Current through Register Vol. 56, No. 18, September 16, 2024
(a)
Interested persons such as casino licensees, casino service industries, and
owners, licensees, lessees or franchisees of the rights to a proposed new game,
may petition the Division for approval of the game.
(b) A petition for approval of a proposed new
game must include as a petitioner at least one casino licensee who has agreed
in writing to participate in a test or experiment of the game in its casino.
All petitioners shall be jointly and severally liable for payment of all
regulatory review costs and other related expenses incurred by the Division of
Gaming Enforcement in the review, testing and approval of the game.
(c) A proposed new game may be a variation of
an authorized game, a composite of authorized games, or any other game
compatible with the public interest and suitable for casino use, pursuant to
5:12-5.
(d) A petition for a proposed new game shall
be in writing, signed by the petitioners, and addressed to the Division of
Gaming Enforcement's Intake Unit. The petition shall include the following
information:
1. The names and addresses of
petitioners;
2. Whether the game is
a variation of an authorized game, a composite of authorized games, or another
game which is compatible with the public interest and is suitable for casino
use;
3. A complete and detailed
description of the game for which approval is sought, including:
i. A summary of the game, including the
objectives of the game, the method of play and the wagers offered;
ii. The draft of proposed rules describing
the equipment used to play the game, and the proposed rules of the game,
drafted in a format similar to that found in this chapter and in accordance
with the N.J.A.C. 1:30, Rules for Agency Rulemaking;
iii. The true odds, the payout odds, and the
house advantage for each wager;
iv.
A sketch or picture of the game layout, if any; and
v. Sketches or pictures of the equipment used
to play the game;
4.
Whether the game, its name, or any of the equipment used to play it is covered
by any copyrights, trademarks or patents, either issued or pending;
5. An agreement, satisfactory in form and
content to the Division, releasing and indemnifying the Division and the State
of New Jersey from all copyright, trademark, patent or other claims of
petitioners and any other persons;
6. A request for a declaratory ruling that
the proposed new game is a variation of an authorized game, a composite of
authorized games or is compatible with the public interest, as required by
5:12-5;
7. A request for a test or experiment of the
game, if approved, under
5:12-5 and 69e; and
8. Any other pertinent information or
material requested of specific petitioners by the Division of Gaming
Enforcement.
(e) In
making a determination whether a proposed new game is an acceptable variation
of an authorized game or a composite of authorized games, or is compatible with
the public interest, the Division may consider rules and method of play; true
and payout odds; wagers offered; layout; equipment used to play the game;
personnel requirements; game security and integrity; similarity to other
authorized games or other games of chance; and other variations or composites
of the game previously approved as authorized games; as well as any other
relevant factors. Any such determination shall be subject to a condition that
the game must undergo a successful test for suitability of casino use under
5:12-5 and 69e, as provided in (f)
and (g) below.
(f) If the proposed
new game is preliminarily approved by the Division in accordance with (e)
above, petitioners shall submit the following in connection with any proposed
test of the game pursuant to
5:12-5 and 69e:
1. For any petitioner that is not a casino
licensee or a casino service industry (CSI) licensee:
i. A completed application for the
appropriate type of CSI license, together with the applicable nonrefundable
license application fee; and
ii. An
application for a transactional waiver, pursuant to the Act and rules of the
Division, if required; and
2. A test submission, which shall include, at
a minimum:
i. The names of the casinos where
the test of the proposed new game will take place;
ii. The dates and times when the test will
take place, and the gaming tables or other gaming equipment that will be
involved;
iii. The proposed signage
to be posted at the entrances to the casinos where the test is to be
conducted;
iv. The criteria
proposed for use in determining the success of the test, and the methods
proposed for documenting it, including any necessary forms; and
v. Any other materials or information
requested of specific petitioners by the Division of Gaming
Enforcement.
(g) A test of the new game pursuant to
5:12-5 and 69e shall take place at
such times and places, and under such conditions as the Division may require.
The rules of the game and the test may be modified at any time during the test
period if the Division deems it necessary to do so. No final approval of a new
game shall be granted until:
1. The Division
has determined that the game is suitable for casino use pursuant to
5:12-5 and 69e;
2. Any necessary regulatory amendments have
been adopted pursuant to the Administrative Procedure Act,
52:14B-1 et seq., and have become
effective;
3. All necessary CSI
license applications have been filed, and all necessary transactional waivers
have been issued; and
4. All
regulatory review costs and other related expenses incurred by the Division of
Gaming Enforcement in the review, testing and approval of the game, have been
paid in full.
(h)
Nothing in this section shall:
1. Restrict or
limit the Division in any way from proposing new games or game variations on
its own initiative, at any time; or
2. Require the promulgation by the Division
of rules for any new game or wager in order for the Division to approve an
electronic table game provided that the electronic table game display fully
discloses such rules to the patron.
