NEW JERSEY REGISTER
VOLUME 34, NUMBER 15
MONDAY, AUGUST 5, 2002
RULE ADOPTION

LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
LEGALIZED GAMES OF CHANCE CONTROL COMMISSION
RULES OF LEGALIZED GAMES OF CHANCE

Readoption with Amendments: N.J.A.C. 13:47

Proposed: March 4, 2002 at 34 N.J.R. 986(a).

Adopted: May 8, 2002 by the Legalized Games of Chance Control Commission, Marilou C. Halvorsen, Chairman.

Filed: July 12, 2002 as R.2002 d.258, with substantive changes not requiring additional public notice and comment (see N.J.A.C. 1:30-6.3).

Authority: N.J.S.A. 5:8-6.

Effective Date: July 12, 2002, Readoption;
August 5, 2002, Amendments.
Expiration Date: July 12, 2007.

Federal Standards Statement

A Federal standards analysis is not required because the adoption is governed by N.J.S.A. 5:8-6, and is not subject to any Federal requirements or standards.

Full text of the readoption can be found in the New Jersey Administrative Code at N.J.A.C. 13:47.

Full text of the adopted amendments follows:

<< NJ ADC 13:47-1.1 >>

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: ...

"Bingo board" means a board containing more than one bingo card.

"Bingo card" means a card containing five lines of numbers or other designations, five or more in one line, with each line being identified by a letter printed at the top of the line in the following order B, I, N, G, O. ...

"Registered organization" means an organization which has applied for, received and possesses a valid registration certificate bearing an identification number issued to it by the Legalized Games of Chance Control Commission. Only a registered organization is qualified, within the meaning of N.J.S.A. 5:8-60.3, to conduct raffles. ...

<< NJ ADC 13:47-4.9 >>

13:47-4.9 Licensing fees payable to the Control Commission

(a)-(b) (No change.)

(c) The licensing fees payable to the Commission are:

1. (No change.)

2. On-premises draw raffle for cash prizes (50/50) in excess of $400.00 or merchandise prices where the total combined retail value of prizes awarded is in excess of $400.00: $10.00 for each day on which a drawing(s) is to be conducted under the license;

3. On-premises draw raffle for cash prizes (50/50) that do not exceed $400.00 or merchandise prizes where the total combined retail value of prizes awarded does not exceed $400.00: no licensing fee. In the event the retail value of the prize(s) offered or awarded exceeds $400.00 in a raffle in which it was anticipated that the retail value would not exceed $400.00, the licensee shall submit a check or money order made payable to the Legalized Games of Chance Commission in the amount of $10.00 at the time of filing the report of operations required by N.J.A.C. 13:47-9 and if required, provide the licensing municipality with any additional fees due, together with a copy of the Report of Raffle Operations;

4.-5. (No change.)

6. Off-premises cash (50/50) raffle: a $10.00 fee shall be paid at the time the application is filed. In the event the awarded prize exceeds $1,000, then an additional fee of $10.00 for each $1,000 or part thereof in value of the awarded prize in excess of $1,000 shall be forwarded to the Control Commission by check payable to the Legalized Games of Chance Control Commission together with the Report of Operations as required by N.J.A.C. 13:47-9 and if required, any additional fees due, together with a copy of the Report of Raffle Operations shall be provided to the licensing municipality;

7. Special door prize raffle: no fee is payable and no license is required, provided the merchandise is wholly donated, has a total retail value of less than $50.00, and the raffle is conducted in accordance with N.J.A.C. 13:47- 3.11 and 8.15;

8.-10. (No change.)

(d) (No change.)

<< NJ ADC 13:47-6.11 >>

13:47-6.11 Frequency and location of games

(a) No registered organization shall conduct any game(s) of chance more often than as set forth in this section:

1. (No change.)

2. On-premises draw raffles awarding either cash or merchandise as prizes shall not be conducted more often than six days in any one week.

3. Off-premises draw raffles awarding merchandise prizes shall not be conducted more often than six days in any one week.

4. Non-draw raffles (wheels and games) shall not be conducted more often than six days in any one week.

5.-9. (No change.)

(b)-(c) (No change.)

(d) A game licensed pursuant to the provisions of the Bingo Licensing Law, N.J.S.A. 5:8-24 et seq., or the Raffles Licensing Law, N.J.S.A. 5:8-50 et seq., and this chapter shall only be held, operated or conducted, including the sale of a ticket, share or right to participate in the game, in a municipality in which the voters have approved a referendum making the applicable law operable in that municipality.

<< NJ ADC 13:47-6.12 >>

13:47-6.12 Expenses: payment requirements

(a)-(e) (No change.)

(f) The registered organization shall pay for all services rendered and equipment used in or in connection with the holding, operating or conducting of a game licensed pursuant to the provisions of the Bingo Licensing Law, N.J.S.A. 5:8-24 et seq., or the Raffles Licensing Law, N.J.S.A. 5:8-50 et seq., and this chapter no later than 60 days from the date upon which the service is rendered or the equipment is delivered or provided to the registered organization except, when equipment is rented, leased or purchased on conditional sale or on any other installment purchase arrangement in accordance with a written agreement filed with the Control Commission.

<< NJ ADC 13:47-6.20 >>

13:47-6.20 Prohibited prizes (

a) No licensee shall offer or award any prize consisting of real estate or any interest therein, bonds, shares of stock, securities or evidences of indebtedness, weapons, live animals (except a gift certificate redeemable for live, edible seafood) alcoholic beverages, foreign or domestic coins (except collector pieces or sets that are marketed as such and are clearly not intended for use as legal tender) tobacco products, motor vehicle leases, or any merchandise refundable in any of the foregoing or as money or cash.

(b) (No change.)

<< NJ ADC 13:47-6.24 >>

13:47-6.24 (Reserved)

<< NJ ADC 13:47-7.5 >>

13:47-7.5 Charge for playing bingo

(a)-(d) (No change.)

(e) The charge for admission to the room or place where bingo is to be played and for any card(s) to participate in all games played on the occasion may be accepted in advance of the time and date bingo is to be played, provided a receipt is given to the purchaser upon payment of the charge, containing at least the following information:

1. The name of the registered organization holding, operating and conducting the bingo occasion and the identification number issued to it by the Control Commission;

2. The municipal license number issued for the occasion, and the date, time and place of the occasion; and

3. The price paid and the goods, wares or merchandise to be received for that price.

(f) No charge for the playing of bingo shall be made or accepted in any municipality which has not adopted the Bingo Licensing Law.

(g)-(h) (No change.)

<< NJ ADC 13:47-7.9 >>

13:47-7.9 Equipment; general operation of bingo

(a)-(d) (No change.)

(e) When a player achieves bingo, it shall be that player's responsibility to declare bingo loud enough for the caller to hear and so that the calling of numbers is stopped. If the player fails to do so and another number(s) is called, the player who had bingo and failed to make his or her bingo known to the caller shall share the prize with any player(s) who achieved bingo on the call of the additional number(s). If the last number called is required to win the game, the player who did not make his or her bingo known prior to the call of an additional number shall not be entitled to any portion of the prize.

(f) If a player is required to achieve bingo in a pre-designated number of numbers called and the player fails to make his or her bingo known to the caller until after that number of calls has been exceeded, the player shall not be entitled to the prize offered for achieving bingo in the pre-determined number of calls.

(g) Whenever a player declares bingo, the caller shall not modify the operation of the ball selection device until the card is verified as a winner. In the event the declaration of bingo was made in error the caller shall continue the game by calling the number that was next to be called prior to the erroneous declaration of bingo.

(h) No licensed organization shall reserve or allow to be reserved any specific bingo card for use by players except modified cards for use by legally blind or otherwise disabled players. Nothing in this subsection shall be construed to prohibit the acceptance of the charge for admission to the room or place where bingo is to be played or for cards to participate in any game played on a bingo occasion in advance of the time or date of the occasion provided a receipt in the form prescribed in N.J.A.C. 13:47-7.5(b) is issued to the purchaser.

(i)-(j) (No change.)

(k) All cards to participate in any bingo game shall be purchased prior to the call of the first number in the game. A card purchased after the call of the first number in the game shall not be valid in that game and the holder of the card shall not be eligible for any portion of the prize offered in that game.

(l) In a multi-part game, the order in which the parts of the game were announced before the game began is the order in which the game shall be played. Each part of the game shall be played to conclusion and the winner(s) awarded the prize(s) before continuing to the next part of the game. If a player achieves a bingo in a part of the game other than the part being played, which has not been closed, the player shall wait until the caller opens the part of the game in which he or she has achieved bingo and declare bingo prior to the call of the first number in that part of the game.

(m) In a multi-part game, if a player declares bingo when the caller opens a particular part of the game, no additional number shall be called until the bingo is either verified or rejected as erroneous. If the bingo is verified the caller shall proceed to close that part of the game and award the prize. If the bingo is erroneous, the caller shall continue to call numbers until a winner(s) is declared.

<<NJ ADC 13:47-7.12 >>

13:47-7.12 Alternate prizes

(a) Within the limits contained in N.J.A.C. 13:47-7.2, alternate prizes may be offered depending upon the number of calls within which bingo is reached, provided the application for bingo license and the license so specify.

(b) (No change.)

(c) Within the limits contained in N.J.A.C. 13:47-7.2, the prizes offered may be varied depending upon the number of people who attend the occasion, provided the application for bingo license and the bingo license so specify.

(d) If a licensee avails itself of the provisions of this section, it must announce at the beginning of each game the number of people present and the prizes to be awarded.

<< NJ ADC 13:47-7.14 >>

13:47-7.14 Determination of winner

(a)-(b) (No change.)

(c) When a player declares "bingo," the usher shall announce the serial number and color of the card and the numbers on the card which confirm it as a winner of the game. The caller shall repeat the numbers announced by the usher and verify or reject the card presented as a winner. In the event an electronic verifier is used, which contains the identical permutations as those on the cards in play, it is permissible for the usher to substitute the permutation number of the card for the numbers contained in the arrangement of numbers required to win the game, provided a screen displaying a reproduction of the card presented as a winner is visible to the players.

(d) When a winner of a bingo game is determined, the caller shall announce to the players present, "Are there any other winners?" If there are no other winners, the caller shall then state, "I declare this game closed," and shall proceed to award the prize.

(e) No person shall be entitled to share the designated prize unless he or she shall have declared bingo and his or her card determined to be a winner prior to the announcement that the game has been closed.

(f) If it is determined that a player(s) has won a bingo game on two or more identical bingo cards containing <<-the same permutation number or->> the identical arrangement of numbers (duplicate cards), the licensed organizations shall pay each winning duplicate card the full amount of the offered prize. If another winning card(s) is presented, which is not a duplicate card, when calculating the prize amount to be awarded to each winner the duplicate cards shall be counted as one winner<<-, and the full amount of the prize will be shared between the duplicate card holders->>. <<+For example, if there are four winning cards and two of those cards are duplicate cards, the licensed organization shall divide the prize amount offered by three and award one-third of the prize amount to each of the four winners. In this case, the licensed organization shall pay out one and one-third of the amount of the prize offered.+>>

<< NJ ADC 13:47-7.15 >>

13:47-7.15 Prize availability

(a) (No change in text.)

<< NJ ADC 13:47-7.18 >>

13:47-7.18 Physical presence

(a)-(b) (No change.)

(c) No persons shall be admitted to the room or area where bingo is held, operated or conducted, except a person who has paid the charge for admission, a person authorized to conduct or assist in the conduct of the game or a person approved to provide a service in or in connection with the game.

(d) (No change.) << NJ ADC 13:47-7.20 >> 13:47-7.20 (Reserved)

<< NJ ADC 13:47-7.23 >>

13:47-7.23 Selection of cards

(a) Each player shall have the right to select his or her own card or cards for regular games from the deck, group or series of cards and shall be entitled to select any card in the deck, group or series of cards that has not already been selected by a player.

(b) A specific card shall not be reserved for any player except for legally blind or otherwise disabled players.

<< NJ ADC 13:47-8.5 >>

13:47-8.5 Method of determining winners; announcement

(a)-(e) (No change.)

(f) Notwithstanding the provisions of N.J.A.C. 13:47-8.12, upon verification of a winning ticket, the registered organization shall immediately award the prize.

<< NJ ADC 13:47-8.9 >>

13:47-8.9 Form of ticket; approval

(a)-(b) (No change.)

(c) No raffle tickets may be sold under any license until the municipal clerk has approved the form of the ticket and has so advised the licensee. At least 14 days shall have elapsed between the time the municipal clerk forwards the application and licensing fee to the Control Commission and approval of the form of the ticket is given.

(d) (No change.)

<< NJ ADC 13:47-14.3 >>

13:47-14.3 Regulations concerning rentals

(a)-(b) (No change.)

(c) No rentor shall rent, or allow the use of, any premises for bingo to be conducted by a licensed organization unless such rentor is either itself a qualified organization holding a valid license issued by a municipality in this State for the conduct of bingo for a period including the date of such rental or use, or is a licensed rentor holding a valid license issued by the Commission for the specific premises.

(d)-(e) (No change.)

(f) No agreement for the rental or use of any premises for bingo shall be valid unless the same shall contain the following provisions, terms and conditions:

1.-9. (No change.)

10. That except as provided in N.J.A.C. 13:47-6.13 and 6.14, neither the renter nor the owner of the premises will in any way advertise or announce, or allow any other person to advertise or announce, by any means which come to the attention of the public, that the premises are used, or are available for rental or use for the conduct of bingo;

11. (No change.)

(g)-(q) (No change.)


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