A. AUTHORITY TO LICENSE [N.J.S.A. 40:52-1]
1. Governing Bodies are given the general power to make, amend, repeal and enforce ordinances to license and regulate.
2. Municipalities cannot license or regulate anyone holding a license or certificate issued by any department, board, commission or other agency of the State of New Jersey except real estate auctioneers or real estate brokers selling at auction.
3. Governing Bodies may, by ordinance, require as a condition of license or permit that the owner pay any delinquent property taxes or assessments on the property that is the subject to the license or on which a licensed activity or business is or will be conducted. The ordinance may also provide for license revocation or suspension if taxes or assessments become delinquent for at least three consecutive quarters. Upon payment of the taxes or assessments, the license shall be restored. [N.J.S.A. 40:52-1.2] This provision does not apply to an Alcoholic Beverage licensee.
4. Governing Bodies shall not license the sale of tangible personal property that is subject to sales tax to a vendor having no fixed place of business without the submission of a copy of a valid certificate of authority issued to the vendor empowering the vendor to collect sales tax. [N.J.S.A. 40:52-1.3]
B. ACTIVITIES WHICH MAY BE LICENSED [N.J.S.A. 40:52-1]
1. Vehicles used for the transportation of baggage, merchandise and goods and movable property; 9/14/07
2. Vehicles used for the transportation of passengers:
a. Taxicabs (also called autocabs)
b. Limousine or livery service
c. Autobuses (also known as jitneys)
3. Vendors and dealers;
4. Lodging and Food Establishments;
5. Automobile garages, dealers in second-hand motor vehicles and parts;
6. Bathhouses, swimming pools;
7. Entertainment and Amusement Activities;
8. Merchants and businesses;
9. Street signs or other objects projecting beyond the building line, into or over any public street or highway;
10. Auctioneers, whether they be real estate brokers engaged in selling at auction or real estate auctioneers licensed by the New Jersey Real Estate Commission;
11. Forced sale of goods, ware, and merchandise at reduced prices; 10/31/05
12. Rental or real property for commercial or residential use for terms of less than one hundred seventy five (175) consecutive days;
13. Produce at public markets. 10/31/05
C. FEES AND PENALTIES [N.J.S.A. 40:52-2]
1. The Governing Body may fix fees for all such licenses, which may be imposed for revenue*, and may prohibit all unlicensed persons and places and vehicles, businesses and occupations from acting, being used, conducted or carried on; impose penalties for violations and revoke any license for sufficient cause and after notice and hearing.
*Case law has ruled that license fees cannot be used for revenue and must be directly related to the administrative costs of the municipality in issuing the license. Municipal Clerks are advised to confer with their Municipal Attorney on the issue of license fees.
A. LICENSING OF DOGS 10/31/05
1. In some municipalities, the Municipal Clerk is responsible for issuing dog licenses. In others, it may be the responsibility of the local Board of Health.
2. Dog and cat licensing produces revenue for the municipality and State that can be used for regulation, welfare and control. A prerequisite for licensing is proof the pet has been vaccinated against rabies. Pet licensing of dogs (and cats where required) works to minimize the spread of rabies among both domestic and wild animals and to reduce the possibility of human infection.
3. The State Department of Health recommends the licensing of cats to regulate the mandatory rabies vaccination of this domestic animal, as well as help in controlling any free-roaming cat issues. 9/15/16
4. While not required, most Municipal Clerks notify owners of previously licensed animals annually of the need to renew such licenses.
1. Licenses are issued annually, unless a municipality elects to allow for a three (3) year dog license.
2. Proof of current rabies vaccination is required for each license issued. 9/15/08
a. The rabies vaccination must have a duration of immunity which extends throughout at least ten (10) of the twelve (12) months of the licensing one year period or 2 years and 10 months of the thirty-six (36) months of the three year licensing period. 9/15/09; 9/15/14
b. Requirement of rabies vaccination can be waived for any dog that a veterinarian certifies in writing to be incapable of being vaccinated. 9/15/09
3. A dog temporarily placed in a foster home as part of a formalized training to be a guide dog or service dog shall not be required to be licensed and registered while the dog remains in the foster home for such training. 9/15/16
4. The Governing Body of a municipality may stagger the expiration dates of such licenses as long as all expiration dates occur no later than June 30 in the calendar year stated on the license.
C. FEES 10/31/05
1. State Statute [N.J.S.A. 4:19-15] regulates municipal dog license fees:
a. Fixes minimum $1.50 and maximum $21.00 municipal dog license fees allowed to be charged, adopted by ordinance. 9/14/07
b. Permits municipalities to elect, by ordinance, to waive all or part of the municipal license fee for spayed or neutered dogs.
c. Fixes municipal fees for dog licenses at $1.50 where no municipal fee ordinance has been adopted.
d. Permits municipalities to fix, by ordinance, a three (3) year dog license and fixes the maximum chargeable at three (3) times the annual license fee.
e. In the absence of a fee ordinance, fixes the three (3) year municipal dog license fee at $4.50.
f. Dogs who serve as "Seeing Eye, Hearing Ear or Service Dogs" to handicapped persons must be registered the same as other dogs but the fees for such license registrations are waived. 9/15/15
2. N.J. State Fees:
a. N.J. Registration Fee $1.00
b. N.J. Clinic Fund .20
c. N.J. Non-Spayed/Neutered Fee 3.00
3. Fees collected for New Jersey Registration, Clinic Fund and Non-Spayed/ Neutered funds must be forwarded monthly to the State Department of Health within thirty (30) days after collection or receipt (for the previous month's fees collected). Municipal dog license fees must be forwarded to the Municipal Treasurer within forty-eight (48) hours after collection or receipt. 10/1/11
4. Dog license fees must be kept in a special account separate from other municipal accounts, usable for the following allowable purposes only:
a. Collecting, keeping and disposing of dogs liable to seizure under the State Statute or local dog control ordinance;
b. Local prevention and control of rabies;
c. Provision of anti-rabies treatment under direction of the local Board of Health for any person known or suspected to have been exposed;
d. For payment of damages or losses of poultry and domestic animals, except dogs and cats, caused by a dog or cat;
e. For administering the provisions of the Statute. [N.J.S.A. 4:19-15.11]
The laws governing alcoholic beverages are known as Title 33, Intoxicating Liquors, New Jersey Statutes Annotated [N.J.S.A. 33:1 et seq.] and the implementing rules and regulations are designated as "Title 13, Chapter 2, New Jersey Administrative Code" [N.J.A.C. 13:2 et seq.]. Under the Alcoholic Beverage Law, the Director of the Division of Alcoholic Beverage Control, New Jersey Department of Law and Public Safety, hereafter designated as "Director", is authorized to make general rules and regulations and special rulings and findings as may be necessary for the proper control of the alcoholic beverage industry in New Jersey.
The Director establishes and provides the license certificates to the municipal issuing authority. All license numbers consists of 12 digits that identify the licensee's county and municipality, license type and sequential license number within the municipality and license generation number.
1103-XX-XXX-XXX = County (alphabetical within State) and Municipality (alphabetical within County)
XXXX-33-XXX-XXX = License type
XXXX-XX-001-XXX = Municipal sequential license number
XXXX-XX-XXX-001 = License generation number (this number progresses with every change of facts submitted to the Director for that license)
A. MUNICIPAL ISSUING AUTHORITY - Governing bodies act as the municipal issuing authority. In municipalities having a population of 15,000 or more, the Governing Body may establish, by resolution or ordinance, a local board of alcoholic beverage control. Duties of the Municipal Issuing Agency include:
1. Issuance and renewal of licenses as well as approval of transfers and amendments of licenses.
2. Enforcement of laws, implementation of regulations controlling the conduct of licensed businesses, discipline of violators to ensure that community standards are upheld. This includes:
a. Investigation of all applicants.
b. Inspection and/or search of licensed premises or premises sought to be licensed.
3. Set certain regulations by municipal ordinance.
a. Limit number of retail licenses.
b. Limit hours of sale.
c. Restrict license location. Statutes restrict sale of alcoholic beverages within two hundred (200') feet of churches or schools. The two hundred (200') feet is measured in the normal way a pedestrian would lawfully walk from the nearest entrance of the church or school to the nearest entrance of the premises sought to be licensed.
4. Maintenance of complete records concerning each license in its municipality.
B. MUNICIPAL CLERK
1. Administers process related to new licenses, renewals, transfers, and amendments.
2. Signs license certificate as municipal agent designated by the municipal issuing authority.
3. Reviews requests for certain types of special permits and signs on behalf of the municipality.
4. Submits certified copies to the Director of all adopted resolutions and ordinances affecting local alcoholic beverage control.
1. Club license #31 - by local ordinance which sets the number of licenses to be issued, entitles the licensee to sell alcoholic beverages only for immediate consumption on the licensed premises and only to bona fide club members and their guests, up to nine (9) in number.
a. Qualifications - may only be issued to organizations, corporations or associations with the following qualifications:
(1) Must be a bona fide club with sixty (60) or more members.
(2) Operates solely for benevolent, charitable, fraternal, social, religious, recreational, athletic or similar purposes and not for private gain and holds non-profit status.
(3) Must have been in active operation for at least three (3) continuous years immediately prior to the submission of its application for a license.
(4) Must have been in possession and use of a clubhouse for at least three (3) continuous years immediately prior to the submission of its application for a license.
b. The fee is fixed by the municipal issuing authority, by ordinance, at not less than sixty-three dollars ($63) and not more than one hundred eighty-eight dollars ($188). 10/31/04; 9/15/16
2. Plenary Retail Consumption License with broad package privilege - #32 -authorizes licensee to operate a package store in a separate room from the barroom. No new licenses have been issued with the privilege since 1948, when the law was changed. Licenses with the broad package privilege retain that condition and may be transferred as such.
3. Plenary Retail Consumption License - #33 - entitles the licensee to sell alcoholic beverages for consumption on the licensed premises and also to sell in original containers for consumption off the premises.
The annual renewal fee is fixed by the municipal issuing authority, by ordinance, at not less than two hundred fifty dollars ($250) and not more than two thousand five hundred dollars ($2,500). The fee cannot be raised or lowered by more than twenty percent (20%) or five hundred dollars ($500), whichever is the lesser, from the fee charged in the preceding license year. 10/31/04; 9/15/16
The holder of this license, whose licensed premises is at least 20,000 square feet, shall be eligible to be issued for the licensed premises an amusement game license pursuant to P.L. 1959, c.109 (C. 5:8-100 et seq.), provided that the licensed premises includes at least 100 amusement games and all other requirements for licensure to conduct amusement games are met. 9/15/16
4. Seasonal retail consumption license - entitles the licensee to sell alcoholic beverages for consumption on the licensed premises and also to sell in original containers for consumption off the premises as follows:
a. Summer Seasonal - #34 - May 1 - November 14
b. Winter Seasonal - #35 - November 15 - April 30
Annual fee is seventy-five percent (75%) of annual renewal fee for retail consumption licenses.
5. Limited retail distribution license - #43 - entitles the licensee to sell any unchilled, brewed, malt alcoholic beverages in quantities of not less than seventy-two (72) fluid ounces for consumption off the licensed premises, but only in original containers. This license can only be issued for premises operated for the primary and principal business of selling groceries or foodstuffs at retail. The issuance of new limited retail distributions licenses was prohibited in 1952, however, existing licenses may be transferred. The fee is fixed by the municipal issuing authority, by ordinance, at not less than thirty-three dollars ($33) and not more than sixty-three dollars ($63). 10/31/04
6. Plenary retail distribution license - #44 - entitles the licensee to only sell alcoholic beverages in original containers for consumption off the licensed premises.
The fee is fixed by the municipal issuing authority, by ordinance, at not less than one hundred twenty-five dollars ($125) and not more than two thousand five hundred dollars ($2,500). The fee cannot be raised or lowered by more than twenty percent (20%) or five hundred dollars ($500), whichever is the lesser, from the fee charged in the preceding license year. 10/31/04
7. Hotel Exception - #36 - See Section D, 4b of this Chapter.
8. Theater Exception - #37 - See Section D, 4c of this Chapter.
D. LIMITATION ON NUMBER OF LICENSES
1. Retail consumption license - no new retail consumption license, plenary or seasonal, can be issued in a municipality unless the total number is fewer than one (1) for each 3,000 of its population as determined by the most recent federal census.
a. Special Retail Consumption Licenses - The Director of the Division of Alcoholic Beverage Control may issue up to three (3) special retail consumption licenses to one or more individual corporations or other types of legal entities operating a hotel, restaurant or bar on any premises located in a qualifying development project, as defined in P.L. 2013,c.63(g). The Director, as the issuing authority, is authorized to issue, transfer, and renew such special retail consumption licenses. [REFERENCE - P.L. 2013, c.63] 9/15/13
2. Plenary retail distribution license - no new license shall be issued in a municipality unless the number is fewer than one (1) for each 7,500 of its population based on the most recent federal census.
a. Special Retail Distribution Licenses - The Director of the Division of Alcoholic Beverage Control may issue up to two (2) special retail distribution licenses to one or more individual corporations or other types of legal entities operating a hotel, restaurant or bar on any premises located in a qualifying development project, as defined in P.L. 2013, c.63(g). The Director, as the issuing authority, is authorized to issue, transfer, and renew such special retail distribution licenses. [REFERENCE - P.L. 2013, c.63] 9/15/13
3. Club licenses - no population restrictions; number of licenses set by local ordinance.
a. The municipal issuing authority may, by ordinance, enact that no retail consumption or retail distribution licenses be granted within the municipality.
b. Hotel Exception - #36 - A license can be issued to a hotel or motel containing one hundred (100) or more guest sleeping rooms exclusive of the population cap and without affecting the municipality's population cap. Can only be transferred to another hotel/motel within municipality. The fee is fixed by the municipal issuing authority, by ordinance, at not less than two hundred fifty dollars ($250) nor more than two thousand five hundred dollars ($2,500). 10/31/04; 9/15/06; 9/15/10
A person who holds a license issued pursuant to the Hotel exception and who has been required by law to reduce the number of sleeping rooms in the hotel may continue to hold the license if the hotel has at least seventy-five (75) sleeping rooms, has been in continuous operation for at least one hundred twenty (120) years in the same building, and is listed in the National Register of Historic Places. 12/01
c. A minimum bid not to exceed twenty-five thousand ($25,000.00) dollars plus fifty ($50.00) dollars per sleeping room may be required for the issuance of a license if the dining facilities of the hotel or motel are regularly and principally used to provide only meals for catered events and breakfast for guests of the hotel or motel. 9/15/10
d. This shall not be construed to prohibit a municipality from requiring a minimum bid for any license issued under the provisions of this section to a hotel or motel that does not meet the criteria set forth in item c. above. 9/15/10
e. Theater Exception - #37 - A plenary retail consumption license can be issued by the Director to a nonprofit corporation which conducts performances or concerts on premises with a seating capacity of one thousand (1,000) persons or more. Sale of alcoholic beverages are restricted to consumption on the licensed premises two (2) hours before, at intermission and two (2) hours following performances. The fee is fixed by the municipal issuing authority, by ordinance, at not less than two hundred fifty dollars ($250) nor more than two thousand five hundred dollars ($2,500). 10/31/04; 9/15/10
E. SPECIAL PERMITS
1. Non-Profit Organizations:
Social Affair Permit - Required for the sale or service of alcoholic beverages to those attending an affair at which there is a charge in connection with the affair. Issued only to qualified non-profit organizations. The number of permits per year which can be issued to any one applicant is twelve (12) and for any one premises, twenty five (25). The fee for a social affair permit is one hundred dollars ($100) for religious, civic and educational organizations. The fee for all other organizations is one hundred fifty dollars ($150). 10/31/04
2. Alcoholic Beverage License Holders:
a. Caterer's Permit - Issued by the Director to plenary retail consumption licensees that wish to serve alcoholic beverages off their licensed premises at special events, such as wedding receptions, fundraising dinners, or similar occasions.
b. Ad Interim Permit - In the case of license renewal applications, if no action is taken before the expiration of its annual term (June 30), the licensee may apply to the Director for an ad interim temporary permit authorizing the applicant to conduct business until the application has been acted upon. Ad Interim Permits are valid for thirty (30) days.
3. Wine Festival Permits - Under the auspices of the New Jersey Department of Agriculture, New Jersey Wineries may obtain Wine Festival Permits to display, provide samples and sell bottles of their own wine to the public at off-premises events. Wine Festival Permits are issued by the Director. 10/31/04
4. Consumer Tasting by NJ Wholesale Licensee Permit - Authorizes Wholesale Licensees to describe and provide samples of selected alcoholic beverages to the public: 10/31/04
a. At the premises of an Alcoholic Beverage Licensee after obtaining a Consumer Tasting Permit issued by the Director. The fee for the Consumer Tasting Permit is two hundred dollars ($200.00) per solicitor and is valid for one (1) year; or
b. At an off-premises event sponsored by a qualified, non-profit organization for which the bona fide non-profit organizations must secure a Social Affairs Permit.
5. Golf Facilities Permit - Authorizes an individual, partnership, corporation or other type of legal entity which owns and operates or leases and operates a golf facility (consisting of a minimum of eighteen (18) holes spaced over at least five thousand (5,000) linear yards) to sell open containers of alcoholic beverages for immediate consumption to members, guests of members and guests of the facility. 10/31/04
a. The term of the Golf Facilities Permit is from July 1st to June 30th unless otherwise noted.
b. Application must be made to the Director with a fee of two thousand ($2,000) dollars.
c. All applicants must be qualified to hold an alcoholic beverage license as provided in the Alcoholic Beverage Control Act. The application must be supported by documentation on the proposed operation under the permit; plan or sketch of the premises; copies of the applicant's certificate of incorporation or charter, if applicable; evidence of the filing of a copy of the application with the municipal issuing authority; affidavit of publication of a notice of application and any other information or documents required by the Director.
d. Hours of sale shall not exceed those permitted in the municipality in which the golf facility is located.
e. Permittee may serve alcoholic beverages during a social gathering only if the social gathering is directly related to playing golf on the golf course on the same day. A list of each scheduled golf-related social gathering shall be filed with the Division and the municipality where the facility is located at least seventy-two (72) hours before the event.
F. ISSUANCE OF A NEW LICENSE [N.J.S.A. 33:1-19] - Upon authorization by the Director, the municipal issuing authority must determine which of two (2) ways to award new license. The options are:
1. Historical Issuance Procedure - License is issued upon payment of the annual license fee only.
2. Public Sale Option - License is issued to the highest qualified bidder.
G. RENEWAL OF LICENSES
1. Term - The license term is July 1 until June 30, inclusive. If the license is not renewed by July 1, the licensee must secure an ad-interim temporary permit from the Director to operate.
a. Until July 30 the municipality may receive renewal applications. In the event the application is not filed and the fee not paid by July 30, the applicant must petition the Director to allow the municipality to reissue the license. 10/31/05
b. The applicant has sixty (60) days beyond July 30 (September 28) to file a Verified Petition, including a one hundred dollar ($100) processing fee, to the Director, or the license cannot be renewed. 10/31/05
2. Application Process
a. Application filed - an application is filed with the municipal issuing authority, on forms prescribed by the Director, together with the full annual license fee and an additional two hundred dollar ($200) non-refundable filing fee payable to the Division of Alcoholic Beverage Control. 10/31/05
b. An "Alcoholic Beverage Retail License Clearance Certificate," issued by the Director of the New Jersey Division of Taxation, must be provided to the Municipal Clerk prior to approval of the application by the municipal issuing authority.
c. Publication of notice of application - renewal applications are not required to be advertised by applicants.
d. Public hearing required only when a timely written objection, duly signed, is received or if the municipal issuing authority shall disapprove the application.
3. Issuance of new license permitted to applicants filing within one (1) year of expiration. 10/1/11
a. Except as provided in subsection d. of this section, in any case in which a timely renewal was not filed, nothing shall be deemed to prevent the issuance of a new license to a person who files an application therefor within one (1) year following the expiration of the license renewal period, but who pays the municipal and State renewal fees for the year for which a timely renewal application was not filed, if the Director shall determine in writing that the applicant's failure to apply for a renewal of this license was due to circumstances beyond his control or other extraordinary circumstances.
b. Any request for relief under this section shall be filed not later than one (1) year following the expiration of the license renewal period for the license which was not renewed in a timely manner and shall be accompanied by a nonreturnable filing fee of $100 payable to the Director for each license term.
c. A new license issued pursuant to this section shall be assigned the same license number as the license which was not renewed in a timely manner.
d. Notwithstanding subsection a. of this section, a person with an expired license which was not renewed within five (5) years immediately preceding the enactment of P.L. 2010, c.14, but who pays the municipal and State renewal fees for each year for which a timely renewal application was not filed, may file for issuance of a new license in accordance with subsection a. of this section within six (6) months of the effective date of P.L. 2010, c.14.
H. TRANSFER OF STATE AND MUNICIPAL LICENSES - any license issued under Title 33 may be transferred from person-to-person, place-to-place or both.
1. Person-to-person transfer - required when a license passes from one ownership entity to another.
2. Place-to-place transfer is required for change in location from one site to another, new construction, expansion of licensed premises, reduction of premises - voluntary reduction of the premises or de-licensure of all or a portion of the premises. 12/99
a. Municipal - ten percent (10%) of the annual license renewal fee for a person-to-person transfer; ten percent (10%) of the annual license renewal fee for a place-to-place transfer; twenty percent (20%) of the annual license renewal fee for a person-to-person and a place-to-place transfer occurring at the same time.
b. State - two hundred dollars ($200) payable to the Division of Alcoholic Beverage Control regardless of whether the transfer is person-to-person, place-to-place, or both. 10/31/04
4. Application Process
a. An application in triplicate is filed with the municipal issuing authority, in forms prescribed by the Director, at or before the first insertion of advertisement. A complete application consists of:
(2) Appropriate municipal fee and an additional two hundred dollar ($200) non-refundable filing fee payable to the Division of Alcoholic Beverage Control; 10/31/04
(3) Bulk Sale Permit Application:
(a) If transferee is purchasing existing stock from seller, a seventy-five dollar ($75) fee payable to the Division of Alcoholic Beverage Control must accompany the application. 10/31/05
(b) If transferee is not purchasing existing stock from the seller, no fee is payable to the Division but the Permit application is still required.
(4) Financial Disclosure Statement;
(5) Written and notarized consent to transfer signed by the current owner of the licensee, including the price of the license being purchased;
(6) Written statement of the current licensee of the effective date for which the transfer is being sought.
b. Publication of notice of application - outlines the purchase intentions of the buyer and offers an opportunity for objection. Objections must be in writing and submitted to the Municipal Clerk. Notice must be published once a week for two (2) weeks successively in a newspaper printed in the English language published and circulated in the municipality in which the licensed premises is located. If not available, then in a newspaper published in the county in which the licensed premises is located.
5. Public Hearing 9/15/15
a. Required when a timely written objection, duly signed, is received.
b. Not required if no timely written objection is received.
c. Mandatory if the municipal issuing authority shall disapprove the application.
6. For person-to-person transfers, an "Alcoholic Beverage Retail License Clearance Certificate" issued by the Director of the New Jersey Division of Taxation must be provided by the Seller to the Municipal Clerk prior to approval of the application by the municipal authority. 9/15/15
I. CHANGE IN FACTS - ANY LICENSEE AND/OR CORPORATE STRUCTURE AND LIMITED PARTNERSHIP 10/31/05
1. Amendment to the application is submitted to the municipal issuing authority not later than ten (10) days after the occurrence.
2. More than one percent (1%) but less than thirty-three and one third percent (33 1/3%) - submit amendment to pages that reflect the change in information in addition to a newly executed affidavit (last page of application).
3. More than thirty three and one-third percent (33 1/3%) - a full application is required.
a. Notice of change must be published not later than ten (10) days after the occurrence whenever a stockholder change involves a new individual.
b. Proof of publication to be provided to the Municipal Clerk within ten (10) days after publication with copy of dated advertisement.
4. No fee for change in corporate structure or limited partnership.
5. No municipal resolution of approval is required.
J. CONFLICT OF INTEREST - If a member of the municipal issuing authority has an interest directly or indirectly in a license, application for issuance, renewal and transfers must be made to the Director. Governing Body adopts a resolution approving issuance, renewal or transfer of license by Director.
K. INACTIVE LICENSES OR POCKET LICENSES - a license that is not being actively used. It may still cover a licensed location or it may not have any approved licensed premises. The municipal issuing authority or board may renew for two (2) full license terms after the date it became inactive. After expiration of the two year period, a special ruling of the Director is necessary before the Governing Body can renew the inactive license. 9/15/06
L. EXTENSION OF LICENSE
In the case of death, bankruptcy, receivership or incompetency, or for any reason the operation of the business covered by the licensee shall devolve by operation of law upon a person other than the licensee, the licensed business may not be operated unless the license is extended by the issuing authority which issued the license.
M. NEW JERSEY BROWN BAG LAW (Bring Your Own Bottle - BYOB). 9/15/19
1. Unless expressly prohibited by a municipal ordinance, the "Brown Bag" law permits unlicensed restaurants to allow patrons to bring their own wine or beer to be consumed with a meal. Under no circumstances can customers bring in distilled spirits.
2. The restaurant can supply glasses, ice, etc., but a cover, corkage or service charge cannot be imposed.
3. If the municipality prohibits the sale of alcoholic beverages during certain hours, the restaurant cannot permit brown bag consumption during those same hours.
TIP BOX - Per case law of United Stated District Court, District of New Jersey in GJJM Enterprises, LLC, d/b/a STILETTO v. City of Atlantic City, City of Atlantic City Police Department, etc. (Civil Action No. 17-2492):
Persons who own or operate a restaurant, dining room or other public place where food or liquid refreshments are sold or served to the general public, and for which premises a license or permit for the sale of alcoholic beverages for on-premises consumption has not been issued, may advertise that patrons may bring and consume their own wine or malt alcoholic beverages in a portion of the premises which is open to the public.
N. WINE, BEER & SPIRITS TASTINGS
1. Plenary Retail Consumption License holder is permitted to conduct consumer wine, beer and spirit tastings and samplings for a fee or on a complimentary basis. 10/31/04
2. Plenary Retail Distribution license holder is permitted to conduct consumer wine, beer and spirit tastings and samplings for a fee or on a complimentary basis with the following exceptions; 10/31/04
a. Patrons are limited to four (4) one and one-half (1 1/) ounce samples in a twenty-four (24) hour period; and
b. Samples cannot be offered to intoxicated or under-age drinkers; and
c. Samples cannot be offered when the sale of alcohol is otherwise prohibited; and
d. Tasting and sampling is confined to licensed premises and all wine used shall be owned by the licensee conducting the tasting and sampling. 10/31/04
EXHIBIT INSTRUCTIONS FOR SUBMISSION OF APPLICATION FOR TRANSFER OF LIQUOR LICENSE 10/31/05
1. Submission to Municipal Clerk, (Insert Address) of a complete application for transfer. Complete application consists of:
A. Three original signed/notarized copies of Application for Retail Alcoholic Beverage License (copy attached);
B. Check made payable to the (Insert name of municipality) in the amount of 10% of the annual renewal fee for the type of license to be transferred; if application is for combined person-to-person and place-to-place transfers, fee of 20% is required;
C. Check or Money Order made payable to the Division of Alcoholic Beverage Control in the amount of $200 - fee is the same for single or combined applications; 12/99; 9/14/07
D. For person-to-person transfers only:
(a) Financial Disclosure Statement(s) indicating the source of funding for the purchase of the liquor license with documentation attached;
(b) All new stockholders owning 10% or more of the stock must be fingerprinted for both State Police and Federal FBI - stockholders must present themselves in person at the local police department to be fingerprinted and present a Certified Check payable to Division of State Police - S.B.I. in the amount of $49.00 - fee covers both State and FBI prints.
Should the stockholders wish to have their fingerprints taken in their residence town, applicant must:
(1) request a set of fingerprint cards for the State Police and FBI from the local police department of the issuing authority;
(2) take cards to residence police department, complete personal information and have fingerprints affixed by authorized police department representative;
(3) attach business card or means of identifying the police officer who took the prints;
(4) return print cards, police officer identification and check noted above to the Police Department or Municipal Clerk.
(c) Written/notarized Authorization to Transfer from the existing license owner.
(d) Copy of purchaser's Certificate of Sales Tax Authority.
(e) All applications for person-to-person transfer must be accompanied by Application for Bulk Sale Permit (copy attached). If no alcoholic beverage inventory is being purchased in connection with transfer, no fee is required. If inventory is being purchased, a check payable to Division of Alcoholic Beverage Control in the amount of $75.00 must accompany application. 9/14/07
(f) An "Alcoholic Beverage Retail License Clearance Certificate" issued by the Director of the New Jersey Division of Taxation must be provided by the Seller to the Municipal Clerk prior to approval of the application by the municipal authority. 9/15/15
E. For place-to-place transfers only:
Sketch of the property and building to which license is to be transferred, indicating the exact area of the premises to be licensed if not the total building and grounds.
2. Upon receipt of a complete application:
A. The Municipal Clerk will have the application reviewed and premises inspected if necessary by Municipal staff; any problems reported will be brought to the attention of the applicant.
B. Reports from State Police and FBI on fingerprints, will be awaited.
3. Upon completion of items 2A and 2B:
A. The Municipal Clerk will schedule the application for consideration and approval of the Governing Body. Meetings of the Governing Body are held on the (Insert meeting schedule).
B. Notice of transfer application (sample attached) must be published in the legal newspaper of the Municipality not less than five nor more than 14 days prior to the date scheduled for Governing Body action. The legal newspaper of the Municipality is (Insert name, address, phone and fax number of legal newspaper and publication deadline).
C. Applicant must submit written certification of the date the proposed transfer is to be effective. Applicants are cautioned that once a transfer's effective date as approved by the Governing Body has passed, it cannot be changed. If the effective date approved has not passed, the Governing Body can amend the date by resolution.
D. If written objections to the transfer are received by the Municipal Clerk, a public hearing must by law be held on the application.
E. Ten (10) days prior to taking possession of or paying for a liquor license and by certified mail, the purchaser must file with the State of New Jersey, Department of Treasury, Division of Taxation, Bulk Sale Unit, a Notification of Sale, Transfer or Assignment in Bulk (copy attached). This notification allows the State to insure that all taxes due and owing it have been paid by the current owner. If and when all taxes have been paid, a Certification to that effect will be issued and must be presented to the Municipal Clerk prior to transfer of the license.
4. At the time of hearing/approval:
A. It is recommended, but not required, that the applicant be represented at the transfer hearing.
B. Affidavit of Publication must be provided to the Municipal Clerk at or prior to the scheduled hearing.
C. Certification from State Division of Taxation that no taxes are due and owing must be provided to the Municipal Clerk at or prior to the scheduled hearing.
D. Upon adoption of the Governing Body resolution authorizing the transfer, notice of same will be given to the applicant and the State Alcoholic Beverage Control. On the effective date of the transfer, the license will be endorsed to reflect the transfer.
EXHIBIT ALCOHOLIC BEVERAGE CONTROL DIVISION - DISCLOSURE POLICY 10/31/05
I. LICENSE APPLICANT LEVEL (The Entity that will be Licensed)
A. This level constitutes the primary interest in the applied-for license. All interest in the license must be accounted for on the license application, including all individuals holding 1% or more interest in the applicant if it is a corporation. Limited Liability Companies must disclose all members. Individuals named at this level are required to be fingerprinted, disclose and document the source of funds used to acquire their license interest and document their age. They may hold no other interest which would constitute a tied-house or two license limitation violation.
B. If interest holders are not residents of the United States, they must execute affidavits certifying their qualifications and provide a record (or document lack of record) of their criminal background from their national law enforcement agency. If criminal background information is prepared in a language other than English, a certified English translation must be submitted.
C. If the actual operation of a licensed business is delegated to an on-site manager (e.g. in the case of a national restaurant chain), the manager or any other individual who, through performance of their on-site duties act in the capacity of the licensee, must also be disclosed in the license application, fingerprinted and qualified as described in paragraph IA. These management responsibilities include the hiring and firing of employees, placing orders for alcoholic beverages and making business decisions concerning pricing or marketing.
II. LICENSE APPLICANT SHAREHOLDER LEVEL
A. This level describes removed interests; those with direct or indirect interest in the license applicant. Shareholders of the license applicant, general or limited partners and LLC members who are closely held corporations, partnerships or LLC's in their own right and must be fully identified in the license application. Individuals disclosed at this level must execute an affidavit as to their age and qualifications. Individuals disclosed at this level who exercise significant direct control or influence over the operation of the license applicant, must be fingerprinted and qualified as described in paragraph IA.
B. The officers, directors and trustees of publicly traded corporations holding an interest in a licensed applicant must be disclosed in the license application, unless the Director or municipal issuing authority determines that an alternate form of disclosure is acceptable. Regardless of the format, individual disclosures must include all information required by the license application. Any individual disclosed at this level who exercises control or direct influence over the operation of the license applicant must be fingerprinted.
C. Individuals holding 10% or more of the stock of a publicly traded corporation which has an interest in a license applicant must be identified in the license application. The Director or municipal issuing authority may determine to accept appropriate Securities and Exchange Commission Reports or filings in support of the qualifications of such individuals.
D. Institutional investors (i.e. pension or stock funds), and interests held in trust must qualify through the trustee responsible for administration of the fund or trust. Trustees must be disclosed and execute affidavits as to their qualifications.
III. SUBMISSION OF RECORDS IN SUPPORT OF APPLICATION
In addition to the business disclosure noted above, the Division of Alcoholic Beverage Control and municipal issuing authorities may require submission of any or all of the following records and documents in support of a license application. This information is to be submitted by the applicant as part of the qualifying investigation procedure. It will be maintained as confidential and will not be available for public review.
Original letter of business intent - describing the proposed business and method of operation
Limited Liability Company Notice of Formation and Operating Agreement
Corporate Certificate of Incorporation and all subsequent amendments
Proof of Fictitious or Trade Name registration
Certificate of New Jersey Business Authority (non-NJ applicants only)
Copies of all issued Stock Certificates (front and back) or most recent SC Filing Statement containing shareholder information
Certificate of New Jersey Sales Tax Authority (if applicable)
Copy of all applicable BATF Permits issued to applicant
Copy of all other alcoholic beverage licenses issued to applicant by other States
Agreements of Sale for purchase of license, businesses and or proposed premises
Mortgage or Loan Agreements and Promissory Notes, including any pledge or Escrow Agreement of Corporate Stock Shares
Business and personal Federal Income Tax returns for the past two years
Copies of business and personal checking and savings statements, canceled checks and bank deposit slips to document the funding of the license
Audited Financial Statements
Corporate Annual Reports
Securities and Exchange Commission filing statements
Detailed sketch of the proposed premises, identifying all entrances, exits, exterior areas to be covered under the license, indicating dimensions of the premises in square feet. If any adjacent grounds are to be licensed, these areas must also be included in the sketch
Copy of Lease Agreement, Title or Mortgage Agreement(s) and applicable note(s) covering the proposed premises
Certificate of Occupancy and other applicable zoning records associated with the proposed premises
If proposed premises is a boat, copy of the United States Coast Guard Certificate of Documentation issued to the vessel
If proposed premises is a limousine, copy of motor vehicle registration and photograph of the vehicle
EXHIBIT AFFIDAVIT OF QUALIFICATION FOR OWNERSHIP INTEREST IN OR ASSOCIATION WITH A NEW JERSEY ALCOHOLIC BEVERAGE LICENSE OR PERMIT 10/31/05
STATE OF _______________________)
I,_______________________________________________________________ residing________________________________________________________________of full age, being duly sworn according to law, upon my oath depose and say:
1. I am a _________________________________________[shareholder/ member/ partner/ sole proprietor] of _______________________________ ________________________________[corporation or partnership entity, if any] holding the office or title of ____________________________________________ and am duly authorized to make this affidavit.
2. An application for a New Jersey
[specify type of license or permit] by
_______________________________________________________[name of applicant]
has been filed with the New Jersey Division of Alcoholic Beverage Control.
3. This affidavit is submitted in support of my qualification to have an ownership interest in or association with a New Jersey Alcoholic Beverage license or permit issued pursuant to the laws of the State of New Jersey, including Title 33, New Jersey Revised Statutes, entitled "Intoxicating Liquors".
4. I represent that pursuant to N.J.S.A. 33:1-25, I am qualified to hold an interest in or associate with a New Jersey Alcoholic Beverage License or permit according to all standards established by Title 33 of the New Jersey Statutes, regulations promulgated thereunder and any pertinent local ordinances and conditions imposed consistent with Title 33.
5. I represent that I meet all New Jersey mandated qualifications, including that:
a. I am 18 years of age or older;
b. I have not been convicted of a crime of moral turpitude;
c. I am a reputable person who will operate the licensed business in a reputable manner;
d. I have fully and completely disclosed all beneficial interests in the entity to be licensed;
e. I have no ownership interest in nor am I an officer or director of any corporation that is a New Jersey alcoholic beverage manufacturer or wholesaler;
f. I do not have an interest in more than two retail licenses, except as otherwise permitted under N.J.S.A. 33:1-12.32;
g. I am not ineligible for licensure for 2 years or more because of prior revocation; and
h. I am not a peace or police officer or any other person whose powers and duties include the enforcement of the New Jersey Alcoholic Beverage Control laws or regulations, or hold an interest in nor am I an officer in a for-profit corporation in which any peace or police officer has a direct or indirect interest.
6. I understand that if I do not meet with the qualification requirements of Title 33 of the New Jersey Statutes and regulations promulgated thereunder, after a criminal background investigation is conducted on me, I cannot hold an interest in any New Jersey liquor license or permit. I also understand that if I am disqualified, I must divest myself of an interest in or association with any New Jersey liquor license or permit within a time frame specified by the Director.
7. I make the foregoing statements realizing that the Division of Alcoholic Beverage Control will rely on them. I am also aware that any misstatements or omissions of material facts that are made by me are grounds for suspension or revocation of any New Jersey Alcoholic Beverage license or permit that I may have an interest in or association with.
8. I make the foregoing statements and represent that under penalty of perjury, the foregoing statements are true and correct.
Signed and Sworn to By:
before me this ______
day of ____________, 20__.9/14/07 Name:
EXHIBIT SAMPLE ALCOHOLIC BEVERAGE RESOLUTION - PERSON-TO-PERSON TRANSFER 10/31/05; 9/14/07
WHEREAS, an application has been filed for a person-to-person transfer of Plenary Retail (Consumption) (Distribution) License (insert license number), heretofore issued to (insert name of current owner) for premises located at (insert address of licensed premises); and
WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the current license term; and
WHEREAS, the applicant is qualified to be licensed according to all standards established by Title 33 of the New Jersey Statutes, regulations promulgated thereunder, as well as pertinent local ordinances and conditions consistent with Title 33; and
WHEREAS, the applicant has disclosed and the issuing authority reviewed the source of all funds used in the purchase of the license and the licensed business and all additional financing obtained in connection with the licensed business;
NOW, THEREFORE, BE IT RESOLVED that the (insert name of Governing Body) does hereby approve, effective (insert effective date), the transfer of the aforesaid Plenary Retail (Consumption) (Distribution) License to (insert name of purchaser), and does hereby direct the Municipal Clerk to endorse the license certificate to the new ownership as follows: "This license, subject to all its terms and conditions, is hereby transferred to (insert name of purchaser), effective (insert effective date)."
EXHIBIT SAMPLE ALCOHOLIC BEVERAGE RESOLUTION - PLACE-TO-PLACE TRANSFER 10/31/05
WHEREAS, an application has been filed for a place-to-place transfer of Plenary Retail (Consumption) (Distribution) License (insert license number), heretofore issued to (insert name of current owner) for premises located at (insert address of licensed premises or, if applicable, for an inactive license with a mailing address of (insert mailing address)); and
WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the current license term; and
NOW, THEREFORE, BE IT RESOLVED that the (insert name of Governing Body) does hereby approve, effective (insert effective date), the place-to-place transfer of the aforesaid Plenary Retail (Consumption) (Distribution) License from its former location at (insert former location) to (insert new location), and does hereby direct the Municipal Clerk to endorse the license certificate to the new ownership as follows: "This license, subject to all its terms and conditions, is hereby transferred to premises located at (insert new location), effective (insert effective date)."
EXHIBIT PLACE-TO-PLACE TRANSFER - EXTENSION OF PREMISES 10/31/05; 9/14/07
WHEREAS, an application has been filed for a place-to-place transfer of Plenary Retail (Consumption) (Distribution) License (insert license number), for the purpose of expanding the premises under license wherein the sale, service and storage of alcoholic beverages are authorized; and
WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the current license term; and
NOW, THEREFORE, BE IT RESOLVED that the (insert name of Governing Body) does hereby approve, effective (insert effective date), the expansion of the aforesaid Plenary Retail (Consumption) (Distribution) Licensed premises located at (insert location) to place under license the area delineated in the application form and the sketch of the licensed premises attached thereto.
EXHIBIT EXTENSION OF LICENSE TO EXECUTOR/EXECUTRIX 10/31/05
WHEREAS, an application has been filed for an extension of Plenary Retail (Consumption) (Distribution) License (insert license number), to the Executor (Executrix) of the Estate of (insert name of deceased owner), sole proprietor owner of the license; and
WHEREAS, the submitted application form is complete in all respects, including proof of appointment to act as Executor (Executrix);
NOW, THEREFORE BE IT RESOLVED that the (insert name of Governing Body) does hereby approve, effective (insert effective date) the extension of the aforesaid Plenary Retail (Consumption) (Distribution) license to (insert name of executor/executrix) to conduct business under the privileges, terms and conditions of the license as Executor (Executrix) of the estate of (insert name of deceased owner) for the benefit of the estate until such time as the will is probated and the license may be transferred in compliance therewith and directs the Municipal Clerk to endorse the License Certificate as follows: "This license is hereby extended, subject to all its terms and conditions to (insert name of executor/executrix) until June 30, 20__.
EXHIBIT FORM OF ADVERTISEMENT - TRANSFER APPLICATIONS 10/31/05
Take notice that application has been made to (insert name of Governing Body) of (insert name of Municipality) to transfer to (insert name of transferee), trading as (insert trade name if any) for premises located at (insert address of premises to which transfer is sought), the (insert Plenary Retail (Consumption)(Distribution) license and number) heretofore issued to (insert full name of licensee), trading as (insert trade name if any) for the premises located at (insert number, street and municipality).
The person(s) who will hold an interest in this license is/are:
(insert name(s)) See * and ** for additional information if applicable
Objections, if any, should be made immediately in writing to:
(insert name of Municipal Clerk and name and address of municipality)
(in the case of State issued license, insert "Director, Division of Alcoholic Beverage Control")
Insert name and address of Applicant
* If the applicant is an individual, insert the name and residence address of that individual.
* If the applicant is a corporation, insert the names and residences of all officers and directors and the names and residences of all stockholders holding one percent or more of any of the stock of the applicant corporation or any corporation that is a stockholder in the applicant corporation.
* If the applicant is a partnership, insert the names and residence addresses of all partners and any limited partners holding an interest of one percent or more.
* If the applicant is a club, insert the names and residence addresses of all officers and the offices they fill respectively, and the names and residences of the directors, trustees or other governing officials.
** If the application is for transfer of a municipal license for a building not yet constructed, insert in the Notice the following: "Plans of building to be constructed may be examined at the office of the Municipal Clerk."
** If the application is for a State license for a building not yet constructed, insert "Plans of building to be constructed may be examined at the office of the Division of Alcoholic Beverage Control."
** If the application intends to conduct retail sales of alcoholic beverages as may be authorized under a State issued license, insert in the Notice the following: "The applicant intends to engage in the retail sale of (insert alcoholic beverage type) at (insert number, street and municipality) under the terms and conditions allowed by law."
A. GENERAL INFORMATION
1. The legal voters of each municipality must vote their approval or rejection before the Bingo Licensing Law and/or the Raffles License Law shall become operative within the municipality.
2. No games of chance shall be conducted on Sundays unless an ordinance has been adopted by the Governing Body of the licensing municipality authorizing the conduct of such games of chance on this day.
3. Municipal Ordinance 9/15/13
a. Each municipality shall file with the Commission a copy of each ordinance enacted related to the Bingo/Raffles Licensing Law within ten (10) days after adoption.
b. By this ordinance, the Municipal Clerk can be appointed as the issuing authority so that the applications do not have to be approved by the Governing Body.
B. REGISTRATION AND IDENTIFICATION
1. In accordance with N.J.A.C. 13:45-2.1, every non-profit organization desiring to apply for a license to conduct bingo or raffles or to allow its members to assist a licensed affiliated organization, as described in N.J.A.C. 13:45-6.4 shall, before making any such application or allowing any assistance, register with the Control Commission and secure an identification number. 10/31/04
2. An identification number issued by the Control Commission shall be valid for a period of two (2) years or until modified, suspended or revoked by the Control Commission.
3. Each organization requesting registration shall remit by check or money order a non-refundable biennial fee of one hundred dollars ($100.00) (new or renewal) payable to the Legalized Games of Chance Control Commission. New registrations shall provide the proofs as outlined in N.J.A.C. 13:47-2.3. 9/15/10
4. A Senior Citizen Association or club requesting registration shall submit a completed application together with sufficient proof of the organization's eligibility for registration. Qualified senior citizen associations and clubs shall be exempt from the biennial registration fee.
1. BINGO AND RAFFLE APPLICATIONS shall be filed in quadruplicate with the Municipal Clerk. One copy shall be retained by the Municipal Clerk, the second copy shall be returned to the applicant after a license has been granted or denied by the Governing Body. The third copy shall be forwarded to the Control Commission by the Municipal Clerk and the fourth copy shall be delivered to the Law Enforcement Agency in the municipality.
2. Bingo - Where premises are to be rented, a Certificate of the Landlord shall be obtained from the landlord and attached to the application, such certificate to be on form 10-A.
3. Raffles - Where raffle equipment is to be leased, a Certificate of the Lessor shall be obtained from the raffle equipment supplier and attached to the application, such certificate to be on Form 13.
4. An applicant must present the organization's registration form on which the identification number is shown at the time the license application is filed with the Municipal Clerk.
D. FEES [N.J.A.C. 13:47] 3/23/12
1. License fees due to the Control Commission:
a. Agricultural Fairs / 4-H Clubs / Exhibitions License. Fee shall be an annual fee of $50.00 per game; except that, any association which is nonprofit shall be exempt from payment of any State license fee if the proceeds from the games are used for charitable purposes. Where the operator of the game at an agricultural fair and exhibition conducted under the auspices of such an association is to be a person holding a concession to operate at the fair and exhibition from the association holding the same, such operator shall pay for the State license an annual fee of $50.00 for each game to be operated at the fair and exhibition, but if said operator is a licensee under the "Amusement Games Licensing Law" 1 and has paid the annual fee of $250.00 for a State license, he shall not be required to pay the said fee of $50.00 for each game to be operated unless he operates more than five games, in which case he shall pay for the State license an additional annual fee of $50.00 for each game in excess of five.
b. Arcade License. Fee is an annual fee of $250.00 payable to the Commission, which allows the licensee to operate up to fifty (50) player positions and $10.00 for every additional player position over the initial fifty (50) player positions.
h. Golf Hole-in-One Contest. Licensing fee payable by law to the Control Commission for this type of license is $20.00 for each $1,000 or part of the total retail value of the ancillary prize(s) offered.
i. Instant Raffle Game. Licensing fee payable by law to the Control Commission for this type of license is $20.00 for each day on which instant raffle tickets are sold or offered for sale, or $750.00 for a one-year license to sell, or to offer for sale, instant raffle tickets during that year.
j. Non-Draw Raffle. Licensing fee payable by law to the Control Commission for this type of license is $20.00 for each game or wheel held on any one day, or any series of consecutive days not exceeding six at one location.
k. Off-Premises 50-50 Raffle. Licensing fee payable by law to the Control Commission for this type of license is $20.00 paid at the time the application is filed for each day on which a drawing(s) is to be conducted under the license. In the event the awarded prize exceeds $1,000, then an additional fee of $20.00 for each $1,000 or part thereof in value of the awarded prize(s) in excess of $1,000 shall be forwarded to the Control Commission by check payable to the Commission together with the Report of Operations as required by N.J.A.C. 13:47-9.
l. On-Premises 50/50 Draw Raffle. Licensing fee payable by law to the Control Commission for this type of license is $20.00 for each day on which a drawing(s) is to be conducted under the license only if the anticipated prize is in excess of $400.00. Otherwise, there is no license fee.
m. Off-Premises Merchandise Draw Raffle. Licensing fee payable by law to the Control Commission for this type of license is $20.00 for each $1,000 or part thereof of the total retail value of the prize(s) to be awarded.
n. On-Premises Merchandise Draw Raffle. Licensing fee payable by law to the Control Commission for this type of license is $20.00 for each day on which a drawing(s) is to be conducted under the license only if the anticipated retail value of the merchandise prize(s) is in excess of $400.00. Otherwise, there is no license fee.
In the event the total retail value of the merchandise prize(s) awarded exceeds $400.00, the licensee shall submit a check or money order made payable to Commission in the amount of $20.00 at the time of filing the report of operations required by N.J.A.C. 13:47-9. In the event the prize(s) awarded exceeds $400.00, the licensee shall submit a check or money order made payable to Commission in the amount of $20.00 at the time of filing the report of operations required by N.J.A.C. 13:47-9.
2. Checks must be payable to: LEGALIZED GAMES OF CHANCE CONTROL COMMISSION
3. License fees due to the municipality:
a. Where no specific ordinance setting fees due the licensing municipality exist, the licensing municipality shall charge a fee in an amount equal to the amount charged by the LGCCC. In no case shall the municipality, upon adoption of an ordinance establishing fees, charge a fee in excess of the amount charged by the Control Commission.
b. A municipality may by ordinance exempt all qualified organizations from the payment of any municipal licensing fee.
c. No municipal ordinance shall exempt any organization from payment of any fee due to the Control Commission.
d. Each licensing municipality shall forward a copy of any such ordinance as outlined above to the Control Commission immediately upon adoption.
E. LICENSE ISSUANCE
1. The Governing Body of the municipality must pass on the license application.
a. At least seven (7) days must elapse between the time the application is filed and the time when the Governing Body makes its findings and determination.
b. Copy of the application (with sample ticket, if required), a copy of "Findings and Determinations Statement" and the fee payment transmitted within three (3) days of action by the Governing Body to the Control Commission. The forms must be received by the Control Commission at least seven (7) days prior to the holding of the first game authorized.
c. At least fourteen (14) calendar days must elapse between the time the municipality forwards the application and the licensing fee to the Control Commission and date the license is issued to the applicant. 9/15/06; 9/15/15
d. The "Findings and Determination Statement" of the Governing Body is recorded, in duplicate, on form LGCCC 5-A. It shall be signed by a member of the Governing Body or the Municipal Clerk.
2. The license is prepared on form LGCCC 6 B/R, in triplicate, by the Municipal Clerk.
3. Distribution of license, application, and sample tickets if required, after findings and determination of Governing Body, is as follows:
a. Original license and a copy of the application is provided to the licensee. At least fourteen (14) calendar days must lapse between the time the municipality forwards the application and licensing fee to the Control Commission and the time the license is issued. 9/15/06; 9/15/14
b. Copy of the license, Findings and Determinations and sample ticket, if applicable, is retained by the Municipal Clerk.
c. Copy of the license and application is forwarded to the municipal law enforcement agency.
4. The Municipal Clerk shall permanently maintain a docket, with a separate sheet for each licensee. On the sheet will be entered the following information:
a. Serial number of all licenses issued to each licensee;
b. The date of issue;
c. The dates for which the license permits games of chance to be played;
d. The retail value of prizes to be awarded by raffles as to raffles subject to an annual limit. 10/31/05
5. The dates for which bingos and raffles are licensed shall be entered in separate columns to permit determination of compliance with limits on the number of games per month. [N.J.A.C. 13:47-3.10] 10/31/05
6. No license for the holding, operation and conduct of any game of chance shall be issued for a period of more than one (1) year. 9/14/07
F. PLAYER AGE LIMITATION [N.J.A.C. 13:47-6.10] 10/31/04
1. No person under the age of eighteen (18) years shall be permitted to participate as a player in any bingo.
2. No person under the age of eighteen (18) years shall be permitted to participate in any draw raffle or in any non-draw raffle and awarding cash or money as a prize.
3. No person under the age of eighteen (18) years shall hold, operate or conduct or assist in the holding, operating or conducting of any game of chance held, operated or conducted under any license issued in accordance with the Bingo and Raffle License Law.
4. Whenever an organization shall conduct any draw raffle or non-draw raffle which offers cash or money as a prize, it shall cause a sign to be displayed adjacent to the place of the allotment of the prizes by chance as follows: "Persons under the age of 18 years are not permitted to participate in this game of chance." For further reference, see N.J.A.C. 13:47-6-10.
G. FREQUENCY OF GAMES [N.J.A.C. 13:47-6.11]
1. No organization shall conduct any game(s) of chance more often than as set forth in this section:
a. Bingo shall not be conducted more often than six (6) days in any calendar month.
b. On-premises draw raffles awarding either cash or merchandise as prizes shall not be conducted more often than six (6) days in any one week. 12/02
c. Off-premises draw raffles awarding merchandise prizes shall not be conducted more than six (6) days in any one week. 12/02
d. Non-draw raffles (wheels and games) shall not be conducted more often than six (6) days in any one week. 12/02
e. Off-premises 50/50 cash draw raffles shall not be conducted more often than once in any calendar month.
f. A Duck-Race raffle shall not be conducted more often than once in any calendar month.
g. A calendar raffle shall not be conducted more than twice in any calendar year. 9-15-08
h. Instant raffles may be conducted three hundred-sixty five (365) days per year in any location in the municipality but only from one location at a time. For an additional ten dollar ($10.00) fee, instant raffles may be at two locations on one day, once during a calendar year. 12/98
i. Armchair race events shall not be conducted more than six (6) times in any one week. License is valid from 12:00 a.m. on the date of the occasion to 2:00 a.m. the next day. 12/02
j. Casino night shall not be conducted more than six (6) times in any one week. License is valid from 12:00 a.m. on the date of the occasion to 2:00 a.m. the next day. 12/02
2. Only the day upon which a drawing or allotment of prizes takes place shall be considered when determining the frequency of games prescribed by this section.
H. PROHIBITED PRIZES [N.J.A.C. 13:47-6.20] 9/15/06
1. Real estate or an interest therein;
3. Shares of stock;
4. Securities or evidences of indebtedness;
6. Live Animals (except a gift certificate redeemable for live, edible seafood); 12/02
7. Foreign or domestic coins (except collector pieces or sets that are marketed as such and are clearly not intended for use as legal tender); 12/02; 9/15/06
8. Tobacco products; 9/15/06
9. Motor vehicle leases or any merchandise refundable in any of the above or in money or cash. 9/15/06
10. No prize consisting of cash or money shall be offered or awarded except in the case of: 9/15/06
a. A raffle conducted by a drawing with the prize(s) equaling fifty percent (50%) of the amount received for all tickets or right to participate, a calendar raffle with the maximum prize amount not to exceed $25,000. 9/15/06
b. Any bingo game(s) conducted in accordance with the provisions of this chapter and Bingo Licensing Law; or
c. Big six wheels and horse race wheels conducted in accordance with the provisions of N.J.A.C. 13:47-8.
d. An instant raffle game having a maximum prize amount of $500 for any one ticket conducted in accordance with the provisions of N.J.A.C. 13:47-8. 9/15/06
I. REPORTS OF OPERATIONS
1. The Report of Operations shall be on the form provided by the Control Commission. The report shall contain the following information:
a. Gross receipts derived from each game;
b. Expenses incurred or paid, to whom paid and a description of the merchandise purchased or the services rendered therefor;
c. Net profit from each game and the uses to which the net profit has been or will be applied; and
d. A list of prizes offered or given and their respective values.
2. The licensee shall file one copy of the Report of Operations no later than the fifteenth (15th) day of the calendar month immediately following the calendar month in which the licensed activity was held, operated or conducted.
a. Forms for the Report of Operations shall be supplied upon request to a licensee by the Municipal Clerk.
b. In the case of raffles, a separate report shall be used for each type of raffle for which a license is issued.
J. ANNUAL REPORT BY MUNICIPALITY
1. The Municipal Clerk of a municipality which has adopted the Bingo and/or Raffles Licensing Law shall submit to the Control Commission annually for the twelve (12) month period ending December 31 of each year on or before January 31 of the following year, a Report containing the following information as to the operation of both bingo and raffles within the municipality for the preceding twelve (12) month period in accordance with N.J.A.C. 13:47-9.7 - 1 through 5:
2. The annual report shall consist of the following information:
a. Number of licenses issued;
b. Names, addresses and identification number of the licensees;
c. Aggregate amount of municipal license fees collected;
d. Names and addresses of all persons detected of violation of the laws, rules and regulations, all persons prosecuted, the result of each prosecution and the penalties imposed;
e. Recommendations for improvement of laws or the administration thereof, if any, made by the Governing Body.
K. VARIOUS TYPES OF RAFFLES 10/31/05; 9/15/18
1. Armchair Race;
2. Big Six Wheel;
3. Calendar Raffle;
4. Casino Night;
5. Draw Raffle;
6. Duck Race Raffle;
7. Instant Raffle;
8. Non-draw Raffle;
9. Off-Premises Raffle;
10. Off-Premises 50/50 Raffle;
11. On-Premises Draw Raffle;
12. On-Premises 50/50 Raffle;
13. Punch-Board Raffle;
14. Pull-Tab Raffle
15. *Special Door Prize Raffle
*Special Door Prize Raffle can be conducted without a license if:
a. The organization is a qualified organization with an identification number;
b. There is no extra charge made for the raffle;
c. Only merchandise prizes may be given;
d. All prizes must be wholly donated;
e. The total retail value of all prizes must be less than two hundred dollars ($200.) 9/15/15
f. No other game of chance is being conducted on the occasion;
g. Notice of the special door prize raffle has been given to the Municipal Clerk.
Effective 2002, the regulations for Armchair Races and Casino Nights have been adopted and included in this Chapter, and the applications and licenses for these events are handled by the Municipal Clerk in the same manner as other Raffle Licenses. 10/31/05
1. Exemptions - Registration Fee - A senior citizen association or club requesting registration shall submit a completed application together with sufficient proof of the organization's eligibility for registration. Qualified senior citizen associations and clubs shall be exempt from the biennial registration fee.
2. No game may be conducted where alcoholic beverages are sold, dispensed or consumed during the period of the commencement of the first and the conclusion of the last bingo game of the occasion.
3. On-Premises Draw Raffle - 50/50 or merchandise in excess of four hundred dollars ($400) requires the fee as set forth above (twenty dollars ($20) for each day on which a drawing is to be conducted under the license) - Under four hundred dollars ($400) does not require a fee payable to the Control Commission or the municipality. 9/15/06
4. Amount of Prize Limitation - No prize having a retail value greater than that set forth below shall be offered or awarded in any raffle:
a. The aggregate value of all prizes to be awarded in any one (1) calendar year shall not exceed $500,000, nor shall a licensee offer a prize or prizes of a value greater than $100,000 in any one draw raffle.
b. No prizes having a retail value greater than $500,000 shall be awarded in any raffle except a draw raffle. No such prize can be offered for non-draw raffles (i.e. carnival wheels and games, instant raffle tickets, calendar raffles, hole-in-one contests, etc.)
c. The $500,000/$100,000 limit shall not apply to On-Premises raffles or where all the prizes are wholly donated.
Off-Premises Draw Raffles $100,000 per raffle
Non-Draw Raffles $500 per prize
(Carnival Wheels & Games)
Instant Raffle Tickets $500 per prize
Calendar Raffles $25,000 per calendar
Golf Hole-In-One Contest $1,000,000 for grand prize hole in one
$500 per ancillary prize (Wholly donated prizes exempt from $500 limit)
5. Statute only permits the use of proceeds from bingos and raffles for capital improvements except by organizations and for capital improvements meeting certain criteria. 10/31/05
6. Advertising of Bingos and Raffles
a. The Legalized Games of Chance Control Commission shall promulgate regulations to govern the advertising of games of chance.
b. The regulations shall prohibit:
(1) Any advertisement from containing any false, deceptive, misleading or fraudulent statement regarding the holding, operation or conduct of a game of chance;
(2) Any advertisement from causing undue or unfair competition between organizations registered with the control commission that are holding competing games of chance; and
(3) The use, to an extent deemed excessive, of the proceeds derived from the conduct of any individual game of chance for advertising subsequent games of chance.
EXHIBIT: BINGO CHECKLIST 10/31/05
_____ Enter organization information into Application Register and apply next available number.
_____ Check to see if we have copy of ID Certificate on file.
_____ Is it current (unexpired)?
_____ Compare ID number, name of organization and address on the application with the ID certificate.
_____ Check Dates (compare day of week and the dates with calendar)
_____ More than six dates per month?
_____ Does the total number of occasions exceed 72?
_____ Does length of time for license exceed one year?
_____ Do checks for Legalized Games of Chance Control Commission (LGCCC) and municipal fees accompany the application?
_____ Are the amounts correct?
_____ Print bingo license number on checks.
_____ Are there more than 35 games listed on Schedule of Prizes?
_____ Except for progressive and 50/50 bingo games, does any single game prize exceed $1,000? 9/15/14
_____ Is statement on schedule regarding compulsive gambling?
_____ Is a listing of the members working the bingo attached?
_____ Is a listing of members of other organizations working the bingo attached?
_____ If so, does that organization have an ID #?
_____ Enter organization information into Application Register and apply next available number.
_____ Check to see if ID Certificate is presented or copy on file. Is it current (unexpired)?
_____ Compare ID number, name of organization and address on the application with the ID certificate.
_____ Check date(s), more than six dates per month?
_____ Does the total number of occasions for the year exceed 72?
_____ Does the length of time for license exceed one year?
_____ Do Checks for Legalized Games of Chance Control Commission (LGCCC) and municipal fees accompany the application?
_____ Are the amounts correct?
_____ Print license number on checks.
_____ If application is for an off-premises raffle, are two copies of sample ticket attached? Are raffle license and identification number on samples?
_____ If a non-draw carnival raffle, is form LGCCC 8R-Al attached?
_____ If 50/50, does one-half of proceeds go to winner?
_____ If merchandise, is it a legal prize? No liquor, no personal service, no land, no currency [N.J.A.C. 13:47-6-19]
_____ Is a listing of the members working the raffle attached?
_____ Is a listing of members of other organizations working the raffle attached?
_____ If so does that organization have an ID #?