AMUSEMENTS AND DEVICES CHAPTER 68 ARTICLE I PLACES OF AMUSEMENT ARTICLE II COIN-OPERATED AMUSEMENT MACHINES AND DEVICES

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1 AMUSEMENTS AND DEVICES CHAPTER 68 ARTICLE I PLACES OF AMUSEMENT License Required Application for License Approval and Issuance of License Term of License Record of Licenses Possession and Exhibition of License License Fees Revocation of License ARTICLE II COIN-OPERATED AMUSEMENT MACHINES AND DEVICES Definitions Purpose Gambling Devices Prohibited License Required Application for License Investigation of Premises and Applicants Issuance of License; Conditions License Fee; Term of License Location and Limitation of Machines Use by Minors in Alcoholic Beverage Establishments Violations and Penalties GENERAL REFERENCES Alcoholic Beverage Establishments See Ch LICENSE REQUIRED: ARTICLE I PLACES OF AMUSEMENT It shall be unlawful for any person to carry on, conduct or maintain the business of a pool-room, dance hall, theater, show house, circus, street fair, carnival or other place of amusement within the Borough without first obtaining a license from the Borough Council for such purpose as provided in this Article APPLICATION FOR LICENSE: Anyone desiring a license under this Article, shall make application, in

2 LINCOLN PARK CODE writing, directed to the Borough Council, stating full name, residence, post office address and the purpose for which the license is desired, which application may, in the discretion of the Borough Council, be granted and a license issued. Such application shall be accompanied by the license fee required in this Article APPROVAL AND ISSUANCE OF LICENSE: No license or temporary permit under this Article shall be issued by the Clerk of the Borough until the same shall have been granted or authorized at a meeting of the Borough Council TERM OF LICENSE: All licenses issued under this Article shall expire on the 31st of December in each year RECORD OF LICENSES: The Borough Clerk shall keep a record of all licenses issued by him, showing the date of each license, the name and address of the applicant and the amount of the license fee paid POSSESSION AND EXHIBITION OF LICENSE: Every person receiving a license under this Article shall have the license in his possession at the licensed premises at all time and exhibit it whenever called upon to do so LICENSE FEE: The Governing Body shall annually Adopt, by Resolution, fees and charges for licenses for places of amusement REVOCATION OF LICENSE: Any license issued under the Article may, in the discretion of the Borough Council, be revoked for violation of the provisions of this Code or other Borough Ordinances enacted to preserve the public peace and good order or for other purposes of the licensee's conviction for such violation AMUSEMENTS AND DEVICES

3 ARTICLE II COIN-OPERATED AMUSEMENT MACHINES AND DEVICES DEFINITIONS: As used in this Article and in connection with all proceedings arising out of the provisions hereof, the following terms shall be deemed to have the meanings set forth herein: COIN-OPERATED AMUSEMENT MACHINE OR DEVICE: Any coinoperated machine or device which, whether mechanical, electrical or electronic, shall be ready for play by the insertion of a coin and may be operated by the public for use as a game, entertainment or amusement, the object of which is to achieve either a high or low score, which, by comparison to the score of the players, whether playing concurrently or not, demonstrates relative skill or competence or indicating in any other way competitive advantage of one (1) player or team over another, regardless of skill competence. It shall include devices such as marble machines, skill ball, pinball, mechanical grab machines, the machines or contrivances commonly known as "Bagatelle", baseball, hockey, football, pool table, target shooting, shuffleboard or shuffle alley, bowling or any similar-named device or any device which utilizes an electron (television) tube to reproduce symbolic figures and lines intended to be representative of real games or activities, but specifically excluded shall be any device, whether operated by coin or not, which merely provides a ride, sensation, electronic reading or weight for use by and to the amusement of the public. DISTRIBUTOR: Any person who supplies any automatic amusement device to another for use in his premises, whether under lease or any similar arrangement. OPERATOR: Any person in whose premises any automatic amusement machine and/or device is placed or kept for operation. In the case of "operators" other than individuals, the individual who signs the application shall be deemed responsible for compliance with the provisions of this Article. PERSON: Any person, firm, corporation, partnership or association PURPOSE: The purpose of this Article is to impose a license fee upon operators of coin-operated amusement machines and devices and to provide for the control and regulation thereof GAMBLING DEVICES PROHIBITED: Nothing in this Article shall be construed to authorize, license or permit any gambling device or any mechanism that has been judicially determined to be LINCOLN PARK CODE

4 a gambling device or any coin-operated amusement device that dispenses payoff, prize or reward LICENSE REQUIRED: No operator shall display, place, maintain or keep for operation any amusement machine on or within any public or quasi-public place or in any building, store or other place wherein the public is invited or wherein the public may enter within the Borough of Lincoln Park without having first obtained for each such machine a license issued by the Borough Clerk as provided in this Article APPLICATION FOR LICENSE: An amusement machine application, sworn to by the operator, shall be filed, in duplicate, with the Borough Clerk upon such forms supplied and approved by the Borough Council, containing the following information: A. The name and address of the operator. If the operator is an individual, his age, date and place of birth. If the operator is a firm, partnership or association, the names, addresses, ages and places of birth of all members of such firm, partnership or association. If the operator is a corporation, the name and address of the registered agent and the names, addresses, ages and places of birth of all the stockholders of said corporation. B. Prior criminal conviction of the operator, if any. The term "operator", as used in this subsection, shall mean and include all persons whose names, addresses, ages and places of birth must be furnished under 68-13A. C. The place where the machine or device is to be displayed and the business conducted at that place. D. A description of the machine to be covered by the license, the mechanical features, the name of the manufacturer, the serial number and the name and address of the owner of the machine. E. The make and model of each machine or device to be operated by the operator and the name of the person or firm from whom it was purchased. F. A floor plan reflecting the total square footage of available floor space in the location where the machines are to be maintained. Said floor plan shall also reflect the location of each machine, with the aisle and exit corridors clearly shown. G. The number of machines to be maintained at each location and the dimensions of each machine AMUSEMENTS AND DEVICES

5 INVESTIGATION OF PREMISES AND APPLICANTS: The Chief of Police or his designee shall make an investigation of the premises and the applicant to determine the truth of the facts set forth in the application. The Construction and Fire Protection Sub-Code Official shall also inspect the premises to determine whether they comply with existing regulations. Upon completion of their investigations, they shall attach to the subsequent application their written reports ISSUANCE OF LICENSE; CONDITIONS: A. Upon receipt of the application and inspection reports, the Council shall proceed to consider the same and shall either approve or disapprove the issuance of the license. If the application is approved, the Borough Clerk shall issue a license for each amusement machine in the name of the person who shall be responsible and the premises where the same is to be operated, used or maintained. B. The license shall be affixed to a conspicuous part of the machine licensed so that the machine described in said license may be easily and quickly identified. C. The license issued hereunder shall not be in substitution of or eliminate the necessity for securing all other required approvals, licenses or Certificates of Occupancy or compliance as may be appropriate under the zoning, planning, building, fire prevention or other Ordinances or codes of the Borough or any applicable statutes or regulations of the State of New Jersey which may appertain to the premises, use, structures, employment or any other aspect of the applicant's activities LICENSE FEE; TERM OF LICENSE: A. Fees, Initial & Renewal. The Governing Body shall annually Adopt, by Resolution, fees and charges for licenses for coin-operated amusement machines and devices. B. Term. All licenses shall be valid for a period of up to one (1) year, commencing September 1 st and expiring August 31 st LOCATION AND LIMITATION OF MACHINES: A. Each machine shall be located at least ten (10') feet from the entrance way to the premises in which located and shall be placed LINCOLN PARK CODE so as not to obstruct or interfere with the passage to and from the premises of patrons or users of the premises.

6 B. Each machine shall have an un-obstructed perimeter zone or distance of three (3') feet around the side of the three (3) linear borders of each machine so as to allow patrons and others to observe or otherwise wait to use such machine. (1) In a primary use, the perimeter zone shall not be common to any other machine; it being the intent of this Section that for purposes of preventing over-crowding and assuring safe passage of the general public, each machine shall have a separate perimeter zone. (2) In an accessory use, the perimeter zone may be common. C. Every machine licensed hereunder shall at all times be in clear view in the public portion wherein such machines are to be operated, used or maintained. D. The maximum number of machines per establishment for accessory use shall be two (2). Application for more than two (2) machines shall be deemed to be a principal use of the premises and shall comply with all applicable provisions of the Zoning Ordinance USE BY MINORS IN ALCOHOLIC BEVERAGE ESTABLISHMENTS: It shall be unlawful for any licensee or his agents, servants or employees to knowingly permit, suffer or allow a person under the legal age for purchasing alcoholic beverages to play or operate any of the amusement machines licensed under this Article located upon any premises licensed for the sale of alcoholic beverages. No person under the legal age for purchasing alcoholic beverages shall use or operate any amusement machine described in this Article when said machine is placed upon premises licensed for the sale of alcoholic beverages VIOLATIONS AND PENALTIES: Any person who violates any provision of this Article, upon conviction thereof, shall be subject to the fines and penalties set forth in Article III, Section 1-15 of the Code (General Penalty), in the discretion of the Judge imposing the same. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues