New Jersey § 5:12-219

§ 5:12-219.

a. (1) There shall be established by resolution of the authority the Atlantic City

Tourism District, which shall consist of those lands within Atlantic City that comprise

an area to be designated by the resolution. The area so designated shall include the facilities comprising licensed Atlantic City

casinos, casino hotels, and any appurtenant property, any property under the ownership

or control of the authority, the Atlantic City Special Improvement District established

by ordinance of the City of Atlantic City, any property under the ownership or control

of the convention center authority prior to the transfer date, any property within

Atlantic City under the ownership or control of the New Jersey Sports and Exposition

Authority established pursuant to P.L.1971, c. 137 ( C.5:10-1 et seq. ) prior to the transfer date, the Atlantic City Convention Center, Boardwalk Hall

and any part of the property consisting of the Atlantic City convention center project

prior to the transfer date, and any specified part of Atlantic City which the authority

finds by resolution to be an area in which the majority of private entities are engaged

primarily in the tourism trade, and the majority of public entities, if any, serve

the tourism industry. Notwithstanding section 7 of P.L.1984, c. 218 ( C.5:12-155 ), the authority shall adopt the resolution by an affirmative vote of two-thirds of

the voting members of the authority no more than 90 days after the effective date

of P.L.2011, c. 18 ( C.5:12-218 et al.). Notwithstanding section 7 of P.L.1984, c. 218 ( C.5:12-155 ) , adoption by the authority of any subsequent resolution to revise, in a manner consistent

with this subsection, the area designated as comprising the tourism district shall

also be by an affirmative vote of two-thirds of the voting members of the authority. (2) If, on the 91st day after the effective date of P.L.2011, c. 18 ( C.5:12-218 et al.), the authority has not adopted the resolution establishing the tourism district

as provided pursuant to paragraph (1) of this subsection, the authority shall carry

out the purposes of P.L.2011, c. 18 ( C.5:12-218 et al.) within the following areas of Atlantic City: (a) the area known as Bader Field; (b) the area known as the Marina District beginning at a point north of White Horse

Pike and continuing northwesterly along State Route 87 and Huron Avenue, and the casinos

and hotels adjacent thereto, and bounded to the east by the body of water known as

Clam Thorofare and bounded to the west by Huron Avenue and which area shall also encompass

the area known as Farley Marina; and (c) all that certain area bounded by a line, having as its point of origin the intersection

of Kingston Avenue and Ventnor Avenue, which line of boundary proceeds from that point

of origin as follows: Northeasterly along Ventnor Avenue to its junction with Capt. John A. O'Donnell Parkway; Thence northeasterly along that Parkway to its intersection with Atlantic Avenue; Thence northeasterly along Atlantic Avenue to its junction with Florida Avenue; Thence northwesterly along Florida Avenue to its junction with North Turnpike Road; Thence northwesterly along North Turnpike Road to its junction with Sunset Avenue; Thence along Sunset Avenue as it curves to its intersection with Mediterranean Avenue; Thence northeasterly along Mediterranean Avenue to its junction with North Mississippi

Avenue; Thence continuing southeasterly along North Mississippi Avenue to its junction with

Fairmont Avenue; Thence northeasterly along Fairmount Avenue to its intersection with Christopher Columbus

Boulevard; Thence northwesterly along Christopher Columbus Boulevard to the point at which it

borders the Atlantic City Expressway, to its junction with the Atlantic City Expressway

and Arkansas Avenue; Thence continuing westerly and northerly along the perimeter of the Atlantic City

Expressway along the points of that perimeter to the point at which the perimeter

is parallel to the northwest facing perimeter of the property encompassing the Atlantic

City Convention Center; Thence continuing southerly and westerly along the northwest facing perimeter of the

property encompassing the Atlantic City Convention Center to the point at which such

property, and any property immediately adjacent thereto, intersects with Bacharach

Boulevard; Thence continuing southerly and easterly along Bacharach Boulevard to its junction

with Arctic Avenue; Thence continuing northeasterly along Arctic Avenue to its junction with Tennessee

Avenue; Thence continuing southeasterly along Tennessee Avenue to its junction with Atlantic

Avenue; Thence continuing northeasterly along Atlantic Avenue at a width extending westerly

of 100 feet from all points along the western side of Atlantic Avenue to its junction

with Maine Avenue; Thence continuing from the intersection of Maine Avenue and Atlantic Avenue easterly

in a line extending through the Boardwalk and beach, to the tidal shore of Atlantic

City; Thence continuing from the intersection of the end point of that line and the tidal

shore, southerly along the tidal shores as it jogs and curves to the point the tidal

shore turns to a southwesterly direction; Thence continuing along such southwesterly direction of the tidal shores as it jogs

and curves to the point on the tidal shore at which the shoreline would intersect

with a straight-line projection oceanward of southern Kingston Avenue; Thence continuing northerly and westerly along Kingston Avenue to its junction with

Ventnor Avenue. b. Upon and after the adoption, pursuant to subsection a. of this section, of the

resolution establishing the tourism district, or upon and after the establishment

of the tourism district under paragraph (2) of subsection a. of this section, as appropriate

the authority shall have jurisdiction within the tourism district to impose land use

regulations, implement development and design guidelines and implement initiatives

that promote cleanliness, commercial development, and safety, undertake redevelopment

projects, and institute public safety improvements in coordination with security and

law enforcement personnel. c. (1) Notwithstanding any law, rule, or regulation to the contrary, upon and after

the adoption, pursuant to subsection a. of this section, of the resolution establishing

the tourism district, or upon and after the establishment of the tourism district

under paragraph (2) of subsection a. of this section, as appropriate, the authority

shall have, in conjunction with the appropriate road and highway authority or authorities,

as appropriate, jurisdiction with respect to the approval of development projects

upon those roads and highways over which such road and highway authority or authorities

have jurisdiction as of the date of enactment of P.L.2011, c. 18 ( C.5:12-218 et al.). (2) Notwithstanding any law, rule, or regulation to the contrary, upon and after the

adoption, pursuant to subsection a. of this section, of the resolution establishing

the tourism district, or upon and after this establishment of the tourism district

under paragraph (2) of subsection a. of this section, as appropriate, the authority

shall have, with respect to the roads and highways located within the tourism district,

exclusive jurisdiction with respect to the promulgation of rules and regulations affecting

the control and direction of traffic within the tourism district. d. The authority may, by resolution, authorize the commencement of studies and the

development of preliminary plans and specifications relating to the creation and maintenance

of the tourism district. These studies and plans shall include, whenever possible, estimates of construction

and maintenance costs, and may include criteria to regulate the construction and alteration

of facades of buildings and structures in a manner which promotes unified or compatible

design. e. In furtherance of the development of an economically viable and sustainable tourism

district, the authority shall, within one year after the date of enactment of P.L.2011, c. 18 ( C.5:12-218 et al.), adopt a tourism district master plan. The authority shall initiate a joint planning process with the participation of:

State departments and agencies, corporations, commissions, boards, and, prior to the

transfer date, the convention center authority; metropolitan planning organizations;

Atlantic County; Atlantic City; and appropriate private interests. f. After the creation of the tourism district pursuant to subsection a. of this section,

the authority shall create a commission to be known as the Atlantic City Tourism District

Advisory Commission, or “ACT Commission,” consisting of members to be appointed by

the authority. Persons appointed as members of the commission shall include public officials of

Atlantic City and Atlantic County, representatives of the casino and tourism industries,

public citizens, and any other individual or organization the authority deems appropriate. The commission shall be authorized to review the authority's annual budget and the

authority's plans concerning the tourism district. The commission shall, from time to time, make recommendations to the authority concerning

the authority's development and implementation of the tourism district master plan,

and the authority shall give due consideration to those recommendations. In order to ensure coordination, compatibility, and consistency between the tourism

district master plan and the city's master plan, the authority shall consult with

the city in developing the tourism district master plan. g. The tourism district master plan shall establish goals, policies, needs, and improvement

of the tourism district, the implementation of clean and safe initiatives, and the

expansion of the Atlantic City boardwalk area to reflect an authentic New Jersey boardwalk

experience. The authority may consult with public and private entities, including, but not limited

to, those entities that are present in, or that have been involved with the development

of, boardwalk areas in New Jersey such as the boardwalk areas of Ocean City, the Wildwoods,

and Cape May. h. In developing the tourism district master plan, the authority shall place special

emphasis upon the following: (1) the facilitation, with minimal government direction, of the investment of private

capital in the tourism district in a manner that promotes economic development; (2) making use of marina facilities in a way that increases economic activity; (3) the development of the boardwalk area; (4) the development of the Marina District; and (5) the development of nongaming, family centered tourism related activities such

as amusement parks. i. The authority shall solicit funds from private sources to aid in support of the

tourism district. j. The authority shall administer and manage the tourism district and carry out such

additional functions as provided under P.L.2011, c. 18 ( C.5:12-218 et al.). The authority shall oversee the redevelopment of the tourism district and implementation

of the tourism district master plan. The authority shall enter into agreements with public and private entities for the

purposes of promoting the economic and general welfare of Atlantic City and the tourism

district. Any resolution adopted by the city of Atlantic City to establish a program of municipal

financial assistance, in the form of grants, loans, tax credits or abatements, or

other incentives, or to enter into an agreement providing such financial assistance,

to support a development or redevelopment project located within the tourism district

shall require the approval of the authority. If such resolution shall receive the approval of the authority, then notwithstanding

any law, rule, or order to the contrary, the program may be implemented by the mayor

without the adoption of any municipal ordinance. A program adopted pursuant to this subsection shall not be subject to repeal or suspension

by voter initiative. k. (1) Notwithstanding the provisions of any other law to the contrary, the authority shall

provide that all available assets and revenues of the authority shall be devoted to

the purposes of the tourism district and community development in Atlantic City, unless

otherwise provided by contract entered into prior to the effective date of P.L.2011, c. 18 ( C.5:12-218 et al.). (2) Notwithstanding the provisions of any other law, rule, or regulation to the contrary,

including paragraph (1) of this subsection, the authority may enter into a contract

or agreement with the Department of Transportation, the New Jersey Transit Corporation,

the South Jersey Transportation Authority, or the New Jersey Transportation Trust

Fund Authority, established by section 4 of P.L.1984, c. 73 ( C.27:1B-4 ), to provide for, or assist in, the financing of transportation projects. For the purposes of this paragraph, “ transportation project ” means the planning, acquisition, engineering, construction, reconstruction, or improvement

of any highway transportation project or public transportation project which provides

direct access between the Atlantic City Airport and the Atlantic City Tourism District,

or the enhancement of air service at the Atlantic City Airport, or the provision of

transportation service between the Atlantic City Airport and the Atlantic City Tourism

District. l . The authority shall coordinate and collaborate with the city of Atlantic City Planning

and Zoning Departments with respect to code enforcement, planning and zoning. The authority shall coordinate and collaborate with any of the city's departments,

agencies, and authorities with respect to administrative operations relating to the

implementation of the tourism district master plan. If the city determines that it is unable to coordinate and collaborate with the

authority pursuant to this subsection, the Department of Community Affairs, shall,

at the request of the authority, assume jurisdiction over the Atlantic City Planning

and Zoning Departments and any other appropriate departments, agencies, or authorities

of the city responsible for code enforcement and administrative operations of the

city to provide that the authority shall receive necessary assistance regarding code

enforcement and administrative actions undertaken in its implementation of the tourism

district master plan. The assumption of jurisdiction by the Department of Community Affairs over any department,

agency, or authority of the city, undertaken pursuant to this subsection, shall not

be construed as affecting the jurisdiction of any such department, agency, or authority,

or of the city, with respect to regulatory control or the provision of services by

the city, unless such regulatory control or provision of services is directly related

to the provision of assistance to the authority regarding code enforcement and administrative

actions undertaken in furtherance of the implementation of the tourism district master

plan. m. Two years after the adoption of the tourism district master plan, the authority

shall conduct a formal evaluation of the plan to assess the functionality of its implementation. The authority may make any changes concerning its implementation of the master plan,

as necessary, to improve its functionality. Such changes may include the reallocation of the resources of any division under

the authority's jurisdiction and the reorganization of the functions and operations

of those entities which pertain to the tourism district master plan. The authority may make any changes concerning the employment of authority employees

which would improve the functionality of the authority's implementation of the master

plan. n. Notwithstanding any other provision of law to the contrary, the authority may,

by resolution, authorize the sale of alcoholic beverages by the holder of a plenary

retail consumption license, casino hotel alcoholic beverage permit, concessionaire

permit, or other license or permit authorized to sell alcoholic beverages in connection

with a licensed premises that is located adjacent to an open container area and may,

subject to conditions imposed by the authority as defined in section 1 of P.L.2011, c. 18 ( C.5:12-218 ) and the appropriate alcoholic beverage license issuing authority, allow a patron

who is at least 21 years of age to remove a single alcoholic beverage in an open container

for consumption within the open container area by that patron. A determination to adopt a resolution pursuant to this subsection shall be made only

after a public hearing is held by the authority on the merits of establishing an open

container area. o . Notwithstanding any other provision of law to the contrary, a pedestrian who is

at least 21 years of age may consume alcoholic beverages from an open container that

was purchased from a license holder who is authorized pursuant to subsection n. of

this section to allow the removal of open containers of alcoholic beverages from the

licensed premises.