ASSEMBLY, No. 498
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblyman ROBERTS
An Act concerning gaming and the consumption of alcoholic beverages by certain persons in casinos and amending P.L.1977, c.110.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 70 of P.L.1977, c.110 (C.5:12-70) is amended to read as follows:
70. Required Regulations. The commission shall, without limitation on the powers conferred in the preceding section, include within its regulations the following specific provisions in accordance with the provisions of this act:
a. Prescribing the methods and forms of application which any applicant shall follow and complete prior to consideration of his application by the commission;
b. Prescribing the methods, procedures and form for delivery of information concerning any person's family, habits, character, associates, criminal record, business activities and financial affairs;
c. Prescribing procedures for the fingerprinting of an applicant, employee of a licensee, or registrant, or other methods of identification which may be necessary in the judgment of the commission to accomplish effective enforcement of restrictions on access to the casino floor, the simulcasting facility, and other restricted areas of the casino hotel complex;
d. Prescribing the manner and procedure of all hearings conducted by the commission or any hearing examiner, including special rules of evidence applicable thereto and notices thereof;
e. Prescribing the manner and method of collection of payments of taxes, fees, and penalties;
f. Defining and limiting the areas of operation, the rules of authorized games, odds, and devices permitted, and the method of operation of such games and devices;
g. Regulating the practice and procedures for negotiable transactions involving patrons, including limitations on the circumstances and amounts of such transactions, and the establishment of forms and procedures for negotiable instrument transactions, redemptions, and consolidations;
h. Prescribing grounds and procedures for the revocation or suspension of operating certificates and licenses;
i. Governing the manufacture, distribution, sale, and servicing of gaming devices and equipment;
j. Prescribing for gaming operations the procedures, forms and methods of management controls, including employee and supervisory tables of organization and responsibility, and minimum security standards, including security personnel structure, alarm and other electrical or visual security measures;
k. Prescribing the qualifications of, and the conditions pursuant to which, engineers, accountants, and others shall be permitted to practice before the commission or to submit materials on behalf of any applicant or licensee; provided, however, that no member of the Legislature, nor any firm with which said member is associated, shall be permitted to appear or practice or act in any capacity whatsoever before the commission or division regarding any matter whatsoever, nor shall any member of the family of the Governor or of a member of the Legislature be permitted to so practice or appear in any capacity whatsoever before the commission or division regarding any matter whatsoever;
l. Prescribing minimum procedures for the exercise of effective control over the internal fiscal affairs of a licensee, including provisions for the safeguarding of assets and revenues, the recording of cash and evidence of indebtedness, and the maintenance of reliable records, accounts, and reports of transactions, operations and events, including reports to the commission;
m. Providing for a minimum uniform standard of accountancy methods, procedures and forms; a uniform code of accounts and accounting classifications; and such other standard operating procedures, including those controls listed in section 99a. hereof, as may be necessary to assure consistency, comparability, and effective disclosure of all financial information, including calculations of percentages of profit by games, tables, gaming devices and slot machines;
n. Requiring quarterly financial reports and the form thereof, and an annual audit prepared by a certified public accountant licensed to do business in this State, attesting to the financial condition of a licensee and disclosing whether the accounts, records and control procedures examined are maintained by the licensee as required by this act and the regulations promulgated hereunder;
o. Governing the gaming-related advertising of casino licensees, their employees and agents, with the view toward assuring that such advertisements are in no way deceptive; provided, however, that such regulations: (1) shall not prohibit the advertisement of casino location, hours of operation, or types of games and other amenities offered; (2) shall prohibit the advertisement of information about odds, the number of games, and the size of the casino or simulcasting facility; and (3) shall require the words "Bet with your head, not over it," or some comparable language approved by the commission, to appear on all billboards, signs, and other on-site advertising of a casino operation and shall require the words "If you or someone you know has a gambling problem and wants help, call 1-800 GAMBLER," or some comparable language approved by the commission, which language shall include the words "gambling problem" and "call 1-800 GAMBLER," to appear legibly on all print, billboard, and sign advertising of a casino operation; [and]
p. (Deleted by amendment, P.L.1991, c.182).
q. Concerning the distribution and consumption of alcoholic beverages on the premises of the licensee, which regulations shall be insofar as possible consistent with Title 33 of the Revised Statutes, and shall deviate only insofar as necessary because of the unique character of the hotel casino premises and operations; and
r. (Deleted by amendment, P.L.1991, c.182).
s. Prescribing procedures, including, but not limited to, random requests for proof of age, for effective identification of a person under the age at which a person is authorized by law to purchase and consume alcoholic beverages who enters or is present in a licensed casino or a simulcasting facility, other than a person licensed or registered under the provisions of the "Casino Control Act," P.L.1977, c.110 (C.5:12-1 et seq.), who enters or is present in a casino or a simulcasting facility in the regular course of the person's permitted activities.
(cf: P.L.1995, c.18, s.17)
2. Section 103 of P.L.1977, c.110 (C.5:12-103) is amended to read as follows:
103. Alcoholic Beverages in Casino Hotel Facilities.
a. Notwithstanding any law to the contrary, the authority to grant any license for, or to permit or prohibit the presence of, alcoholic beverages in, on, or about any premises licensed as part of a casino hotel shall exclusively be vested in the commission.
b. Unless otherwise stated, and except where inconsistent with the purpose or intent of this act or the common understanding of usage thereof, definitions contained in Title 33 of the Revised Statutes shall apply to this section. Any definition contained therein shall apply to the same word in any form.
c. Notwithstanding any provision of Title 33 of the Revised Statutes, the rules, regulations and bulletins promulgated by the director of the Division of Alcoholic Beverage Control, or any provision promulgated by any local authority, the authority to issue, renew, transfer, revoke or suspend a Casino Hotel Alcoholic Beverage License or any portion, location, privilege or condition thereof; to fine or penalize a Casino Hotel Alcoholic Beverage Licensee; to enforce all statutes, laws, rulings, or regulations relating to such license; and to collect license fees and establish application standards therefor, shall be, consistent with this act, exclusively vested in the commission or the division.
d. Except as otherwise provided in this section, the provisions of Title 33 of the Revised Statutes and the rules, regulations and bulletins promulgated by the Director of the Division of Alcoholic Beverage Control shall apply to a Casino Hotel and Casino Hotel Alcoholic Beverage Licensee licensed under this act.
e. Notwithstanding any provision to the contrary, the commission may promulgate any regulations and special rulings and findings as may be necessary for the proper enforcement, regulation, and control of alcoholic beverages in casino hotels when the commission finds that the uniqueness of casino operations and the public interest require that such regulations, rulings, and findings are appropriate. Regulations of the commission may include but are not limited to: designation and duties of enforcement personnel; all forms necessary or convenient in the administration of this section; inspections, investigations, searches, seizures; licensing and disciplinary standards; requirements and standards for any hearings or disciplinary or other proceedings that may be required from time to time; the assessment of fines or penalties for violations; hours of sale; sales in original containers; sales on credit; out-of-door sales; limitations on sales; gifts and promotional materials; locations or places for sale; control of signs and other displays; identification of licensees and their employees; employment of aliens and minors; storage, transportation and sanitary requirements; records to be kept by the Casino Hotel Alcoholic Beverage Licensees and availability thereof; practices unduly designed to increase consumption of alcoholic beverages; and such other matters whatsoever as are or may become necessary and consistent with the administration of this act.
Notwithstanding the foregoing, the commission shall promulgate regulations designed to prohibit the consumption of alcoholic beverages in a casino or simulcasting facility by a person under the age at which a person is authorized by law to purchase and consume alcoholic beverages. Such regulations shall provide for the assessment of penalties and fines for violations thereof, including, as appropriate, revocation of any license issued by the commission.
f. (1) It shall be unlawful for any person, including any casino licensee or any of its lessees, agents or employees, to expose for sale, solicit or promote the sale of, possess with intent to sell, sell, give, dispense, or otherwise transfer or dispose of alcoholic beverages in, on or about any portion of the premises of a casino hotel, unless said person possesses a Casino Hotel Alcoholic Beverage License.
(2) It shall be unlawful for any person issued a Casino Hotel Alcoholic Beverage License to expose, possess, sell, give, dispense, transfer, or otherwise dispose of alcoholic beverages, other than within the terms and conditions of the Casino Hotel Alcoholic Beverage License issued, the provisions of Title 33 of the Revised Statutes, the rules and regulations promulgated by the Director of the Division of Alcoholic Beverage Control, and, when applicable, the regulations promulgated pursuant to this act.
g. In issuing a Casino Hotel Alcoholic Beverage License the commission shall describe the scope of the particular license and the restrictions and limitations thereon as it deems necessary and reasonable. The commission may, in a single Casino Hotel Alcoholic Beverage License, permit the holder of such a license to perform any or all of the following activities, subject to applicable laws, rules and regulations:
(1) To sell any alcoholic beverage by the glass or other open receptacle, but not in an original container, for on-premise consumption within a casino or simulcasting facility; provided, however, that no alcoholic beverage shall be sold, given or be available for consumption; offered, delivered or otherwise brought to a patron; or consumed at a gaming table unless so requested by the patron.
(2) To sell any alcoholic beverage by the glass or other open receptacle for on-premise consumption within a casino hotel, but not in a casino or simulcasting facility, or from a fixed location outside a building or structure containing a casino but on a casino hotel premises.
(3) To sell any alcoholic beverage in original containers for consumption outside the licensed area from an enclosed package room not in a casino or simulcasting facility.
(4) To sell any alcoholic beverage by the glass or other open receptacle or in original containers from a room service location within an enclosed room not in a casino or simulcasting facility; provided, however, that any sale of alcoholic beverages is delivered only to a guest room or to any other room in the casino hotel authorized by the commission, other than any room authorized by the commission pursuant to paragraph (1), (3), or (5) of this subsection.
(5) To possess or to store alcoholic beverages in original containers intended but not actually exposed for sale at a fixed location on a casino hotel premises, not in a casino or simulcasting facility; and to transfer or deliver such alcoholic beverages only to a location approved pursuant to this section; provided, however, that no access to or from a storage location shall be permitted except during the normal course of business by employees or agents of the licensee, or by licensed employees or agents of wholesalers or distributors licensed pursuant to Title 33 of the Revised Statutes and any applicable rules and regulations; and provided further, however, that no provision of this section shall be construed to prohibit a Casino Hotel Alcoholic Beverage Licensee from obtaining an off-site storage license from the Division of Alcoholic Beverage Control.
h. (1) No Casino Hotel Alcoholic Beverage License which authorizes the sale of alcoholic beverages within a casino pursuant to subsection g.(1) of this section shall issue to any applicant who does not hold a casino license issued pursuant to this act.
(2) No Casino Hotel Alcoholic Beverage License which authorizes the possession, sale or storage of alcoholic beverages pursuant to subsection g.(2), (3), (4), or (5) of this section shall issue to any applicant who would not qualify under the standards for licensure of a casino service industry pursuant to subsection c. of section 92 of P.L.1977, c.110 (C.5:12-92).
(3) No Casino Hotel Alcoholic Beverage License which authorizes the possession or storage of alcoholic beverages pursuant to subsection g. of this section shall issue to any applicant who does not hold a Casino Hotel Alcoholic Beverage License, permitting any activity pursuant to subsection g.(1), (2), (3), or (4) of this section.
i. The commission may revoke, suspend, refuse to renew or refuse to transfer any Casino Hotel Alcoholic Beverage License, or fine or penalize any Casino Hotel Alcoholic Beverage Licensee for violations of any provision of Title 33 of the Revised Statutes, the rules and regulations promulgated by the Director of the Division of Alcoholic Beverage Control, and the regulations promulgated by the commission.
j. Jurisdiction over all alcoholic beverage licenses previously issued with respect to the casino hotel facility is hereby vested in the commission, which in its discretion may by regulation provide for the conversion thereof into a Casino Hotel Alcoholic Beverage License as provided in this section.
(cf: P.L.1993, c.292, s.22)
3. Section 119 of P.L.1977, c.110 (C.5:12-119) is amended to read as follows:
119. Gaming by Certain Persons Prohibited; Penalties; Defenses. a. No person under the age at which a person is authorized to purchase and consume alcoholic beverages shall enter, or wager or collect winnings from any game in, a licensed casino or simulcasting facility; provided, however, that such a person may enter a casino or simulcasting facility by way of passage to another room, and provided further, however, that any such person who is licensed or registered under the provisions of the "Casino Control Act," P.L.1977, c.110 (C.5:12-1 et seq.), may enter a casino or simulcasting facility in the regular course of the person's permitted activities. In addition to any other penalty provided by law, any winnings which are owed to the underage person by a licensed casino or a simulcasting facility as a result of wagers made in violation of this subsection shall be subject to forfeiture by order of the commission, on complaint of the division, following notice and opportunity to be heard. Of any forfeited amount under $100,000, one-half shall be deposited into the General Fund for appropriation by the Legislature to the Department of Health to provide funds for compulsive gambling treatment programs in the State and the remaining one-half shall be deposited into the Casino Revenue Fund; of a forfeited amount of $100,000 or more, $50,000 shall be deposited into the General Fund for appropriation by the Legislature to the Department of Health to provide funds for compulsive gambling treatment programs and the remainder shall be deposited into the Casino Revenue Fund.
b. Any licensee or employee of a casino who allows a person under the age at which a person is authorized to purchase and consume alcoholic beverages to remain in or wager in a casino or simulcasting facility is guilty of a disorderly persons offense; except that the establishment of all of the following facts by a licensee or employee allowing any such underage person to remain shall constitute a defense to any prosecution therefor:
(1) That the underage person falsely represented in writing that he or she was at or over the age at which a person is authorized to purchase and consume alcoholic beverages;
(2) That the appearance of the underage person was such that an ordinary prudent person would believe him or her to be at or over the age at which a person is authorized to purchase and consume alcoholic beverages; and
(3) That the admission was made in good faith, relying upon such written representation and appearance, and in the reasonable belief that the underage person was actually at or over the age at which a person is authorized to purchase and consume alcoholic beverages.
c. The commission shall assess such civil penalties as may be necessary to deter future violations upon any licensee or employee of a licensee who allows a person under the age at which a person is authorized by law to purchase and consume alcoholic beverages to remain in or wager in a casino or a simulcasting facility.
(cf: P.L.1993, c.292, s.30)
4. This act shall take effect immediately.
STATEMENT
This bill requires the Casino Control Commission to promulgate specific regulations to exclude more effectively from casinos persons under the age at which a person is authorized to purchase and consume alcoholic beverages, that is, the age of 21 years. Under current law, persons under 21 years of age are prohibited from entering and wagering at any game in a licensed casino or a simulcasting facility and any licensee or casino employee who allows an underage person to remain in a casino is guilty of a disorderly persons offense. The bill provides that the commission shall prescribe procedures for effective identification of persons under the age of 21 years beyond random requests for proof of age. The bill requires the commission to establish penalties and fines, including revocation of a liquor license, to strengthen the enforcement of the prohibition against the consumption of alcoholic beverages by persons under 21 years of age, including the consumption of complimentary alcoholic beverages.
The bill also requires that the commission assess such civil penalties as may be necessary to deter future violations by a casino licensee or employee for allowing an under-aged person to remain or wager in a casino and that any winnings of a person discovered to be under 21 years of age shall be forfeited to the State. At present, such winnings revert to the casino. Of any forfeited amount under $100,000, one-half shall be deposited into the General Fund for appropriation by the Legislature to the Department of Health to provide funds for compulsive gambling treatment programs in the State and the remaining one-half shall be deposited into the Casino Revenue Fund. Of a forfeited amount of $100,000 or more, $50,000 shall be deposited into the General Fund for appropriation by the Legislature to the Department of Health to provide funds for compulsive gambling treatment programs and the remainder shall be deposited into the Casino Revenue Fund.
Requires Casino Control Commission regulations and penalties to exclude more effectively minors from casinos.