PENNSYLVANIA GAMING CONTROL BOARD [ 58 PA. CODE CHS. 549 AND 561 ] Blackjack and Pai Gow Poker; Temporary Regulations [40 Pa.B. 6520]
[Saturday, November 13, 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 Blackjack and Pai Gow Poker. These amendments were made 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 received numerous requests for optional side wagers on games that are currently approved for play.
In Chapter 549, the Royal Match 21 Wager was added as an optional side wager. The requirements for table layouts were added in § 549.2(c)(7) (relating to Blackjack table; card reader device; physical characteristics; inspections). Section 549.20 (relating to Royal Match 21 Wager) is added to provide the rules of play and the payout odds on the Royal Match 21 Wager.
In Chapter 561, the Emperor's Treasure and Pai Gow Insurance Wagers were added as optional side wagers. Amendments were made to § 561.1 (relating to definitions) to account for the new side wagers. The requirements for table layouts were added in § 561.2(b)(6) and (7) (relating to Pai Gow Poker table; Pai Gow Poker shaker; physical characteristics). The ranking of cards for the Emperor's Treasure Wager was added to § 561.6(f) (relating to Pai Gow Poker rankings; cards; poker hands) and a restriction on the use of the joker for the Pai Gow Insurance Wager was added as § 561.6(g).
Section 561.13b (relating to Emperor's Treasure Wager; Envy Bonus; payout odds; payout limitation) is added to provide the rules of the Emperor's Treasure Wager, the dealing procedure, the payout odds and additional bonus payout and the option for a maximum payout limitation on the Emperor's Treasure Wager.
Section 561.13c (relating to Pai Gow Insurance Wager; payout odds; payout limitation) is added to provide the rules of the Pai Gow Insurance Wager, the dealing procedure, the payout odds and the option for a maximum payout limit on the Pai Gow Insurance Wager.
Affected Parties
The amendments in this temporary rulemaking will 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. Internal control procedures submitted by certificate holders regarding table games rules submissions will be reviewed by existing Board staff.
Political subdivisions
This temporary rulemaking will not have direct fiscal impact on political subdivisions of this Commonwealth. Eventually, host municipalities and counties will benefit from the local share funding 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. The addition of an optional side wager may increase the wagers in Blackjack and Pai Gow Poker.
General public
This temporary rulemaking will not have direct fiscal impact on the general public.
Paperwork requirements
If a certificate holder elects to offer additional side wagers, it will have to submit updated rules submissions for approval and will have to update gaming guides offered to the public to reflect the additional wagers available.
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 this temporary regulation 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 #125-134.
Contact Person
The contact person for questions about this temporary 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 §§ 549.20, 561.13b and 561.13c to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(2) The temporary regulations are effective November 13, 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: 125-134. 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:
* * * * * (7) If a certificate holder offers the Royal Match 21 Wager:
(i) A separate area designated for the placement of the Royal Match 21 Wager for each player.
(ii) Inscriptions that advise patrons of the payout odds for the Royal Match 21 Wager and the payout for the Crown Treasure Bonus, if offered. If the payout odds and amounts are not inscribed on the layout, a sign identifying the payout odds and amounts shall be posted at each Blackjack table.
* * * * * § 549.20. Royal Match 21 Wager.
(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 Royal Match 21 Wager with an optional Crown Treasure Bonus. The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise:
Crown Treasure Bonus—Additional payout when both the player and dealer have a Royal Match.
Royal Match—King and queen of the same suit.
Suited Match—Two cards of the same suit that are not a king and queen.
(b) Prior to the first card being dealt for each round of play, a player who has placed a basic wager required under § 549.4 (relating to wagers) may make an additional Royal Match 21 Wager, which shall have no bearing on any other wagers made by the player. The Royal Match 21 Wager of a player 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.
(c) A Royal Match 21 Wager shall be made by placing value chips on the appropriate area of the Blackjack layout.
(d) The Royal Match 21 Wager of a player shall win if the first two cards of the player are a Suited Match or a Royal Match. If a certificate holder offers the Crown Treasure Bonus, a player shall win a bonus payout if both the player and the dealer have a Royal Match.
(e) Except as provided in subsection (f), for certificate holders that offer the Crown Treasure Bonus, immediately after the second card is dealt to each player and the dealer, but prior to any additional cards being dealt or before any card reader device is utilized, the dealer shall, starting with the player to his far right and moving counterclockwise around the table, settle all Royal Match 21 Wagers by collecting the losing wagers and paying the winning wagers in accordance with subsection (g).
(f) If a certificate holder offers the Crown Treasure Bonus and:
(1) The dealer's up card is not a king or a queen, the dealer shall settle all Royal Match 21 Wagers in accordance with subsection (e).
(2) The dealer's up card is a king or a queen and:
(i) A player does not have Royal Match, the dealer shall settle the Royal Match 21 Wager in accordance with subsection (e).
(ii) A player has a Royal Match, that player's Royal Match 21 Wager shall be settled after the dealer's hole card is exposed but prior to settling the player's basic wager required under § 549.4. If after exposing the hole card the dealer also has a Royal Match, the player shall be paid a Crown Treasure Bonus, in accordance with subsection (g), in addition to the payout for his Royal Match.
(g) The certificate holder shall pay out winning Royal Match 21 Wagers at the odds contained in one of the following payout tables selected by the certificate holder in its Rules Submission filed in accordance with § 521.2:
(1) If a single deck of cards is being used:
Hand Payout A Payout B Royal Match 10 to 1 5 to 1 Suited Match 3 to 1 3 to 1 Crown Treasure $1,000 $1,000 (2) If multiple decks of cards are being used:
Hand Payout C Payout D Payout E Royal Match 30 to 1 25 to 1 25 to 1 Suited Match 2.5 to 1 2.5 to 1 3 to 1 Crown Treasure $1,000 $1,000 $1,000 CHAPTER 561. PAI GOW POKER § 561.1. Definitions.
The following words and terms, when used in this chapter, shall 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 or Qualifying Emperor's Treasure 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.
Pai Gow Hand—A seven card hand that does not contain a pair, straight or flush.
Qualifying Emperor's Treasure Wager—An Emperor's Treasure Wager of at least $5.
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 shall contain, at a minimum, the following:
* * * * * (6) If the certificate holder offers the Emperor's Treasure Wager:
(i) A separate designated area for each player, located to the right of the player's betting area, designed for the placement of the Emperor's Treasure 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 Emperor's Treasure Wager and Envy Bonus. If the 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 § 561.13b(f) (relating to Emperor's Treasure 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.
(7) If a certificate holder offers the Pai Gow Insurance Wager:
(i) A separate designated area for each player, located to the left of the player's betting area, designed for the placement of the Pai Gow Insurance 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 for the Pai Gow Insurance Wager. If the payout odds are not inscribed on the layout, a sign identifying the payout odds shall be posted at each Pai Gow Poker table.
(iv) Inscriptions that advise patrons of any payout limits as described in § 561.13c(f) (relating to Pai Gow Insurance Wager; 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.
* * * * * § 561.6. Pai Gow Poker rankings; cards; poker hands.
* * * * * (f) If a certificate holder offers the optional Emperor's Treasure Wager under § 561.13b (relating to Emperor's Treasure 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 Emperor's Treasure Wager payout or Envy Bonus payout 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 ace and king suited is a seven card hand consisting of an ace, king, queen, jack and a 10 of the same suit, with or without a joker, and an additional ace and king of the same suit without a joker.
(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.
(g) If a certificate holder offers the optional Pai Gow Insurance Wager under § 561.13c (relating to Pai Gow Insurance Wager; payout odds; payout limitation), a joker, which is not used to complete a straight or a flush, is ranked as an ace for the purposes of determining the Pai Gow Insurance Wager.
§ 561.13b. Emperor's Treasure 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 an Emperor's Treasure Wager on whether the player will be dealt a hand type as set forth in subsection (e). A player who makes a Qualifying Emperor's Treasure 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 an Emperor's Treasure Wager by placing a value chip of at least $1 into the separate area designated for that player. If a player makes a Qualifying Emperor's Treasure 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 an Emperor's Treasure 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 an Emperor's Treasure Wager shall remain on the layout regardless of the outcome of the player's Pai Gow Poker wager.
(ii) If a player has placed a Qualifying Emperor's Treasure 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 an Emperor's Treasure 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 Emperor's Treasure 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 Emperor's Treasure Wager, the dealer shall rearrange the cards of each player regardless of whether that player placed an Emperor's Treasure 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 Emperor's Treasure 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 Emperor's Treasure Wager in accordance with subsection (e).
(iii) Has a Qualifying Hand, the dealer shall verbally acknowledge the Qualifying Hand and leave the Emperor's Treasure Wager, if applicable, and the cards of the player face up on the table.
(3) After all other Emperor's Treasure 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 an Emperor's Treasure 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 an Emperor's Treasure Wager and a Qualifying Hand, the dealer shall pay the winning Emperor's Treasure 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 an Emperor's Treasure Wager and shall place the cards of the player in the discard rack.
(e) The certificate holder shall pay out winning Emperor's Treasure 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 ace king suited 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 ace king suited 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 ace king suited 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 Emperor's Treasure 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 shall apply only to Emperor's Treasure Wagers and shall not apply to Envy Bonus payouts.
§ 561.13c. Pai Gow Insurance Wager; 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 Pai Gow Insurance Wager on whether the player will be dealt a hand type as set forth in subsection (e).
(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 Pai Gow Insurance Wager by placing a value chip of at least $1 into the separate area designated for that player.
(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 Pai Gow Insurance 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 the cards of a player who has placed a Pai Gow Insurance Wager shall remain on the layout regardless of the outcome of the player's Pai Gow Poker wager.
(2) After settling the Pai Gow Poker wager of a player who has placed a Pai Gow Insurance 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 Pai Gow Insurance Wager. If a player:
(i) Does not have a Pai Gow Hand, the dealer shall collect the Pai Gow Insurance Wager and place the cards of the player in the discard rack.
(ii) Has a Pai Gow Hand, the dealer shall pay the winning Pai Gow Insurance Wager in accordance with subsection (e).
(e) The certificate holder shall pay out winning Pai Gow Insurance Wagers 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 Nine-High Pai Gow Hand 100 to 1 Ten-High Pai Gow Hand 25 to 1 Jack-High Pai Gow Hand 15 to 1 Queen-High Pai Gow Hand 6 to 1 King-High Pai Gow Hand 5 to 1 Ace-High Pai Gow Hand 3 to 1 Table B
Hand Payout Nine-High Pai Gow Hand 100 to 1 Ten-High Pai Gow Hand 25 to 1 Jack-High Pai Gow Hand 15 to 1 Queen-High Pai Gow Hand 7 to 1 King-High Pai Gow Hand 5 to 1 Ace-High Pai Gow Hand 3 to 1 (f) Notwithstanding the payout odds in subsection (e), a certificate holder may establish a maximum payout for a winning Pai Gow Insurance 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.
[Pa.B. Doc. No. 10-2139. Filed for public inspection November 12, 2010, 9:00 a.m.]
