Mannie's Cigarette Service, Inc. v. Town of West New York

The opinion of the court was delivered by

KESTIN, J.A.D.

In 1965, an ordinance was enacted in the Town of West New York regulating and licensing coin operated amusement or game devices. On June 20, 1990 the ordinance was amended to 1) increase the annual license fee from $75 to $500 per device*, 2) change the limit on the number of devices per location from three to two, and 3) eliminate a “grandfather’s clause”, i.e., the prospective application of a 2,500 sq. ft. per device requirement.

Plaintiffs, who distribute covered devices, challenged the validity of the ordinance as amended on various…