The purpose of this article is to establish
the procedure and standards which must be followed in order to obtain
a license for a legalized game of chance from the City of Millville
pursuant to the requirements imposed by state law. This section does
not apply to the state lottery.
As used in this article, the following terms
shall have the following meanings unless the context clearly indicates
that a different meaning is intended:
A game of skill, chance or a combination of both wherein
a player pays a fee for an opportunity to participate, and prizes
or tickets or tokens redeemable for prizes are awarded if the player
attains a particular score or result. Amusement games can be electronic,
mechanical or manual.
A license issued by the governing body of the City of Millville
pursuant to the Amusement Games Licensing Law, N.J.S.A. 5:8-100 et
seq.
A license issued by the governing body of the City of Millville
pursuant to the Bingo Licensing Law, N.J.S.A. 5:8-24 et seq.
A natural person, association, corporation, firm, partnership,
trust or other legal entity.
A license issued by the governing body of the City of Millville
pursuant to the Raffles Licensing Law, N.J.S.A. 5:8-50 et seq.
It shall be unlawful for any person to hold,
operate or conduct a game of chance within the City unless licensed
to do so pursuant to this article.
A.
Amusement game license. The license required to operate
an amusement game shall be known as an amusement game license. Amusement
games can only be lawfully operated at recognized amusement parks,
seashore or like resorts, or at agricultural exhibitions when the
operator has obtained both a municipal and state license. The municipal
license shall be inoperative unless the licensee has a valid state
license or procures a state license within 90 days from the issuance
of the municipal license. The fee for the municipal license shall
be $55 for each amusement game allocating $50 to the state and $5
to the municipality.
B.
Bingo license. The license required to operate bingo
shall be known as a bingo license and may be issued only to bona fide
organizations authorized by state law. The fee for the municipal license
shall be equal in amount to the fee required to be paid to the state
pursuant to state law. No license issued shall be valid for more than
one year.
C.
Raffle license. The license required to operate a
raffle shall be known as a raffle license and may be issued only to
bona fide organizations authorized by state law. The fee for the municipal
license shall be equal in amount to the fee required to be paid to
the state pursuant to state law. No license issued shall be valid
for more than one year.
A.
The application for a license required by this article
shall be made in writing and filed with the City Clerk on forms prescribed
by the state. The application shall contain the information required
by state law and shall be duly executed and verified by the applicant.
B.
The City Clerk shall make an investigation of the
qualifications of each applicant and the merits of each application
before a license is issued.
[Amended 2-7-2017 by Ord.
No. 4-2017]
C.
No application for the issuance of a license shall
be refused by the City Clerk until after a hearing is held on due
notice to the applicant. At the hearing, the applicant shall be entitled
to be heard upon the qualifications of the applicant and the merits
of the application.
[Amended 2-7-2017 by Ord.
No. 4-2017]
D.
Each license issued shall be in the form prescribed
by the state and shall contain the information required by state law.
The license shall be conspicuously displayed at the place where the
game of chance is to be conducted at all times during the conduct
thereof.
A.
Minors. No person under the age of 18 years shall
be permitted to participate in any game of chance held, operated or
conducted pursuant to a license issued under this article.
B.
Frequency of game. Bingo and raffles shall not be
held, operated or conducted more often than six days in any one calendar
month.
C.
No alcohol. No game of chance shall be held, operated
or conducted in any room or outdoor area where alcoholic beverages
are sold or served during the progress of the game.
D.
Persons operating and conducting games. No person
shall hold, operate or conduct a game of chance under any license
issued pursuant to this article except an active member of the qualified
organization to which the license is issued.
E.
Compliance with state law. Any person holding, operating
or conducting a game of chance shall comply with all state laws applicable
to the game of chance being conducted.
A.
The City Clerk shall exercise control and supervision
over all licensed games of chance. It has the authority to examine
or cause to be examined the books and records of any licensee related
to the conduct of a game of chance. Any applicant for a license may
be denied a license, and any license issued may be suspended or revoked
by the governing body for any of the following causes:
[Amended 2-7-2017 by Ord.
No. 4-2017]
(1)
The applicant or licensee has filed an application
containing false information.
(2)
The applicant or licensee has failed to comply with
these regulations.
(3)
The applicant or licensee has failed to comply with
state law applicable to the type of license being issued.
(4)
The applicant or licensee has been convicted of an
offense under these regulations.
(5)
The applicant or licensee has violated the Consumer
Fraud Act, N.J.S.A. 56:8-1 et seq.
(6)
The applicant or licensee has been convicted of a
criminal offense in the State of New Jersey or any other state.
B.
The applicant or licensee may appeal the decision
of any municipal official by filing a request for a hearing before
the Board of Commissioners with the City Clerk within 10 days of receiving
the notice of denial, suspension or revocation of the license. The
hearing shall be held within 20 days after the request is filed with
the City Clerk.
