§ 8-7. MECHANICAL AND ELECTRONIC AMUSEMENT DEVICES.

8-7.1 Purpose. The purpose of this section is to promote and protect the public health, safety, morals and general welfare and is passed in the furtherance of the specific objective to properly establish, regulate and control mechanical or electronic amusement devices within the Borough and to protect the established character and the social and economic well being of public and private property.

(Ord. #1442, § 7-7.1)

8-7.2 Definitions. As used in this section:

Mechanical or electronic amusement devices means any machine which may be operated by the public for entertainment or amusement whether or not the machine is coin-operated and whether or not it registers scores or tallies. Examples of such mechanical or electronic amusement devices for the purpose of this section are pinball machines, bowling machines, mechanical grab machines, skee-ball machines, pokerino machines, video type computer machines and similar devices. This enumeration is intended to be typical and shall not be construed as exclusive. Juke boxes shall not be considered a mechanical device for the purpose of this subsection.

Mechanical or electronic amusement game room means any operator and/or owner of a business which has a primary purpose of operating mechanical or electronic amusement devices to the general public with other accessory uses. Any owner and/or operator whose place of business has more than ten (10) mechanical or electronic amusement devices shall be considered a mechanical or electronic amusement game room and shall be required to comply with those subsections of this section that so apply.

Operator means any person in whose place of business any mechanical or electronic amusement device is placed or kept for operation by members of the public.

(Ord. #1442, § 7-7.2; Ord. #1447, § 7-7.2; Ord. #230-92, § 1)

8-7.3 License Required. No person or party shall operate a mechanical or electronic amusement device within the Borough without having first obtained a license and paid the required license fee as set forth herein.

(Ord. #1442, § 7-7.3; Ord. #230-92, § 1)

8-7.4 Applications for Licenses. Applications for operators' licenses shall supply the information required on the forms available at the office of the Borough Clerk. Applicants which are corporations shall supply the information required for all officers and directors and for all stockholders of the corporation who own more than ten (10%) percent of its issued and outstanding capital stock. Corporations shall also supply the name and address of their registered agent. Applicants for licenses under this subsection shall be required to supply a description of the machine or devices sought to be licensed.

In the event that the application shall be for a location which shall be considered a mechanical or electronic amusement game room, the application shall be referred to the Mayor and Council for the purpose of conducting a public hearing. The public hearing shall be scheduled within thirty (30) days from the date of the receipt of the application by the Borough Clerk.

(Ord. #1442, § 7-7.4; Ord. #230-92, § 1)

8-7.5 License Fee. The following fees shall be established for a Mechanical and Electronic Amusement Device License issued in the Borough:

a. Annual device license (1st unit)	$100.00
b. Annual device license (additional unit)	$30.00
c. Annual game room license	$300.00
d. Annual license (after 7/1)	$25.00 surcharge

 

(Ord. #1442, § 7-7.4; Ord. #1447, § 2; Ord. #174-91, § 1; Ord. #230-91, § 1; Ord. #523-97, § 1; Ord. #578-98, § 1F)

8-7.6 Transferability. A license may be transferred from one (1) machine to another by giving notice to the Clerk to that effect and giving a description of the new machine. A license may be transferred from one place to another by giving notice to the Clerk to that effect and supplying the required information as to the new premises. In the event that a mechanical or electronic amusement machine is removed and not replaced for a period of three (3) days, the operator or distributor shall be required to obtain a new license and pay the said fee for the machine. The annual fee shall only be prorated during the annual period from February 1 to the following January 31 only if so approved by resolution by the Mayor and Council.

(Ord. #1442, § 7-7.6)

8-7.7 Prohibited Within Certain Distance of Certain Establishments. No mechanical or electronic amusement device or mechanical or electronic amusement game room shall be located in any premises within five hundred (500′) feet of a church or other religious institution or a public or private school. The distance shall be measured from the nearest entrance of the church or school to the nearest entrance to the premises on which the mechanical or electronic amusement device is located or is sought to be located along the route that a pedestrian would normally walk. Mechanical or electronic amusement devices are permitted in non-residential zones with the exception that no more than two (2) such devices shall be permitted in existing businesses located in a residential zone provided said devices are ancillary to the main business use.

A business which specifically excludes persons under the age of twenty-one (21) is exempt from the prohibitions of this section provided that the owner or operator of said business may be required to establish to the Zoning Officer of the Borough of Sayreville that said business excludes persons under the age of twenty-one (21).

(Ord. #1442, § 7-7.7; Ord. #110-90; § 1; Ord. #147-90, § 1)

8-7.8 Review by the Zoning Officer. A copy of the application shall be referred immediately to the Zoning Officer of the Borough. The Zoning Officer shall determine if the proposed location of the machine or device shall be in compliance with either Chapter XXVIII, Zoning or in compliance with the provisions of subsection 8-7.7 above. In the event that the application is for a mechanical or electronic amusement game room, the applicant shall be required to make an application before the Zoning Board of Adjustment for a use variance and further for site approval before the appropriate board as defined under the Land Use Laws of the State of New Jersey and the ordinances of the Borough of Sayreville. The applicant for a mechanical or electronic amusement game room shall have the option to proceed first for a license to operate the mechanical or electronic amusement game room before the Mayor and Council.

(Ord. #1442, § 7-7.8; Ord. 110-90, § 2)

8-7.9 Public Hearings by the Mayor and Council. Applications for an owner's license shall be in accordance with the general provisions of Chapter VIII. With regard to an application for a mechanical or electronic amusement game room, a public hearing shall be required before an application is granted for the business as well as for the mechanical or electronic amusement devices on the location. The public hearing shall be set down in accordance with the rules passed by the Mayor and Council and a decision shall be rendered within thirty (30) days from the closing of the public hearing unless extended by the Mayor and Council. The Mayor and Council shall have the right to place any reasonable conditions it deems appropriate with regard to the license for mechanical or electronic amusement game rooms. The Mayor and Council shall also have the right to include as a condition the right to revoke the license after due notice has been given to the applicant. The application for a mechanical or electronic amusement game room shall also include the general regulations which shall apply to all mechanical or electronic amusement devices as hereinafter set forth.

(Ord. #1442, § 7-7.9; Ord. 230-92, § 1)

8-7.10 Regulations. The following general regulations shall apply to all mechanical or electronic amusement devices.

a.

The premises shall be so arranged so as to permit a clear view of each mechanical or electronic amusement device from the exterior at all times.

b.

No operator shall knowingly permit any person convicted of a crime, including involving moral turpitude to be associated with him in the ownership or management of the business or to be in his employ or to loiter on the premises.

c.

No operator shall offer or permit to be offered any prizes or awards whether in cash or otherwise, as an inducement to use mechanical or electronic amusement devices except for trophies, plaques or other items of a similar nature of nominal value, or as set forth in the applicable New Jersey State Statutes.

d.

No operator shall permit any minor under the age of sixteen (16) years of age, unaccompanied by a guardian or parent to remain on the premises after 9:00 p.m.

e.

No person under the age of seventeen (17) years shall be permitted to pay and operate any machine or device licensed pursuant to this subchapter between the hours of 8:00 a.m. and 3:00 p.m. during the regular school days of the Sayreville Public School Year unless such person is accompanied by his parent or guardian or other supervised adult over the age of twenty-one (21) years. Any licensee governed by this subsection, or his agents, servants or employees, who shall permit a person under the age of seventeen (17) years to operate any machine or device during the prohibited hours shall be deemed to be guilty of a violation of this section and shall be subject to a penalty as established in Chapter I, Section 1-5. However, nothing herein shall prohibit or make it unlawful for a person attending a private or parochial school or non Borough public school from playing or operating the machine or devices on his or her nonschool days upon presenting satisfactory proof of the same to the licensee. In addition, every licensee under this section shall post on the licensed premises a notice setting forth the prohibition provided for as set forth above. Failure to post or maintain the posting of the notice shall be grounds for the revocation of the license granted or grounds for the refusal to renew or grant a license for the operation of any machines or devices as set forth in this ordinance and this shall apply to licensees who have received a mechanical or electronic amusement game room license.

f.

No operator shall permit any activity which is illegal or immoral or which creates an undue amount of noise or a danger of a breach of the peace to occur on the premises.

g.

No operator shall permit the operation of his premises between the hours of 12:00 midnight and 9:00 a.m.

h.

There shall be conspicuously displayed on the premises in capital letters six (6″) inches in height a notice stating the prohibited hours of operation and the rules with regard to minors as set forth above.

i.

Erection and installation of coin-operated or non-coin-operated mechanical or electronic amusement devices shall comply with all local, State and Federal fire and safety regulations, statutes and codes. In addition, for each one (1) square foot of floor space occupied, taken up or occupied by a machine, to be measured at its widest and deepest and longest points whether touching the surface of the floor or not, a minimum of three (3) square feet of open space in order to provide an established ratio between occupied space and space for the unobstructed flow of customers. If machines are located along an aisleway, the minimum width of aisles between the machines shall be thirteen (13′) feet.

j.

During the hours of operation, the premises must be supervised at all times by at least one (1) responsible adult individual who shall be an employee of the owner or operator of the premises and who shall be responsible for the supervision, maintenance and operation of the premises. At least one (1) such person shall be visibly present on the premises during all hours of operation.

(Ord. #1442, § 7-7.10)

8-7.11 Issuance of License. Each license shall be granted only after determination by the Mayor and Council that the issuance of a license will not be detrimental to the public health, safety, welfare and morals of the residents of the Borough. The Mayor and Council may, if it so desires, in its sole discretion, hold public hearings regarding the issuance of any license requested in accordance with the provisions of this Chapter. The Mayor and Council may consider such factors as the number of such devices or machines previously approved for the same premises; the degree to which the grant of the license may create a tendency toward crowding or loitering and such other factors as the Mayor and Council deems in accordance with the public interest in deciding whether to grant any license requested or whether to hold a hearing with regard to any application for such license.

(Ord. #1442, § 7-7.11)

8-7.12 Gambling Devices Not Authorized. Nothing in this section shall be construed to authorize any gambling device of any kind whatsoever, including any device that dispenses any kind of payoff or reward or any device that has been judicially determined to be a gambling device under the laws of the State of New Jersey. If the Chief of Police or his designee has reason to believe any mechanical or electronic amusement device is used as a gambling device, he shall have cause for the machine to be seized and impounded. If after a trial it is determined that the machine was in fact being used as a gambling device, it shall be destroyed and the license of the operator or distributor shall be revoked. Revocation of license and seizure of a machine are in addition to any other penalty which may be imposed for a violation of this section.

(Ord. #1442, § 7-7.12)

8-7.13 Penalty. Any person violating any of the provisions of this section shall, upon conviction for such violation, be subject to a penalty as established in Chapter I, Section 1-5.

(Ord. #1442, § 7-7.13)