ASSEMBLY, No. 4143

STATE OF NEW JERSEY

216th LEGISLATURE

 

INTRODUCED FEBRUARY 5, 2015

 


 

Sponsored by:

Assemblyman  JOSEPH A. LAGANA

District 38 (Bergen and Passaic)

Assemblywoman  L. GRACE SPENCER

District 29 (Essex)

Assemblyman  RAJ MUKHERJI

District 33 (Hudson)

Assemblyman  GORDON M. JOHNSON

District 37 (Bergen)

Assemblyman  SCOTT T. RUMANA

District 40 (Bergen, Essex, Morris and Passaic)

Assemblywoman  MARIA RODRIGUEZ-GREGG

District 8 (Atlantic, Burlington and Camden)

Assemblyman  REED GUSCIORA

District 15 (Hunterdon and Mercer)

Assemblyman  VINCENT MAZZEO

District 2 (Atlantic)

Senator  PETER J. BARNES, III

District 18 (Middlesex)

Senator  DAWN MARIE ADDIEGO

District 8 (Atlantic, Burlington and Camden)

 

Co-Sponsored by:

Assemblymen Eustace, Singleton, Wimberly, Coughlin, Russo, O'Scanlon, Assemblywoman Tucker, Assemblyman C.A.Brown, Assemblywoman Jimenez, Assemblyman Fiocchi, Assemblywoman McHose, Assemblyman Space and Assemblywoman Caride

 

 

 

 

SYNOPSIS

     Permits holders of certain alcoholic beverage licenses to be issued amusement game license and updates definition of recognized amusement park.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act permitting holders of certain alcoholic beverage licenses to be issued an amusement game license and updating the definition of a recognized amusement park and amending P.L.1959, c.109 and supplementing P.L.1959, c.108 (C.5:8-78 et seq.).

 

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

 

     1.    (New section)  The holder of a plenary retail consumption license, as defined in R.S.33:1-12, whose licensed premises is at least 20,000 square feet, shall be eligible to be issued for the licensed premises an amusement game license pursuant to P.L.1959, c.109 (C.5:8-100 et seq.), provided that the licensed premises includes at least 100 amusement games and all other requirements for licensure to conduct amusement games are met.

 

     2.    Section 2 of P.L1959, c.109 (C.5:8-101) is amended to read as follows:

     2.    It shall be lawful for the governing body of any municipality, at any time after this act shall become operative and except when prohibited by this act, to license the owner and operator of any amusement game or games, whether of skill or chance, or both and whether said game be played and operated with or without numbers or figures, to hold and operate such amusement game or games, which term is defined as a game or games played for amusement or entertainment, in which the person or player actively participates and the outcome of which is not in the control of the operator, and which is so conducted that the sale of a right to participate, the event which determines whether a player wins or loses and the award of the prize, all occur as a continuous sequence at the time when and place where the player or players are all present, provided that the same are to be held and operated at a recognized amusement park or at a seashore or other resort in that part thereof customarily constituting an amusement or entertainment area according to the customary understanding of said terms in the community, and provided that the same shall be held, operated and conducted pursuant to this act and such license and the license issued by the State Amusement Games Control Commissioner, as hereinafter provided, 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 Amusement Games Control Commissioner, not inconsistent with the provisions of this act, and for any person or persons to participate in and play such amusement games conducted under such licenses.

     “Recognized amusement park” means a commercially operated permanent business, open to the public at least 31 consecutive days annually, the location of which is designed and themed for the primary purpose of providing participatory amusements incorporating skill-based attractions, rides or water slides licensed in accordance with P.L.1975, c.105 (C.5:3-31 et seq.), and food and merchandise concessions in permanent structures. Nothing in this definition shall prevent a license from being issued in any location which has had a license issued prior to the effective date of P.L.    ,  c.     (C.     ) (pending before the Legislature as this bill).

     “Skill-based attraction” means an amusement utilizing a tangible object such as a ball, puck or other portable object either alone or in competition with other on-premises guests, or requiring the exertion of physical, aerobic activity, such as dancing, climbing, running, or jumping rope; or any amusement that is predominantly skill-based and can be played in competition with other on-premises guests.

(cf: P.L.1959, c.109, s.2)

 

     3. This act shall take effect immediately.

 

 

STATEMENT

 

     This bill provides that the holder of a plenary retail consumption license, which permits the sale of alcoholic beverages for consumption on the licensed premises and whose licensed premises is at least 20,000 square feet, would be eligible to be issued an amusement games license for that premises, provided that the licensed premises includes at least 100 amusement games and all other requirements for licensure to conduct amusement games are met. In addition, this bill codifies and updates the definition of “recognized amusement park” to change the term “acreage” to “location” and include “skill-based attractions.”      The bill would supersede an administrative rule, N.J.A.C.13:3-1.7, that currently prohibits the issuance of an amusement game license for a premises that is licensed to sell alcoholic beverages, and would codify and amend an administrative rule, N.J.A.C.13:3-1.1, to change acreage to location and include “skill-based attractions” in the definition of “recognized amusement park”