New Jersey § 5:5-38
Full text of New Jersey New Jersey Statutes § 5:5-38, with citation guidance and answers to common questions.
§ 5:5-38.
a. Notwithstanding the provisions of section 1 of P.L.1949, c. 26 ( C.5:5-39.1 ) or any other law to the contrary, the commission may grant a special permit, to
a permit holder in good standing authorized to conduct running races in this State,
for the holding or conducting of a special steeplechase race meeting at a location
other than a racetrack, provided that the special steeplechase race meeting is conducted
in conjunction with an organization that has experience conducting steeplechase races
pursuant to section 54 of P.L.1940, c. 17 ( C.5:5-74 ), and provided that the special steeplechase race meeting is recognized by the National
Steeplechase and Hunt Association. A special permit granted pursuant to this subsection shall be subject to the jurisdiction
of the commission. b. The commission may grant only one special permit pursuant to subsection a. of this
section per calendar year, which shall be valid only for the calendar year in which
it is issued. Any running race permit holder in good standing may apply for the special permit. The number of racing days authorized pursuant to the special permit shall not exceed
two days in a calendar year. Any racing day that is run pursuant to the special permit shall count toward the
total number of racing days allotted to the running race permit holder. c. A permit holder that is granted a special permit pursuant to this section shall
keep and maintain separate books and records for the special steeplechase race meeting
to the same extent as is required of a permit holder and shall file such report and
audits as may otherwise be required on or before such date as the commission may designate. d. Sums in the parimutuel pools shall be distributed as if the special steeplechase
race meeting is held at the location for which the special permit holder holds a running
race permit, as provided in chapter 5 of Title 5 of the Revised Statutes, except that
the special permit holder may enter into a contractual agreement with the organization
with which the permit holder is conducting the special steeplechase race meeting providing
for the distribution of money that would otherwise statutorily be distributed to the
permit holder. e. Notwithstanding the provisions of any other law to the contrary, simulcasting of
a special running race meeting authorized by this section shall be conducted as if
the special running race meeting is held at the location for which the special permit
holder holds a running race permit, except that the special permit holder may also
transmit the simulcast signal to the racetrack for which the special permit holder
holds a running race permit. The simulcasting within this State of a special running race meeting authorized
by this section shall not require the consent of any horsemen's organization and shall
be made available at the industry standard rate. Upon application to and approval by the commission, the holder of a special permit
granted pursuant to subsection a. of this section may transmit simulcast horse races
of the special running race meeting to any facility outside of New Jersey with which
the special permit holder has entered into an agreement. f. Notwithstanding the provisions of section 1 of P.L.1949, c. 26 ( C.5:5-39.1 ), the conduct of a steeplechase race meeting as provided under this section, which
shall not exceed two days in a calendar year, shall not require approval by the legal
voters of the county or the municipality where the race is to be held, but the governing
body of the municipality may object to the issuance of the special permit in accordance
with this subsection. Prior to granting a special permit pursuant to subsection a. of this section, the
commission shall provide written notice to the governing body of the municipality
where the special steeplechase race meeting is to be held. The governing body may object to the issuance of the special permit by passing a
resolution within 30 days of receipt of the notice and by transmitting a copy of the
resolution to the commission, in which case the special permit shall not be issued. If the governing body does not object by passing a resolution within 30 days of
receipt of the notice, the commission may grant the special permit.
Frequently Asked Questions About New Jersey § 5:5-38
What does New Jersey Statutes § 5:5-38 cover?
Section 5:5-38 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 5:5-38?
A common citation format is "New Jersey Statutes § 5:5-38" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 5:5-38 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.