[Adopted 12-18-1979 by Ord. No. 79-111 as Ch. 4, Art. 3, 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:
Any public or quasi-public place or premises to which the public is invited or which the public may enter wherein more mechanical amusement devices, as defined in this section, are operated, maintained or used or intended to be operated, maintained or used than are permitted under the provisions of § 117-11 of this chapter.
Refers to the mechanical amusement device defined in § 117-1 of this chapter.
No person shall operate or maintain an amusement
parlor without first obtaining a license therefor issued by the Licensing
Division after the Council has approved the granting thereof.
[Amended 6-3-1981 by Ord. No. 81-034; 2-5-1985 by Ord. No. 85-001]
Nothing contained in this article is intended
to prevent the holder of an amusement parlor license issued under
this article from operating or maintaining on the licensed premises
any machine or device operated for the emission of songs or music
or the recording of voices or music or the reproduction of photographs
or photographic prints or any electrical device which may be used
as a test of strength or any video device which provides no free play,
no prizes nor the return of any money.
[Amended 8-10-1982 by Ord. No. 82-014; 2-5-1985 by Ord. No. 85-001]
A.
An application for a license required by this article
shall be filed with the Licensing Division on forms approved by the
Council.
B.
The application shall set forth:
(1)
The name and address of the applicant and the location
of the premises to be licensed; in the case of a partnership, the
names and addresses of all partners; in the case of a corporation,
the names and addresses of the officers, directors and stockholders
thereof for a period of six months prior to the date of the application.
Such persons may be required to furnish fingerprints and photographs.
C.
The application shall have attached to it a floor
plan of the premises to be licensed, showing clearly the number and
location of all amusement machines and all entrances and exits.
D.
The application shall have attached to it a floor
plan of the premises to be licensed, showing clearly all entrances
and exits.
E.
The application shall be accompanied by the license
fee.
[Amended 8-10-1982 by Ord. No. 82-014; 2-5-1985 by Ord. No. 85-001]
A.
No license shall be granted under this article for
any premises where no emergency fire exit is provided.
B.
No license shall be granted under this article until
the premises has been inspected by the Fire Division of the City and
approved by the Fire Division for such use as an amusement parlor.
C.
No license shall be granted under this article where
the applicant or any partner or any officer, director or stockholder
of a corporate applicant shall have been convicted of:
D.
The Council may, in its discretion, grant the license
when such conviction shall have preceded the date of the application
by two years or more or, if less than two years, upon application
by the applicant for removal of the disqualification, the Council
may, in its discretion, grant a license hereunder.
E.
Notwithstanding anything to the contrary contained in this section, no license shall be granted under this article for any premises unless the applicant and all of the persons described in § 117-29B are of good moral character. A favorable written report of the Chief of Police shall be taken as evidence of good moral character.
F.
No license shall issue to any amusement parlor wherein
more than 10 amusement devices are to be installed unless the proprietor
of such establishment shall retain special uniformed police officers,
uniformed security officers or uniformed constables, at the proprietor's
expense, to be at the premises during all hours of operation.
G.
As a condition for granting a license for an amusement parlor for premises located within § 117-31B of this article, the licensor shall provide on-site at least one security guard throughout all hours of operation. The security guard shall be an off-duty police officer, uniformed security guard, constable or equivalent thereof.
[Added 6-28-1994 by Ord. No. 94-043]
No license shall be granted under this article
for premises located:
A.
Within 200 feet of any church or school; or
B.
Within the following described area: Beginning at
the intersection of Straight Street and Broadway; thence running west
along Broadway to Curtis Place; then south along Curtis Place to Prospect
Street; continuing south along Prospect Street to Market Street; thence
east along Market Street to Main Street; thence south along Main Street
to Ward Street; thence east along Ward Street to Straight Street;
thence north along Straight Street to the point and place of beginning,
except that the Municipal Council may grant a license for premises
located within the aforementioned area, provided that within said
premises or immediately adjacent thereto and within the same structure
is located a duly licensed food service establishment, such as a restaurant
or food court, with a seating capacity of not fewer than 75 persons.
[Amended 10-27-1992 by Ord. No. 92-056; 6-28-1994 by Ord. No. 94-043]
A.
The fee to be paid for the license required by this
article shall be $425 plus an additional charge of $65 per machine
located on the premises per annum.
[Amended 11-12-1996 by Ord. No. 96-066; 12-2-2003 by Ord. No. 03-077; 11-9-2010 by Ord. No. 10-063; 10-9-2018 by Ord. No. 18-045]
B.
The license shall be valid for the period of one year
from the date of issuance unless sooner revoked or suspended.
C.
If the application is rejected or withdrawn, the sum
of 50% of the license fee shall be returned to the applicant.
[Amended 10-9-2018 by Ord. No. 18-045]
D.
An application for a license renewal which is not
completed 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. 96-066]
[Amended 5-3-1983 by Ord. No. 83-035A; 2-5-1985 by Ord. No. 85-001]
The license shall not be transferable from place
to place or to another person until proper application shall have
been made as heretofore provided for an original issuance and shall
be granted only on the written consent of the Council.[1]
[1]
Editor's Note: Original Sec. 4-36, Restrictions
as to minors, amended 2-5-1985 by Ord. No. 85-001, was deleted 12-19-1995
by Ord. No. 95-068.
The licensee or his agents, servants or employees
shall not:
A.
Permit, suffer or allow any machines or devices on
the licensed premises to be used for gambling purposes.
B.
Offer, permit, suffer or allow any prize, free play
or return of money on any machines or devices on the licensed premises,
except for any machines or devices in amusement parks as licensed
by the State of New Jersey and the City of Paterson, which shall be
subject to state law and regulations governing prizes.
[Amended 6-23-2009 by Ord. No. 09-019]
[Amended 8-10-1982 by Ord. No. 82-014; 6-23-2009 by Ord. No.
09-019]
No licensee shall permit the operation of any
mechanical amusement device during the hours when the taverns in the
City are closed.
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 or revoke any license issued hereunder for:
(1)
A violation of the provisions of this article;
(2)
Failure to comply with the federal or state laws or
City ordinances pertaining to the operation of the licensed premises;
(3)
Failure to maintain the premises in accordance with
the provisions of this article; or
(4)
Any cause which would have been cause for rejection
of the application in the first instance.
B.
If the license is revoked, said premises shall not
be licensed under this article for a period of one year from the date
of revocation.
This article is enacted for the purpose of raising
revenue and for the regulation and control of amusement parlors.
[Amended 12-19-1995 by Ord. No. 95-068]
Any person who violates any provision of this
article shall, upon conviction thereof, be punished by a fine not
exceeding $1,000, by imprisonment for a term not exceeding 90 days
or by a period of community service for not more than 90 days, or
any combination thereof. A separate offense shall be deemed committed
on each day during or on which a violation occurs or continues.
