VOLUME 46, ISSUE 13
ISSUE DATE: JULY 21, 2014
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
LEGALIZED GAMES OF CHANCE CONTROL COMMISSION
Proposed Amendments: N.J.A.C. 13:47-1.1, 3.6, and 7.44
Bingo for Amusement and Recreation Only
Authorized By: Legalized Games of Chance Control Commission, Steve C. Lee, Acting Executive Officer.
Authority: N.J.S.A. 5:8-6 and P.L. 2012, c. 63.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2014-121.
Submit comments by September 19, 2014, to:
Legalized Games of Chance Control Commission
c/o Steve C. Lee, Acting Executive Officer
124 Halsey Street
PO Box 46000
Newark, NJ 07101
Or electronically at: www.NJConsumerAffairs.gov/proposal/comment/.
The agency proposal follows:
N.J.S.A. 5:8-24 et seq., the Bingo Licensing Law (Act), requires entities that seek to hold bingo games to register with the Legalized Games of Chance Control Commission (Commission) and obtain a license from the municipality in which the games will be held. Prior to amendment in 2012, N.J.S.A. 5:8-25.1 permitted senior citizen associations or clubs to obtain a special license to hold bingo games for the sole purpose of amusement or recreation. P.L. 2012, c. 63 amended N.J.S.A. 5:8-25.1. Under the amended law, any entity may hold a bingo game for amusement and recreation without the need to obtain a license or complying with the requirements of the Act. The Commission proposes to amend N.J.A.C. 13:47-1.1 and 3.6 to replace provisions dealing with special senior citizen bingo games with language stating any person, group, or organization may hold bingo for the purpose of amusement and recreation. The Commission also proposes to amend N.J.A.C. 13:47-7.44, which sets forth the requirements for obtaining a special senior citizen bingo license. The amendments delete reference to senior citizen bingo licenses and set forth the standards from P.L. 2012, c. 63 that any person, group, or organization must meet if they wish to hold bingo games without obtaining a license.
The Commission has determined that the comment period for this notice of proposal shall be 60 days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this notice is excepted from the rulemaking calendar requirement.
The Commission does not anticipate that the proposed amendments will have any impact on society.
The Commission does not anticipate that the proposed amendments will have any significant economic impact, as some municipalities may have charged a fee, but the Commission did not set any fees and is not aware of any specific fees that may have been charged.
Federal Standards Statement
A Federal standards analysis is not required because the proposed amendments are governed by N.J.S.A. 5:8-6 and are not subject to any Federal requirements or standards.
The Commission does not believe that the proposed amendments will increase or decrease the number of jobs in New Jersey.
Agriculture Industry Impact
The Commission does not believe that the proposed amendments will have any impact on the agriculture industry in the State.
Regulatory Flexibility Statement
It is possible that some of the entities that will hold bingo games pursuant to P.L. 2012, c. 63 pursuant to the proposed amendments could be considered "small businesses" under the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. The proposed amendments will not have any economic impact or require any entities to employ professional services. The proposed amendments do not impose any compliance, recordkeeping, or reporting requirements. Therefore, a regulatory flexibility analysis is not required.
Housing Affordability Impact Analysis
The proposed amendments will have an insignificant impact on affordable housing in New Jersey and there is an extreme unlikelihood that the proposed amendments would evoke a change in the average costs associated with housing because the proposed amendments concern bingo games held for amusement and recreation.
Smart Growth Development Impact Analysis
The proposed amendments will have an insignificant impact on smart growth and there is an extreme unlikelihood that the proposed amendments would evoke a change in housing production in Planning Areas 1 or 2, or within designated centers, under the State Development and Redevelopment Plan in New Jersey because the proposed amendments concern bingo games held for amusement and recreation.
Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
SUBCHAPTER 1. DEFINITIONS
13:47-1.1 Words and phrases defined
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:
. . .
["Special Senior Citizen Bingo" means any bingo game held, operated and conducted by a senior citizen association or club solely for the purpose of amusement and recreation of its members, where:
1. No player or other person furnishes something of value for the opportunity to participate;
2. The prizes offered or awarded are of nominal value;
3. No person other than a bona fide active member of the licensed organization participates in the conduct of the game or games; and
4. No person is paid for conducting or assisting in the conduct of the game or games.]
. . .
SUBCHAPTER 3. APPLICATIONS
13:47-3.6 Bingo and raffle; separate application and license[; special senior citizen bingo license]
[(a) A separate application for a Special Senior Citizen Bingo shall be filed with the clerk of the municipality where the games are to be held, operated or conducted. The license shall be valid for a period of two years.]
Recodify existing (b)-(f) as (a)-(e) (No change in text.)
SUBCHAPTER 7. CONDUCT OF BINGO
13:47-7.44 [Special license; senior citizen association or club; amusement] Bingo for amusement and recreation only
(a) [A special license shall be issued to any bona fide senior citizen association or club desiring to] Pursuant to N.J.S.A. 5:8-25.1, any person, group, or organization may hold, operate, or conduct bingo [solely] for the purpose of amusement and recreation [of its members] without obtaining a license if:
[1. The association or club holds a valid registration certificate issued by the Control Commission;]
[2.] 1. No player or other person furnishes [something] anything of value for the opportunity to participate;
[page=1677] [3.] 2. (No change in text.)
[4. No person other than a bona fide active member of the licensed organization plays, conducts or assists in the conduct of the game(s); and]
[5.] 3. No person is paid for conducting or assisting in the conduct of the game(s)[.]; and
4. The bingo game does not involve the use of a device:
i. Into which currency, coins, or tokens may be inserted;
ii. From which currency, coins, tokens, or any receipt for monetary value can be dispensed; or
iii. Which is capable of communicating with other such devices.
[(b) The special senior citizen bingo license shall be valid for a maximum period of two years or until suspended, revoked or modified by the Control Commission or the issuing municipality.]