[Amended 10-12-1976 by Ord. No. 40-1976; 12-13-1976 by Ord. No. 59-1976; 7-17-1978 by Ord. No. 11-1978; 11-8-1979 by Ord. No. 48-1979; 11-10-1980 by Ord. No. 15-1980; 9-27-1982 by Ord. No. 15-1982; 6-11-1984 by Ord. No. 23-1984]
This article is enacted for the purpose of regulation and control of coin-operated amusement games of the type commonly known and designated as "bagatelle," "Skee-Ball," "baseball," "golf," "pinball" or "pin amusement games" or similar machines or devices, including coin-operated pool tables and video games. Because these machines and devices may become a public nuisance by reason of the manner in which they are distributed or operated, it is hereby determined by the City of East Orange that control and regulation of such machines and devices is necessary for the protection and preservation of the public safety, morals and welfare.
As used in this chapter, the following terms shall have the meanings indicated:
- AMUSEMENT ARCADE
- A commercial establishment, the exclusive purpose of which is public use of coin-operated amusement devices. The establishment must maintain no less than 20 coin-operated amusement devices for public use and provide 50 square feet per machine.
- COIN-OPERATED AMUSEMENT DEVICE
- Any amusement machine or device which is operated or put into operation, in whole or in part, by the insertion of a coin, token, disk, slug, plate, key or similar object or by the payment of any price. The term does not include coin-operated musical devices hereinafter defined, bona fide vending machines in which gaming or amusement features are not incorporated, any gambling device or slot machine. Nothing herein shall be construed to permit the use of any device prohibited by law or the use of any device in any manner prohibited by law.
- Any person who sells, leases or rents out or places under any kind of arrangement one or more coin-operated amusement devices as defined herein.
- The Licensing Subdivision within the Division of Tax Collection and Revenue, which serves as the issuing officer for licensing of coin-operated amusement devices.
- Any natural person, partnership, firm, association, corporation or any other business entity which owns or controls premises or a location within the City of East Orange in which a coin-operated amusement device is displayed for public patronage or is placed or kept for operation by the public.
- RECREATION CENTER
- A commercial establishment, the primary purpose of which is to provide recreational activities, such as indoor tennis and racquetball courts, bowling alleys, skating rinks, billiard parlors (having a minimum of 15 tables) or any other similar facility.
All coin-operated amusement devices (as defined in § 103-2) located within the City of East Orange are required to be licensed. Each machine or device shall have a separate license. No such machine or device shall be operated without such license. Each "distributor," as that term is used herein, is required to be licensed.
The annual fee for the licensing of coin-operated amusement devices and distributors of such devices shall be as provided in Chapter 170, Licenses and Fees, of the East Orange City Code. Licenses shall be renewed annually on or before June 1 of the calendar year. License fees for new applications (not renewals) shall be prorated in accordance with the provisions of § 170-18D. A proprietor may substitute one machine or device for a similar one without paying any additional licensing fee, provided that he first applies to the Division for permission to make the exchange and supplies all the information required for the original license.
Applications to the Division for licenses shall be by the proprietor of the premises where the machine is to be installed.
The word "person," as used in this section, shall mean any individual, firm, member of a firm, partnership, member of partnerships, corporation or any officer, director or stockholder of said corporation.
Completion of application; verification.
A separate application for each automatic amusement device that may be licensed hereunder shall be filed on a form to be furnished by the Division, which form shall include but not be limited to the following information:
The name of the applicant.
The post office address and telephone number of the applicant.
Address of the premises proposed for location of the machines or devices.
The name and address of every other person who has any interest in any of the coin-operated amusement machines and the nature of that interest, including owners and distributors.
Whether or not the person making the application or any other interested person has been convicted of a crime, disorderly persons offense or a violation of any City ordinance or state or federal statute.
Whether or not the applicant has had a coin-operated amusement machine operator's license or a license to sell alcoholic beverages at retail revoked or suspended.
Notification that all applicants must submit to fingerprinting and that corporate applicants must submit fingerprints of the corporate officers.
Information to be included or to accompany application.
Application to the Division for a license of a distributor shall be made by the distributor and shall provide the following information about each applicant and, in the case of partnerships, each partner and, in the case of corporations, each director, officer and stockholder holding in excess of 10% of stock. The information shall also be furnished for all partners, directors, officers or stockholders holding in excess of 10% of stock for the six months preceding the date of the application, as well as for the manager or authorized agent who shall be in charge of or conduct the business of the applicant within the City of East Orange.
The applicant shall be required to furnish fingerprints and photographs.
The application shall set forth the name and address of the registered agent of the applicant or the person upon whom service of process is authorized to be made.
The application shall further set forth whether or not any of the persons described in this section have ever been convicted of a crime or of a violation of a City ordinance or disorderly persons offense involving gambling.
The application shall contain a certification under oath by the applicant or its authorized representative that the information contained in the application and all attachments thereto is complete, accurate and truthful to the best of his knowledge and belief.
The license fee shall be payable upon the presentation of the application and shall be returned less the sum of $20 in the event that such license is not granted.
No license shall issue until all the information required on the application has been submitted by the applicant.
All applications shall be referred to the Chief of Police for investigation. The Chief of Police shall make a recommendation as to whether or not a license should issue based upon his investigation of the applicant's conduct as a law-abiding person and shall consider past operations, if any; convictions of crimes and convictions of disorderly persons offenses; or violations of City ordinances involving gambling or moral turpitude. He shall also consider any convictions pursuant to N.J.S.A. 2C:33-12, maintaining a nuisance, which involve the subject premises. If the Director shall disapprove a license based upon the recommendation of the Chief of Police, he shall furnish the applicant with written notice of the reasons for disapproval.
No license shall be issued to any person until all federal and state laws and City ordinances have been complied with.
No license shall be issued unless the prescribed license fee has been paid.
No license shall issue to any applicant where information furnished on the application is false.
The fee to be paid for the license required by this chapter shall be $500 per annum. The license shall be valid for the period of one year from the date of issuance unless sooner revoked or suspended.
Coin-operated amusement devices regulated by this chapter shall be allowed only in hotels, motels, amusement arcades, recreation centers and establishments having permanent liquor licenses for on-premises consumption. No device or machine may be placed in any permitted location which is within 200 feet in all directions of the property of a school attended by minors 16 years of age and under.
Coin-operated amusement devices shall only be operated during the usual business hours of the establishment where they are located. Amusement arcades, recreation centers and commercial establishments with coin-operated amusement devices shall not allow use of these devices prior to 3:00 p.m. on regular school days and after 10:00 p.m. on nights preceding regular school days or 12:00 midnight on any other night.
Minors 16 years of age and under shall not be permitted to operate coin-operated amusement devices during the hours of 8:00 a.m. to 3:00 p.m. on days regular school is in session, nor shall they operate any such devices or machines after any curfew imposed by the City of East Orange or the State of New Jersey. In establishments having liquor licenses for on-premises consumption, no persons under the legal drinking age as established by the State of New Jersey shall operate coin-operated amusement devices which are located within 50 feet from the area where alcoholic beverages are sold or dispensed.
No proprietor by himself, directly or indirectly, or by any servant, agent or employee, shall:
Offer to pay any reward, gift, prize or merchandise to any person using or operating a coin-operated amusement device or use or permit to be used any such machines or devices for the purpose of gambling.
Permit the premises to become a resort for disorderly persons of any type.
Permit intoxicated persons to loiter on or about the premises.
Permit the possession or use of alcoholic beverages on or about the premises except where a liquor license for on-premises consumption is held.
Permit the possession or use of any unlawful drug or narcotic, including marijuana, on or about the premises.
Permit loud, unruly or disorderly conduct on or about the premises.
Establishments having 20 or more licensed coin-operated amusement devices are required to provide a licensed security guard on the premises during hours of operation.
Any proprietor owning or operating a business with 20 or more licensed machines at the time of the effective date of this chapter shall not be subject to the square-footage requirements for an amusement arcade; however, no additional machines may be placed on the premises without complying with the requirements.
If any provisions of this chapter or the application of such provision to any person or circumstances is declared invalid, such invalidity shall not affect other provisions or application of this chapter which can be given effect, and to this end, the provisions of this chapter are declared to be severable.
This article, being necessary for the welfare of the City and its inhabitants, shall be liberally construed to effectuate the purpose thereof.