devices by persons under 16 years of age shall not be permitted during normal school hours. The use of machines or devices during this time by persons under 16 years of age shall cause the license to be revoked. The time period shall be 8:30 a.m. to 3:00 p.m., Monday through Friday.
The licensee shall at all times maintain good order and shall not permit any disturbance, congestion or loitering upon the licensed premises.
No coin-operated amusement devices shall be operated in a manner which will enable it to be heard outside of the premises.
There shall be a four-foot-wide aisle maintained beyond the depth of 4 1/2 feet in front of the device as provided for by § 39-3B of this chapter.
Each device shall be located a minimum of 12 feet from any entranceway to the premises in which it is located.
All requirements of the Fire Underwriters' Code and the Uniform Construction Code of the State of New Jersey shall be complied with.
Every license issued hereunder is subject to revocation by the Mayor and Council of the Borough of Roselle should the owner-operator or operator operate any amusement or entertainment machine or device contrary to the provisions of this chapter or the standards set forth herein for the issuance of a license. Any material misstatement or omission in the license application or any information submitted therewith shall constitute sufficient pounds for revocation of said license. The Mayor and Council, through the Clerk, shall serve upon the licensee notification of intention to revoke the license and advise the licensee that he has 10 days from receipt of the notification to request a formal hearing. In the event that no formal hearing is requested, then the Mayor and Council shall be authorized, after said 10 days' period to revoke the license. In the event that the licensee does request a hearing, then he shall be entitled to a hearing before the Mayor and Council and give testimony and produce witnesses as he shall deem appropriate. The Mayor and Council shall listen to all witnesses and testimony that it deems relevant and shall render a decision as to whether or not the license should be revoked.
[Amended 5-24-1989 by Ord. No. 1759]
Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction for such violation, be committed to the county jail for a term not exceeding 90 days or shall be fined a sum not exceeding $500, or both, at the discretion of the court, and confiscation of the machines in question.
Each and every day in which a violation of any provision of this chapter exists shall constitute a separate violation.