N.J. Admin. Code § 13:69I-2.2

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:69I-2.2 - Additional operating conditions of CHAB licensees

(a) No employees or agents of a CHAB licensee shall consume alcoholic beverages during their hours of employment or agency at the casino or on or about a CHAB licensed premises, including on the casino floor.

(b) Notwithstanding (a) above, the Division may, upon request by a CHAB licensee, grant approval for certain persons to consume alcoholic beverages during their hours of employment for job-related reasons provided (b)1 through 5 below occur.

1. Such request specifies the position of all employees for whom approval is requested and the reason for the requested relief.

2. The CHAB licensee maintains on the licensed premises a complete list of all persons for whom approval is granted and the date of approval.

3. The CHAB licensee submits a copy of the list maintained pursuant to (b)2 above to the Division's principal office located in Atlantic City, by 5:00 P.M. on December 31 of each calendar year for the forthcoming year and supplements such list throughout the year with the information in (b)1 and 2 above for any new or additional employee for whom authorization is sought.

4. The persons for whom such relief is requested are not employed in the casino games, surveillance, or security departments.

5. Such annual and supplemental requests shall be deemed to be approved unless an objection is made by the Division not later than five days after its receipt of the annual or supplemental list. Notwithstanding the above, no CHAB licensee shall allow or permit any actually or apparently intoxicated person to work in any capacity in, on, or about its CHAB licensed premises, including on the casino floor.

(c) No CHAB licensee shall create, expand, close or change the name or type of a CHAB location without notifying the Division in writing, as follows:

1. Creation, expansion or change in type of CHAB authorization: A petition for approval must be submitted at least 10 business days prior to construction or use of the CHAB location, whichever comes first, and shall include the name of the location, the floor of the premises where it is located, the type or types of CHAB authorizations, and a floor plan of the location.

2. Permanent closure of a CHAB location: notification must be filed within five business days after closure.

3. Change in name of a CHAB location: notification must be filed within five business days after change.

(d) Combination sales of any kind, consisting of more than one article, whether it be an alcoholic beverage or something else, at a single aggregate price are prohibited, except for:

1. A combination sale consisting of alcoholic beverages, as long as the alcoholic beverages included as part of the combination sale are not sold below cost, and: admission to a show; a meal; the use of a table, cabana, amenity, or similar facility where a use, rental, or admission fee is charged; a promotion package including, but not limited to, a room special, meal, a weekend, honeymoon, or other similar specialty promotional package for hotel or day guests; provided that the alcoholic beverages shall not be advertised as "free," but may be advertised as "included" or "complimentary" and complimentary non-alcoholic beverages are available and offered as an alternative to the complimentary alcoholic beverages; or

2. A combination sale that includes a complimentary bottle of distilled spirits, champagne, or wine in its original container (not exceeding 750 ml.) as part of a room special, meal, weekend, honeymoon, or other specialty promotional package for hotel guests.

(e) No CHAB licensee shall, directly or indirectly, allow, permit, or suffer any practice or promotion that:

1. Offers to the public-at-large unlimited availability of any alcoholic beverage for a set price, except on New Year's Eve or as part of a special event authorized in the sole discretion of the Division Director contingent upon conditions to be imposed by the Director;

i. Any special event authorization approval pursuant to (e)1 above will require a filing by the licensee at least 30 days prior to the event, which includes:

(1) Certifications signed by the licensee's general counsel and the general manager or director of food and beverage;

(2) A security plan; and

(3) Such other information as may be required by the Division.

ii. The Director shall, during any calendar year, authorize a maximum of 15 special events, including New Year's Eve, per casino hotel alcoholic beverage licensee;

2. Offers to a patron or consumer a free drink, gift, prize or anything of value, conditioned upon the purchase of an alcoholic beverage or product, except branded or unique glassware or souvenirs in connection with a single purchase; or

3. Requires or allows a consumer to prepurchase more than one drink or product at a time via tickets, tokens, admission fees, two for one, or the like, as a condition for entry into its premises or its authorized location, or as a requirement for service or entertainment therein; provided, however, that on New Year's Eve a patron may prepurchase no more than two drinks at a time.

(f) No CHAB licensee shall sell or offer to sell alcoholic beverages at a price below "cost," as defined by the Division of Alcoholic Beverage Control, except that CHAB licensees may serve complimentary alcoholic beverages as follows:

1. In Type I (casino/casino simulcasting facility) authorized locations, at a patron's request, pursuant to Section 103g(1) of the Act;

2. In Type II (hotel), Type III (package goods) or Type IV (room service) authorized locations, pursuant to Sections 99 and 102 of the Act and the Division's rules concerning complimentaries;

3. In conjunction with certain combination sales, pursuant to subsection (d) above;

4. Using free drink coupons, distributed to the general public pursuant to Bulletin 2452 (1988) of the Division of Alcoholic Beverage Control; or

5. A CHAB licensee holding a restricted brewery or distillery authorization may offer, without charge, samples of no more than five ounces of any malt alcoholic beverage brewed on the premises or one half ounce of any alcoholic beverage distilled on the premises, limited to one sample per customer per day of each such beverage.

(g) No CHAB licensee shall discharge, suspend, discipline or demote an employee, or take any other action which would be adverse to the terms and conditions of his or her employment, by reason of the refusal of the employee, with regard to any person who is actually or apparently intoxicated, to:

1. Serve, or allow, permit or suffer the service of alcoholic beverages to such person;

2. Allow, permit or suffer the consumption of any alcoholic beverage in or upon the licensed premises by such person;

3. Deal any game, or allow, permit or suffer the dealing of a game to such person; or

4. Allow, permit or suffer the placement of a wager by such person.

(h) At the request of a CHAB licensee or any patron or employee thereof, any agent of the Division may observe and document, request a videotape or otherwise record the physical condition, appearance and activities of any person who is or is claimed to be actually or apparently intoxicated.

(i) It shall be the affirmative responsibility of each CHAB licensee to comply with the requirements of N.J.A.C. 13:69C-9.2.

(j) All CHAB licensees shall maintain their locations in a secure manner.

N.J. Admin. Code § 13:69I-2.2

Amended by 50 N.J.R. 622(b), effective 1/16/2018

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