N.J. Admin. Code § 13:69D-1.9

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:69D-1.9 - Complimentary services or items

(a) No casino licensee may offer or provide any complimentary services, gifts, cash, or other items of value ("complimentary") to any person except as authorized by N.J.S.A. 5:12-102(m). A complimentary is a service or item provided directly or indirectly by a casino licensee to the public or to patrons at no cost or at a reduced price. A casino licensee may provide a complimentary either individually or through a bus coupon or other complimentary distribution program.

(b) Each casino licensee shall prepare and maintain internal controls for the authorization and issuance of complimentaries for all complimentary programs that shall include without limitation:

1. A list of employees authorized to issue complimentaries including any dollar limitations and any conditions or limitations that may apply to such authority including limits based on relationships between the authorizer and recipient; and

2. For a complimentary distribution program:

i. The manner by which the information describing the complimentary distribution program is made available to the public in the casino or casino simulcasting facility. Such information shall be available at all times that the complimentary distribution program is being conducted; and

ii. Procedures describing the manner by which the casino licensee will reconcile complimentary distribution program offers issued, voided, adjusted, and redeemed.

(c) A casino licensee shall not permit:

1. The issuance of a complimentary from the table inventory in a table game, the keno writer's drawer in keno, the pari-mutuel cashier's drawer the simulcast vault in simulcasting, or a slot machine hopper or hopper storage area; and

2. The inclusion of any complimentary in calculating whether the payout on a slot machine satisfies the machine payout requirements of N.J.S.A. 5:12-100(e).

(d) A casino licensee shall maintain a complimentary service database for all individually issued complimentaries. The database shall be accessible to and in a format acceptable by the Division. All individually issued complimentaries shall be recorded as follows:

1. A complimentary provided directly to patrons in the normal course of a licensee's business shall be recorded at an amount based upon the full retail price normally charged for such service or item by the licensee;

2. A complimentary not offered for sale to patrons in the normal course of a licensee's business but provided directly by the licensee shall be recorded at an amount based upon the actual cost to the licensee of providing such service or item;

3. A complimentary provided directly or indirectly to a patron on behalf of a licensee by a third party not affiliated with the licensee shall be recorded at an amount based upon the actual cost to the licensee of having the third party provide such service or item; and

4. A complimentary provided directly or indirectly to a patron on behalf of a licensee by a third party who is affiliated with the licensee shall be recorded by the licensee in accordance with the provisions of this section as if the affiliated third party were the licensee.

(e) The issuance of cash or non-cash complimentaries shall be supported by documentation which, at a minimum, includes:

1. The date;

2. The patron name;

3. The value as calculated in accordance with (d) above;

4. The description of the complimentary;

5. The name and signature of person authorizing the complimentary;

6. The reason the complimentary was issued; and

7. The patron signature, except that cash complimentaries converted to cashable or non-cashable electronic funds do not require a patron signature.

(f) The casino licensee shall prepare a quarterly report summarizing both the dollar amount of and number of persons provided with each category of complimentary. Such report shall be filed electronically with the Division in a format prescribed by the Division.

(g) All complimentary cash gifts shall be disbursed directly to the patron by a general cashier at the cashiers' cage or as otherwise provided in the casino licensee's internal controls after receipt of documentation.

(h) A casino licensee may, upon receipt of a written request, including fax or e-mail, from a patron and, in accordance with internal controls, credit a cash complimentary directly to:

1. The payment of any outstanding Counter Checks or Slot Counter Checks issued by the patron and held by that casino licensee;

2. The payment of any returned checks issued by the patron and held by that casino licensee; or

3. The establishment or increase of a cash deposit held for the benefit of the patron.

(i) The written request required pursuant to (h) above shall be attached to documentation of the cash complimentary. The written request shall include, at a minimum, the following:

1. The date of the request;

2. The patron's name and account number;

3. The manner in which the cash complimentary is to be credited; and

4. The signature of or affirmation by the patron.

(j) Prior to the crediting of any complimentary cash gift to the payment of an outstanding counter check, slot counter check, or returned check, the general cashier or check cashier shall verify that the name and account information, including, where applicable, the signature of the patron on the request, agrees with the patron information in a patron identification file.

(k) All coupons issued pursuant to a complimentary distribution program shall be printed with a description of what is being offered, the locations where it may be redeemed, and either a statement specifying the date on which the coupon expires or some other means to indicate the expiration date. For all promotional gaming chips issued to patrons, the casino licensee shall provide, in writing, a description of the complimentary distribution program, the locations where they may be wagered, and a disclaimer that the program may be discontinued. A casino licensee may choose not to accept a promotional gaming chip as a wager.

(l) No casino licensee shall issue a revenue related coupon or promotional gaming chip unless the coupon or promotional gaming chip is designed and printed or manufactured so that the denomination and type of the coupon or promotional gaming chip is clearly visible from the closed circuit television system when accepted or wagered at a gaming table or a slot machine. A match play coupon shall contain an area designated for the placement thereon of the required gaming chips, which area shall be located on the coupon so as not to obscure or interfere with visibility of the type and denomination of the coupon.

(m) All revenue related coupons shall be forwarded on a daily basis to the accounting department where they shall be, at a minimum:

1. Verified for proper calculation, summarization and recording on documentation including, without limitation, the Master Game Report or Slot Win Sheet; and

2. Reconciled by the total number of coupons distributed to patrons, voided, unused and total number redeemed.

(n) Any discrepancies or variances identified in (m) above shall be immediately reported to the casino controller and the Division. An investigation shall be conducted by the accounting department to determine the actual or probable cause of the discrepancy or variance.

(o) A casino licensee shall not cancel a complimentary distribution program without providing five days notice to the public or in an emergent situation upon notification to the Division.

(p) Whenever a promotional gaming chip is distributed to a patron, the casino licensee shall maintain documentation that shall include the following:

1. Date of issuance;

2. Name of patron receiving the chip(s);

3. Denomination(s) of the chip(s) issued;

4. Total value of the chip(s) issued; and

5. Name, signature, and the department of the issuer.

N.J. Admin. Code § 13:69D-1.9

Amended by 47 N.J.R. 1954(a), effective 8/3/2015

Amended by 50 N.J.R. 612(b), effective 1/16/2018

Amended by 56 N.J.R. 1182(b), effective 7/1/2024