Township of Cedar Grove, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Cedar Grove 12-15-1952, Ch. 7, Art. 3, of the former Revised Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 83.
Places of amusement — See Ch. 88.
Bingo and raffles — See Ch. 97.
Golf courses and driving ranges — See Ch. 153.
Noise — See Ch. 176.
Controlled dangerous substances — See Ch. 179, Art. II.
Peace and good order — See Ch. 188.
STATUTORY AUTHORITY
Adoption of police ordinances — See N.J.S.A. 40:69A-29.
As used in this chapter, the following terms shall have the meanings indicated:
JUKEBOX
Any music-vending machine, contrivance or device which, upon insertion of a coin, slug, token, plug, disk or key into any slot, crevice or other opening or by the payment of any price, operates or may be operated for the emission of songs, music or similar amusement.
MECHANICAL AMUSEMENT DEVICE
Any machine which, upon the insertion of a coin, slug, token, plate or disk, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It shall include 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.
PERSON
Includes any person, within the definition of § 1-2, who owns any jukebox or mechanical amusement device; the person in whose place of business any such machine is placed for use by the public; the person having control over such machine.
Any person displaying for public patronage or keeping for operation any jukebox or mechanical amusement device shall be required to obtain a license issued by the Township Clerk as provided herein.
Application for a license shall be made in duplicate to the Township Clerk upon a form to be supplied by the Township. The application shall contain the following information:
A. 
Name and address of the applicant, age, date and place of birth.
B. 
Prior convictions of applicant, if any.
C. 
Place where the machine or device is to be displayed or operated and the business conducted at that place.
D. 
Description of the machine to be covered by the license, its mechanical features, name of manufacturer and serial number.
The applicant shall be required to acquire a license for each machine secured, displayed or operated by him.
[Amended 12-18-1972 by Ord. No. 72-20]
No license shall be issued to any applicant unless he shall be at least 18 years of age.
A. 
One copy of the application shall be referred by the Township Clerk to the Chief of Police. He shall investigate the location wherein it is proposed to operate such machine, ascertain if the applicant is a person of good moral character and either approve or disapprove the application. No license shall be issued by the Township Clerk to any applicant unless approved by the Chief of Police and the Township Council.
B. 
No license shall be issued under this chapter to any person who shall have been convicted of any crime or offense involving moral turpitude or who shall have been convicted of the violation of any state law or municipal ordinance involving gambling.
[Added 1-9-1978 by Ord. No. 77-64]
Any person aggrieved by a decision of the Township Clerk may appeal such decision to the Township Council by notifying the Township Clerk of the intent to appeal within 10 days of the applicant's receipt of such adverse decision. The Township Council shall then schedule a hearing on such appeal within 30 days of receipt of the notice to appeal, at which time the applicant may present such evidence as be desires to establish his grounds for appeal. Said appeal will be decided by majority vote of the Council and this decision will be considered final.
[Amended 1-7-1963; 2-4-1963; 8-4-1975 by Ord. No. 75-8]
A. 
The annual license fee, payable in advance of issuance of the license, for the privilege of operating or maintaining for operation each jukebox or mechanical amusement device shall be: jukebox, $35 per machine; mechanical amusement device, $200 per machine. A maximum of four mechanical amusement devices will be permitted in each establishment.
[Amended 8-27-1979 by Ord. No. 79-102; 12-14-1981 by Ord. No. 81-168]
B. 
In any premises for which a retail liquor license under Chapter 1 of Title 33 of the Annotated Statutes of New Jersey is required, there shall be permitted a maximum of one game or device from each of the following categories: billiard or pool table; bowling or shuffleboard device. Any such game or device located on said premises shall be subject to an annual license fee of $50 for the first permit; $100 for the second permit, except where the same is not coin-operated or for which no charge is made for using, playing or operating said game or device.
C. 
Payment of such license fee by any person enumerated in the definition of "person" under § 86-1 shall be deemed a compliance with this section.
Licenses issued under this chapter shall be for a term commencing on the first day of January and expiring on December 31 of the year of issuance.
A. 
A license shall not be transferable from person to person nor place to place and shall be usable only by the place and by the person designated in the license.
B. 
A license may be transferred from one machine or device to another similar machine on application therefor to the Township Clerk and the giving of a description and the serial number of the new machine or device.
Each license shall be posted permanently and conspicuously at the location of the machine in the premises wherein the device is to be operated or maintained to be operated.
Nothing in this chapter shall in any way be construed to authorize, license or permit any gambling devices whatsoever or any mechanism that has been or is judicially determined to be a gambling device or in any way contrary to law.
[1]
Editor's Note: Former § 86-13, Minimum age of users of mechanical devices, was repealed 7-11-1977 by Ord. No. 77-55.
No person shall permit the playing of any jukebox licensed under this chapter during the following hours:
A. 
On New Year's Day or Christmas Day, between the hours of 5:00 a.m. and 7:00 a.m.
B. 
On all other days, between the hours of 2:30 a.m. and 6:00 a.m.
[Amended 7-11-1977 by Ord. No. 77-55]
No person shall permit the playing of mechanical amusement devices within 200 feet of any church or public or parochial school.
A. 
Every license issued under this chapter is subject to the right, which is hereby expressly reserved, to revoke the same should the licensee directly or indirectly permit the operation of any jukebox or mechanical device contrary to the provisions of this chapter or any other ordinance of the Township or the laws of the state. Said license may be revoked by the Township Council after a hearing, upon 10 days' written notice to the licensee, if the licensee is found guilty of the violation charged. The notice shall specify the ordinance or law violations with which the licensee is charged. At such hearing, the licensee and his attorney may present evidence or witnesses in his defense.
B. 
In addition, a license issued pursuant to this chapter may be revoked or suspended when any licensee, who is the owner of the property upon which the licensed activity is conducted, has failed to pay the taxes due on the property for at least three consecutive quarters.
[Added 5-6-1991 by Ord. No. 91-383]
[Added 1-9-1978 by Ord. No. 77-64]
If the Township Clerk, in his discretion, determines that it is in the best interests of the Township, he may immediately suspend any license pending the revocation hearing provided for in § 86-16. Immediately upon receipt of such notice of suspension, the licensee shall cease to operate any jukebox or mechanical device and shall not operate such jukebox or mechanical device until a final decision is rendered at the revocation hearing authorizing him to do so.
If the Chief of Police shall have reason to believe any mechanical amusement device is used as a gambling device, such machine may be seized by the police and impounded. If, upon trial of the licensee for allowing it to be used as a gambling device, said licensee is found guilty, such machine shall be destroyed by the police or other state or county enforcement officers.
[Amended 12-17-1962; 7-30-1984 by Ord. No. 84-222; 10-23-2006 by Ord. No. 06-656]
A. 
In addition to the revocation provided in § 86-16, any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $2,000 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.
B. 
In addition to any other penalty, the license may be suspended or revoked.