Sponsored by:
Senator PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
Senator PETER J. BARNES, III
District 18 (Middlesex)
Assemblyman JOSEPH A. LAGANA
District 38 (Bergen and Passaic)
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
Assemblyman RAJ MUKHERJI
District 33 (Hudson)
Co-Sponsored by:
Assemblyman Caputo and Assemblywoman Pinkin
SYNOPSIS
Permits amusement games license to be issued to holder of alcoholic beverage special concessionaire permit at certain airports; allows licensees to offer electronic amusements under certain circumstances.
CURRENT VERSION OF TEXT
As reported by the Senate State Government, Wagering, Tourism & Historic Preservation Committee on January 23, 2017, with amendments.
An Act permitting amusement games licenses to be issued for certain premises 1and defining electronic amusements,1 and amending 1[P.L.2015, c.149 and] and supplementing1 P.L.1959, c.109.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1[1. Section 1 of P.L.2015, c.149 (C.5:8-78.1) is amended to read as follows:
1. The holder of a plenary retail consumption license, as defined in R.S.33:1-12, or of a special concessionaire permit issued by the Director of the Division of Alcoholic Beverage Control, whose licensed premises is at least 20,000 square feet, shall be eligible to be issued for the licensed premises an amusement game license pursuant to P.L.1959, c.109 (C.5:8-100 et seq.), provided that the licensed premises includes at least 100 amusement games and all other requirements for licensure to conduct amusement games are met.
(cf: P.L.2015, c.149, s.1)]1
11. (New section) The holder of a special concessionaire permit, as provided for in R.S.33:1-42, whose licensed premises is located in the post-security checkpoint area of the departure level of an international airport terminal and is at least 20,000 square feet in the aggregate, shall be eligible to be issued an amusement games license pursuant to P.L.1959, c.109 (C.5:8-100 et seq.), provided that all other requirements for licensure to conduct amusement games are met.1
2. Section 2 of P.L.1959, c.109 (C.5:8-101) is amended to read as follow:
2. It shall be lawful for the governing body of any municipality, at any time after this act shall become operative and except when prohibited by this act, to license the owner and operator of any amusement game or games, whether of skill or chance, or both and whether said game be played and operated with or without numbers or figures, to hold and operate such amusement game or games, which term is defined as a game or games played for amusement or entertainment, in which the person or player actively participates and the outcome of which is not in the control of the operator, and which is so conducted that the sale of a right to participate, the event which determines whether a player wins or loses and the award of the prize, all occur as a continuous sequence at the time when and place where the player or players are all present, provided that the same are to be held and operated at a recognized amusement park or at a seashore or other resort in that part thereof customarily constituting an amusement or entertainment area according to the customary understanding of said terms in the community, 1[or at an airport entertainment facility,]1 and provided that the same shall be held, operated and conducted pursuant to this act and such license and the license issued by the [State Amusement Games Control Commissioner] Legalized Games of Chance Control Commission, as hereinafter provided, and under such conditions and regulations for the supervision and conduct thereof as shall be prescribed by rules and regulations duly adopted from time to time by the [Amusement Games Control Commissioner] commission, not inconsistent with the provisions of this act, and for any person or persons to participate in and play such amusement games conducted under such licenses 1[, provided all other requirements to conduct amusement games are met]1.
As used in this section:
"Recognized amusement park" means a commercially operated permanent business, open to the public at least 31 consecutive days annually, 1[the location of which is]1 designed and themed for the primary purpose of providing participatory amusements incorporating skill-based attractions, rides or water slides licensed in accordance with P.L.1975, c.105 (C.5:3-31 et seq.), 1or electronic amusements,1 and food and merchandise concessions in permanent structures. Nothing in this definition shall prevent a license from being issued in any location which has had a license issued prior to the effective date of P.L.2015, c.149 (C.5:8-78.1 et al.).
"Skill-based attraction" means an amusement utilizing a tangible object such as a ball, puck or other portable object either alone or in competition with other on-premises guests, or requiring the exertion of physical, aerobic activity, such as dancing, climbing, running, or jumping rope; or any amusement that is predominantly skill-based and can be played 1either alone or1 in competition with other on-premises guests.
1[“Airport entertainment facility” means a commercially operated permanent business located in the post-security checkpoint area of the departure level of an airport and which is designed for the primary purpose of providing food and merchandise concessions, participatory amusements, including electronic games, and other entertainment, services, and amenities to travelers.]1
“Electronic 1[games] amusement1 ” means 1[game applications played on tablet computers or other similar devices, which may include electronic or digital representations or versions of games previously certified as permissible by the Legalized Games of Chance Control Commission] an amusement offered through an electronic device that allows a player to participate in a game of skill or chance through interaction with the device1.
(cf: P.L.2015, c.149, s.2)
13. Section 7 of P.L.1959, c.109 (C.5:8-106) is amended to read as follows:
7. a. The governing body of any municipality issuing any license under this act shall have and exercise control and supervision over all amusement games held, operated or conducted under such license, to the end that the same are fairly held, operated and conducted in accordance with the provisions of such license, the rules and regulations promulgated by the commissioner and the provisions of this act governing the holding, operation and conduct of the same and such governing body and the commissioner shall have power and authority to suspend any license issued by such governing body and to revoke the same, after hearing, for any violation of any such provision, and shall have the right of entry, by its officers and agents at all times into any premises where any such amusement game is being held, operated and conducted or where it is intended that any such amusement game shall be held, operated and conducted, or where any equipment being used or intended to be used in the conduct thereof is found, for the purpose of inspecting the same.
b. No licensee shall be permitted to offer an electronic amusement, as defined in section 2 of P.L.1959, c.109 (C.5:8-101), unless the licensee first establishes, to the satisfaction of the commission, that the electronic amusement will not violate the provisions of section 14 of P.L.1959, c.109 (C.5:8-113) and that the proposed electronic amusement to be offered and the device sought to be utilized are suitable for use after an appropriate test or experimental period under such terms and conditions as the commission deems appropriate. The commission may utilize, in its discretion, the services of another public entity or a private entity, or both, for the purposes of conducting any testing, analysis, or review of the electronic device on which the amusement may be offered to make this determination, the cost of which shall be borne by the licensee.1
(cf: P.L.1959, c.109, s.7)
1[3.] 4.1 This act shall take effect immediately.