19:51-1.8 Duration of licenses; renewal
(a) Licensure pursuant to N.J.S.A. 5:12-92a is granted for an initial term of three years and for a term of five years for all subsequent renewals; provided, however, that the Commission shall reconsider the granting of such a license at any time at the request of the Division. Licensure pursuant to N.J.S.A. 5:12-92c and 102 is granted for an initial term of four years and for a term of five years for all subsequent renewals. An application for renewal of a license shall be filed no later than 120 days prior to the expiration of that license.
(b) A change in any item that was a condition of the original license or of a license renewal must be approved by the Commission. A change in ownership shall invalidate any approval previously given by the Commission. The proposed new owner shall be required to submit an application for licensure and evidence that he is qualified for licensure.
(c) The Commission shall notify each casino service industry enterprise licensed pursuant to the provisions of N.J.S.A. 5:12-92c, at least 120 days prior to the expiration of the current license term, whether that enterprise licensee is conducting business on a regular or continuing basis in accordance with the criteria set forth in N.J.A.C.19:51-1.2A(d) and (e).
1. If the Commission determines that an enterprise licensee is conducting business on a regular or continuing basis, the enterprise shall be required to file an application for the renewal of its license in accordance with the provisions of (a) above.
2. If the Commission determines that an enterprise licensee is not conducting business on a regular or continuing basis, the enterprise shall not be required to renew its casino service industry enterprise license. Any enterprise licensee notified that it is not required to renew its license shall:
i. Have the option to renew its enterprise license voluntarily by complying with the requirements of (a) above; and
ii. Be required, until the expiration of its current license, to notify the Commission immediately of any agreements, whether contemplated or in effect, which would result in cumulative transactions which would meet the regular or continuing business criteria set forth in N.J.A.C. 19:51-1.2A(e).
(d) Upon receipt of a notice required to be filed by an enterprise licensee pursuant to the provisions of (c)2ii above, the Commission shall redetermine whether the enterprise licensee shall be required to renew its casino service industry license. The Commission shall notify the enterprise licensee of its determination as soon as is practicable and, if renewal is required, direct that an application for renewal be filed within 30 days; provided, however, that the Commission may, upon written request by the enterprise licensee and for good cause shown, grant the enterprise licensee an additional 30 days within which to file its renewal application.
(e) Any enterprise which is not required to, and chooses not to, renew its casino service industry enterprise license pursuant to (c) above shall not transact business with any casino licensee or applicant or any employee or agent thereof upon the expiration of such license unless a completed vendor registration form is filed on its behalf by a casino licensee or applicant in accordance with N.J.A.C. 19:43-10.4.
(f) Notwithstanding (c) above, any shopkeeper or lessee of space on the premises of an approved casino hotel which is licensed as a casino service industry pursuant to N.J.S.A. 5:12-92c shall be required to file an application for renewal of such license in accordance with (a) above.
Amended by R. 1981 d. 273, effective August 6, 1981. See: 12 N.J.R. 447(a), 13 N.J.R. 534(a). (a): Added "pursuant to N.J.S.A. 5:12-92a"; added "licensure . . . For three years"; "120 days" was "one month". Amended by R. 1989 d. 281, effective June 5, 1989. See: 21 N.J.R. 705(a), 21 N.J.R. 1525(a). Licensure term changed to two years for all licenses after the first two renewals. Grant of license to be reconsidered at any time, on Division request. Amended by R. 1992 d. 412, effective October 19, 1992. See: 24 N.J.R. 2695(b), 24 N.J.R. 3738(a). Cite to N.J.S.A. 5:12-102 added. Amended by R. 1993 d. 495, effective October 4, 1993. See: 25 N.J.R. 2662(a), 25 N.J.R. 4625(a). Amended by R. 1994 d. 216, effective May 2, 1994. See: 26 N.J.R. 780(a), 26 N.J.R. 1846(a). Amended by R. 1994 d. 343, effective July 5, 1994. See: 26 N.J.R. 1617(a), 26 N.J.R. 2803(a). Administrative Correction. See: 26 N.J.R. 3466(a). Administrative Correction. See: 26 N.J.R. 3894(b). Amended by R. 1995 d. 282, effective June 5, 1995. See: 27 N.J.R. 1171(a), 27 N.J.R. 2251(a). Amended by R. 2009 d. 268, effective September 8, 2009. See: 41 N.J.R. 2227(a), 41 N.J.R. 3314(a). In (a), substituted "three" for "two", "five" for "four" twice, and "four" for "three", and deleted "5:12-" preceding "102".