53 N.J.R. 1985(a)

VOLUME 53, ISSUE 23, DECEMBER 6, 2021
RULE PROPOSALS

Reporter
53 N.J.R. 1985(a)
NJ - New Jersey Register  >  2021  >  DECEMBER  >  DECEMBER 6, 2021  >  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. 13:47-1.1 and 8.15
Text

  Words and Phrases Defined; Special Door-Prize Raffle
Authorized By: Karl Reidel, Executive Officer, Legalized Games of Chance Control Commission.
Authority: N.J.S.A. 5:8-6.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2021-111.
Submit comments by February 4, 2022, 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.S.A. 5:8-51 establishes standards for raffles for door prizes. P.L. 2015, c. 80 revised this statute to delete the requirement that merchandise awarded in a door prize raffle be donated. The amendments also deleted a prohibition on any other game of chance being held, operated, or conducted in conjunction with a door-prize raffle. P.L. 2015, c. 80 also raised the limit on the value of merchandise awarded in a door-prize raffle from $ 50.00 to $ 200.00, or an amount established by regulation. The Legalized Games of Chance Control Commission (Commission) proposes to amend the definition of "special door prize raffle" at N.J.A.C. 13:47-1.1 to reflect the revisions at P.L. 2015, c. 80. The Commission also proposes to amend N.J.A.C. 13:47-8.15 to delete the requirement that prizes be wholly donated and the prohibition on other games of chance being held or conducted at an occasion at which a door-prize raffle is held. The proposed amendments would also raise the limitation on the prize value from $ 50.00 to $ 200.00  
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 hold door-prize raffles in that such entities will be permitted to award prizes of greater value and do so at events where other licensed games of chance are conducted. This will presumably increase the attractiveness of the door-prize raffles held at those events, and encourage greater participation, which will lead to an increase in proceeds that will be used for authorized purposes.  
Economic Impact  
The proposed amendments may have a beneficial economic impact on entities that hold door-prize raffles. Increasing the value of the prizes such entities award in such raffles is expected to enhance event participation and presumably increase the amount such entities can raise through attendance and, if conducted, through other licensed games of chance.  
Federal Standards Statement  
A Federal standards analysis is not required because the proposed amendments are governed by N.J.S.A. 5:8-6 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  
It is possible that some of the entities that hold door prize raffles could be considered "small businesses" pursuant to the Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq. The proposed amendments will have the same positive economic impact on small businesses as on all businesses, as outlined in the Economic Impact statement. The proposed amendments will not require any entities to employ professional services. The proposed amendments do not impose any compliance, recordkeeping, or reporting requirements.  
Housing Affordability Impact Analysis  
The proposed amendments will have an insignificant impact on the 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 the awarding of door-prize raffles.  
Smart Growth Development Impact  
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 the awarding of door-prize raffles.  
Racial and Ethnic Community Criminal Justice and Public Safety Impact  
The Commission has evaluated this rulemaking and determined that it will not have an impact on pretrial detention, sentencing, probation, or parole policies concerning adults and juveniles in the State. Accordingly, no further analysis is required.  
Full text of the proposal follows (additions indicated in boldface   thus; deletions indicated in brackets [thus]):  
SUBCHAPTER 1.   DEFINITIONS  
13:47-1.1    Words and phrases defined  
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:  
. . .  
"Special [door prize]   door-prize raffle" means a raffle for a door prize(s) of [donated] merchandise, the total retail value of which shall not exceed $[50.00]  200.00, for which no extra charge is made, at an assemblage [where no other game of chance is held, operated or conducted], and the net proceeds of which are devoted to an authorized purpose.  
. . .  
SUBCHAPTER 8.   CONDUCT OF RAFFLES  
13:47-8.15  Special door-prize raffle  
(a) A "special door-prize raffle" is one that may be conducted without a license under the following conditions:  
1.-3. (No change.)  
[4. All prizes must be wholly donated;]  
[5.]   4.  The total retail value of all prizes must be less than $[50.00]  200.00;   and  
[6. No game of chance other than the special door prize raffle may be held or conducted on the occasion; and]  
[7.]   5. (No change in text.)