New Jersey-2010-A1408-Introduced

An Act authorizing the Casino Control Commission to permit Atlantic City casinos to offer casino gambling over the Internet, and amending and supplementing the "Casino Control Act", P.L.1977, c.110 (C.5:12-1 et seq.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 6 of P.L.1977, c.110 (C.5:12-6) is amended to read as follows:

6. "Casino" or "casino room" or "licensed casino" -- One or more locations or rooms in a casino hotel facility that have been approved by the commission for the conduct of casino gaming in accordance with the provisions of this act. "Casino" or "casino room" or "licensed casino" shall not include any casino simulcasting facility authorized pursuant to the "Casino Simulcasting Act," P.L.1992, c.19 (C.5:12-191 et seq.).

"Casino" or "licensed casino" shall mean a "virtual casino" except in sections 35 and 96 through 99, inclusive, of P.L.1977, c.110 (C.5:12-35 and C.5:12-96 through 5:12-99, inclusive) and when it is clear on a plain reading of the statute that "casino" or "licensed casino" does not also mean "virtual casino".

(cf: P.L.1996, c.84, s.1)

2. Section 3 of P.L.1987, c.353 (C.5:12-43.1) is amended to read as follows:

3. "Restricted Casino Areas"--The cashier's cage, the soft count room, the hard count room, the slot cage booths and runway areas, the interior of table game pits, the surveillance room and catwalk areas, the slot machine repair room, any room or area related to virtual casino operations and any other area specifically designated by the commission as restricted in a licensee's operation certificate.

(cf: P.L.1987, c.353, s.3)

3. Section 5 of P.L.1977, c.110 (C.5:12-5) is amended to read as follows:

5. "Authorized Game" or "Authorized Gambling Game"-- Roulette, baccarat, blackjack, craps, big six wheel, slot machines, minibaccarat, red dog, pai gow, and sic bo; any variations or composites of such games, provided that such variations or composites, and any above listed game or variation or composite of such game to be offered through a virtual casino, are found by the commission suitable for use after an appropriate test or experimental period under such terms and conditions as the commission may deem appropriate; and any other game which is determined by the commission to be compatible with the public interest and to be suitable for casino or virtual casino use after such appropriate test or experimental period as the commission may deem appropriate. "Authorized game" or "authorized gambling game" includes gaming tournaments in which players compete against one another in one or more of the games authorized herein or by the commission or in approved variations or composites thereof if the tournaments are authorized by the commission.

(cf: P.L.1993, c.292, s.1)

4. Section 100 of P.L.1977, c.110 (C.5:12-100) is amended to read as follows:

100. a. This act shall not be construed to permit any gaming except the conduct of authorized games in a casino room or in a virtual casino in accordance with this act and the regulations promulgated hereunder and in a simulcasting facility to the extent provided by the "Casino Simulcasting Act," P.L.1992, c.19 (C.5:12-191 et al.). Notwithstanding the foregoing, if the commission approves the game of keno as an authorized game pursuant to section 5 of P.L.1977, c.110 (C.5:12-5), as amended, keno tickets may be sold or redeemed in accordance with commission regulations at any location in a casino hotel approved by the commission for such activity.

b. Gaming equipment shall not be possessed, maintained or exhibited by any person on the premises of a casino hotel except in a casino room, in the simulcasting facility, or in restricted casino areas used for the inspection, repair or storage of such equipment and specifically designated for that purpose by the casino licensee with the approval of the commission. Gaming equipment which supports the conduct of gaming in a casino or simulcasting facility or through a virtual casino but does not permit or require patron access, such as computers, or gaming software or other gaming equipment used to conduct virtual casino gaming, may be possessed and maintained by a casino licensee in restricted casino areas specifically designated for that purpose by the casino licensee with the approval of the commission. No gaming equipment shall be possessed, maintained, exhibited, brought into or removed from a casino room or simulcasting facility by any person unless such equipment is necessary to the conduct of an authorized game, has permanently affixed, imprinted, impressed or engraved thereon an identification number or symbol authorized by the commission, is under the exclusive control of a casino licensee or his employees, and is brought into or removed from the casino room or simulcasting facility following 24-hour prior notice given to an authorized agent of the commission.

Notwithstanding the foregoing, a person may, with the prior approval of the commission and under such terms and conditions as may be required by the commission, possess, maintain or exhibit gaming equipment in any other area of the casino hotel; provided such equipment is used for nongaming purposes.

c. Each casino hotel shall contain a count room and such other secure facilities as may be required by the commission for the counting and storage of cash, coins, tokens and checks received in the conduct of gaming and for the inspection, counting and storage of dice, cards, chips and other representatives of value. All drop boxes and other devices wherein cash, coins, or tokens are deposited at the gaming tables or in slot machines, and all areas wherein such boxes and devices are kept while in use, shall be equipped with two locking devices, one key to which shall be under the exclusive control of the commission and the other under the exclusive control of the casino licensee, and said drop boxes and other devices shall not be brought into or removed from a casino room or simulcasting facility, or locked or unlocked, except at such times, in such places, and according to such procedures as the commission may require.

d. All chips used in gaming shall be of such size and uniform color by denomination as the commission shall require by regulation.

e. All gaming shall be conducted according to rules promulgated by the commission. All wagers and pay-offs of winning wagers shall be made according to rules promulgated by the commission, which shall establish such limitations as may be necessary to assure the vitality of casino operations and fair odds to patrons. Each slot machine shall have a minimum payout of 83%.

f. Each casino licensee shall make available in printed form to any patron upon request the complete text of the rules of the commission regarding games and the conduct of gaming, pay-offs of winning wagers, an approximation of the odds of winning for each wager, and such other advice to the player as the commission shall require. Each casino licensee shall prominently post within a casino room, virtual casino and simulcasting facility, as appropriate, according to regulations of the commission such information about gaming rules, pay-offs of winning wagers, the odds of winning for each wager, and such other advice and information to the player as the commission shall require.

g. Each gaming table shall be equipped with a sign indicating the permissible minimum and maximum wagers pertaining thereto. Each game offered at a virtual casino shall display a sign indicating the permissible minimum and maximum wagers pertaining thereto. It shall be unlawful for a casino licensee to require any wager to be greater than the stated minimum or less than the stated maximum; provided, however, that any wager actually made by a patron and not rejected by a casino licensee prior to the commencement of play shall be treated as a valid wager.

h. (1) No slot machine shall be used to conduct gaming unless it is identical in all electrical, mechanical and other aspects to a model thereof which has been specifically tested by the division and licensed for use by the commission. The division may, in its discretion, and for the purpose of expediting the approval process, refer testing to any testing laboratory with a plenary license as a casino service industry pursuant to subsection a. of section 92 of P.L.1977, c.110 (C.5:12-92). The division shall give priority to the testing of slot machines which a casino licensee has certified it will use in its casino in this State. The commission shall, by regulation, establish such technical standards for licensure of slot machines, including mechanical and electrical reliability, security against tampering, the comprehensibility of wagering, and noise and light levels, as it may deem necessary to protect the player from fraud or deception and to insure the integrity of gaming. The denominations of such machines shall be set by the licensee; the licensee shall simultaneously notify the commission of the settings.

(2) The commission shall, by regulation, determine the permissible number and density of slot machines in a licensed casino so as to:

(a) promote optimum security for casino operations;

(b) avoid deception or frequent distraction to players at gaming tables;

(d) create and maintain a gracious playing environment in the casino; and

(e) encourage and preserve competition in casino operations by assuring that a variety of gaming opportunities is offered to the public.

Any such regulation promulgated by the commission which determines the permissible number and density of slot machines in a licensed casino shall provide that all casino floor space and all space within a casino licensee's casino simulcasting facility shall be included in any calculation of the permissible number and density of slot machines in a licensed casino.

(3) No software, computer or other gaming equipment shall be used to conduct virtual casino gaming unless it is has been specifically tested by the division and approved by the commission. The division may, in its discretion, and for the purpose of expediting the approval process, refer testing to any testing laboratory with a plenary license as a casino service industry pursuant to subsection a. of section 92 of P.L.1977, c.110 (C.5:12-92). The division shall give priority to the testing of software, computers or other gaming equipment which a casino licensee has certified it will use to conduct virtual casino gaming in this State. The commission shall, by regulation, establish such technical standards for approval of software, computers and other gaming equipment used to conduct virtual casino gaming, including mechanical, electrical or program reliability, security against tampering, the comprehensibility of wagering, and noise and light levels, as it may deem necessary to protect the player from fraud or deception and to insure the integrity of gaming. Where appropriate, the licensee shall set the denominations of virtual casino games and shall simultaneously notify the commission of the settings.

i. (Deleted by amendment, P.L.1991, c.182).

j. (Deleted by amendment, P.L.1991, c.182).

k. It shall be unlawful for any person to exchange or redeem chips for anything whatsoever, except for currency, negotiable personal checks, negotiable counter checks, other chips, coupons or complimentary vouchers distributed by the casino licensee, or, if authorized by regulation of the commission, a valid charge to a credit or debit card account. A casino licensee shall, upon the request of any person, redeem that licensee's gaming chips surrendered by that person in any amount over $100 with a check drawn upon the licensee's account at any banking institution in this State and made payable to that person.

l. It shall be unlawful for any casino licensee or its agents or employees to employ, contract with, or use any shill or barker to induce any person to enter a casino or simulcasting facility or play at any game or for any purpose whatsoever.

m. It shall be unlawful for a dealer in any authorized game in which cards are dealt to deal cards by hand or other than from a device specifically designed for that purpose, unless otherwise permitted by the rules of the commission.

n. It shall be unlawful for any casino key employee or any person who is required to hold a casino key employee license as a condition of employment or qualification to wager in any casino or simulcasting facility in this State, or any casino employee, other than a junket representative, bartender, waiter, waitress, or other casino employee who, in the judgment of the commission, is not directly involved with the conduct of gaming operations, to wager in a casino or simulcasting facility in the casino hotel in which the employee is employed or in any other casino or simulcasting facility in this State which is owned or operated by the same casino licensee. Any casino employee, other than a junket representative, bartender, waiter, waitress, or other casino employee who, in the judgment of the commission, is not directly involved with the conduct of gaming operations, must wait at least 30 days following the date that the employee either leaves employment with a casino licensee or is terminated from employment with a casino licensee before the employee may gamble in a casino or simulcasting facility in the casino hotel in which the employee was formerly employed or in any other casino or simulcasting facility in this State which is owned or operated by the same casino licensee.

o. (1) It shall be unlawful for any casino key employee or boxman, floorman, or any other casino employee who shall serve in a supervisory position to solicit or accept, and for any other casino employee to solicit, any tip or gratuity from any player or patron at the casino hotel or simulcasting facility where he is employed.

(2) A dealer may accept tips or gratuities from a patron at the table at which such dealer is conducting play, subject to the provisions of this subsection. All such tips or gratuities shall be immediately deposited in a lockbox reserved for that purpose, accounted for, and placed in a pool for distribution pro rata among the dealers, with the distribution based upon the number of hours each dealer has worked, except that the commission may permit a separate pool to be established for dealers in the game of poker, or may permit tips or gratuities to be retained by individual dealers in the game of poker.

(cf: P.L.1998, c.141, s.1)

5. Section 109 of P.L.1977, c.110 (5:12-109) is amended to read as follows:

109. Notwithstanding any provisions of this article, the commission may issue an emergency order for the suspension, limitation or conditioning of any operation certificate or any license, other than a casino license, or any registration, or any permit to operate a virtual casino, or may issue an emergency order requiring the licensed casino to keep an individual from the premises of such licensed casino or from using or maintaining a wagering account at a virtual casino, or not to pay such individual any remuneration for services or any profits, income or accruals on his investment in such casino, in the following manner:

a. An emergency order shall be issued only when the commission finds that:

(1) There has been charged a violation of any of the criminal laws of this State by a licensee or registrant, or

(2) Such action is necessary to prevent a violation of any such provision, or

(3) Such action is necessary immediately for the preservation of the public peace, health, safety, morals, good order and general welfare or to preserve the public policies declared by this act.

b. An emergency order shall set forth the grounds upon which it is issued, including the statement of facts constituting the alleged emergency necessitating such action.

c. The emergency order shall be effective immediately upon issuance and service upon the licensee, registrant, or resident agent of the licensee. The emergency order may suspend, limit, condition or take other action in relation to the approval of one or more individuals who were required to be approved in any operation, without necessarily affecting any other individuals or the licensed casino establishment. The emergency order shall remain effective until further order of the commission or final disposition of the case.

d. Within 5 days after issuance of an emergency order, the commission shall cause a complaint to be filed and served upon the person or entity involved in accordance with the provisions of this act.

e. Thereafter, the person or entity against whom the emergency order has been issued and served shall be entitled to a hearing before the commission in accordance with the provisions of this act.

(cf: P.L.1981, c.503, s.18)

6. Section 1 of P.L.1999, c.352 (C.5:12-129.1) is amended to read as follows:

1. The holder of any license issued under P.L.1977, c.110 (C.5:12-1 et seq.), or any person acting on behalf thereof, shall file a report of any suspicious transaction with the Director of the Division of Gaming Enforcement. For the purposes of P.L.1999, c.352 (C.5:12-129.1 et al.), "suspicious transaction" means the acceptance of cash [or] , the redeeming of chips or markers or other cash equivalents, or a payment to establish credits in a virtual casino wagering account involving or aggregating $5,000 if the licensee or person knows or suspects that the transaction:

a. involves funds derived from illegal activities or is intended or conducted in order to conceal or disguise funds or assets derived from illegal activities;

b. is part of a plan to violate or evade any law or regulation or to avoid any transaction reporting requirement under the law or regulations of this State or the United States, including a plan to structure a series of transactions to avoid any transaction reporting requirement under the laws or regulations of this State or the United States; or

c. has no business or other apparent lawful purpose or is not the sort of transaction in which a person would normally be expected to engage and the licensee or person knows of no reasonable explanation for the transaction after examining the available facts, including the background and possible purpose of the transaction.

(cf: P.L.1999, c.352, s.1)

7. (New section) "Virtual Casino" - An Internet website or a part of an Internet website established by a casino licensee pursuant to this act, P.L. , c. (C. )(now pending before the Legislature as this bill), through which the casino licensee may offer authorized games to residents of this State who have established a wagering account with the casino licensee.

8. (New section) a. No virtual casino shall be opened to the public, and no gaming, except for test purposes, may be conducted therein, until a casino licensee with a valid operation certificate receives from the commission a permit to conduct virtual casino gaming. Such permit, valid for one year, shall be issued by the commission upon a finding that a virtual casino complies in all respects with the requirements of this act, P.L. , c. (C. ) (now pending before the Legislature as this bill) and regulations promulgated hereunder, that the casino licensee has implemented necessary management controls and security precautions for the efficient operation of the virtual casino, that casino personnel having duties relating to the virtual casino are licensed for the performance of their respective responsibilities, and that the virtual casino is prepared in all respects to receive and entertain the public.

b. The permit shall include an itemized list by category and number of the authorized games featured in the particular virtual casino.

c. A casino licensee shall, in accordance with regulations promulgated by the commission, file any changes in the number of authorized games featured in its virtual casino with the commission and the division.

d. It shall be an express condition of the continued operation of a virtual casino that a casino licensee shall maintain all books, records, and documents pertaining to the licensee's virtual casino operations in a manner and location within this State approved by the commission. All such books, records and documents shall be immediately available for inspection during all hours of operation in accordance with the rules of the commission and shall be maintained for such period of time as the commission shall require.

e. Subject to the power of the commission to deny, revoke, or suspend permits, any virtual casino permit in force shall be renewed by the commission for one year upon proper application for renewal, completion of a review of virtual casino operations for compliance with this act, a review of all controls required under section 9 of this act and payment of permit fees and taxes as required by law and the regulations of the commission. Upon renewal of a virtual casino permit the commission shall issue an appropriate renewal certificate or validating device or sticker which shall be attached to the virtual casino permit.

f. Notwithstanding subsections a. and e. of this section, a virtual casino permit shall remain in force only if the casino licensee that holds the permit also holds a valid operation certificate.

9. (New section) a. The entire virtual casino operation, including facilities, equipment and personnel, shall be located within the licensees' casino hotel facility.

b. Facilities used to conduct and support virtual casino gaming shall:

(1) be arranged in a manner promoting optimum security for the virtual casino operation;

(2) include a closed circuit visual monitoring system according to specifications approved by the commission, with access on the licensed premises to the system or its signal provided to the commission or the division;

(3) not be designed in any way that might interfere with the ability of the commission or the division to supervise virtual casino operations; and

(4) comply in all respects with regulations of the commission pertaining thereto.

10. (New section) a. Notwithstanding section 99 of P.L.1977, c.110 (C.5:12-99), each casino licensee who holds or has applied for a permit to operate a virtual casino shall submit to the commission a description of its system of internal procedures and administrative and accounting controls for virtual casino gaming and a description of any changes thereof. Such submission shall be made at least 30 days before such operations are to commence or at least 30 days before any change in those procedures or controls is to take effect, unless otherwise directed by the commission. Notwithstanding the foregoing, the internal controls described in paragraph (3) of this subsection may be implemented by a casino licensee upon the filing of such internal controls with the commission. Each internal procedure or control submission shall contain both narrative and diagrammatic representations of the internal control system to be utilized with regard to the virtual casino, including, but not limited to:

(1) accounting controls, including the standardization of forms and definition of terms to be utilized in the gaming operations;

(2) procedures, forms, and, where appropriate, formulas covering the calculation of hold percentages; revenue drop; expense and overhead schedules; complimentary services; and cash equivalent transactions;

(3) job descriptions and the system of personnel and chain-of-command, establishing a diversity of responsibility among employees engaged in virtual casino operations and identifying primary and secondary supervisory positions for areas of responsibility; salary structure; and personnel practices;

(4) procedures for the establishment of wagering accounts, including a procedure for authenticating the age of the applicant for a wagering account;

(5) procedures for the termination of a wagering account by the account holder and the return of any remaining funds in the wagering account to the account holder;

(6) procedures for the termination of a dormant account;

(7) procedures for the logging in and authentication of a wagering account holder in order to enable the holder to commence virtual casino gaming, and the logging off of the holder of the wagering account when the account holder has finished gaming, including a procedure to automatically log off the holder after a specified period of inactivity;

(8) procedures for the crediting and debiting of wagering accounts;

(9) procedures for the cashing of checks to establish credit in a wagering account; the receipt and security of cash to establish credit in a wagering account, whether such cash is received by wire transfer, advance on a credit card or debit card or by other electronic means approved by the commission; and receipt of other electronic negotiable instruments approved by the commission to establish credit in a wagering account;

(10) procedures for the withdrawal of funds from a wagering account by the account holder;

(11) the redemption of virtual casino chips, tokens or other cash equivalents used in gaming and the pay-off of jackpots;

(12) the recording of transactions pertaining to gaming at a virtual casino;

(13) procedures for the security of information and funds in a wagering account;

(14) procedures for the transfer of funds from wagering accounts to the counting process;

(15) procedures and security for the counting and recordation of revenue;

(16) procedures for the security of virtual casino facilities within the casino hotel facility;

(17) procedures and security standards for the handling and storage of software, computers and other electronic equipment used to conduct virtual casino gaming;

(18) procedures and security standards to protect software, computers and other gaming equipment used to conduct virtual casino gaming from tampering by casino employees or any other person, from a location inside or outside of the casino hotel facility;

(19) procedures for responding to tampering with software, computers and other gaming equipment used to conduct virtual casino gaming or any gaming-related equipment or hardware used in support of gaming, including partial or complete suspension of virtual casino operations or the suspension of any or all wagering accounts when warranted; and

(20) procedures to assist problem and compulsive gamblers.

b. Each casino licensee shall also submit a description of its system of internal procedures and administrative and accounting controls for non-gaming operations regarding the website on which the virtual casino is accessed and a description of any changes thereto no later than five days after those operations commence or after any change in those procedures or controls takes effect.

c. The commission shall review each submission required by subsection a. and b. hereof, and shall determine whether it conforms to the requirements of this act, P.L. , c. (C. ) (now pending before the Legislature as this bill), and to the regulations promulgated thereunder and whether the system submitted provides adequate and effective controls for the virtual casino operations of the particular casino hotel submitting it. If the commission finds any insufficiencies, it shall specify the insufficiencies in writing to the casino licensee, who shall make appropriate alterations. When the commission determines a submission to be adequate in all respects, it shall notify the casino licensee. Except as otherwise provided in subsection a. of this section, no casino licensee shall commence or alter gaming operations unless and until such system of procedures and controls is approved by the commission.

11. (New section) a. To establish a wagering account at a virtual casino, a person shall be an individual at least 21 years of age and a resident of this State.

b. The account shall be in the name of a natural person and may not be in the name of any beneficiary, custodian, joint trust, corporation, partnership or other organization or entity.

c. An account may be established by a person submitting an application form approved by the commission along with proof of age. The commission shall specify by regulation what types of proof are sufficient to authenticate age. The application form shall include the address of the principal residence of the prospective account holder, an electronic mail address of the prospective account holder and a statement that a false statement made in regard to an application may subject the applicant to prosecution.

d. As part of the application process, the casino licensee shall provide the prospective account holder with a password to access the wagering account, or shall establish some other mechanism approved by the commission to authenticate the player as the holder of a wagering account and allow the holder access to the wagering account at the virtual casino.

e. The prospective account holder shall submit the completed application to the casino licensee. The licensee may accept or reject an application after receipt and review of the application and proof of age for compliance with this act, P.L. , c. (C. ) (now pending before the Legislature as this bill).

f. Any prospective account holder who provides false or misleading information on the application is subject to rejection of the application or cancellation of the account by the casino licensee.

g. The licensee shall have the right to suspend or close any wagering account at its discretion.

h. Any person on the list established by section 71 of P.L.1977, c.110 (C.5:12-71) of persons who are to be excluded or ejected from any licensed casino shall not be entitled to maintain a wagering account.

i. Any of the following persons shall not be permitted to maintain a wagering account:

(1) the Governor;

(2) any State officer or employee or special State officer or employee;

(3) any member of the Judiciary;

(4) any member of the Legislature;

(5) any officer of Atlantic City; or

(6) any casino employee, casino key employee or principal employee of a casino licensee that holds a virtual casino permit.

j. The address provided by the applicant in the application shall be deemed the proper address for the purposes of mailing checks, account withdrawals, notices and other materials.

k. A wagering account shall not be assignable or otherwise transferable.

l. The casino licensee may at any time declare all or any part of the virtual casino closed for wagering.

12. (New section) a. Credits to a wagering account at a virtual casino shall not be made except as provided by this subsection.

(1) The wagering account holder's deposits to the wagering account shall be submitted by the account holder to the casino licensee and shall be in the form of one of the following:

(a) cash given to the casino licensee;

(b) check, money order, negotiable order of withdrawal, or wire or electronic transfer, payable and remitted to the casino licensee;

(c) charges made to an account holder's debit or credit card upon the account holder's direct and personal instruction, which instruction may be given by telephone communication or other electronic means to the casino licensee by the account holder if the use of the card has been approved by the casino licensee; or

(d) any other method approved by the commission.

(2) When an account holder wins an account wager on a game at a virtual casino, the casino licensee shall pay to the holder virtual chips or tokens or other cash equivalents in the appropriate amount pursuant to the rules of that game for that particular type of wager. When the account holder logs off of the virtual casino or cashes out the virtual chips, tokens or other cash equivalents, the casino licensee shall credit the holder's wagering account in the amount of virtual chips, tokens or other cash equivalents cashed in.

(3) The casino licensee shall have the right to credit a wagering account as part of a promotion scheme.

(4) The casino licensee shall have the right to refuse for any valid reason all or part of any wager or deposit to the account.

(5) Funds deposited in the account shall not bear interest to the account holder.

b. Debits to a wagering account at a virtual casino shall not be made except as provided by this subsection.

(1) When an account holder logs onto a wagering account and exchanges account funds for virtual chips, tokens or other cash equivalents, the licensee shall debit the holder's account in the amount of funds exchanged. Upon receipt by a casino licensee of an account wager or an account purchase order, the casino licensee shall debit the account holder's virtual chips, tokens or other cash equivalents in the amount of the wager or purchase.

(2) A casino licensee may authorize a withdrawal from a wagering account when the account holder submits to the casino licensee:

(a) proper identification;

(b) the correct authentication information for access to the account; and

Upon receipt of a properly completed and executed withdrawal form, and if there are sufficient funds in the account to cover the withdrawal, the licensee shall send, within three business days of receipt, a check payable in the amount requested to the holder at the address specified in the application for the wagering account or shall transmit payment to the account holder electronically as approved by the commission by regulation.

13. (New section) A casino licensee may accept account wagers at its virtual casino only as follows:

a. The account wager shall be placed directly with the casino licensee by the holder of the wagering account.

b. The account holder placing the account wager shall provide the casino licensee with the correct authentication information for access to the wagering account.

c. A casino licensee may not accept an account wager in an amount in excess of funds on deposit in the wagering account of the holder placing the wager. Funds on deposit include amounts credited under section 12 of this act, P.L. c. (C. ) (now pending before the Legislature as this bill), and in the account at the time the wager is placed.

d. Only the holder of a wagering account shall place an account wager at a virtual casino.

14. (New section) All amounts remaining in wagering accounts inactive or dormant for such period and under such conditions as established by regulation by the commission shall be paid 50% to the casino licensee and 50% to the Casino Control Fund. Before closing a wagering account pursuant to this section, the casino licensee shall attempt to contact the account holder by mail, phone and computer.

15. (New section) a. The casino licensee shall establish a log in procedure for a holder of a wagering account to access the virtual casino. Part of the log in procedure shall be the provision by the account holder of the appropriate authentication information for access to the wagering account. The casino licensee shall not allow a an account holder to participate in gaming at a virtual casino before logging in and providing the proper authentication information to access the holder's wagering account.

b. Upon log in, the holder of a wagering account shall have the option to exchange any amount of funds in the wagering account to virtual chips, tokens or other cash equivalents, to be used for virtual casino gaming.

c. Upon logging off, the current amount of the holders' virtual chips, tokens or other cash equivalents shall be credited to the holder's wagering account.

16. (New section) The casino licensee shall provide to a holder of a wagering account who is logged in to his or her virtual casino wagering account access to a display on the virtual casino of all of the following information:

a. the current amount of money in the holder's account, including the current amount of the holder's virtual chips, tokens or other cash equivalents;

b. the amount of money the account holder has won or lost on virtual casino gaming since the account was established;

c. the amount of money the account holder has won or lost on virtual casino gaming during the current gaming session, where a gaming session begins at log on and ends at log off;

d. a detailed accounting of all other virtual casino gaming sessions, where a session begins at log on and ends at log off, including time and date of log on and log off and the amount of money won or lost on gaming and the amount of money spent from the account on merchandise or services; and

e. the complete text of the rules of the commission regarding games and the conduct of virtual casino gaming, pay-offs of winning wagers, an approximation of the odds of winning for each wager, and such other advice and information to the account holder as the commission shall require.

17. (New section) In order to assist those persons who may have a gambling problem, a casino licensee shall:

a. cause the words "If you or someone you know has a gambling problem and wants help, call 1-800 GAMBLER," or some comparable language approved by the commission, which language shall include the words "gambling problem" and "call 1-800 GAMBLER," to be prominently and continuously displayed to any person visiting or logged into the virtual casino;

b. provide a mechanism by which a holder of a wagering account may establish the following controls on wagering activity through the wagering account:

(1) a limit on the amount of money lost within a specified period of time and the length of time the holder will be unable to participate in gaming if the holder reaches the established loss limit;

(2) a limit on the maximum amount of any single wager on any game; and

(3) a temporary suspension of gaming through the account for any number of hours or days.

The casino licensee shall not send gaming-related mail or electronic mail to an account holder while gaming through his or her wagering account is suspended. The casino licensee shall provide a mechanism by which an account holder may change these controls, except that while gaming through the wagering account is suspended, the account holder may not change gaming controls until the suspension expires, but the holder shall continue to have access to the account and shall be permitted to withdraw funds from the account upon proper application therefor; and

c. establish a system by which a holder of a wagering account who sustains continuous losses of a sufficient level according to standards set by the commission by regulation, will have sent to his or her postal address and electronic mail address a list detailing all gaming winnings and losses through the wagering account, contact information for assistance with identifying a potential gambling problem and other information about gambling problems and compulsive gambling deemed appropriate by the commission.

18. (New section) a. Except as provided in this section, no casino licensee or any person licensed under P.L.1977, c.110 (C.5:12-1 et seq.) and no person acting on behalf of, or under any arrangement with, a casino licensee or other person licensed under P.L.1977, c.110, shall:

(1) cash any check, make any loan, or otherwise provide credit to any person for the purpose of crediting a virtual casino wagering account; or

(2) release or discharge any debt, either in whole or in part, or make any loan which represents any losses incurred by any account holder in gaming activity through a virtual casino, without maintaining a written record thereof in accordance with the rules of the commission.

b. Notwithstanding section 101 of P.L.1977, c.110 (C.5:12-101), no casino licensee or any person licensed under P.L.1977, c.110 (C.5:12-1 et seq.) and no person acting on behalf of, or under any arrangement with, a casino licensee or other person licensed under P.L.1977, c.110, may accept a check, other than a recognized traveler's check or other cash equivalent from any person for the purpose of crediting a virtual casino wagering account unless:

(1) the check is made payable to the casino licensee;

(2) the check is dated, but not postdated;

(3) the check is transmitted to the casino licensee and received by the licensee in a manner approved by the commission and is exchanged for credits on the virtual casino wagering account established by the drawer of the check; and

(4) the regulations concerning check cashing procedures are observed by the casino licensee and its employees and agents.

19. (New section) Any person who offers games into play or displays such games on a virtual casino without approval of the commission to do so is guilty of a crime of the fourth degree and notwithstanding the provisions of N.J.S.2C:43-3, shall be subject to a fine of not more than $25,000 and in the case of a person other than a natural person, to a fine of not more than $100,000 and any other appropriate disposition authorized by subsection b. of N.J.S.2C:43-2.

20. (New section) a. Notwithstanding section 46 of P.L.1991, c.182 (C.5:12-113.1), any person who knowingly tampers with software, computers or other equipment used to conduct virtual casino gaming to alter the odds or the payout of a game or disables the game from operating according to the rules of the game as promulgated by the commission is guilty of a crime of the third degree and notwithstanding the provisions of N.J.S.2C:43-3, shall be subject to a fine of not more than $50,000 and in the case of a person other than a natural person, to a fine of not more than $200,000 and any other appropriate disposition authorized by subsection b. of N.J.S.2C:43-2.

b. In addition to the penalties provided in subsection a., an employee of the casino licensee who violates this section shall have his or her license revoked and shall be subject to such further penalty as the commission deems appropriate.

c. In addition to the penalties provided in subsection a., a casino licensee that violates this section shall have its permit to conduct virtual casino gaming revoked and shall be subject to such further penalty as the commission deems appropriate.

21. (New section) a. Any person who knowingly offers or allows to be offered any virtual casino game that has been tampered with in a way that affects the odds or the payout of a game or disables the game from operating according to the rules of the game as promulgated by the commission is guilty of a crime of the third degree and notwithstanding the provisions of N.J.S.2C:43-3, shall be subject to a fine of not more than $50,000 and in the case of a person other than a natural person, to a fine of not more than $200,000 and any other appropriate disposition authorized by subsection b. of N.J.S.2C:43-2.

b. In addition to the penalties provided in subsection a., an employee of the casino licensee who knowingly violates this section shall have his or her license suspended for a period not less than 30 days.

c. In addition to the penalties provided in subsection a., a casino licensee that violates this section shall have its permit to conduct virtual casino gaming suspended for a period not less than 30 days.

22. (New section) a. No person under the age of 21 shall be permitted to maintain a virtual casino wagering account. Any casino licensee or employee of a casino licensee who allows a person under the age of 21 to maintain a wagering account is guilty of a crime of the fourth degree and subject to the penalties therefor; except that the establishment of all of the following facts by a licensee or employee allowing any such underage person to maintain an account shall constitute a defense to any prosecution therefor:

(1) that the underage person falsely represented during the application process for a virtual casino wagering account that he or she was at least 21 years of age; and

(2) that the establishment of the wagering account was made in good faith, relying upon such representation, and in the reasonable belief that the underage person was actually 21 years of age or older.

b. In addition to the penalties provided in subsection a., an employee of the casino licensee who violates the provisions of this section more than once shall have his or her license revoked.

c. In addition to the penalties provided in subsection a., a casino licensee that violates the provisions of this section more than once shall have its permit to conduct virtual casino gaming revoked.

23. (New section) a. The commission shall, by regulation, establish annual fees for the issuance or renewal of virtual casino permits. The issuance fee shall be based upon the cost of investigation and consideration of the license application and shall be not less than $200,000. The renewal fee shall be based upon the cost of maintaining enforcement, control and regulation of virtual casino operations and shall be not less than $100,000.

b. The Attorney General shall certify to the commission actual and prospective costs of the investigative and enforcement functions of the division, which costs shall be the basis, together with the operating expenses of the commission, for the establishment of annual permit issuance and renewal fees.

c. A nonrefundable deposit of at least $100,000 shall be required to be posted with each application for a virtual casino permit and shall be applied to the initial permit fee if the application is approved.

d. In addition to the permit issuance and renewal fees, a casino licensee with a virtual casino permit shall pay annually to the commission $100,000 to be deposited into the General Fund for appropriation by the Legislature to the Department of Health and Senior Services, $85,000 of which shall be allocated to the Council on Compulsive Gambling of New Jersey and $15,000 of which shall be used for compulsive gambling treatment programs in the State.

24. This act shall take effect 120 days after enactment, but the Casino Control Commission may take such anticipatory actions as may be necessary to effectuate the purposes of the act.

STATEMENT

This bill authorizes the Casino Control Commission to issue a permit to a licensed casino in Atlantic City to establish a virtual casino, which would enable New Jersey residents to place wagers over the Internet.

In particular, the bill provides:

� the application process for a licensed casino to obtain a permit to establish a virtual casino, with the permit valid for one year and subject to renewal. As part of the application process, a casino licensee must submit to the commission for its approval a description of its system of internal procedures (including security procedures) and administrative and accounting controls for virtual casino gaming. A casino licensee must also submit its gaming software and other virtual gaming equipment to the Division of Gaming Enforcement for testing to ensure compliance with technical standards for such equipment set by the commission;

� the process to allow individual players to establish virtual casino wagering accounts;

� procedures for the crediting and debiting of a wagering account;

� required features of the virtual casino to assist the wagering account holder;

� required features to assist problem gamblers and potential problem gamblers;

� penalties for violations of the provisions of the bill;

� an annual fee for virtual casino permit holders for the initial permit and permit renewal to cover the costs of regulation by the commission and the division, with the initial fee to be at least $200,000 and the renewal fee to be at least $100,000; and

� an annual fee for virtual casino permit holders of $100,000 to be allocated to programs to prevent compulsive gambling and to assist compulsive gamblers.

In addition, a licensed casino's virtual casino operations would be subject to the existing provisions of the Casino Control Act and the regulations of the commission, including, but not limited to:

� the 8% tax on gross revenues and the 2.5% investment alternative tax on gross revenues;

the licensure of all employees with gaming-related duties or responsibilities;

� penalties for a violation of the act; and

� supplemental sanctions deemed appropriate by the commission, for a violation of a provision of the existing casino control act or this amendatory and supplementary bill.

Finally, the bill maintains the commission's authority to promulgate regulations for virtual casino gaming and the commission's and the division's authority to protect the integrity of gaming.