50 N.J.R. 1246(a)
VOLUME 50, ISSUE 10, MAY 21, 2018
RULE PROPOSALS
NJ - New Jersey Register > 2018 > MAY > MAY 21, 2018 > RULE PROPOSALS > LAW AND PUBLIC SAFETY -- DIVISION OF CONSUMER AFFAIRS
Interested Persons Statement
INTERESTED PERSONS
Interested persons may submit comments, information or arguments concerning any of the rule proposals in this issue until the date indicated in the proposal. Submissions and any inquiries about submissions should be addressed to the agency officer specified for a particular proposal.
The required minimum period for comment concerning a proposal is 30 days. A proposing agency may extend the 30-day comment period to accommodate public hearings or to elicit greater public response to a proposed new rule or amendment. Most notices of proposal include a 60-day comment period, in order to qualify the notice for an exception to the rulemaking calendar requirements of N.J.S.A. 52:14B-3. An extended comment deadline will be noted in the heading of a proposal or appear in a subsequent notice in the Register.
At the close of the period for comments, the proposing agency may thereafter adopt a proposal, without change, or with changes not in violation of the rulemaking procedures at N.J.A.C. 1:30-6.3. The adoption becomes effective upon publication in the Register of a notice of adoption, unless otherwise indicated in the adoption notice. Promulgation in the New Jersey Register establishes a new or amended rule as an official part of the New Jersey Administrative Code.
Agency
LAW AND PUBLIC SAFETY > DIVISION OF CONSUMER AFFAIRS > LEGALIZED GAMES OF CHANCE CONTROL COMMISSION
Administrative Code Citation
Proposed Amendments: N.J.A.C. 13:3-1.1 and 1.7
Text
Definitions: Location of Games; Premises with Alcoholic Beverage License
Authorized By: Karl Reidel, Executive Officer, Legalized Games of Chance Control Commission.
Authority: N.J.S.A. 5:8-79 and P.L. 2015, c. 149.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2018-041.
Submit comments by July 20, 2018, to:
Legalized Games of Chance Control Commission
c/o Karl Reidel, Executive Officer
124 Halsey Street
PO Box 46000
Newark, New Jersey 07101
or electronically at:
http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.
The agency proposal follows:
Summary
N.J.A.C. 13:3-1.7 currently prohibits an alcoholic beverage license holder from obtaining a license to offer amusement games. P.L. 2015, c. 149, establishes that the holder of an alcoholic beverage license could obtain a license to offer amusement games, as long as the licensee's premises is at least 20,000 square feet and contains at least 100 amusement games. The Legalized Games of Chance Control Commission (Commission) proposes to amend N.J.A.C. 13:3-1.7 to effectuate P.L. 2015, c. 149. P.L. 2015, c. 149, also provides definitions for "recognized amusement park" and "skill-based attraction." The Commission proposes to amend N.J.A.C. 13:3-1.1 to revise the definition of "recognized amusement park" and to add a new definition of "skill-based attraction" to comply with P.L. 2015, c. 149.
The Commission has determined that the comment period for this notice of proposal shall be 60 days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this notice is excepted from the rulemaking calendar requirement.
Social Impact
The proposed amendments will have a beneficial impact on entities that choose to offer entertainment opportunities along with food and alcoholic beverages and those persons who wish to participate in amusement at those settings.
Economic Impact
The proposed amendments may have a beneficial economic impact on entities that hold alcoholic beverage licenses in that, if such entities obtain amusement games licenses, the amount that consumers spend in such entities may increase. The Commission does not believe that the proposed amendments will have any other economic impact.
Federal Standards Statement
A Federal standards analysis is not required because the proposed amendments are governed by N.J.S.A. 5:8-79, and are not subject to any Federal requirements or standards.
Jobs Impact
The Commission does not believe that the proposed amendments will increase or decrease the number of jobs in New Jersey.
Agriculture Industry Impact
The Commission does not believe that the proposed amendments will have any impact on the agriculture industry in the State.
Regulatory Flexibility Statement
Since amusement games license holders are individually licensed by the Commission under the Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., they may be considered "small businesses" for the purposes of the Act.
The proposed amendments do not impose any costs. The Commission does not believe that amusement games license holders will need to employ any professional services to comply with the requirements of the proposed amendments. The proposed amendments impose no compliance, reporting, or recordkeeping requirements.
Housing Affordability Impact Analysis
The proposed amendments will have an insignificant impact on affordability of housing in New Jersey, and there is an extreme unlikelihood that the proposed amendments would evoke a change in the average costs associated with housing because the proposed amendments concern a prohibition on alcoholic beverage license holders obtaining a license to offer amusement games.
Smart Growth Development Impact Analysis
The proposed amendments will have an insignificant impact on smart growth and there is an extreme unlikelihood that the proposed amendments would evoke a change in housing production in Planning Areas 1 or 2, or within designated centers, under the State Development and Redevelopment Plan in New Jersey because the proposed amendments concern a prohibition on alcoholic beverage license holders obtaining a license to offer amusement games.
Regulations
Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
SUBCHAPTER 1. ISSUANCE OF LICENSES BY MUNICIPAL GOVERNING BODIES
13:3-1.1 Definitions: [Location] location of games
(a) The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:
…
"Recognized amusement park" means a commercially operated permanent business, open to the public at least 31 consecutive days annually, [whose acreage] the location of which is designed and themed for the primary purpose of providing participatory amusements incorporating skill-based attractions, rides, or water slides licensed in accordance with N.J.S.A. 5:3-31[,] et seq., and food and merchandise concessions in permanent structures. Nothing in this definition shall prevent a license from being issued in any location [which] that has had a license issued prior to [(the effective date of this amendment)] May 16, 1988.
…
"Skill-based attraction" means an amusement utilizing a tangible object such as a ball, puck, or other portable object either alone or in competition with other on-premises guests, or requiring the exertion of physical, aerobic activity, such as dancing, climbing, running, or jumping rope, or any amusement that is predominantly skill-based and can be played in competition with other on-premises guests.
(b) (No change.)
13:3-1.7 Premises with alcoholic beverage license
(a) [No] Except as provided in (b) below, no amusement game license shall be issued for any premises [which] that holds an alcoholic beverage license.
(b) An amusement game license may be issued for a premise that holds a plenary retail consumption alcoholic beverage license, if the premise is at least 20,000 square feet and includes at least 100 amusement games.
In order to ensure your comments are received, please send your comments concerning any rule proposals via email to DCAProposal@dca.lps.state.nj.us. Please include the following in your email: Email Subject Line: Rule Proposal Subject Email Body: Comments to the Rule Proposal, Name, Affiliation and Contact Information (email address and telephone number)
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