reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-33 - Licensure of horse race personnel

5:5-33. Licensure of horse race personnel
All parimutuel employees and all horse owners, riders, agents, trainers, starters, timers, judges, grooms, drivers, and others, acting in any capacity in connection with the training of the horses or the actual running of the races in any such race meeting may be licensed by the commission, pursuant to such rules and regulations as the commission may adopt. The commission shall have full power to prescribe rules, regulations and conditions under which all such licenses are issued in the State of New Jersey and to revoke or refuse to issue a license if in the opinion of the commission the revocation or refusal to issue such license is in the public interest; provided, however, that such rules, regulations and conditions shall be uniform in their application; and further provided that no fee shall be in excess of $50.00 for each license so granted.
L. 1940, c. 17, p. 74, s. 13. Amended by L. 1941, c. 137, p. 461, s. 6; L. 1974, c. 181, s. 8, eff. Dec. 16, 1974; L. 1985, c. 128, s. 1, eff. April 12, 1985.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-34 - Requirements for licensure by Racing Commission.

5:5-34 Requirements for licensure by Racing Commission.
14. No person shall be licensed in any capacity whatsoever by the Racing Commission or employed in any capacity whatsoever at any place, track or enclosure where a horse race meeting is permitted who has been convicted of a crime involving moral turpitude. Each person seeking licensure or employment shall submit to the executive director the person's name, address and written consent for a criminal history record background check to be performed. The applicant shall submit to being fingerprinted in accordance with applicable State and federal laws, rules and regulations. The executive director is authorized to receive criminal history record information from the State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation consistent with applicable State and federal laws, rules and regulations. Upon receipt of such notification, the executive director shall make a determination regarding the person's eligibility for licensure or employment. The applicant shall bear the cost for the criminal history record background check, including all costs of administering and processing the check. The Division of State Police shall promptly notify the executive director in the event a current or prospective licensee or employee, who was the subject of a criminal history record background check pursuant to this section, is convicted of a crime or offense in this State after the date the background check was performed.
L.1940,c.17,s.14; amended 2003, c.199, s.2.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-35 - Officers, directors or employees of permit holder; powers of commission

5:5-35. Officers, directors or employees of permit holder; powers of commission
The commission shall have no right or power to determine who shall be officers, directors or employees of any holder of a permit to conduct a horse race meeting, or the salaries thereof; provided, however, that the commission may compel the discharge of any official or employee of the holder of any such permit or any concessionaire who (1) shall fail or refuse for any reason to comply with the rules or regulations of the commission, (2) who in the opinion of the commission is guilty of fraud, dishonesty or incompetency, (3) has been convicted of a crime involving moral turpitude, or (4) shall fail or refuse for any reason to comply with any of the provisions of this act.
L.1940, c. 17, p. 75, s. 15.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-36 - Resident employees

5:5-36. Resident employees
At least eighty-five per centum (85%) of the persons employed by any holder of a permit to conduct a horse race meeting or by any concessionaire at any place, track or enclosure where such a horse race meeting is permitted shall be residents of the State of New Jersey who have actually resided in this State for at least two years; provided, however, that jockeys, drivers or apprentices, exercise boys, owners, trainers, clockers and governing and managing officials and heads of departments of the track may be nonresidents of the State of New Jersey, and shall be excluded when computing the percentage of resident employees.
L.1940, c. 17, p. 75, s. 16. Amended by L.1941, c. 137, p. 462, s. 7.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-37 - Appointment of officials, persons to supervise operation of mutuels

5:5-37. Appointment of officials, persons to supervise operation of mutuels
17. a. The commission shall appoint a State steward and two or more associate State stewards in the case of a running race meeting and a State steward, presiding judge, and two or more associate judges in the case of a harness race meeting, which stewards and judges shall meet qualifications and standards established by the commission in rules and regulations promulgated pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.); and a State veterinarian and such associate State veterinarians as the commission deems necessary, who shall be licensed or approved to practice in this State by the State Board of Veterinary Medical Examiners, to serve at each horse race meeting held under a permit issued under this act. These officials shall devote full-time to their duties during each meeting at which they serve; shall be in the unclassified service under Title 11A (Civil Service) of the New Jersey Statutes and serve at the pleasure of the commission; and shall, where practicable, be rotated among the running race and harness tracks as appropriate. The compensation of these officials shall be fixed by the commission and shall be paid weekly by the holder of a permit at whose horse race track the officials shall serve. These officials shall have full and free access to any portion of the space or enclosure where such horse race meeting is held and shall have such powers and duties as the commission may from time to time delegate to them under the provisions of this act.
b. The commission shall employ persons to supervise the operation of mutuels at each horse race meeting held under a permit issued pursuant to P.L.1940, c.17 (C.5:5-22 et seq.). These employees shall be in the unclassified service under Title 11A (Civil Service) of the New Jersey Statutes. The compensation of these employees shall be paid by the commission, which shall be reimbursed by the permitholders at whose racetracks these persons serve. Such compensation shall be computed based on the number of days that each person has worked at each track and shall be remitted to the commission on a monthly basis. The persons employed by the commission to supervise the operation of mutuels shall have full and free access to any portion of the space or enclosure where such horse race meeting is held and shall have such powers and duties as the commission may from time to time delegate to them under the provisions of P.L.1940, c.17 (C.5:5-22 et seq.).
L.1940,c.17,s.17; amended 1985,c.128,s.2; 1992,c.120.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-38 - Application for permit for horse race meeting; execution and verification; contents

5:5-38. Application for permit for horse race meeting; execution and verification; contents
Each person, partnership, association or corporation desiring to hold or conduct a horse race meeting within the State of New Jersey, during any calendar year, shall file with the commission an application for a permit to hold or conduct such horse race meeting. A separate application shall be filed for each horse race meeting which such applicant proposes to hold or conduct. Any such application, if made by an individual, shall be signed and verified under oath by such individual, and if made by two or more individuals or a partnership, shall be signed and verified under oath by at least two of such individuals, or members of such partnership, as the case may be. If made by an association or corporation, it shall be signed by the president or vice-president thereof, and attested by the secretary or assistant secretary under the seal of such association or corporation, if it has a seal, and shall also be verified under oath by one of the officers signing the same. Such application shall specify the name of the person, association or corporation making such application, and the post-office address of the applicant; and if applicant is a corporation or an association, the names and addresses of the directors thereof, and the name and address of each owner or holder, directly or indirectly, of any share of stock or certificate or other evidence of ownership of any interest in such corporation or association and if a partnership, the names and addresses of all partners, general or limited. If the applicant is a corporation, the name of the State of its incorporation shall be specified. Such application shall further specify the dates on which it is intended to conduct or hold such horse race meeting, the hours of each racing day between which it is intended to hold or conduct horse racing at such meeting, which shall be between the hours of 12 o'clock noon and 6 o'clock P.M., Eastern Standard Time (exclusive of Sundays, on which day no race meeting may be conducted), and the location of the place, track or enclosure where it is proposed to hold or conduct such horse race meeting. Such application shall be in such form and supply such data including a blueprint of track and specifications of surface of same and blueprint and specifications of buildings and grandstand applicant, as the commission shall prescribe, which said blueprints and specifications shall be subject to the approval of the commission. The commission shall furnish forms to be used in making such applications, and all applications shall be made on such forms.
All applications filed with the commission for permits to hold or conduct horse race meetings shall be available for public inspection at the commission's office during ordinary business hours.
L.1940, c. 17, p. 76, s. 18. Amended by L.1946, c. 170, p. 746, s. 1; L.1954, c. 239, p. 884, s. 1.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-39 - Deposit required with application; return to applicant

5:5-39. Deposit required with application; return to applicant
With such application there shall be delivered to the secretary of the commission a certified check or bank draft payable to the order of the commission in the sum of ten thousand dollars ($10,000.00), which sum shall be returned to the applicant if the permit is refused, or when and if, after obtaining a permit, such applicant shall have made all of the payments due and payable hereunder and shall have conducted the meetings on the dates allotted by the commission.
L.1940, c. 17, p. 77, s. 19.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-40 - Deduction from deposit of deficiency in payments

5:5-40. Deduction from deposit of deficiency in payments
In the event such permit holder does not make all the payments due and payable hereunder, to the extent of such failure to pay, there shall be deducted from such ten thousand dollars ($10,000.00) sufficient to pay any such deficiency.
L.1940, c. 17, p. 77, s. 20.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-41 - Forfeiture of deposit

5:5-41. Forfeiture of deposit
In the event of the failure of any permit holder to run horse races on the dates allotted by the commission through the fault or neglect of such permit holder, said sum of ten thousand dollars ($10,000.00) shall be forfeited to the account of said commission.
L.1940, c. 17, p. 77, s. 21.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-42 - Return of deposit when horse race meeting not held; conditions

5:5-42. Return of deposit when horse race meeting not held; conditions
If for any reason or cause beyond the control of and through no fault or neglect of any holder of a permit and while such holder of a permit is not in default in the payment of any fee or other obligation required to be paid to the commission under the provisions of this act it should become impossible or impracticable in the opinion of the commission to conduct the horse race meeting for which such permit was issued, the commission at the request of such permit holder and upon proper showing shall return to such permit holder the sum of ten thousand dollars ($10,000.00) deposited by such permit holder in conformity with this act at the time of filing his application for a permit.
L.1940, c. 17, p. 77, s. 22.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-43 - Applications for racing dates; time for filing and action thereon; allotments; hearings; form of applications

5:5-43. Applications for racing dates; time for filing and action thereon; allotments; hearings; form of applications
All applications for dates for horse race meetings after the first year shall be filed with the commission prior to October 15 of each year and shall be acted upon by the commission at a meeting of the commission to be held not later than December 1 of the same year. At such meeting so held the commission shall act upon all applications filed with it prior to October 15 of such year and shall allot to the respective applicants, subject as hereinbefore and hereinafter stated, racing dates for the ensuing year. In making such allotment of racing dates, the commission shall endeavor to allot to each applicant, subject to the restrictions herein provided, the dates requested in the respective applications so filed by such applicant, after giving due consideration to all of the factors involved and the interests of such respective applicants and the public. Any applicant whose application has been filed prior to October 15 may be present in person or by agent or counsel and be heard by the commission with respect to such allotment or allotments at the meeting of the commission to be held prior to December 1 of the same year. In the event any such application is filed with the commission on or after October 15 of any year, the commission shall act upon the same at a meeting of the commission to be held not later than 60 days following the filing of such application; and any licensee or applicant may be present in person or by agent or counsel and be heard at such meeting of the commission with respect to such application or applications. The commission shall prescribe forms to be used in making such applications and all applications shall be made on the forms prescribed by the commission.
L.1940, c. 17, p. 78, s. 23. Amended by L.1949, c. 26, p. 85, s. 2; L.1972, c. 23, s. 2, eff. May 15, 1972.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-43.2 - Allotment of racing days.

5:5-43.2 Allotment of racing days.
3. Notwithstanding any other law to the contrary, the commission may allot racing dates for a period of not more than six calendar years.
L.2003,c.151,s.3.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-44 - Renewal of permit for horse race meeting; additional racing days

5:5-44. Renewal of permit for horse race meeting; additional racing days
a. In the event any person, partnership, association, corporation or public body corporate and politic is granted a permit under this act to conduct a race meeting pursuant to provisions thereof, such permit shall be renewed upon application of the permitholder yearly for the next succeeding 10 years, for the same dates allotted to such permitholder during the preceding year, where it is in the public interest to do so, or for such other dates, not exceeding 75 racing days in the aggregate for running racing and not exceeding 100 days in the aggregate for harness racing, as the commission shall designate; provided, however, that should any permitholder reject any or all of the days to which they are entitled, the commission may allot them, or any of them, among the remaining permitholders. Such allotment shall be on a basis which in the discretion of the commission appears most appropriate for the purpose of providing continuity of racing in the State; and provided, further, that such permitholder has not violated any of the provisions of this act.
b. In addition to the racing days aforesaid, the commission shall allot equally among the four running racing permitholders an additional 100 racing days. The commission may also allot among the harness racing permitholders an additional 200 days, in any proportion it deems fit where it is in the public interest to do so. For purposes of this section, the term public interest shall include the following factors: (1) Protecting the State's revenues from racing and generating additional revenues to the State, its agencies and subdivisions; (2) Providing for continuity of racing and year-round racing so as to promote the racing industry and maintain and enhance the employment which it provides in this State; (3) Providing a recreational opportunity for residents in the several areas of the State where licensed tracks are situate; (4) Maintaining and improving this State's competitive position with regard to neighboring racing states.
c. In the event any permitholder should reject any or all of the days to which they are entitled or which they are allotted by the commission, the commission may allot those days, or any of them, among the remaining permitholders. Such allotment shall be on a basis which in the discretion of the commission appears most appropriate for the purpose of providing continuity of racing in the State and where the commission finds such allotment to be in the public interest; and provided, further, that such permitholder has not violated any of the provisions of this act.
L.1940, c. 17, p. 79, s. 24. Amended by L.1941, c. 137, p. 462, s. 8; L.1952, c. 125, p. 469, s. 1; L.1962, c. 17, s. 1; L.1963, c. 35, s. 1, eff. May 13, 1963; L.1967, c. 66, s. 1, eff. May 23, 1967; L.1968, c. 65, s. 1, eff. June 18, 1968; L.1974, c. 149, s. 1, eff. Jan. 1, 1975; L.1975, c. 327, s. 1; L.1980, c. 25, s. 1.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-44.1 - Applicability of amendatory and supplemental act of 1963

5:5-44.1. Applicability of amendatory and supplemental act of 1963
The provisions of this amendatory and supplemental act shall be applicable to race meetings held in 1963. In order to effectuate the intent of this legislation that the commission should be authorized to allot the additional racing days for running racing herein authorized among the existing permit holders during the year 1963 and thereafter, the provisions of the act to which this act is a supplement relative to the time for filing applications for horse race meetings, and for commission action with respect to such applications, and such other provisions shall be inconsistent with the intent and purpose of this act shall be inoperative as to the allotment of such additional days during 1963.
L.1963, c. 35, s. 6, eff. May 13, 1963.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-44.2 - Charity racing days for the developmentally disabled

5:5-44.2. Charity racing days for the developmentally disabled
Each holder of a permit to hold or conduct horse race meetings shall, with the approval of the New Jersey Racing Commission, be allotted 3 racing days in addition to the days authorized by the New Jersey Racing Commission pursuant to P.L.1940, c. 17 (C. 5:5-22 et seq.); provided, however, that should any permit holder reject the additional days, the commission may allot them among the remaining permit holders, and provided further that the provisions of this section shall not apply where to do so would require the breach of an agreement entered into by the commission. Said additional days shall be known as "Charity Racing Days for the Developmentally Disabled."
L.1977, c. 200, s. 1, eff. Jan. 1, 1977. Amended by L.1983, c. 20, s. 1, eff. Jan. 21, 1983.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-44.3 - Distribution of State share

5:5-44.3. Distribution of State share
2. All moneys received by the commission, pursuant to section 46 of P.L.1940, c.17 (C.5:5-66), section 2 of P.L.1984, c.236 (C.5:5-66.1), section 5 of P.L.1982, c.201 (C.5:5-98), or section 7 of P.L.1971, c.137 (C.5:10-7), as its share of the total contributions to all parimutuel pools conducted or made on the additional racing days hereinbefore provided for shall be distributed to the organizations and in the amounts designated by the New Jersey State Developmental Disabilities Council, created pursuant to Executive Order Number 20 of 1971, as modified pursuant to Executive Order Number 49 of 1973 and Executive Order Number 42 of 1976, as hereinafter prescribed.
L.1977,c.200,s.2; amended 1983,c.20,s.2; 1993,c.353,s.1.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-44.4 - Determination of organizations to receive moneys by Council on Developmental Disabilities.

5:5-44.4 Determination of organizations to receive moneys by Council on Developmental Disabilities.
3. The New Jersey Council on Developmental Disabilities shall determine annually which organizations in New Jersey shall receive the moneys to be distributed pursuant to section 2 of P.L.1977, c.200 (C.5:5-44.3); provided, however, that such organizations shall be nonprofit organizations which expend funds for direct services in full-time programs to New Jersey residents with developmental disabilities, and provided further, however, that each such organization shall be affiliated with a national organization of the same type and purpose. As used herein, "developmental disability" means a disability which (1) is attributable to:
(a) an intellectual disability, cerebral palsy, epilepsy, or autism;
(b) any other condition found to be closely related to an intellectual disability because such condition results in impairment of general intellectual functioning or adaptive behavior similar to impairment resulting from an intellectual disability or which requires treatment and services similar to those required for an intellectual disability; or
(c) dyslexia resulting from a disability described in subparagraphs (a) and (b);
(2) originates before such person attains age 18;
(3) has continued or can be expected to continue indefinitely; and
(4) constitutes a substantial impediment to such person's ability to function in society.
L.1977, c.200, s.3; amended 2010, c.50, s.2; 2017, c.131, s.4.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-44.5 - Annual allocation of amounts to each eligible organization

5:5-44.5. Annual allocation of amounts to each eligible organization
The New Jersey State Developmental Disabilities Council shall allocate annually the amount each eligible organization shall receive. Such allocation shall be made in the following manner: one-half of the total amount available for distribution shall be distributed proportionally among the eligible organizations on the basis of the officially accepted incident rate of each type of disability in relation to the total number of developmentally-disabled residents of this State; and one-half shall be distributed proportionally among the eligible organizations on the basis of the number of developmentally-disabled residents of this State who are served by each organization in relation to the total number of developmentally-disabled residents of this State who are served by all such organizations.
L.1977, c. 200, s. 4, eff. Jan. 1, 1977.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-44.6 - Books and records; annual audit; access for examination

5:5-44.6. Books and records; annual audit; access for examination
The New Jersey State Developmental Disabilities Council shall keep books and records to clearly show the number of children and adults served by the organizations receiving moneys under the provisions of this act and shall submit no later than December 15 of each year said books and records to the Office of Fiscal Affairs for a complete audit by said office. The Office of Fiscal Affairs shall at all reasonable times have access to said books and records of the council for the purpose of examining and checking the same and ascertaining whether or not the bases prescribed in this supplemental act for the distribution of the moneys received pursuant to this supplemental act have been correctly applied. Any organization which has received more than the amount to which it is entitled shall refund the amount in excess, and said amount shall be distributed among the remaining eligible organizations in the manner prescribed in this supplemental act.
L.1977, c. 200, s. 5, eff. Jan. 1, 1977.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-44.8 - "Charity Racing Day for Backstretch Benevolency Programs," fund

5:5-44.8. "Charity Racing Day for Backstretch Benevolency Programs," fund
1. a. The New Jersey Racing Commission shall designate one of the racing days authorized each year to a holder of a permit to hold or conduct a horse race meeting pursuant to P.L.1940, c.17 (C.5:5-22 et seq.) as "Charity Racing Day for Backstretch Benevolency Programs" or shall allot to each such permit holder one additional racing day to be known as "Charity Racing Day for Backstretch Benevolency Programs."
b. All moneys received by the commission as its share of the total contributions to all parimutuel pools conducted or made on the racing day designated or allotted pursuant to subsection a. of this section shall be deposited in a separate fund to be known as the Backstretch Benevolency Programs Fund, which is hereby created in the Department of the Treasury. The moneys in the fund shall be appropriated exclusively to the commission to be used by it to fund programs which promote the health, safety, or welfare of backstretch employees. As used in this subsection, "backstretch employee" means any person employed at a racetrack as a stable hand, groom, walker or exerciser or in any similar position designated by the commission which involves the handling or care of horses.
L.1993,c.15,s.1.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-44.8a - Penalty deposited in Backstretch Fund

5:5-44.8a. Penalty deposited in Backstretch Fund
1. Notwithstanding the provisions of any other law to the contrary, whenever the New Jersey Racing Commission imposes a monetary penalty on any licensee for a violation of the provisions of P.L.1940, c.17 (C.5:5-22 et seq.), or any regulation promulgated thereunder, the penalty shall be deposited in the Backstretch Fund established pursuant to subsection b. of section 1 of P.L.1993, c.15 (C.5:5-44.8).
L.1995,c.15.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-44.9 - "Charity Racing Day for the Horse Park of New Jersey and for the Care of Retired Horses", designated

5:5-44.9 "Charity Racing Day for the Horse Park of New Jersey and for the Care of Retired Horses", designated
1. a. The New Jersey Racing Commission shall designate one of the racing days authorized each year to a holder of a permit to hold or conduct a horse race meeting pursuant to P.L.1940, c.17 (C.5:5-22 et seq.) as "Charity Racing Day for the Horse Park of New Jersey and for the Care of Retired Horses" or shall allot to each such permit holder one additional racing day to be known as "Charity Racing Day for the Horse Park of New Jersey and for the Care of Retired Horses."
b. All moneys received by the commission as its share of the total contributions to all parimutuel pools conducted or made on the racing day designated or allotted pursuant to subsection a. of this section shall be deposited in a separate fund to be known as the Horse Park of New Jersey and the Care of Retired Horses Fund, which is hereby created in the Department of the Treasury. Fifty percent of the moneys in the fund shall be appropriated to the Department of Agriculture to be used as a grant to the Horse Park of New Jersey, and 50% shall be appropriated to the Department of Agriculture for grants to organizations which care for retired racehorses.
L.1997,c.80,s.1.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-45 - Meetings on not more than certain number of tracks; conflict in dates

5:5-45. Meetings on not more than certain number of tracks; conflict in dates
Permits shall be granted by the commission to operate a running race meeting on not more than three tracks and harness race meetings on not more than four tracks. No person, partnership, association or corporation shall be granted a permit to operate a harness race meeting on any day or days for which a prior permit holder has been granted a permit to conduct a harness race meeting located within twenty-five miles of any track already licensed without the consent of such prior licensee.
L.1940, c. 17, p. 79, s. 25. Amended by L.1941, c. 137, p. 463, s. 9; L.1949, c. 26, p. 86, s. 3; L.1953, First Sp.Sess., c. 445, p. 2435, s. 1.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-46 - Notice of allotment of racing dates; acceptance; bond or deposit

5:5-46. Notice of allotment of racing dates; acceptance; bond or deposit
At the time of allotting any racing dates to any applicant, the commission shall notify such applicant of the dates allotted which notice shall be in writing and sent by registered mail addressed to such applicant at the address stated in his application, and shall be mailed on the date such allotment is so made. Each applicant so notified shall within 10 days after the mailing of such notice of allotment or within such period of time as the commission shall otherwise direct, comply with the following conditions:
(1) File with the commission an acceptance of such allotment in the form prescribed by the commission;
(2) Execute and deliver to it in case of running and harness races a bond, payable to the State of New Jersey, in such amount as the commission shall direct which shall be sufficient to secure payment to the commission of the amounts of contributions to parimutuel pools and breaks required to be paid to the commission every seventh day of every race meeting, with sufficient surety or sureties to be approved by the commission and conditioned for the payment of all sums due and payable as in this act provided and for the observance in all respects of the provisions of this act. In lieu of any such bond there may be delivered to the commission for deposit negotiable securities in such amount as the commission shall direct as security for said payments.
L.1940, c. 17, p. 79, s. 26. Amended by L.1941, c. 137, p. 463, s. 10; L.1971, c. 85, s. 2, eff. April 8, 1971.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-47.1 - Emergency permit

5:5-47.1. Emergency permit
In the event that any licensed race meeting cannot be held or completed at the time prescribed by the license for the holding thereof, because of the occurrence of an event beyond the permit holder's control, such as a fire, hurricane, tornado or other catastrophe, the permit holder shall be entitled to an emergency permit to hold or complete the said race meeting at any other available race track, upon such terms and conditions as shall be fixed by the New Jersey Racing Commission.
L.1952, c. 222, p. 758, s. 2.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-48 - Admission of spectators; fees; admission tax; free passes

5:5-48. Admission of spectators; fees; admission tax; free passes
Every permit that shall be granted for the holding of a horse race meeting shall be upon the express condition and agreement that no person shall be admitted as a spectator without the payment of an admission fee in such amount as the permit holder may determine but in no event less than the price to be from time to time established by the commission, plus an admission tax of $0.05 per person for every paid admission, and that no free passes shall be issued except to the commissioners, employees of the commission, employees of the permit holders engaged in and about the operation of the permit holder's track, the owners of horses actually racing, their actual employees, and duly accredited members of the press; should the permit holder desire to issue free passes for admission to a horse race meeting other than those herein specified it shall be done only upon the approval of the commission.
The permit holder shall, at the same times payments are made to the commission pursuant to section 46 (C. 5:5-66), pay to the State Treasurer for deposit in an account to be known as a Local Expense Fund, hereby created, amounts collected by reason of the collection of an admission tax imposed by ordinance adopted pursuant to this section, which receipts shall be distributed as shall be provided by law.
The admission tax authorized under this section shall not be imposed, charged or collected except pursuant to an ordinance adopted by the governing body of the municipality in which the race meeting is held or, if the said race meeting is held at a site comprising parts of two or more municipalities, by substantially similar ordinances adopted by the governing bodies of each such municipality. Such ordinance or ordinances shall set forth the intention of the municipality that the admission tax authorized under this section shall be imposed at every race meeting held in the municipality subsequent to the adoption thereof, and shall remain in effect until repealed by the governing body. An admission tax imposed pursuant to similar ordinances adopted by two or more governing bodies shall remain in effect until the said ordinances have been repealed by all of them.
L.1940, c. 17, p. 81, s. 28. Amended by L.1974, c. 181, s. 2, eff. Dec. 16, 1974.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-48.1 - Local expense fund; distribution

5:5-48.1. Local expense fund; distribution
Moneys deposited in the local expense fund created pursuant to section 28 of P.L.1940, c. 17 (C. 5:5-48) as amended by section 2 of P.L.1974, c. 181 shall be held for distribution to those municipalities at or in reasonable proximity to the site of race meetings, and which, in the determination of the commission, have incurred expenses as a result of said meetings, in accordance with the following:
a. The commission shall notify said municipalities of their eligibility for a share of said moneys;
b. Thereupon, said municipalities may submit claims setting forth the nature of the services performed and the amount expended for said services;
c. The commission shall evaluate and determine the validity of the claims based upon reasonable increases to said municipalities in police, fire and court costs, and the costs of other municipal services;
d. The commission shall distribute the moneys deposited in the fund to each municipality to the extent said moneys are available, and if not, then in the proportion that the valid claim bears to the total valid claims so submitted; and
e. Distributions shall be made to a municipality at or in reasonable proximity to the site of a race meeting from only those moneys deposited in the fund by the racing permit holders conducting the race meeting.
Distribution of moneys in the fund shall be subject to the approval of the State Treasurer.
Moneys undistributed in any year shall remain in the fund which shall continue from year to year.
L.1977, c. 313, s. 1, eff. Jan. 6, 1978.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-49 - Running race permitholder; one race per day limited to registered New Jersey bred foals

5:5-49. Running race permitholder; one race per day limited to registered New Jersey bred foals
Every running race permitholder shall program to run at least one race per day which shall be limited to registered New Jersey bred foals. These races shall provide opportunities for all classes of horses to participate and shall carry a purse 25% higher than corresponding open races. If in the opinion of the commission sufficient competition cannot be had among such class of horses, said race may be eliminated for said day and a substitute race provided instead.
L.1940, c. 17, p. 81, s. 29. Amended by L.1981, c. 118, s. 1, eff. April 9, 1981.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-50 - Permit and compliance with statute as condition precedent to horse race meeting

5:5-50. Permit and compliance with statute as condition precedent to horse race meeting
No person, partnership, association or corporation shall hold or conduct, or assist, aid or abet in holding or conducting any meeting within the State of New Jersey whereat horse race meetings shall be permitted for any stake, purse or reward whereat pari-mutuel betting is licensed, except and unless such person, partnership, association or corporation shall first comply with the provisions of this act and be granted a permit by the commission to conduct a horse race meeting as provided by this act.
L.1940, c. 17, p. 81, s. 30.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-51 - Races or meetings subject to rules, regulations and conditions; revocation or refusal of permits and licenses; notice; hearing

5:5-51. Races or meetings subject to rules, regulations and conditions; revocation or refusal of permits and licenses; notice; hearing
All horse races or horse race meetings conducted under any such permit and all licenses issued shall be subject to the rules, regulations and conditions from time to time prescribed by the commission, and every permit to conduct a horse race meeting and all licenses issued by the commission shall contain such recital as a condition therein and shall be revocable by the commission for any violation thereof or of any of the provisions of this act. The commission shall forthwith, after it has refused or revoked any such permit or license or taken such other action, give notice thereof to the party against whom any such action has been taken, in writing, addressed to the party or parties affected, at its or their addresses as stated in the last application filed with the commission. In case any permit or license is revoked by the commission or in case any applicant is aggrieved at the action of the commission, the party or parties affected by said revocation or action shall be entitled to a hearing in the manner hereinafter provided.
L.1940, c. 17, p. 82, s. 31.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-52 - Hearing on revocation or refusal of permits or licenses; when revocation or suspension effective

5:5-52. Hearing on revocation or refusal of permits or licenses; when revocation or suspension effective
Such person feeling aggrieved may within three days after service of such notice of the action of the commission request a hearing by petition in writing, which hearing shall be held within four days after such petition has been served upon the chairman or secretary of the commission. In case of a revocation of a permit for a horse race meeting, it shall not be deemed to be in effect until after such hearing shall have taken place and the commission shall have affirmed its order of revocation; provided, however, a license of any pari-mutuel employee and all horse owners, riders, agents, trainers, stewards, timers, judges, grooms, and others, acting in any capacity in connection with the training of the horses or the actual running of the horse races in any such horse race meeting may be suspended pending such hearing by one or more of the members of the commission for violation of any provision of this act or of any rule or regulation of the commission.
L.1940, c. 17, p. 82, s. 32.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-53 - Place of hearing; service of notice; continuance; evidence; record of case; counsel

5:5-53. Place of hearing; service of notice; continuance; evidence; record of case; counsel
Such hearing by the commission shall be held at such place in the State of New Jersey as the commission may designate, and any notice herein provided for shall be served by mailing the same postage prepaid by registered mail to the party or parties affected. Any such notice so mailed shall be deemed to have been served on the secular day next following the date of said mailing. The commission may continue such hearing from time to time for the convenience of all parties or for a more thorough investigation and in conducting such hearing shall not be bound by technical rules of evidence, but all evidence offered before the commission shall be reduced to writing and shall, with the petition and exhibits, if any, and the findings of the commission, be permanently preserved, and shall constitute the record of the commission in such case. Any of the parties affected by such hearing may be represented by counsel and shall have the right to introduce evidence.
L.1940, c. 17, p. 83, s. 33.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-54 - Oaths and witnesses; subpenas; misconduct, failure to attend or produce records

5:5-54. Oaths and witnesses; subpenas; misconduct, failure to attend or produce records
34. Each member of the commission and the executive director shall have power to administer oaths and examine witnesses, and shall have the power to issue subpenas 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 subpenas shall be authenticated by the seal of the commission, and any party to a proceeding before the commission may secure from it subpenas without charge. Misconduct on the part of a person attending a hearing or the failure of a witness when duly subpenaed 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.
L.1940,c.17,s.34; amended 1953, c.6, s.8; 1974, c.181, s.6; 1991,c.91,s.184.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-55 - Reference to executive director or member of commission to take testimony and report

5:5-55. Reference to executive director or member of commission to take testimony and report
The commission may, as occasion shall require, by order, refer to the executive director or to one or more of its members the duty of taking testimony in a matter pending before it, and to report thereon to the commission, but no determination shall be made therein except by the commission.
L.1940, c. 17, p. 83, s. 35. Amended by L.1974, c. 181, s. 7, eff. Dec. 16, 1974.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-56 - Fees for attendance of witnesses

5:5-56. Fees for attendance of witnesses
The fees for the attendance of witnesses shall be the same as for the attendance of witnesses in other civil cases and shall be paid by such aggrieved party.
L.1940, c. 17, p. 84, s. 36.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-57 - False testimony as perjury

5:5-57. False testimony as perjury
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.
L.1940, c. 17, p. 84, s. 37.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-58 - Depositions of witnesses

5:5-58. Depositions of witnesses
The commission, or any member thereof, or any applicant, may in connection with any hearing before the commission cause the deposition of witnesses within or without the State to be taken on oral or written interrogatories in the manner prescribed by statute for depositions in suits at law in the courts of record in this State.
L.1940, c. 17, p. 84, s. 38.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-59 - Findings

5:5-59. Findings
At the conclusion of such hearing the commission shall within thirty days make its findings (such findings to be the basis of the revocation of the permit or other action taken by the commission).
L.1940, c. 17, p. 84, s. 39.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-60 - Review

5:5-60. Review
The action of the commission 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, p. 84, s. 40. Amended by L.1953, c. 6, p. 60, s. 9.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-61 - Costs and expense of commission at hearing or investigation; bond for costs

5:5-61. Costs and expense of commission at hearing or investigation; bond for costs
The actual costs and expense of the commission incurred in connection with any such hearing or investigation shall be paid by the applicant upon the commission's delivering to the applicant a statement thereof. The commission, in its discretion, may require the applicant, before he shall be entitled to a hearing as hereinbefore provided, to give a surety bond or other satisfactory assurance that such applicant will pay all costs of such hearing.
L.1940, c. 17, p. 84, s. 41.
2023 New Jersey Revised Statutes › Title 5 - Amusements, Public Exhibitions and Meetings › Section 5:5-62 - Places for wagering

5:5-62. Places for wagering
42. A permit holder may provide a place or places in the race meeting grounds or enclosure at which such holder of a permit may conduct and supervise the parimutuel system of wagering by patrons on the results of the horse races conducted by such permit holder at a horse race meeting, on the results of simulcast horse races as provided by the "Simulcasting Racing Act," P.L.1985, c.269 (C.5:5-110 et seq.), or on the results of simulcast horse races as provided by section 37 of P.L.1992, c.19 (C.5:5-125), and such parimutuel system of wagering upon the results of such horse races shall not under any circumstances, if conducted under the provisions of this act and in conformity thereto, be held or construed to be unlawful, other statutes of the State of New Jersey to the contrary notwithstanding. Such place or places so provided in conformity with this section shall be equipped with such automatic ticket issuing and vending machines and with adding machine equipment capable of accurate and speedy determination of the amount of money in each pool and on each horse and the amount of award or dividend to winning patrons and displaying the same to the patrons. Such machine shall further be equipped with automatic or hand operated machinery suitable for displaying on the mutuel board across the track, in plain view of the public, the total amount of sales on each and every race and the amount of award or dividend to winning patrons.
L.1940,c.17,s.42; amended 1983,c.340,s.11; 1985,c.269,s.13; 1992,c.19,s.39.