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A change in indoor games of chance to skill-based redemption games sparks a declaratory action as to what is a “recognized amusement park” pursuant to N.J.A.C. 13:3-1(a).

July 1, 2018
Falls Group LLC v. Township of Mt. Laurel, 2011 N.J. Super. UnPub. LEXIS 62

While the Township of Mt. Laurel admitted that an entity known as “The Funplex” is an amusement park, it argued that a “recognized” amusement park meant an accepted one expressly declared to exist pursuant to N.J.A.C. 13:3-15 for purposes of licensing of amusement games. The court found that the “accepted” requirement is not within the definition of “recognized.” Also, there is ample basis to clearly establish that the Funplex is an amusement park and, therefore, is a “recognized” amusement park. It meets the criteria as a commercially-operated permanent business: open to the public at least 31 days consecutively, its acreage is designed and themed for participatory amusements incorporating rides or water slides, and has food and merchandise in permanent structures.

 

Case Law Alerts, 3rd Quarter, July 2018

Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2018 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

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