LEGISLATIVE HISTORY CHECKLIST Compiled by the NJ State Law Library LAWS OF: 1998 CHAPTER:141 NJSA: 5:12-100 "Poker Dealers -- Tips" BILL NO: A1859 (Substituted for S312) SPONSOR(S): LeFevre and Blee DATE INTRODUCED: March 23, 1998 COMMITTEE: ASSEMBLY: Commerce, Tourism SENATE: ~~~~ AMENDED DURING PASSAGE:Yes DATE OF PASSAGE: ASSEMBLY: June 18, 1998; Re-enacted October 29, 1998 SENATE: June 22, 1998; Re-enacted December 10, 1998 DATE OF APPROVAL: December 11, 1998 THE FOLLOWING ARE ATTACHED IF AVAILABLE: FINAL TEXT OF BILL: 1st Reprint (Amendments during passage denoted by superscript numbers) A1859 SPONSORS STATEMENT: Yes (Begins on page 5 of original bill) COMMITTEE STATEMENT: ASSEMBLY:Yes SENATE:No FLOOR AMENDMENT STATEMENTS: No LEGISLATIVE FISCAL ESTIMATE: No S312 SPONSORS STATEMENT: Yes (Begins on page 5 of original bill) (Bill and Sponsors Statement identical to A1859) COMMITTEE STATEMENT: ASSEMBLY: No SENATE: Yes FLOOR AMENDMENT STATEMENTS: No LEGISLATIVE FISCAL ESTIMATE: No VETO MESSAGE:Yes GOVERNOR'S PRESS RELEASE ON SIGNING: Yes THE FOLLOWING WERE PRINTED: To check for circulating copies contact New Jersey State Government Publications at the State Library (609) 278-2640 ext. 103 or refdesk@njstatelib.org REPORTS: No HEARINGS: No NEWSPAPER ARTICLES: No [First Reprint] ASSEMBLY, No. 1859 STATE OF NEW JERSEY 208th LEGISLATURE INTRODUCED MARCH 23, 1998 Sponsored by: Assemblyman KENNETH C. LEFEVRE District 2 (Atlantic) Assemblyman FRANCIS J. BLEE District 2 (Atlantic) Co-Sponsored by: Assemblyman Azzolina and Senator Gormley SYNOPSIS Allows Casino Control Commission to permit either separate pool for tips and gratutities for poker dealers or the retention of tips and gratuities by individual poker dealers. CURRENT VERSION OF TEXT As amended on September 17, 1998 by the General Assembly pursuant to the Governor's recommendations. (Sponsorship Updated As Of: 6/23/1998) A1859 [1R] LEFEVRE, BLEE 2 1 .AN ACT concerning tips or gratuities received by poker dealers at 2 casinos and amending P.L.1977, c.110. 3 4 BE IT ENACTED by the Senate and General Assembly of the State 5 of New Jersey: 6 7 1. Section 100 of P.L.1977, c.110 (C.5:12-100) is amended to read 8 as follows: 9 100. Games and Gaming Equipment. 10 a. This act shall not be construed to permit any gaming except the 11 conduct of authorized games in a casino room in accordance with this 12 act and the regulations promulgated hereunder and in a simulcasting 13 facility to the extent provided by the "Casino Simulcasting Act," 14 P.L.1992, c.19 (C.5:12-191 et al.). Notwithstanding the foregoing, if 15 the commission approves the game of keno as an authorized game 16 pursuant to section 5 of P.L.1977, c.110 (C.5:12-5), as amended, keno 17 tickets may be sold or redeemed in accordance with commission 18 regulations at any location in a casino hotel approved by the 19 commission for such activity. 20 b. Gaming equipment shall not be possessed, maintained or 21 exhibited by any person on the premises of a casino hotel except in a 22 casino room, in the simulcasting facility, or in restricted casino areas 23 used for the inspection, repair or storage of such equipment and 24 specifically designated for that purpose by the casino licensee with the 25 approval of the commission. Gaming equipment which supports the 26 conduct of gaming in a casino or simulcasting facility but does not 27 permit or require patron access, such as computers, may be possessed 28 and maintained by a casino licensee in restricted casino areas 29 specifically designated for that purpose by the casino licensee with the 30 approval of the commission. No gaming equipment shall be possessed, 31 maintained, exhibited, brought into or removed from a casino room or 32 simulcasting facility by any person unless such equipment is necessary 33 to the conduct of an authorized game, has permanently affixed, 34 imprinted, impressed or engraved thereon an identification number or 35 symbol authorized by the commission, is under the exclusive control 36 of a casino licensee or his employees, and is brought into or removed 37 from the casino room or simulcasting facility following 24-hour prior 38 notice given to an authorized agent of the commission. 39 Notwithstanding the foregoing, a person may, with the prior 40 approval of the commission and under such terms and conditions as 41 may be required by the commission, possess, maintain or exhibit EXPLANATION - Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted in the law. Matter underlined thus is new matter. Matter enclosed in superscript numerals has been adopted as follows: 1 Assembly amendments adopted in accordance with Governor's recommendations September 17, 1998. A1859 [1R] LEFEVRE, BLEE 3 1 gaming equipment in any other area of the casino hotel; provided such 2 equipment is used for nongaming purposes. 3 c. Each casino hotel shall contain a count room and such other 4 secure facilities as may be required by the commission for the counting 5 and storage of cash, coins, tokens and checks received in the conduct 6 of gaming and for the inspection, counting and storage of dice, cards, 7 chips and other representatives of value. All drop boxes and other 8 devices wherein cash, coins, or tokens are deposited at the gaming 9 tables or in slot machines, and all areas wherein such boxes and 10 devices are kept while in use, shall be equipped with two locking 11 devices, one key to which shall be under the exclusive control of the 12 commission and the other under the exclusive control of the casino 13 licensee, and said drop boxes and other devices shall not be brought 14 into or removed from a casino room or simulcasting facility, or locked 15 or unlocked, except at such times, in such places, and according to 16 such procedures as the commission may require. 17 d. All chips used in gaming shall be of such size and uniform color 18 by denomination as the commission shall require by regulation. 19 e. All gaming shall be conducted according to rules promulgated 20 by the commission. All wagers and pay-offs of winning wagers shall 21 be made according to rules promulgated by the commission, which 22 shall establish such limitations as may be necessary to assure the 23 vitality of casino operations and fair odds to patrons. Each slot 24 machine shall have a minimum payout of 83%. 25 f. Each casino licensee shall make available in printed form to any 26 patron upon request the complete text of the rules of the commission 27 regarding games and the conduct of gaming, pay-offs of winning 28 wagers, an approximation of the odds of winning for each wager, and 29 such other advice to the player as the commission shall require. Each 30 casino licensee shall prominently post within a casino room and 31 simulcasting facility, as appropriate, according to regulations of the 32 commission such information about gaming rules, pay-offs of winning 33 wagers, the odds of winning for each wager, and such other advice to 34 the player as the commission shall require. 35 g. Each gaming table shall be equipped with a sign indicating the 36 permissible minimum and maximum wagers pertaining thereto. It shall 37 be unlawful for a casino licensee to require any wager to be greater 38 than the stated minimum or less than the stated maximum; provided, 39 however, that any wager actually made by a patron and not rejected by 40 a casino licensee prior to the commencement of play shall be treated 41 as a valid wager. 42 h. (1) No slot machine shall be used to conduct gaming unless it 43 is identical in all electrical, mechanical and other aspects to a model 44 thereof which has been specifically tested by the division and licensed 45 for use by the commission. The division may, in its discretion, and for 46 the purpose of expediting the approval process, refer testing to any A1859 [1R] LEFEVRE, BLEE 4 1 testing laboratory with a plenary license as a casino service industry 2 pursuant to subsection a. of section 92 of P.L.1977, c.110 3 (C.5:12-92). The division shall give priority to the testing of slot 4 machines which a casino licensee has certified it will use in its casino 5 in this State. The commission shall, by regulation, establish such 6 technical standards for licensure of slot machines, including mechanical 7 and electrical reliability, security against tampering, the 8 comprehensibility of wagering, and noise and light levels, as it may 9 deem necessary to protect the player from fraud or deception and to 10 insure the integrity of gaming. The denominations of such machines 11 shall be set by the licensee; the licensee shall simultaneously notify the 12 commission of the settings. 13 (2) The commission shall, by regulation, determine the permissible 14 number and density of slot machines in a licensed casino so as to: 15 (a) promote optimum security for casino operations; 16 (b) avoid deception or frequent distraction to players at gaming 17 tables; 18 (c) promote the comfort of patrons; 19 (d) create and maintain a gracious playing environment in the 20 casino; and 21 (e) encourage and preserve competition in casino operations by 22 assuring that a variety of gaming opportunities is offered to the public. 23 Any such regulation promulgated by the commission which 24 determines the permissible number and density of slot machines in a 25 licensed casino shall provide that all casino floor space and all space 26 within a casino licensee's casino simulcasting facility shall be included 27 in any calculation of the permissible number and density of slot 28 machines in a licensed casino. 29 i. (Deleted by amendment, P.L.1991, c.182). 30 j. (Deleted by amendment, P.L.1991, c.182). 31 k. It shall be unlawful for any person to exchange or redeem chips 32 for anything whatsoever, except for currency, negotiable personal 33 checks, negotiable counter checks, other chips, coupons or 34 complimentary vouchers distributed by the casino licensee, or, if 35 authorized by regulation of the commission, a valid charge to a credit 36 or debit card account. A casino licensee shall, upon the request of any 37 person, redeem that licensee's gaming chips surrendered by that person 38 in any amount over $100 with a check drawn upon the licensee's 39 account at any banking institution in this State and made payable to 40 that person. 41 l. It shall be unlawful for any casino licensee or its agents or 42 employees to employ, contract with, or use any shill or barker to 43 induce any person to enter a casino or simulcasting facility or play at 44 any game or for any purpose whatsoever. 45 m. It shall be unlawful for a dealer in any authorized game in which 46 cards are dealt to deal cards by hand or other than from a device A1859 [1R] LEFEVRE, BLEE 5 1 specifically designed for that purpose, unless otherwise permitted by 2 the rules of the commission. 3 n. It shall be unlawful for any casino key employee or any person 4 who is required to hold a casino key employee license as a condition 5 of employment or qualification to wager in any casino or simulcasting 6 facility in this State, or any casino employee, other than a junket 7 representative, bartender, waiter, waitress, or other casino employee 8 who, in the judgment of the commission, is not directly involved with 9 the conduct of gaming operations, to wager in a casino or simulcasting 10 facility in the casino hotel in which the employee is employed or in any 11 other casino or simulcasting facility in this State which is owned or 12 operated by the same casino licensee. Any casino employee, other 13 than a junket representative, bartender, waiter, waitress, or other 14 casino employee who, in the judgment of the commission, is not 15 directly involved with the conduct of gaming operations, must wait at 16 least 30 days following the date that the employee either leaves 17 employment with a casino licensee or is terminated from employment 18 with a casino licensee before the employee may gamble in a casino or 19 simulcasting facility in the casino hotel in which the employee was 20 formerly employed or in any other casino or simulcasting facility in this 21 State which is owned or operated by the same casino licensee. 22 o. (1) It shall be unlawful for any casino key employee or boxman, 23 floorman, or any other casino employee who shall serve in a 24 supervisory position to solicit or accept, and for any other casino 25 employee to solicit, any tip or gratuity from any player or patron at the 26 casino hotel or simulcasting facility where he is employed. 27 (2) A dealer may accept tips or gratuities from a patron at the table 28 at which such dealer is conducting play, subject to the provisions of 29 this subsection. All such tips or gratuities shall be immediately 30 deposited in a lockbox reserved for that purpose, accounted for, and 31 placed in a pool for distribution pro rata among the dealers, with the 32 distribution based upon the number of hours each dealer has worked, 33 except that the commission may permit [a separate pool to be 34 established for] 1a separate pool to be established for dealers in the 35 game of poker, or may permit1 tips or gratuities to be retained by 36 individual dealers in the game of poker. 37 (cf: P.L.1997, c.83, s.1) 38 39 2. This act shall take effect 1[immediately] 90 days after 40 enactment, but the commission may take such anticipatory 41 administrative action in advance of the effective date as shall be 42 necessary for the implementation of the act1. ASSEMBLY, No. 1859 STATE OF NEW JERSEY 208th LEGISLATURE INTRODUCED MARCH 23, 1998 Sponsored by: Assemblyman KENNETH C. LEFEVRE District 2 (Atlantic) Assemblyman FRANCIS J. BLEE District 2 (Atlantic) Co-Sponsored by: Assemblyman Azzolina and Senator Gormley SYNOPSIS Allows tips or gratuities to be retained by individual poker dealers. CURRENT VERSION OF TEXT As introduced. (Sponsorship Updated As Of: 6/23/1998) A1859 LEFEVRE, BLEE 2 1 .AN ACT concerning tips or gratuities received by poker dealers at 2 casinos and amending P.L.1977, c.110. 3 4 BE IT ENACTED by the Senate and General Assembly of the State 5 of New Jersey: 6 7 1. Section 100 of P.L.1977, c.110 (C.5:12-100) is amended to read 8 as follows: 9 100. Games and Gaming Equipment. 10 a. This act shall not be construed to permit any gaming except the 11 conduct of authorized games in a casino room in accordance with this 12 act and the regulations promulgated hereunder and in a simulcasting 13 facility to the extent provided by the "Casino Simulcasting Act," 14 P.L.1992, c.19 (C.5:12-191 et al.). Notwithstanding the foregoing, if 15 the commission approves the game of keno as an authorized game 16 pursuant to section 5 of P.L.1977, c.110 (C.5:12-5), as amended, keno 17 tickets may be sold or redeemed in accordance with commission 18 regulations at any location in a casino hotel approved by the 19 commission for such activity. 20 b. Gaming equipment shall not be possessed, maintained or 21 exhibited by any person on the premises of a casino hotel except in a 22 casino room, in the simulcasting facility, or in restricted casino areas 23 used for the inspection, repair or storage of such equipment and 24 specifically designated for that purpose by the casino licensee with the 25 approval of the commission. Gaming equipment which supports the 26 conduct of gaming in a casino or simulcasting facility but does not 27 permit or require patron access, such as computers, may be possessed 28 and maintained by a casino licensee in restricted casino areas 29 specifically designated for that purpose by the casino licensee with the 30 approval of the commission. No gaming equipment shall be possessed, 31 maintained, exhibited, brought into or removed from a casino room or 32 simulcasting facility by any person unless such equipment is necessary 33 to the conduct of an authorized game, has permanently affixed, 34 imprinted, impressed or engraved thereon an identification number or 35 symbol authorized by the commission, is under the exclusive control 36 of a casino licensee or his employees, and is brought into or removed 37 from the casino room or simulcasting facility following 24-hour prior 38 notice given to an authorized agent of the commission. 39 Notwithstanding the foregoing, a person may, with the prior 40 approval of the commission and under such terms and conditions as 41 may be required by the commission, possess, maintain or exhibit 42 gaming equipment in any other area of the casino hotel; provided such 43 equipment is used for nongaming purposes. EXPLANATION - Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted in the law. Matter underlined thus is new matter. A1859 LEFEVRE, BLEE 3 1 c. Each casino hotel shall contain a count room and such other 2 secure facilities as may be required by the commission for the counting 3 and storage of cash, coins, tokens and checks received in the conduct 4 of gaming and for the inspection, counting and storage of dice, cards, 5 chips and other representatives of value. All drop boxes and other 6 devices wherein cash, coins, or tokens are deposited at the gaming 7 tables or in slot machines, and all areas wherein such boxes and 8 devices are kept while in use, shall be equipped with two locking 9 devices, one key to which shall be under the exclusive control of the 10 commission and the other under the exclusive control of the casino 11 licensee, and said drop boxes and other devices shall not be brought 12 into or removed from a casino room or simulcasting facility, or locked 13 or unlocked, except at such times, in such places, and according to 14 such procedures as the commission may require. 15 d. All chips used in gaming shall be of such size and uniform color 16 by denomination as the commission shall require by regulation. 17 e. All gaming shall be conducted according to rules promulgated 18 by the commission. All wagers and pay-offs of winning wagers shall 19 be made according to rules promulgated by the commission, which 20 shall establish such limitations as may be necessary to assure the 21 vitality of casino operations and fair odds to patrons. Each slot 22 machine shall have a minimum payout of 83%. 23 f. Each casino licensee shall make available in printed form to any 24 patron upon request the complete text of the rules of the commission 25 regarding games and the conduct of gaming, pay-offs of winning 26 wagers, an approximation of the odds of winning for each wager, and 27 such other advice to the player as the commission shall require. Each 28 casino licensee shall prominently post within a casino room and 29 simulcasting facility, as appropriate, according to regulations of the 30 commission such information about gaming rules, pay-offs of winning 31 wagers, the odds of winning for each wager, and such other advice to 32 the player as the commission shall require. 33 g. Each gaming table shall be equipped with a sign indicating the 34 permissible minimum and maximum wagers pertaining thereto. It shall 35 be unlawful for a casino licensee to require any wager to be greater 36 than the stated minimum or less than the stated maximum; provided, 37 however, that any wager actually made by a patron and not rejected by 38 a casino licensee prior to the commencement of play shall be treated 39 as a valid wager. 40 h. (1) No slot machine shall be used to conduct gaming unless it 41 is identical in all electrical, mechanical and other aspects to a model 42 thereof which has been specifically tested by the division and licensed 43 for use by the commission. The division may, in its discretion, and for 44 the purpose of expediting the approval process, refer testing to any 45 testing laboratory with a plenary license as a casino service industry 46 pursuant to subsection a. of section 92 of P.L.1977, c.110 A1859 LEFEVRE, BLEE 4 1 (C.5:12-92). The division shall give priority to the testing of slot 2 machines which a casino licensee has certified it will use in its casino 3 in this State. The commission shall, by regulation, establish such 4 technical standards for licensure of slot machines, including mechanical 5 and electrical reliability, security against tampering, the 6 comprehensibility of wagering, and noise and light levels, as it may 7 deem necessary to protect the player from fraud or deception and to 8 insure the integrity of gaming. The denominations of such machines 9 shall be set by the licensee; the licensee shall simultaneously notify the 10 commission of the settings. 11 (2) The commission shall, by regulation, determine the permissible 12 number and density of slot machines in a licensed casino so as to: 13 (a) promote optimum security for casino operations; 14 (b) avoid deception or frequent distraction to players at gaming 15 tables; 16 (c) promote the comfort of patrons; 17 (d) create and maintain a gracious playing environment in the 18 casino; and 19 (e) encourage and preserve competition in casino operations by 20 assuring that a variety of gaming opportunities is offered to the public. 21 Any such regulation promulgated by the commission which 22 determines the permissible number and density of slot machines in a 23 licensed casino shall provide that all casino floor space and all space 24 within a casino licensee's casino simulcasting facility shall be included 25 in any calculation of the permissible number and density of slot 26 machines in a licensed casino. 27 i. (Deleted by amendment, P.L.1991, c.182). 28 j. (Deleted by amendment, P.L.1991, c.182). 29 k. It shall be unlawful for any person to exchange or redeem chips 30 for anything whatsoever, except for currency, negotiable personal 31 checks, negotiable counter checks, other chips, coupons or 32 complimentary vouchers distributed by the casino licensee, or, if 33 authorized by regulation of the commission, a valid charge to a credit 34 or debit card account. A casino licensee shall, upon the request of any 35 person, redeem that licensee's gaming chips surrendered by that person 36 in any amount over $100 with a check drawn upon the licensee's 37 account at any banking institution in this State and made payable to 38 that person. 39 l. It shall be unlawful for any casino licensee or its agents or 40 employees to employ, contract with, or use any shill or barker to 41 induce any person to enter a casino or simulcasting facility or play at 42 any game or for any purpose whatsoever. 43 m. It shall be unlawful for a dealer in any authorized game in which 44 cards are dealt to deal cards by hand or other than from a device 45 specifically designed for that purpose, unless otherwise permitted by 46 the rules of the commission. A1859 LEFEVRE, BLEE 5 1 n. It shall be unlawful for any casino key employee or any person 2 who is required to hold a casino key employee license as a condition 3 of employment or qualification to wager in any casino or simulcasting 4 facility in this State, or any casino employee, other than a junket 5 representative, bartender, waiter, waitress, or other casino employee 6 who, in the judgment of the commission, is not directly involved with 7 the conduct of gaming operations, to wager in a casino or simulcasting 8 facility in the casino hotel in which the employee is employed or in any 9 other casino or simulcasting facility in this State which is owned or 10 operated by the same casino licensee. Any casino employee, other 11 than a junket representative, bartender, waiter, waitress, or other 12 casino employee who, in the judgment of the commission, is not 13 directly involved with the conduct of gaming operations, must wait at 14 least 30 days following the date that the employee either leaves 15 employment with a casino licensee or is terminated from employment 16 with a casino licensee before the employee may gamble in a casino or 17 simulcasting facility in the casino hotel in which the employee was 18 formerly employed or in any other casino or simulcasting facility in this 19 State which is owned or operated by the same casino licensee. 20 o. (1) It shall be unlawful for any casino key employee or boxman, 21 floorman, or any other casino employee who shall serve in a 22 supervisory position to solicit or accept, and for any other casino 23 employee to solicit, any tip or gratuity from any player or patron at the 24 casino hotel or simulcasting facility where he is employed. 25 (2) A dealer may accept tips or gratuities from a patron at the table 26 at which such dealer is conducting play, subject to the provisions of 27 this subsection. All such tips or gratuities shall be immediately 28 deposited in a lockbox reserved for that purpose, accounted for, and 29 placed in a pool for distribution pro rata among the dealers, with the 30 distribution based upon the number of hours each dealer has worked, 31 except that the commission may permit [a separate pool to be 32 established for] tips or gratuities to be retained by individual dealers 33 in the game of poker. 34 (cf: P.L.1997, c.83, s.1) 35 36 2. This act shall take effect immediately. 37 38 39 STATEMENT 40 41 At present, the law allows a casino dealer to accept tips or 42 gratuities from patrons at the table at which the dealer is conducting 43 play. Amounts received by dealers are pooled and distributed among 44 the dealers on a pro rata basis determined by the number of hours each 45 dealer has worked. The law authorizes the Casino Control 46 Commission to permit a separate pool to be established for dealers in A1859 LEFEVRE, BLEE 6 1 the game of poker. This bill would eliminate the separate pool for 2 poker dealers and, instead, authorize the commission to allow tips or 3 gratuities to be retained by individual poker dealer. ASSEMBLY COMMERCE, TOURISM, GAMING AND MILITARY AND VETERANS' AFFAIRS COMMITTEE STATEMENT TO ASSEMBLY, No. 1859 STATE OF NEW JERSEY DATED: JUNE 1, 1998 The Assembly Commerce, Tourism, Gaming and Military and Veterans' Affairs Committee reports favorably Assembly Bill No. 1859. Current law allows casino dealers to accept tips or gratuities from patrons at the table at which the dealer is conducting play. Amounts received by dealers are pooled and distributed among the dealers on a pro rata basis determined by the number of hours each dealer has worked. Recently enacted law (P.L.1997, c.83) permits a separate pool to be established for dealers in the game of poker which is distributed among the poker dealers on a pro rata basis determined by the number of hours each poker dealer has worked. This bill eliminates the separate pool for dealers in the game of poker and allows an individual poker dealer to retain any tips or gratuities earned by that poker dealer. This bill is identical to Senate Bill No. 312. SENATE, No. 312 STATE OF NEW JERSEY 208th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 1998 SESSION Sponsored by: Senator WILLIAM L.GORMLEY District 2 (Atlantic) SYNOPSIS Allows tips or gratuities to be retained by individual poker dealers. CURRENT VERSION OF TEXT As Introduced. S312 GORMLEY 2 1 AN ACT concerning tips or gratuities received by poker dealers at 2 casinos and amending P.L.1977, c.110. 3 4 BE IT ENACTED by the Senate and General Assembly of the State 5 of New Jersey: 6 7 1. Section 100 of P.L.1977, c.110 (C.5:12-100) is amended to read 8 as follows: 9 100. Games and Gaming Equipment. 10 a. This act shall not be construed to permit any gaming except the 11 conduct of authorized games in a casino room in accordance with this 12 act and the regulations promulgated hereunder and in a simulcasting 13 facility to the extent provided by the "Casino Simulcasting Act," 14 P.L.1992, c.19 (C.5:12-191 et al.). Notwithstanding the foregoing, if 15 the commission approves the game of keno as an authorized game 16 pursuant to section 5 of P.L.1977, c.110 (C.5:12-5), as amended, keno 17 tickets may be sold or redeemed in accordance with commission 18 regulations at any location in a casino hotel approved by the 19 commission for such activity. 20 b. Gaming equipment shall not be possessed, maintained or 21 exhibited by any person on the premises of a casino hotel except in a 22 casino room, in the simulcasting facility, or in restricted casino areas 23 used for the inspection, repair or storage of such equipment and 24 specifically designated for that purpose by the casino licensee with the 25 approval of the commission. Gaming equipment which supports the 26 conduct of gaming in a casino or simulcasting facility but does not 27 permit or require patron access, such as computers, may be possessed 28 and maintained by a casino licensee in restricted casino areas 29 specifically designated for that purpose by the casino licensee with the 30 approval of the commission. No gaming equipment shall be possessed, 31 maintained, exhibited, brought into or removed from a casino room or 32 simulcasting facility by any person unless such equipment is necessary 33 to the conduct of an authorized game, has permanently affixed, 34 imprinted, impressed or engraved thereon an identification number or 35 symbol authorized by the commission, is under the exclusive control 36 of a casino licensee or his employees, and is brought into or removed 37 from the casino room or simulcasting facility following 24-hour prior 38 notice given to an authorized agent of the commission. 39 Notwithstanding the foregoing, a person may, with the prior 40 approval of the commission and under such terms and conditions as 41 may be required by the commission, possess, maintain or exhibit 42 gaming equipment in any other area of the casino hotel; provided such 43 equipment is used for nongaming purposes. EXPLANATION - Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted in the law. Matter underlined thus is new matter. S312 GORMLEY 3 1 c. Each casino hotel shall contain a count room and such other 2 secure facilities as may be required by the commission for the counting 3 and storage of cash, coins, tokens and checks received in the conduct 4 of gaming and for the inspection, counting and storage of dice, cards, 5 chips and other representatives of value. All drop boxes and other 6 devices wherein cash, coins, or tokens are deposited at the gaming 7 tables or in slot machines, and all areas wherein such boxes and 8 devices are kept while in use, shall be equipped with two locking 9 devices, one key to which shall be under the exclusive control of the 10 commission and the other under the exclusive control of the casino 11 licensee, and said drop boxes and other devices shall not be brought 12 into or removed from a casino room or simulcasting facility, or locked 13 or unlocked, except at such times, in such places, and according to 14 such procedures as the commission may require. 15 d. All chips used in gaming shall be of such size and uniform color 16 by denomination as the commission shall require by regulation. 17 e. All gaming shall be conducted according to rules promulgated 18 by the commission. All wagers and pay-offs of winning wagers shall 19 be made according to rules promulgated by the commission, which 20 shall establish such limitations as may be necessary to assure the 21 vitality of casino operations and fair odds to patrons. Each slot 22 machine shall have a minimum payout of 83%. 23 f. Each casino licensee shall make available in printed form to any 24 patron upon request the complete text of the rules of the commission 25 regarding games and the conduct of gaming, pay-offs of winning 26 wagers, an approximation of the odds of winning for each wager, and 27 such other advice to the player as the commission shall require. Each 28 casino licensee shall prominently post within a casino room and 29 simulcasting facility, as appropriate, according to regulations of the 30 commission such information about gaming rules, pay-offs of winning 31 wagers, the odds of winning for each wager, and such other advice to 32 the player as the commission shall require. 33 g. Each gaming table shall be equipped with a sign indicating the 34 permissible minimum and maximum wagers pertaining thereto. It shall 35 be unlawful for a casino licensee to require any wager to be greater 36 than the stated minimum or less than the stated maximum; provided, 37 however, that any wager actually made by a patron and not rejected by 38 a casino licensee prior to the commencement of play shall be treated 39 as a valid wager. 40 h. (1) No slot machine shall be used to conduct gaming unless it 41 is identical in all electrical, mechanical and other aspects to a model 42 thereof which has been specifically tested by the division and licensed 43 for use by the commission. The division may, in its discretion, and for 44 the purpose of expediting the approval process, refer testing to any 45 testing laboratory with a plenary license as a casino service industry 46 pursuant to subsection a. of section 92 of P.L.1977, c.110 S312 GORMLEY 4 1 (C.5:12-92). The division shall give priority to the testing of slot 2 machines which a casino licensee has certified it will use in its casino 3 in this State. The commission shall, by regulation, establish such 4 technical standards for licensure of slot machines, including mechanical 5 and electrical reliability, security against tampering, the 6 comprehensibility of wagering, and noise and light levels, as it may 7 deem necessary to protect the player from fraud or deception and to 8 insure the integrity of gaming. The denominations of such machines 9 shall be set by the licensee; the licensee shall simultaneously notify the 10 commission of the settings. 11 (2) The commission shall, by regulation, determine the permissible 12 number and density of slot machines in a licensed casino so as to: 13 (a) promote optimum security for casino operations; 14 (b) avoid deception or frequent distraction to players at gaming 15 tables; 16 (c) promote the comfort of patrons; 17 (d) create and maintain a gracious playing environment in the 18 casino; and 19 (e) encourage and preserve competition in casino operations by 20 assuring that a variety of gaming opportunities is offered to the public. 21 Any such regulation promulgated by the commission which 22 determines the permissible number and density of slot machines in a 23 licensed casino shall provide that all casino floor space and all space 24 within a casino licensee's casino simulcasting facility shall be included 25 in any calculation of the permissible number and density of slot 26 machines in a licensed casino. 27 i. (Deleted by amendment, P.L.1991, c.182). 28 j. (Deleted by amendment, P.L.1991, c.182). 29 k. It shall be unlawful for any person to exchange or redeem chips 30 for anything whatsoever, except for currency, negotiable personal 31 checks, negotiable counter checks, other chips, coupons or 32 complimentary vouchers distributed by the casino licensee, or, if 33 authorized by regulation of the commission, a valid charge to a credit 34 or debit card account. A casino licensee shall, upon the request of any 35 person, redeem that licensee's gaming chips surrendered by that person 36 in any amount over $100 with a check drawn upon the licensee's 37 account at any banking institution in this State and made payable to 38 that person. 39 l. It shall be unlawful for any casino licensee or its agents or 40 employees to employ, contract with, or use any shill or barker to 41 induce any person to enter a casino or simulcasting facility or play at 42 any game or for any purpose whatsoever. 43 m. It shall be unlawful for a dealer in any authorized game in which 44 cards are dealt to deal cards by hand or other than from a device 45 specifically designed for that purpose, unless otherwise permitted by 46 the rules of the commission. S312 GORMLEY 5 1 n. It shall be unlawful for any casino key employee or any person 2 who is required to hold a casino key employee license as a condition 3 of employment or qualification to wager in any casino or simulcasting 4 facility in this State, or any casino employee, other than a junket 5 representative, bartender, waiter, waitress, or other casino employee 6 who, in the judgment of the commission, is not directly involved with 7 the conduct of gaming operations, to wager in a casino or simulcasting 8 facility in the casino hotel in which the employee is employed or in any 9 other casino or simulcasting facility in this State which is owned or 10 operated by the same casino licensee. Any casino employee, other 11 than a junket representative, bartender, waiter, waitress, or other 12 casino employee who, in the judgment of the commission, is not 13 directly involved with the conduct of gaming operations, must wait at 14 least 30 days following the date that the employee either leaves 15 employment with a casino licensee or is terminated from employment 16 with a casino licensee before the employee may gamble in a casino or 17 simulcasting facility in the casino hotel in which the employee was 18 formerly employed or in any other casino or simulcasting facility in this 19 State which is owned or operated by the same casino licensee. 20 o. (1) It shall be unlawful for any casino key employee or boxman, 21 floorman, or any other casino employee who shall serve in a 22 supervisory position to solicit or accept, and for any other casino 23 employee to solicit, any tip or gratuity from any player or patron at the 24 casino hotel or simulcasting facility where he is employed. 25 (2) A dealer may accept tips or gratuities from a patron at the table 26 at which such dealer is conducting play, subject to the provisions of 27 this subsection. All such tips or gratuities shall be immediately 28 deposited in a lockbox reserved for that purpose, accounted for, and 29 placed in a pool for distribution pro rata among the dealers, with the 30 distribution based upon the number of hours each dealer has worked, 31 except that the commission may permit [a separate pool to be 32 established for] tips or gratuities to be retained by individual dealers 33 in the game of poker. 34 (cf: P.L.1997, c.83, s.1) 35 36 2. This act shall take effect immediately. 37 38 39 STATEMENT 40 41 At present, the law allows a casino dealer to accept tips or 42 gratuities from patrons at the table at which the dealer is conducting 43 play. Amounts received by dealers are pooled and distributed among 44 the dealers on a pro rata basis determined by the number of hours each 45 dealer has worked. The law authorizes the Casino Control 46 Commission to permit a separate pool to be established for dealers in S312 GORMLEY 6 1 the game of poker. This bill would eliminate the separate pool for 2 poker dealers and, instead, authorize the commission to allow tips or 3 gratuities to be retained by individual poker dealers. SENATE JUDICIARY COMMITTEE STATEMENT TO SENATE, No. 312 STATE OF NEW JERSEY DATED: MARCH 2, 1998 The Senate Judiciary Committee reports favorably Senate Bill No. 312. Present law allows a casino dealer to accept tips or gratuities from patrons at the table at which the dealer is conducting play. Amounts received by dealers are pooled and distributed among the dealers on a pro rata basis determined by the number of hours each dealer has worked. Present law also authorizes the Casino Control Commission to permit a separate pool to be established for poker dealers. This bill would eliminate the separate pool for poker dealers and instead, authorize the commission to allow tips or gratuities to be retained by individual poker dealers. STATE OF NEW JERSEY EXECUTIVE DEPARTMENT 1 ASSEMBLY BILL NO. 1860 To the General Assembly: Pursuant to Article V. Section 1. Paragraph 14 of the New Jersey Constitution. I am returning Assembly Bill No. 1859 with my recommendations for reconsideration. A. SUMMARY OF THE BILL This bill would allow individual poker dealers at casinos to retain tips or gratuities received from patrons. Current law requires individual poker dealers to deposit their tips into a pool which is then shared with the other poker dealers at the casino. This bill does not affect other dealers at casinos, such as blackjack dealers. craps dealers and baccarat dealers, who are required to pool their tips and gratuities with one another. The bill grants the Casino Control Commission ("the Commission") the authority to determine if the individual tip or gratuity retention policy should be adopted for poker dealers. B. RECOMMENDED ACTION While I believe It Is appropriate to authorize the Commission to consider a new method of tip collection and disbursement for poker dealers, I have been advised that the bill will create implementation problems because of is immediate effective date. I therefore recommend that the effective date of the bill be delayed 90 days after enactment In order to provide the Commission sufficient time to promulgate regulations in the event It approves the newly proposed tip and gratuity structure. In addition, the bill deletes the existing section of law that allows the Commission to authorize a separate tip pool for poker dealers, as is the current practice. In order to provide the Commission maximum flexibility in structuring rules governing dealer remuneration. I recommend that this language be reinserted. Printed on recycled paper STATE OF NEW JERSEY EXECUTIVE DEPARTMENT 2 Therefore, I herewith return Assembly Bill No. 1860 and recommend that it be amended as follows: Page 5, Section 1, Lines 31-32: After "permit" insert "a separate pool to be established for dealers in the game of poker, or may permit" Page 5, Section 2, Line 36: After "take effect," delete "immediately." And insert "90 days after enactment, but the commission may take such anticipatory administrative action in advance of the effective date as shall be necessary for the implementation of the act." Respectfully, /s/ Christine Todd Whitman GOVERNOR [seal] Attest: /s/ John J. Farmer, Jr. Chief Counsel to the Governor Printed on recycled paper Office of the Governor PO BOX 004TRENTON, NJ 08625 NEWS RELEASE CONTACT: Jayne O'Connor Gene Herman 609-777-2600 RELEASE: December 14, 1998 Gov. Christie Whitman today signed the following pieces of legislation: S-280, sponsored by Senator John A. Girgenti (D- Passaic), amends child labor laws to permit minors, who are 14 or 15, to be employed as little league umpires for leagues chartered by Little League Baseball, Incorporated, until 9:00 p. m. with written permission from a parent or legal guardian. Under current law, minors under 16, with a few exceptions during the summer months, are not permitted to work before 7:00 a. m. or after 7:00 p. m. S-213 establishes a basic level of electrical standards for certain swimming pools, hot tubs or spas located on any property other than a one or two-family residential property, including but not limited to, swimming pools open for use of members, residents or the public. The bill, which is designed to improve safety conditions for workers and the public, supplements the State Uniform Construction Code Act. It requires a pool to have a valid bonding and grounding certificate and an electrical certificate of compliance issued by the municipality. The bill was sponsored by Senator Nicholas J. Sacco (R- Bergen/Hudson) and Assembly Members Anthony Impreveduto (D- Bergen/Hudson) and Joan M. Quigley (D-Bergen/Hudson). S-926, sponsored by Senator Gerald Cardinale (R-Bergen) and Diane B. Allen (R- Burlington/Camden) and Assembly Members Nilsa Cruz-Perez (D-Camden/Gloucester) and John V. Kelly (R- Bergen/Passaic), repeals a 1987 state law which required family day care centers to be subject to the same restrictions as other home occupations under local zoning laws. In 1991, the Legislature enacted a law that specified that registered family day care homes are permitted uses in all residential districts and are subject to the same requirements as single family dwellings only, but it did not repeal the 1987 law. A family day care home is defined as a private residence in which child care services are provided to no less than three and no more than five children at any one time for a minimum of 15 hours per week. A-1859, sponsored by Assembly Members Kenneth C. LeFevre (R-Atlantic) and Francis J. Blee (R- Atlantic) and Senator William L. Gormley (R-Atlantic), allows the Casino Control Commission to authorize each poker dealer to retain tips or gratuities from patrons at the table at which the dealer is conducting play. Under previous law, poker dealers' tips could only be pooled with tips received by other poker dealers. Now, either option is permissible.