ASSEMBLY, No. 3525

STATE OF NEW JERSEY

215th LEGISLATURE

 

INTRODUCED DECEMBER 6, 2012

 


 

Sponsored by:

Assemblyman  JOHN F. AMODEO

District 2 (Atlantic)

Assemblyman  CHRIS A. BROWN

District 2 (Atlantic)

 

 

 

 

SYNOPSIS

     Provides that participation by New Jersey residents in certain cooking or baking contests does not constitute unlawful gambling.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act providing that participation by New Jersey residents in certain cooking or baking contests does not constitute unlawful gambling and supplementing Title 2C of the New Jersey Statutes.

 

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

 

     1.    Notwithstanding the provisions of any other law to the contrary, participation by a New Jersey resident in a competitive cooking or baking contest in which a participant pays a fee in order to enter a cooked or baked good, or a recipe for such a cooked or baked good, that has been personally prepared or created by the participant, for the opportunity to win a monetary prize or something else of value shall not be considered a game of chance, shall not constitute unlawful gambling under the laws of this State, and shall not subject the participant or the sponsor of the contest, or any officer, employee, or agent of the sponsor, to any civil or criminal liability under the laws of this State that prohibit gambling, provided that the winner or winners of the contest are selected solely on the quality of the cooked or baked good or recipe as determined by a panel of judges using uniform criteria to assess the quality of the cooked or baked goods or recipes entered in the contest.

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill provides that participation by a New Jersey resident in a competitive cooking or baking contest in which a participant pays a fee to enter a cooked or baked good, or a recipe for a cooked or baked good, that was prepared or created by the participant, for the opportunity to win a monetary prize or something else of value is not a game of chance, does not constitute unlawful gambling under the laws of this State, and will not subject the participant or the sponsor of the contest, or any officer, employee, or agent of the sponsor, to any civil or criminal liability under the laws of this State that prohibit gambling.  The winner or winners of the contest must be selected solely on the quality of the cooked or baked good or recipe as determined by a panel of judges using uniform criteria to assess the quality of the cooked or baked goods or recipes entered in the contest.

     The bill addresses the reluctance of certain sponsors of cooking or baking contests to accept entries from New Jersey residents because they believe that to do so may violate New Jersey’s gambling laws.  The confusion on this point apparently is the result of a misinterpretation of New Jersey case law that addresses gambling.  Under the bill, New Jersey cooks and bakers would be free to participate in these contests and sponsors of cooking and baking contests, held here or elsewhere, could accept entries from New Jersey cooks and bakers, without fear that this activity will constitute unlawful gambling under New Jersey law.