N.J. Admin. Code § 12A:130-2.4

Current through Register Vol. 57, No. 1, January 6, 2025

Section 12A:130-2.4 - Scheduling priorities

(a) First priority for scheduling events and the use of facilities and dates in a Venue is available to regional, national and international conventions, trade shows and similar activities that are not open to the general public and which, in the sole discretion of ACCCA, shall have a significant economic impact on the Atlantic City hospitality industry. In exercising its discretion as set forth in the preceding sentence, ACCCA shall consider the evaluative factors identified in N.J.A.C. 12A:130-2.1(b). Conventions, trade shows and similar activities held in Atlantic City on an annual basis shall be given additional preference within this category of events.

1. Date reservations for first priority events may be made as far in advance as necessary or appropriate.

2. A license agreement may be issued as far in advance as ACCCA, in its sole discretion, determines to be necessary or advisable. A prospective licensee seeking a definite booking for a first priority event shall, however, execute a license agreement at least 14 months prior to the event.

3. The total estimated rent shall be due according to the following schedule, provided that, in the event the license agreement contains a schedule of rent to be paid, the rent shall be due in accordance with the terms of the license agreement. Any remaining balance shall be paid at "settlement." Settlement shall be held at ACCCA on that date designated in the applicable license agreement:

i. 25 percent upon execution of the license agreement;

ii. 25 percent 180 days prior to the event;

iii. 25 percent 90 days prior to the event; and

iv. 25 percent 30 days prior to the event (plus 100 percent of the estimated event-related charges).

4. Events that are cancelled after a license agreement has been executed shall result in the forfeiture by the prospective licensee of all deposits and scheduled payments as liquidated damages.

(b) Next priority for scheduling events and the use of facilities and dates in a Venue is available to consumer or public exhibitions, local trade shows, corporate meetings, entertainment events and other activities that generally draw a local audience. Next priority events, however, may petition ACCCA for first priority status following a review of the economic impact to Atlantic City's hospitality industry.

1. Date reservations for next priority events may be made up to 14 months in advance. However, consumer or local trade shows, which are held on an annual basis may, at the sole discretion of ACCCA, obtain tentative scheduling on a longer-term basis. In exercising its discretion as set forth in the preceding sentence, ACCCA shall consider the evaluative factors identified in N.J.A.C. 12A:130-2.1(b). Such reservations shall, however, be subject to rescheduling in order to accommodate a first priority or other event.

2. A license agreement may be issued 14 months prior to the date(s) requested. Upon request by ACCCA eight to 14 months prior to such event, the prospective licensee shall be required to exercise its best effort to reschedule its dates in order to accommodate a first priority event.

i. 25 percent upon execution of the license agreement;

ii. 25 percent 180 days prior to the event;

iii. 25 percent 90 days prior to the event; and

iv. 25 percent 30 days prior to the event (plus 100 percent of the estimated event-related charges).

4. Events that are cancelled after a license agreement has been executed shall result in forfeiture by the prospective licensee of all deposits and scheduled payments as liquidated damages.

N.J. Admin. Code § 12A:130-2.4