New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 65 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Subchapter 1 - GENERAL PROVISIONS › Section 19:65-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
As used in this chapter, the following words and terms shall have the following meanings unless a different meaning clearly appears from the context.
"Acquisition value" means the value at a time within a reasonable period of time prior to the approval of the project in accordance with N.J.A.C. 19:65-2.4(b) as determined by an appraisal of such property in form and substance acceptable to the Authority undertaken on a fair market value basis by an appraiser appointed by the Authority.
"Act" means P.L. 1984, c.218, as amended and supplemented, and as the same may be further amended or supplemented from time to time.
"Applicant" means any person, entity, licensee, prospective licensee, government, governmental agency, authority, or instrumentality, municipality or political subdivision of the State permitted under the provisions of the Act or these rules to apply for review and approval and/or a determination of eligibility of or with respect to a project by the Authority under the Act and these rules.
"Application" means a fully completed and signed application submitted pursuant to the provisions of N.J.A.C. 19:65-2.3 in such form or forms as may be prescribed from time to time by the Authority.
"Approved project" means a project which satisfies the provisions of the Act and these rules and is approved by the Authority.
"Appurtenant facilities" shall mean facilities which are necessary or convenient to facilities with units for overnight visitors, including, but not limited to, parking facilities and recreational and park facilities to the extent reasonably commensurate in size for use by the overnight visitors of such units. In no event shall appurtenant facilities include casino space or facilities related thereto.
Atlantic City Expansion Fund means the fund created by section 5 of P.L. 2004, c. 129 (5:12-173.2 2(a)).
"Authority" means the Casino Reinvestment Development Authority.
"Bonds" means bonds, notes or evidences of Authority debt issued to licensees pursuant to 5:12-162 ( section 14 of P.L. 1984, c.218).
Casino Capital Construction Fund means the fund created by section 13 of P.L. 2003, c. 116 (5:12-173.2 2).
"Contract" means a written contract between the Authority and a Licensee to purchase Bonds pursuant to N.J.A.C. 19:65-3.
"Corridor Region" shall mean and include:
1. The area bounded as follows:
i. Having as its southern boundary the Boardwalk between Texas Avenue and the point of intersection between the Boardwalk and an imaginary line extending southerly from the Southeasternmost point of Mt. Vernon Avenue (hereinafter "Mt. Vernon/Boardwalk Intersection");
ii. Having as its eastern boundary a line running north from the Mt. Vernon/Boardwalk Intersection to the Southeasternmost point of Mt. Vernon Avenue and continuing along Mt. Vernon Avenue north to Arctic Avenue and thence easterly to the point of intersection of Arctic Avenue with Bacharach Boulevard;
iii. Having as its northeastern border Bacharach Boulevard from Arctic Avenue and extended to Beach Thorofare;
iv. Having as its northwestern border the southern side of Beach Thorofare from the intersection of the southern side of Beach Thorofare with Bacharach Boulevard, so extended, to Texas Avenue;
v. Having as its western border Texas Avenue from Beach Thorofare to the Boardwalk; and
2. The following additional areas:
i. Albany Avenue (U.S. Route 40) from Beach Thorofare to the Boardwalk;
ii. The Atlantic City Expressway from the Pleasantville Toll Plaza to Arkansas and Missouri Avenues;
iii. Absecon Boulevard (U.S. Route 30) from Beach Thorofare to Delaware Avenue;
iv. Delaware Avenue to Pacific Avenue;
v. Arctic Avenue from Delaware Avenue westerly to Bacharach Boulevard;
vi. Boardwalk from Albany Avenue (U.S. Route 40) easterly to Caspian Avenue;
vii. Brigantine Boulevard (State Route 87) to the Brigantine Bridge including the inlet shoreline between Clam Thorofare and Huron Avenue;
viii. The area bounded by Texas Avenue, Atlantic Avenue, Albany Avenue and the Boardwalk;
ix. The area bounded by Mt. Vernon Avenue, Atlantic Avenue, New Jersey Avenue and the Boardwalk;
x. Route 30 Absecon Boulevard/Melrose Avenue easterly from Virginia Avenue to Connecticut Avenue;
xi. Point beginning at the intersection of Melrose Avenue and Connecticut Avenue south on Connecticut Avenue to the north side of Oriental Avenue;
xii. Point beginning at the intersection of Atlantic Avenue and Massachusetts Avenue south on Massachusetts Avenue to the north side of Oriental Avenue;
xiii. Point beginning at the intersection of Atlantic Avenue and Connecticut Avenue east on Atlantic Avenue to Massachusetts Avenue; and
xiv. Point beginning at the intersection of Pacific Avenue and Connecticut Avenue east on Pacific Avenue to Massachusetts Avenue.
References to the Boardwalk and to the various streets named in this definition are to be interpreted so as to include the entirety of the Boardwalk and the streets, together with rights-of-way associated therewith and any real estate parcels in proximity thereto as may be necessary and reasonable to include in order to accomplish projects within the general area. The geographic boundaries of the Corridor Region as defined herein are set forth on a map on file with the Authority and the Office of Administrative Law, incorporated herein by reference.
"Cost" or "costs" means, with respect to an approved project, the reasonable costs, as determined by the sole discretion of the Authority, incurred in the development, construction, improvement or rehabilitation of such project, which costs shall include, but are not necessarily limited to, the following:
1. Costs of land (except in connection with those hotel development projects approved after September 16, 1996), costs of site preparation, development and demolition;
2. Costs of appurtenant facilities, provided, however, notwithstanding that appurtenant facilities are part of an eligible hotel development project, with respect to hotel development projects approved following September 16, 1996, eligible costs for such appurtenant facilities shall be limited to costs of those facilities which are necessary to a hotel development project and parking facilities to the extent reasonably commensurate in size for use by overnight visitors utilizing the units in the hotel development project and shall exclude costs for recreation and park facilities.
3. Costs of development, construction, improvement and rehabilitation of facilities, including equipment, and of the acquisition of equipment related thereto;
4. Cost of necessary studies, surveys, plans and permits, including the fees payable in connection with architectural, engineering, legal, accounting and other services incurred in connection therewith;
5. Costs of interest incurred during construction and for a reasonable period thereafter prior to the receipt of a certificate of occupancy of the project; and
6. Cost of working capital and operating deficits.
"Determination of eligibility" means a determination by the Authority that the applicant's project is an approved project.
"Equivalent investment" means an investment by a licensee in the form of an input of sufficient amounts from any source to provide for the payment of the costs and, if applicable, acquisition value of an approved project.
"Executive Director" means the Executive Director of the Authority.
"Hotel development project" shall mean the construction of a facility in the City of Atlantic City to provide at least 200 units for overnight visitors or the reconstruction or rehabilitation of at least 200 units for overnight visitors (together with ancillary reconstruction or rehabilitation) of an existing facility in the City of Atlantic City, which are operated as part of a licensed facility of the licensee or in a facility otherwise approved by the Authority, and the construction, reconstruction or rehabilitation of appurtenant facilities.
"Initial contract" means the first contract entered into between the Authority and any licensee.
"Licensee" means the holder of a current and valid casino license issued by the New Jersey Casino Control Commission.
"Neighborhood Strategy Areas" means areas within a municipality designated from time to time by the Authority by resolution.
"Parking proceeds" shall mean proceeds from fees collected pursuant to 5:12-173.3 ( section 3 of P.L. 1993, c.159) which are paid by the State Treasurer, pursuant to 5:12-173.4 ( section 4 of P.L. 1993, c.159), into a special fund established and held by the State Treasurer and made available for the exclusive use of the Authority and any other income credited exclusively to the special fund.
"Parking proceeds bonds" shall mean bonds, notes or other evidence of indebtedness issued pursuant to 5:12-173.6 ( section 6 of P.L. 1993, c.159) and shall not include, or be included as, bonds issued to licensees pursuant to 5:12-162 ( section 14 of P.L. 1984, c.218).
"Participant" means any person, entity, government, governmental agency, authority, or instrumentality, municipality, political subdivision of the State, licensee, or prospective licensee participating or involved in any aspect of a project.
"Project" means any undertaking made to meet the purposes set forth in the Act, which include the following:
1. To provide, further and promote tourist industries in New Jersey and especially Atlantic County, by providing financial assistance for the planning, acquisition, construction, improvement, maintenance and operation of facilities for the recreation and entertainment of the public which may include an arts center, cultural center, historic site or landmark, or sports center;
2. To provide loans and other financial assistance for the planning, acquisition, construction, reconstruction, demolition, rehabilitation, conversion, repair or alteration of buildings or facilities to provide decent, safe and sanitary dwelling units for persons of low, moderate, median range, and middle income in need of housing, and to provide mortgage financing for such units;
3. To assist in the financing of structures, franchises, equipment and facilities for operation of, expansion of and the development of public transportation or for terminal purposes, including but not limited to development and improvement of port terminal structures, facilities and equipment for public use;
4. To provide loans and other financial assistance for the construction, reconstruction, demolition, conversion, repair or alteration of convention halls in Atlantic County and the State of New Jersey, including but not limited to office facilities, commercial facilities, community service facilities, parking facilities, hotel facilities and other facilities for the accommodation and entertainment of tourists and visitors;
5. To make loans and assist in the financing of the construction, reconstruction, rehabilitation, repair or acquisition of infrastructure projects, including but not limited to sewage disposal facilities, water facilities, solid waste disposal facilities, roads, highways and bridges;
6. To assist in financing buildings, structures and other property to increase opportunities in manufacturing, industrial, commercial, recreational, retail and service enterprises in the State so as to induce and to accelerate opportunity for employment in these enterprises, particularly of unemployed and underemployed residents of the jurisdiction in which the investment is to be made;
7. To provide loans and other financial assistance for the planning, developing or preservation of new and existing small businesses as well as the planning, acquisition, construction, reconstruction, rehabilitation, conversion or alteration of the facilities that house these enterprises, particularly those which provide services or employment to unemployed or underemployed residents of the State;
8. To provide loans and other financial assistance to provide employment training and retraining, particularly for unemployed and underemployed residents of the State; and
9. To encourage investment in, or financing of, any plan, project, facility, or program which directly serves pressing social and economic needs of the residents of the jurisdiction or region in which the investment is to be made, including but not limited to schools, supermarkets, commercial establishments, day care centers, parks and community service centers, and any other plan, project, facility or program which best serves the interest of the public as determined by the Authority.
"Prospective licensee" means a person who has applied for a license issued by the New Jersey Casino Control Commission to operate a casino.
"State" means the State of New Jersey.
"SBMWE Development Authority" means the New Jersey Development Authority for Small Business, Minorities and Women's Enterprises.