N.J. Admin. Code § 13:69F-8.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:69F-8.4 - New games; requirements and procedures for application, declaratory ruling, test, or experiment, and final approval of new authorized game

(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.

N.J. Admin. Code § 13:69F-8.4

Amended by 47 N.J.R. 1954(a), effective 8/3/2015