[HISTORY: Adopted by the Township Committee of the Township of Lumberton 4-1-1991 by Ord. No. 1991-3. Amendments noted where applicable.]
[Amended 10-6-1997 by Ord. No. 1997-21]
No person, firm, organization, group, joint venture or corporation shall operate or conduct within the Township of Lumberton, in the County of Burlington and State of New Jersey, any game of chance, as the same is defined in the Bingo Licensing Law (N.J.S.A. 5:8-24 to 5:8-49.11), the Raffles Licensing Law (N.J.S.A. 5:8-50 to 5:8-77), and the Amusement Games Licensing Law, N.J.S.A. 5:8-100 et seq., as the same may be hereinafter amended and supplemented, without first obtaining a license therefore issued by the Township of Lumberton. Said license shall be issued pursuant and subject to the provisions of the aforementioned statutes and the rules and regulations promulgated pursuant thereto or issued thereunder by the Legalized Games of Chance Control Commission or its successor. With regard to the Amusement Games Licensing Law, the Township of Lumberton hereby declares that this municipality contains a place where an agricultural fair and exhibition is held by an association organized for the purpose of holding agricultural fairs and exhibitions and which is approved by the State Department of Agriculture. This statement is made pursuant to provisions of N.J.S.A. 5:8-101 and N.J.A.C. 13:3-1.5(a)(1).
Each applicant for either a bingo or raffles license or any game of chance covered by the aforesaid statutes shall file with the Township Clerk/ Administrator a written application for the same as prescribed by the statutes referred to in the previous section and the rules and regulations promulgated or issued by the Legalized Games of Chance Control Commission.
Fees payable by law are as follows:
Bingo: $10 for each occasion on which any game or games of bingo are to be conducted under the license. Five dollars of the fee for each occasion shall be remitted to the municipality in which the application is filed, and the remaining $5 of the fee for each occasion shall be remitted to the Treasurer of the State of New Jersey.
On-premises draw raffle: $5 for each day on which the same is to be conducted under the license.
Non-draw raffle: $5 for all raffles concurrently held on any one day or any series of consecutive days not exceeding six in any one week at one location.
Special door-prize raffle for a value of merchandise under $50 and for which no license is required: no fee is payable.
For games of chance governed by the provisions of the Amusement Games Licensing Law, N.J.S.A. 5:8-100 et seq., each prospective licensee shall pay an annual fee, which shall not be prorated, of $25 per year, except that in the case of the Burlington County Farm Fair or such similar agricultural fair and exhibition the fee shall be $5 per license. Pursuant to the provisions of N.J.A.C. 13:3-1.8, a separate license shall be issued for each specific kind of game authorized to be held, operated and conducted on the licensed premises by the licensee except as otherwise provided by N.J.A.C. 13:3-7.9(a)(2).
[Added 10-6-1997 by Ord. No. 1997-21]
No licensee authorized by law shall hold, operate or conduct any game of chance at the place where the game of chance is being conducted under any license granted hereunder except between the hours of 1:00 p.m. and 11:00 p.m. the same day, all at prevailing time. No license shall be issued for the holding, operating or conducting of said game of chance on the first day of the week, commonly known as "Sunday," nor shall any license be issued for the holding, operating or conducting of said game of chance at any time during which a general, municipal, primary, special or board of education election is being held, while the polls are open for voting at such election.
Violations and penalties shall be as follows:
[Amended 8-3-1992 by Ord. No. 1992-6]
Maximum penalty. For violation of any provisions of this chapter, the maximum penalty, upon conviction, shall be a fine not exceeding $1,000 or imprisonment in the county jail for a term not exceeding 90 days or a period of community service not exceeding 90 days, or such combination of punishments as the Municipal Judge may, in his or her discretion, deem appropriate and just.
Separate violations. Each and every day in which a violation of any provision of this chapter exists shall constitute a separate violation.
Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation, except in those instances where state law mandates a minimum penalty to be imposed.
Minimum penalty. There shall be a minimum penalty of a fine fixed at an amount not exceeding $100.
Except for the aforesaid jail term, any firm, organization, group, partnership or corporation not coming under the classification of "person" shall also, upon conviction thereof, be subject to a fine not exceeding $1,000.
Any person, firm, organization, group, partnership or corporation who violates the terms of the statutes referred to in § 100-1 herein or the rules and regulations promulgated or issued pursuant to said statutes shall also be subject to the penalty provision stated in said statutes, rules and regulations.
Nothing herein contained shall limit or otherwise preclude the seeking of other criminal or civil penalties authorized by N.J.S.A. 5:8-111 or any other statute governing said conduct, but instead, such penalty shall be in addition to and shall supplement those set forth above. In addition, nothing herein contained shall be considered to preclude or supersede the ability of the municipality to institute disciplinary proceedings against any licensee in accordance with any rules and regulations promulgated by the Legalized Games of Chance Control Commission, and such disciplinary proceeding shall be in addition to and shall supplement any of the fines, violations and penalties described herein.
[Added 10-6-1997 by Ord. No. 1997-21]