[HISTORY: Adopted by the Mayor and Township Council of the Township of Toms River 7-14-2009 by Ord. No. 4214-09. Amendments noted where applicable.]
Games of chance in carnivals, circuses and traveling shows — See Ch. 238.
Editor's Note: This ordinance repealed former Ch. 321, Games of Chance, adopted 11-27-1973 by Ord. No. 1378 as Ch. 51 of the 1973 Code, as amended.
Subject to the terms, conditions and restrictions of this chapter, the Raffles Licensing Law, (N.J.S.A. 5:8-50), the Bingo Licensing Law (N.J.S.A. 5:8-24), the Legalized Games of Chance Control Law (N.J.S.A. 5:8-1 et seq.), 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 to bona fide organizations or associations as determined by these laws.
Pursuant to N.J.S.A. 5:8-58, where the annual celebration of Founders Day is held on a Sunday, raffles and games of chance which are scheduled in connection with Founders Day may be held on Sunday.
The Township Clerk shall make an investigation of the qualifications of each applicant and the merits of each application in accordance with applicable licensing laws. The Township Clerk is designated as the person having authority to approve the issuance of raffle and bingo licenses. All other licenses to be issued under this chapter shall be approved by the Township Council.
No license shall be:
No application for the issuance of a license shall be refused until after a hearing is held upon due notice to the applicant. At the hearing, the applicant shall be entitled to present information concerning the qualifications of the applicant and the merits of the application. The hearing shall be held before the Township Attorney or an Assistant Township Attorney.
Each license shall be in the form prescribed by the State Control Commission.
The Township Clerk issuing any license under this chapter and applicable licensing laws shall have and exercise control and supervision over all licensed games of chance.
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 the Township.
No licensed game or games of chance shall be held, operated or conducted on more than six days in any calendar month, or in any room or outdoor area where alcoholic beverages are sold or served during the progress of the game or games.
All licenses issued under this chapter shall be subject to applicable conditions, restrictions, regulations, and rules of the Raffles Licensing Law, Bingo Licensing Law, Legalized Games of Chance Control Law, and the State Control Commission.
The Township Clerk shall:
File with the Legalized Games of Chance Control Commission a certified copy of this chapter within 10 days after its adoption.
On or before the first day of February in each year, or at any other time or times which the Commission may determine, report to the Commission the number of licenses issued by the Township; the names and addresses of all persons who have violated this chapter; the names and addresses of all persons prosecuted for such violations; and the result of each such prosecution, including the penalties imposed therein, during the preceding calendar year or the period the report is required.
[Amended 2-21-2017 by Ord. No. 4531-17]
License fees for raffles shall be:
Twenty dollars per day for a raffle where tickets or rights to participate require a person to be present at the time of the drawing or allotment of prizes; and
Twenty dollars for each $1,000 of the value of prizes awarded in a raffle where tickets or rights to participate are allowed to be sold in advance of the time of the drawing or allotment of prizes; and
Casino Night: $100 per night.
[Amended 2-21-2017 by Ord. No. 4531-17]
The license fee for bingo shall be $20 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 at any unlicensed raffle or bingo games in the Township.
No person, organization, club, company or squad shall violate any of the terms or provisions of:
Any person, organization, club, company or squad convicted of a violation of any of the provisions of this chapter shall be subject to the following penalties:
Suspension and revocation of the license issued by the Township pursuant to this chapter in accordance with N.J.S.A. 5:8-30; and
Any additional penalties, including civil monetary penalties, that may be imposed by the Legalized Games of Chance Control Commission pursuant to N.J.S.A. 5:8-30a through e, and N.J.S.A. 5:8-30.2.
A conviction for violating this chapter hereunder shall be grounds, in the discretion of the Township Clerk, to suspend or revoke a license issued under this chapter.
[Added 10-14-2014 by Ord. No. 4458-14]
Amusement area defined. It is hereby determined, declared and found that this municipality constitutes a seashore resort with parts thereof customarily constituting an amusement or entertainment area according to the customary understanding of said terms in the community, and which said parts thereof are more particularly described as follows:
[Amended 6-13-2017 by Ord. No. 4548-17]
License required. It shall be unlawful for any person, firm or corporation to own or operate within this municipality any amusement game or games, as said terms are defined by said Amusement Games Licensing Law (Chapter 109, P.L. 1959), whether said game or games are of skill or chance, or both, and whether said game or games be played and operated with or without numbers or figures, without first having obtained a license to do so. Said license shall be issued pursuant to and subject to the provisions of the Amusement Games Licensing Law (Chapter 109, P.L. 1959).
Editor's Note: See N.J.S.A. 5:8-100 et seq.
Application for license.
Each applicant for a license shall file with the Township Clerk a written application in such form as prescribed by and in accordance with the Amusement Games Licensing Law, as amended and supplemented, and the rules and regulations promulgated by the Amusement Games Control Commissioner of the State of New Jersey.
The background and qualifications of each applicant shall be investigated following the filing of the application. A license shall only be issued if the applicant satisfies the criteria set forth in N.J.S.A. 5:8-103.
License term. Licenses issued pursuant to this section shall be valid for one year from January 1 through December 31 and must be renewed annually.
License fee. The annual fee for an amusement game license shall be $650.
Loud noises; amplifiers. No loud sounds or noise shall emanate from buildings where the aforesaid games are conducted, and all amplifiers must face inside the building so that the sound will not be heard outside of the building.
Identification card; fee. Each applicant and applicant employee shall be fingerprinted, registered and issued identification cards under the rules and regulations promulgated by the Amusement Games Control Commissioner for each licensee and employee of said licensee. Any fees associated with the fingerprinting, registration, and issuance of identification cards are the responsibility of the applicant.
Control and supervision. The Mayor and Council of the Township of Toms River shall have and exercise control and supervision over all amusement games held, operated or conducted under such license, with all the powers authorized or granted to them under the Amusement Games Licensing Law, any and all amendments and supplements thereto, and the rules and regulations of the State Amusement Games Control Commissioner.
Editor's Note: See N.J.S.A. 5:8-100 et seq.
Suspension/revocation. Licenses are subject to suspension or revocation, or both, for violations of any of the provisions of this chapter, the Amusement Games Licensing Law, the rules and regulations promulgated by the State Amusement Games Control Commissioner, or the terms of licenses issued pursuant to this chapter.
Hearing. Pursuant to N.J.S.A. 5:8-104 and 5:8-106, no licensee shall be denied without a hearing being held before the Township Council, or its designee, on due notice to the applicant or licensee.
Violations and penalties. Any person or entity violating this section, or the terms and conditions of any license issued pursuant hereto, shall be subject to the maximum fines and penalties established under N.J.S.A. 40:49-5 and 40:69A-29, and any subsequent amendments to those statutes. Each and every day a violation of this section persists shall constitute a separate violation.
Editor's Note: This ordinance also retitled this chapter from "Games of Chance" to "Games of Chance and Amusement Games."