[Adopted 12-28-2007 by Ord. No. 1441]
The purpose of this article is to establish
a procedure and authorize rules and regulations thereunder for the
licensing of raffles to be conducted by charitable organizations within
the Borough of Collingswood. The Borough has determined that raffles
will promote the public interest by raising funds for the benefit
of charitable organizations.
It shall be unlawful for any person, firm, partnership,
corporation, association or organization of any kind (hereinafter
collectively referred to as "applicant") to create, establish, operate,
maintain or otherwise be engaged in conducting a raffle within the
Borough of Collingswood unless such applicant shall hold a currently
valid license issued pursuant to the terms of this article.
Upon receipt of the application, the Borough
Clerk will make an investigation of the qualifications of the applicant
and the merits of the application and it shall determine that the
applicant is duly qualified to be licensed under the Act to hold,
operate and conduct games of chance under the provisions of the Act
and the rules and regulations governing the holding, operation and
conduct thereof in the municipality; that the designated member or
members of the application designated in the application to hold,
operate or conduct the game or games of chance for which the license
is applied are bona fide active members of the applicant and persons
of good moral character and have never been convicted of a crime;
that such game or games of chance are to be held, operated and conducted
in accordance with the provisions of the Act and in accordance with
the rules and regulations governing holding, operation and conduct
thereof and that the proceeds thereof are to be disposed of as provided
by the Act, and if the governing body is satisfied that no commission,
salary, compensation, reward or recompense whatever will be paid or
given to any person holding, operating or conducting or assisting
in the holding, operation or conduct of any such game of chance except
as in the Act otherwise provided; that any rental to be paid for any
equipment to be used in or in connection with the holding, operation
and conduct of such game or games of chance conforms to the schedule
of authorized rentals prescribed by rules of the Legalized Games of
Chance Control Commission and that such lessor or lessors have been
approved as to good moral character and freedom from conviction of
crime by said Commission; that no prize will be offered or given in
cash except as authorized by regulation promulgated by the Control
Commission or of greater value than is provided in the Act in any
game or games of chance held, operated and conducted under license.
Upon satisfactory determination of those factors,
the Borough shall issue a license to the applicant for the holding,
operation and conduct of the specific kind, or one or more of the
specific kinds, of games of chance applied for accordingly, upon the
payment of a license fee as prescribed by regulation promulgated by
the Control Commission.
Licenses issued hereunder shall be effective
no longer than a period of one year.
[Added 4-7-2008 by Ord. No. 1444]
A. No license shall be issued by the Borough of Collingswood ("Borough")
pursuant to the New Jersey Raffles Licensing Law, N.J.S.A. 5:8-50
et seq., and the Borough's raffles licensing ordinance until
the following fees have been paid to the Borough:
(1) For on-premises draw raffles for cash prizes (50/50) in excess of
$400 or merchandise prizes where the total combined retail value of
prizes awarded is in excess of $400, the sum of $20 shall be paid
for each day on which a drawing(s) is to be conducted under the license.
(2) For on-premises draw raffles for cash prizes (50/50) that do not
exceed $400 or merchandise prizes where the total combined retail
value of prizes awarded does not exceed $400, there shall be no licensing
fee. In the event the retail value of the prize(s) offered or awarded
exceeds $400 in a raffle in which it was anticipated that the retail
value would not exceed $400, the licensee shall submit a check or
money order, made payable to the New Jersey Legalized Games of Chance
Commission ("Control Commission"), in the amount of $20 at the time
of filing the report of operations required by N.J.A.C. 13:47-9, and
pay the applicable fees along with a copy of the Report of Raffle
Operations.
(3) For off-premises draw raffles awarding merchandise as a prize, the
sum of $20 shall be paid for each $1,000, or part thereof, of the
retail value of the prize(s) to be awarded.
(4) For carnival games or wheels, the sum of $20 shall be paid for each
game or wheel held on any one day, or any series of consecutive days,
not exceeding six at one location.
(5) For off-premises cash (50/50) raffles, a $20 fee shall be paid at
the time the application is filed. In the event the awarded prize
exceeds $1,000, then an additional fee of $20 for each $1,000, or
part thereof, in value of the awarded prize in excess of $1,000 shall
be forwarded to the Control Commission by check, payable to the Legalized
Games of Chance Control Commission, together with the Report of Operations,
as required by N.J.A.C. 13:47-9, and the applicable Borough fees paid,
along with a copy of the Report of Raffle Operations.
(6) For special door prize raffles, no fee is due and no license is required,
provided the merchandise awarded is wholly donated, has a total retail
value of less than $50, and the raffle is conducted in accordance
with N.J.A.C. 13:47-3.11 and 13:47-8.15.
(7) For calendar raffles awarding cash or merchandise as a prize, the
sum of $20 shall be paid for each $1,000, or part thereof, of the
retail value of the prize(s) to be awarded.
(8) For instant raffle games awarding cash or merchandise as a prize,
the following sums shall be paid:
(a)
For each day on which instant raffle tickets are sold or offered
for sale: $20; or
(b)
For a one-year license to sell, or to offer for sale, instant
raffle tickets during that year: $750.
(9) For golf hole-in-one contests, the sum of $20 shall be paid for each
$1,000, or part thereof, of the retail value of the ancillary prizes
offered.
(10)
For armchair races, the sum of $50 shall be paid for each licensed
day of operation.
(11)
For casino nights, the sum of $100 shall be paid for each day
of operation.
B. The licensee fees set forth in Subsection
A(1) through
(11) above shall not apply to any senior citizen association or club registered with the Control Commission which will hold, operate or conduct the games solely for the bona fide active members of the licensed association or club. No fee shall be charged to any senior citizen association or club for processing an application or issuing a license to hold, operate or conduct any legalized game of chance solely for its bona fide active members.
C. The licensee fees set forth in Subsection
A(1) through
(11) above shall be paid to the Municipal Clerk of the Borough, who shall forward the fees to the Control Commission. In addition to the foregoing fees, the sum of $10 shall be paid to the Borough at the time the application is filed to defray the Borough's administrative expenses in the administration of the New Jersey Raffles Licensing Law and the Borough's raffle licensing ordinance.