[HISTORY: Adopted by the City Council of
the City of Vineland as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-14-2007 by Ord. No. 2007-64]
A.
Pursuant to N.J.A.C. 13:47-1.1, the City Council is
the issuing authority for licenses to perform certain games of chance
entitled raffle and bingo licenses;
B.
In as much as formal action of the City Council regularly
meets biweekly, and therefore requests for raffle and bingo licenses
which are typically time-sensitive may not be considered and granted
prior to the date set for the event;
C.
N.J.A.C. 13:47-1.1 authorizes City Council to designate
another individual as the issuing authority to approve and grant raffle
and bingo licenses; and
D.
City Council finds it in the best interest of the
City to allow an individual to issue said licenses, thereby avoiding
the necessity of special sessions of City Council to consider such
matters.
E.
Games of
chance may be conducted in the City of Vineland on the first day of
the week commonly known and designated as "Sunday," in accordance
with the provisions of N.J.S.A. 5:8-31 and N.J.S.A. 5:8-58, as may
be permitted by N.J.S.A. 5:8-24 et seq. and N.J.S.A. 5:8-50 et seq.,
provided that the applicant for the license to conduct such game otherwise
qualifies under the provisions of the aforementioned statutes of the
State of New Jersey and the rules and regulations of the Legalized
Games of Chance Control Commission and, specifically, provided that
the organization conducting the games is a charitable, religious or
other organization specifically qualifying under the provisions of
the aforementioned statutes.
[Added 1-11-2011 by Ord. No. 2010-66]
The Municipal Clerk is designated as the issuing
authority to approve and grant raffle and bingo licenses subject to
compliance with N.J.A.C. 13:47-1 et seq.
[Adopted 3-26-2024 by Ord. No. 2024-19]
A.
Pursuant to N.J.A.C. 13:3-1.13, no license shall be issued unless
and until the City Council shall have adopted a resolution specifically
stating that the premises to be licensed is a bowling alley whose
premises include: at least 16 United States Bowling Congress (USBC)
sanctioned bowling lanes; a redemption center that is open all times
that the bowling alley is open to the public and at which players
may exchange tickets they have won for prizes; and at least 40 permissible
amusement games authorized in accordance with N.J.A.C. 13:3-7.9, of
which no more than 50% are games that allow a player to attempt to
win merchandise by manipulating a mechanical claw or crane.
For all purposes of this article, the following terms have the
meanings herein below ascribed to them.
N.J.S.A. 5:8-78 through N.J.S.A. 5:8-130 and N.J.A.C. 13:3-1.1
through N.J.A.C. 13:3-6.6, including any amendments thereto duly enacted
subsequent to the effective date of this article.
For purposes of the consideration for an Amusement Games
License, a bowling alley shall be defined as a premises that includes:
at least 16 United States Bowling Congress (USBC) sanctioned bowling
lanes; a redemption center that is open all times that the bowling
alley is open to the public and at which players may exchange tickets
they have won for prizes; and at least 40 permissible amusement games
authorized in accordance with N.J.A.C. 13:3-7.9, of which no more
than 50% are games that allow a player to attempt to win merchandise
by manipulating a mechanical claw or crane.
A certification of permissibility granted by the Commissioner
pursuant to N.J.A.C. 13:3-7.1 et seq.
The Amusement Games Control Commissioner as that office is
created and empowered under N.J.S.A. 5:8-78 et seq. and Reorganization
Plan No. 004-1992, 24 N.J.R. 4462, November 30, 1992.
Any natural person and any legal person, the existence of
which is authorized by statute, including but not limited to any corporation,
limited liability company and limited or general partnership.
Any natural person exerting actual or beneficial control
over any person other than a natural person, even if that control
is shared with others. As to corporations, all of the following are
principals: 1) any person owning or otherwise controlling at least
5% of the authorized and issued voting stock of the corporation; 2)
any director elected by the shareholders; and 3) any officer elected
by the directors. The principals of a limited liability company are
all of its members and managers. The principals of a general partnership
are all of its general partners. The principals of a limited partnership
are the general partner and all limited partners. Where a person consists
of a complex of statutory entities such as subsidiaries, the principals
of the ultimate parent and all subsidiary, subordinate or affiliated
entities are principals within the meaning of this article.
A game certified as permissible by the Commissioner, pursuant to the Amusement Games Licensing Law, which is played for amusement or entertainment, which is a game in which the person or player actively participates, in which the outcome is not in the control of the operator or owner of the game and which is so conducted that when and where all of the players are present there occurs, in continuous sequence, the sale of a right to participate, the event which determines whether a player wins or loses and the award of a merchandise prize or nontransferable tokens or tickets which may be accumulated and which are immediately redeemable for a merchandise prize; provided, however, that the following are not redemption amusement games and are not eligible for license under this article: 1) Bingo Games; 2) Draw Raffles; or 3) Games excluded from the scope of this article pursuant to § 391-12 hereof.
It shall be unlawful for any person to own or operate within
the City of Vineland any redemption amusement game without first having
obtained a proper license therefor from the City Council. Said license
shall be issued only pursuant to this article and the provisions of
the Amusement Games Licensing Law, N.J.A.C. 13:3-1 et seq.
A.
Each applicant for such a license shall file with the City Clerk
a written application therefor in duplicate and shall pay the fees
provided in this article. The application shall be in the form prescribed
by the Commissioner and shall comply with all application requirements
as specifically set forth in the Amusement Games Licensing Law, and
this article.
B.
The Chief of Police may require, as a condition of application, that
any applicant (or for applicants other than natural persons, the principals
thereof) be fingerprinted and that the record thereof be submitted
with and as a part of such application.
C.
Any fees for fingerprinting or any other investigation shall be paid
by the applicant, even though not otherwise stated in this article.
A.
Issuance. Upon the applicant's compliance with all applicable requirements of this article, the City Council shall by resolution authorize the issuance of a license. Said resolution shall specifically recite the finding of the City Council that the premises to be licensed meets the requirements of a bowling alley as set forth in § 391-4 herein above. Promptly following the date of the resolution, the City Clerk shall issue the license certificate or certificates authorized thereby and shall forward to the Commissioner a certified copy of the resolution, a copy of the application, a counterpart original of the license certificate and the license fees payable to the Commissioner as hereinafter provided.
B.
License term. Each license issued pursuant to this article shall
be for a term of the calendar year which commences on the date of
the resolution and expires on December 31 next following such date;
provided, however, that the license so issued shall be inoperative
unless and until the licensee named therein shall also, within 90
days from the issuance thereof and prior to the conduct or operation
of redemption amusement games thereunder, procure and receive from
the Commissioner a state license authorizing the licensee holding
the City license to operate and conduct certain redemption amusement
games according to the terms of such license; and any license issued
hereunder shall also be inoperative during any period of suspension
or revocation of such state license.
C.
License certificate.
(1)
The license certificate shall be in the form prescribed by the Commissioner
and shall set out on the face thereof:
(a)
The name of the licensee.
(b)
The address of the licensed premises and such further description
or limitation upon the licensed premises as may be provided in the
application or the said resolution.
(c)
The certification category of the kinds of games licensed and,
in the case of arcade games, the number thereof.
(d)
The amount of fee paid.
(e)
A statement of the dates between which and the hours between
which such games may be conducted.
(2)
Each license certificate shall be issued in triplicate, the original
to be delivered to the applicant, with one copy to the Commissioner,
as aforesaid, and the remaining copy to be retained by the City Clerk.
D.
Display. Each license certificate and all other information required
under the Amusement Games Licensing Law to be posted upon licensed
premises shall be conspicuously displayed at the place or places where
the redemption amusement games are to be conducted, at all times during
the conduct thereof.
A.
No application for the issuance of a license shall be refused by
the City Council until after a hearing is held on due notice to the
applicant, at which hearing the applicant shall be entitled to present
evidence upon the qualifications of the applicant and the merits of
the application.
B.
Any license issued under this article may be amended, upon application
made to the City Council, if the subject matter of the proposed amendment
could lawfully and properly have been included in the original license
and upon payment of such additional license fee, if any, as would
have been payable, if the amendment had been so included.
A.
Concurrently with the Commissioner and the Commissioner's agents
and designees, the Department of Licensing and Inspection 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 it under the Amusement Games Licensing Law and all amendments
and supplements thereto.
B.
The Department of Licenses and Inspections may inspect or cause to
be inspected any place or building in which redemption amusement games
are made available for public use and all records that the licensee
is required to prepare and maintain under the Amusement Games Licensing
Law.
C.
Redemption amusement games licensed hereunder shall be available
only in plain view of any person or persons who may enter upon any
place where such redemption amusement games are made available for
play or use by the public; and in no licensed premises shall they
be made available selectively to certain persons designated by the
licensee or other person; nor shall they be in any way concealed except
when out of service for maintenance or repair.
D.
Redemption amusement games shall not be operated or otherwise made
available to the public for use on any day later than 12:00 midnight
nor earlier than 8:00 a.m.
E.
Prizes awarded as the result of play or use of redemption amusement
games shall be only merchandise of no greater value than as applicable
in accordance with the single game and aggregate limitations from
time to time provided under the Amusement Games Licensing Law. Alcoholic
beverages, tobacco products, weapons, obscene or indecent pictures,
writings or recordings or money shall not be awarded as prizes, and
no licensee shall directly, indirectly or by any subterfuge purchase
any merchandise prize, once it has been duly awarded, nor shall licensee
exchange the prize for money or money's worth.
F.
Every licensee shall comply with such conditions and limitations
as the Commissioner may include in any certification.
G.
The provisions of the Amusement Games Licensing Law N.J.A.C. Title
13 Chapter 3, Subchapter 3 and Subchapter 4 by this reference,[1] are hereby incorporated as provisions of this article,
as fully as if they were herein at length set out, it being the intention
of the City Council that any violation of such sections by a licensee
shall be a violation not only of the Amusement Games Licensing Law
but also of this article and that any duties of a licensee as set
out in such sections are duties of a licensee under both the Amusement
Games Licensing Law and this article.
[1]
Editor's Note: See N.J.A.C. 13:3-3.1 to 13:3-4.5.
Any licensee or principal thereof who or which shall make any
false statement in any application for such license, or shall fail
to keep such books and records as required to be kept under the Amusement
Games Licensing Law, or shall falsify such books or records, or shall
violate any of the provisions of this article or the Amusement Games
Licensing Law or of any of the terms of such license, shall be a disorderly
person, and if convicted as such, shall, in addition to any other
penalties which may be lawfully imposed, forfeit any license issued
to it under this article.
A.
There shall be issued to an applicant who shall qualify a license
for the premises at which the licensee is authorized to hold, operate
and conduct such redemption amusement games. The annual license fee
for each place shall be $500.
B.
A separate license shall be issued for each specific kind of redemption
amusement game authorized to be held, operated and conducted on the
licensed premises by the licensee. The license fee payable to the
City for each specific kind of game certified by the Commissioner
pursuant to N.J.A.C. 13:3-7.9, as permissible, shall be as follows:
(1)
Games permitted under Category and Certification No. 1: throw games
wherein a single player upon payment of fee is furnished a number
of balls, hoops, darts or other objects, or uses his own coins to
be hand thrown or propelled at, into, or upon targets, with prizes
awarded according to results achieved; provided that only one of the
above games may be licensed under one license; and there is no restriction
on the number of units that may comprise the game: $500.
(2)
Games certified as permissible under Category and Certification No.
2: arcade games wherein a single player upon payment of fee is permitted
to play a machine or device to obtain a prize or attain to score upon
which a prize is awarded according to results achieved: $500 plus
$10 per machine for each machine in excess of 50 machines.
(3)
Games certified as permissible under Category and Certification No.
4: competitive games wherein several players upon payment of fee are
permitted to compete against each other for a prize to be awarded
to the player who first achieves the required result, provided that
only one of the above games shall be licensed under one license; and
there is no restriction on the number of units that may comprise the
game: $500.
(4)
Games certified as permissible under Category and Certification No.
8: miscellaneous games wherein a single player upon payment of a fee
is entitled to use a physical skill to obtain a predetermined goal
for which a prize is awarded: $500.
C.
The required City fee, which shall be an annual fee without proration,
shall accompany the license application. In the event that the license
is denied or the application therefor is withdrawn, the City shall
retain 25% of the application fee as an investigation fee, and the
balance shall be returned to the applicant.
D.
On application, the applicant shall deposit, with the City Clerk, the applicant's certified check or money order, in an amount equal to the license fees required in accordance with N.J.S.A. 5:8-102 and drawn to the order of the New Jersey Amusement Games Control Commissioner. If the City Council shall, pursuant to § 391-6 of this article, authorize the issuance of a license to the applicant, then together with the other items to be forwarded under § 391-7 the Clerk shall forward the certified check or (as the case may be) money order to the Commissioner. However, if the City Council shall refuse or decline to authorize the issuance of the license applied for, or if the application shall be withdrawn, then at the time when the City Clerk returns a portion of the required fee as hereinabove provided, the City Clerk shall also return to the applicant the certified check or money order.
Redemption amusement games certified by the Commissioner as
permissible under Certification 3 (non-draw raffle games), Certification
5 (a certain game of chance particularly described in such certification
and named therein, "Stop and Go Game"), Certification 6 (guessing
games), Certification 7 (ringing a bell) and Certification 9 (a certain
game of chance particularly described in such certification and named
therein, Pan Game, Crazy Ball and Crazy Block), are prohibited hereby
and shall not be operated within the City of Vineland, and no license
shall be issued authorizing the same. Nothing in this article shall
be deemed to require a license for the award of prizes as the result
of successful play at any game which, pursuant to common understanding,
is a sport such as baseball, soccer, tennis or golf; or for the distribution
without charge of rights to participate in amusements, as promotional
inducement to persons to visit a premises licensed hereby; or for
the award of the same prize value in respect of the play of any game
or device, before or following each use of such device or play of
such game and without regard to any particular score or outcome resulting
therefrom. Games and game devices, the use or play of which does not
result in any person receiving any merchandise, prize, additional
right to play or participate without charge or other thing of value,
are beyond the scope of this article. Nothing provided herein shall
be construed to state or imply that such games or devices must be
licensed under this article; or that the City does not retain the
inherent prerogative to provide by ordinance for the licensing, regulation
and supervision of the use of such games and devices. Also beyond
the scope of this article is any carnival, fair or other activity
held on an annual or other periodic or scheduled basis by a not-for-profit
group or organization wherein amusement devices, structures or amusement
rides are installed or used on a temporary basis.
