[First Reprint]

ASSEMBLY, No. 4297

STATE OF NEW JERSEY

219th LEGISLATURE

INTRODUCED JUNE 22, 2020

 


 

Sponsored by:

Assemblyman† ERIC HOUGHTALING

District 11 (Monmouth)

Assemblywoman† JOANN DOWNEY

District 11 (Monmouth)

Assemblyman† PARKER SPACE

District 24 (Morris, Sussex and Warren)

Senator† VIN GOPAL

District 11 (Monmouth)

Senator† STEVEN V. OROHO

District 24 (Morris, Sussex and Warren)

 

Co-Sponsored by:

Assemblymen Wirths, Dancer, Senators Bateman and Thompson

 

 

 

 

SYNOPSIS

††††† Permits conduct of bingos and raffles remotely; permits online sale of tickets for all bingos and raffles.

 

CURRENT VERSION OF TEXT

†††† As reported by the Assembly Tourism, Gaming and the Arts Committee on March 8, 2021, with amendments.

††


An Act concerning the conduct 1and sale of tickets1 of certain games of chance remotely and amending P.L.1954, c.6 and P.L.1954, c.5.

 

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

 

††††† 1.†† Section 2 of P.L.1954, c.6 (C.5:8-25) is amended to read as follows:

††††† 2.†† a.† It shall be lawful for the governing body of any municipality, at any time after this act shall become operative within such municipality and except when prohibited by this act, to license bona fide organizations or associations of veterans of any war in which the United States has been engaged, churches or religious congregations and religious organizations, charitable, educational and fraternal organizations, civic and service clubs, senior citizen associations and clubs, officially recognized volunteer fire companies, and officially recognized volunteer first aid or rescue squads, to hold and operate games of chance of, and restricted to, the specific kind of game of chance commonly known as bingo or lotto played for prizes with cards bearing numbers or other designations, five or more in one line, the holder covering numbers, as objects, similarly numbered, are drawn from a receptacle and the game being won by the person who first covers a previously designated arrangement of numbers on such a card, by selling shares or tickets or rights to participate in such games and by conducting the games accordingly, when the entire net proceeds of such games of chance are to be devoted to educational, charitable, patriotic, religious or public-spirited uses, and, in the case of organizations or associations of veterans, and senior citizen associations or clubs, to the support of such organizations, and for any such organization, association, church, congregation, society, club, fire company, first aid or rescue squad, or senior citizen association or club, when so licensed, to hold, operate and conduct such games of chance by its active members pursuant to this act and such license, 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 Legalized Games of Chance Control Commission, hereinafter designated as the control commission, not inconsistent with the provisions of this act, but only when the entire net proceeds thereof are devoted to the uses aforesaid and for any person or persons to participate in and play such games of chance conducted under any such license.

††††† b.†† (1)† The control commission shall, pursuant to regulations promulgated by it, authorize the use in conducting bingo or lotto of electronic devices that are the functional equivalent of the cards, numbered objects, and receptacle described herein to the extent that the use of such devices is not inconsistent with any other provision of this act or the provisions of subparagraph A of the New Jersey Constitution, Article IV, Section 7, paragraph 2.† Any such electronic device shall comply with specifications prescribed by the commission and shall be approved by the commission prior to use. Such devices shall not include any device into which currency, coins or tokens may be inserted or from which currency, coins or tokens, or any receipt for monetary value, can be dispensed or which, once provided to a person participating in bingo, is capable of communicating with other such devices. Nothing contained in this [section] paragraph shall be construed as allowing electronic devices used by a qualified organization in conducting bingo or lotto to be linked to electronic devices used by any other qualified organization in conducting bingo or lotto.

††††† (2)†† The control commission shall adopt regulations permitting the 1supervision and1 conduct 1, among persons located in this State,1 of bingo or lotto remotely using communication technology in a manner consistent 1with1 the provisions of P.L.1954, c.6 (C.5:8-24 et seq.) 1, to the extent that its application would not violate federal law or regulation, including the use of the United States Postal Service,1 and to the extent not inconsistent with the provisions of subparagraph A of the New Jersey Constitution, Article IV, Section 7, paragraph 2.† Such technology shall comply with specifications prescribed by the commission and shall be approved by the commission prior to use.1[A licensee conducting bingo or lotto pursuant to this paragraph shall verify that the physical location of each participant, irrespective of the location of any server or intermediate routing of electronic data, is within a municipality in which the majority of voters voting therein voted in favor of the adoption of the provisions of P.L.1954, c.6 (C.5:8-24 et seq.) and in which such provisions are still in effect.]1For the purpose of conducting bingo or lotto pursuant to this paragraph, the location of the active member or other person approved by the control commission to hold, operate, or conduct the game shall be deemed the licensed premises 1and the only location at which the bingo or lotto is taking place.

††††† c.†† Tickets for a bingo or lotto may be sold remotely to purchasers physically located within this State, using the Internet or other electronic means, in accordance with this subsection.† The sale and purchase of tickets remotely using the Internet or other electronic means shall be deemed to take place only at the location of the bingo or lotto regardless of a purchaserís physical location within this State, provided the personnel of the organization conducting the bingo or lotto, whether or not through a third-party vendor, is located in the location of the bingo or lotto at the time of sale.† An organization conducting a bingo or lotto in-person or remotely using the Internet or other electronic means shall establish and adhere to procedures and

controls, including, but not limited to, the use of geolocation technology, approved by the commission that ensure, to the greatest extent possible, that bingo or lotto tickets will be sold only to persons physically located in this State1 .

(cf: P.L.2013, c.85, s.1)

 

††††† 2.†† Section 2 of P.L.1954, c.5 (C.5:8-51) is amended to read as follows:

††††† 2.†† a.† It shall be lawful for the governing body of any municipality, at any time after this act shall become operative within such municipality and except when prohibited by this act, to license bona fide organizations or associations of veterans of any war in which the United States has been engaged, churches or religious congregations and religious organizations, charitable, educational and fraternal organizations, civic and service clubs, senior citizen associations and clubs, officially recognized volunteer fire companies, and officially recognized volunteer first aid or rescue squads, to hold and operate the specific kind of game or games of chance commonly known as a raffle or raffles played by drawing for prizes or the allotment of prizes by chance, by the selling of shares or tickets or rights to participate in such game or games and by conducting the game or games accordingly, when the entire net proceeds of such games of chance are to be devoted to educational, charitable, patriotic, religious or public-spirited uses, and in the case of organizations or associations of veterans, and senior citizen associations and clubs to the support of these organizations, and for any such organization or association, church, congregation, society, club, company or squad, when so licensed or without any license when and as hereinafter prescribed, to hold, operate and conduct such game of chance pursuant to this act and such license, in such municipality and to sell shares or tickets or rights to participate in such game or games of chance therein and in any other municipality which shall have adopted this act 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 Legalized Games of Chance Control Commission, hereinafter designated as the control commission, not inconsistent with the provisions of this act, but only when the entire net proceeds thereof are devoted to the uses aforesaid and for any person or persons to participate in and play such games of chance conducted under any such license.

††††† b.†† The control commission may adopt regulations authorizing licensees to hold events known as:

††††† "armchair races" at which wagers are placed on the outcome of previously-filmed horse races and wagerers do not know the results in advance, when the prize awarded consists of merchandise or raffle tickets only, and not cash; and

††††† "casino nights" at which players use chips or script purchased from the licensee to wager in games of chance known as blackjack, under/over, beat-the-dealer, chuck-a-luck, craps, roulette, bingo or similar games approved by the commission, when the chips or script are redeemable for merchandise or raffle tickets only, and not for cash.

††††† The regulations shall establish the frequency with which these events may be held, the rules of the games, the specific type and value of prizes which may be offered, the qualifications of the individuals conducting the games and other requirements which the commission may deem pertinent.

††††† c.†† No license shall be required for the holding, operating or conducting of a raffle for a door prize of merchandise of the total retail value of $200.00 or less, or a higher amount as established by regulation of the control commission, for which no extra charge is made at an assemblage, if the proceeds of such assemblage are devoted to the uses described in this section.

††††† d.†† The control commission shall adopt regulations permitting the 1supervision and1 conduct 1, among persons located in this State,1 of raffles remotely 1, to the extent that such raffles may practically be conducted remotely,1 using communication technology in a manner consistent 1with1 the provisions of P.L.1954, c.5 (C.5:8-50 et seq.) 1, to the extent that its application would not violate federal law or regulation, including the use of the United States Postal Service,1 and to the extent not inconsistent with the provisions of subparagraph A of paragraph 2 of Section 7 of Article IV of the New Jersey Constitution. Such technology shall comply with specifications prescribed by the commission and shall be approved by the commission prior to use.1[A licensee conducting a raffle pursuant to this subsection shall verify that the physical location of each participant, irrespective of the location of any server or intermediate routing of electronic data, is within a municipality in which the majority of voters voting therein voted in favor of the adoption of the provisions of P.L.1954, c.5 (C.5:8-50 et seq.) and in which such provisions are still in effect.]1 For the purpose of conducting raffles pursuant to this subsection, the location of the active member or other person approved by the control commission to hold, operate, or conduct the game shall be deemed the licensed premises 1and the only location at which the bingo or lotto is taking place1 . This subsection shall not be applicable to raffles conducted pursuant to section 1 of P.L.2018, c.79 (C.5:8-51.6).

††††† 1e.† Tickets for a raffle may be sold remotely to purchasers physically located within this State, using the Internet or other electronic means, in accordance with this subsection.† The sale and purchase of tickets remotely using the Internet or other electronic means shall be deemed to take place only at the location of the raffle regardless of a purchaserís physical location within this State, provided the personnel of the organization conducting the raffle, whether or not through a third-party vendor, is located in the location of the raffle at the time of sale.† An organization conducting a raffle in-person or remotely using the Internet or other electronic means shall establish and adhere to procedures and controls, including, but not limited to, the use of geolocation technology, approved by the commission that ensure, to the greatest extent possible, that raffle tickets will be sold only to persons physically located in this State.1

(cf: P.L.2015, c.80, s.1)

 

†††† 3.††† The rules and regulations established pursuant to this act, P.L.    , c.††† (pending before the Legislature as this bill) shall be effective immediately upon filing with the Office of Administrative Law for a period not to exceed 18 months, and may, thereafter, be amended, adopted or readopted in accordance with the provisions of the ďAdministrative Procedure Act,Ē P.L.1968, c.410 (C.52:14B-1 et seq.).

 

†††† 4.††† This act shall take effect immediately.