[HISTORY: Adopted by the Mayor and Council of the Borough
of Clayton 12-27-1973 by Ord. No.
73-5. Amendments noted where applicable.]
Under and subject to the terms, conditions and restrictions
of this chapter, the Raffles Licensing Law (L. 1954, c. 5), the Bingo
Licensing Law (L. 1954, c. 6), the Legalized Games of Chance Control
Law (L. 1954, c. 7) and the rules and regulations adopted and promulgated
or to be adopted and promulgated hereafter by the Legalized Games
of Chance Control Commission of the State of New Jersey, licenses
shall be issued in this municipality to bona fide organizations or
associations as described in said laws.
The governing body of this municipality shall make an investigation
of the qualifications of each applicant and the merits of each application
as directed in Section 4 of each of said licensing laws. In this municipality, the Chief of Police is and shall
be charged with the duty and responsibility of making the initial
investigation and reporting thereon in writing to said governing body.
No license, under either licensing law, shall be:
A. Issued for a period of more than one year.
B. Issued for the holding, operation and conduct of any games of chance
which may be licensed under the other of said licensing laws.
No application for the issuance of a license shall be refused
by the governing body until after a hearing is held on due notice
to the applicant, at which the applicant shall be entitled to be heard
upon the qualifications of the applicant and the merits of the application.
Each license shall be in such form as shall be prescribed in
the rules and regulations promulgated by the State Control Commission.
The governing body of this municipality shall have and exercise
control and supervision over all games of chance so licensed in accordance
with said licensing laws.
No person under the age of 18 years shall be permitted to participate
in any game or games of chance held, operated or conducted pursuant
to any license issued by this municipality.
The governing body may permit a game or games of chance to be
conducted on a Sunday, which permission shall be indicated upon the
license issued by the municipality.
It is not the purpose or intent of this chapter to include herein
all conditions, restrictions, regulations or rules relating to the
licensing and conduct of games of chance, since the same are and will
be fully covered by said Raffles Licensing Law, Bingo Licensing Law,
Legalized Games of Chance Control Law and the rules and regulations
of said State Control Commission, to all of which any applicant may
and should refer.
The Borough Clerk shall, on behalf of the municipality:
A. File with the Legalized Games of Chance Control Commission a certified
copy of this chapter within 10 days after the adoption.
B. On or before the first day of February in each year, or at any other
time or times which said Commission may determine, make report to
the Commission of the number of licenses issued in this municipality
under each of said licensing laws, and the names and addresses of
the licensees, the aggregate of the license fees collected, the names
and addresses of all persons convicted of violation of each of said
laws or of the rules and regulations adopted by the State Control
Commission, of all persons prosecuted for such violations and the
result of each such prosecution and the penalties imposed therein
during the preceding calendar year or the period the report is required.
[Amended 5-10-1979 by Ord. No. 79-4; 10-27-1983 by Ord. No. 83-15]
License fees for raffles shall be:
A. Five dollars for each day upon which a raffle is held with respect
to which all tickets or rights to participate are sold only to persons
present at the time of the drawing or allotment of prizes.
B. Five dollars for each $1,000 of the value of prizes awarded in each
raffle with respect to which tickets or rights to participate may
be sold in advance of the occasion or the drawing or allotment of
prizes.
[Amended 5-10-1979 by Ord. No. 79-4]
License fees for bingo shall be $10 for each occasion upon which
any game or games are to be conducted under such license.
All license fees shall become the property of the municipality.
No person, organization, club, company or squad shall conduct,
operate, run, participate in or attend any unlicensed raffle or bingo
game in this municipality.
No person, organization, club, company or squad shall violate
any of the terms or provisions of any one or more of the following:
A. Bingo Licensing Law, L. 1954, c. 6.
B. Raffles Licensing Law, L. 1954, c. 5.
C. Legalized Games of Chance Control Law, L. 1954, c. 7.
A conviction hereunder shall also be proper grounds, in the
discretion of the licensing body, to suspend or revoke the license
if any has been issued and is outstanding.
Any person, organization, club, company or squad convicted of
a violation of any of the provisions of this chapter shall suffer
a penalty of:
A. If a person, not more than 90 days' imprisonment or a fine of
not more than $500, or both fine and imprisonment, at the discretion
of the judge before whom such conviction is had; or
B. If an organization, club, company or squad, a fine of not more than
$500, at the discretion of the judge before whom the conviction is
had.