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13 N.J.A.R. 519

Industrial Equity (Pacific) Ltd., et al.; Division of Gaming v
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Citation: 13 N.J.A.R. 519
Decision Date: 1989
Synopsis: Respondent's request for an extension of time to file an application for interim casino authorization (ICA) received a three-to-one vote by the Casino Control Commission, which was sitting with one vacant position. The Division of Gaming Enforcement contended that four votes were required to carry the motion. Section 73d of the Casino Control Act provides that a majority of the full Commission shall determine any action, 'except that no casino license or interim casino authorization may be issued without the approval of four members.' The Commission concluded that four votes are required for an extension of time to file for an ICA. The Commission has always required four votes for approval of any integral component of a casino license. Because of ICA substitutes on an interim basis for a casino license or finding of qualification, the same voting requirements should apply. Likewise, if four votes are required to grant an ICA, a lesser number should not be permitted to allow an applicant to extend the time to comply with ICA requirements. Section 73d also provides that if a vacancy has existed on the Commission for more than 60 days, a majority of the full Commission may determine any action. Therefore, respondent requested a rehearing so that its application for an extension could be considered after the vacancy existed for 60 days, thus permitting the motion to carry by three votes. The Commission rejected this request, noting that reheatings may be permitted only in exceptional situations such as when there is a change in the facts or law applicable to the matter. If reheatings were permitted because of changes in voting requirements, the purpose of providing a 60-day period before the Commission can act by three votes would be negated. Tllis would result in reheating all matters decided by a three-to-one vote during the 60day period after a Commission vacancy occurs. The Commission concluded that the Legislature did not intend that result. Mark D. Schorr, Esq., (Hannoch Weisman, attorneys) for Industrial Equity (Pacific) Limited and Auckland Pension Funds Limited Brian D. Spector, Esq., (Ribis, Graham, Verdon & Curfin, attorneys) for The Clafidge at Park Place, Incorporated, The Clafidge Hotel and Casino Corporation, Del Webb Corporation, and Del E. Webb New Jersey, Inc. James C. Fogarty, Deputy Attorney General, for the Division of Gaming Enforcement.
Statute(s) Cited: 5:12-73d 5:12-107d