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2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:3-41 - Annual issuance of permit, inspection

5:3-41. Annual issuance of permit, inspection
11. a. No carnival-amusement ride may be operated without a permit issued by the department. Before commencing operations and annually thereafter, an owner shall apply for a permit to the department on a form furnished by the department and containing such information as the department may require. All carnival-amusement rides shall be inspected before they are put into operation for the public's use and thereafter at least once every year. If, after inspection, a carnival-amusement ride is found to comply with the rules and regulations of the department, the department shall issue a permit authorizing the ride for use by the public. Permits shall be issued for a period of one year unless extended by the commissioner or suspended or revoked in accordance with section 7 of P.L.1998, c.10 (C.5:3-41.1). Carnival-amusement rides shall be tested, maintained and inspected periodically by the owner, in accordance with standards promulgated by the department.
b. The permit application for any carnival-amusement ride for which type certification has been approved shall refer to the carnival-amusement ride type certification number issued to the manufacturer by the department.
c. The permit application for any carnival-amusement ride not having a type certification shall include the information required to be provided pursuant to section 15 of P.L.1975, c.105 (C.5:3-45).
d. No person shall modify a carnival-amusement ride which has a type certification unless the modification is pursuant to an amended type certification issued to the manufacturer or is pursuant to a supplemental modification certification.
e. No person shall modify a carnival-amusement ride for which no type certification exists unless the modification is pursuant to a supplemental modification certification or the permit holder or applicant has submitted to the department the information required under section 12 of P.L.1975, c.105 (C.5:3-42).
L.1975,c.105,s.11; amended 1977, c.341; 1998, c.10, s.3; 2001, c.166, s.6.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:3-41.1 - Suspension, revocation of permit

5:3-41.1 Suspension, revocation of permit
7. The department shall have the power to suspend or revoke an owner's permit for any good cause under the meaning and purpose of P.L.1975, c.105 (C.5:3-31 et seq.).
L.1998,c.10,s.7.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:3-42.1 - Information provided by manufacturers; evaluation of incidents; engineering analyses

5:3-42.1. Information provided by manufacturers; evaluation of incidents; engineering analyses
14. a. All persons manufacturing carnival-amusement rides to be erected, used or installed in this State shall provide to the department, on a form provided by the department, the information that the commissioner shall prescribe by rule.
b. Upon notification from an owner or operator of an incident, whether in this State or elsewhere, involving a critical component of a ride, the manufacturer of the ride shall promptly evaluate the information in the notification and, if necessary, provide, in the form of a safety bulletin, the results of that evaluation, together with any recommendations, to the department and to all known owners and operators of the ride in this State.
c. The department shall also have the authority to prohibit the sale, erection, use or installation of any carnival-amusement ride in this State upon a final determination, following exhaustion of all available remedies at law, that the manufacturer of the ride has repeatedly failed to comply with orders requiring engineering analyses to be prepared and submitted to the department or safety bulletins to be issued for individual carnival-amusement rides or classes of carnival-amusement rides or upon a final determination, following exhaustion of all available remedies at law, that the manufacturer has refused, on a repeated and egregious basis, to comply with orders to carry out the duties and obligations imposed by P.L.1975, c.105 (C.5:3-31 et seq.).
d. The requirements imposed by this section on a manufacturer shall apply equally to any person who obtains a supplemental modification certification.
L.2001,c.166,s.14.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:3-43 - Individual approval of ride, required; conditions

5:3-43. Individual approval of ride, required; conditions
13. If a carnival-amusement ride was manufactured prior to the effective date of P.L.2001, c.166 or the type certification for the ride is not renewed by the manufacturer or is revoked by the department, then the ride shall not be operated, installed or used in this State unless the owner or operator has obtained a carnival-amusement ride individual approval from the department. No ride not having a type certification or supplemental modification certification shall be modified unless the owner or operator has provided the information required by section 12 of P.L.1975, c.105 (C.5:3-42) and the owner or operator of the ride has obtained an individual approval for the ride as modified. Information required by the department regarding any ride shall be provided by a licensed professional engineer or other qualified person acceptable to the department.
L.1975,c.105,s.13; amended 2001, c.166, s.8.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:3-44 - Order of temporary cessation of operation, suspension of permit; reconsideration hearing

5:3-44. Order of temporary cessation of operation, suspension of permit; reconsideration hearing
14. a. The department may order, in writing, a temporary cessation of operation of a carnival-amusement ride or suspend the permit issued for that ride if it has been determined after inspection, in accordance with standards promulgated by the department, to be hazardous or unsafe or that there has been a violation of P.L.1975, c.105 (C.5:3-31 et seq.) or any rule or regulation promulgated pursuant to that act. Operation shall not resume until such conditions are corrected to the satisfaction of the department.
b. The commissioner shall reinspect a carnival-amusement ride for which a permit has been suspended within 48 hours of receiving written notice from the owner of the ride stating that the condition or violation for which the permit was suspended has been corrected. If, upon reinspection, the commissioner determines that the condition or violation has been corrected, the commissioner shall reinstate the permit immediately.
c. If a person whose permit has been suspended or revoked, or whose application for a permit has been denied, believes that the violation or condition justifying suspension, revocation or denial of the permit does not exist, the person may apply to the commissioner for a reconsideration hearing in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). The reconsideration hearing shall be conducted, and a final decision issued by the commissioner, within 48 hours of the receipt of the request, except as extended with the consent of both parties. Failure to issue a decision shall constitute denial of the requester's appeal. The decision of the commissioner shall be final, subject to the right of the parties to appeal to the Superior Court of New Jersey, Appellate Division.
L.1975,c.105,s.14; amended 2001, c.166, s.9.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:3-45 - Use of rides not prohibited; conditions

5:3-45. Use of rides not prohibited; conditions
15. a. This act shall not be construed as to prevent the use of any carnival-amusement ride if the ride has a New Jersey serial number and is maintained in a safe condition and in conformance with the rules and regulations of the department, and the owner or operator of the ride provides to the department a manual prepared by a licensed professional engineer or other qualified person acceptable to the department which contains the following information:
(1) A schedule of periodic inspections and maintenance required to be carried out by owners and operators as needed to ensure continued safety;
(2) A schedule of nondestructive testing that is necessary to ensure the continuing safety and soundness of the ride;
(3) Operation procedures and training requirements for ride operators and attendants, including training regarding safety-based limitations on who may ride;
(4) For mobile rides, a detailed set of erection instructions including any necessary support requirements; and
(5) Any other information as the commissioner may prescribe by regulation.
b. No carnival amusement ride which has a New Jersey serial number shall be modified unless:
(1) All of the requirements of subsection a. of this section are met; and
(2) The modification is pursuant to a supplemental modification certification or the owner or operator of the ride obtains individual approval of the modification in accordance with the provisions of section 12 of P.L.1975, c.105 (C.5:3-42).
L.1975,c.105,s.15; amended 2001, c.166, s.10.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:3-46 - Maintenance, inspection records

5:3-46. Maintenance, inspection records
16. a. The owner and ride operator shall retain at all times up-to-date maintenance and inspection records for each carnival-amusement ride in accordance with such rules and regulations as the department may prescribe. Among other things, such records shall contain information of the date and nature of all inspections, whether by a departmental inspector or a person in the employment of the owner or of any insurer of the carnival-amusement ride, as well as of any violations and the types of actions taken to rectify the violations. All breakdowns or repairs of any mechanical part shall be duly noted. The department may also require a full safety inspection of any ride whose operation results in any injury or death before operation of that ride can be resumed.
b. The department shall conduct an investigation of each carnival-amusement ride incident in which one or more persons suffer death or serious injury and shall identify those measures which may be required to prevent the future occurrence of death or serious injury under similar circumstances and, in furtherance of any investigation pursuant to this subsection, the department may issue and enforce subpoenas to compel the testimony of any person who may have knowledge of any relevant matters and the production of any relevant documents.
L.1975,c.105,s.16; amended 2001, c.166, s.11.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:3-47 - Report of accidents, injuries, fatalities

5:3-47. Report of accidents, injuries, fatalities
17. It shall be the duty of every owner and ride operator to report immediately, on a form to be provided by the department, any accidents and resulting injuries or fatalities incurred during the operation of any carnival-amusement ride, other than minor incidents, as defined by rule, or any mechanical malfunction of any ride while in use necessitating suspension of operation for diagnostic or corrective work, and to cease operation of any ride whose breakdown or malfunction causes a fatality or serious injury to any person, subject to rules and regulations promulgated by the department.
Each owner and operator shall maintain, and make available for inspection by the commissioner, records of all minor incidents incurred in the operation of a carnival-amusement ride. As used in this section, "minor incidents" means those incidents designated by rule of the commissioner to be minor in nature.
As used in this section, "mechanical malfunction" means and includes structural failure of a load-bearing element, mechanical or electrical failure of a drive or control system component, or failure of a restraint system, which materially compromises ride safety.
L.1975,c.105,s.17; amended 2001, c.166, s.12.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:3-48 - Modification of rules, regulations or order; application; hearing; findings and recommendations; record

5:3-48. Modification of rules, regulations or order; application; hearing; findings and recommendations; record
If there are practical difficulties or unnecessary hardships for an owner to comply with any rules and regulations adopted pursuant to this act, or if an owner is aggrieved by any order issued thereto, the department may modify the application of such rules, regulations or order in the spirit of the provisions of this act with regard to public safety. Any owner may, within 10 days after the promulgation of such rules or regulations or the service of such order, apply to the department for a modification of said rules, regulations or order. The request shall be in writing and shall state the grounds for applying for such modification. It shall be the duty of the department to provide such hearing at the earliest convenient opportunity, at which time the owner shall have the right to be heard personally or by counsel, to cross-examine witnesses appearing against him and to produce evidence in his own behalf. After such hearing the department shall report in writing its findings and recommendations, which shall include a description of the conditions under which the modifications, if any, are permitted. Such hearing and decision shall conform to the applicable provisions of the "Administrative Procedure Act," and a record of all authorized modifications shall be kept by the department and open to the public.
L.1975, c. 105, s. 18, eff. May 29, 1975.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:3-49 - Rules and regulations on safe operating procedures

5:3-49. Rules and regulations on safe operating procedures
The department shall adopt and promulgate rules and regulations on safe operating procedures which, inter alia, shall include the requirement that a ride operator be at least 16 years of age, that he operate no more than one ride at any given time, and that he be in attendance at all times that said ride is in operation.
L.1975, c. 105, s. 19, eff. May 29, 1975.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:3-50 - Insurance or bond required for operation of ride

5:3-50. Insurance or bond required for operation of ride
20. No persons shall operate a carnival-amusement ride unless at the time there is in existence (a) a policy of insurance written on a per occurrence basis in an amount of not less than $1,000,000 per occurrence insuring the owner or operator against liability for injury suffered by any person riding the carnival-amusement ride, or (b) a bond in a like amount; provided, however, that the aggregate liability of the surety under such bond shall not exceed the face amount thereof. The policy shall be procured from one or more insurers acceptable to the State Commissioner of Banking and Insurance and either (a) licensed to transact insurance in the State of New Jersey, or (b) approved as surplus line insurers pursuant to section 11 of P.L.1960, c.32 (C.17:22-6.45).
L.1975,c.105,s.20; amended 2001, c.166, s.13.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:3-51 - Inapplicability of act to single-passenger coin-operated ride

5:3-51. Inapplicability of act to single-passenger coin-operated ride
This act shall not apply to any single-passenger coin-operated ride, manually, mechanically or electrically operated, which customarily is placed, singly or in groups, in a public location and which does not normally require the supervision or services of an operator.
L.1975, c. 105, s. 21, eff. May 29, 1975.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:3-52 - Enactment of requirements by municipalities; application for exemption from state standards

5:3-52. Enactment of requirements by municipalities; application for exemption from state standards
Nothing contained in this act shall prevent municipalities from enacting requirements more restrictive than those provided for by, or adopted pursuant to the provisions of this act. Any municipality desiring to impose more restrictive requirements shall make a written application for exemption from any State standards adopted hereunder to the department which shall act upon said application in accordance with the procedures set forth in section 18 of this act.
L.1975, c. 105, s. 22, eff. May 29, 1975.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:3-53 - Injunction to compel compliance

5:3-53. Injunction to compel compliance
The department shall have the power to bring injunctive proceedings in any court of competent jurisdiction to compel compliance with any lawful order made by the department pursuant to the provisions of this act.
L.1975, c. 105, s. 23, eff. May 29, 1975.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:3-54 - Noncompliance; fine

5:3-54. Noncompliance; fine
24. Any person who interferes in any manner with the implementation of or otherwise fails to comply with the provisions of this act, shall be liable to a fine of not more than $5,000 per day for each violation to be adjudged, collected and enforced, in suit filed by the department, pursuant to the provisions of "the penalty enforcement law" (N.J.S.2A:58-1 et seq.).
L.1975,c.105,s.24; amended 1998, c.10, s.4.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:3-55 - Definitions

5:3-55. Definitions
1. As used in this act:
"Amusement park" means any permanent indoor or outdoor facility or park where amusement rides are available for use by the general public.
"Amusement park operator" means any person, firm or corporation that owns, leases, manages or operates an amusement park or amusement ride.
"Amusement ride" includes any device within the meaning of section 2 of P.L.1975, c.105 (C.5:3-32), and any other water-based recreational amusement, including all water slides, wave pools and water parks.
"Rider" means a person attending an amusement park or utilizing an amusement ride. Rider also includes any person who is an invitee, whether or not that person pays consideration.
L.1992,c.118,s.1.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:3-56 - Certain riders prohibited, operator immunity

5:3-56. Certain riders prohibited, operator immunity
2. A rider shall not board or attempt to board any amusement ride if he is knowingly under the influence of any alcoholic beverage as defined in R.S.33:1-1 or under the influence of any prescription, legend drug or controlled dangerous substance as this term is defined in P.L.1970, c.226 (C.24:21-1 et al.), or any other substance which affects the rider's ability to safely use the ride and abide by the posted and stated instructions. The operator of the amusement ride may prevent a rider who is perceptibly or apparently under the influence of drugs or alcohol from riding on an amusement ride. An operator who prevents a rider from boarding a ride in accordance with this section shall not be criminally or civilly liable in any manner or to any extent whatsoever if the operator has a reasonable basis for believing that the rider is under the influence of drugs or alcohol.
L.1992,c.118,s.2.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:3-57 - Written report of accident precondition to bringing suit

5:3-57. Written report of accident precondition to bringing suit
3. a. As a precondition to bringing any suit in connection with an injury against an amusement park operator, a rider shall report in writing to the amusement park operator all the details of any accident within 90 days from the time of the incident giving rise to the suit.
b. In order to facilitate reporting of accidents or injuries, every amusement park operator shall designate an office or location as a site for reporting accidents and injuries. The designated office or site shall be open and staffed during regular business hours and shall be clearly designated in writing. The operator shall designate and identify more than one such office or location if necessary within the amusement park so that no area containing amusement park rides is further than reasonable walking distance from an office or location.
c. An accident report shall include at least the following: name and address of the accident victim, brief description of incident location, alleged cause of accident, name and address of the ride operator, others involved and witnesses, if any. The precondition in subsection a. of this section is not applicable unless the operator conspicuously posts notice of the reporting requirement in English and one other language deemed appropriate by the amusement park operator and in at least five different locations on the premises, including each entrance and exit, each place designated for receiving reports of accidents and injuries during business hours and each place designated as a first aid station. The Department of Labor shall provide the rider or his representative with a copy of the accident report as required by section 17 of P.L.1975, c.105 (C.5:3-47) upon request.
L.1992,c.118,s.3.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:3-58 - Late reports, determination of prejudice to operator

5:3-58. Late reports, determination of prejudice to operator
4. A rider who fails to give the report required by section 3 of this act within 90 days from the time of the accident or incident may be permitted to give the report at any time within one year after the accident or incident at the discretion of a judge of the Superior Court if the operator is not substantially prejudiced thereby. The inability of the amusement park operator to locate and bring within the jurisdiction of the court needed witnesses for his defense shall be considered by the court in determining whether the operator has been substantially prejudiced by the delay. Application to the court for permission to give a late report shall be made upon motion based on affidavits showing sufficient reason for the rider's failure to give the report within 90 days from the time of the accident or incident.
L.1992,c.118,s.4.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:3-59 - Report to serve as notice to operator

5:3-59. Report to serve as notice to operator
5. When an operator files a report of an accident as required by section 17 of P.L.1975, c.105 (C.5:3-47) within 90 days from the time of the accident that report shall serve as notice to the operator for the purposes of section 3 of this act.
L.1992,c.118,s.5.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:4-1 - Display of flag in buildings, etc.

5:4-1. Display of flag in buildings, etc.
No owner, proprietor or lessee of any hall, place of amusement, auditorium, tent or room used for the entertainment of the public, for public gatherings or public meetings, shall permit the holding of any entertainment, public gathering or public meeting, unless the flag of the United States shall be publicly displayed in such hall, place of amusement, auditorium, tent or room.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:4-2 - Display of flag on streets, highways, etc.

5:4-2. Display of flag on streets, highways, etc.
No person or persons directly or indirectly in charge of any entertainment, public gathering or public meeting, on any public street or highway or lot or tract of land, in any municipality shall proceed with the holding of any such entertainment, public gathering or public meeting unless the flag of the United States, reasonably clean and in good repair, shall be publicly displayed at such entertainment, gathering or meeting.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:4-5 - Penalty for violation

5:4-5. Penalty for violation
5:4-5. Any person violating any of the provisions of this chapter shall, upon conviction thereof in a summary proceeding before any municipal court of this State, be sentenced to pay a fine not exceeding one hundred dollars ($100.00) for each such offense, for the use of the State.
Amended 1953,c.6,s.6; 1991,c.91,s.182.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-22 - New Jersey Racing Commission, powers, duties; definitons.

5:5-22 New Jersey Racing Commission, powers, duties; definitons.
1. There is hereby created and established a New Jersey Racing Commission, hereinafter referred to as the commission, which commission shall be vested with and possessed of the powers and duties in this act specified, including the duty, when consistent with the commission's primary duty of regulating horse racing, to advocate the growth, development and promotion of the horse racing industry in this State, and also the powers necessary or proper to enable it to carry out fully and effectually all the provisions and purposes of this act. The jurisdiction, powers and duties of the commission herein created and established shall extend under this act to any and all persons, partnerships, associations or corporations which shall hereafter hold or conduct any meeting within the State of New Jersey whereat horse racing shall be permitted for any stake, purse or reward.
As used in this act
(a) Horse racing, horse race meeting or race meeting shall be construed to mean and include running and harness racing of horses.
(b) Running racing or running races shall be construed to mean and include only any racing of horses in which the horses competing or participating are mounted by a jockey.
(c) Harness racing or harness races shall be construed to mean and include only any racing of horses in which the horses competing or participating are harnessed to a sulky, carriage or similar vehicle and are not mounted by a jockey.
L.1940,c.17,s.1; amended 1941, c.137, s.2; 2004, c.117.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-22.1 - Delivery, certification of commission minutes to Governor; approval.

5:5-22.1 Delivery, certification of commission minutes to Governor; approval.
31. A true copy of the minutes of every meeting of the commission shall be forthwith delivered by and under the certification of, the executive director thereof to the Governor. No action taken at such meeting of the commission shall have force and effect until the earlier of 10 days, exclusive of Saturdays, Sundays and public holidays, after such copy of the minutes shall have been so delivered, or the approval thereof by the Governor. If, in the 10-day period, the Governor returns such copy of the minutes with veto of any action taken by the commission or any member thereof at such meeting, such action shall be null and void and of no effect. The Governor may approve all or part of the action taken at such meeting, prior to the expiration of the 10-day period. This section shall not apply to enforcement actions for violations of regulations promulgated by the commission.
L.2001,c.199,s.31.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-22.2 - Regulations relative to horse racing and certain wagering, commission authority.

5:5-22.2 Regulations relative to horse racing and certain wagering, commission authority.
1. Notwithstanding the provisions of any other law to the contrary, the New Jersey Racing Commission, in effectuating its responsibilities under P.L.1940, c.17 (C.5:5-22 et seq.), the "Simulcasting Racing Act," P.L.1985, c.269 (C.5:5-110 et seq.), the "Off-Track and Account Wagering Act," P.L.2001, c.199 (C.5:5-127 et seq.), and the "Casino Simulcasting Act," P.L.1992, c.19 (C.5:12-191 et seq.), and under such circumstances and for such races as the commission shall deem appropriate, shall:
a. at the request of a permitholder, allow a permitholder to offer a future wager consisting of wagering on prospective entrants for specific races, with wagering conducted in advance, one or more parimutuel pools formed and closed on dates prior to the date of the race, and all wagers considered final and no refunds paid even if, for any reason, an entrant fails to participate in the race;
b. provide that the minimum wager amount that may be placed on a horse race may be $0.10 or greater;
c. provide that, after three years following the date of purchase, unclaimed cash vouchers shall be paid 50% to the permitholder at the location where purchased and 50% to the purse account at the location where purchased, provided that if the permitholder conducts both harness and thoroughbred races the purse amount shall be divided equally between the harness and thoroughbred purse accounts;
d. at the request of a permitholder or the operator of a casino simulcasting facility, allow the permitholder or the operator of a casino simulcasting facility to accept a wager in advance of a race at an in-State or out-of-State sending track under a simulcast agreement without receiving a simulcast transmission thereof or displaying live video thereof when: (1) the race is to be conducted between the hours of 11:00 PM and 11:00 AM local New Jersey time, or at such other times as the commission shall permit due to extenuating circumstances; or (2) at other times, as the commission shall permit, when a racetrack, off-track wagering facility, or casino simulcasting facility is temporarily closed due to the hosting of an event at that facility that warrants the closure of that facility for a period not to exceed 24 hours, provided that a simulcast transmission of that race is received and displayed under a simulcast transmission agreement at any other racetrack, off-track wagering facility, or casino simulcasting facility in this State; and
e. allow a permitholder to pay an amount due a winning ticketholder, notwithstanding that the ticketholder is unable to produce the actual ticket, if the permitholder is able to verify independently through electronic or other means approved by the commission that the ticketholder purchased the ticket.
L.2006, c.19, s.1; amended 2011, c.48, s.1.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-23 - Membership of New Jersey Racing Commission.

5:5-23 Membership of New Jersey Racing Commission.
2. The commission shall consist of nine members, all of whom shall be appointed by the Governor, by and with the advice and consent of the Senate, and not more than five of whom shall be of the same political party, and one of whom shall be designated by the Governor to be the chairman of the commission. Each commissioner, at the time of appointment and qualification, shall: (1) be a resident of the State of New Jersey; (2) have resided in the State for a period of at least seven years next preceding appointment and qualification; and (3) be a qualified voter therein and not less than 30 years of age.
At least three commissioners shall be residents of South Jersey, which, for the purposes of this section, shall consist of the counties of Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Mercer, Ocean, and Salem.
At least one commissioner shall be a resident of Monmouth county.
Two commissioners shall be persons with knowledge of thoroughbred horses, and shall be recommended for nomination by the New Jersey Thoroughbred Horsemen's Association, not more than one of whom shall be from the same political party. Two commissioners shall be persons with knowledge of standardbred horses and shall be recommended for nomination by the Standardbred Breeders' and Owners' Association of New Jersey, not more than one of whom shall be from the same political party. No commissioner shall breed a horse in New Jersey or hold a license to train or race a horse in New Jersey.
Each commissioner shall hold office for a term of six years and until a successor has been appointed and qualified. The term of office of each commissioner shall commence on confirmation after appointment. Upon the expiration of the term of each commissioner, the Governor, by and with the advice and consent of the Senate, shall appoint a successor, to hold office for a term of six years and until his or her successor has been appointed and qualified. The successor of a commissioner appointed upon the recommendation of the New Jersey Thoroughbred Horsemen's Association or the Standardbred Breeders' and Owners' Association of New Jersey shall be recommended for nomination by that Association. Any vacancy in the commission shall be filled for the unexpired term. Each commissioner shall be eligible for reappointment in the discretion of the Governor.
L.1940,c.17,s.2; amended 1984, c.247, s.1; 1987, c.413; 2003, c.32, s.1.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-24 - Oath and bond of commissioners; renewal of bond

5:5-24. Oath and bond of commissioners; renewal of bond
Before entering upon the discharge of the duties of his office, each member of the commission shall take oath that he will well and faithfully execute the duties of his office according to the laws of the State, and shall give bond to the State of New Jersey, with sufficient surety to be approved by the Governor, in the sum of twenty-five thousand dollars ($25,000.00) conditioned that he will well and faithfully execute and perform the duties of his office according to the Constitution and laws of this State. Every such bond, when duly executed and approved, shall be filed in the office of the Secretary of State. It shall be the duty of the Governor at all times, when in his opinion the bond of any member of the commission has become or is likely to become invalid or insufficient, to require such member of the commission forthwith to renew his said bond to be approved by the Governor in the sum prescribed in this section. The cost of any such bond given by any member of the commission under this section shall be taken to be a part of the necessary expenses of the commission.
L.1940, c. 17, p. 70, s. 3.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-25 - Salaries and expenses of commissioners; executive directors; employees of commission; extension of civil service laws to.

5:5-25. Salaries and expenses of commissioners; executive directors; employees of commission; extension of civil service laws to.
4. The commissioners shall receive no salaries but shall be allowed reasonable expenses incurred in the performance of their official duties in an amount not exceeding $5,000.00 per annum in the case of the chairman, and $3,500.00 per annum in the case of each of the other commissioners. The commission shall appoint an executive director of racing who shall be charged with the responsibility of administering all commission activities. The executive director of racing shall be appointed by the commission to serve at its pleasure and shall receive such compensation as the commission shall determine. The commission may also employ a chief inspector and such other assistant secretaries, and inspectors, clerks, stenographers, and other employees as may be necessary to carry out the provisions of this act, all of whom shall have been actual residents of the State of New Jersey for at least 5 years and shall serve during the pleasure of the commission and receive such compensation and perform such duties as the commission may determine; provided, however, that no person shall be employed by the commission or hold any office or position under the commission who holds an official relation to any association or corporation engaged in or conducting horse racing or who holds stock or bonds therein, or who has any pecuniary interest therein. The provisions of Title 11, Revised Statutes, and acts amendatory thereof and supplemental thereto, shall be construed to extend to all of the offices, positions and employments mentioned in this section with the exception of the following: commissioners, executive director, assistant secretaries, chief inspector, assistant inspectors, and all special and part-time employees.
L.1940,c.17,s.4; amended 1951,c.311; 1969,c.76; 1974,c.181,s.4.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-25.1 - Regulations relative to commission member, employee.

5:5-25.1 Regulations relative to commission member, employee.
1. a. No member or employee of the commission shall hold any direct or indirect interest in, or be employed by, any applicant for or holder of a permit or license issued by the commission for a period of two years commencing at the termination of membership on or employment with the commission, except that a secretarial or clerical employee of the commission may accept such employment at any time after the termination of employment with the commission.
b. No member or employee of the commission shall represent any person or party other than the State before or against the commission with respect to any matter that was before the commission during the tenure of the commission member or employee of the commission for a period of two years from the termination of his or her office or employment with the commission.
L.2003,c.151,s.1.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-25.2 - Regulations relative to applicant for, holder of permit or license.

5:5-25.2 Regulations relative to applicant for, holder of permit or license.
2. a. No applicant for or holder of a permit or license issued by the commission shall employ or offer to employ, or provide, transfer or sell, or offer to provide, transfer or sell, any interest, direct or indirect, in any holder of a permit or license issued by the commission to a former member or employee of the commission restricted from such employment or interest pursuant to section 1 of this act, P.L.2003, c.151 (C.5:5-25.1).
b. The commission shall promulgate regulations establishing sanctions upon an applicant for or holder of a permit or license issued by the commission for a violation of this section.
L.2003,c.151,s.2.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-26 - Bond of executive secretary and other employees

5:5-26. Bond of executive secretary and other employees
The executive director shall give bond to the State of New Jersey, with sufficient surety to be approved by the commission, in the sum of $50,000.00 conditioned that he will well and faithfully execute and perform the duties of his office according to the Constitution and the laws of this State, and such chief inspector, assistant secretaries, inspectors, clerks, stenographers and employees may, if the commission determine that it be necessary, give bond in such amount, as said commission may determine upon. Every such bond when duly executed and approved shall be filed in the office of the Secretary of State. The cost of any such bond so given as aforesaid shall be taken to be part of the necessary expenses of the commission.
L.1940, c. 17, p. 71, s. 5. Amended by L.1941, c. 137, p. 460, s. 3; L.1974, c. 181, s. 5, eff. Dec. 16, 1974.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-27 - Payments from appropriations; record of proceedings; preservation of maps, books, etc.; annual report

5:5-27. Payments from appropriations; record of proceedings; preservation of maps, books, etc.; annual report
7. All such payments shall be made by the State Treasurer on warrant of the Comptroller of the Treasury after countersignature by the chairman of the commission. The secretary shall keep a record of all proceedings of the commission and shall preserve all maps, books, documents and papers belonging to the commission or entrusted to its care, and perform such other duties as the commission may prescribe. The commission shall make an annual report in writing to the Governor on or before the last day of the State fiscal year and such additional reports as the Governor may from time to time request. The annual report shall include a statement of the receipts and disbursements of the commission and a summary of its activities, and any additional information and recommendations which the commission may deem of value or which the Governor may request.
L.1940, c. 17, p. 71, s. 7; amended 2021, c.469.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-28 - Books for record of proceedings; public inspection; reports; record of yeas and nays

5:5-28. Books for record of proceedings; public inspection; reports; record of yeas and nays
Said commissioners shall provide books to be kept apart and distinct from the records of any other State commission or department, and in said books keep a true, faithful and correct record of all proceedings, which shall be open to the public, and shall make complete reports of all of its proceedings to the Governor annually or more frequently if requested so to do by the Governor; provided, however, that financial and character reports of applicants for permits or licenses and statements of applicants for permits or licenses and similar information of a private nature may be kept in the confidential files of the commission.
The yeas and nays shall be taken and entered on the record of all proceedings of said commissioners upon any and all questions.
L.1940, c. 17, p. 72, s. 8.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-29 - Meeting of commission; quorum

5:5-29. Meeting of commission; quorum
The commission shall meet at such time and places within the State of New Jersey as the commission shall determine. A majority of the commission shall constitute a quorum for the transaction of any business, for the performance of any duty, or for the exercise of any power of the commission.
L.1940, c. 17, p. 72, s. 9.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-30 - Rules and regulations for conduct of horse races; rules and regulations of Jockey Club, National Steeplechase and Hunt Association and United States Trotting Association

5:5-30. Rules and regulations for conduct of horse races; rules and regulations of Jockey Club, National Steeplechase and Hunt Association and United States Trotting Association
The commission shall have full power to prescribe rules, regulations and conditions under which all horse races shall be conducted in the State of New Jersey under the provisions of this act, and may alter, amend, repeal and publish the same from time to time.
Every permit issued under this act shall contain a condition that all running races or race meetings conducted thereunder shall be subject to the reasonable rules and regulations from time to time prescribed by the Jockey Club, a corporation organized under the laws of the State of New York; that all steeplechase races, or steeplechases shall be subject to the reasonable rules and regulations from time to time prescribed by the National Steeplechase and Hunt Association, a corporation organized under the laws of the State of New York; that all harness races shall be subject to the reasonable rules and regulations from time to time prescribed by the United States Trotting Association organized under the laws of the State of Ohio. Any rule or regulation of such Jockey Club, National Steeplechase and Hunt Association or United States Trotting Association may be modified or abrogated by the said racing commission, upon giving such Jockey Club, National Steeplechase and Hunt Association or United States Trotting Association an opportunity to be heard.
L.1940, c. 17, p. 72, s. 10. Amended by L.1941, c. 137, p. 460, s. 4.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-31 - Removal of commissioner; hearing; subpoena; fees, review

5:5-31. Removal of commissioner; hearing; subpoena; fees, review
11. The Governor may remove any commissioner for inefficiency, neglect of duty or misconduct in office, giving to him a copy of the charges against him and an opportunity of being publicly heard in person or by counsel in his own defense, upon not less than fourteen days' notice either by personal service or registered mail.
The Governor shall have power to administer oaths and examine witnesses, and shall have the power to issue subpoenas to compel the attendance of witnesses and the production of all necessary reports, books, papers, documents, correspondence and other evidence at any designated place of hearing. The subpoenas shall be authenticated by the seal of the Governor, and any party to a proceeding before the Governor may secure from him subpoenas without charge. Misconduct on the part of a person attending a hearing or the failure of a witness when duly subpoenaed to attend, give testimony or produce any records, shall be punishable by the Superior Court in the county wherein the offense is committed in the same manner as such failure is punishable by that court in a case therein pending. The Governor shall certify such misconduct, failure to attend or produce records to the court.
The fees for the attendance of witnesses shall be the same as for the attendance of witnesses in other civil cases.
A person who, having been sworn or affirmed as a witness in any such proceeding, shall willfully give false testimony, shall be guilty of perjury.
The Governor, or any applicant, may in connection with any hearing before the Governor cause the deposition of witnesses within or without the State to be taken in the same manner as in civil actions in the Superior Court.
At the conclusion of such hearing, the Governor shall, within thirty days, make his findings.
If such commissioner shall be removed, the Governor shall file in the office of the Secretary of State a complete statement of all charges made against such commissioner and his findings thereof, together with a complete record of the proceedings, and shall give notice of his findings to such commissioner forthwith.
The action of the Governor and the propriety thereof shall be subject to review by a proceeding in lieu of prerogative writ in the Superior Court.
L.1940,c.17,s.11; amended 1953,c.6,s.7; 1991,c.91,s.183.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-32 - Minimum purse, stake or reward

5:5-32. Minimum purse, stake or reward
No running race shall be authorized or permitted for a purse, stake, or reward of less than one thousand dollars ($1,000.00) (plate value, if any, shall be considered as a part of the purse, stake or reward). The commission may determine the minimum amount of the purses, stakes or rewards for harness racing.
L.1940, c. 17, p. 74, s. 12. Amended by L.1941, c. 137, p. 461, s. 5.