N.J. Admin. Code § 13:69C-7.6

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:69C-7.6 - Amendment to conform to approved changes

(a) Each casino licensee shall file with the Division, in a manner and in a format prescribed by the Division, an application to amend its operation certificate whenever the casino licensee proposes to make an application to conduct keno in a public keno area in accordance with N.J.A.C. 13:69D-1.47B or a physical change to the casino, casino simulcasting facility, or a restricted area that requires Division approval in order for its original operation certificate or any approved amendments thereto to continue in full force and effect. Any amendment to the application shall be processed in accordance with this section. The application shall include, without limitation, the following:

1. A description of any proposed changes in any public keno area or in the number of authorized games, by category, to be played in the casino or casino simulcasting facility; provided, however, that the filing of an application pursuant to this section shall not preclude that casino licensee from obtaining amendments to its operation certificate pursuant to 13:69C-7.4(f);

2. A revised floor plan of the casino, casino simulcasting facility, any public keno area which includes a keno booth or satellite keno booth or restricted area reflecting the proposed change, which revised floor plan shall be:

i. Filed with the Division's Regulatory Enforcement Bureau office located in Atlantic City; and

ii. Submitted in the format required by 13:69C-7.3;

3. If applicable, a comparison showing the authorized square footage of the casino room or casino simulcasting facility:

i. Immediately prior to initiating the proposed change; and

ii. That will result if the proposed change is made;

4. A clear delineation of any proposed change to the perimeter of the casino room or, if applicable, the casino simulcasting facility;

5. A narrative from the architect who is certifying the floor plan that clearly describes the change to be made by the proposal, noting with particularity any such change to the perimeter of the casino floor or of the casino simulcasting facility; and

6. A description of any alternate gaming pit or slot zone configurations of locations, submitted in the format required at N.J.A.C. 13:69C-7.3. Prior to any change to and offering to the public of an approved alternate configuration or location:

i. The casino licensee shall provide the Division with at least 72 hours prior written notice of the change;

ii. A physical and CCTV inspection of the alternate configuration or location shall be performed and approved by the Division; and

iii. A casino may change to an approved alternate configuration upon notice to the Division after an initial inspection and approval.

(b) Within seven business days of a casino licensee filing an application governed by (a) above, or any amendments thereto, the Division shall review the proposed change set forth in the application or any amendments thereto for compliance with the Act and the rules of the Division. Unless the Division notifies the casino licensee in writing that the proposed change is to be scheduled for a full hearing by the Director or his designee or is disapproved, the casino licensee, after obtaining all approvals required by Federal, State or local government officials and providing a copy or other acceptable written evidence of such approvals to the Division, may begin implementing such change upon the earlier of the following:

1. The expiration of the seven-day period; or

2. Receipt of written Division approval for the change.

(c) The casino licensee that submitted an application governed by (a) above shall notify the Division in writing upon final completion of any proposed change set forth in the application or any amendment thereto and for which the casino licensee is prepared to seek approval pursuant to (d) below; provided, however, that a notice shall be filed upon final completion of all proposed changes. A floor plan that depicts the actual changes made shall accompany the notice and be filed in the manner prescribed by 13:69C-7.3(c). Each such floor plan shall be in a format consistent with 13:69C-7.3 and, in addition to depicting the change that is made to the applicable items enumerated in 13:69C-7.3(b), shall include updates, based on the actual changes made, for each item required to be included in the application pursuant to (a) above and described in the notice; provided, however, that a floor plan of the entire casino or casino simulcasting facility that depicts all changes proposed in the application and any amendment thereto shall accompany the notice of final completion.

(d) Promptly after the filing of a notice pursuant to (c) above, the Division shall inspect the physical changes actually made to the casino, casino simulcasting facility and any restricted area to ensure that those changes conform to the floor plan accompanying the notice and the description previously submitted to the Division, as modified by any properly filed amendments thereto. Following such inspection, the Division shall notify the casino licensee in writing as to which physical change is approved and which is rejected, whereupon:

1. The casino licensee, in the event any change is rejected, shall either:

i. Correct any rejected change to conform with the floor plan accompanying the notice and the description previously submitted to the Division, as modified by any properly filed amendments thereto, which correction shall be completed and inspected pursuant to this section;

ii. Submit for approval, pursuant to (a) above, a new application for the proposed change; or

iii. Take such other action as the Division may direct to ensure that the currently approved floor plan accurately depicts the physical layout of the casino, the casino simulcasting facility, if any, and any restricted area; and

2. The operation certificate shall be amended to conform to each inspected and approved physical change.

(e) For purposes of this subchapter, a "business day" shall be a calendar day other than:

1. A Saturday or Sunday; or

2. Any day on which the Division's main offices are closed because of Federal, State or local holiday, inclement weather, or like circumstance.

N.J. Admin. Code § 13:69C-7.6

Amended by 56 N.J.R. 1182(b), effective 7/1/2024