[Adopted 12-18-1979 by Ord. No. 79-111 as Ch. 4, Art. 2, of the 1979 Revised General Ordinances of Paterson]
[Amended 2-5-1985 by Ord. No. 85-001]
As used in this article, the following terms
shall have the meanings indicated:
Refers to an individual applicant, a corporate applicant,
any of its officers, directors or stockholders; or a partnership applicant,
any of its partners.
Any person who leases or rents out or places, under any arrangement,
one or more mechanical amusement devices, as defined in this section.
Refers to the mechanical amusement device defined in § 117-1 of this chapter.
[Amended 2-5-1985 by Ord. No. 85-001; 9-26-1989 by Ord. No.
89-048]
No distributor shall distribute to any person,
partnership or corporation any mechanical amusement device for the
purpose of operation thereof at premises within the City of Paterson
without first having obtained a license (hereinafter referred to as
a "distributor's license") therefor as hereinafter provided in this
article.
[Amended 2-5-1985 by Ord. No. 85-001; 9-26-1989 by Ord. No.
89-048; 11-12-1996 by Ord. No. 96-064]
A.
An application for a license required by this article
shall be filed with the Licensing Division upon forms approved by
the Council.
B.
The application shall state:
(1)
The name of the applicant.
(2)
Post office and street address of the applicant.
(4)
In the case of an application by a corporation, limited
liability company or partnership, the application shall reflect whether
any partner, corporate officer or shareholder or any member of said
partners officer's or shareholder's immediate family of the applicant
has been convicted of:
(5)
In the case of any application by an individual, the
application shall reflect whether that individual or any member of
his immediate family has ever been a shareholder or officer of a corporation,
limited liability company or a partner in a partnership which has
been convicted of:
(6)
Trade names utilized by the applicant.
(7)
Such other information as the Council shall deem necessary
or proper.
C.
With regard to applications from corporations, limited
liability company or partnerships, an applicant wherein a stockholder
or member of his immediate family holding 10% or more of the stock
or a partner or member of his immediate family holding 10% or greater
share in the partnership has been convicted of a crime, violation
of any City ordinance involving gambling or a violation of this article
shall be denied a license.
D.
With regard to applications from individuals, if said
individual or member of his immediate family has ever been a stockholder
or corporate officer in a corporation or a partner in a partnership
which has been convicted of a crime, violation of any City ordinance
involving gambling or a violation of this article, said applicant
shall be denied a license.
E.
For purposes of this section, "immediate family" shall
be deemed to include spouse and children.
[Amended 2-5-1985 by Ord. No. 85-001]
It shall be the duty of the license inspector,
appointed by the Council, to investigate all applicants for said license
and to investigate the premises wherein each mechanical amusement
device will be located.
[Amended 6-8-1983 by Ord. No. 83-045; 2-5-1985 by Ord. No. 85-001; 9-26-1989 by Ord. No. 89-048; 12-12-1989 by Ord. No. 89-064]
A.
The license issued under this article shall designate
the number of mechanical amusement machines allowed to be distributed
under the particular license. The fee for the license shall be fixed
in accordance with the number of machines allowed to be distributed
thereunder, all in the following manner:
[Amended 1-22-1991 by Ord. No. 91-003; 11-12-1996 by Ord. No.
96-067; 5-27-2003 by Ord. No. 03-023; 11-9-2010 by Ord. No.
10-063]
|
Number of Machines Under
Particular License
|
License Fees for
Particular License
| |
|---|---|---|
|
Distribution of from 1 to and including 25 machines
|
$1,100
| |
|
Distribution of from 26 to and including 50
machines
|
$1,650
| |
|
Distribution of more than 50 machines
|
$2,200
|
B.
The above license fees are fixed for the purpose of
both regulation and revenue and shall be payable with the filing of
the application. If the application is rejected, the fee is to be
returned to the applicant, except for a processing fee of $25.
C.
Any application for a license renewal which is not
complete within 30 days of the renewal date shall be subject to an
additional late administrative charge equal to 10% of the cost of
the license renewal.
[Added 11-12-1996 by Ord. No. 96-067]
[Amended 11-3-1980 by Ord. No. 80-052; 2-5-1985 by Ord. No. 85-001; 9-26-1989 by Ord. No. 89-048]
A.
No distributor nor any of his officers, directors,
agents, servants or employees shall, by threats, promises or intimidation,
seek to control or direct the placement or removal of any mechanical
amusement device.
B.
Each distributor shall promptly report, in writing,
to the Licensing Division any change by addition or deletion of the
information furnished on the license application and all material
attached thereto, and this obligation shall be fully met during the
term of any license or the renewal thereof.
[Amended 2-5-1985 by Ord. No. 85-001]
All mechanical amusement devices distributed
by the licensee shall display in a prominent place in view of the
player a notice, in prominent lettering and approved as to form by
the Council, setting forth that:
[Amended 2-5-1985 by Ord. No. 85-001; 9-26-1989 by Ord. No.
89-048]
A.
The licensee shall report to the Licensing Division,
in writing, in form and manner required by the Council, the name and
address of the person and the premises to whom a mechanical amusement
device has been delivered and distributed, within seven days after
the same has been delivered by the distributor.
B.
The licensee, prior to distributing any mechanical amusement device to premises within the City of Paterson, shall establish and verify with the City of Paterson Licensing Division that a valid mechanical amusement device license pursuant to Article I of this chapter, Mechanical Amusement Devices, has been issued for the specific machine, premises and owner in question.
[Amended 9-26-1989 by Ord. No. 89-048]
A.
In addition to any other penalties for any violation
of this article, the Council may, after notice and hearing and for
just cause, suspend, revoke or not renew any license issued hereunder
for:
[Amended 11-12-1996 by Ord. No. 96-064]
(1)
Any crime.
(2)
A violation of any City ordinance involving gambling,
including violation of this article in relation to gambling.
(3)
A violation of the provisions of this article by the
applicant, a member of the applicant's immediate family, a corporation
in which the applicant was a shareholder or officer or a partnership
in which the applicant or a member of his immediate family held an
interest.
B.
Any person whose license has been revoked under the authority of the preceding Subsection A may, after the lapse of two years from the date of conviction, apply to the Council for an order removing the disqualification from obtaining or holding a license under this article.
C.
Whenever any such application described in Subsection B of this section is made and it appears to the satisfaction of the Council that at least two years have lapsed from the date of the last such conviction, the applicant has conducted himself in a law-abiding manner during that period and the granting of a license for the distribution of mechanical amusement devices will not be contrary to the public interest, the Council may enter an order removing the applicant's disqualification from obtaining or holding a license under this article because of the conviction. On and after the date of the entry of such order, the person therein named shall be qualified to obtain and hold a license under this article, notwithstanding the conviction therein referred to, provided that he or she is, in all other respects, qualified under this article.[1]
[1]
Editor's Note: Former Sec. 4-25, Suspension
or revocation of license, which immediately followed this section,
was repealed 9-26-1989 by Ord. No. 89-048.
[Amended 9-26-1989 by Ord. No. 89-048]
Any person who violates any provision of this
article shall, upon conviction thereof, be punished by a fine not
exceeding $1,000 or by imprisonment for a term not exceeding 90 days,
or both. A separate offense shall be deemed committed on each day
during or on which a violation occurs or continues.
