Title 58—RECREATION PENNSYLVANIA GAMING CONTROL BOARD [ 58 PA. CODE CHS. 549 and 561 ] Table Game Rules Amendments; Temporary Regulations [40 Pa.B. 5581]
[Saturday, October 2, 2010]The Pennsylvania Gaming Control Board (Board), under its general authority in 4 Pa.C.S. § 1303A (relating to temporary table game regulations) enacted by the act of January 7, 2010 (P. L. 1, No. 1) (Act 1) and the specific authority in 4 Pa.C.S. § 1302A(1) and (2) (relating to regulatory authority), amends temporary regulations in Chapters 549 and 561 (relating to Blackjack; and Pai Gow Poker) to read as set forth in Annex A. The Board's temporary regulations will be added to Part VII (relating to Gaming Control Board) as part of Subpart K (relating to table games).
Purpose of the Temporary Rulemaking
This temporary rulemaking amends the rules for table games in response to requests received from certificate holders and based on the Board's experience to date.
Explanation of Chapters 549 and 561
The Board has received numerous comments on the temporary regulations that it has promulgated so far. The Board found these comments useful and thanks the commentators for their input.
While the Board does not agree with all of the suggestions offered and is still reviewing a number of the comments that have been received, the Board does agree that improvements can be made in several areas now.
In Chapter 549, the Twenty Point Bonus Wager was recently added as an optional side wager. This side wager is also known as Lucky Ladies and is a proprietary game. For clarity, the term ''Lucky Ladies'' was added before the term ''Twenty Point Bonus Wager'' in § 549.2(c)(4) (relating to Blackjack table; card reader device; physical characteristics; inspections).
Additionally, the Match-the-Dealer Wager has been added as an optional side wager to the game of Blackjack. The requirements for table layouts were added in § 549.2(c). Section 549.18 (relating to Match-the-Dealer Wager) is added to provide the rules of the wager, the payout odds and the payout limitation on the Match-the-Dealer Wager.
In Chapter 561, the Fortune Bonus Wager has been added as an optional side wager to the game. Additional definitions were added in § 561.1 (relating to definitions); requirements for table layouts were added in § 561.2 (relating to Pai Gow Poker table; Pai Gow Poker shaker; physical characteristics); additional card rankings were added in § 561.6 (relating to Pai Gow Poker rankings; cards; poker hands); and § 561.13a (relating to Fortune Bonus Wager; Envy Bonus; payout odds; payout limitation) is added to provide the rules of the wager, the payout odds and the payout limitation on the Fortune Bonus Wager.
Affected Parties
The amendments in this temporary rulemaking allow certificate holders additional options on how to conduct table games at their licensed facilities.
Fiscal Impact
Commonwealth
The Board does not expect that the amendments in this temporary rulemaking will have fiscal impact on the Board or other Commonwealth agencies.
Political subdivisions
This temporary rulemaking will not have direct fiscal impact on political subdivisions in this Commonwealth. Eventually, host municipalities and counties will benefit from the local share funding that is mandated by Act 1.
Private sector
The amendments in this temporary rulemaking will give certificate holders some additional flexibility as to how they conduct table games and allows for the offering of additional side wagers to patrons. These changes may increase wagers in Blackjack and Pai Gow Poker.
General public
This temporary rulemaking will not have direct fiscal impact on the general public.
Paperwork Requirements
This temporary rulemaking will not impose new paperwork requirements on certificate holders.
Effective Date
This temporary rulemaking will become effective upon publication in the Pennsylvania Bulletin.
Public Comments
While this temporary rulemaking will be effective upon publication, the Board is seeking comments from the public and affected parties as to how the temporary regulations might be improved. Interested persons are invited to submit written comments, suggestions or objections regarding this temporary rulemaking within 30 days after the date of publication in the Pennsylvania Bulletin to Susan A. Yocum, Assistant Chief Counsel, Pennsylvania Gaming Control Board, P. O. Box 69060, Harrisburg, PA 17106-9060, Attention: Public Comment on Regulation #125-132.
Contact Person
The contact person for questions about this rulemaking is Susan A. Yocum, Assistant Chief Counsel, (717) 265-8356.
Regulatory Review
Under 4 Pa.C.S. § 1303A, the Board is authorized to adopt temporary regulations which are not subject to sections 201—205 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201—1208), known as the Commonwealth Documents Law (CDL), the Regulatory Review Act (71 P. S. §§ 745.1—745.12) and sections 204(b) and 301(10) of the Commonwealth Attorneys Act (71 P. S. §§ 732-204(b) and 732-301(10)). These temporary regulations expire 2 years after publication in the Pennsylvania Bulletin.
Findings
The Board finds that:
(1) Under 4 Pa.C.S. § 1303A, the temporary regulations are exempt from the requirements of the Regulatory Review Act, sections 201—205 of the CDL and sections 204(b) and 301(10) of the Commonwealth Attorneys Act.
(2) The adoption of the temporary regulations is necessary and appropriate for the administration and enforcement of 4 Pa.C.S. Part II (relating to gaming).
Order
The Board, acting under 4 Pa.C.S. Part II, orders that:
(1) The regulations of the Board, 58 Pa. Code Chapters 549 and 561, are amended by amending §§ 549.2, 561.1, 561.2 and 561.6; and by adding §§ 549.18 and 561.13a to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(2) The temporary regulations are effective October 2, 2010.
(3) The temporary regulations will be posted on the Board's web site and published in the Pennsylvania Bulletin.
(4) The temporary regulations are subject to amendment as deemed necessary by the Board.
(5) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
GREGORY C. FAJT,
ChairpersonFiscal Note: 125-132. No fiscal impact; (8) recommends adoption.
Annex A TITLE 58. RECREATION PART VII. GAMING CONTROL BOARD Subpart K. TABLE GAMES CHAPTER 549. BLACKJACK § 549.2. Blackjack table; card reader device; physical characteristics; inspections.
* * * * * (c) The following must be inscribed on the Blackjack layout:
* * * * * (4) If a certificate holder offers the Lucky Ladies Twenty Point Bonus Wager:
(i) A separate area designated for the placement of the Twenty Point Bonus Wager for each player.
(ii) Inscriptions that advise patrons of the minimum and maximum wagers permitted. If the minimum and maximum wagers permitted are not inscribed on the layout, a sign identifying the minimum and maximum permitted wagers shall be posted at each Blackjack table.
(iii) Inscriptions that advise patrons of the payout odds for the Twenty Point Bonus Wager. If payout odds are not inscribed on the layout, a sign identifying the payout odds for the Twenty Point Bonus Wager shall be posted at each Blackjack table.
(iv) Inscriptions that advise patrons of any payout limits and proportionate allocations as described in § 549.17(g) (relating to Twenty Point Bonus Wager; payout odds; payout limitation). If payout limits and proportionate allocations are not inscribed on the layout, a sign identifying the payout limits and proportionate allocation shall be posted at each Blackjack table.
(5) If a certificate holder offers the Match-the-Dealer Wager:
(i) A separate area designated for the placement of the Match-the-Dealer Wager for each player.
(ii) Inscriptions that advise patrons of the payout odds for the Match-the-Dealer Wager. If the payout odds are not inscribed on the layout, a sign identifying the payout odds for the Match-the-Dealer Wager shall be posted at each Blackjack table.
(d) Each Blackjack table must have a drop box and a tip box attached to it with the location of the boxes on the same side of the gaming table, but on opposite sides of the dealer, as approved by the Bureau of Gaming Operations. The Bureau of Gaming Operations may approve an alternative location for the tip box when a card shuffling device or other table game equipment prevents the placement of the drop box and tip box on the same side of the gaming table as, but on opposite sides of, the dealer.
* * * * * § 549.18. Match-the-Dealer Wager.
(a) A player may make an additional Match-the-Dealer Wager which shall have no bearing on any other wagers made by the player. The Match-the-Dealer Wager of a player shall win if either of the player's initial two cards matches the dealer's up card in the manner required under subsection (e). If both of the player's initial two cards match the dealer's up card, the player shall be paid in accordance with subsection (e) for each matching card. For purposes of the Match-the-Dealer wager, any card with a face value of 10 or a point value of 10 (jack, queen, king) shall only match an identical card without regard to value.
(b) Prior to the first card being dealt for each round of play, a player who has placed the basic wager required under § 549.4 (relating to wagers) may make an additional Match-the-Dealer Wager, which shall be in an amount not less than $1 and may not exceed the lesser of:
(1) The amount of the wager made by the player under § 549.4(a).
(2) A maximum amount established by the certificate holder in the certificate holder's Rules Submission under § 521.2 (relating to table games Rules Submissions).
(c) A Match-the-Dealer Wager shall be made by placing gaming chips on the appropriate area of the Blackjack layout.
(d) Immediately after the second card is dealt to each player and the dealer, but prior to any additional cards being dealt to any player or the dealer or before any card reader device is utilized, losing Match-the-Dealer Wagers shall be collected and winning Match-the-Dealer Wagers shall be paid in accordance with subsection (e).
(e) The certificate holder shall pay out winning Match-the-Dealer Wagers at the odds contained in the following payout table:
(1) If six decks of cards are being used:
Hand Payout Each matching card of a different suit 4 to 1 Each matching card of the same suit 11 to 1 (2) If eight decks of cards are being used:
Hand Payout Each matching card of a different suit 3 to 1 Each matching card of the same suit 14 to 1 CHAPTER 561. PAI GOW POKER § 561.1. Definitions.
The following words and terms, when used in this chapter, have the following meaning, unless the context clearly indicates otherwise:
Envy Bonus—An additional fixed sum payout made to a player who placed a Qualifying Fortune Bonus Wager when another player at the Pai Gow Poker table is the holder of a qualifying hand.
High hand—The five-card hand which is formed from the seven cards dealt at the game of Pai Gow Poker so as to rank equal to or higher than the two-card Low hand.
Low hand—The two-card hand which is formed from the seven cards dealt at the game of Pai Gow Poker so as to rank equal to or lower than the five-card High hand.
Qualifying Fortune Bonus Wager—A Fortune Bonus Wager of at least $5.
Qualifying hand—A Pai Gow Poker hand with a rank of four-of-a-kind or higher formed from the seven cards dealt to a player.
Rank or ranking—The relative position of a card or group of cards as set forth in § 561.6 (relating to Pai Gow Poker rankings; cards; poker hands)
Set or setting the hands—The process of forming a High hand and Low hand from the seven cards dealt.
§ 561.2. Pai Gow Poker table; Pai Gow Poker shaker; physical characteristics.
* * * * * (b) The layout for a Pai Gow Poker table shall be approved by the Bureau of Gaming Operations and contain, at a minimum, the following:
(1) Six separate numbered betting areas for the players at the table.
(2) Two separate areas located below each betting area which shall be designated for the placement of the High and Low hands of that player.
(3) Two separate areas designated for the placement of the High and Low hands of the dealer.
(4) The name or logo of the certificate holder offering the game.
(5) If the certificate holder offers a Fortune Bonus Wager:
(i) A separate designated area for each player, located to the right of the player's betting area, designated for the placement of the Fortune Bonus Wager.
(ii) Inscriptions that advise patrons of the minimum and maximum wagers permitted. If the minimum and maximum wagers permitted are not inscribed on the layout, a sign identifying the minimum and maximum wagers permitted shall be posted at each Pai Gow Poker table.
(iii) Inscriptions that advise patrons of the payout odds and amounts for the Fortune Bonus Wager and Envy Bonus. If payout odds and amounts are not inscribed on the layout, a sign identifying the payout odds and amounts shall be posted at each Pai Gow Poker table.
(iv) Inscriptions that advise patrons of any payout limits as described in § 561.13a(f) (relating to Fortune Bonus Wager; Envy Bonus; payout odds; payout limitation). If payout limits are not inscribed on the layout, a sign identifying the payout limits shall be posted at each Pai Gow Poker table.
(c) Each Pai Gow Poker table must have a drop box and tip box attached to it on the same side of the gaming table as, but on opposite sides of, the dealer, and in locations approved by the Bureau of Gaming Operations. The Bureau of Gaming Operations may approve an alternative location for the tip box when a card shuffling device or other table game equipment prevents the placement of the drop box and tip box on the same side of the gaming table as, but on opposite sides of, the dealer.
* * * * * § 561.6. Pai Gow Poker rankings; cards; poker hands.
* * * * * (e) If a certificate holder offers the optional Fortune Bonus Wager under § 561.13a (relating to Fortune Bonus Wager; Envy Bonus; payout odds; payout limitation), the following seven card hands, which shall have a rank higher than a five-card poker hand of five aces, shall be used to determine the amount of the Fortune Bonus Wager payout or Envy Bonus payment to a winning player:
(1) Seven-card straight flush with no joker is a hand consisting of seven cards of the same suit in consecutive ranking, with no joker used to complete the straight flush.
(2) Royal flush plus royal match is a seven card hand consisting of an ace, king, queen, jack and a 10 of the same suit, with or without a joker, with one of the following:
(i) An additional ace and king of a same suit.
(ii) An additional king and queen of a same suit.
(3) Seven-card straight flush with joker is a hand consisting of seven cards of the same suit in consecutive ranking with a joker being used to complete the straight flush.
§ 561.13a. Fortune Bonus Wager; Envy Bonus; payout odds; payout limitation.
(a) A certificate holder may, if specified in its Rules Submission under § 521.2 (relating to table games Rules Submissions), offer a player the option of placing a Fortune Bonus Wager on whether the player will be dealt a hand type as set forth in subsection (e). A player who makes a Qualifying Fortune Bonus Wager shall also qualify to receive an Envy Bonus payout.
(b) Prior to the first card being dealt for each round of play, each player who has placed a wager in accordance with § 561.7 (relating to wagers), may make a Fortune Bonus Wager by placing a value chip of at least $1 into the separate area designated for that player. If a player makes a Qualifying Fortune Bonus Wager, the dealer shall place an Envy lammer next to that player's wager.
(c) The dealer shall then announce ''no more bets'' and deal the cards in accordance with the dealing procedures in § 561.9, § 561.10 or § 561.11 (relating to procedures for dealing the cards from a manual dealing shoe; procedures for dealing the cards by hand; and procedures for dealing the cards from an automated dealing shoe).
(d) If a Fortune Bonus Wager has been made by one or more players, the dealer shall observe the procedures in § 561.13 (relating to procedures for completion of each round of play; setting of hands; payment and collection of wagers; payout odds; vigorish) with the following modifications:
(1) The dealer shall, starting from the dealer's right and moving counterclockwise around the table, settle the Pai Gow Poker wager of each player and collect any vigorish that is due, provided that:
(i) The cards of a player who has placed a Fortune Bonus Wager shall remain on the layout regardless of the outcome of the player's Pai Gow Poker wager.
(ii) If any player has placed a Qualifying Fortune Bonus Wager, the cards of all players shall remain on the table regardless of the outcome of any player's Pai Gow Poker wager.
(2) After settling the Pai Gow Poker wager of a player who has placed a Fortune Bonus Wager, the dealer shall rearrange the seven cards of the player to form the best possible hand and shall be responsible for creating the hand for purposes of the Fortune Bonus Wager. A joker may be used as any card to complete a straight, flush, straight flush or royal flush other than a seven-card straight flush with no joker. If any player at the table has placed a Qualifying Fortune Bonus Wager, the dealer shall rearrange the cards of each player regardless of whether that player placed a Fortune Bonus Wager. If a player:
(i) Does not have a straight or higher from the seven cards dealt to the player, the dealer shall collect the Fortune Bonus Wager and place the cards of the player in the discard rack.
(ii) Has a straight or higher formed from the seven cards dealt to the player, the dealer shall pay the winning Fortune Bonus Wager in accordance with subsection (e).
(iii) Has a Qualifying Hand, the dealer shall verbally acknowledge the Qualifying Hand and leave the Fortune Bonus Wager, if applicable, and the cards of the player face up on the table.
(3) After all other Fortune Bonus Wagers have been settled, the dealer shall, starting from the dealer's right and moving counterclockwise around the table, settle with each player who has an Envy Bonus lammer at the player's betting position or who has a Fortune Bonus Wager and a Qualifying Hand. If a player:
(i) Has an Envy Bonus lammer, the dealer shall pay the player in accordance with subsection (e) and collect the Envy Bonus lammer.
(ii) Has a Fortune Bonus Wager and a Qualifying Hand, the dealer shall pay the winning Fortune Bonus Wager in accordance with subsection (e) and place the cards of the player in the discard rack. Players are entitled to multiple Envy Bonuses when another player at the same Pai Gow Poker table is the holder of an Envy Bonus; provided, however, that a player is not entitled to an Envy Bonus for his own hand or the hand of the dealer.
(iii) After all Envy Bonuses and Qualifying Hands have been paid, the dealer shall collect the cards of any player who had a Qualifying Hand but did not place a Fortune Bonus Wager and shall place the cards of the player in the discard rack.
(e) The certificate holder shall pay out winning Fortune Bonus Wagers and Envy Bonus payouts at the amounts contained in one of the following payout tables selected by the certificate holder in the certificate holder's Rules Submission filed in accordance with § 521.2:
Table A Hand Payout Envy Bonus 7 card Straight Flush 8,000 to 1 $5,000 Royal Flush and Royal match 2,000 to 1 $1,000 7 card Straight Flush with Joker 1,000 to 1 $500 5 Aces 400 to 1 $250 Royal Flush 150 to 1 $50 Straight Flush 50 to 1 $20 Four-of-a-Kind 25 to 1 $5 Full House 5 to 1 Flush 4 to 1 Three-of-a-Kind 3 to 1 Straight 2 to 1 Table B Hand Payout Envy Bonus 7 card Straight Flush 5,000 to 1 $3,000 Royal Flush and Royal match 2,000 to 1 $1,000 7 card Straight Flush with Joker 1,000 to 1 $500 5 Aces 400 to 1 $250 Royal Flush 150 to 1 $50 Straight Flush 50 to 1 $20 Four-of-a-Kind 25 to 1 $5 Full House 5 to 1 Flush 4 to 1 Three-of-a-Kind 3 to 1 Straight 2 to 1 Table C Hand Payout Envy Bonus 7 card Straight Flush 5,000 to 1 $2,500 Royal Flush and Royal match 2,000 to 1 $500 7 card Straight Flush with Joker 1,000 to 1 $250 5 Aces 400 to 1 $150 Royal Flush 150 to 1 $55 Straight Flush 50 to 1 $25 Four-of-a-Kind 25 to 1 $6 Full House 5 to 1 Flush 4 to 1 Three-of-a-Kind 3 to 1 Straight 2 to 1 (f) Notwithstanding the payout odds in subsection (e), a certificate holder may establish a maximum payout for a winning Fortune Bonus Wager that is payable for one round of play. The maximum payout amount shall be at least $40,000 or the maximum amount that one player could win per round when betting the minimum possible wager, whichever is greater. Maximum payouts established by a certificate holder require the approval of the Board's Executive Director and shall be included in the certificate holder's Rules Submission filed in accordance with § 521.2. Any maximum payout limit established by a certificate holder applies only to Fortune Bonus Wagers and does not apply to Envy Bonus payouts.
[Pa.B. Doc. No. 10-1878. Filed for public inspection October 1, 2010, 9:00 a.m.]
