New Jersey § 5:8-101

§ 5:8-101.

It shall be lawful for the governing body of any municipality, at any time after this

act shall become operative and except when prohibited by this act, to license the

owner and operator of any amusement game or games, whether of skill or chance, or

both and whether said game be played and operated with or without numbers or figures,

to hold and operate such amusement game or games, which term is defined as a game

or games played for amusement or entertainment, in which the person or player actively

participates and the outcome of which is not in the control of the operator, and which

is so conducted that the sale of a right to participate, the event which determines

whether a player wins or loses and the award of the prize, all occur as a continuous

sequence at the time when and place where the player or players are all present, provided

that the same are to be held and operated at a recognized amusement park or at a seashore

or other resort in that part thereof customarily constituting an amusement or entertainment

area according to the customary understanding of said terms in the community, and

provided that the same shall be held, operated and conducted pursuant to this act

and such license and the license issued by the Legalized Games of Chance Control Commission , as hereinafter provided, and under such conditions and regulations for the supervision

and conduct thereof as shall be prescribed by rules and regulations duly adopted from

time to time by the commission , not inconsistent with the provisions of this act, and for any person or persons

to participate in and play such amusement games conducted under such licenses. As used in this section: “ Recognized amusement park ” means a commercially operated permanent business, open to the public at least 31

consecutive days annually, designed and themed for the primary purpose of providing participatory amusements

incorporating skill-based attractions, rides or water slides licensed in accordance

with P.L.1975, c. 105 ( C.5:3-31 et seq. ), or electronic amusements, and food and merchandise concessions in permanent structures. Nothing in this definition shall prevent a license from being issued in any location

which has had a license issued prior to the effective date of P.L.2015, c. 149 ( C.5:8-78.1 et al.). “ Skill-based attraction ” means an amusement utilizing a tangible object such as a ball, puck or other portable

object either alone or in competition with other on-premises guests, or requiring

the exertion of physical, aerobic activity, such as dancing, climbing, running, or

jumping rope; or any amusement that is predominantly skill-based and can be played either alone or in competition with other on-premises guests. “ Electronic amusement ” means an amusement offered through an electronic device that allows a player to

participate in a game of skill or chance through interaction with the device.