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Whelan Bill To Exempt Beach Bars From Noise Control Ordinances Signed Into Law

Exemption Would Benefit Casino Industry in Atlantic City During Summer Tourism Season

TRENTON – A bill sponsored by Senator Jim Whelan that creates a blanket exemption for beach bars within the Atlantic City Tourism (ACT) district from the restrictions of the “Noise Control Act of 1971” and other local noise control ordinances has been signed into law.

“Since casinos began operating beach bars on the shoreline of Atlantic City, they have become a staple that attracts tourists and provides entertainment – all without disruption to the surrounding neighborhoods,” said Senator Whelan, D-Atlantic. “With the enactment of this law, we have leveled the playing field for all casinos to construct beach bars no matter when they are built. This law gives casinos the freedom to establish these beach-front bars that will attract new customers and strengthen the tourism and gaming industry in Atlantic City, without having to conform to noise control laws, which frankly aren’t necessary for the area in which these beach bars are located.”

The law, S-1754, eliminates the requirement that a beach bar must have been in existence and operating as of August 31, 2011 in order to qualify for an exemption from the restrictions of the “Noise Control Act of 1971.” Under the 2011 statute, a beach bar, amusement park or carnival ride that was operational as of August 31, 2011 would be exempt from the state noise control law during “normal business hours” as defined by the Department of Environmental Protection (DEP). S-1754 amends the 2011 statute to exempt all beach bars in the ACT district from any noise control standards, including local ordinances, and removes the limitation in the law concerning “normal business hours” to get DEP out of the area of enforcing hours of operation.

The law takes effect immediately. It was approved by the Senate in June with a vote of 39-0 and in the Assembly in January with a vote of 73-1.

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