S2759

An Act adjusting the municipal ballot question for amusement games and amending P.L.1959, c.109.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 17 of P.L.1959, c.109 (C.5:8-116) is amended to read as follows:

17. Upon a petition signed by qualified voters of any municipality equal in number to at least [15%] 15 percent of the total number of votes cast therein at the latest preceding general election for members of the General Assembly and filed with the clerk of the municipality at least 60 days before such election, the governing body of the municipality shall provide for the submission to the legal voters of the municipality at such general election, the question of whether this act shall become operative or cease to be operative in such municipality, as the case may be. If, upon such submission of the question, the majority of all the valid votes cast on the question shall be in favor of having this act inoperative in the municipality, then this act shall, 60 days thereafter, become inoperative in the municipality. The question shall be deemed to be a public question and shall be submitted to the voters as in the case of other public questions. The question shall be stated as follows:

Shall the act entitled "An act authorizing the

conducting, operating and playing of certain amusement

Yes. games, whether of chance or skill, or both, where the

prizes or awards to be given shall be of merchandise

only, of a [retail] value [not in excess of $15.00,] to be

determined by the Amusement Games Control

Commissioner and

the charge for the privilege of playing shall [not

exceed $0.25] be determined by the commissioner;

providing for the licensing, regulation

and control by [a] the commissioner, of the conducting

and

operating of such games; providing restrictions as to

No. the places where such games may be conducted and

operated; providing that certain playing for money

or other valuable things is not authorized; providing

for the operation and inoperation of the act in any

municipality when so determined by referendum vote

therein; and providing for the submission of this act

to the legal voters of the State for their approval

or rejection before the same shall become operative

within this State," become ....................

(insert operative or inoperative) in this municipality?

In the blank space set forth in the above box, the word "operative" or "inoperative" shall be inserted in the question when it is submitted to the voters of the municipality according to whether this act became operative by reason of the vote on the question submitted to all the voters of the State as to whether this act should become operative. If a majority of the voters in the municipality who voted on the said general public question was in the affirmative and, thereby, under the provisions of this act, municipal licenses are authorized, then the word "inoperative" should be included in the above blank space, but if this act does not become operative in the municipality because a majority of the votes cast therein on the general public question was in the negative, then the word "operative" should be inserted in the above-mentioned blank space. If this act shall have become operative in any municipality by reason of a referendum vote therein, as herein provided, and a further referendum is authorized to determine the question of whether this act shall become inoperative notwithstanding such previous approval by the voters, then the word "inoperative" should be inserted in the above blank space.

(cf: P.L.1975, c.389, s.5)

2. Section 19 of P.L.1959, c.109 (C.5:8-118) is amended to read as follows:

19. There shall be printed on each official ballot to be used at such election the following:

If you favor making the act entitled below operative within the State, and operative within this municipality, make a cross X, plus + or check / in the square opposite the word "Yes."

If you are opposed to making the act entitled below so operative, make a cross X, plus + or check / in the square opposite the word "No."

Shall the act entitled "An act authorizing the

conducting, operating and playing of certain amusement

Yes. games, whether of chance or skill, or both, where the

prizes or awards to be given shall be of merchandise

only, of a [retail] value [not in excess of $15.00] to be

determined by the Amusement Games Control

Commissioner, and

the charge for the privilege of playing shall [not

exceed $0.25] be determined by the commissioner;

providing for the licensing, regulation

and control by [a] the commissioner, of the conducting

and

operating of such games; providing restrictions as

to the places where such games may be conducted and

operated; providing that certain playing for money or

No. other valuable things is not authorized; providing

for the operation and inoperation of the act in any

municipality when so determined by referendum vote

therein; and providing for the submission of this act

to the legal voters of the State for their approval

or rejection before the same shall become operative

within this State," become operative within this State?

The date of the approval or passage of this act, as the case may be, shall be inserted in the appropriate place after the title.

In any election district in which voting machines are used the question shall be placed upon the official ballot to be used upon the voting machines with the foregoing instructions to the voters but with instructions to vote "Yes" or "No" by the use of such machines and without marking as aforesaid.

(cf: P.L.1959, c.109, s.19)

3. This act shall take effect immediately.

STATEMENT

This bill adjusts the municipal ballot question for allowing games of amusement within a municipality to match the current title of the law as amended in P.L.1981, c.291.

The bill would only apply to future ballot questions and would not change the law of any municipality that had already adopted the “Amusement Games Licensing Law.”