51 N.J.R. 1352(a)

VOLUME 51, ISSUE 16, AUGUST 19, 2019
RULE PROPOSALS

Reporter
51 N.J.R. 1352(a)
NJ - New Jersey Register  >  2019  >  AUGUST  >  AUGUST 19, 2019  >  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 Amendment: N.J.A.C. 13:47-8.21

Text

Calendar Raffle; Sale of Tickets; Restrictions

Authorized By: Legalized Games of Chance Control Commission, Karl Reidel, Acting Executive Officer.

Authority: N.J.S.A. 5:8-51.

Calendar Reference: See Summary below for explanation of exception to calendar requirement.

Proposal Number: PRN 2019-120.

Submit comments by October 18, 2019, 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

A calendar raffle is a raffle in which the "ticket" that is purchased is a calendar with a specific number and prizes listed on different days. The qualified organization running the calendar raffle picks numbers on each day listed on the calendar. If a person's number is picked, he or she wins the prize that is listed on the calendar for that day. N.J.A.C. 13:47-8.21 requires that a calendar raffle award prizes for a period of at least three months. This rule requires the Legalized Games of Chance Control Commission (Commission) to deny applications for approval when qualified organizations wish to hold calendar raffles for less than three months. The Commission believes that applicants should be permitted to hold calendar raffles for shorter than three months, but believes that calendar raffles should be at least one month long, so that they still adhere to the structure of calendar raffles and do not become simple draw raffles. The Commission proposes to amend N.J.A.C. 13:47-8.21 so that calendar raffles will be at least one month long.

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 Commission does not believe that this proposed amendment will have an impact on society.

Economic Impact

The Commission does not believe that this proposed amendment will have an economic impact.

Federal Standards Statement

A Federal standards analysis is not required because the proposed amendment is governed by N.J.S.A. 5:8-6 and is not subject to any Federal requirements or standards.

Jobs Impact

The Commission does not believe that this proposed amendment will increase or decrease the number of jobs in New Jersey.

Agriculture Industry Impact

The Commission does not believe that this proposed amendment will have any impact on the agriculture industry in the State.

Regulatory Flexibility Statement

It is possible that some of the entities that hold calendar raffles could be considered "small businesses" under the Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq. The proposed amendment will have no economic impact and will not require any entities to employ professional services. The proposed amendment does not impose any compliance, recordkeeping, or reporting requirements.

Housing Affordability Impact Analysis

The proposed amendment will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the proposed amendment would evoke a change in the average costs associated with housing because the proposed amendment concerns calendar raffles.

Smart Growth Development Impact Analysis

The proposed amendment will have an insignificant impact on smart growth and there is an extreme unlikelihood that the proposed amendment 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 amendment concerns calendar raffles.

Racial and Ethnic Community Criminal Justice and Public Safety Impact

The Commission has evaluated this proposed amendment 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.

[page=1353] Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):

SUBCHAPTER 8.    CONDUCT OF RAFFLES

13:47-8.21  Calendar raffle; sale of tickets: restrictions

(a) (No change.)

(b) A calendar raffle shall be conducted so as to award prizes for a period of at least [three months] one month.

(c)-(d) (No change.)