New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74C - EXCHANGE WAGERING › Subchapter 3 - TRANSFER OR ASSIGNMENT OF EXCHANGE WAGERING LICENSE TO A SUCCESSOR IN INTEREST; OPERATION OF EXCHANGE WAGERING SYSTEM BY PERSON OR ENTITY OTHER THAN THE EXCHANGE WAGERING LICENSEE; IN-STATE REQUIREMENT FOR EXCHANGE WAGERING SYSTEM COMPONENTS; REGULATORY COSTS; EXCHANGE WAGERING SYSTEM REVENUE DISTRIBUTION › Section 13:74C-3.3 - In-State requirement for exchange wagering administrative offices and components of exchange wagering system; waiver criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The exchange wagering licensee, and any
				person or entity approved by the Commission as an exchange management agent or
				exchange services agent, shall each maintain an office or offices in this
				State, which office may comprise a single location. The Commission shall have
				unrestricted access to such premise or premises at all times. All business
				activities and functions related to the exchange wagering system, including the
				performance of job responsibilities incident to the exchange wagering system,
				the maintenance and keeping of all records related to the exchange wagering
				system, and all hardware or software components necessary for the operation of
				the exchange wagering system, shall be conducted and situated at such in-State
				location or locations. However, the exchange wagering licensee, or the exchange
				wagering licensee and any exchange management agent or exchange services agent,
				may, respectively, file a written petition or written joint petition with the
				Commission to waive the requirement that all such exchange wagering business
				activities and functions be conducted and situated in-State. The Commission
				shall grant such a waiver, as to a particular business activity and function
				related to the exchange wagering system, where the Commission determines that
				the petitioner has established, by clear and convincing evidence, that:
1. The business activity and function
				proposed to be conducted outside this State may be conducted at such location
				consistent with the law in all respects;
2. The business activity and function
				proposed to be conducted outside this State will not prevent or negatively
				implicate the ability of wagers placed through the proposed exchange wagering
				system to be accurately processed;
3. The business activity and function
				proposed to be conducted outside this State is not inconsistent with
				maintaining the integrity of the horse racing industry in this State;
4. The business activity and function
				proposed to be conducted outside this State will not unreasonably negatively
				impact employment opportunities in this State;
5. The business activity and function
				proposed to be conducted outside this State may be monitored and reviewed by
				the Commission, by electronic or other means from an in-State location selected
				by the Commission, to the satisfaction of the Commission; and
6. The business activity and function
				proposed to be conducted out-of-State shall not be inconsistent with the
				Commission's ability to readily investigate any related aspect of the exchange
				wagering system.