Bill Text: NJ A4066 | 2024-2025 | Regular Session | Introduced
Bill Title: Changes underage gambling from disorderly persons offense to civil penalty; provides for deposit of all associated fines to local public safety funds.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced) 2024-03-14 - Introduced, Referred to Assembly Tourism, Gaming and the Arts Committee [A4066 Detail]
Download: New_Jersey-2024-A4066-Introduced.html
Sponsored by:
Assemblywoman CLAIRE S. SWIFT
District 2 (Atlantic)
Assemblyman ANTHONY S. VERRELLI
District 15 (Hunterdon and Mercer)
SYNOPSIS
Changes underage gambling from disorderly persons offense to civil penalty; provides for deposit of all associated fines to local public safety funds.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the penalties for underage gambling and amending P.L.1977, c.110.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 119 of P.L.1977, c.110 (C.5:12-119) is amended to read as follows:
119. Gaming by Certain Persons Prohibited; Penalties; Defenses.
a. A person under the age at which a person is authorized to purchase and consume alcoholic beverages shall not enter, or wager in, a licensed casino or simulcasting facility; provided, however, that the person may enter a casino or simulcasting facility by way of passage to another room, and provided further, however, that any person licensed or registered under the provisions of the "Casino Control Act," P.L.1977, c.110 (C.5:12-1 et seq.), may enter a casino or simulcasting facility in the regular course of the person's permitted activities.
Any person who violates this subsection shall be [guilty of a disorderly persons offense and shall be fined not less than $500 and not more than $1,000] liable to a civil penalty of up to $500 for the first offense, up to $1,000 for the second offense, and up to $2,000 for the third offense and any offense thereafter, which shall be collected by the commissioner in a summary proceeding before a court of competent jurisdiction pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
b. Any licensee or employee of a casino who allows a person under the age at which a person is authorized to purchase and consume alcoholic beverages to remain in or wager in a casino or simulcasting facility [is guilty of a disorderly persons offense] shall be liable to the same civil penalty established pursuant to subsection a. of this section; except that the establishment of all of the following facts by a licensee or employee allowing any underage person to remain shall constitute a defense to any [prosecution] proceeding therefor:
(1) That the underage person falsely represented in writing that he or she was at or over the age at which a person is authorized to purchase and consume alcoholic beverages;
(2) That the appearance of the underage person was such that an ordinary prudent person would believe him or her to be at or over the age at which a person is authorized to purchase and consume alcoholic beverages; and
(3) That the admission was made in good faith, relying upon such written representation and appearance, and in the reasonable belief that the underage person was actually at or over the age at which a person is authorized to purchase and consume alcoholic beverages.
c. A person who knowingly allows or permits another person who is under his or her lawful care, custody, or control and who is under the age at which a person is authorized to purchase and consume alcoholic beverages to wager or attempt to wager in a licensed casino or simulcasting facility in violation of subsection a. of this section [is guilty of a disorderly persons offense] shall be liable to the same civil penalty established pursuant to subsection a. of this section.
d. All penalties assessed under this section shall be distributed to the city of Atlantic City for deposit into a dedicated public safety services trust fund. Amounts deposited in the trust fund shall be used by the city solely and exclusively to fund appropriations for public safety services.
(cf: P.L.2019, c.276, s.8)
2. This act shall take effect immediately.
STATEMENT
Under current law, anyone who gambles while under the legal of 21 is guilty of a disorderly persons offense. A person who allows someone under the age of 21 to gamble, while they are in that person's legal care or custody, is also guilty of a disorderly persons offense. A licensee or employee of a casino who allows someone under the age of 21 to gamble is guilty of a disorderly persons offense as well.
This bill changes the penalties for these actions from that of a disorderly persons offense, which is of a criminal nature, to instead be a civil fine of up to $500 for the first offense, up to $1,000 for the second offense, and up to $2,000 for any offense thereafter. The fines collected will be distributed to Atlantic City for the sole use of public safety services.
