New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 74 - OFF-TRACK WAGERING AND ACCOUNT WAGERING › Subchapter 2 - APPLICATION FOR INITIAL OFF-TRACK WAGERING LICENSE; APPLICATION FOR RENEWAL OF OFF-TRACK WAGERING LICENSE › Section 13:74-2.2 - Prerequisites to and procedures for grant of initial off-track wagering license to a horsemen's organization or a well-suited entity for an off-track wagering facility that is no longer part of a permit holder's share

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				horsemen's organization or a well-suited entity, as provided for in
				N.J.S.A.
				5:5-130.c, shall make an application for an
				initial off-track wagering license on a form prescribed by the Commission.
1. An application filed by a horsemen's
				organization shall be accompanied by a non-refundable filing fee of $ 2,500. To
				be considered by the Commission, the application must be filed after compliance
				with N.J.A.C.
				13:74-2.5(a).
2. An application filed by a well-suited
				entity shall be accompanied by a non-refundable license fee in the amount of
				the successful bid pursuant to
				N.J.S.A.
				5:5-130.d(2), which shall be distributed 50
				percent to the New Jersey Thoroughbred Horsemen's Association and 50 percent to
				the Standardbred Breeders and Owners Association of New Jersey for programs
				designed to benefit the New Jersey horsemen.
i. To be qualified to submit an application
				for an initial off-track wagering license as a well-suited entity, a person,
				persons, association, corporation, partnership, organization, or other entity
				must be selected as a successful bidder in the bidding process set forth in
				this subsection.
ii. An initial
				off-track wagering license shall become available for public bid after:
(1) The Commission has determined, pursuant
				to N.J.A.C. 13:74-2.5(b)
				 or 2.6(b) that an off-track wagering
				facility is available for bid; or
(2) The Commission has determined that no
				horsemen's organization has applied for the available off-track wagering
				license.
iii. In placing
				an available off-track wagering license up for bid, the Commission may utilize
				the services of the Division of Purchase and Property (Division), which is in
				and of the Department of the Treasury, to advertise, solicit, accept, and
				evaluate formal sealed bids pursuant to the Division's rules set forth in
				N.J.A.C. 17:12. The Commission may consult with the Division during the bidding
				process and ensure that the bidding process:
(1) Includes procedures for the establishment
				of a minimum bid threshold for the selection of a successful bidder;
(2) Notifies bidders that the awarding of a
				bid to a successful bidder shall be contingent upon that bidder's ability to
				establish its eligibility to be licensed as an off-track wagering licensee in
				compliance with
				N.J.S.A.
				5:5-130 and (h) below;
(3) Requires that, in addition to submitting
				a monetary bid, a bidder shall submit a conceptual plan describing the
				off-track wagering facility the bidder intends to establish, the amenities it
				will offer, and its proposed or intended location; and
(4) Informs bidders that a successful bid
				shall be conditional upon the successful bidder's compliance with all the
				provisions of the Act and the applicable rules promulgated by the
				Commission.
iv. Upon
				receipt of any evaluation or recommendations, the Commission shall select the
				successful bidder. In selecting the successful bidder, the Commission shall
				consider and balance the following factors:
(1) The monetary value of the bid in
				comparison to other bids submitted;
(2) The level of quality of the proposed
				facility and the amenities it will offer in striving to be a first-rate
				experience for the customer that includes the provision of first-class dining
				facilities;
(3) The potential of
				the proposed facility and amenities to generate greater interest in the horse
				racing industry and the sport of horse racing in the State; and
(4) The proximity of the bidder's proposed or
				intended location for the off-track wagering facility and its impact on other
				planned or existing off-track wagering facilities and racetracks in the State.
v. The Commission's
				selection of the successful bidder and the basis for its decision shall be
				submitted to the Attorney General, for review and approval. The Commission's
				determination shall be deemed approved by the Attorney General if not
				affirmatively approved or disapproved by the Attorney General within 14 days of
				the date of submission. The decision of the Attorney General shall be deemed a
				final decision.
vi. The
				Commission's selection of a successful bidder and the Attorney General's
				approval of the successful bidder shall grant that bidder the right to file an
				application for the issuance of an initial off-track wagering license. Any
				grant of an initial off-track wagering license is contingent upon the bidder's
				full compliance with the application process and the bidder's ability to meet
				the eligibility standards set forth in this section. The Commission's selection
				of a successful bidder and the Attorney General's approval shall not be
				construed as granting that bidder the right to receive an initial off-track
				wagering license.
3. An
				initial application, accompanied by the non-refundable filing fee, shall be
				filed for each off-track wagering facility proposed by the applicant pursuant
				to this section.