Current through Register Vol. 56, No. 21, November 4, 2024
Section 13:74-4.2 - Operation of off-track wagering facility, or account wagering system or facility, by person or entity other than the account wagering licensee(a) With the prior approval of the Commission, the off-track wagering licensee may enter into a written contract or written agreement with a person or entity to conduct or operate an off-track wagering facility for it, or to act as its agent in all off-track wagering matters approved by the Commission, and the account wagering licensee may enter into a written contract or agreement with a person or entity to conduct or operate an account wagering system or facility for it, and to act as its agent in all off-track wagering matters approved by the Commission.(b) Prior to acting upon an application to approve such a written contract or agreement, the Commission shall initiate and conduct an investigation into the qualifications of the person or entity subject of the application, at cost to such person or entity. The Commission shall not approve any such written contract or written agreement unless the person or entity who is proposed to conduct or operate the off-track wagering facility or account wagering system or facility, as the case may be, is determined qualified to hold a license by the Commission to engage in such activities.(c) The Commission shall not approve any such contract or written agreement unless the person or entity who is proposed to conduct or operate the off-track wagering facility or account wagering system or facility, as the case may be, demonstrates by clear and convincing evidence that it is qualified to perform the function subject of the written contract or written agreement between it and the off-track wagering licensee or account wagering licensee.(d) The Commission may prescribe such conditions and terms, as the Commission deems appropriate, in approving any contract or written agreement pursuant to this section.(e) Unless otherwise approved by the Commission, and in addition to the requirements imposed upon the holder of the off-track wagering license or account wagering licensee by the Act and this chapter as concerns the particular functions to be assumed, a person or entity approved by the Commission to perform or act on behalf of either such licensee shall be responsible for the regulatory requirements and conditions imposed previously upon the off-track wagering licensee or account wagering licensee, as the case may be, as concerns the particular functions assumed by such person or entity.N.J. Admin. Code § 13:74-4.2