Duane Morris’ Christopher Soriano will be presenting at a gambling law symposium hosted by the Seton Hall Law School’s Continuing Legal Education at Seton Hall University on March 1, 2018 at 3:30 p.m.
The symposium will discuss New Jersey’s gambling laws while focusing on the following topics:
- The New Jersey Constitution, Statutes, Rules, and Regulations Governing Gambling
- The Definition of Gambling Under New Jersey Law: The Chance Versus Skill Debate Involving Fantasy Platforms and Poker
- The Impact Of Technological Advances Upon Laws Governing The Placement of Wagers On Horse races
- Overview Of Supreme Court’s Sports Betting Case and
- On-Line Casino and Other Forms of Gambling Under Federal and New Jersey Law
For more information and to register, please visit the event website.
Under a compromise reached by the New Jersey Senate and Assembly leadership the proposed state Constitutional amendment will be put to a vote in both bodies which would allow two additional casinos in the northern part of the state. Under the compromise current Atlantic City casino license holders would have and inside track and have six months to submit proposals to build the new casinos, and their plans must call for investing at least $1 billion in each facility.
If that criteria isn’t met, those without Atlantic City licenses can bid to build the new North Jersey casinos. They would also be required to invest at least $1 billion for each facility
It appears the proposed amendments will not be voted on in this current legislative session which ends on Tuesday, January 12, 2016 and 12:00 noon, but rather in the new session which begins thereafter. As such both the Assembly and Senate will be required to pass the amended proposal with 3/5th majorities for the proposed amendment to be on the November, 2016 ballot.
Just days following a proposed amendment to the New Jersey State Constitution proposed in the State Senate and as detailed here , the New Jersey Assembly offered its own proposed Amendment to the Constitution which would also authorize up to two additional casinos in North Jersey.
Both Amendments propose no more the two casinos, each located in different counties and outside a 75 mile radius of Atlantic City. The 75 mile radius restriction eliminates Monmouth Park Racetrack as a possible site for casino expansion.
The primary differences are as follows;
- Applicant eligibility: The Assembly version of the proposed amendment allows one of the two licenses to be awarded to an applicant with no current ownership or ties to an existing Atlantic City casino. The Senate version of the amendment limits eligibility to (1) a currently licensed Atlantic City casino operating as of December 11, 2015; or (2) any person licensed as a principal owner (yet undefined) of a holder of a New Jersey casino license that was operating a casino which was conducting gambling on December 11, 2015 if that principal owner also holds a valid license to own and operate a casino in another jurisdiction with licensing standards similar to those in New Jersey. The Assembly version only applies the Senate version’s proposed eligibility requirements to the “initial license.” The current Atlantic City casino tie-in eligibility requirement presumably does not apply to the second license awarded.
- Tax Allocation to Atlantic City. The Assembly version of the proposed Constitutional Amendment allocates 35% of state tax revenuers from the two new casinos for purposes if the recovery, stabilization or improvement of Atlantic City. The Senate version allocate 49% of such tax revenue for the recovery, stabilization or improvement of Atlantic City.
The Senate and Assembly must agree on an identical version of the proposed Amendment which would have to be approved with 3/5 votes by both houses of the NJ Legislature or majority votes, twice over two years. The votes have to be completed at least 90 days before going on the ballot of a state-wide referendum to amend the NJ State Constitution.
A Proposed Amendment to the New Jersey State Constitution will authorize two additional casinos in the State. The details of the Proposed Amendment are as follows:
- No more than 2 casinos, each one to be located in different counties in State
- New casinos must be located outside a 75 mile radius from Atlantic City.
- Eligibility for the license is limited to:
- (1) a currently licensed Atlantic City casino operating as of December 11, 2015; or
- or (2 ) any person licensed as a principal owner (yet undefined) of a holder of a New Jersey casino license that was operating a casino which was conducting gambling on December 11, 2015 if that principal owner also holds a valid license to own and operate a casino in another jurisdiction with licensing standards similar to those in New Jersey
- Tax rate to be determined in subsequent legislation. 49% of such tax revenue for 15 years is dedicated for recovery , stabilization or improvement of Atlantic City. 2% of tax revenue dedicated to thoroughbred and standardbred horsemen.
- The Resolution has to be approved with 3/5 votes by both houses of the NJ Legislature or majority votes twice over two years. The votes have to be completed at least 90 days before going on the ballot of a state-wide referendum to amend the NJ State Constitution.
A copy of the proposed amendment can be read here: SCR 185.
Internet gambling is currently legal and operating in three, U.S. States – Nevada, New Jersey and Delaware. Additional states, perhaps realizing that the likelihood of federal legislation on the topic anytime soon is remote, considered their own internet gambling legislation this past year. Proposals for new, or expanded internet gambling have, or will likely be considered by California, Colorado, Hawaii, Iowa, Louisiana, Massachusetts, Mississippi, New Jersey and Pennsylvania.
Continue reading Ten States Consider Internet Gambling Legislation
On June 18, 2012, the New Jersey State Assembly’s Appropriations Committee moved forward a bill that would authorize internet gaming at Atlantic City casinos. The bill, which has been making its way through various committees in the State legislature, provides that all authorized casino games, including poker, may be offered through internet gaming, to players within New Jersey. So as to comport with the recent U.S. Department of Justice opinion and the federal Unlawful Internet Gambling Enforcement Act, the N.J. bill provides that to participate in internet gaming, a player must be physically present in New Jersey whenever a wager is placed, The bill does, however, provide that should the N.J. Division of Gaming Enforcement determine that wagers may be accepted from players outside of New Jersey, the legislation will allow such wagers. This provision gives the legislation the flexibility to expand the potential player base should there be a change in current federal law which currently would limit prospective internet wagering to intra-state based wagering.
Continue reading New Jersey Assembly Advances Internet Gaming Bill
The New Jersey Legislature took another step towards legalizing online gaming in New Jersey. On May 10, 2012, the New Jersey Assembly Regulatory Oversight and Gaming Committee introduced amendments to the prospective internet gaming legislation which was recently passed by a State Senate committee. The amendments provide additional clarity with respect to the licensing of prospective internet gaming service providers. The proposal also increases the tax rate on internet gaming revenue and provides additional safeguards to keep out dubious internet gaming companies that have facilitated what the U.S. government considers to be illegal wagering from U.S. residents.
Continue reading New Jersey Pushes Forward to Legalize Internet Gaming
The recent New Jersey internet wagering legislation, co-sponsored by N.J. State Senators Lezniak and Whelan, appears to have momentum. The buzz throughout the state capital is that some version of the legislation will be passed soon, perhaps as early as June. As with a similar internet wagering bill that passed the New Jersey Legislature last year prior to being vetoed by the Governor, only Atlantic City casinos will be permitted to offer gamblers the ability to wager of the internet.
Continue reading How Will New Jersey Regulate Internet Wagering?