[HISTORY: Adopted by the Board of Commissioners of the Borough
of Haddonfield 3-23-2010 by Ord. No. 2010-03; amended in its entirety 12-28-2010 by Ord. No.
2010-16. Amendments noted where applicable.]
Purpose. The purpose of this chapter 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 Haddonfield. The Borough has determined that raffles will promote
the public interest by raising funds for the benefit of charitable
organizations.
Requirement of license. 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 Haddonfield unless such applicant shall hold a currently
valid license issued pursuant to the terms of this chapter.
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 reviewed by the Chief of Police
and contain the following information:
A description of the entity wishing to apply for a license to
conduct a raffle within the Borough of Haddonfield, 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 (as
per N.J.S.A. 5:8-51) of veterans of any war in which the United States
has been engaged; a church or a religious congregation or religious
organization; a charitable, educational or fraternal organization;
a civic or service club; a senior citizen association or club, or
an officially recognized volunteer fire company or an officially recognized
volunteer first aid or rescue squad;
A description of the specific kind or kinds of 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;
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;
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 shall assist therein except as
provided under the Act; and
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 regulation may require.
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 game or 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.
If any equipment is 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.
Borough Clerk review of application. 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 if 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 applicant designated in the application to hold,
operate or conduct the game or games of chance which the license is
applied for 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 the 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.
Issuance of the 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 herein.