[HISTORY: Adopted by the Township Council of the Township of Moorestown as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-5-2009 by Ord. No. 26-2009]
Editor's Note: This ordinance was approved at referendum 11-3-2009.
The purpose of this article is to regulate all games of chance held, operated or conducted within the Township of Moorestown, pursuant to Acts of the Legislature of the State of New Jersey known as the "Bingo Licensing Law," N.J.S.A. 5:8-24 et seq., and the "Raffles Licensing Law," N.J.S.A. 5:8-50 et seq., and in accordance with the rules and regulations issued or to be promulgated by the Legalized Games of Chance Control Commission within the Department of Law and Public Safety in the State of New Jersey (LGCCC). All applications, licenses and proceedings in connection therewith shall be subject to the provisions of such acts and any laws and rules and regulations hereafter enacted and shall be further subject to the provisions of this article.
It shall be lawful for the Municipal Clerk, except when prohibited by statute, to license bona fide organizations or associations of veterans of any war in which the United States has been engaged, churches or religious congregations and religious organizations, charitable, educational and fraternal organizations, civic and service clubs, senior citizen associations and clubs, officially recognized volunteer fire companies, and officially recognized volunteer first aid or rescue squads, to hold and operate the specific kind of game or games of chance commonly known as "bingo" and "raffles" when the entire net proceeds of such games of chance are to be devoted to educational, charitable, patriotic, religious or public-spirited uses, and in the case of senior citizen associations and clubs to the support of these organizations, and for any such organization or association, church, congregation, society, club, company or squad, when so licensed, to hold, operate and conduct such games of chance pursuant to the terms and conditions set forth in and by this article, the New Jersey Bingo and Raffles Licensing Laws, the LGCCC Law and the rules and regulations adopted and promulgated or to be promulgated or adopted by the New Jersey LGCCC but only when the entire net proceeds thereof are devoted to the uses aforesaid and for any person or persons to participate in and play such games of chance conducted under any such license.
No person, organization, association, club, fire company or squad shall operate or conduct within the Township of Moorestown any game of chance, as the same is defined in the Bingo Licensing Law (N.J.S.A. 5:8-24 et. seq.) and the Raffles Licensing Law (N.J.S.A. 5:8-50 et seq.) as the same may be hereinafter amended and supplemented, without first obtaining a license issued by the Township of Moorestown. 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 LGCCC or its successor.
Each applicant for either a bingo or raffle license or any game of chance covered by the aforesaid statutes shall file with the Municipal Clerk a written application on forms prescribed by and in conformance with the statutes referred to in the previous section and the rules and regulations promulgated or issued by the LGCCC.
The Municipal Clerk shall, in accordance with the Bingo and Raffles Licensing Laws and in accordance with the rules and regulations issued by the LGCCC, cause an investigation of the qualifications of each applicant and the merits of each application, with due expedition after the filing of the application. If he/she determines that the applicant is duly qualified to be licensed to hold, operate and conduct games of chance, he/she shall issue a license to the applicant for the holding, operation and conduct of the specific kind of games of chance applied for, accordingly, upon payment of the license fee or fees.
Each license shall be in such form as shall be prescribed in the rules and regulations promulgated by the LGCCC and shall contain a description of the kind of games of chance authorized to be held, operated and conducted thereunder; a statement of the name and address of the licensee; the names and addresses of the member(s) of the licensee under whom such games of chance will be held, operated and conducted; the number of times or the hours during which such games of chance are authorized to be conducted; the place(s) where and the date(s) and time(s) when such games of chance are to be conducted; the specific purposes to which the entire net proceeds of such games of chance are to be devoted; if any prize(s) is (are) to be offered and given in cash, a statement of the amounts of the prizes authorized so to be offered and given; and any other information which may be required by said rules and regulations to be contained therein, and each license issued for the conduct of any game or games of chance shall be conspicuously displayed at the place where the same is to be conducted at all times during the conduct thereof.
A special license shall be issued to any bona fide senior citizen association or club desiring to hold, operate or conduct games of chance solely for the purpose of amusement and recreation of its members if:
The association or club holds a valid registration certificate issued by the LGCCC;
No player or other person furnishes something of value for the opportunity to participate;
The prize(s) to be awarded are of nominal retail value;
No person other than a bona fide active member of the licensed organization plays, conducts or assists in the conduct of the game(s); and
No person is paid for conducting or assisting in the conduct of the game(s).
The special senior citizen license shall be valid for a maximum period of two years or until suspended, revoked or modified by the LGCCC or the issuing municipality.
Games of chance commonly known as "bingo" and "raffles," as provided by the Laws of the State of New Jersey 1954, Chapters 5 and 6, may be conducted on the first day of the week commonly known and designated as "Sunday," provided that the applicant for the license to conduct such game otherwise qualifies under the provisions of the aforementioned statutes of the State of New Jersey and the rules and regulations of the LGCCC and, specifically, provided that the organization conducting the games is a charitable, religious or other organization specifically qualifying under the provisions of the aforementioned statutes.
The issuing authority responsible for approving bingo and raffle licenses shall be the Municipal Clerk.
A municipal fee in an amount equal to the amount charged by the LGCCC shall be charged for each license and shall be due at the time the application is made. This fee is in addition to, separate and apart from, the fee charged by the LGCCC.
No person, organization, association, club, fire company or squad shall violate any of the terms or provisions of any one or more of the following:
Whenever the suspension or revocation of a license is to be considered, the rules set forth at N.J.A.C. 13:47-10 et seq. shall be followed.