Title 5, Title 5: AMUSEMENTS, PUBLIC EXHIBITIONS AND MEETINGS

5:5-114. Filing of objection Any holder of a permit to conduct a horse race meeting within the State may file an objection to a joint application prior to the public hearing required to be held on the application. Any permit holder filing such an objection shall have the burden t…

5:5-115. No substitution of in-State races Under no circumstances shall a receiving track be permitted to substitute a race transmitted to it from an in-State sending track for a live race or races scheduled during a horse race meeting at the receiving track. Subject to the appro…

5:5-116. Distribution of wagers 7. Except as otherwise provided in sections 8 and 10 of this act, and in sections 7 and 8 of P.L.1991, c.411 (C.5:5-123 and 5:5-124) and by the rules and regulations of the commission with respect to interstate common pools, sums wagered at the rec…

5:5-117 Distribution of purse money. 8. Except as provided by section 8 of P.L.1991, c.411 (C.5:5-124), by the rules and regulations of the commission with respect to interstate common pools, and by a contractual agreement authorized by section 11 or section 12 of P.L.2013, c.266…

5:5-118. Intertrack wagering declared lawful Notwithstanding any other law to the contrary, intertrack wagering shall be lawful; provided that an intertrack wagering license has been issued to the receiving track. L. 1985, c. 269, s. 9, eff. Nov. 5, 1985.

5:5-119. Simulcasting of out-of-State races 10. Notwithstanding any other law to the contrary, the New Jersey Racing Commission, upon application by a receiving track and in accordance with applicable federal law, may permit the track to receive simulcast horse races of national …

5:5-120. In-State races simulcast out-of-State 11. Notwithstanding any other law to the contrary, the New Jersey Racing Commission, upon application by an in-State sending track and in accordance with applicable federal law, may permit the track to contract with an entity in anot…

5:5-121. Rules, regulations The commission shall promulgate and adopt such rules and regulations as are necessary to effectuate the purposes of this act. L. 1985, c. 269, s. 12, eff. Nov. 5, 1985.

5:5-122. Interstate common pools 6. Subject to applicable federal laws, the commission may permit receiving tracks which are authorized to receive simulcast horseraces of national interest held at out-of-State sending tracks pursuant to section 10 of P.L.1985, c.269 (C.5:5-119) a…

5:5-123. Distribution of and wagering rules for receiving track parimutuel pools merged into interstate common pools 7. With the prior approval of the commission, a receiving track which the commission has permitted to receive simulcast horse races of national interest held at ou…

5:5-124. Wagering and distribution rules for sending track parimutuel pools merged into interstate common pools 8. With the prior approval of the commission, an in-State sending track which the commission has permitted to contract with a legal wagering entity in another jurisdict…

5:5-125 Race track may receive simulcast transmissions from out-of-State track; interstate common pools, formation. 37. a. (1) Notwithstanding any other law to the contrary, the New Jersey Racing Commission, upon application by a receiving track, as defined in section 2 of P.L.19…

5:5-126 Distribution of amounts resulting from parimutuel pool for out-of-State program. 38. a. If a receiving track which is authorized by the New Jersey Racing Commission to receive the racing program, in full or in part, from an out-of-State sending track pursuant to section 3…

5:5-127 Short title. 1. Sections 1-35 of this act shall be known and may be cited as the "Off-Track and Account Wagering Act." L.2001,c.199,s.1.

5:5-128 Findings, declarations relative to horse racing and off-track wagering. 2. The Legislature finds and declares that: a. The horse racing industry is economically important to this State, and the general welfare of the people of the State will be promoted by the advancement…

5:5-129 Definitions relative to horse racing and off-track wagering. 3. As used in this act: "Account holder" means a resident of this State over age 18 who establishes an account pursuant to this act through which account wagers are placed. "Account wagering" means a form of par…

5:5-130 Issuance of license to permit off-track wagering; establishment of facilities. 4. a. The commission is authorized to issue a license to the authority to permit off-track wagering at a specified facility upon application of the authority and in accordance with the provisio…

5:5-131 Filing fee, certification; standards. 5. a. At the time of filing an application for an off-track wagering license, the applicant shall submit to the commission a non-refundable filing fee in an amount established by regulation by the commission and a certification in a f…

5:5-132 Public hearing. 6. Within 14 days of receipt of a completed application, certification and applicable fees, the executive director shall determine whether the same is in due form and meets the requirements of law in all respects, and upon being satisfied thereof, the comm…

5:5-133 Final determination on license application. 7. a. No sooner than 30 days nor later than 60 days following the public hearing, the commission shall make a final determination on the license application. The commission shall approve the application if it determines that the…

5:5-134 Powers of commission relative to off-track wagering. 8. a. The commission shall have full power to prescribe rules, regulations and conditions under which all off-track wagering licenses are issued and renewed in the State, including requiring an annual audit of the off-t…

5:5-135 Right to control patrons. 9. Nothing in this act shall be deemed to abrogate the common law right or any other right established by law to exclude or eject permanently from any off-track wagering facility any person who disrupts the operations of its premises, threatens t…

5:5-136 Limit on number of facilities. 10. a. The total number of off-track wagering facilities licensed in this State pursuant to this act shall not exceed 15. b. The commission shall issue no more than eight off-track wagering licenses within the first two years of the effectiv…

5:5-137 Simulcasting permitted. 11. It shall be lawful for the off-track wagering licensee to conduct off-track simulcasting at the off-track wagering facility with all in-State sending tracks and with any out-of-State sending track in accordance with the provisions of this act a…

5:5-138 Transmission of races from in-State sending tracks. 12. An in-State sending track may transmit to licensed off-track wagering facilities all or some of the live races conducted at the racetrack. The off-track wagering licensee, as a condition of continued operation of the…

5:5-139 Issuance of license to establish account wagering system. 13. a. The commission is authorized to issue a license to the authority to establish an account wagering system in accordance with the provisions of this act, P.L.2001, c.199 (C.5:5-127 et seq.). A license issued p…

5:5-140 Public hearing. 14. a. Within 14 days of receipt of a completed application, certification and applicable fees, the executive director shall determine whether the same is in due form and meets the requirements of law in all respects, and upon being satisfied thereof, the …

5:5-141 Powers of commission relative to account wagering. 15. a. The commission shall have full power to prescribe rules, regulations and conditions under which all account wagering licenses are issued or renewed in this State, including requiring an annual audit of the account …

5:5-142. Requirements for account wagering. 16. a. A person shall not place an account wager except in accordance with this act through the account wagering licensee, and no entity, other than the account wagering licensee, shall accept an account wager except as permitted by P.L…

5:5-143 Credits to a wagering account. 17. a. Credits to a wagering account shall be made as follows: (1) The account holder's deposits to the wagering account shall be submitted by the account holder to the account wagering licensee and shall be in the form of one of the followi…

5:5-144 Acceptance of account wagers. 18. The account wagering licensee may accept account wagers only from residents of New Jersey who are physically present in New Jersey or who are physically present in another jurisdiction if placing such a wager while located in that jurisdi…

5:5-145 Distribution of inactive, dormant accounts. 19. All amounts remaining in wagering accounts inactive or dormant for such period and under such conditions as established by regulation shall be paid 50% to the account wagering licensee and 50% to the New Jersey Racing Indust…

5:5-146 Inclusion of amounts wagered in parimutuel pool. 20. Sums wagered at the off-track wagering facility on the result of a simulcast horse race at an in-State sending track, or through the account wagering system on a race conducted at an in-State host track, shall be includ…

5:5-147 Distribution of sums in parimutuel pool. 21. Sums wagered at an off-track wagering facility on races being transmitted to that off-track wagering facility from an in-State sending track and sums wagered through the account wagering system on a race conducted at an in-Stat…

5:5-148 Receipt of simulcasts transmitted from out-of-State tracks. 22. a. The off-track wagering licensee may, in accordance with the provisions of this act and any applicable regulations of the commission and with the approval of the commission, also receive at the facility sim…

5:5-149 Payments to sending track. 23. a. The off-track wagering licensee receiving a simulcast horse race from an out-of-State sending track shall pay to the out-of-State sending track for the transmission such amount, if any, as may be agreed upon by the off-track wagering lice…

5:5-150 Conditions for participation by out-of-State tracks; interstate common pools. 24. a. Except as provided in subsection b. of this section, the commission shall not permit an out-of-State sending track or an out-of-State host track to participate in off-track simulcasting o…

5:5-151 Takeout rate, distribution. 25. Sums wagered at an off-track wagering facility on races being transmitted to that off-track wagering facility from an out-of-State sending track and sums wagered through the account wagering system on races conducted by an out-of-State host…

5:5-151.1 Payment in-lieu-of taxes, tax exemption, abatement. 7. Notwithstanding any other law, rule, or regulation to the contrary: (1) when the authority is the owner of the land, building, and premises where an off-track wagering facility is operated pursuant to an initial off…

5:5-152 Annual certification of racing costs. 26. a. The State Treasurer shall certify racing costs on an annual basis. These racing costs shall be the basis for payment and reimbursement to the commission from the following sources, in the following order: (1) license and permit…

5:5-153 "New Jersey Racing Industry Special Fund." 27. The commission shall establish and administer a separate fund to be known as the "New Jersey Racing Industry Special Fund" into which shall be deposited the sums dedicated to the fund by sections 19, 21 and 25 of this act. Mo…

5:5-154 Licensing, registration of persons conducting wagering-related activities. 28. All persons engaged in conducting wagering-related activities at an off-track facility or through an account wagering system, whether employed directly by the licensee or by a person or entity …

5:5-155 One-time right of first refusal offers of employment. 29. a. A person employed by a permit holder in the admissions department or parimutuel clerk department of a racetrack operated by a permit holder, or employed at the racetrack by a food and beverage vendor contracting…

5:5-156 Scheduling of race dates, minimum required. 30. a. The permit holder at Monmouth Park and the thoroughbred permit holder at Meadowlands Racetrack together shall schedule annually no fewer than 141 thoroughbred race dates, except that the thoroughbred permit holder may dec…

5:5-157 Severability. 32. The provisions of this act shall be deemed to be severable, and if any phrase, clause, sentence or provision of this act is declared to be unconstitutional or the applicability thereof to any person is held invalid, the remainder of this act shall not th…

5:5-158 Rules, regulations. 33. The commission shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act. L.2001,c.199,s.33.