N.J. Admin. Code § 13:69C-10.5

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:69C-10.5 - Exemption from registration

(a) The Division may, upon the written request of a casino licensee or applicant or on its own initiative, exempt a transaction from the filing requirements in N.J.A.C. 13:69C-10.4 if the Division determines that the filing of a Vendor Registration Form (VRF) is not necessary to protect the public interest and further the policies set forth in Sections 1(b)6, 1(b)9, 92 and 104 of the Act. In making such a determination the Division shall consider, without limitation, the following:

1. The nature of the goods or services provided or the business transacted;

2. The nature of the enterprise providing the goods or services or transacting the business with the casino licensee or applicant; and

3. Whether such person is otherwise regulated by the Act, the Commission or the Division.

(b) The following transactions shall be deemed exempt pursuant to (a) above unless the filing of a VRF is otherwise directed by the Division:

1. Contributions to non-profit charitable corporations or organizations, provided that no consideration is received for the contribution;

2. Direct payments to guests or guests and their representatives pursuant to a court order or stipulation of settlement, for settlement of guest losses or guest refunds, or for payments in lieu of litigation;

3. Payments by the casino licensee or applicant for the following:

i. Payments for travel expenses incurred by an employee of the casino licensee or applicant in the conduct of the employer's business, which shall include the employee's lodging, meals, transportation and related expenses;

ii. Payments to prospective employees for reimbursement of travel expenses incurred as a result of the employment interview; and

iii. Payments for tuition, training seminars, publication subscriptions, conference registrations or membership dues for professional associations that will directly contribute to the work performance or professional development of the employee;

4. Payments received from an employee of the casino licensee or applicant for purchases of obsolete hotel property or supplies for personal use or payments made to or received from sister subsidiary or holding companies that are licensed in other gaming jurisdictions;

5. Payments to government agencies for goods or services provided under statutory or other legal mandate, or for taxes, assessments, fines, garnishments, licensing fees, payments to public utilities, or payments to non-gaming-related entities licensed by United States Federal agencies. Payments to non-gaming-related entities licensed by a New Jersey State agency or by any other State agency as the Division, in its sole discretion, may determine to be consistent with the public interest and policies of the Act;

6. Payments to or from individuals or enterprises pursuant to compliance with state or Federal law;

7. Payments by a third party manufacturer for rebates to a casino licensee or applicant for prior purchase of goods or services from licensed or registered vendors;

8. Payments for freight charges to freight transporters selected by the vendor for delivering goods C.O.D. or freight collect, payments for the shipment of non-gaming goods, payments for fuel for company vehicles, payments for airport fees, or payments to commercial airlines for airfare;

9. Transactions with travel industry enterprises that purchase or order lodging, meals, or other accommodations at a prededucted or gross commission rate which does not exceed 10 percent of cost;

10. Payments to any person required to qualify pursuant to 5:12-85.1, which are a result of agreements pertaining to such person's status as a financial source or qualifier;

11. Payments to labor organizations, unions, and affiliates registered pursuant to N.J.S.A. 5:12-93 for employee dues and benefits programs or payments for non-Internet gaming related professional services, including, but not limited to, medical, legal, and accounting services; and

12. Payments to the same vendor by an individual casino licensee or applicant for goods and services totaling less than $ 25,000 in the same calendar year, made pursuant to a contract or purchase agreement with that vendor for less than $ 25,000 or where the payment is for non-gaming commercial off-the-shelf products.

N.J. Admin. Code § 13:69C-10.5

Amended by 49 N.J.R. 3779(b), effective 12/4/2017