Bill Text: NJ A4321 | 2014-2015 | Regular Session | Introduced
Bill Title: Removes municipal referendum and site requirements for issuance of amusement gaming licenses.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2015-03-23 - Withdrawn from Consideration [A4321 Detail]
Download: New_Jersey-2014-A4321-Introduced.html
Sponsored by:
Assemblywoman MARIA RODRIGUEZ-GREGG
District 8 (Atlantic, Burlington and Camden)
SYNOPSIS
Removes municipal referendum and site requirements for issuance of amusement gaming licenses.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning amusement games, amending P.L.1959, c.109, repealing sections 17 through 21 of P.L.1959, c.109, and providing for the submission of this act to the legal voters of the State for their approval or rejection before the same shall become operative within this State.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1959, c.109 (C.5:8-101) is amended to read as follows:
2. It shall be lawful for the governing body of any municipality, at any time after this act shall become operative and except when prohibited by this act, to license the owner and operator of any amusement game or games, whether of skill or chance, or both and whether said game be played and operated with or without numbers or figures, to hold and operate such amusement game or games, which term is defined as a game or games played for amusement or entertainment, in which the person or player actively participates and the outcome of which is not in the control of the operator, and which is so conducted that the sale of a right to participate, the event which determines whether a player wins or loses and the award of the prize, all occur as a continuous sequence at the time when and place where the player or players are all present, [provided that the same are to be held and operated at a recognized amusement park or at a seashore or other resort in that part thereof customarily constituting an amusement or entertainment area according to the customary understanding of said terms in the community, and] provided that the same shall be held, operated and conducted pursuant to this act and such license and the license issued by the State Amusement Games Control Commissioner, as hereinafter provided, and under such conditions and regulations for the supervision and conduct thereof as shall be prescribed by rules and regulations duly adopted from time to time by the Amusement Games Control Commissioner, not inconsistent with the provisions of this act, and for any person or persons to participate in and play such amusement games conducted under such licenses.
(cf: P.L.1959, c.109, s.2)
2. Section 16 of P.L.1959, c.109 (C.5:8-115) is amended to read as follows:
16. Licenses issuable by a municipality under the provisions of this act may be issued [only where in such municipality a majority of the votes cast therein upon the question whether this act shall be approved upon the submission of the question to the voters of all the State shall have been cast in favor of the adoption of this act. If the majority of the votes cast upon the said question of the adoption of this act in any municipality is against such adoption, then no license may be issued under this act by such municipality unless authorized by the votes cast on the question, in the municipality, by a municipal referendum as hereinafter provided in this act. If, in the municipality, a majority of the votes cast therein upon the question of whether this act shall be adopted is in the affirmative, such action by the voters of the said municipality shall be deemed to be an approval of the authority to the municipality to grant licenses under this act and such approval shall continue unless this act shall become inoperative in the municipality upon a referendum to the voters of the municipality as provided in this act] upon adoption of an ordinance by the municipality's governing body authorizing the issuance of a license.
(cf: P.L.1959, c.109, s.16)
3. Sections 17 through 21 of P.L.1959, c.109 (C.5:8-116 through C.5:8-120) are repealed.
4. For the purpose of complying with Article IV, Section VII, paragraph 2 of the State Constitution, this act shall be submitted to the people for their approval or rejection at the next general election to be held 70 or more days following the date of its enactment.
5. This voter referendum shall be submitted to the people in the following manner and form:
There shall be printed on each official ballot to be used at the general election, the following:
a. In every municipality in which voting machines are not used, a legend which shall immediately precede the question as follows:
If you favor the proposition printed below make a cross (X), plus (+), or check (a) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check (a) in the square opposite the word "No."
b. In every municipality the following question:
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APPROVAL OF AMUSEMENT GAMING LICENSES BY ORDINANCE |
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YES |
Do you approve and allow to become effective P.L. , c. (pending before the Legislature as this bill), which removes the restrictions on the type of business that can hold an amusement gaming license? The bill would also allow a municipality to authorize a new amusement gaming license by ordinance rather than by referendum. |
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INTERPRETIVE STATEMENT |
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NO
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Under current law, an amusement gaming license can only be issued to amusement parks or resorts. A majority of voters are required to approve the issuance of the license. If adopted, this bill would allow a municipality to issue an amusement gaming license to a business without voter approval. The governing body would simply adopt an ordinance granting the license. The bill would also allow an amusement gaming license to be issued to a business that does not operate as an amusement park or resort. |
6. Sections 4 and 5 of this act shall take effect immediately, and the remainder of this act shall take effect on the first day of the fifth month next following voter approval of this act at the general election.
STATEMENT
This bill would permit municipalities to issue licenses for amusement gaming upon adoption of an ordinance by the municipality's governing body authorizing the issuance of a license. The bill also would permit municipalities to issue licenses for amusement gaming to businesses besides those held and operated at a recognized amusement park or at a seashore or other resort.
Under current law, municipalities
may issue amusement gaming licenses only after a majority of the voters in a
municipal referendum have approved the "Amusement Gaming Licensing Law"
or approved the issuance of a particular license. Currently, the "Amusement
Gaming Licensing Law" limits prospective licensees to those operating at a
recognized amusement park or at a seashore or other resort. This bill permits
municipalities to issue
licenses for amusement gaming upon adoption of an ordinance to a wider class of
businesses, and repeals sections of law rendered inoperable by this bill.
