NEW JERSEY REGISTER
VOLUME 40, ISSUE 2
ISSUE DATE: JANUARY 22, 2008
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
LEGALIZED GAMES OF CHANCE CONTROL COMMISSION
Readoption with Amendments: N.J.A.C. 13:47
Rules of Legalized Games of Chance
Proposed: August 20, 2007 at 39 N.J.R. 3483(a).
Adopted: December 12, 2007 by the Legalized Games of Chance Control Commission, Marilou Halvorsen, Chairperson.
Filed: December 21, 2007 as R.2008 d.25, without change.
Authority: N.J.S.A. 5:8-6, 5:8-21, 5:8-25, 5:8-34, 5:8-51 and 5:8-61.
Effective Date: December 21, 2007, Readoption;
January 22, 2008, Amendments.
Expiration Date: December 21, 2012.
Federal Standards Statement
A Federal standards analysis is not required because the rules readopted with amendments are governed by N.J.S.A. 5:8-6 and are not subject to any Federal requirements or standards.
Full text of the readopted rules can be found in the New Jersey Administrative Code at N.J.A.C. 13:47.
Full text of the adopted amendments follows:
SUBCHAPTER 1. DEFINITIONS
13:47-1.1 Words and phrases defined
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:
"Bingo board" means a paper sheet containing more than one bingo card.
"Draw raffle" means a raffle in which the winners are determined by drawing from a container having counterparts of all tickets sold.
"Form number" means a unique number used by the manufacturer of instant raffle tickets to identify the type of game, price to play and the prize structure.
"Ideal net receipts" means the ideal gross receipts minus the prizes awarded.
"Nominal" means that the value of individual prizes does not exceed $ 20.00 and the total value of prizes awarded at the occasion does not exceed $ 50.00.
"Permutation number" means a number assigned by a manufacturer to identify a pattern of numbers on a bingo card.
"Qualified organization" means a bona fide organization or association of veterans, religious congregation, religious organization, charitable organization, educational organization, fraternal organization, civic and service club, officially recognized volunteer fire company, officially recognized first aid squad, and officially recognized rescue squad, and senior citizens association or club, which:
1. Is organized as a non-profit or religious organization and is authorized by its certificate or articles of incorporation, bylaws or other written authority to support one of the authorized purposes;
2. Appoints the Executive Officer of the Control Commission as agent for the service of process; and
3. Is constituted of not fewer than five individuals.
"Raffle" means a specific kind of game of chance played by drawing for prizes or the allotment of prizes by chance, by the selling of shares or tickets or rights to participate in such game. Nothing contained in this chapter shall be deemed to authorize as a raffle the playing for money or other valuable thing at any game not specifically authorized by the Control Commission.
"Raffle equipment" means implements, devices and machines designed, intended or used for the conduct of raffles and the identification of the winning number or unit and the ticket or other evidence of rights to participate in raffles.
"Raffle occasion" means the day upon which the drawing or allotment of prizes(s) takes place.
"Registered organization" means a qualified organization, which has applied for, received and possesses a valid registration certificate bearing an identification number issued to it by the Legalized Games of Chance Control Commission. Only a registered organization is qualified to conduct legalized games of chance.
"Regular bingo game" means a game in which a player is entitled to participate without additional charge, upon payment of the charge for admission to the room or place where the game is played.
"Serial number" means a number having a minimum of five characters, printed by the manufacturer on each ticket, right or share to participate in an instant raffle game or on each card to participate in a bingo game.
"Something of value" means any money or property, any token, object or article exchangeable for money or property, or any form of credit or promise directly or indirectly contemplating transfer of money or property or of any interest, or involving extension of a service, entertainment or a privilege of playing at a game without charge.
"Special bingo game" means a game that is played in addition to a "regular" bingo game, for which a player must pay a charge in addition to the charge for admission to the room or place where the game is played. A "special" game must be played on a non-reusable card that is indelibly marked or an electronic card minding device.
SUBCHAPTER 2. REGISTRATION AND IDENTIFICATION
13:47-2.1 General provisions
(a) Every qualified organization desiring to apply for a license to conduct bingo or raffles or to allow its members to assist a licensed affiliated organization, as described in N.J.A.C. 13:47-6.4 shall, before making any such application or allowing any assistance, register with the Control Commission and secure an identification number.
(b) (No change.)
13:47-2.6 Assisting organization
Every organization, whose members assist a licensed organization in the holding, operating or conducting of bingo or raffles according to law and this chapter, shall register with the Control Commission and secure an identification number before such assistance is given.
13:47-2.7 Special door prize raffle
Qualified organizations desiring to conduct a special door prize raffle for which no license from the municipality is required shall, before conducting the same, register with the Control Commission and secure an identification number.
SUBCHAPTER 3. APPLICATIONS
License applications shall be filed in quadruplicate with the municipal clerk. One copy shall be retained by the municipal clerk, the second copy shall be returned to the applicant after a license has been granted or denied by the issuing authority. The third copy shall be forwarded to the Control Commission by the municipal clerk and the fourth copy shall be delivered to the law enforcement agency in the municipality.
13:47-3.5 Assignment of number
Upon receiving a license application by the municipality, the municipal clerk shall assign a number thereto and endorse it on all copies of the application. The number shall be composed of the prefix BA for bingo application or the prefix RA for a raffles application and a consecutive serial number. Thus, the number BA:110 will indicate that the application was filed for Bingo, and that it was the 110th application for a license to conduct games of chance.
13:47-3.6 Bingo and raffles; separate application and license; special senior citizen bingo license
(a) (No change.)
(b) An application and license to conduct bingo may include up to 72 occasions, provided the application does not include:
1.-3. (No change.)
(c) A separate application and license shall be used for each of the following types of raffles and shall, in each instance, specify the particular type of raffle as follows:
1.-7. (No change.)
8. Instant raffle game offering cash or merchandise as a prize;
9. A Golf Hole-in-One Contest offering a merchandise or cash prize;
10. Armchair races; and
11. Casino nights.
(d)-(f) (No change.)
13:47-3.8 Reinstatement of license
When a license has been suspended or revoked, and the suspension or revocation is set aside, or the license is reinstated, the original license shall not be reissued. In such case the applicant shall file a new application, which shall be given a new number, as shall the license issued, as though there had been no prior license, but the number shall be followed by the suffix "X." The licensee shall receive credit for any license fee paid that has not been refunded.
13:47-3.11 Notice to clerk
(a) Before conducting a special door prize raffle for which no license is required, the registered organization shall notify the clerk of the municipality in which the door prize will be awarded.
(b)-(d) (No change.)
13:47-4.5 Endorsement of license number
Upon the issuance of a license, the municipal clerk shall endorse a license number, which shall be the same as the application number, except that the prefix shall be BL for bingo licenses and RL for raffles licenses.
13:47-4.6 Copies of license
The municipal clerk shall prepare licenses in triplicate, retaining one copy, issuing the original to the licensee and forwarding the second copy to the law enforcement agency of the municipality.
13:47-4.9 Licensing fees payable to the Control Commission
(a) (No change.)
(b) The licensing fees payable to the Commission are:
1. (No change.)
2. On-premises draw raffle for cash prizes (50/50) in excess of $ 400.00 or merchandise prizes where the total combined retail value of prizes awarded is in excess of $ 400.00: $ 20.00 for each day on which a drawing(s) is to be conducted under the license;
3.-12. (No change.)
(c) (No change in text.)
13:47-6.3 Use of proceeds; capital improvements
(a) (No change.)
(b) A qualified organization shall not provide all or any portion of the net proceeds from a game of chance directly to an individual. A qualified organization may use net proceeds to pay expenses on the behalf of an individual for authorized purposes.
Recodify existing (b)-(d) as (c)-(e) (No change in text.)
SUBCHAPTER 6A. COMPENSATED WORKERS
13:47-6A.1 Application procedure
(a) A person who wants to be compensated for holding, operating or conducting, or assisting in the holding, operating or conducting games of chance for a registered organization shall submit to the Control Commission:
1. An application for a compensated worker license, which includes a statement indicating that the applicant is familiar with the rules governing the operation of games of chance found in N.J.A.C. 13:47;
2. The non-refundable application fee as set forth in N.J.A.C. 13:47-6A.7 by check or money order payable to the Control Commission;
3. A completed criminal history investigation form, provided by the Control Commission authorizing a criminal history record check by the Division of State Police-State Bureau of Investigation; and
4. The criminal history investigation fee as set by the Division of State Police in N.J.A.C. 13:59-1.3(b) by check or money order.
(b)-(c) (No change.)
13:47-8.13 Posting price to participate in non-draw raffles
Whenever an organization shall conduct a non-draw raffle it shall display adjacent to the wheel or the place of the allotment of prizes by chance, a sign indicating the price to play.