ASSEMBLY, No. 94
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblymen ROONEY and RUSSO
An Act concerning smoking and amending and supplementing 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;
r. (Deleted by amendment, P.L.1991, c.182).
s. Prescribing the procedures for providing nonsmoking sleeping units in an approved hotel as required by section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) and establishing the guidelines for enforcing the provisions of that section.
(cf: P.L.1995, c.18, s.17)
2. (New section) An approved hotel as defined in sections 27 and 83 of the "Casino Control Act," P.L.1977, c.110, (C.5:12-27 and C.5:12-83) shall prohibit smoking in at least one-third of its sleeping units.
Enforcement of the provisions of this section shall be exclusively vested in the commission.
3. This act shall take effect immediately.
STATEMENT
This bill amends the "Casino Control Act," P.L.1977, c.110, (C.5:12-1 et seq.) by prohibiting smoking in at least one-third of the sleeping units contained in casino hotels. Enforcement of this nonsmoking provision is exclusively vested in the Casino Control Commission.
Prohibits smoking in one-third of casino hotel rooms.