State Codes and Statutes
Statutes > New-jersey > Title-5 > Section-5-12 > 5-12-925:12-92 Licensing of casino service industry enterprises.
92. Licensing of casino service industry enterprises.
a. (1) Any business to be conducted with a casino applicant or licensee by a vendor offering goods or services which directly relate to casino or gaming activity, including gaming equipment and simulcast wagering equipment manufacturers, suppliers, repairers and independent testing laboratories, shall be considered regular or continuing and shall require that the vendor be licensed as a casino service industry enterprise in accordance with the provisions of this act prior to conducting any business whatsoever with a casino applicant or licensee, its employees or agents; provided, however, that upon a showing of good cause by a casino applicant or licensee for each business transaction, the commission may permit an applicant for a casino service industry enterprise license to conduct business transactions with such casino applicant or licensee prior to the licensure of that casino service industry enterprise applicant under this subsection.
(2)In addition to the requirements of paragraph (1) of this subsection, any casino service industry enterprise intending to manufacture, sell, distribute, test or repair slot machines within New Jersey, other than antique slot machines as defined in N.J.S.2C:37-7, shall be licensed in accordance with the provisions of this act prior to engaging in any such activities; provided, however, that upon a showing of good cause by a casino applicant or licensee for each business transaction, the commission may permit an applicant for a casino service industry enterprise license to conduct business transactions with the casino applicant or licensee prior to the licensure of that casino service industry enterprise applicant under this subsection; and provided further, however, that upon a showing of good cause by an applicant required to be licensed as a casino service industry enterprise pursuant to this paragraph, the commission may permit the casino service industry enterprise applicant to initiate the manufacture of slot machines or engage in the sale, distribution, testing or repair of slot machines with any person other than a casino applicant or licensee, its employees or agents, prior to the licensure of that casino service industry enterprise applicant under this subsection.
b.Each casino service industry enterprise included in subsection a. of this section, as well as its owners; management and supervisory personnel; and principal employees if such principal employees have responsibility for services to a casino applicant or licensee, must qualify under the standards, except residency, established for qualification of a casino key employee under this act.
c. (1) Any vendor that offers goods or services to a casino applicant or licensee that are not included in subsection a. of this section including, without limitation, construction companies, vending machine providers, linen suppliers, junket enterprises, garbage handlers, maintenance companies, limousine services, food purveyors and suppliers of alcoholic beverages, shall be required to apply for a casino service industry enterprise license when, based upon the dollar amount of business being conducted with casino applicants or licensees or other factors established by the rules of the commission, licensure is deemed necessary to protect the public interest and the policies of this act, P.L.1977, c.110 (C.5:12-1 et seq.).
The rules of the commission shall require that each casino service industry enterprise required to be licensed pursuant to this subsection, as well as such of its owners, management, supervisory personnel, and principal employees with responsibility for services to a casino applicant or licensee as the commission may direct, shall establish by clear and convincing evidence their good character, honesty and integrity.
(2)Notwithstanding the provisions of paragraph (1) of this subsection, the commission may, consistent with the public interest and the policies of this act, direct by regulation that vendors engaging in certain types of business with a casino applicant or licensee not included in subsection a. of this section be required to apply for a casino service industry enterprise license pursuant to this subsection regardless of the dollar amount of that business, including, without limitation, non-casino applicants or licensees required to hold a Casino Hotel Alcoholic Beverage license pursuant to section 103 of P.L.1977, c.110 (C.5:12-103); in-State and out-of-State sending tracks as defined in section 2 of the "Casino Simulcasting Act," P.L.1992, c.19 (C.5:12-192); shopkeepers located within the approved hotels; and gaming schools that possess slot machines for the purpose of instruction.
(3)The commission may exempt any person or field of commerce from the licensing requirements of this subsection if the person or field of commerce demonstrates (i) that it is regulated by a public agency that determines whether a person subject to its jurisdiction possesses good character, honesty and integrity; or (ii) that it is a publicly traded corporation or a wholly owned subsidiary, either directly or indirectly, of a publicly traded corporation, and that the amount of revenue received by the person from all casino applicants and licensees within the 12-month period in which the greatest amount of casino business was conducted by the person seeking exemption is less than one-tenth of one percent of all revenues received by the person and its holding and intermediary companies during the same 12-month period, and that licensing is not deemed necessary in order to protect the public interest or to accomplish the policies established by this act. The commission shall periodically review this threshold to determine whether it should be adjusted for inflation or any other relevant factor consistent with the policies of P.L.1977, c.110 (C.5:12-1 et seq.).
Upon granting an exemption or at any time thereafter, the commission may limit or place such restrictions thereupon as it may deem necessary in the public interest, and shall require the exempted person to cooperate with the commission and the division and, upon request, to provide information in the same manner as required of a casino service industry enterprise licensed pursuant to this subsection; provided, however, that no exemption be granted unless the casino service industry enterprise complies with the requirements of sections 134 and 135 of this act.
d.Licensure pursuant to subsection c. of this section of any casino service industry enterprise may be denied to any applicant or qualifier thereof disqualified in accordance with the criteria contained in section 86 of this act, except that licensure or qualification shall not be denied if such disqualified applicant or qualifier can affirmatively demonstrate rehabilitation as provided in subsection h. of section 90 of P.L.1977, c.110 (C.5:12-90).
e.No casino service industry enterprise license shall be issued pursuant to subsection a. or subsection c. of this section to any person unless that person shall provide proof of valid business registration with the Division of Revenue in the Department of the Treasury.
f.A casino service industry enterprise licensed pursuant to subsection a. or subsection c. of this section shall require proof, from a subcontractor to a casino service industry enterprise contract with a casino applicant or casino licensee, of valid business registration with the Division of Revenue; verification information shall be forwarded by the casino service industry enterprise to the Division of Taxation in the Department of the Treasury. No subcontract to a casino service industry enterprise contract with a casino applicant or casino licensee shall be entered into by any casino service industry enterprise contractor unless the subcontractor first provides proof of valid business registration.
g.For the purposes of this section, each applicant shall submit to the division the name, address, fingerprints and a written consent for a criminal history record background check to be performed, for each person required to qualify as part of the application. 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 qualifier, 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.92; amended 1978, c.7, s.20; 1979, c.282, s.27; 1980, c.28, ss.7,10 (s.10 amended 1980, c.159, s.2; 1981, c.142, s.5); 1981, c.195, s.3; 1981, c.503, s.13; 1982, c.57, s.2; 1987, c.355, s.5; 1992, c.9, s.8; 1992, c.19, s.30; 1995, c.18, s.30; 2001, c.134, s.2; 2002, c.65, s.17; 2009, c.36, s.13.
