State Codes and Statutes
Statutes > New-jersey > Title-5 > Section-5-12 > 5-12-905:12-90 Licensing of casino employees.
90. Licensing of Casino Employees.
a.No person may commence employment as a casino employee unless he is the holder of a valid casino employee license.
b.Any applicant for a casino employee license must, prior to the issuance of any such license, produce sufficient information, documentation and assurances to meet the qualification criteria, including New Jersey residency, contained in subsection b. of section 89 of this act and any additional residency requirement imposed under subsection c. of this section.
c.The commission may, by regulation, require that all applicants for casino employee licenses be residents of this State for a period not to exceed six months immediately prior to the issuance of such license, but application may be made prior to the expiration of the required period of residency. The commission shall, by resolution, waive the required residency period for an applicant upon a showing that the residency period would cause undue hardship upon the casino licensee which intends to employ said applicant, or upon a showing of other good cause.
d.(Deleted by amendment, P.L.1995, c.18.)
e.The commission shall deny a casino employee license to any applicant who is disqualified on the basis of the criteria contained in section 86 of this act.
f.For the purposes of this section, casino security employees shall be considered casino employees and must, in addition to any requirements under other laws, be licensed in accordance with the provisions of this act.
g.Upon petition by the holder of a casino license, a temporary license may be issued by the commission to an applicant for a casino employee license provided that:
(1)the applicant for the casino employee license has filed a complete application as required by the commission;
(2)the division either certifies to the commission that the completed casino employee license application as specified in paragraph (1) of this subsection has been in the possession of the division for at least 15 days or agrees to allow the commission to consider the application in some lesser time;
(3)the petition for a temporary casino employee license certifies, and the commission finds, that the issuance of a plenary license will be restricted by necessary investigations, and the temporary licensing of the applicant is necessary for the operation of the casino and is not designed to circumvent the normal licensing procedures of the "Casino Control Act"; and
(4)the division does not object to the issuance of the temporary casino employee license.
Unless otherwise terminated pursuant to this act, a temporary license issued pursuant to this subsection shall expire six months from the date of its issuance and be renewable, at the discretion of the commission, for one additional six-month period.
h. Notwithstanding the provisions of subsection e. of this section, no applicant shall be denied a casino employee license on the basis of a conviction of any of the offenses enumerated in this act as disqualification criteria or the commission of any act or acts which would constitute any offense under subsection c. of section 86 of P.L.1977, c.110 (C.5:12-86), as specified in subsection g. of that section; provided that the applicant has affirmatively demonstrated his rehabilitation. In determining whether the applicant has affirmatively demonstrated his rehabilitation the commission shall consider the following factors:
(1)The nature and duties of the position applied for;
(2)The nature and seriousness of the offense or conduct;
(3)The circumstances under which the offense or conduct occurred;
(4)The date of the offense or conduct;
(5)The age of the applicant when the offense or conduct was committed;
(6)Whether the offense or conduct was an isolated or repeated incident;
(7)Any social conditions which may have contributed to the offense or conduct;
(8)Any evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs, or the recommendation of persons who have or have had the applicant under their supervision.
i.For the purposes of this section, each applicant shall submit to the division the applicant's name, address, fingerprints and written consent for a criminal history record background check to be performed. The division is hereby authorized to exchange fingerprint data with and receive criminal history record information from the State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation consistent with applicable State and federal laws, rules and regulations. The applicant shall bear the cost for the criminal history record background check, including all costs of administering and processing the check. The Division of State Police shall promptly notify the division in the event a current or prospective licensee, who was the subject of a criminal history record background check pursuant to this section, is arrested for a crime or offense in this State after the date the background check was performed.
L.1977, c.110, s.90; amended 1978, c.7, s.18; 1979, c.282, s.25; 1980, c.28, ss.5,10 (s.10. amended 1980, c.159, s.2; 1981, c.142, s.5); 1981, c.195, s.2; 1981, c.503, s.11; 1987, c.354, s.13; 1991, c.182, s.29; 1993, c.292, s.15; 1995, c.18, s.28; 2003, c.199, s.7; 2009, c.36, s.11.
