N.J. Admin. Code § 13:74-2.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:74-2.3 - Prerequisites to and procedures for renewal of an off-track wagering license

(a) These procedures shall apply where the applicant has been granted an initial license for an off-track wagering facility, which initial license has not lapsed, and where the applicant or its successor in interest makes proper application for the renewal of its license.

(b) A renewal license for an off-track wagering facility, as issued by the Commission, shall run for a one year period commencing January 1 and ending on December 31 of the same year. Where, however, an initial one-year off-track wagering license granted pursuant to the procedure set forth in N.J.A.C. 13:74-2.1 or 2.2 shall expire during a calendar year, the Commission on a one-time basis and at no additional cost to the off-track wagering licensee may extend the initial license period to the last day of December of the year in question upon the written request of the licensee if the licensee is in full compliance with the Act, this chapter, and any conditions imposed by the Commission.

(c) A renewal application for an existing off-track wagering facility license shall be made by the off-track wagering licensee on a form prescribed by the Commission, accompanied by a non-refundable filing fee of $ 1,250 and shall be filed no later than October 15 of the year prior to that for which the license renewal is sought.

(d) A renewal application filed by the Authority on behalf of itself or on behalf of a permit holder that is a party to the participation agreement shall not be considered complete unless the permit holder or permit holders at Monmouth Park and the thoroughbred and standardbred permit holder or permit holders at the Meadowlands Racetrack have scheduled at least the minimum number of live race dates required by N.J.S.A. 5:5-156.

(e) The off-track wagering licensee has completely answered each question within the renewal application, attached all documents required by the application, and complied with the requirements of this section.

(f) Should the licensee have changed its written internal control procedure since the filing of a prior application for removal or for the initial grant of the off- track wagering license, the renewal application shall include as attachments, the newly amended written internal control procedures as required by N.J.A.C. 13:74-2.1d) and 2.2(d).

(g) The renewal application shall be accompanied by a certification, signed and dated by a high managerial agent of the off-track wagering licensee, attesting that the disclosures within the application and its attachments are true, accurate and complete.

(h) Following the Executive Director's determination that the renewal application is complete, the Executive Director shall present the application to the Commission at a public meeting of the Commission.

(i) The Commission shall approve the off-track renewal license where the off-track wagering licensee demonstrates by clear and convincing evidence that:

1. The plan for the continued operation of the facility, including its size, seating capacity, parking and services to be provided, reflects appropriate standards of quality;

2. The renewal will not be inimical to the interests of the public and the horse racing industry in this State;

3. The participation agreement meets the requirements of the Act and is consistent with current law to the satisfaction of the Commission and Attorney General; and

4. The off-track wagering licensee is in compliance with the Act, this chapter and any conditions imposed upon it by the Commission.

(j) The Commission's determination on the application shall be submitted to the Attorney General for review and approval. The determination of the Commission shall be deemed approved by the Attorney General if not affirmatively approved or disapproved within 14 days of the date of submission. The decision of the Attorney General shall be deemed a final decision. The Commission shall issue the license upon approval of the Attorney General.

(k) A renewed off-track wagering license issued to the off-track wagering licensee shall specify the effective dates of the renewal license, the location of the off-track wagering facility, the periods of time during the calendar year and the hours of operation during which off-track wagering is permitted at the facility, and prescribe any other conditions or terms the Commission deems appropriate, including, but not limited to, the requiring of an annual audit of the off-track wagering licensee's books and records pertaining to the off-track wagering.

N.J. Admin. Code § 13:74-2.3

Amended by 51 N.J.R. 1769(a), effective 12/2/2019