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| Home > Statutes > USA New Jersey |
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USA Statutes : new_jersey
Title : TITLE 05 AMUSEMENTS, PUBLIC EXHIBITIONS AND MEETINGS
Chapter : 5:8-49
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5:8-49. Majority of votes controlling; resubmission
If at such election a majority of all the votes cast, both for and against the rescission of the adoption of this act, in said municipality shall be cast in favor of the rescission thereof, the said adoption of this act shall thereby be rescinded and thereupon this act shall cease to be operative within such municipality and no petition shall be received for the submission of the question of the adoption of the provisions of this act to the voters of said municipality, and no such question shall be submitted to them, at any election earlier than the general election to be held in the third calendar year following the date of such election. If at such election the majority of all the votes so cast shall be against the rescission of said adoption, no petition for such submission of the question of the rescission of such adoption shall be received and no such question shall be again submitted at any election earlier than the general election to be held in the third calendar year following the date of such election.
L.1954, c. 6, p. 45, s. 26. Amended by L.1955, c. 160, p. 693, s. 14.
5:8-49.1. Severability
In case for any reason any provision of the act to which this act is a supplement shall be questioned in any court and shall be held to be unconstitutional or invalid, the same shall not affect any other provision of said act except so far as the provisions so declared unconstitutional or invalid shall be inseparable from such other provision.
L.1955, c. 160, p. 693, s. 15, eff. July 21, 1955.
5:8-49.2. Definitions
As used in this act:
~Commission~ shall mean the Legalized Games of Chance Control Commission;
~Organization~ shall mean any organization licensed to hold, operate or conduct games of chance under the Bingo Licensing Law (P.L.1954, c. 6, as amended and supplemented);
~Person~ shall mean not only a natural person but also any partnership, joint venture, association, corporation or any other legal entity;
~Premises~ shall mean any land, building, enclosure or part thereof used for the purpose of operating or conducting games of chance under the Bingo Licensing Law;
~Rentor~ shall mean and include the owner, lessor, and supplier of premises furnished or supplied to, or used by, an organization for the purpose of holding, operating or conducting games of chance under the Bingo Licensing Law;
~Rental~ shall mean the amount paid or payable by an organization to a rentor for the use of premises including janitorial services, tables and chairs rented, furnished or supplied to said organization for the purpose of holding, operating or conducting games of chance under the Bingo Licensing Law.
L.1957, c. 57, p. 104, s. 1.
5:8-49.3. Rental or use of premises not owned by organization; payment for rental; approved rentors
An organization may, for the purpose of holding, operating and conducting games of chance under the Bingo Licensing Law rent or use premises not owned by such organization upon compliance with the provisions of this act. No such rental or use shall be permitted unless the commission shall determine that the payment to be made for such rental or use of the premises is fair and reasonable and that the rentors of said premises are approved rentors under this act.
L.1957, c. 57, p. 105, s. 2.
5:8-49.4. Persons entitled to act as rentors
From and after the effective date of this act, no person shall act as, or be, a rentor unless said person (a) is itself licensed to hold, operate or conduct games of chance under the Bingo Licensing Law or (b) has first obtained from the commission a license as an approved rentor.
L.1957, c. 57, p. 105, s. 3.
5:8-49.5. Application for approved rentor@s license; form and requisites
A person seeking a license as an approved rentor shall file in the office of the commission a written application for such license. The application shall specify the premises to be rented and be in such form and require such information as the commission shall deem necessary for the purpose of effectuating the provisions of chapters 6 and 7 of the laws of 1954 and amendments and supplements thereof.
L.1957, c. 57, p. 105, s. 4.
5:8-49.6. Denial of license; grounds
No license as an approved rentor shall be granted:
(a) If any person whose signature or name appears in the application is not the real party in interest or if the person so signing or named in the application is an undisclosed agent or trustee for any such real party in interest; and,
(b) Unless the commission shall determine that (1) the applicant and, (2) if the applicant is not the owner, the owners of said premises, and (3) if said applicant or the owner is a corporation, all of its officers and each of its stockholders who own 10% or more of its issued and outstanding stock, are of good moral character and have not been convicted of a crime.
The commission may, among other things, and without limitation, consider a violation of chapters 5, 6 or 7 of the laws of 1954 or any amendment of or supplement to said acts as evidence of lack of good moral character.
L.1957, c. 57, p. 105, s. 5.
5:8-49.7. Issuance of license; fee; duration; temporary permit
6. When the application shall have been examined and such further inquiry and investigation made as the commission shall deem proper and when the commission shall be satisfied therefrom that the persons named in section 5(b) hereof possess the qualifications prescribed in this act, the commission shall issue and deliver a license to such applicant as an approved rentor for the premises stated in the application upon payment by the applicant of a license fee as prescribed by regulation promulgated by the control commission and the approved rentor shall pay a fee as prescribed by regulation promulgated by the control commission for each occasion on which bingo games are held in the licensed premises. Said license shall be valid until revoked, suspended or modified by the commission. The commission may issue a temporary permit to any applicant for such license pending final action on the application. Any such temporary permit shall be valid for a period not in excess of 180 days.
L.1957,c.57,s.6; amended 1969,c.207; 1994,c.63,s.11.
5:8-49.8. Revocation or suspension of license; grounds
Any license as approved rentor issued pursuant to this act may be revoked or suspended for such period as the commission deems in the public interest for any of the following offenses on the part of the licensee, its agent or employees, or any person required by this act to sign or be identified in an original application for a license:
(a) Any cause which would permit or require disqualification of the licensee from receiving a license upon original application;
(b) Fraud, deceit or misrepresentation in securing the license or in the conduct of the licensed activity or in connection with any application submitted to, or any interview, hearing or proceeding conducted by, the commission.
(c) Failure by the licensee to maintain a complete set of books and records containing a true and accurate account of the licensee@s receipts and disbursements arising out of his activities;
(d) Failure to keep said books and records available during business hours for inspection by the commission and its duly designated representatives until the expiration of the second calendar year following the calendar year during which occurred the transactions recorded therein;
(e) Violation of any provisions of this act, the Bingo Licensing Law or the rules and regulations adopted by the commission.
L.1957, c. 57, p. 106, s. 7.
5:8-49.9. Rules and regulations
The commission shall have power to make and enforce such reasonable rules and regulations as it may deem necessary to effectuate the provisions of this act and the powers conferred upon it hereunder and to prevent the circumvention or evasion thereof. Said rules and regulations may, among other things, require that all rental or use agreements be in writing and in form approved by the commission and may provide for the form of application and the information to be furnished the commission on any application for approval, but shall not impose limitations on the number of days a month the premises may be used for purposes authorized by the act hereby supplemented.
L.1957, c. 57, p. 107, s. 8.
5:8-49.10. Necessity of compliance with statutory provisions and rules and regulations
No agreements or arrangements for the rental or use of premises shall be valid and no moneys paid by licensed organizations for such rental or use or services shall be allowable expenditures or be taken into account in determining net proceeds unless made in accordance with the provisions of this act and of the rules and regulations adopted by the commission pursuant thereto.
L.1957, c. 57, p. 107, s. 9.
5:8-49.11. Violations; disorderly persons
Any person who, without complying with the provisions of this act, directly or indirectly, receives, collects or accepts money or other valuable thing for renting, furnishing or supplying premises to an organization for the purpose of holding, operating or conducting games of chance under the Bingo Licensing Law is a disorderly person.
L.1957, c. 57, p. 107, s. 10.
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