N.J. Admin. Code § 13:69A-9.19

Current through Register Vol. 56, No. 17, September 3, 2024

Section 13:69A-9.19 - Obligation to pay fees; nonrefundable nature of fees; credits

(a) Any fee obligation arising in accordance with the Act and this subchapter shall be due and payable notwithstanding the withdrawal or abandonment of any application or the termination in any manner of an existing license. In accordance with N.J.S.A. 5:12-82.c(10), each party to an agreement to lease the casino hotel or the land thereunder, to jointly own a casino hotel or the land thereunder, or to manage a casino shall also be liable for any amounts chargeable to the casino operator, except as otherwise provided in the Act.

(b) Except as otherwise provided at (e) below, amounts actually paid by an applicant or licensee in accordance with the Act and this subchapter shall be nonrefundable.

(c) Payments made by a casino licensee or racetrack that hosts sports wagering facilities and activities for its projected share pursuant to N.J.A.C. 13:69A-9.4(e) and (f) that exceed its actual share as finally determined by the Division for the fiscal year shall be credited toward the payment of additional fees by that casino licensee or racetrack that hosts sports wagering facilities and activities.

(d) Any surplus that exists in the Casino Control Fund, with a separate accounting for sports pool fees, as of the close of a fiscal year, which is not due to excess payments of projected shares collected pursuant to N.J.A.C. 13:69A-9.4(e) and (f) shall be credited toward the payment of additional fees by casino licensees or racetracks that hosts sports wagering facilities and activities. The surplus share for each casino licensee or racetrack that hosts sports wagering facilities and activities shall be proportional to the total amount of fees incurred or paid by the above-listed licensees or operations with respect to the fiscal year.

(e) Any former casino licensee or racetrack that hosts sports wagering facilities and activities that would be entitled to a credit toward the payment of additional fees pursuant to (c) or (d) above and that ceases to hold any license or is no longer an applicant and that does not owe and will not accrue additional fees or other obligations to the State pursuant to the Act may claim a refund of any amount to which it is found to be entitled to a credit.

N.J. Admin. Code § 13:69A-9.19

Special amendment, R.2018 d.137, effective 6/13/2018 (to expire March 10, 2019).
See: 50 N.J.R. 1652(a).
In (c), substituted "9.4(f) that" for "9.4(e) which"; and in (d), substituted "that" for the first and third occurrences of "which", inserted ", with a separate accounting for sports pool fees,", and updated the N.J.A.C. reference.
In accordance with N.J.S.A. 52:14B-5.1.c(2), special amendment R.2018 d.137 expired on 9/6/2019.
See: 51 N.J.R. 47(a).
Readoption of special amendment, R.2019 d.105, effective 9/5/2019.
See: 51 N.J.R. 47(a), 51 N.J.R. 1514(b).
Provisions of R.2018 d.137 readopted without change.

Amended by 56 N.J.R. 38(a), effective 1/2/2024