[HISTORY: Adopted by the Board of Commissioners
of the Borough of Collingswood as indicated in article histories.
Amendments noted where applicable.]
[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.
A.
Pursuant to the Raffles Licensing Law, N.J.S.A. 5:8-50
et seq. (hereinafter referred to as "the Act"), application for the
required license shall be made to the Borough Clerk and shall be signed
by the applicant. The application shall be signed by the Chief of
Police and contain the following information:
(1)
A description of the entity wishing to apply for a
license to conduct a raffle within the Borough of Collingswood, including
the name and address of the applicant along with sufficient facts
relating to its incorporation and organization to enable the Borough
to determine that the applicant is a bona fide organization or association
of veterans of any war in which the United States has been engaged,
or a church or a religious congregation or religious organization,
or a charitable, educational or fraternal organization, or a civic
or service club, or a senior citizen association or club, or an officially
recognized volunteer fire company or an officially recognized volunteer
first aid or rescue squad;
(2)
The names and addresses of the officers of the entity;
(3)
A description of the specific kind or kinds of game
or games of chance intended to be held, operated and conducted by
the applicant, and the place or places where, the day or dates and
the time or times when such game or games of chance are intended to
be held, operated and conducted by the applicant under the license
applied for;
(4)
The items of expense intended to be incurred or paid
in connection with the holding, operating and conducting of such games
of chance and the names and addresses of the persons to whom, and
the purposes for which, they are to be paid;
(5)
The specific purposes to which the entire net proceeds
of such game or games of chance are to be devoted and in what manner;
(6)
That no commission, salary, compensation, reward or
recompense will be paid to any person for the holding, operating or
conducting of such game or games of chance and who shall assist therein
except as provided under the Act; and
(7)
That no prize will be offered and given in cash except
as otherwise provided in the Raffles Licensing Law and a description
of the value and character of the prizes which are to be given and
any other information which said rules and regulations may require.
B.
Each application shall designate an active member
or members of the applicant entity under whom the game or games of
chance described in the application are to be held, operated and conducted.
The application shall also include a statement executed by the applicant
and by the member or members, so designated, that he, she, or they
will be responsible for the holding, operation and conduct of such
games of chance in accordance with the terms of the license and the
provisions of said rules and regulations governing the holding, operation
and conduct of such a game or games of chance and of the Act, if such
license is granted.
C.
If any equipment to be used in or in connection with
the holding, operating or conducting of any such game of chance is
to be leased from any person, persons or corporation, a written statement
shall accompany the application, signed and verified under oath by
such person or persons or executed and verified under oath on behalf
of such corporation, stating his, her or its address and the amount
of rent which will be paid for such equipment and that such rental
conforms to the schedule of authorized rentals prescribed by rules
of the Legalized Games of Chance Control Commission and that such
lessor or lessors, or, if a corporation, all of its officers and each
of its stockholders who hold 10% or more of its stock issued and outstanding,
have been approved by said Commission as being of good moral character
and not having been convicted of a crime.
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.
(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[1] and the Borough's raffle licensing ordinance.
[1]
Editor's Note: See N.J.S.A. 5:8-50 et seq.
