Casino License

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Association with Career Offender
Vendor and its officers were disqualified because of connections with organized crime. Respondent's relationship with a career offender v, as more than an innocuous father-son association. It was an inimical relationship because of the potential for influence over a casino-related business. Decision: 12 N.J.A.R. 149
Officers of casino employe union were disqualified because of their association with a member of an organized crime cartel. That relationship was deemed inimical to the policies of the Casino Control Act. Decision: 12 N.J.A.R. 718
Bankruptcy
Mere filing for relief in bankruptcy does not prove that an applicant lacks financial stability in regard to a license renewal. Decision: 11 N.J.A.R. 382
Bribery
Service industry license application was denied because the applicant engaged in commercial bribery. Payments to a union official were bribery, not extortion, because there was no threat or coercion. The applicant should have reported the transactions to authorities. Decision: 13 N.J.A.R. 133
Business Ability
Evidence of management difficulties did not require adverse finding with respect to applicant's business ability when it was found that applicant was taking steps to improve efficiency and security. Decision: 10 N.J.A.R. 581
Conditional License
Issuance of casino license was dependent on conditions which would prevent influence and control by individuals deemed not qualified on the basis of failing to establish good character. Decision: 10 N.J.A.R. 356 Decision: 10 N.J.A.R. 581
Casino Control Commission has authority to issue casino license despite disqualified individuals, provided the license is conditioned so as to eliminate the influence of unacceptable qualifiers. In this case, two individuals failed to establish good character and did not qualify. Decision: 10 N.J.A.R. 295
Because applicant's financial condition had worsened as a result of outstanding debts, casino license was issued subject to monitoring of applicant's financial condition by the Casino Control Commission. Decision: 10 N.J.A.R. 581
Applicant met statutory requirements for licensure, but conditions were imposed, including establishing an audit committee, requiring written background reports on proposed new officers or directors and prohibiting business transactions with certain individuals. Decision: 11 N.J.A.R. 433
Disqualifying Criteria
Disqualifying criteria under Section 86 include failure to disclose information; enumerated criminal offenses; pursuit of economic gain in violation of State policy; association with career offenders; and contumacious defiance of investigative bodies. Decision: 10 N.J.A.R. 244
In considering criminal offenses, the Commission applies the laws of the time and place in which the act was done to determine whether the act constitutes a disqualifying offense. If not, no disqualification arises even if such conduct would constitute a disqualifying offense under New Jersey law. Decision: 10 N.J.A.R. 244
Applicant for casino license must affirmatively establish criteria for qualification by clear and convincing evidence, but disqualifying criteria contained in Section 86 may be established by preponderance of the evidence. Decision: 10 N.J.A.R. 244
Good Character
In determining whether an applicant has established good character, reputation evidence may be considered but is not conclusive in itself. Decision: 10 N.J.A.R. 244
In determining whether an applicant has established good character, evidence of specific acts should be given more weight than opinion testimony regarding reputation. Decision: 10 N.J.A.R. 356
Individual qualifier was found not to demonstrate good character because of past association with individuals with ties to organized crime and because of participation in attempts to influence legislators. Decision: 10 N.J.A.R. 356
Although individual qualifiers have been involved in illegal gambling in the past, in light of the amount of time that had elapsed, those individuals would not necessarily be unqualified. More recent behavior demonstrated requisite good character. Decision: 10 N.J.A.R. 608
Good Character--Corporate Applicant
Integrity of corporate applicant is measured by the integrity of persons controlling the company. Even if only one person engages in improprieties, the entire corporate entity could be found not qualified if other persons in control ratified or tolerated the improper conduct. Decision: 10 N.J.A.R. 356
Because "sensitive payments" to foreign officials did not violate the law and because the company had instituted new policies to regulate this activity, such prior conduct did not reflect adversely on applicant's good character. Decision: 10 N.J.A.R. 444
Although past deeds raised questions about applicant's qualifications, those past improprieties should be viewed in light of new personnel, policies and procedures. New management of corporate applicant demonstrated requisite good character. Decision: 10 N.J.A.R. 563 Decision: 10 N.J.A.R. 444
Inimical Conduct
Whether an offense is inimical to the policies of the Casino Control Act depends on the circumstances of each case but, generally, inimical conduct means acts which undermine public confidence in casino regulation or enhance the possibility that undesirable practices may occur. Decision: 10 N.J.A.R. 244
Persons Who Must Qualify
For a corporate applicant, persons who must qualify are those who have the ability to significantly influence or control the operations of the corporation. Decision: 10 N.J.A.R. 356 Decision: 10 N.J.A.R. 295
If some individuals fail to qualify, the Commission may issue a license that is conditioned on prevent- ing influence and control by those individuals. Decision: 10 N.J.A.R. 356 Decision: 10 N.J.A.R. 581
Sections 84 and 89b(2) establish essentially the same qualifications for the corporate applicant and the persons who must qualify. Decision: 10 N.J.A.R. 295 Decision: 10 N.J.A.R. 356
No corporation which is a subsidiary shall be eligible to receive or hold a casino license unless each holding or intermediary company separately meets licensure requirements. Each officer, director and others required to qualify must meet all the standards, except residency, for a casino key employee. Decision: 10 N.J.A.R. 295
Individual who had ability to control common stock held by members of his family remained a person required to qualify, despite the fact that he was not the record holder of any of the licensee's stock. Since this individual was disqualified, the family was ordered to dispose of all stock within 60 days. Decision: 11 N.J.A.R. 407
Service Industry License
Standards to be satisfied in order to obtain a casino service industry license are set forth in Sections 92a, 92b, 86 and 89 of the CasinoControl Act. Decision: 10 N.J.A.R. 356
Disqualification is discretionary rather than mandatory when the applicant seeking a non-gaming related service industry license has committed a statutorily disqualifying offense. The Commission may consider the rehabilitation factors in sections 90h and 91d of the Casino Control Act. Decision: 12 N.J.A.R. 048
Applicant who participated in paying protection money to law enforcement officials did not establish good character required to obtain non-gaming related service industry license. Decision: 12 N.J.A.R. 048
Vendor and its officers were disqualified because of connections with organized crime. Respondent's relationship with a career offender was more than an innocuous father-son association. It was an inimical relationship because of the potential for influence over a casino-related business. Decision: 12 N.J.A.R. 149
Because the sole qualifier for the company lacked the requisite good character, honesty and integrity, the company's licensure as a casino service industry would be inimical to the policies of the Casino Control Act. The application for a service industry license was denied. Decision: 12 N.J.A.R. 379
Statutory Requirements
Applicant for casino license must affirmatively establish criteria for licensure by dear and convincing evidence. Decision: 10 N.J.A.R. 356
Applicant established by dear and convincing evidence its qualifications for a casino license. Decision: 10 N.J.A.R. 244 Decision: 10 N.J.A.R. 424 Decision: 10 N.J.A.R. 444 Decision: 10 N.J.A.R. 546 Decision: 10 N.J.A.R. 563
Applicant for casino license must affirmatively establish criteria for qualification by clear and convincing evidence, but disqualifying criteria contained in Section 86 may be established by preponderance of the evidence. Decision: 10 N.J.A.R. 244
Affirmative criteria, for qualification pursuant to Sections 84 and 89 are financial stability, integrity and responsibility; good character, honesty and integrity; and sufficient business ability and casino experience. Decision: 10 N.J.A.R. 244
Statutory Requirements--Standard of Proof
Criteria for licensure must be affirmatively established by clear and convincing evidence. Clear and convincing standard is higher than preponderance of the evidence standard, but less than criminal standard of beyond a reasonable doubt. Decision: 10 N.J.A.R. 356 Decision: 10 N.J.A.R. 295