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A2395
ASSEMBLY, No. 2395
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman WILLIAM F. MOEN, JR.
District 5 (Camden and Gloucester)
SYNOPSIS
���� Prohibits casino licensees from using non-wagering
casino games to solicit future gaming.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning the use of non-wagering casino games by
casino licensees to solicit future gaming, and amending P.L.1977, c.110.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
����� 1.�� 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 through Internet gaming 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
division 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 division regulations.
����� 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 division. Gaming equipment which
supports the conduct of gaming in a casino or simulcasting facility or through
Internet gaming but does not permit or require patron access, such as
computers, or gaming software or other gaming equipment used to conduct
Internet gaming may be possessed and maintained by a casino licensee or a
qualified holding or intermediary company of a casino licensee in restricted
areas specifically approved by the division. 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 division,
is under the exclusive control of a casino licensee or casino licensee's
employees, or of any individually qualified employee of a holding company or
casino licensee 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 division.
����� Notwithstanding
any other provision of this section, computer equipment used by the slot system
operator of a multi-casino progressive slot system to link and communicate with
the slot machines of two or more casino licensees for the purpose of calculating
and displaying the amount of a progressive jackpot, monitoring the operation of
the system, and any other purpose that the division deems necessary and
appropriate to the operation or maintenance of the multi-casino progressive
slot machine system may, with the prior approval of the division, be possessed,
maintained and operated by the slot system operator either in a restricted area
on the premises of a casino hotel or in a secure facility inaccessible to the
public and specifically designed for that purpose off the premises of a casino
hotel but within the territorial limits of Atlantic County, New Jersey.
����� Notwithstanding
the foregoing, a person may, with the prior approval of the division and under
such terms and conditions as may be required by the division, possess, maintain
or exhibit gaming equipment in any other area of the casino hotel, provided that
such equipment is used for nongaming purposes.
����� Notwithstanding
any other provision of this act to the contrary, the division may, by
regulation, authorize the linking of slot machines of one or more casino
licensees and slot machines located in casinos licensed by another state of the
United States.� Wagering and account information for a multi-state slot system
shall be transmitted by the operator of such multi-state slot system to either
a restricted area on the premises of a casino hotel or to a secure facility
inaccessible to the public and specifically designed for that purpose off the
premises of a casino hotel but within the territorial limits of Atlantic
County, New Jersey, and from there to slot machines of New Jersey casino
licensees, provided all locations are approved by the division.
����� Notwithstanding
any other provision of this act to the contrary, the division may authorize
electronic versions of authorized games to be played within an approved hotel
facility on mobile gaming devices to be approved by the division, provided the
player has established an account with the casino licensee, the wager is placed
by and the winnings are paid to the patron in person within the approved hotel
facility, the mobile gaming device is inoperable outside the approved hotel
facility, and the division authorizes the device for mobile gaming; provided
that the division may establish any additional or more stringent licensing and
other regulatory requirements necessary for the proper implementation and
conduct of mobile gaming as authorized herein.� For the purposes of this
provision, the approved hotel facility shall include any area located within
the property boundaries of the casino hotel facility, including the swimming
pool area and an outdoor recreation area, where mobile gaming devices may be used
by patrons in accordance with this provision, but excluding parking garages or
parking areas of a casino hotel facility, provided that the division shall
ascertain and ensure, pursuant to rules and regulations issued by it to
implement mobile gaming pursuant to this provision, that mobile gaming shall
not extend outside of the property boundaries of the casino hotel facility.�
����� c.�� Each
casino hotel shall contain a count room and such other secure facilities as may
be required by the division for the counting and storage of cash, coins,
tokens, checks, plaques, gaming vouchers, coupons, and other devices or items
of value used in wagering and approved by the division that are received in the
conduct of gaming and for the inspection, counting and storage of dice, cards,
chips and other representatives of value. The division shall promulgate
regulations for the security of drop boxes and other devices in which the
foregoing items are deposited at the gaming tables or in slot machines, and all
areas wherein such boxes and devices are kept while in use, which regulations
may include certain locking devices. 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 division may require.
����� d.�� All
chips used in gaming shall be of such size and uniform color by denomination as
the division shall require by regulation.
����� e.�� All
gaming shall be conducted according to rules promulgated by the division. All
wagers and pay-offs of winning wagers shall be made according to rules
promulgated by the division, 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 division 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 division shall
require. Each casino licensee shall prominently post within a casino room and
simulcasting facility, as appropriate, according to regulations of the division
such information about gaming rules, pay-offs of winning wagers, the odds of
winning for each wager, and such other advice to the player as the division
shall require.
����� g.�� Each
gaming table shall be equipped with a sign indicating the permissible minimum
and maximum wagers pertaining thereto.� All gaming and wagering offered through
Internet gaming shall display online 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)
Except as herein provided, 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 and licensed for use by the
division. The division shall also test any other gaming device, gaming
equipment, gaming-related device, hardware and software by which authorized
gambling games are offered through the Internet, or gross-revenue related
device, such as a slot management system, electronic transfer credit system or
gaming voucher system as it deems appropriate. In its discretion and for the
purpose of expediting the approval process, the division may utilize the
services of a private testing laboratory that has obtained a plenary license as
a casino service industry enterprise pursuant to subsection a. of section 92 of
P.L.1977, c.110 (C.5:12-92) to perform the testing, and may also utilize
applicable data from any such private testing laboratory or from a governmental
agency of a state other than New Jersey authorized to regulate slot machines
and other gaming devices, gaming equipment, gaming-related devices and
gross-revenue related devices used in casino gaming, if the private testing
laboratory or governmental agency uses a testing methodology substantially
similar to the methodology utilized by the division. The division, in its
discretion, may rely upon the data provided by the private testing laboratory
or governmental agency and adopt the conclusions of such private testing
laboratory or governmental agency regarding any submitted device.
����� (2)� Except
as otherwise provided in paragraph (5) of subsection h. of this section, the
division shall, within 60 days of its receipt of a complete application for the
testing of a slot machine or other gaming equipment model, approve or reject
the slot machine or other gaming equipment model. In so doing, the division
shall specify whether and to what extent any data from a private testing
laboratory or governmental agency of a state other than New Jersey was used in
reaching its conclusions and recommendation. If the division is unable to
complete the testing of a slot machine or other gaming equipment model within
this 60-day period, the division may conditionally approve the slot machine or
other gaming equipment model for test use by a casino licensee provided that
the division represents that the use of the slot machine or other gaming
equipment model will not have a direct and materially adverse impact on the
integrity of gaming or the control of gross revenue. The division shall give
priority to the testing of slot machines or other gaming equipment which a
casino licensee has certified it will use in its casino in this State.
����� (3)� The
division 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 division
of the settings.
����� (4)� The
division 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;
����� (c)� promote
the comfort of patrons;
����� (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 division 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.
����� (5)� Any
new gaming equipment or simulcast wagering equipment that is submitted for
testing to the division or to an independent testing laboratory licensed
pursuant to subsection a. of section 92 of P.L.1977, c.110 (C.5:12-92) prior to
or simultaneously with submission of such new equipment for testing in a
jurisdiction other than New Jersey, may, consistent with regulations
promulgated by the division, be deployed by a casino licensee on the casino
floor 14 days after submission of such equipment for testing. If the casino or
casino service industry enterprise licensee has not received approval for the
equipment 14 days after submission for testing, any interested casino licensee
may, consistent with division regulations, deploy the equipment on a field test
basis, unless otherwise directed by the director.
����� (6)� A
casino's primary equipment used to conduct Internet gaming shall be located,
with the prior approval of the division, in a restricted area on the premises
of the casino hotel or in another facility owned or leased by the casino
licensee that is secure, inaccessible to the public, and specifically designed
to house that equipment, and where the equipment shall be under the complete
control of the casino licensee or its Internet gaming affiliate, within the
territorial limits of Atlantic City, New Jersey.� Backup equipment used on a
temporary basis pursuant to rules established by the division to conduct
Internet gaming may be located outside the territorial limits of Atlantic City,
provided no Internet gaming shall occur unless a wager is accepted by a casino
within the territorial limits of Atlantic City, New Jersey.� All Internet
wagers shall be deemed to be placed when received in Atlantic City by the
licensee.� Any intermediate routing of electronic data in connection with a
wager shall not affect the fact that the wager is placed in Atlantic City.� For
the purposes of this section, a secure facility within Atlantic City that is
owned or leased by the casino licensee to house Internet gaming equipment shall
be considered to be part of the casino hotel facility notwithstanding that the
facility may not be contiguous with the premises of the casino hotel.
����� No
software, computer or other gaming equipment shall be used to conduct Internet
gaming unless it has been specifically tested by the division.� 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 enterprise 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 Internet gaming in this State.� The division
shall, by regulation, establish such technical standards for approval of
software, computers and other gaming equipment used to conduct Internet 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.� When appropriate, the licensee shall set the
denominations of Internet games and shall simultaneously notify the division of
the settings.
����� No
software, computer or other gaming equipment shall be used to conduct Internet
gaming unless it is able to verify that a player placing a wager is physically
present in this State.� The division shall require by regulation that the
equipment used by every licensee to conduct Internet gaming is, in fact,
verifying every player's physical presence in this State each time a player
logs onto a new playing session.
����� i.��� (Deleted
by amendment, P.L.1991, c.182).
����� j.��� (Deleted
by amendment, P.L.1991, c.182).
����� k.��
(1)
�
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, slot vouchers or complimentary vouchers
distributed by the casino licensee, or, if authorized by regulation of the
division, 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.
�����
(2)�
It shall be unlawful for a casino licensee, through its agents, employees, or
any contracted operator, or any party with which the casino licensee has a
relationship, to conduct a non-wagering casino game that provides a reward for
immediate or continued participation that serves to solicit future
participation in wagering activities.� Nothing in this paragraph shall be
construed to limit the ability of a casino licensee to offer rewards unrelated
to wagering activities, such as complimentary stays at a casino hotel or
tickets to an event occurring at the casino, on the basis of a person�s
participation in non-wagering casino games.
�����
As
used in this paragraph, �non-wagering casino game� means any game, conducted in
person or via the Internet, which offers participants an experience equivalent
to, or with similar odds of winning as, a game that ordinarily requires a
casino license to be conducted, except that the game does not require any
initial monetary investment on behalf of the participants to play.
����� 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 division.
����� n.�� (1)
It shall be unlawful for any casino key employee licensee to wager in any
casino or simulcasting facility in this State.
����� (2)� It
shall be unlawful for any other employee of a casino licensee who, in the
judgment of the division, is directly involved with the conduct of gaming
operations, including but not limited to dealers, floor persons, box persons,
security and surveillance employees, to wager in any 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 an
affiliated licensee.�
����� (3)� The
prohibition against wagering set forth in paragraphs (1) and (2) of this
subsection shall continue for a period of 30 days commencing upon the date that
the employee either leaves employment with a casino licensee or is terminated
from employment with a 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, unless the tip or gratuity is authorized by a patron
utilizing an automated wagering system approved by the division. All tips or
gratuities shall be 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 division may, by regulation, 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.
����� (3)� Notwithstanding
the provisions of paragraph (1) of this subsection, a casino licensee may
require that a percentage of the prize pool offered to participants pursuant to
an authorized poker tournament be withheld for distribution to the tournament
dealers as tips or gratuities as the division by regulation may approve.
����� p.�� Any
slot system operator that offers an annuity jackpot shall secure the payment of
such jackpot by establishing an annuity jackpot guarantee in accordance with
the requirements of P.L.1977, c.110 (C.5:12-1 et seq.), and the rules of the
division.
(cf:
P.L.2014, c.23, s.3)
���� 2.��� This act shall take
effect immediately.
STATEMENT
�����
Under this bill, it will be unlawful for a
casino licensee, through its agents, employees, or any contracted operator, or
any party with which the casino licensee has a relationship, to conduct a
non-wagering casino game that provides a reward for immediate or continued
participation or that serves to solicit future participation in wagering
activities.
���� As used in this bill,
�non-wagering casino game� means any game, conducted in person or via the
Internet, which offers participants an experience equivalent to, or with
similar odds of winning as, a game that ordinarily requires a casino license to
be conducted, except that the game does not require any initial monetary
investment on behalf of the participants to play.
���� This bill is intended to
address a practice whereby casinos may engage with applications with games that
simulate the experience of playing real casino games, but for fictitious points
or credits rather than real world things of value.� The participants in these
games, some of whom may be underage at the time, are incentivized to �practice�
playing the games with the promise that one day they may be able redeem those
points or credits for better terms, or something else of value, received from
the casino licensee.� This bill would make it unlawful for any casino licensee
to engage in this practice.
���� The bill will not be construed
to limit the ability of a casino licensee to offer rewards unrelated to
wagering activities, such as complimentary stays at a casino hotel or tickets
to an event occurring at the casino, on the basis of a person�s participation
in non-wagering casino games.