Current through Register Vol. 56, No. 18, September 16, 2024
(a) Each
approved hotel shall contain a casino of not more than the amount of casino
space permitted by Section 83 of the Act.
(b) A casino licensee shall file a written
petition with the Division at the Division's principal office located in
Atlantic City, requesting permission for any increase in the amount of casino
space in its approved hotel. Such petition shall include, without limitation,
the following:
1. The current total square
footage of its casino space;
2. The
proposed increase in total square footage of its casino space;
3. The current total number of QSUs in the
approved hotel;
4. A description of
any proposed hotel addition, including, without limitation, the following:
i. The number of additional QSUs
proposed;
ii. Identification of the
site, including block and lot number as depicted on the Tax Map of the City of
Atlantic City; and
iii. Evidence
which establishes that the proposed hotel addition meets the standards for QSUs
and for an approved hotel set forth in Section 27 of the Act;
5. The construction schedule for
the proposed casino expansion and proposed hotel addition, including:
i. The anticipated date for commencement of
construction;
ii. The anticipated
date for completion of construction; and
iii. The anticipated date on which the
additional QSUs will be available for the regular lodging of guests;
6. The requested date for the
commencement of gaming operations in the additional casino space;
7. Any approvals required from governmental
and regulatory authorities which have been obtained to date;
8. The estimated budget for the proposed
hotel addition and the proposed casino expansion, including construction,
furniture, fixtures and equipment, and the anticipated means of funding such
costs; and
9. A copy of the written
agreement by the casino licensee approved by the Commission, if required by the
Division.
(c) A casino
expansion pursuant to (b) above must meet the following:
1. The proposed hotel addition meets the
standards for QSUs and for an approved hotel in Section 27 of the
Act;
2. The total number of QSUs
and proposed QSUs permit the requested increase in casino space;
3. The proposed QSUs can be constructed on
the schedule represented by the casino licensee in its petition, including a
construction completion date no later than two years from the date of
commencement of gaming operations in the additional casino space pursuant to
(d) below;
4. Construction of the
proposed hotel addition and the proposed casino expansion, for the cost and on
the schedule represented by the casino licensee in its petition, will not
deprive the casino licensee of its financial stability in accordance with
N.J.S.A. 5:12-84a and N.J.A.C. 13:69C-4; and
5. The casino licensee has demonstrated that
it has site control over the location of the proposed hotel addition, either by
an executed and binding contract for any necessary purchase or lease of real
property required for construction, or such other agreement.
(d) The Division may permit a
casino licensee to commence gaming in the additional casino space approved
pursuant to (c) above, provided that:
1. The
specific layout, design and contents of the additional casino space:
i. Comply with the requirements set forth in
13:69E-1.27; and
ii. Are approved by the Division for gaming
operations; and
2. All
other governmental approvals regarding the casino space, including a
certificate of occupancy, are obtained.
(e) Notwithstanding the provisions of (d)
above, the Division may at any time require a casino licensee to immediately
cease gaming operations in the additional casino space if any of the following
conditions have not been satisfied:
1. The
casino licensee shall obtain all necessary building permits and construction
code plan releases;
2. The casino
licensee shall submit the following to the Division, on a monthly basis:
i. A report of its compliance with the
construction schedule and budget submitted pursuant to (b)5 and 8 above;
and
ii. A report of the status of
each application for governmental or regulatory approval, until such time as
all required approvals are obtained;
3. On or before two years from the date of
commencement of gaming operations:
i.
Construction of the hotel addition shall be completed;
ii. All necessary furniture, fixtures and
equipment shall be installed; and
iii. The proposed additional QSUs are offered
as available for the regular lodging of guests; and
4. Any other condition which the Division
deems necessary and appropriate has been satisfied.
(f) The standards of (c) and (d) above shall
not be construed to limit the authority of the Division to determine the
suitability of facilities as provided in the Act.
