N.J. Stat. tit. 40, ch. 54C

N.J. Stat. tit. 40, ch. 54C
in effect

N.J. Stat. § 40:54C-1 Tourist development commission; creation by ordinance; members; term of office; vacancies; service without compensation

The governing body of any municipality enacting an ordinance or ordinances authorized by section 1 of this act, shall by ordinance, establish a " Tourist Development Commission," with all or any significant part of the name of the municipality inserted. The commission shall constitute an agency and instrumentality of the municipality creating it. The commission shall consist of five members who shall be appointed by resolution of the governing body, one of whom shall be a representative of the municipality and shall advise the governing body of the work of the commission, the remaining four of whom shall be municipal licensees upon whom an additional assessment has been imposed pursuant to section 1 of this act or, if a license is issued in the name of a corporation or partnership, their representative. The commissioner representing the municipality shall serve at the pleasure of the governing body. Except as provided in section 6 of this act, the terms of office of the remaining commissioners shall be for 2 years, except that of the members first appointed, two shall be appointed for terms of 1 year and two for terms of 2 years. A vacancy on the commission occurring otherwise than by expiration of term shall be filled for the unexpired term in the same manner as the original appointment. The members shall serve without compensation in performance of their duties as members of the commission. L.1982, c. 68, s. 3, eff. July 13, 1982.

N.J. Stat. § 40:54C-2 Organization, regulation of commission

4. a. As soon as possible and in any event no later than 15 days after its appointment, the commission shall organize and hold its first meeting, fix its hours and place of meeting, and adopt rules for the conduct of its business as it may deem necessary and advisable. A majority of the members of the commission shall constitute a quorum for the transaction of business. b. The commission shall be considered a "public body" for the purpose of complying with the provisions of the "Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.), and shall be subject to the provisions thereof. c. Members of the commission shall be considered "local government officers" for the purpose of complying with the provisions of the "Local Government Ethics Law," P.L.1991, c.29 (C.40A:9-22.1 et seq.), and shall be subject to the provisions thereof. d. The commission shall be considered a "contracting unit" pursuant to the provisions of the "Local Public Contracts Law," N.J.S.40A:11-1 et seq., and shall be subject to the provisions thereof. e. The commission shall designate a location and a person for the public to contact in order to obtain information or inspect the records of the commission during regular business hours. L.1982,c.68,s.4; amended 1992,c.166,s.2.

N.J. Stat. § 40:54C-3 Disbursement authority.

5. The commission shall have exclusive authority to disburse all revenues allocated to the fund established pursuant to section 2 of P.L.1982, c.68 (C.40:52-8). It shall spend moneys from the fund in the manner it deems advisable for the purpose of publicizing and otherwise promoting the municipality it serves in order to attract tourism; however, at least 20 percent of the revenues from the fund shall be disbursed for advertising outside of the municipality to attract tourists into the municipality. The purpose of this act shall be considered a public purpose. As used in this section “advertising outside of the municipality” means and includes written, electronic, or printed advertisements, including, but not limited to, advertisements communicated by radio, television, the Internet, or other media, which are published, disseminated, circulated, or placed before the public, directly or indirectly, for the purpose of encouraging or inducing people who work or reside outside of the municipality to patronize tourist opportunities within the municipality, regardless of whether the advertisement also reaches people working or residing inside the municipality. L.1982,c.68,s.5; amended 1994,c.46,s.2; 2025, c.250.

N.J. Stat. § 40:54C-4 Records; reports; disbursements not in accordance with purpose of act

The commission shall keep records of its meetings, activities and expenditures. At any time upon the request of the governing body, and in no event less than once annually, the commission shall make a report based on its records. The governing body shall examine the report to determine whether all disbursements from the fund have been made for the purpose stated in section 5 of this act. If the governing body shall determine that disbursements were not made pursuant to the stated purpose of this act, it may, by resolution stating the reasons therefor, remove any or all members of the commission. L.1982, c. 68, s. 6, eff. July 13, 1982.

N.J. Stat. § 40:54C-4.1 Custodian

3. The chief financial officer of the municipality shall serve as the custodian of the fund established pursuant to section 2 of P.L.1982, c.68 (C.40:52-8), and shall maintain the necessary financial records required by the Director of the Division of Local Government Services in the Department of Community Affairs. L.1992,c.166,s.3.

N.J. Stat. § 40:54C-5 Joint action with other commission

Any commission created by this act in any municipality is authorized to act jointly with any commission so created in any other municipality, in furtherance of the purpose stated in section 5 of this act. L.1982, c. 68, s. 7, eff. July 13, 1982.

N.J. Stat. § 40:54C-6 Advertisements exempt from public bidding

4. The provisions of the "Local Public Contracts Law," N.J.S.40A:11-1 et seq., to the contrary notwithstanding, the purchase of, or contracting for, advertisements in periodicals, or on radio, television, or cable television by the commission, shall be exempt from public bidding; provided, however, that in awarding a contract for such advertisements, the commission shall in each instance: a. State in the resolution awarding the contract the supporting reasons for its action in the resolution awarding the contract; b. Forthwith cause to be printed once in a newspaper authorized by the commission to publish the legal advertisements thereof, a brief notice stating the nature, duration, service and amount of the contract; and c. Keep and make available for public inspection a copy of the resolution and the contract. L.1992,c.166,s.4.

N.J. Stat. § 40:54C-7 Authority of commission

5. The commission established by an ordinance authorized pursuant to section 1 of P.L.1982, c.68 (C.40:52-7), in furtherance of the 10-year master plan for the growth of tourism pursuant to the provisions of section 8 of the "Division of Travel and Tourism Act," P.L.1977, c.225 (C.34:1A-52), may: a. Apply for, receive and accept, from the United States, the State, or any other public or private source, contributions or donations of money, property, labor or other thing of value, to be held, used and applied for, or in aid of, the commission's authorized purposes pursuant to section 5 of P.L.1982, c.68 (C.40:54C-3); b. Make grants of money, property or personal services to any person, business or organization engaged in the tourist industry, upon such terms and conditions as the commission may prescribe; and c. Enter into any and all agreements or contracts, execute any and all instruments, and do or perform any and all acts necessary or convenient for the purposes of the commission to carry out any power, function or duty exercised thereby. L.1992,c.166,s.5.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026