Current through Register Vol. 56, No. 18, September 16, 2024
(a) For the purposes of this section, the
following words and terms shall have the meanings ascribed to them unless a
different meaning clearly appears from the context:
1. "Casino license" means a plenary casino
license issued under Section 87 of the Act;
2. "Licensed casino facility" means a casino
hotel facility as to which a casino license has been issued to authorized
gaming operations;
3. "Casino
operator" means a casino licensee is designated as the primary obligor for
payment of gross revenues taxes and Internet gaming revenue taxes in accordance
with N.J.A.C. 13:69L;
4. "Internet
gaming permit fee" means the total fee that is required by the Act and this
subchapter to be paid prior to issuance or renewal of an Internet gaming
permit;
5. "Initial license fee" or
"issuance fee" means the total fee, that is required pursuant to the Act and
this subchapter to be paid prior to consideration or issuance of a plenary
casino license or racetrack facility license to an unlicensed applicant and
that is based upon the cost of investigating and considering the
application;
6. "Responsible
Internet Gaming Fee" means the total fee that is required pursuant to the Act
and this subchapter to be paid annually to the Department of Human Services and
allocated pursuant to N.J.S.A. 5:12-95.29.d;
7. "Resubmission fee" or "renewal fee" means
the total fee, that is required pursuant to the Act and this subchapter to be
paid prior to consideration or issuance of a resubmission of a plenary casino
license or renewal of a racetrack facility license to a plenary licensee and
that is based upon the cost of investigating and considering the application;
and
8. "Sports wagering license
fee" means the total fee that is required pursuant to the Act and this
subchapter to be paid prior to issuance or renewal of a sports wagering
license.
(b) No
application for the issuance or retention of a casino license or an Internet
gaming permit shall be accepted for filing by the Division unless a
nonrefundable deposit of $ 100,000 shall first have been paid in full for each
application. For a casino license, such deposit shall be applied to the initial
license fee or retention fee. For the issuance or renewal of an Internet gaming
permit, such deposit shall be applied to the initial permit fee or renewal
fee.
(c) The following fee amounts
shall apply:
1. Not less than $ 200,000 for a
casino license or a casino license resubmission;
2. Not less than $ 400,000 for an initial
Internet gaming permit;
3. Not less
than $ 250,000 for the renewal of an Internet gaming permit;
4. A $ 250,000 Responsible Internet Gaming
Fee upon the filing for an initial or renewal of an Internet gaming
permit;
5. $ 100,000 for an initial
sports wagering license. Fifty percent of the initial sports wagering license
fee paid by casinos and racetracks shall be deposited into the State General
Fund for appropriation by the Legislature to the Department of Health to
provide funds for evidence-based prevention, education, and treatment programs
for compulsive gambling that meet the criteria developed pursuant to
P.L.
1993, c. 229, section 2 (N.J.S.A.
26:2-169), such as those provided by the
Council on Compulsive Gambling of New Jersey, and including the development and
implementation of programs that identify and assist problem gamblers;
and
6. A minimum of $ 100,000 for a
sports wagering license renewal, with the final cost to be determined by the
Director after consideration of the costs for renewal, enforcement, and
gambling addiction. The percentage of the renewal fee to be directed into the
State General Fund for appropriation by the Legislature to the Department of
Health to provide funds for evidence-based prevention, education, and treatment
programs for compulsive gambling that meet the criteria developed pursuant to
P.L.
1993, c. 229, section 2 (N.J.S.A.
26:2-169), such as those provided by the
Council on Compulsive Gambling of New Jersey, and including the development and
implementation of programs that identify and assist problem gamblers shall be
established by the Director on an annual basis after considering the licensure
and enforcement costs of regulating sports wagering.
(d) Pursuant to
N.J.S.A.
5:12-141.1, in addition to the license fee
for a sports wagering license set forth in (c) above, each initial racetrack
and casino sports wagering license applicant shall be required to submit a
retainer of $ 250,000 to the Casino Control Fund to cover initial, start-up,
and ongoing operational costs of the Division for the regulation and
enforcement of sports pool and online sports pool operations and for law
enforcement functions performed by the Division of State Police and the
Division of Criminal Justice. Such retainer shall be segregated within the
Casino Control Fund and funds not expended during the initial license period
shall be refunded to all licensees on a pro rata basis.
(e) Licensed casino facilities, racetracks
that host sports wagering facilities and activities, Internet gaming
operations, and online or retail sports book wagering operations shall be
required to pay for the efforts of the Division and the Commission on matters
directly related to the licensed casino facility, racetrack that host sports
wagering facilities and activities, Internet gaming operations, and online or
retail sports book wagering operations at hourly rates to be set by the
Division in accordance with this subsection, and to reimburse any unusual costs
or out-of-pocket expenses incurred by the Division or the Commission in regard
to such matters.
1. Prior to the start of
each fiscal year, the Division shall determine the hourly fee rates to be paid
by licensed casino facilities, racetracks that host sports wagering facilities
and activities, Internet gaming operations, and online or retail sports book
wagering operations, pursuant to this subchapter. These rates shall be based
upon the hourly costs of services provided by Division professional staff and
the Commission professional staff during the fiscal year, as estimated from the
projected fiscal year budget for the Division and the Commission.
2. The projected hourly fee rates established
pursuant to (e)1 above may be adjusted by the Division during the fiscal year
based upon the final fiscal year budget approved for the Division and the
Commission by the Legislature.
3.
Notice of the hourly fee rates established pursuant to (e)1 above shall be
published in the New Jersey Register.
(f) Licensed casino facilities and racetracks
that host sports wagering facilities and activities shall be required, as
determined by the Division, to pay a prorated share of the amount of any
liability to the Casino Control Fund existing as of the close of business on
June 30 of each fiscal year, or as assessed during the fiscal year based upon a
projected deficit. Allocated charges for operators of licensed casino
facilities and racetracks that host sports wagering facilities and activities
shall be billed among all operators. Allocated charges for Internet gaming and
online sports wagering operations shall be identified based upon the pro rata
market share related to New Jersey operations of those two revenue streams for
the immediately preceding calendar year.
1.
The share for each licensed casino facility that operates a casino gaming floor
that is assessed an amount to cover a deficit in the Casino Control Fund shall
be no more than that proportion of the deficit that is equal to the proportion
of the Division's expenditures on casino gaming compared to the Division's
overall expenditures. For example, if 20 percent of the Division's overall
expenditures are attributable to casino gaming, not more than 20 percent of the
total deficit may be associated with casino licensees. Any days during which a
necessary casino license or operation certificate for a licensed casino
facility has been suspended shall also be counted in determining the share of
such facility. Further, the operation of the facility by a conservator or
trustee shall be deemed continued operation by the casino operator for these
purposes. The obligation to pay the assessed share of a licensed casino
facility shall be that of the casino operator; provided, however, that if a
change of casino operators occurs during the fiscal year, each such operator
shall be liable for an amount of the share apportioned according to the time
during which each operator functioned. Any share calculated in accordance with
this section shall be paid in full upon receipt of a bill by the
Division.
2. The share for each
casino conducting an Internet gaming operation that is assessed an amount to
cover a deficit in the Casino Control Fund shall be no more than that
proportion of the deficit that is equal to the proportion of the Division's
expenditures on Internet gaming operations compared to the Division's overall
expenditures. For example, if 20 percent of the Division's overall expenditures
are attributable to Internet gaming, not more than 20 percent of the total
deficit may be associated with Internet gaming operations.
3. The share for each casino and racetrack
that hosts sports wagering facilities and activities and online or retail
sports book wagering operations that is assessed an amount to cover a deficit
in the Casino Control Fund shall be no more than that proportion of the deficit
that is equal to the proportion of the Division's expenditures on sports
wagering compared to the Division's overall expenditures. For example, if 20
percent of the Division's overall expenditures are attributable to sports
wagering, not more than 20 percent of the total deficit may be associated with
a casino or racetrack that hosts sports wagering facilities and activities and
online or retail sports wagering operations.
4. A licensee operating in multiple industry
fields may be assessed an amount that is reflective of each of its activities.
For example, an entity that is a casino gaming operator, an Internet gaming
operator, and an online or retail sports book wagering operator may be assessed
an amount reflective of each activity.
5. The Division may, from time-to-time during
the fiscal year, project the deficit share for each licensed casino facility or
racetrack that hosts sports wagering facilities and activities incurred to that
time and require payment of such projected deficit share on a monthly or other
periodic basis during the fiscal year.
6. The Division may allocate costs for any
agency conducting New Jersey gaming or criminal law enforcement, investigative,
or regulatory activities to the extent that normal and recurring billing
processes are projected to be insufficient to cover the costs of that
agency.
