Borough of Paramus, NJ Amusement Devices and Arcades

AMUSEMENT GAMES LICENSING LAW

Editor's Note: This ordinance also repealed former Ch. 165, Amusement Devices, adopted 5-14-1969 by Ord. No. 608 (Ch. 4, Art. 1, of the 1969 Code), as amended.

§ 165-1 Legislative findings and declarations of policy.

§ 165-2 Definitions and word usage.

§ 165-3 Conflicts with other provisions.

§ 165-4 Arcades prohibited; games restricted.

§ 165-5 Licenses and permits.

§ 165-6 Location restrictions.

§ 165-7 Off-street parking and area requirements.

§ 165-8 Suspension or revocation of licenses and permits; review.

§ 165-9 Violations and penalties.

§ 165-1 Legislative findings and declarations of policy.

The Mayor and Council of the Borough of Paramus have determined that the unrestricted establishment of commercial game rooms and arcades would pose substantial hazards to the peace, comfort, health, safety and welfare of Borough residents. Likewise, the unregulated proliferation of games and other amusement devices, as incidental uses within established business premises, would pose equally serious problems in the maintenance of an orderly and peaceful flow of commerce, in the preservation of the public safety and welfare and in the promotion of legitimate and necessary uses within the business community. It is the purpose of this chapter to assure the safeguarding of general health, welfare, morals and comfort of the Borough citizenry; and by their nature or evolution within the community, would seriously impede or adversely affect the efficient delivery of essential municipal services, the orderly regulation of pedestrian and vehicular traffic and the reasonable enjoyment of recreational activity within the community as a whole.

This chapter is declared by the Mayor and Council of the Borough of Paramus to be adopted pursuant to the police powers granted to the Borough pursuant to the laws of the State of New Jersey.

§ 165-2 Definitions and word usage.

For the purposes of this chapter, and all amendments or additions hereto, the following words and phrases shall have the meanings described herein, as and whenever the same shall appear in this chapter:

N.J.S.A. 5:8-78 through N.J.S.A. 5:8-130 and N.J.A.C. 13:3-1.1 through N.J.A.C. 13:3-6.6, including any amendments thereto duly enacted subsequent to the effective date of this chapter.

[Added 8-26-2003 by Ord. No. 03-27]

GAMES and AMUSEMENT DEVICES

Any electric, mechanical, computerized, electronic or other device, machine or implement which is either designed and intended or used, operated or maintained as a game, amusement or means of entertainment, including but not limited to the following: pinball machines, shooting galleries, computerized games, electronic games, skill boards, billiard or pool tables, electronic bowling or shuffleboard tables, bowling alleys and casino-type games or bagatelle or any other similar games of skill or chance. Also included within the definition are coin-operated mechanical or electronic musical devices which are commonly referred to as "jukeboxes."

GAMES ARCADE

Any lot, premises, facility, building or structure, open to the public, in which three or more bowling alleys, electronic or mechanical games or amusements, billiard or pool tables or any other games or amusement devices of any kind as such terms are defined herein or any combination of three or more such games or devices as aforesaid are situated, stored, possessed, operated, used or maintained and for which a fee is charged, either directly or indirectly or by membership, ticket or indirect fees, either for admission to any such place or premises or for access to or use of any such games or amusement devices as aforesaid.

PERSON

Any natural person, firm, corporation, partnership, association, company, organization, club, society or other entity, except the United States, the State of New Jersey, the Borough of Paramus, and any divisions, boards, commissions, agencies or departments thereof, when acting in their official capacities.

REDEMPTION AMUSEMENT GAME

Games certified as permissible by the Amusement Games Control Commissioner, pursuant to the Amusement Games Licensing Law, which are played for amusement or entertainment, in which the personal player actively participates, in which outcome is not the control of the operator or the owner of the game and which is so conducted that when and where all of the players are present there occurs in continuous sequence the sale of a right to participate, the event which determines whether a player wins or loses and the award of a merchandise prize or nontransferable tokens or tickets, which may be accumulated and which are immediately redeemable for merchandise prize; provided, however, that the following are not redemption amusement games and are not eligible for license under this chapter: bingo games; draw raffles.

[Added 8-26-2003 by Ord. No. 03-27]

Word usage.

"And" and "or." Unless the context shall clearly require otherwise, the words "and" and "or" shall be interpreted to mean and include each other and shall be interchangeable.

"Shall" and "may." The word "shall," whenever it appears, shall always mean "must" and shall prescribe mandatory conduct. The word "may," whenever it appears, shall always mean "might" and shall prescribe permissive or discretionary conduct.

Singular and plural. Unless the context shall clearly require a different interpretation, whenever the singular form of a word shall appear herein, it shall mean and include the plural thereof, and whenever the plural form of a word shall appear herein, it shall mean and include the singular thereof.

§ 165-3 Conflicts with other provisions.

Insofar as it may actually conflict with the provisions of any other law, ordinance, rule, order or regulation, this chapter, and all amendments, codifications and recodification hereof, shall be deemed to supersede and take precedence and control over every such contrary provision, but only to the extent and degree necessary to effect the purposes of this chapter and carry out its provisions, and for no other reason.

§ 165-4 Arcades prohibited; games restricted.

It shall be unlawful for any person to own, lease, store, possess, use, operate or maintain more than three games or amusement devices for business or commercial purposes in or upon any premises within the Borough of Paramus or to own, lease, store, possess, use, operate or maintain any such game or amusement device except in conformity with the provisions of this chapter and unless licenses and permits have previously been obtained therefor.

§ 165-5 Licenses and permits.

It shall be unlawful for any person to own, lease, store, possess, use, operate or maintain any game or amusement device for commercial or business purposes in or upon any premises within the Borough of Paramus, except as an accessory use to the permitted principal use, on business premises and only after having previously obtained all licenses and permits required by this section.

A separate premises permit shall be required for each building, facility, structure or other premises in which games or amusement devices are owned, leased, stored, possessed, used, operated or maintained for business or commercial purposes, and a separate license shall be required for every game or amusement device so owned, leased, stored, possessed, used, operated or maintained in or upon any such premises, which license shall be posted in a conspicuous place in the establishment of the licensee where games are located.

Applications for permits and licenses shall be made in writing on forms provided by the Borough Clerk and shall be filed in the office of the Borough Clerk during regular business hours. Every such application should provide for such information as the Mayor and Council may, from time to time, direct or require by rule, regulation or order. No application shall be accepted for filing unless fully completed, signed and notarized and unless accompanied by payment of all application fees provided for elsewhere in this section.

After the filing of the application, the Borough Clerk shall forward a copy of said application to the Chief of Police for inspection of the equipment and premises. A full report shall be returned to the Borough Clerk and forwarded to the Mayor and Council for approval as required.

No license or permit may be granted or issued pursuant to this section unless and until all of the provisions of this chapter are fully complied with. In addition to the foregoing requirement, the Mayor and Council, as licensing body, shall consider the following factors before passing upon any application hereunder: The possible effects on the public health, peace, safety, comfort and welfare, including but not limited to the size, floor area, design and location of the premises; the nature and type of game or amusement device proposed to be used; the proposed hours and days of operation; the proximity of residential uses; the impact on municipal services, facilities and public areas; compatibility with surrounding business uses; potential increase in pedestrian and vehicular traffic; the adequacy of existing and proposed fire safety devices, such as sprinklers, alarms, extinguishers and fire exits; the potential for increased noise and other noxious disturbances; and compliance with all fire, building, zoning, plumbing and other ordinances and laws.

A separate license shall be issued for each location at which the licensee is authorized to hold, operate and conduct redemption amusement games. A separate license shall be issued for each specific kind of redemption amusement game authorized to be held, operated and conducted on the licensed premises by the licensee, pursuant to N.J.A.C. 13:3-7.9 and as defined in Chapter 161 entitled "Amusement Businesses" of the Code of the Borough of Paramus.

[Added 8-26-2003 by Ord. No. 03-27[1]]

Editor's Note: This ordinance also provided for the redesignation of former Subsections F through I as Subsections G through J, respectively.

Issuance and renewal.

In the event that the Mayor and Council shall deem it advisable to grant the application for a permit or license, the Borough Clerk, after payment of the annual fees for licenses and permits provided for elsewhere in this section, shall issue the appropriate license and/or permit. Licenses and permits shall be issued on an annual basis only and shall expire on December 31 next succeeding the date of issuance thereof. The license shall state with particularity the precise location being licensed. No such license or permit shall be transferable between persons, games and amusement device or locations.

In the event that a license or permit issued hereunder shall not be renewed and the annual renewal fee not paid therefor on or before December 31 of expiration of such license or permit, then the same shall be null and void and of no further force or effect, and the holder thereof shall be required to file a new application and pay a new application fee before any such license or permit may be validly reinstated by the Mayor and Council and lawfully reissued and renewed by the Borough Clerk.

Fees.

The fees required under the provisions of this section shall be:

(a)

For each application for a premises permit: the sum of $100.

(b)

For each application for a game/amusement device license: the sum of $20.

(c)

For each premises permit: the sum of $100 annually for each such permit.

(d)

For each game/amusement device license per licensed location:

Number of Machines	Fee Per Machine
1 to 2	$300
3 to 10	$150
11 to 20	$100
21 and over	$75

(e)

For amusement machines, other:

For riding machines: $300.

[2]

For all other machines: $25.

(f)

For each premises at which redemption amusement games are located: the sum of $250 annually for each such permit.

[Added 8-26-2003 by Ord. No. 03-27]

For throw games: the license sum is $250 annually;

[2]

For arcade games: the annual license sum is $250, plus $10 per machine for each machine in excess of 50 machines;

[3]

For competitive games: the annual license fee is $250; and

[4]

For miscellaneous games: the annual license fee is $250.

All fees provided for herein shall be nonrefundable and without proration.

The Mayor and Council may, from time to time, amend, repeal, abolish or otherwise modify any fee provided for herein by resolution. Except for good cause shown and unless specifically provided for therein, no such resolution shall be retroactive, in either its effect or application, from the date of its adoption.

All licenses shall be nonassignable and nontransferable and personal to the stockholders of any corporate license, requiring a new application in the event of the sale or transfer of the corporate stock and/or assets, in whole or in part.

For the purposes of annual license fees, computer terminals connected to multiple monitors shall be assessed a fee for each computer terminal rather than for each monitor.

[Added 6-24-2003 by Ord. No. 03-23]

§ 165-6 Location restrictions.

It shall be unlawful for any person to own, lease, store, possess, use, operate or maintain any game or amusement device for business and commercial purposes within the Borough of Paramus, and no license or permit shall be granted or issued therefor, within any of the following restricted locations or premises:

Any area of the Borough which is zoned for a use classification other than the business classification under the Paramus Zoning Ordinance.[1]

Editor's Note: See Ch. 429, Zoning.

Any area within a radius of 1,500 feet of any school, nursery, day-care center, church, synagogue, public park or playground, library, hospital or clinic, public building, community center or nursing home.

Any area within a radius of 1,500 feet of any place or premises, other than a bar or bar-restaurant, in which any game or amusement device is currently and lawfully used, stored, owned, leased, possessed, operated or maintained under a valid license or permit issued pursuant to this chapter.

(4)

Within or upon any place, premises or building, other than a bar or bar-restaurant, in which any type of food, beverage, liquor or alcoholic beverage is or may be sold, offered for sale, purchased, dispensed, served or consumed or in which the same is permitted to be brought into or possessed in or upon any part or portion of such place, premises or building.

(5)

Within or upon any place, premises or building, any part or portion of which is designed, constructed, altered, intended, used or maintained as or for a residential dwelling or apartment, whether or not the same shall be segregated from the remainder of such premises and whether or not the same shall be located on the same or a different floor of such building or premises as to the remaining portions thereof.

The provisions of this section shall not apply to any establishment actually licensed by the Borough of Paramus for the use, operation, location or maintenance of any game or amusement device, prior to the effective date of this chapter, solely in respect to any such game or amusement device actually covered under the provisions of any such license.

§ 165-7 Off-street parking and area requirements.

It shall be unlawful for any person to own, lease, store, possess, use, operate or maintain any game or amusement device for business or commercial purposes in or upon any premises within the Borough of Paramus, and no license or permit shall be issued or granted therefor, unless and until the owner of such premises can provide a minimum of 1 1/2 off-street parking spaces for each such game or amusement device permitted by this chapter. Each such parking space shall be located on the same lot as the premises game or amusement devices are located. Each such off-street parking space shall fully conform to every Borough law, ordinance, rule, order or regulation controlling or providing for the same and shall be in addition to and separate from all other off-street parking which may be required by any such law, ordinance, rule, order or regulation.

Every game and amusement device within the Borough shall be so situated and placed within and upon a premises that it shall not:

Block or otherwise obstruct any window, door, doorway, ventilating duct, fire exit, boiler, furnace, radiator, baseboard or other heater device, stairs or stairway, toilet or other sanitary facility.

Obstruct or encumber or otherwise interfere with the free, clear passage of any person into, through or from such purposes.