Casino control act



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CASINO CONTROL ACT
ARTICLE 1. INTRODUCTION AND GENERAL PROVISIONS
5:12-1 Short title; declaration of policy and legislative findings

5:12-1.1 Applicability of Casino Simulcasting Act throughout chapter

5:12-2 Definitions

5:12-2.1 "Affiliate"

5:12-2.1a “Annuity jackpot”

5:12-2.2 "Annuity jackpot guarantee"

5:12-3 "Applicant"

5:12-4 "Application"

5:12-4.1 "Attorney"

5:12-5 "Authorized game" or "authorized gambling game"

5:12-5.1 Repealed

5:12-5.2 “Cash equivalent value”

5:12-6 "Casino" or “casino room” or “licensed casino”

5:12-6.1 "Casino bankroll"

5:12-7 "Casino employee"

5:12-8 Repealed

5:12-8.1 Repealed

5:12-9 "Casino key employee"

5:12-10 "Casino license"

5:12-11 "Casino security employee"

5:12-11.1 Repealed

5:12-12 "Casino service industry enterprise"

5:12-13 "Chairman" and "commissioner" or "member"

5:12-14 "Commission"

5:12-14a "Complimentary service or item"

5:12-14.1 "Conservator"

5:12-14.2 "Conservatorship action"

5:12-14.2a "Corporate officer"

5:12-14.3 "Creditor"

5:12-14.4 "Debt"

5:12-15 "Director"

5:12-16 "Division"

5:12-16.1 "Encumbrance"

5:12-17 "Equal employment opportunity"

5:12-18 "Equity security"

5:12-19 "Establishment" or “casino hotel” or “casino hotel facility”

5:12-20 "Family"

5:12-21 "Game" or "gambling game"

5:12-22 "Gaming" or "gambling"

5:12-23 "Gaming device" or "gaming equipment"

5:12-24 "Gross revenue"

5:12-25 "Hearing examiner"

5:12-26 "Holding company"

5:12-27 "Hotel" or "approved hotel"

5:12-27a “Independent software contractor”

5:12-27.1 “Institutional investor”

5:12-28 "Intermediary company"

5:12-28.1 “Internet gaming”

5:12-28.2 “Internet gaming gross revenue”

5:12-29 "Junket"

5:12-29.1 "Junket enterprise"

5:12-29.2 "Junket representative"

5:12-30 "License"

5:12-31 "License or Registration Fee"

5:12-32 "Licensed casino operation"

5:12-33 "Licensee"

5:12-33a “Multi-casino employee”

5:12-33.1 “Multi-casino progressive slot machine system”

5:12-34 "Operation"

5:12-35 "Operation certificate"

5:12-36 "Party"

5:12-37 "Person"

5:12-38 Repealed

5:12-38a “Promotional gaming credit”

5:12-38.1 "Property"

5:12-39 "Publicly traded corporation"

5:12-40 "Registration"

5:12-41 "Registrant"

5:12-42 "Regulated complimentary service account"

5:12-42.1 "Resident"

5:12-43 "Respondent"

5:12-43.1 "Restricted casino areas"

5:12-44 "Security"

5:12-44.1 “Simulcasting facility”

5:12-45 "Slot machine"

5:12-45.1 “Slot system agreement”

5:12-45.2 “Slot system operator”

5:12-45.3 "State of emergency"

5:12-46 "Statement of compliance"

5:12-47 "Subsidiary"

5:12-47.1 Repealed

5:12-47.2 "Transfer"

5:12-48 Repealed

5:12-49 Words and terms: tense, number and gender



ARTICLE 2. CASINO CONTROL COMMISSION AND DIVISION OF GAMING ENFORCEMENT: ESTABLISHMENT AND ORGANIZATION
5:12-50 Creation of Casino Control Commission; number of members

5:12-51 Members of the commission; qualifications and eligibility

5:12-52 Appointment and terms of commission members

5:12-53 Compensation of members

5:12-54 Organization and employees

5:12-54.1 Restrictions on certain contributions

5:12-55 Division of gaming enforcement

5:12-56 Organization and employees

5:12-57 Expenses; limits
ARTICLE 3. CONTROL AUTHORITY RESTRICTIONS
5:12-58 Restrictions on pre-employment by commissioners, commission

employees and division employees and agents

5:12-59 Employment restrictions on commissioners, commission

employees and division employees

5:12-60 Post-employment restrictions

5:12-61 Applicant and licensee liability for violations

5:12-62 Enforcement
ARTICLE 4. CASINO CONTROL COMMISSION - DUTIES AND POWERS
5:12-63 Duties of the Commission

5:12-64 Repealed

5:12-65 Repealed

5:12-66 Investigative hearings

5:12-67 Repealed

5:12-68 Collection of fees, penalties or tax

5:12-69 Regulations

5:12-70 Required regulations

5:12-71 Regulation requiring exclusion of certain persons

5:12-71.1 Exclusion, ejection of certain persons

5:12-71.2 List of persons self-excluded from gaming activities

5:12-71.3 Excluded person; forfeiture of winnings; other sanctions

5:12-72 Commission reports and recommendations

5:12-73 Meetings and Quorum

5:12-74 Minutes and records

5:12-74.1 Information, data deemed confidential; exceptions

5:12-75 Powers not enumerated


ARTICLE 5. DIVISION OF GAMING ENFORCEMENT - POWERS AND

DUTIES
5:12-76 General duties and powers

5:12-76.1 Internet gambling public awareness campaign

5:12-77 Law enforcement powers, responsibilities

5:12-78 Cooperation by licensees, registrants or applicants

5:12-79 Inspection, seizure, and warrants
ARTICLE 6. LICENSING
5:12-80 General provisions

5:12-80.1 Pilot program for issuance of additional types of casino licenses

5:12-80.2 Increase of casino space by small-scale, staged casino facility;

special amenities

5:12-81 Statement of compliance

5:12-82 Casino license-applicant eligibility

5:12-83 Approved hotel

5:12-84 Casino license-applicant requirements

5:12-85 Additional requirements

5:12-85.1 Qualifications for issuance of casino license

5:12-85.2 Applicability of act

5:12-86 Casino license-disqualification criteria

5:12-87 Investigation of applicants for casino licenses; report recommendation

5:12-87.1 Submission of documentation, information by licensee

5:12-88 Repealed

5:12-89 Licensing of casino key employees

5:12-90 Repealed

5:12-91 Registration of casino employees

5:12-91.1 Endorsement as multi-casino employee

5:12-92 Licensing of casino service industry enterprises

5:12-93 Registration of labor organizations

5:12-94 Approval and denial of registrations and licenses other than

Casino licenses

5:12-95 Renewal of licenses and registrations


ARTICLE 6A. TEMPORARY CASINO PERMITS [REPEALED]
5:12-95.1 to 5:12-95.11 Repealed
ARTICLE 6B. INTERIM CASINO AUTHORIZATION
5:12-95.12 Applicability and requirements

5:12-95.13 Commission consideration of request for interim casino

authorization

5:12-95.14 Provisions and application of trust agreement

5:12-95.15 Obligations and responsibilities

5:12-95.16 Time for determining qualification


ARTICLE 6C. INTERNET GAMING
5:12-95.17 Findings, declarations relative to Internet gaming at Atlantic City casinos

5:12-95.18 Reports regarding the impact of gaming through the Internet

5:12-95.19 Annual tax on Internet gaming gross revenue

5:12-95.20 Federal law applicable

5:12-95.21 Permit required to conduct Internet gaming

5:12-95.22 Location of primary Internet gaming operation

5:12-95.23 Conditions for acceptance of Internet wagers

5:12-95.24 Disposition of inactive, dormant accounts

5:12-95.25 Assistance to people with gambling problem

5:12-95.26 Offering of Internet gaming without approval, fourth degree crime; fines

5:12-95.27 Tampering with equipment, third degree crime; fines

5:12-95.28 Tampering affected odds, payout, third degree crime; fines

5:12-95.29 Annual fees for issuance, renewal of Internet gaming permits

5:12-95.30 Facilities permitted to conduct Internet gaming; violations, penalties

5:12-95.31 Acceptance of certain out-of-State wagers

5:12-95.32 “Internet gaming affiliate”

5:12-95.33 Determination of date law becomes operative, expires
ARTICLE 7. CONDITIONS OF OPERATION
5:12-96 Operation certificate

5:12-97 Hours of operation

5:12-98 Casino facility requirements

5:12-99 Internal controls

5:12-100 Games and gaming equipment

5:12-100.1 Right to receive annuity jackpot payments

5:12-100.2 Prompt notice of award of annuity jackpot; offset, lien for child

support arrearages

5:12-101 Credit

5:12-101.1 Accounts established, limitations

5:12-101.2 Case redemption, limited

5:12-101.3 Report of cash transaction

5:12-102 Junkets and complimentary services

5:12-103 Alcoholic beverages in casino hotel facilities

5:12-104 Casino licensee leases and contracts

5:12-105 Disposition of securities by corporate licensee

5:12-106 Casino employment
ARTICLE 8. HEARINGS
5:12-107 Conduct of hearings; rules of evidence; punishment of contempts;

rehearing

5:12-108 Proceedings against licensees

5:12-109 Emergency orders

5:12-110 Judicial review
ARTICLE 9. SANCTIONS
5:12-111 Penalties for willful evasion of payment of license fees, other acts

and omissions

5:12-112 Unlicensed casino gambling games unlawful; penalties

5:12-113 Swindling and cheating; penalties

5:12-113.1 Use of certain devices in playing games, grading of offense; forfeiture of devices

5:12-114 Unlawful use of bogus chips or gaming billets, marked cards,

dice, cheating devices, unlawful coins; penalty

5:12-115 Cheating games and devices in a licensed casino; penalty

5:12-116 Unlawful possession of device, equipment or other material

illegally manufactured, distributed, sold or serviced

5:12-117 Employment without license or registration; penalty

5:12-117.1 Persons prohibited from accepting employment; violation; crime of fourth degree

5:12-118 Regulations requiring exclusion or rejection of certain persons

from licensed casinos; unlawful entry by person whose name has

been placed on list; penalty

5:12-119 Gaming by certain persons prohibited; penalties; defenses

5:12-120 Prohibited political contributions; penalty

5:12-121 Authority of gaming licensee and agents to detain or question

persons; immunity from liability; posted notice required

5:12-122 Other offenses; general penalty

5:12-123 Continuing offenses

5:12-124 Exemption from gambling statutes

5:12-125 Racketeer-influenced and corrupt organizations-definitions

5:12-126 Prohibited activities

5:12-127 Civil remedies

5:12-128 Civil investigative demand

5:12-129 Supplemental sanctions

5:12-129.1 Report of suspicious transaction

5:12-129.2 Failure to file report; sanctions

5:12-129.3 Record of reports

5:12-129.4 Rules, regulations

5:12-129.5 Notification to person involved in transaction prohibited; fourth

degree crime

5:12-129.6 Immunity from civil liability

5:12-130 Imposition of sanctions-standards
ARTICLE 9A. CASINO LICENSE CONSERVATORSHIP
5:12-130.1 Institution of conservatorship and appointment of conservators

5:12-130.1a Instructions to, supervision of conservator

5:12-130.2 Powers, authorities and duties of conservators

5:12-130.3 Compensation of conservators and others

5:12-130.4 Assumption of outstanding debts

5:12-130.5 Payment of net earnings during the period of the conservatorship

5:12-130.6 Payments following a bulk sale

5:12-130.7 Continuing jurisdiction of commission

5:12-130.8 Discontinuation of a conservatorship

5:12-130.9 Required reports

5:12-130.10 Review of actions of conservator

5:12-130.11 Investigation by the division of gaming enforcement


ARTICLE 10. MISCELLANEOUS PROVISIONS
5:12-131 Declaration of state's limited exemption from operation of

provisions of 15 U.S.C. (1172)

5:12-132 Legal shipments of gaming devices into New Jersey

5:12-133 Severability and preemption

5:12-134 Equal employment opportunity; requirements of license

5:12-135 Equal employment opportunity; enforcement by the division

5:12-136 Facilities for the handicapped

5:12-137 Repealed

5:12-138 Prohibited political contributions
ARTICLE 11. FEES AND TAXES
5:12-139 Casino license fees

5:12-140 License fee on slot machines

5:12-141 Fees for other than casino licenses

5:12-141.1 Fees to recoup costs of the division or commission

5:12-141.2 Expiration of gaming-related obligations owed to patrons;

date of expiration; payment to Casino Revenue Fund

5:12-142 Repealed

5:12-143 Casino control fund

5:12-144 Tax on gross revenues

5:12-144.1 Imposition of investment alternative tax

5:12-144.2 Annual deduction from gross revenue relative to promotional

gaming credits

5:12-145 Casino revenue fund

5:12-145a Use of moneys in casino revenue fund

5:12-145.1 Income from investments; credit to fund

5:12-145.2 Calculation of income

5:12-145.3 “Casino Revenue Fund Advisory Commission”

5:12-145.4 Duties of commission

5:12-145.5 Organization, election of chairperson, secretary

5:12-145.6 Entitlement to assistance, services, incurring of expenses

5:12-145.7 Annual report

5:12-145.8 Fee of $3.00 imposed daily on occupied hotel rooms in casino

hotel facility

5:12-146 In lieu tax

5:12-147 Profits

5:12-148 Payment of taxes

5:12-148.1 Repealed

5:12-148.2 Tax of 8% imposed on multi-casino progressive slot machine

revenue

5:12-148.3 Tax of 7.5% imposed on certain adjusted net income of casino



licensees

5:12-149 Determination of tax liability

5:12-150 Penalties

5:12-151 Forms

5:12-152 Application of State Tax Uniform Procedure Law
ARTICLE 12. CASINO REINVESTMENT
5:12-153 Casino Reinvestment Development Authority

5:12-154 Removal of members; oath of office

5:12-155 Officers; quorum

5:12-156 Compensation of public members; reimbursement

5:12-157 Designation of representatives to attend meetings

5:12-158 Interests prohibited

5:12-159 Dissolution of authority; conditions

5:12-160 Purposes of authority

5:12-161 Powers of authority

5:12-161.1 Atlantic City Fund, established in CRDA

5:12-161.2 Moneys payable to the Atlantic City Fund; casino shares

5:12-161.3 Prevailing wage rate for workers employed on projects with Casino

Redevelopment Authority Involvement

5:12-161.4 Exercise of rights, powers or duties

5:12-161.5 Prevailing wage rules, regulations, adoption by Casino

Reinvestment Development Authority

5:12-161.6 Inapplicability of C.5:12-161.3 through C.5:12-161.5

5:12-162 Bonds

5:12-162.1 Issuance of bond, notes, other obligations

5:12-163 Resolution authorizing bonds; provisions

5:12-164 Pledges of income, revenue or property; validity; effect

5:12-165 Treatment of interest on bonds as provided under Internal

Revenue Code of 1954; consent; application of state or federal

laws


5:12-166 Liability of members on bonds

5:12-167 Property and bonds of authority; tax exemption

5:12-168 Authority property; exemption from execution or judicial process

5:12-169 Annual report; audit

5:12-170 Authority may use employees of other agencies

5:12-171 Annual budget; approval; line item vetoes; transmittal

5:12-172 Guarantee of obligations; provisions of resolution

5:12-173 Investments; authorization; criteria and priorities

5:12-173.1 Findings, declarations relative to redevelopment in Atlantic City

5:12-173.2 Minimum charge of $3.00 imposed for use of casino parking

facility

5:12-173.3 Minimum fee of $3.00 imposed for use of casino parking space

5:12-173.3a Covenant by State with bond holders as to casino parking fee

5:12-173.4 Special fund, use of fees

5:12-173.5 Responsibility for collection of fees

5:12-173.6 Issuance of bonds, notes

5:12-173.7 Covenants by authority; contracts with holders of bonds, notes

5:12-173.8 Moneys set aside for hotel development projects

5:12-173.9 Short title

5:12-173.10 Findings, declaration relative to CRDA urban revitalization

program

5:12-173.11 Definitions relative to CRDA urban revitalization programs



5:12-173.12 Urban revitalization incentive program

5:12-173.13 Deposit of sales and use tax revenues

5:12-173.14 Deposit of hotel room use fee revenues

5:12-173.15 Project fund created

5:12-173.16 Room fund created

5:12-173.17 Separate accounts within project, room funds

5:12-173.18 Proposed district project plan

5:12-173.19 Proposal for entertainment-retail project, community and housing

development project

5:12-173.20 Authority sponsored project

5:12-173.21 Repealed by L.2004, c. 129, § 13, eff. Aug. 25, 2004

5:12-173.22 Issuance of bonds by CRDA, establishment of Casino Capital

Construction Fund

5:12-173.22a Atlantic City Expansion Fund; creation, use

5:12-174 Waiver of project eligibility determination

5:12-175 Waiver of requirements relating to composition of investment tax

credit

5:12-176 Waiver of requirements relating to composition, during first ten



years of tax obligation, of investment tax credit; conditions

5:12-177 Donation in lieu of bond purchase or investment

5:12-178 Projects or investments benefiting, improving, or increasing value

of casino hotel or related facility; authority investment;

prohibition

5:12-179 Determination of investment or donation eligibility prior to

adoption of rules and regulations; conditions

5:12-180 Investments or contributions adverse to priorities; prohibition of

support or approval by authority

5:12-181 Aid to minority, women’s business

5:12-182 Eminent domain or condemnation

5:12-183 Minutes or authority meetings; effective date of actions; veto


ARTICLE 13. SET-ASIDE CONTRACTS
5:12-184 Declarations

5:12-185 Definitions

5:12-186 Minority, women’s business contracts

5:12-187 Bus business set aside

5:12-187.1 Penalties for violations

5:12-188 Determining qualifications

5:12-189 List of certified enterprises

5:12-190 Additional regulations


ARTICLE 14. CASINO SIMULCASTING
5:12-191 Casino Simulcasting Act; short title

5:12-192 Definitions

5:12-193 Casino simulcasting permitted

5:12-194 Establishment of casino simulcasting facility

5:12-195 Applications to conduct casino simulcasting, conditions of approval

5:12-196 Transmission of live races to casinos

5:12-197 Casino wagers included in pari-mutuel pool

5:12-198 Distribution of undistributed casino wagers

5:12-199 Out-of-State horse races, simulcast; approved casinos, licensed sending tracks

5:12-200 Receipt from out-of State of simulcast horse races during permitted hours of operation

5:12-201 Payment to out-of-state sending track

5:12-202 Combing of pari-mutuel pools, formation of interstate common pool

5:12-203 Wagers subject to take out rate

5:12-204 Procedure for revision of formula

5:12-205 “Casino Simulcasting Special Fund” established

5:12-206 Payment to Atlantic City Racetrack

5:12-207 Depositing of State revenue

5:12-208 “Casino Simulcasting Fund”; established

5:12-209 Distribution of interest from funds generated by simulcasting

5:12-210 Rules and regulations


ARTICLE 15. STATE OF EMERGENCY OPERATIONS
5:12-211 Continuance of casino, simulcast operations during certain states

of emergency; violations, fines

5:12-212 Division approval of internal controls prior to state of

emergency

5:12-213 Prohibitions relative to operation during state of emergency

5:12-214 Restriction of transfer of property

5:12-215 Calculation of certain time periods

5:12-216 Adoption of regulations

5:12-217 Effective date
ARTICLE 16. ATLANTIC CITY TOURISM DISTRICT
5:12-218 Definitions relative to the Atlantic City Tourism District

5:12-219 Atlantic City Tourism District

5:12-220 Development and design guidelines, land use regulations

5:12-221 Actions of authority after creation of tourism district; marketing program

5:12-222 Development of public safety plan

5:12-223 Determination of amount of cost savings relative to revision of laws; allocation of New Jersey Racing Commission

5:12-224 Transfer of Atlantic City International Airport; distribution of revenues, proceeds

5:12-225 Repealed

5:12-226 Atlantic City Convention and Visitors Authority, transfer to CRDA; Convention Center Division

5:12-227 Status of project after transfer

5:12-228 Actions permitted prior to Transfer Date

5:12-229 Provisions of existing laws unaffected

5:12-230 Powers assumed by authority upon establishment of tourism district; Atlantic City Special Improvement District, division

5:12-231 Law subject to provisions of C.52:14D-1 et seq.; exceptions

5:12-232 Obligations to bondholders unaffected

5:12-233 Entry into partnerships by authority



CHAPTER 12A. SPORTS WAGERING
5:12A-1 Definitions relative to sports wagering

5:12A-2 Casino, racetrack may operate sports pool; severability

5:12A-3 Employees, licensed, registered

5:12A-4 Authority of division to regulate

5:12A-4.1 Use of mobile gaming devices permitted under certain circumstances

5:12A-5 Adoption of comprehensive house rules



5:12A-6 Agreements to jointly establish sports wagering lounge; taxes; license fee for compulsive gambling programs

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