reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69B - HEARINGS › Subchapter 2 - CONDUCT OF CONTESTED CASES › Section 13:69B-2.12 - Motions for reconsideration; motions to reopen the record; motions for relief; dispositive motions; protective orders

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any party
				may, within 10 days after the service of a final Division order, file a motion
				for reconsideration which motion may seek to reopen the record. The motion
				shall be in writing and shall state the grounds upon which relief is sought.
				The Division may grant such motion, under such terms and conditions as the
				Division may deem appropriate, when the Division finds just cause for
				reconsideration of the order based upon legal, policy or factual argument
				advanced by the movant or raised by the Division on its own motion.
(b) Any party may, within one year after the
				service of a final Division order, file a motion to reopen the record based
				upon newly discovered evidence. The motion shall be supported by an affidavit
				of the moving party or counsel showing with particularity the materiality and
				necessity of the additional evidence and the reason why such evidence was not
				presented at the original hearing or on a motion for reconsideration pursuant
				to (a) above. The Division may grant such motion upon a showing that the newly
				discovered evidence is material and necessary, that sufficient reason existed
				for failure to present such evidence and that the evidence is reasonably likely
				to change the final decision of the Division. Upon reconsideration, the
				Division may modify its decision and order as the additional evidence may
				warrant.
(c) Any party may, within
				one year of the service of a final Division order, file a motion for relief
				from such an order. The motion shall be in writing and shall state the grounds
				upon which relief is sought. The Division may grant such motion and vacate or
				modify the order, reopen the record, or grant a hearing pursuant to
				5:12-107, upon a showing of the
				following:
1. Mistake, inadvertence, surprise
				or excusable neglect;
2. Fraud,
				misrepresentation or other misconduct of an adverse party; or
3. Any other reason consistent with the
				public policy of the Act and in the interests of justice.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69B - HEARINGS › Subchapter 2 - CONDUCT OF CONTESTED CASES › Section 13:69B-2.13 - Appeal from Division decision

Current through Register Vol. 56, No. 14, July 15, 2024
Within 20 days from the issuance of a Division decision by
				  the Director or a hearing examiner appointed by the Director, a party may
				  appeal the decision, upon notice to the Division, to the Casino Control
				  Commission which may review and decide any appeal of a final Division decision
				  pursuant to N.J.S.A. 5:12-63b.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69B - HEARINGS › Subchapter 3 - EMERGENCY RELIEF › Section 13:69B-3.2 - Orders granting emergency relief; form; service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An order
				suspending a license or registration shall be effective from the date of
				Division action or within such additional time as the Division may, upon a
				showing of good cause, permit.
(b)
				An order temporarily prohibiting business between a casino service industry or
				vendor registrant and casino licensees or applicants, or any agent or employee
				thereof, shall become effective 15 days from the date of Division action unless
				the Division extends the time period for good cause shown.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69B - HEARINGS › Subchapter 3 - EMERGENCY RELIEF › Section 13:69B-3.3 - Emergency orders; hearings; complaints

Current through Register Vol. 56, No. 14, July 15, 2024
Within five days after issuance of an emergency order
				  pursuant to section 109 of the Act, the Division shall cause a complaint to be
				  filed and served upon the person involved in accordance with the provisions of
				  the Act and the rules of the Division. Thereafter, the person against whom the
				  emergency order has been issued and served shall be entitled to request a
				  hearing before the Division.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69B - HEARINGS › Subchapter 4 - PRELIMINARY EXCLUSION HEARINGS › Section 13:69B-4.1 - Preliminary placement on the exclusion list

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In
				accordance with the provisions of N.J.A.C. 13:69G-1.5A, the Division may
				preliminarily place a candidate on the exclusion list pending completion of the
				plenary hearing for exclusion.
(b)
				Unless otherwise ordered by the Division, a plenary hearing on the exclusion
				shall be initiated within 30 days after the receipt of a request for a plenary
				hearing or the date of the preliminary placement on the list, whichever is
				later.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69B - HEARINGS › Subchapter 4 - PRELIMINARY EXCLUSION HEARINGS › Section 13:69B-4.2 - Preliminary exclusion; burden of proof; service of order

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An action
				for preliminary exclusion shall be a limited pre-exclusion proceeding. The
				purpose of such action is to determine if there is a reasonable possibility
				that a candidate satisfies the criteria for exclusion established by section 71
				of the Act and
				13:69G-1.3.
(b) Preliminary exclusion shall be decided on
				the basis of the reliable documentary or other supporting evidence.
(c) A preliminary order of the Division
				designating a candidate as an excluded person shall, within five days of its
				entry, be served upon the candidate and all casino licensees.
(d) A Division order denying an application
				for preliminary placement of a candidate on the list shall be served upon the
				candidate.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69B - HEARINGS › Subchapter 6 - INVESTIGATIVE HEARINGS › Section 13:69B-6.1 - Investigative hearings

Current through Register Vol. 56, No. 14, July 15, 2024
Pursuant to
				  5:12-66 and 76, the Division may
				  conduct investigative hearings concerning the conduct of gaming and gaming
				  operations, the operation and administration of casino control laws in this and
				  in other jurisdictions, and any other matters within the scope of the powers,
				  duties and responsibilities of the Division.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69B - HEARINGS › Subchapter 8 - ADMINISTRATIVE REVIEW OF UNPAID FEES AND CIVIL PENALTIES › Section 13:69B-8.1 - Commencement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Division may, on its motion, administratively review the failure to pay any
				civil penalty where cause exists to question whether all required fees or civil
				penalties have been paid.
(b) The
				Division shall initiate the administrative review by notifying any person who
				apparently has failed to pay a required fee or civil penalty that the Division
				may impose the sanctions set forth in
				13:69A-9.3(f) 
				unless the person requests that an administrative review conference be
				scheduled by the Division.
(c) If
				any person notified pursuant to (b) above that they have failed to pay a
				required fee or civil penalty fails within 20 days to either pay the
				outstanding amount due or to request that the Division schedule an
				administrative review conference, the Division may impose the sanctions set
				forth in 13:69A-9.3(f) 
				without further notice or opportunity to be heard.
(d) If a person notified pursuant to (b)
				above requests an administrative review conference, the notice scheduling an
				administrative review conference shall be served by regular or certified mail,
				return receipt requested. The notice shall specify a date for the conference
				that is not earlier than 15 days after the date the notice is served and shall
				schedule a date subsequent to the date of the conference on which the Division
				shall take further action pursuant to
				13:69A-9.3(f).
(e) Notwithstanding any other provision of
				this subchapter, the question of an outstanding fee or civil penalty may be
				consolidated with a contested case matter and scheduled for a hearing pursuant
				to N.J.A.C. 13:69B-2.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69B - HEARINGS › Subchapter 8 - ADMINISTRATIVE REVIEW OF UNPAID FEES AND CIVIL PENALTIES › Section 13:69B-8.2 - Repayment plans

Current through Register Vol. 56, No. 14, July 15, 2024
If, at any time after the administrative review is
				  initiated, the person admits the debt but reasonably demonstrates that it
				  cannot immediately pay in full, then the Division may structure a repayment
				  schedule consistent with the ability to pay. If the person agrees to the terms
				  of the repayment schedule, further action in the administrative review shall be
				  postponed in order to afford the person the opportunity to satisfy the terms of
				  the repayment agreement. If a default occurs under a repayment agreement, the
				  administrative review shall be reinstituted; provided, however, that no further
				  repayment plan shall be allowed unless the debtor demonstrates that
				  extraordinary circumstances exist. The administrative review shall cease and
				  the matter shall be closed once the Division is satisfied that the person has
				  fully complied with the terms of the repayment agreement.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69B - HEARINGS › Subchapter 8 - ADMINISTRATIVE REVIEW OF UNPAID FEES AND CIVIL PENALTIES › Section 13:69B-8.3 - Administrative review conference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				administrative review conference is an informal proceeding designed to
				facilitate a fair, expeditious and orderly disposition of the Division's
				administrative review of unpaid fees and civil penalties. Any person that is
				notified to attend such a conference is required to appear and may be
				represented by counsel. If the person so notified is a corporation, it may
				appear without counsel provided it does so through one of its
				principals.
(b) Attendance at a
				scheduled administrative review conference is mandatory. The failure to attend
				such a conference shall constitute cause to dismiss immediately all
				applications, or suspend all licenses, registrations or permissions held,
				submitted by or granted to the person served with notice pursuant to
				13:69B-8.1.
(c) During the administrative review
				conference, the person required to attend the conference may present any
				information that would demonstrate that all required payments have been made.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69B - HEARINGS › Subchapter 8 - ADMINISTRATIVE REVIEW OF UNPAID FEES AND CIVIL PENALTIES › Section 13:69B-8.4 - Disposition of fee matters and civil penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If, after
				the administrative review is initiated, the Division determines that no debt is
				owed, or the debtor pays the debt in full, the matter shall be
				closed.
(b) Any issues concerning a
				debt that are not resolved by an administrative review conference shall either
				proceed to a hearing before the Division on the date specified in a notice
				served pursuant to
				13:69B-8.1(c)  or
				be consolidated with a contested case, unless, prior to the Division hearing
				the matter, the debt is paid in full or a repayment plan is accepted by the
				Division.
(c) At any hearing held
				pursuant to this section or pursuant to N.J.A.C. 13:69B-2, the Division may
				impose the applicable sanctions set forth in
				13:69A-9.3(f)  on
				any person who has failed to pay all required fees or civil penalties owed by
				that person.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69B - HEARINGS › Subchapter 8 - ADMINISTRATIVE REVIEW OF UNPAID FEES AND CIVIL PENALTIES › Section 13:69B-8.5 - Restoration upon payment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon
				payment of any outstanding fee or civil penalty, the Division shall reinstate
				any license, registration or permission administratively suspended by the
				Division pursuant to
				13:69A-9.3(f), or
				rescind any administrative order prohibiting employment or the conduct of
				business entered pursuant to
				13:69A-9.3(f).
(b) Any application that has been
				administratively dismissed shall be reactivated if, within 45 days of the
				dismissal, all outstanding amounts are paid. If full payment is received after
				the expiration of this 45-day period, the following application requirements
				shall apply:
1. If the dismissed application
				requested the issuance of a license or registration, a new application shall be
				filed, including the payment of the appropriate fee set forth in N.J.A.C.
				13:69A-9; or
2. If the dismissed
				filing related to a vendor or junket registration filing, business may be
				conducted with casino licensees and applicants upon the filing of a Vendor
				Registration Form or a Junket Enterprise Registration, as appropriate, in
				accordance with
				13:69C-10.4.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69C - CASINO LICENSEES › Subchapter 1 - GENERAL PROVISIONS › Section 13:69C-1.1 - Applicability of rules to noncorporate entities

Current through Register Vol. 56, No. 14, July 15, 2024
The rules set forth in this chapter shall apply to the
				  extent appropriate with the same force and effect with regard to casino license
				  applicants and casino licensees that have a legal existence other than
				  corporate, and all noncorporate entities shall comply with all relevant
				  requirements applicable to corporate entities.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69C - CASINO LICENSEES › Subchapter 1 - GENERAL PROVISIONS › Section 13:69C-1.2 - Casino operation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It is the
				policy of the Division to require that all establishments wherein gaming is
				conducted in this State be operated in a manner suitable to protect the public
				health, safety, morals, good order and general welfare of the State of New
				Jersey.
(b) Responsibility for the
				implementation and maintenance of a suitable manner of operation rests with the
				licensee, and willful or persistent use or toleration of manners of operation
				deemed unsuitable will constitute grounds for license revocation or other
				disciplinary action.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69C - CASINO LICENSEES › Subchapter 1 - GENERAL PROVISIONS › Section 13:69C-1.3 - Grounds for disciplinary action

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Division deems any activity on the part of any licensee, its agents or
				employees, that is inimical to the public health, safety, morals, good order
				and general welfare of the State of New Jersey, or that would reflect or tend
				to reflect discredit upon the State of New Jersey or the gaming industry, to be
				an unsuitable manner of operation and shall be grounds for disciplinary action
				by the Division in accordance with the Casino Control Act and the rules of the
				Division and the Commission. Without limiting the generality of the foregoing,
				the following acts or omissions may be determined to be unsuitable manners of
				operation:
1. Failure to exercise discretion
				and sound judgment to prevent incidents which might reflect on the reputation
				of the State of New Jersey and act as a detriment to the industry;
2. Failure to comply with or make provision
				for compliance with all Federal, State and local laws and regulations
				pertaining to the operations of a licensed establishment; or
3. Failure to abide by a provision or policy
				of the Act or any of the rules promulgated thereunder.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69C - CASINO LICENSEES › Subchapter 2 - PERSONS REQUIRED TO BE LICENSED OR QUALIFIED › Section 13:69C-2.1 - Persons required to be licensed

Current through Register Vol. 56, No. 14, July 15, 2024
No person shall own or operate a casino unless a casino
				  license shall have first been issued to every person eligible and required to
				  apply for a casino license pursuant to the provisions of
				  5:12-82.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69C - CASINO LICENSEES › Subchapter 2 - PERSONS REQUIRED TO BE LICENSED OR QUALIFIED › Section 13:69C-2.2 - Persons required to be qualified

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				otherwise provided in
				13:69C-2.7, no casino license
				shall be issued or remain in full force and effect unless the individual
				qualifications of every person required by the Act and the Director to qualify
				as part of the application for the issuance or retention of the casino license
				shall have been established in accordance with all relevant standards set forth
				in the Act and the rules of the Division and, in the instance of the issuance
				of a casino license, the rules of the Commission.
(b) The following persons shall be required
				to qualify as part of the application for the issuance or retention of a casino
				license:
1. All persons eligible and required
				to apply for a casino license pursuant to the provisions of
				5:12-82;
2. All financial backers, investors,
				mortgagees, bondholders, or holders of indentures, notes or other evidences of
				indebtedness, in effect or proposed, which bear relation to the applicant or
				casino licensee, required to qualify pursuant to the provisions of N.J.S.A.
				5:12-85.1e; and
3. All persons
				required to qualify pursuant to the provisions of N.J.S.A. 5:12-85.1b, c and
				g.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69C - CASINO LICENSEES › Subchapter 2 - PERSONS REQUIRED TO BE LICENSED OR QUALIFIED › Section 13:69C-2.3 - Notification of anticipated or actual changes in directors, officers or equivalent qualifiers of casino licensees and holding companies

Current through Register Vol. 56, No. 14, July 15, 2024
Each casino licensee or applicant or holding company shall
				  immediately notify the Division, in writing, as soon as is practicable, of the
				  proposed appointment, appointment, proposed nomination, nomination, election,
				  intended resignation, resignation, incapacitation or death of any member of, or
				  partner in, its board of directors or partnership, as applicable, or of any
				  officer or other person required to qualify pursuant to
				  5:12-85 and 85.1. Such notice shall
				  be addressed to the Intake Unit, attention casino licensing bureau, of the
				  Division at its address set forth in
				  13:69-3.5(a) 
				  with a copy, either printed or electronic, to the Commission at its address set
				  forth in 13:69-3.5(a).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69C - CASINO LICENSEES › Subchapter 2 - PERSONS REQUIRED TO BE LICENSED OR QUALIFIED › Section 13:69C-2.4 - Notification of new financial sources

Current through Register Vol. 56, No. 14, July 15, 2024
Each casino licensee or applicant shall immediately notify
				  the Division, in writing, as soon as it becomes aware that it intends to enter
				  into a transaction bearing any relation to its casino project which may result
				  in any new financial backers, investors, mortgagees, bondholders, or holders of
				  indentures, notes, or other evidences of indebtedness who may be subject to the
				  provisions of N.J.S.A. 5:12-85.1e and Article 6B of the Act. Such notice shall
				  be addressed to the Intake Unit, attention Casino Licensing Bureau, of the
				  Division at the address set forth in
				  13:69-3.5(a) 
				  and, in the instance of a casino license applicant, in compliance with the
				  rules of the Commission, with a copy, either printed or electronic, to the
				  Commission at its address set forth in
				  13:69-3.5(a).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69C - CASINO LICENSEES › Subchapter 2 - PERSONS REQUIRED TO BE LICENSED OR QUALIFIED › Section 13:69C-2.5 - Notification concerning certain new qualifiers of holding companies and new qualifying entities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A casino licensee or applicant shall
				immediately notify the Division if the casino licensee or applicant becomes
				aware that, with regard to any holding company of the casino licensee or
				applicant, any person has acquired:
1. Five
				percent or more of any class of equity securities;
2. The ability to control the holding
				company; or
3. The ability to elect
				one or more directors of the holding company.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69C - CASINO LICENSEES › Subchapter 2 - PERSONS REQUIRED TO BE LICENSED OR QUALIFIED › Section 13:69C-2.6 - Qualification of new directors, officers, or other qualifiers of a casino licensee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director of the Division shall
				designate persons that must qualify in connection with a casino license in
				accordance with
N.J.S.A.
				5:12-85
.1, and any natural person so
				required to qualify pursuant to
N.J.S.A.
				5:12-85
.1 by virtue of his or her
				position with a casino licensee shall not perform any duties or exercise any
				powers relating to such position until qualified temporarily or plenarily by
				the Commission or, where appropriate, until he or she is temporarily licensed
				by the Commission as a casino key employee pursuant to
N.J.S.A.
				5:12-89
.e in accordance with the
				rules of the Commission.
(b) Each
				person subject to (a) above shall file a multi-jurisdictional personal history
				disclosure form (PHD-MJ) as set forth in
				13:69A-5.2 and a New Jersey
				supplemental form as set forth in
				13:69A-5.2A or a personal history
				disclosure form #1 (PHD-1) as set forth in
				13:69A-5.3 upon application for
				qualification or for a casino key employee license.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69C - CASINO LICENSEES › Subchapter 2 - PERSONS REQUIRED TO BE LICENSED OR QUALIFIED › Section 13:69C-2.7 - Qualification of new directors, officers, or other qualifiers of a holding company

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director of the Division shall
				designate persons that must qualify in connection with a holding company in
				accordance with
				5:12-85.1, and any proposed new
				director, partner, officer or other natural person so required to qualify
				pursuant to
				5:12-85.1, by virtue of his or her
				position with a holding company of a casino licensee, shall not perform any
				duties or exercise any powers related to such position until he or she has been
				found qualified by the Commission to the standards, except for residency, of a
				casino key employee in accordance with the rules of the Commission.
(b) Each person subject to (a) above shall
				file a PHD-MJ as set forth in
				13:69A-5.2 and a New Jersey
				supplemental form as set forth in
				13:69A-5.2A with the Division
				prior to or immediately upon being elected or appointed to such position,
				except that persons required to qualify by virtue of the following positions
				may alternatively file a PHD-1 as set forth in
				13:69A-5.3:
1. An outside director of a holding
				company;
2. A trustee pursuant to
				N.J.S.A. 5:12-95.1 2;
3. A trustee
				required to be qualified; and
4. A
				beneficiary of a trust required to be qualified.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69C - CASINO LICENSEES › Subchapter 2 - PERSONS REQUIRED TO BE LICENSED OR QUALIFIED › Section 13:69C-2.7A - Continuing qualification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All persons
				who have been found qualified by the Commission shall:
1. If a person whose position requires both
				qualification and a key employee license, not later than five years after
				obtaining a casino key employee license pursuant to
				5:12-89 and every five years
				thereafter, that person shall submit the documentation and information as by
				rule required to demonstrate that the requirements of
				5:12-89 continue to be met in
				accordance with the rules of the Commission.
2. If a person whose position does not
				require a key employee license but qualification, not later than five years
				after obtaining qualification and every five years thereafter, that person may
				elect to file consistent with
				5:12-87.1 and
				13:69C-11.1 either a completed
				Multi-Jurisdictional Personal History Disclosure Form as set forth in
				13:69A-5.2 with a New Jersey
				Supplemental Form as set forth in
				13:69A-5.2A, or a PHDF-1
				Resubmission Form as set forth in
				13:69A-5.5A.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69C - CASINO LICENSEES › Subchapter 2 - PERSONS REQUIRED TO BE LICENSED OR QUALIFIED › Section 13:69C-2.8 - Issuance or transfer of interests

Current through Register Vol. 56, No. 14, July 15, 2024
The issuance or transfer of any security or ownership
				  interest in a casino licensee or any nonpublicly traded subsidiary or holding
				  company thereof shall not be effective unless five business days prior written
				  notice of the issuance or transfer has been provided to the Commission at its
				  address set forth in
				  13:69-3.5(a)  and
				  such issuance or transfer has not been disapproved by the Commission within
				  such five days. A copy of such notice also shall be provided to the Division at
				  its address set forth in
				  13:69-3.5(a).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69C - CASINO LICENSEES › Subchapter 2 - PERSONS REQUIRED TO BE LICENSED OR QUALIFIED › Section 13:69C-2.9 - Holding companies, intermediary companies, entity qualifiers, and subsidiaries

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each casino licensee or applicant or
				holding company thereof shall report immediately, in writing, to the Division,
				at its address set forth in
N.J.A.C.
				13:69-3.5(a)
, the
				formation or dissolution of, or any transfer of a nonpublicly traded interest
				in, any holding company, intermediary company, an entity qualifier, or a
				subsidiary of the casino licensee or applicant or any subsidiary of any holding
				company of the casino licensee or applicant which bears any financing
				relationship to the casino project and, in the instance of a casino license
				applicant, with a copy to the Commission at its address set forth in
N.J.A.C.
				13:69-3.5(a)
.
(b) Each casino licensee or applicant shall
				file with the Division adopted charter provisions that comply with the
				requirements of N.J.S.A. 5:12-82d(7) through (10), as applicable, for each
				holding company, intermediary company and subsidiary of the casino licensee or
				applicant and, in the instance of a casino license applicant, a copy of such
				filing shall be submitted to the Commission at its address set forth in
				13:69-3.5(a).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69C - CASINO LICENSEES › Subchapter 3 - STANDARDS FOR LICENSURE OR QUALIFICATION › Section 13:69C-3.2 - Applicable standards

Current through Register Vol. 56, No. 14, July 15, 2024
Each person seeking casino licensure or qualification in
				  connection with such licensure shall establish by clear and convincing evidence
				  the criteria set forth in
				  5:12-80 through 87.1.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69C - CASINO LICENSEES › Subchapter 4 - FINANCIAL STABILITY OF CASINO LICENSEES AND APPLICANTS › Section 13:69C-4.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter,
				  shall have the following meanings:
"Affiliate" is defined at
				  13:69-1.2.
"Capital and maintenance expenditures" means expense items
				  related to the approved casino hotel which are incurred in connection with
				  furniture, fixtures, equipment and facilities, and capitalized costs. Such term
				  shall include acquisition; replacement; repairs; refurbishment; renovation;
				  improvements; and maintenance, including public area housekeeping, and
				  labor.
"Casino bankroll" means cash maintained in the casino,
				  excluding any funds necessary for the normal operation of the casino, such as
				  change banks, slot hopper fills, slot booths, cashier imprest funds and
				  redemption area funds.
"Debt service requirements" means the sum of cash interest
				  payments and scheduled principal repayments.
"Equivalent provisions" means lines of credit, parent company
				  guarantees, or other arrangements approved by the Division through which funds
				  can be accessed on a timely and as needed basis.
"Gross operating profit" means net revenues less operating
				  expenses, as reflected on the casino licensee's or applicant's Division
				  Statement of Income.
"Material debt" means debt of $ 50,000,000 or more, whether
				  in a single transaction or cumulative transactions during any 12-month period,
				  or such other amount as the Division may determine is appropriate to ensure the
				  continued financial stability of a casino licensee or applicant. Material debt
				  includes a guarantee of the debt of an affiliate, whether by cosignature or
				  otherwise; an assumption of the debt of an affiliate, or an agreement to place
				  any encumbrance on its approved casino hotel facility to secure the debts of an
				  affiliate.
"Operating expenses" means the total of casino expenses;
				  rooms, food, and beverage expenses; and general, administrative, and other
				  expenses as indicated on the casino licensee's or applicant's Division
				  Statement of Income.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69C - CASINO LICENSEES › Subchapter 4 - FINANCIAL STABILITY OF CASINO LICENSEES AND APPLICANTS › Section 13:69C-4.2 - Financial stability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each casino
				licensee or applicant shall establish its financial stability by clear and
				convincing evidence in accordance with
				5:12-84(a)  and
				this subchapter.
(b) The Division
				and, where applicable, the Commission may consider any relevant evidence of
				financial stability; provided, however, it is presumed that a casino licensee
				or applicant shall be considered to be financially stable if it establishes by
				clear and convincing evidence that it meets each of the standards set forth in
				N.J.S.A. 5:12-84a(1) through (5).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69C - CASINO LICENSEES › Subchapter 4 - FINANCIAL STABILITY OF CASINO LICENSEES AND APPLICANTS › Section 13:69C-4.3 - Material debt transactions and continuing assessment of financial condition

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No casino licensee shall consummate a
				material debt transaction without the prior approval of the Division. Any
				transaction not specified in this subsection shall require prior Division
				review and approval with regard to the financial stability standards set forth
				in
N.J.S.A. 5:12-84
.a. The
				following types of transactions shall not require prior Division review and
				approval with regard to the financial stability standards:
1. An agreement that provides for any
				borrowing for capital and maintenance expenditures in Atlantic City;
2. An agreement that is for a refinancing of
				existing debt that includes a borrowing for capital and maintenance
				expenditures in Atlantic City of at least $ 50 million;
3. An agreement that provides for any
				borrowing that does not result in an increase in annual debt service
				requirements;
4. An agreement that
				reflects a licensee's pro rata share of debt maintained at an affiliate,
				intermediary, or holding company; or
5. An agreement entered with a bank, licensed
				lending institution, or institutional investor as defined by
N.J.S.A. 5:12-85
.1 with
				regard to debtor-in-possession financing approved pursuant to a bankruptcy
				court proceeding.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69C - CASINO LICENSEES › Subchapter 4 - FINANCIAL STABILITY OF CASINO LICENSEES AND APPLICANTS › Section 13:69C-4.4 - Continuing financial stability reporting requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Each casino licensee shall file with the Division a statement of compliance
				with the criteria in N.J.S.A. 5:12-84a(1) through (5), which shall be included
				in the quarterly reports filed by the casino licensee pursuant to N.J.A.C.
				13:69D.
(b) No later than 90 days
				after the commencement of each fiscal year, each casino licensee and holding
				company thereof shall file its financial projections for that fiscal year in a
				format acceptable to the Division. The Division's Office of Financial
				Investigations will advise each casino licensee or holding company of the
				contents of the financial package, which, at a minimum, shall include a
				statement of income, balance sheet, and statement of cash flows.
(c) At the end of each calendar year, each
				casino licensee shall file with the Division a detailed analysis of compliance
				with N.J.S.A. 5:12-84a(4).
(d) In
				addition to the requirements of (a) through (c) above, each casino licensee and
				holding company thereof shall file such other information as the Division shall
				deem material to a showing of financial stability for a particular casino
				licensee and holding company thereof.
(e) Any event of default related to any debt
				obligation maintained by the licensee, affiliate, or holding company thereof
				shall be immediately reported to the Division in writing, along with any plans
				to address or cure such default.
(f) Each casino licensee shall electronically
				file its monthly internal financial statements with the Division within five
				days of completion and in no event later than the end of the subsequent
				month.
(g) Each casino licensee,
				affiliate, or holding company thereof shall electronically file a copy of any
				compliance certificates when provided to lenders pursuant to any loans or debt
				instruments to the Division's Office of Financial Investigations.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69C - CASINO LICENSEES › Subchapter 4 - FINANCIAL STABILITY OF CASINO LICENSEES AND APPLICANTS › Section 13:69C-4.5 - Failure to demonstrate financial stability

Current through Register Vol. 56, No. 14, July 15, 2024
In the event that a casino licensee fails to demonstrate
				  financial stability, the Division may take such action as is necessary to
				  fulfill the purposes of the Act and to protect the public interest, including,
				  but not limited to: establishing an appropriate cure period; imposing reporting
				  requirements in excess of those otherwise mandated by the Division's rules;
				  placing such restrictions on the transfer of cash or the assumption of
				  liabilities as is necessary to insure future compliance with the standards set
				  forth in N.J.S.A. 5:12-84a(1) through (5); and/or requiring the maintenance of
				  reasonable reserves or the establishment of dedicated or trust accounts to
				  insure future compliance with the standards set forth in N.J.S.A. 5:12-84a. The
				  Division also may move before the Commission in such instances, to seek action,
				  including, but not limited to: the imposition of licensure conditions,
				  revocation of licensure, and appointment of a conservator pursuant to Sections
				  130.1 et seq. of the Act.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69C - CASINO LICENSEES › Subchapter 5 - INVESTIGATION REQUIREMENTS › Section 13:69C-5.1 - General investigative standards

Current through Register Vol. 56, No. 14, July 15, 2024
The Division shall conduct an investigation of a casino
				  license applicant, and each person required to be qualified as part of the
				  application. The casino license applicant and each such person shall provide
				  all information, documentation and assurances required by
				  5:12-80, 80.1, 80.2, 82, 83, 84,
				  85, 85.1, 85.2, 86, 87 and 87.1 or as otherwise may be required for the
				  Division's investigation pursuant to the Act and the rules of the Division.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69C - CASINO LICENSEES › Subchapter 5 - INVESTIGATION REQUIREMENTS › Section 13:69C-5.2 - Continuing licensure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In
				accordance with N.J.S.A. 5:12-87e and 87.1, a casino license, once issued, is
				held with no expiration date.
(b) A
				casino license will continue in full force and effect subject to the
				requirements of the Act, the Commission's rules, and the Division's rules,
				including, but not limited to, N.J.A.C. 13:69C-5A, 5B and 11.
(c) The retention of a casino license shall
				be subject to the submission, no later than five years after the date of the
				issuance of a casino license and every five years thereafter, or within such
				lesser periods as the Division may direct, of the filings required by
				5:12-87.1 and N.J.A.C. 13:69C-11.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69C - CASINO LICENSEES › Subchapter 5 - INVESTIGATION REQUIREMENTS › Section 13:69C-5.3 - Materials required to be submitted in connection with a casino license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The investigative materials required to
				be submitted in connection with a casino license shall include, without
				limitation, the following information, which shall be completed and submitted
				in accordance with the requirements of the Act and the rules of the Division
				and any instructions included with the materials:
1.A Business Entity Disclosure Form (BED) as
				set forth in
N.J.A.C. 13:69A-5.6
or a
				Multi-Jurisdictional Business Form (MJBF) and New Jersey Supplemental Form as
				set forth in N.J.A.C. 13:69A-5.6C and 5.6D, as applicable, for each of the
				following:
i. The casino license
				applicant;
ii. Each holding company
				or intermediary company of the applicant required to be qualified pursuant to
				N.J.S.A. 5:12-85b, 85.1b, or 85.1c; and
iii. Each entity required to be qualified
				pursuant to N.J.S.A. 5:12-85.1b or, if the circumstances warrant and the
				Director so determines, N.J.S.A. 5:12-85.1e;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69C - CASINO LICENSEES › Subchapter 5 - INVESTIGATION REQUIREMENTS › Section 13:69C-5.4 - Petitions for waiver

Current through Register Vol. 56, No. 14, July 15, 2024
Upon the petition of a casino license applicant, the
				  Division may designate the qualification status of, or waive compliance with
				  the qualification requirements of, N.J.S.A. 5:12-85.1c for an officer,
				  director, lender, underwriter, agent, employee or security holder of a holding
				  or intermediary company of a casino licensee pursuant to N.J.S.A. 5:12-85.1c,
				  or for an institutional investor thereof pursuant to N.J.S.A. 5:12-85.1g. Such
				  matters shall be determined in accordance with the provisions of N.J.A.C.
				  13:69C-5A.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69C - CASINO LICENSEES › Subchapter 5 - INVESTIGATION REQUIREMENTS › Section 13:69C-5.5 - Petitions for statements of compliance

Current through Register Vol. 56, No. 14, July 15, 2024
A casino licensee, a casino license applicant, a person
				  required to qualify in connection with a casino license or casino license
				  application or a proposed security holder that would need to qualify, pursuant
				  to 5:12-81, may file a petition with
				  the Division for the Division investigate and report upon a statement of
				  compliance request that the applicant has established compliance with one or
				  more of the eligibility criterion required by the Act for a casino license.
				  Before initiating an investigation of the matters pertaining to the petition,
				  the Director may require that the person requesting a statement of compliance
				  establish to the Director's satisfaction such person's intent as set forth in
				  5:12-81. Upon the conclusion of the
				  Division's investigation and its review of the petition, it shall issue a
				  report and recommendation in response to the petition.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69C - CASINO LICENSEES › Subchapter 5A - DESIGNATION OF QUALIFIERS AND WAIVER FROM QUALIFICATION › Section 13:69C-5A.1 - Exceptions to qualification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Qualification
				of persons as required in N.J.S.A. 5:12-85.1b and c shall apply unless the
				Director, by ruling upon written request, grants an exception as provided in
				this subchapter. No other exceptions to qualification are valid.
(b) All such requests shall contain, at a
				minimum:
1. A marking at the top of the
				writing clearly and prominently displaying the requested ruling;
2. Citations to the specific statute and rule
				under which the request is made and under which the Director has the authority
				to rule on the request;
3. The full
				name of the person for whom the ruling is requested, the person's full address,
				a full description of the person's business(es), the identity of the applicant
				or casino licensee with which the person has a relationship, and a full
				description of that relationship;
4. Pertinent facts and circumstances involved
				in the matter;
5. Reason(s) in
				support of the requested ruling;
6.
				Written and irrevocable acknowledgement that the person submits to the
				jurisdiction of the State of New Jersey, the Division, the Commission, the
				Casino Control Act and the rules promulgated thereunder;
7. A representation, in writing, that the
				person agrees to promptly comply with all requests for information by the
				Division; and
8. Any other
				information that the Director may direct.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69C - CASINO LICENSEES › Subchapter 5B - QUALIFICATION OF FINANCIAL BACKERS › Section 13:69C-5B.1 - Qualification of financial backers and others delineated in N.J.S.A. 5:12-85 .1.e

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Notwithstanding any other rule to the
				contrary, financial backers and others delineated in
N.J.S.A.
				5:12-85
.1.e that are required to be
				qualified shall submit the following documentation and information to the
				Division:
1. The full name, address and
				complete description of all businesses of the person for whom qualification is
				required;
2. The identity of all
				entities and individuals who own or control the person for whom qualification
				is required;
3. A complete
				description of the relationship the person has with the casino licensee, its
				holding, intermediary and subsidiary companies, the casino operation, and the
				casino hotel premises, and documentation in support thereof;
4. Together with supporting documentation, a
				description of the complete financing which bears relation to the casino
				operation or casino hotel premises and the particular and quantitative part
				therein by the person;
5. If not a
				natural person, the documents creating and governing the person;
6. Evidence of authority to conduct business
				in the State of New Jersey;
7.
				Written authorization in the form and manner prescribed by the Division
				authorizing the Division to access and obtain information and documentation
				concerning the person from any and all sources including, but not limited to,
				local, state and Federal law enforcement and regulatory agencies;
8. Written and irrevocable acknowledgment
				that the person submits to the jurisdiction of the State of New Jersey, the
				Division, the Commission, the Casino Control Act and the rules promulgated
				thereunder;
9. A representation, in
				writing, that the person agrees to promptly comply with all requests for
				information by the Division;
10.
				The name, title/position, address, phone number and email address of an
				individual designated by the person as the person's contact with the Division
				and who is authorized to speak and act for the person;
11. The identity of all governmental agencies
				that oversee or regulate the person; and
12. Any other information that the Division
				may direct, including, but not limited to, the submission of a Business Entity
				Disclosure Form or a Multi-Jurisdictional Business Form (MJBF) and New Jersey
				Supplemental Form, if the circumstances should so warrant.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 69C - CASINO LICENSEES › Subchapter 6 - CASINO HOTEL FACILITY REQUIREMENTS › Section 13:69C-6.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this subchapter,
				  shall have the following meanings:
"Qualifying sleeping unit" (QSU) means a hotel room which
				  satisfies the standards set forth in Section 27 of the Act.