SENATE, No. 1291
STATE OF NEW JERSEY
INTRODUCED JUNE 3, 1996
By Senator BASSANO
An Act concerning certain activities on premises licensed for the sale of alcoholic beverages and supplementing Title 33 of the Revised Statutes and amending N.J.S.2C:37-1.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. Notwithstanding the provisions of any law, rule or regulation to the contrary, the holder of a plenary retail consumption license or club license pursuant to R.S.33:1-12 or the holder of a social affair permit may sponsor, or permit the use of the licensed premises for, an event or function in which simulated gambling activity occurs provided the activity is presented only for entertainment.
b. As used in this act:
"Simulated gambling activity" means an activity which imitates a gambling game or horse racing and which may require the use of identical or similar equipment or paraphernalia, but which does not require payment of money or any other consideration to participate in the activity, other than the price of admission to an event or function which has a purpose other than the simulated gambling activity, and for which no prizes are awarded.
"Gambling game" means roulette, craps, baccarat, blackjack and any other game so designated as such by the Director of the Division of Alcoholic Beverage Control pursuant to rule and regulation. The term shall not include electronic games, including but not limited to, slot machines and video poker.
c. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the director shall promulgate rules and regulations to effectuate the purposes of this act.
2. N.J.S.2C:37-1 is amended to read as follows:
2C:37-1. The following definitions apply to this chapter and to chapter 64:
a. "Contest of chance" means any contest, game, pool, gaming scheme or gaming device in which the outcome depends in a material degree upon an element of chance, notwithstanding that skill of the contestants or some other persons may also be a factor therein.
b. "Gambling" means staking or risking something of value upon the outcome of a contest of chance or a future contingent event not under the actor's control or influence, upon an agreement or understanding that he will receive something of value in the event of a certain outcome. The term shall not include “simulated gambling activity” authorized pursuant to section 1 of P.L. c. (C. ) (now pending before the Legislature as this bill).
c. "Player" means a person who engages in any form of gambling solely as a contestant or bettor, without receiving or becoming entitled to receive any profit therefrom other than personal gambling winnings, and without otherwise rendering any material assistance to the establishment, conduct or operation of the particular gambling activity. A person who gambles at a social game of chance on equal terms with the other participants therein does not thereby render material assistance to the establishment, conduct or operation of such game if he performs, without fee or remuneration, acts directed toward the arrangement or facilitation of the game, such as inviting persons to play, permitting the use of premises therefor or supplying cards or other equipment used therein. A person who engages in "bookmaking" as defined in this section is not a "player."
d. "Something of value" means any money or property, any token, object or article exchangeable for money or property, or any form of credit or promise directly or indirectly contemplating transfer of money or property or of any interest therein, or involving extension of a service, entertainment or a privilege of playing at a game or scheme without charge. This definition, however, does not include any form of promise involving extension of a privilege of playing at a game without charge on a mechanical or electronic amusement device, other than a slot machine as an award for the attainment of a certain score on that device.
e. "Gambling device" means any device, machine, paraphernalia or equipment which is used or usable in the playing phases of any gambling activity, whether such activity consists of gambling between persons or gambling by a person involving the playing of a machine. Notwithstanding the foregoing, lottery tickets, policy slips and other items used in the playing phases of lottery and policy schemes or devices, paraphernalia or equipment used in simulated gambling activity pursuant to section 1 of P.L. , c. (C. ) ( now pending before the Legislature as this bill) are not gambling devices.
f. "Slot machine" means any mechanical, electrical or other device, contrivance or machine which, upon insertion of a coin, token or similar object therein, or upon payment of any consideration whatsoever, is available to play or operate, the play or operation of which, whether by reason of the skill of the operator or application of the element of chance, or both, may deliver or entitle the person playing or operating the machine to receive cash or tokens to be exchanged for cash, whether the payoff is made automatically from the machine or in any other manner whatsoever. A device so constructed, or readily adaptable or convertible to such use, is no less a slot machine because it is not in working order or because some mechanical act of manipulation or repair is required to accomplish its adaptation, conversion or workability.
g. "Bookmaking" means advancing gambling activity by unlawfully accepting bets from members of the public upon the outcome of future contingent events as a business.
h. "Lottery" means an unlawful gambling scheme in which (a) the players pay or agree to pay something of value for chances, represented and differentiated by numbers or by combinations of numbers or by some other media, one or more of which chances are to be designated the winning ones; and (b) the winning chances are to be determined by a drawing or by some other method based upon the element of chance; and (c) the holders of the winning chances are to receive something of value.
i. "Policy" or "the numbers game" means a form of lottery in which the winning chances or plays are not determined upon the basis of a drawing or other act on the part of persons conducting or connected with the scheme, but upon the basis of the outcome or outcomes of a future contingent event or events otherwise unrelated to the particular scheme.
j. "Gambling resort" means a place to which persons may resort for engaging in gambling activity.
k. "Unlawful" means not specifically authorized by law.
(cf: P.L.1982, c.60, s.1)
3. This act shall take effect immediately.
STATEMENT
This bill permits alcoholic beverage retail consumption licensees, club licensees and social affair permit holders to sponsor or permit the use of the licensed premises for an event or function in which simulated gambling activity occurs. These events are commonly advertised as video horse racing and casino nights, Monte Carlo nights or Las Vegas nights.
The bill defines "simulated gambling activity" as an activity which (1) imitates a gambling game or horse racing and which may require the use of identical or similar equipment or paraphernalia, but (2) does not require payment of money or any other consideration to participate in the activity, other than the price of admission to an event or function which has a purpose other than the simulated gambling activity, and (3) for which no prizes are awarded. The bill defines a gambling game as roulette, craps, baccarat, blackjack, and any other game designated as such by the Director of the Division of Alcoholic Beverage Control. Electronic games, including but not limited to, slot machines and video poker would not be permitted under the provisions of the bill.
The bill also provides that simulated gambling activities would not be considered gambling for purposes of chapter 37 of Title 2C (the State criminal code).
Permits certain simulated gambling on premises licensed to sell alcoholic beverages.