Bill Text: NJ S2127 | 2010-2011 | Regular Session | Introduced
Bill Title: Revises statutes regulating bingo, raffles and amusement games.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-06-24 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S2127 Detail]
Download: New_Jersey-2010-S2127-Introduced.html
Sponsored by:
Senator JIM WHELAN
District 2 (Atlantic)
SYNOPSIS
Revises statutes regulating bingo, raffles and amusement games.
CURRENT VERSION OF TEXT
As introduced.
An Act revising the statutes regulating bingo, raffles and amusement games, supplementing Title 5 of the Revised Statutes and repealing various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act, P.L. , c. (C. ) (pending before the Legislature as this bill):
"Amusement game" means a game of chance:
(1) played for entertainment;
(2) in which the player participates actively;
(3) the outcome of which is not controlled by the operator; and
(4) operated so that the sale of the right to play, the event determining win or loss, and the award of the prize, all occur as a continuous sequence at the time and place where the players are present.
"Bingo" means the game of chance defined in the New Jersey Constitution, Article IV, Section VII, paragraph 2.
"Commission" means the Legalized Games of Chance Control Commission, established pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
"Draw raffle" means a game of chance in which the winners are determined by a drawing.
"Game of chance" means a game in which:
(1) players pay to participate;
(2) winners are determined by chance, skill or combination of the two; and
(3) prizes are awarded to winners.
"Licensing laws" means the Bingo Licensing Law, Raffles Licensing Law and Amusement Games Licensing Law.
"Non-draw raffle" means a game of chance other than a draw raffle that is approved by the commission under the Raffles Licensing Law.
"Organization" means any group registered with the commission pursuant to section 12 of this act, P.L. , c. (C. ) (pending before the Legislature as this bill), eligible to apply for a license to operate games of chance under the Bingo Licensing Law or under the Raffles Licensing Law.
"Raffle" means a game of chance conducted by the drawing for prizes or by the allotment of prizes by chance.
2. a. There shall be a Legalized Games of Chance Control Commission in the Department of Law and Public Safety.
b. The commission shall consist of five citizens of the State who do not hold public office, appointed by the Governor with the advice and consent of the Senate. Not more than three of the appointees shall be a member of the same political party.
c. Members of the commission shall be appointed for terms of five years. Members may serve on the commission beyond their appointed terms until their successors are appointed and qualify.
d. The Governor shall fill any vacancies which arise for unexpired terms.
e. The members of the commission shall serve without compensation but shall be reimbursed for their expenses.
f. The commission shall choose a chairperson and a secretary. The secretary need not be a member of the commission.
3. a. The commission may incur expenses and may employ an executive director and other necessary staff.
b. Investigators employed by the commission need not be subject to Title 11A of the New Jersey Statutes.
4. a. There is hereby established in the Department of the Treasury a Legalized Games of Chance Control Commission Fund. Except as otherwise provided by law, all fees, penalties or fines collected by the Legalized Games of Chance Control Commission pursuant to the Bingo Licensing Law, Raffles Licensing Law and Amusement Games Licensing Law shall be deposited into the fund. The State Treasurer shall administer the fund.
b. All interest on the money in the fund shall be credited to the fund.
c. Moneys in the fund shall be appropriated exclusively for the operating expenses of the commission.
5. a. The commission shall study the operation and administration of the licensing laws to discover defects, abuses and evasions, and to recommend improvements, and shall study similar laws of other states.
b. The commission shall report annually its recommendations to the Governor, the President of the Senate and the Speaker of the General Assembly. The commission may make interim reports immediately if it discovers matters requiring immediate changes in the laws.
6. a. The commission shall adopt regulations governing (1) registration, licensing and advertising under the Bingo Licensing Law and the Raffles Licensing Law, and certification and licensing under the Amusement Games Licensing Law, and (2) the operation of games under the licenses.
b. The commission shall make copies of each regulation it adopts available to municipalities operating under this act before the regulation becomes effective.
c. The commission shall prescribe forms necessary for the uniform administration of the licensing laws.
d. The commission shall establish fees for registrations, licenses, and other services at a level that will generate revenue necessary to defray expenses of the commission and of staff administering the Bingo Licensing Law, the Raffles Licensing Law and the Amusement Games Licensing Law. The commission shall transmit one half of the fee for a bingo game, raffle or amusement game license to the municipality that accepted the application for the license to defray the cost of accepting the application and supervising the operation of the licensed activity.
7. A person who is licensed or otherwise authorized by this act to conduct a game of chance, or to allow its conduct on premises the person owns, shall not be liable to prosecution or conviction for violation of N.J.S.2C:37-1 or 2C:37-3. This immunity shall not extend to any game of chance under a license or authorization obtained by fraud.
8. a. The commission shall administer the Bingo Licensing Law, the Raffles Licensing Law and the Amusement Games Licensing Law. The municipality in which the licensed activity is conducted shall supervise the conduct of bingo, raffles and amusement games.
b. The commission shall have access to criminal records as necessary to effectuate the purposes of this act.
9. a. Agents of the municipality and of the commission shall have the right of entry into, and inspection of, premises where bingo games, raffles or amusement games are being conducted. Agents of the municipality and of the commission, with a judicially issued warrant, shall have the right of entry into, and inspection of, premises where equipment for the games' operation is kept for use.
b. If, during inspection, agents observe a violation of this act or a regulation of the commission, the agents may suspend operation of games on the premises until the violation is corrected. A person aggrieved by a suspension may appeal the suspension to the commission on a form and within a period of time prescribed by the commission by regulation.
c. (1) The commission, after notice and hearing, may suspend or revoke a license for violation of this act, commission regulations or provision of the license.
(2) The commission also, after giving a licensee opportunity to be heard, may:
(a) issue a letter of reprimand regarding any conduct which in the commission's judgment does not warrant formal action;
(b) assess and enforce civil penalties;
(c) order any person who violated a law, regulation or provision of the license to refrain from future violations or to make necessary corrections to the operation of games of chance;
(d) order any person who violated a law, regulation or provision of the license to restore to any person money or property wrongly taken; or
(e) order a person, as a condition for a continued, reinstated or renewed license, to secure medical or other professional treatment necessary for proper discharge of licensee functions.
(3) The commission, in addition to any other proceeding, may bring an action in Superior Court for an injunction to prohibit violation of this act or regulation of the commission. The court shall not suspend or revoke a license or registration issued by the commission.
10. a. The commission shall investigate the operation and administration of this act and complaints concerning violations.
b. A majority of commission members may hold investigations and hearings in or out of the State, and by subpoena may compel attendance of witnesses and production of documents relating to games of chance under the licensing laws.
c. If a person disobeys a subpoena commanding attendance in an investigation or hearing, or refuses to answer a question or to exhibit documentary evidence when ordered, the commission may apply to the Superior Court for an order directing the person to comply with the subpoena or order. If the court determines that the person illegally refused to comply with a subpoena or an order of the commission, it may order the person to comply and may punish failure to obey the court order as a contempt of the court.
11. a. A person shall not be excused from testifying or producing any document in any investigation or hearing on the ground that the required testimony or documentary evidence may tend to incriminate or subject the person to penalty.
b. A person shall not be prosecuted, punished or subjected to penalty or forfeiture for testimony or documentary evidence produced under oath, except for perjury.
c. A witness shall be privileged from arrest in civil action during necessary attendance before the commission, at any place required by subpoena, and while traveling to and from such places.
12. a. An organization that desires to apply for a license to conduct a bingo game or raffle shall first apply for registration with the commission.
b. The following kinds of organizations are qualified to register:
(1) associations of bona fide veterans of the United States Armed Forces;
(2) charitable, religious or fraternal organizations, civic and service clubs, and senior citizen associations or clubs;
(3) educational associations including nonprofit corporations organized for the sole purpose of making loans to students from a single New Jersey school district to defray the costs of post-secondary education; and
(4) volunteer fire companies and first aid or rescue squads.
c. If the commission determines that the organization is qualified and is in compliance with applicable regulations, the commission shall register the organization and assign it an identification number.
13. a. Equipment used in conducting a bingo game or raffle shall be:
(1) owned, or used free of charge, by the licensee; or
(2) leased by the licensee for an amount which does not exceed the amount established by regulation of the commission and is specified in a statement annexed to the application for the license to operate a bingo game or raffle, and is leased from a person approved by the commission as a lessor of equipment.
b. The commission shall approve a person to be a lessor of equipment only if the commission finds the person to be of good moral character and the person has not been convicted of a crime. If the person seeking approval as a lessor of equipment is a corporation, the commission shall grant approval only if the commission finds all of its officers and each of its stockholders holding 10% or more of its issued and outstanding stock to be of good moral character and the officers and stockholders have not been convicted of a crime.
c. The commission may consider violation of this act or regulations promulgated thereunder evidence of lack of good moral character.
14. a. A licensed organization which conducts a bingo game, raffle or amusement game shall file quarterly with the commission a verified statement showing:
(1) the gross receipts derived from each game of chance operated including receipts connected with participation in the game;
(2) each item of expense incurred or paid;
(3) each item of expenditure made or to be made;
(4) the name and address of each person to whom each item has been or is to be paid, with a detailed description of the merchandise purchased or services rendered;
(5) the net profit derived from each game of chance and the use to which the net profit has been or is to be applied; and
(6) a list of prizes offered or given with their respective values.
b. Each licensee shall maintain records necessary to substantiate the report.
15. a. The commission shall have the power to examine the records of any licensee relating to transactions connected with the conduct of an amusement game, bingo game or raffle, and to question any manager, officer, director, agent, member or employee regarding a licensed amusement game, bingo game or raffle.
b. A municipality in which the Amusement Games Licensing Law, Bingo Licensing Law or the Raffles Licensing Law is in effect shall have the power to examine the records of any licensee relating to transactions connected with the conduct of an amusement game, bingo game or raffle in that municipality, and to question any manager, officer, director, agent, member or employee regarding a licensed amusement game, bingo game or raffle conducted in that municipality.
c. Information received pursuant to this section shall be disclosed only as necessary to enforce this act or regulations promulgated thereunder.
16. a. A person who violates the Bingo Licensing Law, the Raffles Licensing Law, the Amusement Games Licensing Law, or a regulation promulgated thereunder may be liable to a civil penalty not exceeding $7,500 for the first offense and not exceeding $15,000 for each subsequent offense. Each violation shall constitute a separate offense, but a subsequent offense shall be deemed to exist only if an administrative or court order has been entered in a prior proceeding.
b. Civil penalties may be enforced by the Attorney General pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
c. Subsection a. of this section shall not apply to an organization that is registered with the commission pursuant to section 12 of this act, P.L. , c. (C. )(pending before the Legislature as this bill) and holds a valid identification number.
17. a. The commission may institute prosecutions for violations of the Bingo Licensing Law, the Raffles Licensing Law, and the Amusement Games Licensing Law.
b. A person who makes false statements in any application or report to the commission or who violates any provision of this act or regulation promulgated thereunder or provision of a license provided thereunder may be prosecuted as a disorderly person.
c. A person convicted of being a disorderly person pursuant to this section, in addition to other imposed penalties, shall forfeit any license issued and registration made under this act and shall be ineligible to apply for a license or register under this act for one year after forfeiture.
18. Prior to initiating administrative action or bringing charges against an organization registered pursuant to section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill) and qualified to conduct a bingo game or raffle for a violation which relates to the conduct of a bingo game or raffle, the commission shall issue an oral or written warning and offer the organization the opportunity to cease the conduct which constitutes the violation.
19. Sections 20 through 28 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be known as the "Bingo Licensing Law."
20. a. The Bingo Licensing Law shall remain inoperative in a municipality until approved by the voters of the municipality.
b. Within 10 days after a municipality adopts the Bingo Licensing Law, it shall file a copy of the ordinance adopting the law with the commission.
c. If a petition signed by legally qualified voters in a municipality in a number equal to or greater than 15% of the votes cast at the preceding general election in the municipality, requesting that the question of adopting the Bingo Licensing Law be submitted to the voters, is filed with the municipal clerk, the question shall be submitted to the voters of the municipality at the next general election occurring at least 45 days after the filing date.
d. At any election where the question of adoption of sections 21 through 28 of this act, P.L. , c. (C. ) (pending before the Legislature as this bill), is submitted, the question upon the official ballots shall read: "Shall the 'Bingo Licensing Law' be adopted within this municipality?"
e. In any municipality where a majority of votes is cast against adopting the Bingo Licensing Law, if a required petition is filed, the question shall not be submitted again until the general election in the third calendar year after the vote on adoption.
21. a. In any municipality in which the Bingo Licensing Law has become operative, if a petition signed by legally qualified voters in the municipality in a number equal to or greater than 15% of the votes cast at the preceding general election in the municipality, requesting that the question of rescinding the Bingo Licensing Law be submitted to the voters, is filed with the municipal clerk, the question shall be submitted to the voters of the municipality at the next general election occurring at least 45 days after the filing date.
b. At any election where the question of rescinding the Bingo Licensing Law is submitted to the voters, the question upon the official ballots shall read: "Shall the 'Bingo Licensing Law' within the municipality be rescinded?"
c. If the majority of votes cast are in favor of the rescission of the Bingo Licensing Law, it shall be rescinded and shall cease to be operative within the municipality.
d. No petition for submission of the question of adoption of the Bingo Licensing Law shall be submitted to the municipality's voters earlier than the general election in the third calendar year after the vote on rescission.
22. a. The commission shall administer the Bingo Licensing Law. The municipality in which the licensed activity is conducted shall supervise the conduct of bingo games.
b. The commission may license an organization registered pursuant to section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill) to conduct bingo games in a municipality that has adopted the Bingo Licensing Law.
c. An applicant for a license to conduct a bingo game shall file a written application with the municipality. The municipality shall forward the application with its recommendation to the commission.
(1) If the municipality recommends acceptance of the application, the commission shall issue a license upon determining that the applicant is qualified, has paid the license fees set by regulations, and is not in violation of this act and the regulations of the commission.
(2) If the municipality objects to the application, the commission after notice to the applicant and the municipality, shall hold a hearing and shall issue a license upon determining that the applicant is qualified, has paid the license fees and is not in violation of this act and the regulations of the commission.
d. A license shall be effective for not more than one year and shall be displayed conspicuously on site during the entire period the bingo game is conducted.
e. A license may be amended, upon application to the commission, if the proposed amendment lawfully could have been included in the original license, and upon payment of any additional license fee and notice to the municipality.
f. The commission shall, pursuant to regulations promulgated by it, authorize the use in conducting bingo games of electronic devices that are the functional equivalent of the cards, numbered objects, and receptacle described in subparagraph A of the New Jersey Constitution, Article IV, Section 7, paragraph 2, to the extent that the use of such electronic devices is not inconsistent with this constitutional provision or any other provision of this act, P.L. , c. (C. ) (pending before the Legislature as this bill). Any such electronic device shall comply with specifications prescribed by the commission and shall be approved by the commission prior to use. Such devices shall not include any device into which currency, coins or tokens may be inserted or from which currency, coins or tokens, or any receipt for monetary value, can be dispensed or which, once provided to a person participating in bingo, is capable of communicating with other such devices. Nothing contained in this section shall be construed as allowing electronic devices used by a qualified organization in conducting bingo to be linked to electronic devices used by any other qualified organization in conducting bingo.
23. a. The entire net proceeds of a bingo game shall go to educational, charitable, patriotic, religious or public-spirited uses and, in the case of senior citizen groups, to their support.
b. Net proceeds of a bingo game may go to capital improvements to a facility owned by the licensed organization, provided that:
(1) the facility is devoted full-time to educational, charitable, patriotic, religious or public-spirited uses; or
(2) a portion of the facility is devoted full-time to educational, charitable, patriotic, religious or public-spirited uses, in which case the net proceeds may be used for capital improvements to that portion of the facility so devoted; or
(3) all or a portion of the facility is devoted part-time to educational, charitable, patriotic, religious or public-spirited uses, in which case a percentage of the net proceeds may be used for capital improvements to the facility or to that portion of a facility so devoted. The percentage shall be equal to the percentage that represents the number of days of the preceding calendar year during which the facility or portion thereof was devoted to an educational, charitable, patriotic, religious or public-spirited use.
c. In determining the amount of net proceeds a licensed organization may use for capital improvements pursuant to subsection b. of this section, a reasonable amount of facility space used full-time for administrative or operational activities of the licensed organization, as determined by the commission by regulation, shall be considered devoted to an educational, charitable, patriotic, religious or public-spirited use provided the space is located in a facility at least half of which was devoted for at least 70 days in the previous calendar year to an educational, charitable, patriotic, religious or public-spirited use.
d. The commission shall by regulation determine how many hours of educational, charitable, patriotic, religious or public-spirited use in a day in a facility or portion thereof is sufficient to claim that for that day a facility or portion thereof was devoted to an educational, charitable, patriotic, religious or public-spirited use.
24. Bingo games licensed under this act shall not be conducted:
a. with persons under the age of 18 years as players, unless only non-money prizes are awarded; and
b. at any place where alcoholic beverages are sold or served to players during the games.
25. a. A winner shall be determined on the same calendar day in which the game is played, and all prizes shall be awarded within seven days of the calendar day in which the game is played.
b. The commission may regulate the amounts or value of prizes that may be awarded.
26. a. No person shall conduct a licensed bingo game except:
(1) an active member of the licensed organization;
(2) a member of a group which is an auxiliary to the licensed organization; or
(3) a person compensated by the licensed organization, who is approved by the commission for that purpose.
b. A licensed organization may compensate a person for bookkeeping or accounting services as provided by regulation of the commission.
c. A person lawfully may conduct a bingo game for two or more affiliated licensed organizations of which the person is an active member. The commission by regulation shall determine affiliation.
d. Expenses shall be paid only when incurred in reasonable amounts for items and services necessary for conducting a bingo game.
e. Rent for premises used in connection with conducting bingo games shall not be paid in excess of the amount authorized by the commission by regulation or the amount specified in the written statement annexed to the application for a license to conduct a bingo game.
f. A licensee may pay reasonable compensation to a person approved by the commission for services rendered in connection with the conduct of a bingo game, and such person shall receive approval prior to rendering compensable services. An active member of the licensed organization shall oversee the rendering of services. The commission shall establish by regulation the qualifications for approval, including that the applicant is of good moral character and has not been convicted of a crime, the duties which may be performed and the compensation which may be paid. Notwithstanding the foregoing, a licensed organization shall not compensate an active member, or an active member of an auxiliary or affiliated organization for services rendered in connection with the conduct of a bingo game.
27. a. Premises used for a licensed bingo game shall be:
(1) owned by the licensed organization conducting the bingo game;
(2) owned by another organization licensed to conduct a bingo game; or
(3) rented by the licensee from an approved rentor licensed by the commission.
b. A person seeking a license as an approved rentor shall file an application in a form specified by the commission.
c. A license as an approved rentor shall be not be granted:
(1) if the person whose signature or name appears in the application is not the real party in interest or if the person signing or named in the application is an undisclosed agent or trustee for the real party in interest; and
(2) unless the commission determines that the applicant, and if the applicant is not the owner, the owner of the premises, and if the applicant or owner is a corporation, all of its officers and each of its stockholders holding 10% or more of its issued and outstanding stock, are of good moral character and have not been convicted of a crime.
d. The commission may consider a violation of this act and any regulation promulgated hereunder as evidence of lack of good moral character.
e. When the commission is satisfied that the required person qualifies, the commission shall issue a license to the applicant as an approved rentor for the premises specified in the application, upon payment of the license fee. The licensed rentor shall pay a fee, established by the commission by regulation, for each occasion bingo games are conducted on the licensed premises. The license shall be valid until revoked, suspended or modified by the commission.
f. The commission may issue a temporary permit to a license applicant pending final action on the application. A temporary permit shall be valid for a maximum of 180 days.
28. The commission shall produce and make available to a qualified organization, upon request, a pamphlet which describes in plain language the rights, duties and responsibilities of organizations conducting bingo games and the manner in which bingo games are to be conducted.
29. Sections 30 through 40 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be known as the "Raffles Licensing Law."
30. a. The Raffles Licensing law shall remain inoperative in a municipality until approved by the voters of the municipality.
b. Within 10 days after a municipality adopts the Raffles Licensing Law, it shall file a copy of the ordinance adopting the law with the commission.
c. If a petition signed by legally qualified voters in a municipality in a number equal to or greater than 15% of the votes cast at the preceding general election in the municipality, requesting that the question of adopting the Raffles Licensing Law be submitted to the voters, is filed with the municipal clerk, the question shall be submitted to the voters of the municipality at the next general election occurring at least 45 days after the filing date.
d. At any election where the question of adoption of sections 31 through 40 of this act, P.L. , c. (C. ) (pending before the Legislature as this bill) shall be submitted, the question upon the official ballots shall read: "Shall the 'Raffles Licensing Law' be adopted within this municipality?"
e. In any municipality where a majority of votes is cast against adopting the Raffles Licensing Law, if a required petition is filed, the question shall not be submitted again until the general election in the third calendar year after the vote on adoption.
31. a. In any municipality in which the Raffles Licensing Law has become operative, if a petition signed by legally qualified voters in a municipality in a number equal to or greater than 15% of the votes cast at the preceding general election in the municipality, requesting that the question of rescinding the Raffles Licensing Law be submitted to the voters, is filed with the municipal clerk, the question shall be submitted to the voters of the municipality at the next general election occurring at least 45 days after the filing date.
b. At any election where the question of rescinding the Raffles Licensing Law is submitted to the voters, the question upon the official ballots shall read: "Shall the 'Raffles Licensing Law' within the municipality be rescinded?"
c. If the majority of votes are cast in favor of the rescission of the Raffles Licensing Law, it shall be rescinded and shall cease to be operative within the municipality.
d. No petition for submission of the question of adoption of the Raffles Licensing Law shall be submitted to the municipality's voters earlier than the general election in the third calendar year after the vote on rescission.
32. a. The commission shall administer the Raffles Licensing Law. The municipality in which the licensed activity is conducted shall supervise the conduct of raffles.
b. The commission may license an organization registered pursuant to section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill) to conduct raffles in a municipality that has adopted the Raffles Licensing Law.
c. An applicant for a license to conduct a raffle shall file a written application with the municipality. The municipality shall forward the application with its recommendation to the commission.
(1) If the municipality recommends acceptance of the application, the commission shall issue a license upon determining that the applicant is qualified, has paid the license fees set by regulations and is not in violation of this act and the regulations of the commission.
(2) If the municipality objects to the application, the commission after notice to the applicant and the municipality, shall hold a hearing and shall issue a license upon determining that the applicant is qualified, has paid the license fees, and is not in violation of this act and the regulations of the commission.
d. A license shall be effective for no more than one year and shall be displayed conspicuously on site during the entire period the raffle is conducted.
e. A license may be amended, upon application to the commission, if the proposed amendment lawfully could have been included in the original license, and upon payment of any additional license fee and notice to the municipality.
33. a. The entire net proceeds of a raffle shall go to educational, charitable, patriotic, religious or public-spirited uses and, in the case of senior citizen groups, to their support.
b. Net proceeds of a raffle may go to capital improvements to a facility owned by the licensed organization, provided that:
(1) the facility is devoted full-time to educational, charitable, patriotic, religious or public-spirited uses; or
(2) a portion of the facility is devoted full-time to educational, charitable, patriotic, religious or public-spirited uses, in which case the net proceeds may be used for capital improvements to that portion of the facility so devoted; or
(3) all or a portion of the facility is devoted part-time to educational, charitable, patriotic, religious or public-spirited uses, in which case a percentage of the net proceeds may be used for capital improvements to the facility or to that portion of a facility so devoted. The percentage shall be equal to the percentage that represents the number of days of the preceding calendar year during which the facility or portion thereof was devoted to an educational, charitable, patriotic, religious or public-spirited use.
c. In determining the amount of net proceeds a licensed organization may use for capital improvements pursuant to subsection b. of this section, a reasonable amount of facility space used full-time for administrative or operational activities of the licensed organization, as determined by the commission by regulation, shall be considered devoted to an educational, charitable, patriotic, religious or public-spirited use provided the space is located in a facility at least half of which was devoted for at least 70 days in the previous calendar year to an educational, charitable, patriotic, religious or public-spirited use.
d. The commission shall by regulation determine how many hours of educational, charitable, patriotic, religious or public-spirited use in a day in a facility or portion thereof is sufficient to claim that for that day a facility or portion thereof was devoted to an educational, charitable, patriotic, religious or public-spirited use.
34. a. The commission shall determine by regulation the kinds of raffles that may be conducted under this act, including but not limited to events known as "armchair races," "casino nights," or "hole-in-one contests".
b. The commission shall promulgate regulations to establish the frequency with which raffles may be held, the rules of the games, the types and values of prizes which may be offered and other requirements which the commission may deem pertinent.
c. The commission shall promulgate regulations allowing organizations licensed to conduct a raffle to:
(1) offer as a raffle prize any lawful personal or professional service, merchandise, food or gift certificate that the commission determines to be an appropriate raffle prize, the value of which shall be within the limits set by the commission
(2) offer a discount to any person purchasing two or more tickets, for a draw raffle; and
(3) use a big six wheel, a big eight wheel or other wheel to determine the winner of a non-draw raffle.
d. A license shall not be required for a registered organization operating a raffle for a door prize of donated merchandise valued under $400 when no extra charge is imposed, the proceeds are devoted to the uses approved in section 33 of P.L. , c. (C. ) (pending before the Legislature as this bill) and information regarding the raffle is included in the organization's quarterly report to the commission filed pursuant to section 14 of P.L. , c. (C. ) (pending before the Legislature as this bill).
e. A license shall not be issued under this act for operating any game of chance which may be licensed under the Bingo Licensing Law, except when a bingo game is conducted as part of a casino night.
35. a. A prize shall not be given in cash except as authorized by the commission by regulation.
b. The retail value of a prize awarded by a raffle conducted by a licensee under this act shall not exceed the amount allowed by the commission by regulation.
c. The aggregate retail value of all prizes awarded by raffles conducted by a licensee under this act in any year shall not exceed the amount allowed by the commission by regulation.
36. A raffle licensed under this act shall not be conducted:
a. with persons under the age of 18 years as players, unless only non-money prizes are awarded; and
b. at any place where alcoholic beverages are sold or served to players during the conduct of the raffle.
37. a. No person shall conduct a licensed raffle except:
(1) an active member of the licensed organization;
(2) a member of a group which is an auxiliary to the licensed organization; or
(3) a person compensated by the licensed organization, who is approved by the commission for that purpose.
b. A licensed organization may compensate a person for bookkeeping or accounting services as provided by regulation of the commission.
c. A person lawfully may conduct a raffle for two or more affiliated licensed organizations of which the person is an active member. The commission by regulation shall determine affiliation.
d. Expenses shall be paid only when incurred in reasonable amounts for items and services necessary for conducting the raffle.
e. A licensee may pay reasonable compensation to a person approved by the commission for services rendered in connection with the conduct of a raffle and such person shall receive approval prior to rendering compensable services. An active member of the licensed organization shall oversee the rendering of services. The commission shall establish by regulation the qualifications for approval, including that the applicant is of good moral character and has not been convicted of a crime, the duties which may be performed and the compensation which may be paid. Notwithstanding the foregoing, a licensed organization shall not compensate an active member, or an active member of an auxiliary or affiliated organization for services rendered in connection with the conduct of a raffle.
38. Rent shall not be paid for the use of any premises for conducting a raffle unless the amount of the rental to be charged conforms to the amount authorized by the commission by regulation and is written in the statement annexed to the application for a license to conduct a raffle, and the rentor shall be of good moral character and shall not have been convicted of a crime, as determined by the commission. If the rentor is a corporation, all of its officers and each of its stockholders holding 10% or more of its issued and outstanding stock, shall be of good moral character and shall not have been convicted of a crime.
39. The commission shall produce and make available to a qualified organization, upon request, a pamphlet which describes in plain language the rights, duties and responsibilities of organizations conducting raffles and the manner in which raffles are to be conducted.
40. a. A registered organization may conduct an on-premises draw raffle without a license but shall include information about such raffle in its required quarterly reports pursuant to section 14 of this act, P.L. , c. (C. ) (pending before the Legislature as this bill). For the purpose of this section, an on-premises draw raffle is a raffle conducted by a drawing in which all tickets are sold only to persons present at the place of drawing with the winner determined and the prize awarded during the same day of the drawing.
b. An organization registered by the commission to conduct raffles may conduct an on-premises draw raffle on unlimited occasions provided that the value of the prize awarded for each does not exceed $400, and the raffle is conducted in a municipality in which the Raffles Licensing Law is operative.
41. Sections 42 through 51 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be known as the "Amusement Games Licensing Law."
42. a. The Amusement Games Licensing Law shall remain inoperative in a municipality until approved by the voters of the municipality.
b. Within 10 days after a municipality adopts the Amusement Games Licensing Law, it shall file a copy of the ordinance adopting the law with the commission.
c. If a petition signed by legally qualified voters in a municipality in a number equal to or greater than 15% of the votes cast at the preceding general election in the municipality, requesting that the question of adopting the Amusement Games Licensing Law be submitted to the voters, is filed with the municipal clerk, the question shall be submitted to the voters of the municipality at the next general election occurring at least 45 days after the filing date.
d. At any election where the question of adoption of this act shall be submitted, the question upon the official ballots shall read: "Shall the 'Amusement Games Licensing Law' be adopted in this municipality?"
e. In any municipality where a majority of votes is cast against adopting the Amusement Games Licensing Law, if a required petition is filed, the question shall not be submitted again until the third general election after the election at which the law was rejected is held.
43. a. In any municipality in which the Amusement Games Licensing Law has been become operative, if a petition signed by legally qualified voters in a municipality in a number equal to or greater than 15% of the votes cast at the preceding general election in the municipality, requesting that the question of rescinding the Amusement Games Licensing Law be submitted to the voters, is filed with the municipal clerk, the question shall be submitted to the voters of the municipality at the next general election occurring at least 45 days after the filing date.
b. At any election where the question of rescinding the Amusement Games Licensing Law is submitted to the voters, the question upon the official ballots shall read: "Shall the 'Amusement Games Licensing Law' within the municipality be rescinded?"
c. If the majority of votes cast are in favor of the rescission of the Amusement Games Licensing Law, it shall be rescinded and the law shall cease to be operative within the municipality.
d. No petition for submission of the question of adoption of the Amusement Games Licensing Law shall be submitted to the municipality's voters earlier than the general election in the third calendar year after the vote on rescission.
44. Licensed amusement games may be conducted only in the following locations:
a. an amusement park;
b. a seashore resort or other resort;
c. an agricultural fair or exhibition held by an association organized for the purpose of holding agricultural fairs or exhibitions; or
d. a fair or carnival, operated by an organization registered with the commission pursuant to section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill), approved by the municipality and having a duration of 10 days or less.
45. a. An amusement game shall be certified by the commission before a license to conduct the game may issue. A certification shall be effective for all licenses issued for the specific kind of game named in the certification.
b. The commission shall provide by regulation a list of the amusement games that have been certified and describe each game. The commission may limit the number or kind of prizes that may be awarded for each game.
c. A person may apply to the commission for certification of a game not already certified. Application shall be made on the form and with the fee prescribed by the commission.
d. An amusement game shall not be certified if it:
(1) is deceptive or unfair to participants; or
(2) unfairly competes with games of chance operated under the Bingo Licensing Law or the Raffles Licensing Law.
e. The commission shall not certify as an amusement game:
(1) pool selling, the keeping of a gambling resort, or betting on horse racing; or
(2) betting on the outcome of any athletic game or contest in which the player does not actively participate.
46. a. An applicant for a license to conduct an amusement game shall not be approved unless the applicant, and the officers, directors and stockholders of any corporation holding 10% or more of the capital stock of a corporate applicant, or the partners or members of a partnership or association applicant, are of good moral character and have not been convicted of a crime, or, if convicted of a crime, the disqualification has been removed by the commission. An applicant may apply for removal of such disqualification upon the expiration of a period of five years from the date of conviction or release from confinement, whichever is longer. The commission shall remove the disqualification if the commission finds that the applicant has conducted himself or herself in a law abiding manner and that the licensure of the applicant will not be contrary to the public interest.
b. The commission shall not issue a license for the conduct of an amusement game on premises licensed under an alcoholic beverage license.
47. a. The commission shall administer the Amusement Games Licensing Law. The municipality in which the licensed activity is conducted shall supervise the conduct of amusement games.
b. An applicant for a license to conduct an amusement game shall file a written application with the municipality. The municipality shall forward the application with its recommendation to the commission.
(1) If the municipality recommends acceptance of the application, the commission shall issue a license upon determining that the applicant is qualified, has paid the license fees set by regulations and is not in violation of this act and the regulations of the commission.
(2) If the municipality objects to the application, the commission, after notice to the applicant and the municipality, shall hold a hearing and issue a license upon determining that the applicant is qualified, has paid the license fees and is not in violation of this act and the regulations of the commission.
c. A license shall be effective for not more than one year and shall be displayed conspicuously on site during the entire period the amusement game is conducted.
d. A license may be amended, upon application to the commission if the proposed amendment lawfully could have been included in the original license, and upon payment of any additional license fee and notice to the municipality.
48. A license shall specify:
a. the name and address of the licensee;
b. the place at which the games are to be conducted;
c. the particular games that will be conducted;
d. the days and hours of permitted conduct; and
e. the term of the license.
49. No game shall be conducted at a time prohibited by municipal ordinance.
50. a. All amusement game prizes shall be merchandise.
b. All prizes shall be awarded at the conclusion of the game.
c. The commission shall promulgate regulations limiting the value of a merchandise prize that may be given in a game, and may promulgate regulations limiting the amount which a licensee may charge for playing a game. The limit of the value of a merchandise prize that may be awarded in a bingo or raffle game conducted under an amusement game license shall be $15.00.
51. In addition to the quarterly reports required to be filed under section 14 of this act, P.L. , c. (C. ) (pending before the Legislature as this bill), the commission may require licensees to submit periodical reports and may specify their form, contents and filing times.
52. Sections 1 through 27 of P.L.1954, c.5;
Sections 1 through 26 of P.L.1954, c.6;
Sections 1 through 23 of P.L.1954, c.7;
Section 15 of P.L.1955, c.160;
Section 17 of P.L.1955, c.161;
Sections 1 through 10 of P.L.1957, c.57;
Sections 1 through 22 of P.L.1959, c.108;
Sections 1 through 14, 16 through 21 of P.L.1959, c.109;
Sections 1 and 2 of P.L.1959, c.113;
Sections 1 through 10 of P.L.1961, c.103;
Section 1 of P.L.1972, c.96;
Sections 1 and 2 of P.L.1973, c.324;
Section 1 of P.L.1979, c.77;
Sections 6 and 7 of P.L.1985, c.299
Sections 3, 6, 7, 14 and 15 of P.L.1994, c.63;
Section 3 of P.L.1996, c.36;
Section 1 of P.L.1996, c.159;
Sections 1, 3 through 6 of P.L.1997, c.386;
Sections 1 and 2 of P.L.2002, c.115; and
Section 2 of P.L.2003, c.61 are repealed.
53. a. Notwithstanding section 20 of this act, P.L. , c. (C. ) (pending before the Legislature as this bill), to the contrary, the "Bingo Licensing Law," sections 19 through 28 of P.L. , c. (C. ) (pending before the Legislature as this bill), shall be in effect in a municipality in which the "Bingo Licensing Law," P.L.1954, c.6 (C.5:8-24 et seq.) is in effect on the effective date of this act.
b. Notwithstanding section 30 of this act, P.L. , c. (C. ) (pending before the Legislature as this bill) to the contrary, the "Raffles Licensing Law," sections 29 through 40 of P.L. , c. (C. ) (pending before the Legislature as this bill), shall be in effect in a municipality in which the "Raffles Licensing Law," P.L.1954, c.5 (C.5:8-50 et seq.) is in effect on the effective date of this act.
c. Notwithstanding section 42 of this act, the "Amusement Games Licensing Law," sections 41 through 51 of P.L. , c. (C. ) (pending before the Legislature as this bill), shall be in effect in a municipality in which the "Amusement Games Licensing Law," P.L.1959, c.109 (C.5:8-100 et seq.) is in effect on the effective date of this act.
d. The membership of the commission and expiration date of the terms of each member as of the effective date of this act shall be continued.
54. This act shall take effect on first day of thirteenth month following enactment, except that the Legalized Games of Chance Control Commission shall take such anticipatory action, including the promulgation of regulations as may be necessary to ensure full implementation on the effective date of this act.
STATEMENT
This bill revises the laws regulating the conduct of bingo, raffles and amusement games, in a manner substantially similar to the recommendations of the New Jersey Law Revision Commission, in its September 26, 2002 report.
The statutes regarding bingo, raffles and amusement games were enacted in the 1950's, at a time when legalized gambling in this State was limited to horse racing. Perhaps owing to apprehension about legalized gambling, the bingo, raffles and amusement games statutes contain a level of detail that is more appropriate for administrative regulations. This inappropriate level of detail coupled with numerous piecemeal amendments over the years have rendered the bingo, raffles and amusement games statutes virtually inaccessible to all but the most diligent readers. This bill simplifies the current law, and conforms the law with current practice in certain instances. For example, current law limits amusement games to certain shore and resort localities, and to agricultural fairs and exhibitions. However, these games are also found throughout the State at fairs and festivals. This bill allows such games at fairs of ten days' duration or less.
The bill incorporates a provision in current law that requires the commission, pursuant to regulations promulgated by it, to authorize the use of electronic devices for conducting bingo games in a manner consistent with the bill and the bingo-related provision of the State Constitution. Under the bill, the electronic devices must be the functional equivalent of the bingo game cards, numbered objects, and receptacle described in subparagraph A of the New Jersey Constitution, Article IV, Section 7, paragraph 2; must comply with specifications prescribed by the commission and be approved by the commission prior to use; and must not include any device into which currency, coins or tokens may be inserted or from which currency, coins or tokens, or any receipt for monetary value, can be dispensed or which, once provided to a person participating in bingo, is capable of communicating with other such devices.
