S1567

An Act concerning off-track wagering facilities and amending P.L.2001, c.199.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 6 of P.L.2001, c.199 (C.5:5-132) is amended to read as follows:

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 commission, within 45 days of receipt of a completed application, certification and applicable fees, shall hold a public hearing in the municipality in which the proposed off-track wagering facility is to be located, and in any municipality contiguous to the site on which the proposed facility is to be located. The costs of the public hearing or hearings shall be paid by the applicant. The executive director shall cause a display advertisement, approximately 11 inches by 8 inches in size, to be published at least once in a daily newspaper, and at least once in a weekly newspaper, published, or circulated if none is published, in the county where [the] each municipality in which a hearing will be held is located at least 15 days before the date of [the] a public hearing and to be published again in [that] each daily newspaper on the third day preceding [the] a public hearing and in the latest edition of [that] each weekly newspaper that will be in circulation on the third day preceding [the] a public hearing. The advertisement shall contain sufficient information to apprise the public as to the purpose of the hearing, the time and place thereof, and the nature of the license applied for. The advertisement shall be prepared and placed by the executive director, but shall be paid for by the applicant.

(cf: P.L.2011, c.26, s.5)

2. Section 7 of P.L.2001, c.199 (C.5:5-133) is amended to read as follows:

7. a. No sooner than 30 days nor later than 60 days following the last public hearing held, the commission shall make a final determination on the license application. The commission shall approve the application if it determines that the plan for the proposed facility includes appropriate standards of quality for the premises and services it will provide and that the applicant has demonstrated by clear and convincing evidence that establishment
of the proposed off-track wagering facility will not be inimical to the interests of the public and the horse racing industry in this State. The commission shall submit its determination to the Attorney General for review and approval. The determination of the commission shall be deemed approved by the Attorney General if not affirmatively approved or disapproved by the Attorney General within 14 days of the date of submission. The decision of the Attorney General shall be deemed a final decision. Upon approval by the Attorney General, the commission shall issue to the applicant an off-track wagering license specifying the location, the periods of time during a calendar year and the hours of operation during which off-track wagering is permitted at the facility, and prescribing any other conditions or terms the commission deems appropriate.

b. With the approval of the commission, the authority may assign an off-track wagering license to a permit holder, provided that the authority shall retain responsibility for license renewals. In the event the authority assigns an off-track wagering license, the assignee shall reimburse the authority for its costs associated with the application for the license. With the approval of the commission, an off-track wagering licensee may enter into a contract or agreement with a person or entity to conduct or operate an off-track wagering facility for the licensee and to act as the agent of the licensee in all off-track wagering matters approved by the commission.

(cf: P.L.2011, c.26, s.6)

3. This act shall take effect immediately.

STATEMENT

Currently, the Racing Commission is required to hold a public hearing in a municipality where a proposed off-track wagering facility is to be located. This bill would require that a public hearing also be held in any municipality that is contiguous to the site on which the proposed facility is to be located.

The sponsor believes that the residents of municipalities contiguous to proposed off-track wagering facilities, whose quality of life and community will be affected by the proposed facilities, have a right to have their concerns heard in an open, public forum before a final decision is made on whether the proposed facility should move forward.