N.J. Admin. Code § 13:47-1.1

Current through Register Vol. 56, No. 19, October 7, 2024
Section 13:47-1.1 - Words and phrases defined

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

"Authorized purpose" means an educational, charitable, patriotic, religious, or public-spirited purpose, which terms are defined to be the purpose of benefiting an indefinite number of persons either by bringing their minds or hearts under the influence of education or religion, by relieving their bodies from disease, suffering, or constraint, by assisting them to establish themselves in life or by erecting or maintaining public buildings or works, or otherwise lessening the burden of government or, in the case of an organization or association of veterans or a senior citizen association or club, the support of such organization, association, or club. Authorized purpose includes capital improvements to a facility owned by the licensee as limited by 13:47-6.3. Authorized purpose does not include the erection or acquisition of property, real, personal, or mixed, unless such property is and shall be used exclusively for one or more of the purposes hereinabove stated.

"Authorized use" means the use of funds for an authorized purpose.

"Balanced" means the wheel is so installed as to give each section or subsection on the wheel an equal opportunity to win.

"Big six wheel" means a wheel having a 60-inch diameter, manufactured to have 60 sections of equal size on the face of the wheel. Each section of the wheel contains three dice with one side of each of the three dice bearing one of the numbers 1 through 6. The wheel has a laydown containing the numbers 1 through 6.

"Bingo" means a specific kind of game of chance played for prizes with cards bearing numbers or other designations five or more in one line, the holder covering numbers, as objects, similarly numbered, are drawn from a receptacle and the game being won by the person who first covers a previously designated arrangement of numbers on such card, by selling tickets or rights to participate in such games.

"Bingo board" means a paper sheet containing more than one bingo card.

"Bingo card" means a card or the electronic representation of a card stored in an electronic card minding device containing five lines of numbers or other designations, five or more in one line, with each line being identified by a letter printed at the top of the line in the following order B, I, N, G, O.

"Bingo equipment" means the receptacle and numbered objects to be drawn from it, the master board upon which such objects are placed as drawn, the cards or sheets bearing numbers or other designations to be covered and the objects used to cover them, the boards or signs, however operated, used to announce or display the numbers or designations as they are drawn, public address systems, and all other articles essential to the operation, conduct and playing of bingo, including electronic card minding systems.

"Bingo equipment provider" means any person licensed by the Control Commission to provide equipment for use in, or in connection with, the holding, operating or conducting of bingo games.

"Bingo occasion" means a single gathering or session at which a series of successive bingo games is played not to exceed 35 in number.

"Calendar raffle" means an off-premises draw raffle in which calendars bearing non-repeating consecutive numbers are sold. A specific cash or merchandise prize is designated for each date on the calendar upon which a prize(s) is to be awarded. The winners are determined by drawing from a container, objects bearing numbers matching the non-repeating numbers on all calendars sold.

"Capital improvements" means the improvement, maintenance or repair of a facility.

"Card" means a non-reusable card which is indelibly marked by the player upon which bingo is played.

"Check sum" or "digital signature" means a method by which data, as in a software application, is expressed in a calculated number which is used to verify the accuracy of the data or a copy of the data.

"Compensated worker" means a person licensed by the Control Commission to be compensated for holding, operating or conducting, or assisting in the holding, operating or conducting games of chance for a registered organization, or an auxiliary or affiliated organization, of which the person is not a member.

"Consolation prize" means 25 percent of the gross receipts derived from the sale of cards to participate in a Progressive Jackpot Bingo Game on each occasion.

"Control Commission" means the Legalized Games of Chance Control Commission.

"Deal" means a package sealed by the manufacturer consisting of one game of instant raffle tickets with the same serial number.

"Distributor" means any person who sells, offers to sell or otherwise provides to a registered organization, any instant raffle ticket or any equipment or device to be used in, or in connection with, an instant raffle game.

"Draw raffle" means a raffle in which the winners are determined by drawing from a container having counterparts of all tickets sold.

"Duck race raffle" means a variation of an off-premises draw raffle wherein a player is sold a ticket, share or right to participate. Game pieces representing all tickets, shares or rights to participate are released into a running waterway which has been barricaded in an acceptable form to create a gate which will permit the passage of only one game piece at a time. The winner is the holder of the ticket, share or right to participate on which is printed the number that corresponds with the number on the game piece that passes through the gate in the predetermined sequence required to win a particular prize.

"Electronic card minding device" or "card minding device" means an electronic device that is used by a bingo player to mark representations of bingo card faces stored in the device.

"Electronic card minding system" means an electronic games of chance system used to conduct bingo games which consists of electronic card minding devices and a site system.

"Electronic device" means that component of an electronic games of chance system consisting of a computerized device that is used by a player to play a game of chance using proprietary software and hardware separately or in conjunction with commonly available software and computers.

"Electronic games of chance system" means any electronic or computerized device and related hardware and software that is interfaced with or connected to equipment used to conduct games of chance.

"50/50 bingo game" means a bingo game played on non-reusable cards that are permanently marked wherein the prizes awarded are 50 percent of the gross receipts derived from the sale of cards for participation in the game.

"50/50 bingo game prize" means 50 percent of the gross receipts from the sale of all cards to participate in the game.

"Flare" means the information sheet provided by the manufacturer that describes a particular instant raffle or punch-board game.

"Form number" means a unique number used by the manufacturer of instant raffle tickets to identify the type of game, price to play and the prize structure.

"Golf Hole-in-One Contest" means a golf-like game categorized as a non-draw raffle in which a participant pays a fee for the right to drive a golf ball from a tee into a golf hole in an area known as or similar to a "green" on a golf course by striking it one time. The grand prize winner(s) is the player(s) whose ball lands in the grand prize hole in one stroke in the final phase of play. These contests may be conducted as multiple day events having qualifying phases where participants qualify for the final phase. Participants may also qualify to win ancillary prizes for other accomplishments.

"Goods, wares and merchandise" means prizes, equipment as defined in this section, chairs and tables, and articles of a minor nature such as pencils, crayons, tickets, envelopes, paper clips and coupons necessary to the conduct of games of chance.

"Horse race wheel" means a wheel having a 60-inch diameter, manufactured to have on its face 10 sections each of which contain six subsections which subsections are located on the outer rim of the wheel. Each section bears a number from 1 through 10 together with a picture of a horse. Each of the six subsections located along the outer rim of the wheel and contained in each of the 10 sections determines the odds to be paid to a winner and shows the following payoff odds: 7 to 1, 6 to 1, 5 to 1 and 4 to 1 and two of the six subsections show 3 to 1 payoff odds. The wheel has a laydown with the numbers 1 through 10 which corresponds with the numbers displayed on the pictorial of the horse in each of the 10 sections on the face of the wheel.

"Ideal gross receipts" means the gross receipts derived from a deal if all of the instant raffle tickets in the deal are sold.

"Ideal net receipts" means the ideal gross receipts minus the prizes awarded.

"Instant raffle equipment" means any ticket, equipment or device designed and approved for use in conducting, or in connection with the conduct of, any instant raffle game.

"Instant raffle equipment supplier" means any distributor or manufacturer licensed by the Control Commission to provide instant raffle equipment or services.

"Instant raffle game" or "pull tab" means a non-draw raffle game in which a player purchases shares, tickets or rights to participate which are drawn or selected at random from a single finite deal and the winner(s) is determined by a previously determined prize designation which has been obscured from the player's view until a tab or other opaque covering has been removed.

"Instant raffle ticket" means a folded and banded paper ticket or a paper card with perforated break-open tabs, the face of which is covered or otherwise hidden from view to conceal a number, letter, symbol, or set of numbers, letters or symbols, some of which have been designated in advance as prize winners.

"Issuing authority" means the governing body of a municipality or a person to whom a municipal governing body has delegated by ordinance the authority to approve the granting of raffle and bingo licenses.

"Laydown" means the shelf area in the front of a booth containing a raffle wheel divided into sections each of which bears a number or symbol corresponding to a number or symbol on the wheel upon which participants place their wagers.

"Manufacturer" means a person who assembles from raw materials, supplies or subparts, any ticket, equipment or device used in connection with the holding, operating or conducting of any instant raffle game.

"Merchandise" means any objects, wares, goods or commodities not specifically prohibited by this chapter.

"Model number" means a name and/or number designated by the manufacturer that indicates the unique structural design of an electronic games of chance system or system component.

"Multi-color bingo game" means a game played on a minimum of six non-reusable cards, three of which are one color, two of which are a different color and one of which is a third color, which are indelibly marked wherein the prize(s) are a percentage of the gross receipts derived from the sale of cards to participate in the game and are determined by the color of the card upon which the player achieves bingo. If a player achieves bingo on a card in the group of three cards of the same color that player wins 25 percent of the prize pool. If a player achieves bingo on one of the two cards of the same color, that player wins 50 percent of the prize pool. If a player achieves bingo on the single card having the third color, that player wins 75 percent of the prize pool.

"Multi-color bingo prize pool" means the gross receipts derived from the sale of cards to participate in the multi-color bingo game. Prizes of 75 percent, 50 percent and 25 percent of the prize pool are awarded to the winner(s) of the multi-color bingo game based upon the specific category of the card on which the winner(s) achieve bingo.

"Net proceeds," as pertains to bingo, means the gross income received from all activities engaged in on an occasion when bingo is played, less only such actual expenses incurred as are authorized in the Bingo Licensing Law and this chapter.

"Net proceeds," as pertains to raffle, means the gross income from the sale of tickets or rights to participate in a raffle, whether sold in advance of the occasion or not, less only such actual expenses incurred as are authorized in the Raffles Licensing Law and this chapter. In the case of a special door prize raffle, "net proceeds" means the entire net income derived from the assemblage at which such raffle is held.

"Nominal" means that the value of individual prizes does not exceed $ 20.00 and the total value of prizes awarded at the occasion does not exceed $ 50.00.

"Non-draw raffle" means a raffle conducted by means other than drawing from a container having therein the counterparts of all tickets or rights to participate, that is, any wheel or game approved by the Control Commission to be licensed as an allotment of a prize(s) by chance.

"Off-premises draw raffle" means a raffle conducted by a drawing, for a merchandise prize(s), with respect to which tickets may be sold in advance of the occasion of the drawing and the winner(s) need not be present to win.

"Off-premises 50-50 raffle" means a raffle conducted by a drawing for a cash or money prize or prizes, with respect to which tickets may be sold in advance of the occasion of the drawing and the winner(s) need not be present to win, the prize or prizes equaling 50 percent of the amount received for all tickets or rights to participate.

"On premises draw raffle" means a raffle conducted by a drawing for a merchandise prize or prizes, with respect to which all tickets are sold only to persons present at the place of the drawing, the winner(s) determined and the prize(s) awarded to a person or persons present at the drawing.

"On-premises 50-50 raffle" means a raffle conducted by a drawing for cash or money prizes, with respect to which all tickets are sold only to persons present at the place of the drawing, the winner(s) determined and the prize(s) awarded equaling 50 percent of the amount received for all tickets or rights to participate.

"Permutation number" means a number assigned by a manufacturer to identify a pattern of numbers on a bingo card.

"Person" means a natural person, firm, association, corporation or other legal entity.

"Player tracking software" means computer software that may be located on an electronic games of chance system that is used to identify or track certain characteristics of players, including personal data and purchasing habits of players at premises at which games of chance are played.

"Predraw bingo game" means a bingo game played on a non-reusable card which is indelibly marked. A predesignated number of numbers are drawn by the licensee prior to the purchase of cards by the player(s). The cards used are sealed so that the face of the card is undetectable prior to purchase. The prize is determined by a percentage of the gross receipts derived from the sale of cards to participate in the game. The maximum prize is awarded to the player(s) who achieves bingo with the predrawn numbers. The prize is reduced as additional numbers are called.

"Progressive jackpot bingo game" means a bingo game played on a non-reusable card which is indelibly marked, wherein the prize(s) is determined by a percentage of the gross receipts derived from the sale of cards to participate in the game. The jackpot prize winner is the player(s) who completes a full card pattern within a pre-designated number of numbers called. The jackpot game shall on all occasions be played to a conclusion and except for the occasion upon which the jackpot prize is won, award a consolation prize to the player(s) who completes the full card pattern notwithstanding the number of calls in excess of the predesignated number of calls permitted to win the jackpot prize.

"Progressive jackpot prize" means 50 percent of the gross receipts derived from the sale of cards to participate in a progressive jackpot bingo game on the occasion it is won and all previous occasions in the particular progression.

"Punch-board" means a board with a number of openings of uniform size in which the manufacturer placed, at random, slips of paper, or other substances or punches imprinted with numbers or symbols; where a flare or face sheet covers the openings and sets out the winning numbers or symbols and which prizes a player may win; and the punches have specific serial numbers assigned and printed on them.

"Punches" means slips of paper or other substances inserted in a punch-board game with the serial number of the punch-board game and either numbers or symbols.

"Qualified organization" means a bona fide organization or association of veterans, religious congregation, religious organization, charitable organization, educational organization, fraternal organization, civic and service club, officially recognized volunteer fire company, officially recognized first aid squad, and officially recognized rescue squad, and senior citizens association or club, which:

1. Is organized as a non-profit or religious organization and is authorized by its certificate or articles of incorporation, bylaws or other written authority to support one of the authorized purposes;
2. Appoints the Executive Officer of the Control Commission as agent for the service of process; and
3. Is constituted of not fewer than five individuals.

"Raffle" means a specific kind of game of chance played by drawing for prizes or the allotment of prizes by chance, by the selling of shares or tickets or rights to participate in such game. Nothing contained in this chapter shall be deemed to authorize as a raffle the playing for money or other valuable thing at any game not specifically authorized by the Control Commission.

"Raffle equipment" means implements, devices and machines designed, intended or used for the conduct of raffles and the identification of the winning number or unit and the ticket or other evidence of rights to participate in raffles.

"Raffle equipment provider" means any person licensed by the Control Commission to provide equipment for use in, or in connection with, the holding, operating or conducting of a raffle, except instant raffle equipment as defined by this chapter.

"Raffle occasion" means the day upon which the drawing or allotment of prizes(s) takes place.

"Registered organization" means a qualified organization, which has applied for, received and possesses a valid registration certificate bearing an identification number issued to it by the Legalized Games of Chance Control Commission. Only a registered organization is qualified to conduct legalized games of chance.

"Regular bingo game" means a game in which a player is entitled to participate without additional charge, upon payment of the charge for admission to the room or place where the game is played.

"Seal card" means a board or placard used in conjunction with an instant raffle game or punch-board game that contains a seal or seals which, when removed or opened, reveals a pre-designated number, letter, symbol, or monetary denomination that awards a prize to the winner. Some winners may qualify for an additional top-tier monetary prize.

"Secondary component" means additional software or hardware components, provided by the manufacturer that are part of or are connected to an electronic games of chance system.

"Senior citizens association or club" means an association or club that is formed and is functioning as an organization not for profit to the benefit of its membership in general and is comprised predominantly of persons who are at least 62 years of age.

"Serial number" means a number having a minimum of five characters, printed by the manufacturer on each ticket, right or share to participate in an instant raffle game or on each card to participate in a bingo game.

"Services rendered" means repair to equipment and reasonable compensation to bookkeepers or accountants who assist by rendering their professional services for an amount conforming to the schedule of authorized fees fixed by this chapter (see 13:47-16.2, Schedule of Fees, "B"). In the case of bingo "services rendered" also means rental of premises (see N.J.A.C. 13:47-14, Rental of Premises for Bingo). Where premises are not rented for a fee, "services rendered" may include a reasonable amount for janitorial service. In the case of raffles, "services rendered" does not include rental of premises but does include rental of equipment for raffles, when rented from an approved person in an amount conforming to the schedule of authorized rates fixed by these rules. In the case of raffles, "services rendered" shall not be an authorized expense unless rendered solely for the conduct of the raffle.

"Site system" means the computer hardware, software, and peripheral equipment that is located at the bingo premises, is controlled by the registered organization, and interfaces with, connects with, controls or defines the operational parameters of card-minding devices and must include, but is not limited to, the following components: point of sale station, a caller station verifier, required printers, dial-up modem, proprietary executable software, report generation software and an accounting system and database.

"Six-on playing board" means a playing board containing six playing cards used to play bingo.

"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, or involving extension of a service, entertainment or a privilege of playing at a game without charge.

" 'Special' bingo game" means a game that is played in addition to a "regular" bingo game, for which a player must pay a charge in addition to the charge for admission to the room or place where the game is played. A "special" game must be played on a non-reusable card that is indelibly marked or an electronic card minding device.

"Special door-prize raffle" means a raffle for a door prize(s) of merchandise, the total retail value of which shall not exceed $ 200.00, for which no extra charge is made, at an assemblage, and the net proceeds of which are devoted to an authorized purpose.

"Special Senior Citizen Bingo" means any bingo game held, operated and conducted by a senior citizen association or club solely for the purpose of amusement and recreation of its members, where:

1. No player or other person furnishes something of value for the opportunity to participate;
2. The prizes offered or awarded are of nominal value;
3. No person other than a bona fide active member of the licensed organization participates in the conduct of the game or games; and
4. No person is paid for conducting or assisting in the conduct of the game or games.

"Successive occasion" means the next occasion in the sequence of occasions for which the license is issued.

"Terminal number or account number" means the unique identifier containing the name of manufacturer, validation number, the player terminal number, and the date of manufacture.

N.J. Admin. Code § 13:47-1.1

Amended by 47 N.J.R. 1953(b), effective 8/3/2015
Amended by 54 N.J.R. 1179(a), effective 6/20/2022
Amended by 55 N.J.R. 605(b), effective 4/3/2023