This chapter is for the purpose of regulating all games of chance held, operated or conducted within the Borough pursuant to Acts of the Legislature of the State of New Jersey known as the "Bingo Licensing Law," N.J.S.A. 5:8-24 et seq., and the "Raffles Licensing Law," N.J.S.A. 5:8-50 et seq., and in accordance with the rules and regulations issued or to be promulgated by the Legalized Games of Chance Control Commission in the Department of Law and Public Safety of the State of New Jersey. All applications, licenses and proceedings in connection therewith shall be subject to the provisions of such Acts and the rules and regulations and any laws, rules and regulations hereafter enacted and shall be further subject to the provisions of this chapter.
[HISTORY: Adopted by the Mayor and Council of the Borough of Edgewater 11-10-2025 by Ord. No. 2025-018. Amendments noted where applicable.]
The issuing authority, as the same is defined in N.J.S.A. 5:8-24 et seq. and N.J.S.A. 5:8-50 et seq., responsible for approving bingo and raffle licenses shall be the Municipal Clerk.
Licenses authorized by law to conduct any games of chance, including raffles and bingo, shall be permitted to conduct the same on any day of the week, including Sunday as provided by N.J.S.A. 5:8-31 and N.J.S.A. 5:8-58.
The issuing authority shall approve or deny all applications for bingo or raffle licenses with due expedition after the filing of the application. Applications must be filed with the Municipal Clerk together with required fees pursuant to law. The applicant shall demonstrate in writing compliance with the provisions of all applicable laws and regulations.
No license to conduct a game of chance as authorized by law shall be issued to any organization not having a bona fide sites established in good faith within the State of New Jersey and actively engaged in serving one or more of the authorized purposes as defined by the rules and regulations of the Legalized Games of Chance Control Commission.
The Borough Clerk shall make an investigation of the qualifications of each applicant and the merits of each application in accordance with applicable licensing laws. The Borough Clerk is designated as the person having authority to approve the issuance of raffle and bingo licenses.
No license shall be:
A.
Issued for a period of more than one year.
B.
Issued for holding, operating or conducting any game of chance which may be licensed under other licensing laws.
C.
Issued to any organization not having a bona fide site established in good faith within the State of New Jersey and actively engaged in serving one or more of the authorized purposes as defined by the rules and regulations of the Legalized Games of Chance Control Commission.
Each license shall be in a form prescribed by the State Control Commission.
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 Borough.
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 (LGCCC) and the State Control Commission.
The Borough Clerk shall:
A.
File with the Legalized Games of Chance Control Commission a certified copy of this chapter within 10 calendar days after its adoption.
B.
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 Borough, 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.
A.
As allowed by State law, the Borough's fee schedule is identical to that of the New Jersey Legalized Games of Chance Commission (LGCCC), as they are amended/revised from time to time.
B.
Every application for a bingo or raffle license to the Borough Clerk must be accompanied by two separate checks payable to the Legalized Games of Chance Control Commission (LGCCC) and one payable to the Borough of Edgewater; both checks should be for the same amount.
C.
Edgewater Borough volunteer fire companies and first aid/emergency rescue squads are exempt from the fees imposed by the Borough pursuant to this section. This exemption does not apply to fees required by any State of New Jersey agency/entity or any other non-Borough entity.
The license fees set forth in N.J.A.C. 13:47-4.9 shall not apply to any senior citizen association or club registered with the State Gaming 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.
All municipal license fees shall become the property of the municipality.
No person, organization, club, company or squad shall conduct, operate, run, participate in or attend any unlicensed raffle or bingo games in the Borough.
The governing body, pursuant to N.J.S.A. 5:8-30 and N.J.S.A. 5:8-57, may suspend and revoke any issued bingo or raffle license, after a hearing, for any violation of this chapter or state law. The governing body may suspend the operation of a bingo or raffle pending hearing, in which case a hearing must be held within five days after such action. Notice of a hearing shall be served personally upon an officer of the licensee or the member in charge of the conduct of the bingo or raffle or sent by registered mail or certified mail to the licenses at the address shown on the license. All decisions and findings by the governing body regarding the suspension or revocation of a bingo or raffle license shall be in writing.
In accordance with N.J.A.C. 13:47-4.9, fees are set forth by the State of New Jersey.
Any person who violated any of the provisions of this chapter, upon conviction, shall be subject to the penalties provided in the New Jersey Administrative Code.
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court or federal or state agency of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.
This chapter shall take effect immediately upon final publication as required by law.
All ordinances and parts of ordinances that are inconsistent with the provisions of this chapter are hereby repealed to the extent of such inconsistency.