New Jersey § 5:5-39

§ 5:5-39.

Any original application for a permit to hold or conduct a horse race meeting shall

be filed with the commission prior to August 1 of any year. An application shall be deemed to be original when filed each time before any such

permit has been finally granted to the applicant to hold or conduct a horse race meeting

for the first year. Within 15 days after the filing of any such original application, the commission shall

determine whether the same is in due form and meets the requirements of law in all

respects; and upon being satisfied thereof, the commission shall forthwith appoint

a time, not later than September 15 next, when a public hearing shall be held on such

application within the county wherein it is proposed to conduct the race meeting for

which the permit is sought, and shall cause a display advertisement, approximately

11 inches by 8 inches in size, to be published at least once in a daily newspaper,

and at least once in a weekly newspaper, published, or circulated if none be published,

in said county. Such advertisement shall be so published at least 15 days before the date of such

public hearing, and shall contain sufficient information to apprise the public as

to the purpose of such hearing, the time and place thereof, and the nature of the

permit applied for. Such advertisement shall be prepared and placed by the commission but shall be paid

for by the applicant. If, after such public hearing, the commission shall act favorably on such application,

its determination shall be to the effect that a permit to hold or conduct a running

race meeting or a harness race meeting, as the case may be, is provisionally granted

pending approval thereof by the legal voters of the county and of the municipality

in which it is proposed to hold or conduct such race meeting. Thereupon, but not less than 30 days before the next ensuing general election, the

commission shall in writing certify to the county clerk of the county in which it

is proposed to hold or conduct such horse race meeting that such permit has been so

provisionally granted; and such county clerk shall cause to be printed, in the same

manner as all other public questions to be submitted to the voters are by law required

to be printed, upon each sample ballot and each official ballot to be used in such

county at the next ensuing general election, the following question: “Shall ․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․ (insert running race meetings or harness race meetings, as the case may be) be permitted

in the county of ․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․ (insert name of county)?” When duly voted upon, said public question shall be deemed to be approved only if

a majority of the votes cast thereon by the legal voters of the county and also a

majority of the votes cast thereon by the legal voters of the municipality in which

it is proposed to hold or conduct such horse race meeting, shall have been cast in

favor thereof; and in the event the majority of votes cast thereon in the county

and also in the municipality shall have been cast in favor of said public question,

the commission shall, at its next meeting to be held for the consideration of applications

for dates for horse race meetings after the first year filed prior to October 15 proceed

with the application upon which the permit was provisionally granted, in the manner

provided by law for the allotment of racing dates for the ensuing year and for the

subsequent granting or issuance of a permit to hold or conduct a horse race meeting

as authorized by law. In the event a majority of the votes cast on said public question in the county or

in the municipality shall have been cast against said public question, the commission

shall in writing notify the applicant that the permit provisionally granted is canceled

and thenceforth shall be of no effect, and no permit to conduct or hold any horse

race meeting, of the nature designated in the public question so voted upon, in the

same county shall be granted unless and until, after a new application filed and public

hearing held after public notice and permit provisionally granted (following the procedure

hereinabove specified), the same public question shall again have been submitted to

the legal voters of the county, and a majority of the votes cast thereon in the county

and also in the municipality in which it is proposed to hold or conduct such horse

race meeting shall have been cast in favor thereof; provided, however, that the same

public question shall not be submitted to the legal voters of the same county oftener

than once in 5 years. The votes cast for or against said public question, whenever it shall appear upon

the ballot at any general election, shall be counted and the result thereof returned

by the election officials and a canvass of such election had and announced in the

manner now provided by law; but the result in each municipality shall be separately

tabulated in such return.