[HISTORY: Adopted by the City Council of the City of Passaic 6-19-1975
by Ord. No. 297-75 as Section 4-17 of Chapter IV of this
Revised General Ordinances of the City of Passaic, 1975; amended in its entirety 9-23-1993
by Ord. No. 1242-93. Subsequent amendments noted where applicable.]
A.Â
No person shall within the limits of the City of Passaic:
(1)Â
Set up, keep, maintain or permit to be set up, kept or
maintained any game or contest of chance for the purpose of gambling involving
the exchange of money or goods or something of value in derogation of this
statute or any other statute of the State of New Jersey. Any game of chance
is forbidden on any sidewalk, street, road, avenue or other public or private
place or in or about any public or private building, schoolhouse, store or
place of amusement.
(2)Â
Deal, play or engage in a game of chance either as banker,
player, dealer or otherwise.
[1]
Editor's Note: Former § 153-2, Exception, was repealed 11-21-2006
by Ord. No. 1704-06.
As used in this chapter, the following terms shall have the meanings
indicated:
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.
Any device, machine, paraphernalia, equipment or cards which is used
or usable in the playing phases of any gambling activity.
Any contest, game, pool, gaming scheme or gaming device, including
but not limited to dice, craps, three-card monte, faro, roulette or any other
device in which the outcome depends on a material degree upon an element of
chance, notwithstanding that skill of the contestants or some other persons
may also be a factor therein.
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.
If a police officer of the Police Department shall have probable cause
to believe that any device or cards or other paraphernalia is used for gambling,
such device, cards or paraphernalia shall be seized and removed.
A.Â
For the first violation of any provision of this chapter,
the maximum penalty, upon conviction, shall be a fine not exceeding $1,002.
B.Â
For the second violation of any provision of this chapter,
the maximum penalty, upon conviction, shall be a fine not exceeding $500 and
imprisonment for not less than five days in county jail.
C.Â
For subsequent violations of any provision of this chapter,
the maximum penalty, upon conviction, shall be a fine not exceeding $1,000,
but not less than $750, and imprisonment for not less than 10 days in the
county jail.
[Added 11-21-2006 by Ord. No. 1704-06]
A.Â
The City Council shall review and approve applications
for bingo, raffle and all other games of chance licenses for 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, civil and service clubs,
senior citizen associations and clubs, officially recognized volunteer fire
companies, and officially recognized volunteer first aid or rescue squads.
B.Â
A special license shall be issued to any senior citizen
association or club desiring to hold, operate and conduct games of chance
solely for the purpose of amusement and recreation of its members as defined
in N.J.S.A. 5:8-51.1. A senior citizen special license shall be exempt from
the licensing provisions set forth in N.J.S.A. 5:8-50 et seq.
A bingo, raffle or other games of chance license may be suspended in
accordance with the procedures set forth in N.J.S.A. 5:80-57.
The following license fees shall be paid to the Legalized Games of Chance
Control Commission and to the City for issuance of the appropriate license:
A.Â
Bingo: $20 for each occasion.
B.Â
On-premises draw raffle for cash (50/50) or merchandise
(exceeding $400 total prize value): $20 for each day on which a drawing is
to be conducted under license.
C.Â
On-premises draw raffle for cash (50/50) or merchandise
(not exceeding $400 total prize value): no licensing fee. If the raffle should
exceed $400, then $20 shall be submitted at the time of filing a report of
operations.
D.Â
Off-premises draw raffle awarding merchandise as a prize
(for each $1,000 or part thereof): $20.
E.Â
Carnival games or wheel: $20 for each game or wheel held
on any one day, or any series of consecutive days not exceeding six at one
location.
F.Â
Off-premises cash (50/50) raffle: a fee of $20 at application;
if more than $1,000 is awarded in prizes, then $20 per $1,000 in awarded prizes
or part thereof.
G.Â
Special door prize raffle: no fee and no license, provided
the merchandise is wholly donated and has a retail value of less than $50.
NOTE: cannot be conducted when other games of chance are being conducted,
held or operated.
H.Â
Calendar raffle: $20 (for each $1,000 or part thereof
of the retail value of the prize).
J.Â
Golf hole-in-one: $20 (for each $1,000 or part thereof
of retail value of ancillary prizes).
K.Â
Armchair race: $50 per licensed day of operation.
L.Â
Casino nights: $100 per occasion.
Games of chance licensed pursuant to this article shall be permitted
any day of the week, including Sunday.
