N.J. Admin. Code § 13:3-1.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:3-1.1 - Definitions: location of games

(a) The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"Arcade" means a place where a single player may play any one of a number of machines or devices, upon payment of a fee, to attempt to obtain a prize or tickets or tokens redeemable for a prize, or to attempt to attain a score or result upon the basis of which a prize, ticket or token is awarded.

"Electronic amusement" means an amusement offered through an electronic device that allows a player to participate in a game of skill or chance through interaction with the device.

"Recognized amusement park" means a commercially operated permanent business, open to the public at least 31 consecutive days annually, the location of which is designed and themed for the primary purpose of providing participatory amusements incorporating skilled-based attractions, rides, or water slides, licensed, in accordance with N.J.S.A. 5:3-31, et seq., or electronic amusements, and food and merchandise concessions in permanent structures. Nothing in this definition shall prevent a license from being issued in any location that has had a license issued prior to April 3, 2023.

"Resort" means a place providing recreation and entertainment especially to visitors.

"Seashore resort" means a "resort" as defined in this subsection that borders tidal waters.

"Skill-based attraction" means an amusement utilizing a tangible object such as a ball, puck, or other portable object either alone, or in competition, with other on-premises guests, or requiring the exertion of physical, aerobic activity, such as dancing, climbing, running, or jumping rope, or any amusement that is predominantly skill-based and can be played either alone, or in competition, with other on-premises guests.

(b) No amusement games license shall be issued in any municipality unless:

1. Such municipality has authorized the licensing of amusement games by referendum in the 1959 general election or subsequent referendum pursuant to P.L. 1959, c.109; and

2. The premises to be licensed are situated at:

i. A recognized amusement park;

ii. A seashore or other resort but only in that part thereof customarily constituting an amusement or entertainment area according to the customary understanding of these terms in the community;

iii. A place where an association organized for the purpose of holding agricultural fairs and exhibitions that is approved by the State Department of Agriculture holds an agricultural fair and exhibition; or

iv. A bowling alley whose premises include: at least 16 United States Bowling Congress (USBC) sanctioned bowling lanes; a redemption center that is open at all times that the bowling alley is open to the public and at which players may exchange tickets they have won for prizes; and at least 40 amusement games, of which no more than 50 percent are games that allow a player to attempt to win merchandise by manipulating a mechanical claw or crane.

N.J. Admin. Code § 13:3-1.1

Amended by R.1988 d.227, effective 5/16/1988.
See: 20 N.J.R. 627(a), 20 N.J.R. 1085(a).
Added (a) Definitions and moved old (a) to (b).
Amended by R.2019 d.057, effective 6/3/2019.
See: 50 N.J.R. 1246(a), 51 N.J.R. 877(b).
In (a), in definition "Recognized amusement park", substituted "the location of which" for "whose acreage", inserted "skill-based attractions,", deleted a comma following "5:3-31", and substituted "that" for "which" and "May 16, 1988" for "(the effective date of this amendment)"; and added definition "Skill-based attraction".

Amended by 55 N.J.R. 603(a), effective 4/3/2023