New Jersey § 5:12-92

§ 5:12-92.

a. (1) Any business to be conducted with a casino applicant , racetrack, or licensee by a vendor offering goods or services which directly relate to casino , racetrack, sports wagering, or gaming activity , or Internet gaming activity, including gaming equipment and simulcast wagering equipment

manufacturers, suppliers, repairers, and independent testing laboratories, and companies that supply sports wagering equipment or services, shall require licensure as a casino service industry enterprise in accordance with

the provisions of this act prior to conducting any business whatsoever with a casino

applicant , racetrack, or licensee, its employees or agents; provided, however, that upon a showing of

good cause by a casino applicant , racetrack, or licensee, the director may permit an applicant for a casino service industry enterprise

license to conduct business transactions with such casino applicant , racetrack, or licensee prior to the licensure of that casino service industry enterprise applicant

under this subsection for such periods as the division may establish by regulation. Companies providing services to casino licensees regarding Internet gaming shall,

notwithstanding any other provision of P.L.1977, c. 110 ( C.5:12-1 et seq. ), be responsible for the full cost of their licensure, including any investigative

costs. In the case of conducting an online sports pool, as that term is defined in section

1 of P.L.2018, c. 33 ( C.5:12A-10 ), a vendor that holds an existing casino service industry enterprise license shall,

upon the approval of the division, expand on any initial license granted by the division

prior to offering goods or services directly related to sports wagering or online

sports wagering activities or operations. The approval shall be in accordance with the terms and conditions set forth by the

division. (2) In addition to the requirements of paragraph (1) of this subsection, any casino

service industry enterprise intending to manufacture, sell, distribute, test or repair

slot machines within New Jersey, other than antique slot machines as defined in N.J.S.2C:37-7 , shall be licensed in accordance with the provisions of this act prior to engaging

in any such activities; provided, however, that upon a showing of good cause by a

casino applicant or licensee, the director may permit an applicant for a casino service

industry enterprise license to conduct business transactions with the casino applicant

or licensee prior to the licensure of that casino service industry enterprise applicant

under this subsection for such periods as the division may establish by regulation;

and provided further, however, that upon a showing of good cause by an applicant required

to be licensed as a casino service industry enterprise pursuant to this paragraph,

the director may permit the casino service industry enterprise applicant to initiate

the manufacture of slot machines or engage in the sale, distribution, testing or repair

of slot machines with any person other than a casino applicant or licensee, its employees

or agents, prior to the licensure of that casino service industry enterprise applicant

under this subsection. (3) Vendors providing goods and services to casino licensees or applicants ancillary

to gaming, including, without limitation, junket enterprises and junket representatives,

and any person employed by a junket enterprise or junket representative in a managerial

or supervisory position, non-casino applicants or licensees required to hold a casino

hotel alcoholic beverage license pursuant to section 103 of P.L.1977, c. 110 ( C.5:12-103 ), lessors of casino property not required to hold a casino license pursuant to section

82 of P.L.1977, c. 110 ( C.5:12-82 ), and licensors of authorized games shall be required to be licensed as an ancillary

casino service industry enterprise and shall comply with the standards set forth in

paragraph (4) of subsection c. of this section. b. Each casino service industry enterprise required to be licensed pursuant to paragraph

(1) of subsection a. of this section, as well as its owners; management and supervisory

personnel; and employees if such employees have responsibility for services to a

casino applicant or licensee, must qualify under the standards, except residency,

established for qualification of a casino key employee under this act , P.L.1977, c. 110 ( C.5:12-1 et seq. ) . c. (1) Any vendor that offers goods or services to a casino applicant or licensee

that is not included in subsection a. of this section including, but not limited to

casino site contractors and subcontractors, shopkeepers located within the approved

hotels, gaming schools that possess slot machines for the purpose of instruction,

and any non-supervisory employee of a junket enterprise licensed under paragraph (3)

of subsection a. of this section, shall be required to register with the division

in accordance with the regulations promulgated under this act, P.L.1977, c. 110 ( C.5:12-1 et seq. ). (2) Notwithstanding the provisions of paragraph (1) of this subsection, the director

may, consistent with the public interest and the policies of this act, direct that

individual vendors registered pursuant to paragraph (1) of this subsection be required

to apply for either a casino service industry enterprise license pursuant to paragraph

(1) of subsection a. of this section, or an ancillary casino service industry enterprise

license pursuant to paragraph (3) of subsection a. of this section, as directed by

the division, including, without limitation, in-State and out-of-State sending tracks

as defined in section 2 of the “Casino Simulcasting Act,” P.L.1992, c. 19 ( C.5:12-192 ); shopkeepers located within the approved hotels; and gaming schools that possess

slot machines for the purpose of instruction. The director may also order that any enterprise licensed as or required to be licensed

as an ancillary casino service industry enterprise pursuant to paragraph (3) of subsection

a. of this section be required to apply for a casino service industry enterprise license

pursuant to paragraph (1) of subsection a. of this section. The director may also, in his discretion, order that an independent software contractor

not otherwise required to be registered be either registered as a vendor pursuant

to subsection c. of this section or be licensed pursuant to either paragraph (1) or

(3) of subsection a. of this section. (3) (Deleted by amendment, P.L.2011, c. 19 ) (4) Each ancillary casino service industry enterprise required to be licensed pursuant

to paragraph (3) of subsection a. of this section, as well as its owners, management

and supervisory personnel, and employees if such employees have responsibility for

services to a casino applicant or licensee, shall establish their good character,

honesty and integrity by clear and convincing evidence and shall provide such financial

information as may be required by the division. Any enterprise required to be licensed as an ancillary casino service industry enterprise

pursuant to this section shall be permitted to transact business with a casino licensee

upon filing of the appropriate vendor registration form and application for such licensure. d. Any applicant, licensee or qualifier of a casino service industry enterprise license

or of an ancillary casino service industry enterprise license under subsection a.

of this section, and any vendor registrant under subsection c. of this section shall

be disqualified in accordance with the criteria contained in section 86 of P.L.1977, c. 110 ( C.5:12-86 ) , except that no such ancillary casino service industry enterprise license under paragraph

(3) of subsection a. of this section or vendor registration under subsection c. of

this section shall be denied or revoked if such vendor registrant can affirmatively

demonstrate rehabilitation as provided in subsection d. of section 91 of P.L.1977,

c. 110 ( C.5:12-91 ). e. No casino service industry enterprise license or ancillary casino service industry

enterprise license shall be issued pursuant to subsection a. of this section to any

person unless that person shall provide proof of valid business registration with

the Division of Revenue in the Department of the Treasury. f. (Deleted by amendment, P.L.2011, c. 19 ) g. For the purposes of this section, each applicant shall submit to the division the

name, address, fingerprints and a written consent for a criminal history record background

check to be performed, for each person required to qualify as part of the application. The division is hereby authorized to exchange fingerprint data with and receive

criminal history record information from the State Bureau of Identification in the

Division of State Police and the Federal Bureau of Investigation consistent with applicable

State and federal laws, rules and regulations. The applicant shall bear the cost for the criminal history record background check,

including all costs of administering and processing the check. The Division of State Police shall promptly notify the division in the event a current

or prospective qualifier, who was the subject of a criminal history record background

check pursuant to this section, is arrested for a crime or offense in this State after

the date the background check was performed. h. (1) Subsequent to the licensure of any entity pursuant to subsection a. of this

section, including any finding of qualification as may be required as a condition

of licensure, or the registration of any vendor pursuant to subsection c. of this

section, the director may revoke, suspend, limit, or otherwise restrict the license,

registration or qualification status upon a finding that the licensee, registrant

or qualifier is disqualified on the basis of the criteria set forth in section 86

of P.L.1977, c. 110 ( C.5:12-86 ). (2) A hearing prior to the suspension of any license, registration or qualification

issued pursuant to this section shall be a limited proceeding at which the division

shall have the affirmative obligation to demonstrate that there is a reasonable possibility

that the licensee, registrant or qualifier is disqualified on the basis of the criteria

set forth in section 86 of P.L.1977, c. 110 ( C.5:12-86 ).