New Jersey § 5:12-101
Full text of New Jersey New Jersey Statutes § 5:12-101, with citation guidance and answers to common questions.
§ 5:12-101.
a. Except as otherwise provided in this section, no casino licensee or any person
licensed under this act, and no person acting on behalf of or under any arrangement
with a casino licensee or other person licensed under this act, shall: (1) Cash any check, make any loan, or otherwise provide or allow to any person any
credit or advance of anything of value or which represents value to enable any person
to take part in gaming or simulcast wagering activity as a player; or (2) Release or discharge any debt, either in whole or in part, or make any loan which
represents any losses incurred by any player in gaming or simulcast wagering activity,
without maintaining a written record thereof in accordance with the rules of the division. b. No casino licensee or any person licensed under this act, and no person acting
on behalf of or under any arrangement with a casino licensee or other person licensed
under this act, may accept a check, other than a recognized traveler's check or other
cash equivalent from any person to enable such person to take part in gaming or simulcast
wagering activity as a player, or may give cash or cash equivalents in exchange for
such check unless: (1) The check is made payable to the casino licensee; (2) The check is dated, but not postdated; (3) The check is presented to the cashier or the cashier's representative at a location
in the casino approved by the division and is exchanged for cash or slot tokens which
total an amount equal to the amount for which the check is drawn, or the check is
presented to the cashier's representative at a gaming table in exchange for chips
which total an amount equal to the amount for which the check is drawn; and (4) The regulations concerning check cashing procedures are observed by the casino
licensee and its employees and agents. Nothing in this subsection shall be deemed to preclude the establishment of an account
by any person with a casino licensee by a deposit of cash, recognized traveler's check
or other cash equivalent, or a check which meets the requirements of subsection g.
of this section, or to preclude the withdrawal, either in whole or in part, of any
amount contained in such account. c. When a casino licensee or other person licensed under this act, or any person acting
on behalf of or under any arrangement with a casino licensee or other person licensed
under this act, cashes a check in conformity with the requirements of subsection b.
of this section, the casino licensee shall cause the deposit of such check in a bank
for collection or payment, or shall require an attorney or casino key employee with
no incompatible functions to present such check to the drawer's bank for payment,
within (1) seven calendar days of the date of the transaction for a check in an amount
of $1,000.00 or less; (2) 14 calendar days of the date of the transaction for a check
in an amount greater than $1,000.00 but less than or equal to $5,000.00; or (3) 45
calendar days of the date of the transaction for a check in an amount greater than
$5,000.00. Notwithstanding the foregoing, the drawer of the check may redeem the check by exchanging
cash, cash equivalents, chips, or a check which meets the requirements of subsection
g. of this section in an amount equal to the amount for which the check is drawn;
or he may redeem the check in part by exchanging cash, cash equivalents, chips, or
a check which meets the requirements of subsection g. of this section and another
check which meets the requirements of subsection b. of this section for the difference
between the original check and the cash, cash equivalents, chips, or check tendered;
or he may issue one check which meets the requirements of subsection b. of this section
in an amount sufficient to redeem two or more checks drawn to the order of the casino
licensee. If there has been a partial redemption or a consolidation in conformity with the
provisions of this subsection, the newly issued check shall be delivered to a bank
for collection or payment or presented to the drawer's bank for payment by an attorney
or casino key employee with no incompatible functions within the period herein specified. No casino licensee or any person licensed or registered under this act, and no person
acting on behalf of or under any arrangement with a casino licensee or other person
licensed under this act, shall accept any check or series of checks in redemption
or consolidation of another check or checks in accordance with this subsection for
the purpose of avoiding or delaying the deposit of a check in a bank for collection
or payment or the presentment of the check to the drawer's bank within the time period
prescribed by this subsection. In computing a time period prescribed by this subsection, the last day of the period
shall be included unless it is a Saturday, Sunday, or a State or federal holiday,
in which event the time period shall run until the next business day. d. No casino licensee or any other person licensed or registered under this act, or
any other person acting on behalf of or under any arrangement with a casino licensee
or other person licensed or registered under this act, shall transfer, convey, or
give, with or without consideration, a check cashed in conformity with the requirements
of this section to any person other than: (1) The drawer of the check upon redemption or consolidation in accordance with subsection
c. of this section; (2) A bank for collection or payment of the check; (3) A purchaser of the casino license as approved by the commission; or (4) An attorney or casino key employee with no incompatible functions for presentment
to the drawer's bank. The limitation on transferability of checks imposed herein shall apply to checks returned
by any bank to the casino licensee without full and final payment. e. No person other than a casino key employee licensed under this act or a casino
employee registered under this act may engage in efforts to collect upon checks that
have been returned by banks without full and final payment, except that an attorney-at-law
representing a casino licensee may bring action for such collection. f. Notwithstanding the provisions of any law to the contrary, checks cashed in conformity
with the requirements of this act shall be valid instruments, enforceable at law in
the courts of this State. Any check cashed, transferred, conveyed or given in violation of this act shall
be invalid and unenforceable for the purposes of collection but shall be included
in the calculation of gross revenue pursuant to section 24 of P.L.1977, c. 110 ( C.5:12-24 ). g. Notwithstanding the provisions of subsection b. of this section to the contrary,
a casino licensee may accept a check from a person to enable the person to take part
in gaming or simulcast wagering activity as a player, may give cash or cash equivalents
in exchange for such a check, or may accept a check in redemption or partial redemption
of a check issued in accordance with subsection b., provided that: (1)(a) The check is issued by a casino licensee, is made payable to the person presenting
the check, and is issued for a purpose other than employment compensation or as payment
for goods or services rendered; (b) The check is issued by a banking institution which is chartered in a country other
than the United States on its account at a federally chartered or state-chartered
bank and is made payable to “cash,” “bearer,” a casino licensee, or the person presenting
the check; (c) The check is issued by a banking institution which is chartered in the United
States on its account at another federally chartered or state-chartered bank and is
made payable to “cash,” “bearer,” a casino licensee, or the person presenting the
check; (d) The check is issued by a slot system operator or pursuant to an annuity jackpot
guarantee as payment for winnings from a multi-casino progressive slot machine system
jackpot; or (e) The check is issued by an entity that holds a gaming license in any jurisdiction, is made payable to the person presenting
the check, and is issued for a purpose other than employment compensation or as payment
for goods or services rendered; (2) The check is identifiable in a manner approved by the division as a check authorized
for acceptance pursuant to paragraph (1) of this subsection; (3) The check is dated, but not postdated; (4) The check is presented to the cashier or the cashier's representative by the original
payee and its validity is verified by the drawer in the case of a check drawn pursuant
to subparagraph (a) of paragraph (1) of this subsection, or the check is verified
in accordance with regulations promulgated under this act in the case of a check issued
pursuant to subparagraph (b), (c), (d) or (e) of paragraph (1) of this subsection;
and (5) The regulations concerning check cashing procedures are observed by the casino
licensee and its employees and agents. No casino licensee shall issue a check for the purpose of making a loan or otherwise
providing or allowing any advance or credit to a person to enable the person to take
part in gaming or simulcast wagering activity as a player. h. Notwithstanding the provisions of subsection b. and subsection c. of this section
to the contrary, a casino licensee may, at a location outside the casino, accept a
personal check or checks from a person for up to $5,000 in exchange for cash or cash
equivalents, and may, at such locations within the casino or casino simulcasting facility
as may be permitted by the division, accept a personal check or checks for up to $5,000
in exchange for cash, cash equivalents, tokens, chips, or plaques to enable the person
to take part in gaming or simulcast wagering activity as a player, provided that: (a) The check is drawn on the patron's bank or brokerage cash management account; (b) The check is for a specific amount; (c) The check is made payable to the casino licensee; (d) The check is dated but not post-dated; (e) The patron's identity is established by examination of one of the following:
valid credit card, driver's license, passport, or other form of identification credential
which contains, at a minimum, the patron's signature; (f) The check is restrictively endorsed “For Deposit Only” to the casino licensee's
bank account and deposited on the next banking day following the date of the transaction; (g) The total amount of personal checks accepted by any one licensee pursuant to this
subsection that are outstanding at any time, including the current check being submitted,
does not exceed $5,000; (h) The casino licensee has a system of internal controls in place that will enable
it to determine the amount of outstanding personal checks received from any patron
pursuant to this subsection at any given point in time; and (i) The casino licensee maintains a record of each such transaction in accordance
with regulations established by the division. i. (Deleted by amendment, P.L.2004, c. 128 ). j. A person may request the division to put that person's name on a list of persons
to whom the extension of credit by a casino as provided in this section would be prohibited
by submitting to the division the person's name, address, and date of birth. The person does not need to provide a reason for this request. The division shall provide this list to the credit department of each casino; neither
the division nor the credit department of a casino shall divulge the names on this
list to any person or entity other than those provided for in this subsection. If such a person wishes to have that person's name removed from the list, the person
shall submit this request to the division, which shall so inform the credit departments
of casinos no later than three days after the submission of the request. k. (Deleted by amendment, P.L.2004, c. 128 ).
Frequently Asked Questions About New Jersey § 5:12-101
What does New Jersey Statutes § 5:12-101 cover?
Section 5:12-101 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 5:12-101?
A common citation format is "New Jersey Statutes § 5:12-101" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 5:12-101 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.