N.J. Admin. Code § 12A:130-2.5
Current through Register Vol. 57, No. 1, January 6, 2025
Section 12A:130-2.5 - Scheduling protection(a) Scheduling protection may, at the sole discretion of the ACCCA, be granted to events that possess a clear and obvious conflict in that they are, in the opinion of ACCCA, substantially similar events. 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 protection shall be included in the license agreement and shall state that such events as are, in the opinion of ACCCA, substantially similar shall not, except as otherwise provided in this subchapter, be scheduled within a total of 60 days around one particular event. The period of time within which an event will be protected from substantially similar events may be arranged with some flexibility by ACCCA; however, ACCCA shall not, without good cause (in determining whether good cause exists, ACCCA shall rely on an analysis of the evaluative factors set forth in N.J.A.C. 12A:130-2.1(b) ), schedule an event without providing a period of: 1. 45 consecutive days before the particular event and 15 consecutive days after the particular event when no substantially similar event is scheduled; or2. 45 consecutive days after the particular event and 15 consecutive days before the particular event when no substantially similar event is scheduled. EXAMPLE 1: By way of example of the provisions of (a)1 above, if an event called "Y" is substantially similar to events called "X" and "Z" then "Y" may be scheduled on August 16th if "X" were scheduled on July 1st and "Z" were scheduled on September 4th of the same year. This scheduling would comply with this rule since there is no substantially similar event for a period of at least 45 days before the event "Y" and no substantially similar event for a period of at least 15 days after the event "Y." There is also a total of more than 60 days around the event "Y" when no substantially similar event is scheduled.
EXAMPLE 2: By way of example of the provisions of (a)2 above, if an event called "B" is substantially similar to events called "A" and "C" then "B" may be scheduled on July 16th if "A" were scheduled on June 30th and "C" were scheduled on September 3rd of the same year. This scheduling would comply with this rule since there is no substantially similar event for a period of at least 45 days after the event "B" and no substantially similar event for a period of at least 15 days before the event "B." There is also a total of more than 60 days around the event "B" when no substantially similar event is scheduled.
N.J. Admin. Code § 12A:130-2.5