2310 Gaming junket enterprises, accounting and internal controls, compulsive and problem gambling, self-exclusion, underage gaming, equipment, Blackjack
PENNSYLVANIA GAMING CONTROL BOARD [ 58 PA. CODE CHS. 421a, 421b, 439a,
464a, 465a, 481a, 501a, 503a, 503b,
513a, 603a AND 633a ]Gaming Junket Enterprises, Accounting and Internal Controls, Compulsive and Problem Gambling, Self-Exclusion, Underage Gaming, Equipment, Blackjack [44 Pa.B. 7057]
[Saturday, November 8, 2014]The Pennsylvania Gaming Control Board (Board), under the general authority in 4 Pa.C.S. § 1202(b)(15) and (30) (relating to general and specific powers) and the specific authority in 4 Pa.C.S. §§ 1207(2), (5), (8) and (9), 1212, 13A02(2), 13A26(c), 1509, 1516, 1518(a)(13) and 1602, rescinds Chapters 421b and 503b and amends Chapters 421a, 439a, 464a, 465a, 481a, 501a, 503a, 513a, 603a and 633a to read as set forth in Annex A.
Purpose of the Final-Form Rulemaking
This final-form rulemaking will transition two statements of policy on advertising and jackpot credit meter payouts (former Chapters 421b and 503b) into regulations, allow for the conditional licensure of gaming junket enterprises, amend the procedure for removal from the exclusion list for individuals whose period of voluntary exclusion has concluded and add an additional pay table to an already existing side wager in Blackjack.
Explanation of the Final-Form Rulemaking
Advertising
Section 421a.6 is rescinded as these requirements properly belong in Chapter 501a (relating to compulsive and problem gambling requirements). These provisions are moved to § 501a.7 (relating to advertising). Additionally, the statements of policy in Chapter 421a are rescinded and the requirements are also moved to § 501a.7. Section 501a.7 provides requirements regarding the gambling assistance message that must be on gaming related advertising.
Conditional licensure for gaming junket enterprises
The Board added provisions to § 439a.6b (relating to conditional licenses) for a conditional license awarded to gaming junket enterprises provided that certain criteria are satisfied including the following: agreements between a slot machine licensee and gaming junket enterprise are submitted to the Board; the gaming junket enterprise is licensed or otherwise credentialed in good standing in a gaming jurisdiction that the Board has determined has licensing standards that are as comprehensive and thorough and provide similar safeguards as those required under 4 Pa.C.S. Part II (relating to gaming); and the applicant has passed a preliminary criminal history review.
Internal controls
In § 465a.20 (relating to personal check cashing), provisions are added prohibiting a licensee or an entity certified or registered with the Board that is operating within a licensed facility from accepting checks made payable to an individual such as Social Security, unemployment, public assistance checks, and the like. Notwithstanding the prohibition, a licensee may cash a payroll check of one of its employees or a check issued to a patron by the licensee. This provision is added as an employee convenience and to allow a licensee to cash its own check made payable to a patron who won a jackpot payout.
The prohibition on check cashing that was moved into § 465a.20 was previously in § 501a.6. Section 501a.6 is rescinded as the provisions more logically belong in Chapter 465a (relating to accounting and internal controls). Cross-references to § 501a.6 are deleted from § 465a.20 and §§ 465a.21 and 465a.22 (relating to wire transfers; and cash equivalents).
Section 465a.26(b)(2) (relating to jackpot and credit meter payouts) formerly required that two individuals be present to sign off on a jackpot payout more than $1,200 but less than $9,999.99. The final-form rulemaking allows operators to utilize only one individual instead of two for credit meter payouts less than $5,000 provided that both the facility's casino management system and the central control computer system are fully operational. This should reduce the number of personnel required to sign off on a majority of jackpot payouts that occur on a daily basis.
Diversity
Chapter 481a (relating to diversity) is amended to reflect that the Bureau of Small Business Opportunities (formerly the Bureau of Minority and Women's Business Enterprises) verifies that a business is minority or women's business enterprise. Amendments to § 481a.6 (relating to diversity reviews) reflect that Board staff conducts diversity reviews, not audits. This technical revision was made for consistency with 4 Pa.C.S. § 1212(b) (relating to diversity goals of board).
Compulsive and problem gambling
As previously mentioned, the advertising requirements formerly in § 421a.6 and Chapter 421b are now included in § 501a.7.
A definition of ''advertising'' is added to § 501a.1 (relating to definitions).
Former language in § 501a.2(i) (relating to compulsive and problem gambling plan) reiterated the requirements already specified in subsections (g) and (h). This redundant language is deleted and a cross-reference is added.
Section 501a.3(b) (relating to employee training program) is added to require that training materials be updated annually to include the most current research on responsible and problem gambling. The remaining subsections are renumbered.
A signage requirement is added to § 501a.5 (relating to signage requirements) to reflect the statutory mandate in 4 Pa.C.S. § 1509(c) (relating to compulsive and problem gambling program). Former subsection (b) is deleted as advertising requirements are now addressed in § 501a.7.
Self-exclusion
The Board has amended the provisions associated with self-exclusion in Chapter 503a (relating to self-exclusion). In § 503a.1 (relating to definitions), language is added to the definitions of ''fully executed gaming transaction'' and ''self-exclusion list'' to reflect that gaming activity may also be conducted in locations off the gaming floor. The same language is be added throughout Chapter 503a to reflect this change. A definition of ''gaming activity'' is added and the definition of ''gaming related activity'' is amended in § 503a.1.
In § 503a.2 (relating to request for self-exclusion), the cross-reference in subsection (c) is corrected.
In subsection (e)(5), language is added specifying that a self-excluded individual's gambling winnings will be subject to confiscation to support compulsive and problem gaming programs. Confiscation is consistent with 4 Pa.C.S. § 1516(a) (relating to list of persons self excluded from gaming activities). The confiscation of winnings language is also included in the waiver individuals are required to sign to be placed on the exclusion list as specified in subsection (e)(6)(iii).
Section 503a.4(a) (relating to duties of slot machine licensees) is amended for clarity and to delete unnecessary language. Final-form subsection (a)(6) (formerly subsection (a)(7)) formerly required licensees to disseminate self-exclusion program materials but did not provide guidelines for licensees to ensure compliance. This paragraph is amended to require licensees to ''make available'' information on the self-exclusion program. This amendment is consistent with § 609a.12(f) (relating to duties of certificate holders), regarding the voluntary credit suspension program.
In subsection (e), redundant language is deleted and replaced with a cross-reference to the submission and approval process in subsections (c) and (d).
The former process for individuals whose term of voluntary exclusion has concluded is amended in § 503a.5 (relating to removal from self-exclusion list). Formerly, once an individual's period of exclusion has concluded (those with a 1-year or 5-year term), the individual can schedule an appointment and at the appointment time submit a Request for Removal Form. The individual is then required to schedule another appointment and return a second time to sign the form. Requiring individuals to come back to the Board's Harrisburg office or a regional office in Pittsburgh, Consho- hocken and Scranton on two separate occasions can present substantial challenges to those individuals who live some distance from a Board office. Therefore, individuals whose term of voluntary exclusion has expired will be required to schedule only one appointment to be removed from the voluntary list once their period of exclusion has ended. Additionally, the Office of Compulsive and Problem Gambling may now approve an alternative location to complete the removal process if circumstances, such as geographical distance, warrant the use of an alternative location. Alternative locations can be discussed with the Director of the Office of Compulsive and Problem Gambling when the self-excluded individual schedules an appointment to be removed from the list.
In subsection (d), the time period for the Board and licensees to remove the name of a self-excluded person is amended from 5 to 15 business days. After an individual completes the process to be removed from the self-exclusion list, the Board will update the database, provide notice to the licensees and the licensees shall update their in-house databases. Based on the Board's experience to date, 15 business days will provide adequate time to the Board and slot machine licensees to complete the administrative process of removing the individual's information from all databases. This additional time should also ensure that individuals who have completed the removal process are not inadvertently ejected from a licensed facility and charged with criminal trespass.
Section 503a.7 (relating to disclosure of information related to persons on the self-exclusion list) specifies the type of general information that the Board may disclose publicly. In accordance with 4 Pa.C.S. § 1516(d), detailed information, including whether a specific individual is on the self-exclusion list, is deemed confidential and will not be publically disclosed.
Underage gaming
Amendments to Chapter 513a (relating to underage gaming) add additional requirements to ensure the exclusion of underage individuals from gaming and gaming related activities. Slot machine licensees are required to train their employees and establish procedures to identify underage individuals, refuse gaming related activities to minors, including check cashing and to notify the onsite casino compliance representatives and the Pennsylvania State Police if an underage individual is discovered on the gaming floor or areas off the gaming floor where contests or tournaments are conducted.
In § 513a.4 (relating to signage requirements), the underage prohibition language is updated to add specificity on the type of activity that an underage individual is prohibited from engaging in and to reflect that gaming activity now includes the play of not only slot machines but also table games.
Table gaming equipment
Section 603a.12 (relating to dice; physical characteristics) requires that dice used in an automated Sic Bo must be a 0.625 inch cube with ball edge corners. These size specifications ensure a proper tumble of the dice in the automated Sic Bo shaker and are consistent with industry standards.
Blackjack
A payout table is added to § 633a.13(k) (relating to payout odds; payout limitation) for winning Three Card Poker wagers.
Additional Revisions
The following additional revisions were made in the final-form rulemaking.
Conditional junket enterprise licenses
A minor revision was made to § 439a.6b(a)(1) to delete the reference to specific names of applications associated with a gaming junket enterprise license that are required to be completed as there are additional applications, beyond those referenced, that may be required depending on the corporate structure of the junket enterprise.
For example, a majority of the junket enterprises that have applied for a license with the Board are sole proprietors and would therefore be required to complete a junket enterprise application and a permit application. However, if a junket enterprise is not a sole proprietor but is a subsidiary of a company that owns 20% or more of the junket enterprise, the junket enterprise's holding company would also be required to complete an application, the Gaming Junket Enterprise Private Holding Company Form.
The first page of the Gaming Junket Enterprise Application lists the various applications associated with the Junket Enterprise License and under what circumstances each of the applications are required to be completed.
Slot machine tournaments
In § 464a.2(e)(1) (relating to conduct of a slot machine tournament), the cross-references to Chapter 421b and § 421a.6 are deleted and replaced with a cross-reference to § 501a.7.
Check cashing
Language is added to § 465a.20(g) for consistency with 4 Pa.C.S. § 1516(b), which requires licensed gaming entities to establish procedures designed to deny self-excluded persons access to check cashing privileges. Subsection (h) is added which to hold a company contracted to act on the licensee's behalf to the same standards as those applicable to the licensee.
Removal from self-exclusion list
In the proposed rulemaking, language was proposed to be added to §§ 503a.2 and 503a.5 allowing an individual who had signed up for lifetime exclusion from all gaming activities to petition the Board for removal from the exclusion list only after 10 years had elapsed. At this time, the Board decided to withdraw the amendments so those who signed up for lifetime exclusion remain on the list permanently.
Comment and Response Summary
Notice of proposed rulemaking was published at 43 Pa.B. 2152 (April 20, 2013) with a 30-day public comment period. During the comment period, the Board received comments from Greenwood Gaming and Entertainment, d/b/a Parx Casino (Parx). On June 19, 2103, the Independent Regulatory Review Commission (IRRC) also submitted comments.
Parx specifically commented on the provisions associated with advertising that were being transitioned from statements of policy into regulation. Parx objected to the proposed language in § 501a.7(e)(3) which would require that for video and television advertisements, the gambling assistance message be displayed at 2% for the entire length of the advertisement. Parx suggested alternative language which would require that the gambling assistance message be displayed at 2% only from the moment the advertisement mentions the casino name or displays a gambling image to the end of the advertisement, for at least 25% of the total length of time for that advertisement.
The Board recognizes that the purpose of advertising is to get the audience's attention and convince or prompt people into action to visit the casino and enjoy its amenities, including gambling. While the Board appreciates advertising a casino's positive attributes and that for most individuals, visiting a casino is entertainment that does not lead to problem gambling. The reality is that for some individuals gambling is an addiction, the social effects of which impact not only the individual with the gambling problem but also his family, friends and coworkers. It is an issue that the Board takes seriously.
Consistent with the objectives of 4 Pa.C.S. Part II, the Board recognizes its duty to protect the public through the regulation and policing of activities involving gaming and to take into consideration the public interest of the citizens of this Commonwealth and the social effects of gaming in any decision or order of the Board. See 4 Pa.C.S. § 1102(1) and (10) (relating to legislative intent). The General Assembly also acknowledged in 4 Pa.C.S. § 1102(13) that authorization of gaming requires the Commonwealth to take steps to increase awareness of compulsive and problem gambling. One effective way to increase awareness of problem gambling, and that treatment for the disease is available, is through the dissemination of the gambling assistance message on all advertising promoting gambling.
While it is unclear to the Board how the 2% print containing the gambling assistance message at the bottom of a television advertisement would negate an advertising campaign in which the message does not make reference that a casino is what is being advertised or which one is being promoted, the Board agrees to provide operators with an option. Operators can display the gambling assistance message for either the entire length of the advertisement or from the time gaming activity is displayed or the casino's name is referenced to the end of the advertisement. If an operator elects to utilize this option, the gambling assistance must also appear, at 8%, on a screen shot for the last 3 seconds of the advertisement. While the Board appreciates the operator's suggestion that the message be displayed at least 25% of the advertisement, the Board does not believe that amounts to enough time to make the assistance message visible at 2%. A screen shot for 3-second at 8% at the end of the advertisement would be more prominently visible and would equate to 20% of a 15-second advertisement or 10% of a 30-second advertisement regardless of how long gaming activity was displayed. The Board believes this to be a fair compromise while still consistent with the objectives of 4 Pa.C.S. Part II.
At IRRC's suggestion, the Board deleted the definition of ''underage individual'' from § 513a.1 (relating to definitions) as the term is not used within Chapter 513a.
Affected Parties
Slot machine licensees, gaming junket enterprises and individuals who are currently on the voluntary self-exclusion list or may request placement on the list will be affected by this final-form rulemaking.
Fiscal Impact
Commonwealth. The Board does not expect that this final-form rulemaking will have fiscal impact on the Board or any other Commonwealth agency. Updates to internal control procedures or training materials regarding compulsive and problem gambling submitted by licensees will be reviewed by existing Board staff.
Political subdivisions. This final-form rulemaking will not have fiscal impact on political subdivisions of this Commonwealth.
Private sector. Slot machine licensees will be required to comply with the requirements in this final-form rulemaking and may need to submit updated internal control procedures and training materials regarding compulsive and problem gambling. Most licensees have already been complying with requirements in the statements of policy on advertising. Therefore, it is not anticipated that this final-form rulemaking will have a negative fiscal impact on the licensees.
With respect to the amendment to the number of individuals required for jackpot credit meter payouts, the licensees may see a slight cost savings as licensees will only need one individual instead of two to perform a majority of the credit meter payouts during the gaming day.
General public. This final-form rulemaking will not have fiscal impact on the general public.
Paperwork Requirements
If a certificate holder selects different options for the play of table games, the certificate holder will be required to submit an updated rules submission reflecting the changes. These forms are available and submitted to the Board electronically.
Additionally, licensees will be required to update their compulsive and problem gambling training annually to include current research and information. This information is submitted electronically to the Director of the Office of Compulsive and Problem Gambling.
Effective Date
The final-form rulemaking will become effective upon publication in the Pennsylvania Bulletin.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on April 5, 2013, the Board submitted a copy of the notice of proposed rulemaking, published at 43 Pa.B. 2152, to IRRC and the Chairpersons of the House Gaming Oversight Committee and the Senate Community, Economic and Recreational Development Committee for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the House and Senate Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the House and Senate Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on September 17, 2014, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on September 18, 2014, and approved the final-form rulemaking.
Findings
The Board finds that:
(1) Public notice of intention to adopt these amendments was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) The final-form rulemaking is necessary and appropriate for the administration and enforcement of 4 Pa.C.S. Part II.
Order
The Board, acting under 4 Pa.C.S. Part II, orders that:
(1) The regulations of the Board, 58 Pa. Code Chapters 421a, 421b, 439a, 464a, 465a, 481a, 501a, 503a, 503b, 513a, 603a and 633a, are amended by adding §§ 439a.6b, 501a.7 and 503a.7, deleting §§ 421a.6, 421b.1—421b.4, 501a.6 and 503b.1 and amending §§ 464a.2, 465a.20—465a.23, 465a.26, 465a.29, 481a.3, 481a.6, 501a.1—501a.3, 501a.5, 503a.1, 503a.2, 503a.4—503a.6, 513a.1, 513a.3, 513a.4, 603a.12 and 633a.13 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(Editor's Note: The amendment to § 464a.2 was not included in the proposed rulemaking published at 43 Pa.B. 2152.)
(2) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(3) This order shall take effect upon publication in the Pennsylvania Bulletin.
WILLIAM H. RYAN, Jr.,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 44 Pa.B. 6306 (October 4, 2014).)
Fiscal Note: Fiscal Note 125-168 remains valid for the final adoption of the subject regulations.
Annex A TITLE 58. RECREATION PART VII. GAMING CONTROL BOARD Subpart B. LICENSING, PERMITTING, CERTIFICATION AND REGISTRATION CHAPTER 421a. GENERAL PROVISIONS § 421a.6. (Reserved).
CHAPTER 421b. (Reserved) §§ 421b.1—421b.4. (Reserved).
CHAPTER 439a. JUNKET ENTERPRISES § 439a.6b. Conditional licenses.
(a) The Board may grant an applicant for a gaming junket enterprise license a conditional license to conduct junkets in this Commonwealth. To be eligible to obtain a conditional gaming junket enterprise license, the applicant shall:
(1) Submit completed gaming junket enterprise applications, including the nonrefundable application fees, as posted on the Board's web site, and pass a preliminary review.
(2) Submit agreements entered into between the slot machine licensee and the gaming junket enterprise or representative.
(3) Be licensed or credentialed, in good standing, to arrange or negotiate the terms of a gaming junket in a jurisdiction in the United States or Canada that the Board has determined has licensing standards that are as comprehensive and thorough and provide similar adequate safeguards as those required under the act.
(4) Pass a preliminary review of the applicant's criminal history.
(5) Agree, in writing, that the grant of permission to conduct business with a conditional license does not create a right to continue to conduct business and that the Bureau of Licensing may rescind, at any time, the conditional licensure granted to the applicant, with or without prior notice to the applicant, if the Bureau of Licensing is notified that the suitability of the applicant is at issue or the applicant fails to cooperate in the application process.
(b) If the Office of Enforcement Counsel issues a Notice of Recommendation for Denial to an applicant that has received a conditional gaming junket enterprise license, the Bureau of Licensing may rescind the conditional license. If the conditional license is rescinded, the gaming junket enterprise shall cease conducting business by the date specified in the notice of the rescission sent to the conditional licensee.
(c) If the conditional license is rescinded, the Bureau of Licensing will notify the holder of the conditional license and the slot machine licensee by registered mail that:
(1) Permission for the conditional licensee to conduct business has been rescinded.
(2) The slot machine licensee shall cease conducting business with the gaming junket enterprise by the date specified in the notice.
(d) Pending a hearing on the Notice of Recommendation for Denial, the conditional licensee may not seek or conduct new business in this Commonwealth.
(e) The slot machine licensee shall investigate the background and qualifications of the applicant for a gaming junket enterprise license with whom the slot machine licensee intends to have a relationship or enter into a contractual agreement.
(f) The slot machine licensee has an affirmative duty to avoid agreements or relationships with persons applying for a gaming junket enterprise license whose background or association is injurious to the public health, safety, morals, good order and general welfare of the people of this Commonwealth or who threaten the integrity of gaming in this Commonwealth.
(g) The slot machine licensee has a duty to inform Board staff of an action by an applicant for or holder of a gaming junket enterprise license which the slot machine licensee believes would constitute a violation of the act or this part.
Subpart E. SLOT MACHINES AND
ASSOCIATED EQUIPMENTCHAPTER 464a. SLOT MACHINE TOURNAMENTS § 464a.2. Conduct of a slot machine tournament.
* * * * * (e) Advertising to promote a slot machine tournament must, at a minimum:
(1) Comply with the advertising requirements in § 501a.7 (relating to advertising).
(2) Contain information on who is eligible to participate.
(3) Include a copy of the slot machine tournament rules or state how a copy of the rules may be obtained.
* * * * * CHAPTER 465a. ACCOUNTING AND
INTERNAL CONTROLS§ 465a.20. Personal check cashing.
(a) Checks made payable to an individual, including Social Security, unemployment insurance, disability, public assistance and payroll checks, may not be cashed by a slot machine licensee or entity certified or registered with the Board that is operating within the licensed facility. Notwithstanding the prohibition, a slot machine licensee may cash the payroll check of one of its employees or a check issued to a patron by the slot machine licensee. Personal checks accepted by a slot machine licensee which enable a patron to take part in gaming must be:
(1) Drawn on a commercial bank, savings bank, saving and loan association or credit union and payable on demand.
(2) Drawn for a specific amount.
(3) Made payable to the slot machine licensee or entity certified or registered with the Board that is operating within the licensed facility.
(4) Currently dated, but not postdated.
* * * * * (g) Prior to accepting personal checks, each slot machine licensee shall establish a comprehensive system of internal controls applicable to the acceptance of personal checks. The internal controls shall be submitted to and approved by the Board under § 465a.2 (relating to internal control systems and audit protocols). The internal controls submitted by the slot machine licensee must address procedures for complying with § 503a.4(a)(4) (relating to duties of slot machine licensees) and this section including the dollar limitation per gaming day contained in subsection (b)(6).
(h) An entity certified or registered with the Board that is cashing checks on behalf of a licensee within a licensed facility shall comply with the requirements in subsections (a)—(f).
§ 465a.21. Wire transfers.
(a) A slot machine licensee may accept a wire transfer on behalf of a patron to enable the patron to take part in gaming. A wire transfer accepted by a slot machine licensee shall be recorded in the slot machine licensee's cage accountability no later than the next gaming day.
* * * * * § 465a.22. Cash equivalents.
(a) The requirements in this section are not applicable to gaming chips or plaques.
(b) Prior to accepting cash equivalents for gaming purposes, a slot machine licensee shall establish a comprehensive system of internal controls addressing the acceptance and verification of cash equivalents. The internal controls shall be submitted to and approved by the Board under § 465a.2 (relating to internal control systems and audit protocols).
(c) The internal control procedures developed and implemented by the slot machine licensee under subsection (a) must include:
(1) A requirement that cage employees perform the specific verification procedures required under the issuer of each cash equivalent accepted. The slot machine licensee shall retain adequate documentation evidencing the verification of each cash equivalent.
(2) A requirement that cage employees examine each cash equivalent for counterfeiting, forgery or alteration.
(3) When a slot machine licensee elects to incorporate into its verification procedures a level of reliance on previously accepted cash equivalents, the procedures must articulate the general parameters governing the reliance.
(4) Criteria for cage supervisor involvement in the verification process.
(5) Procedures for verifying any patron signature on the cash equivalent. Signature verification must be accomplished in accordance with the signature verification procedures in § 465a.20 (relating to personal check cashing). The slot machine licensee shall retain adequate documentation evidencing how each signature was verified.
§ 465a.23. Customer deposits.
(a) At the request of a patron, a slot machine licensee may hold cash, value chips, plaques, funds accepted by means of personal check in accordance with § 465a.20 (relating to personal check cashing) or wire transfer in accordance with § 465a.21 (relating to wire transfers) or cash equivalents accepted in accordance with § 465a.22 (relating to cash equivalents) for a patron's subsequent use at the licensed facility. For the purposes of this section, after complying with this chapter for acceptance and verification, noncash items shall be considered converted to cash and deposited as cash for credit to the patron in a customer deposit account maintained in the cage.
(b) Prior to agreeing to hold a patron's cash, value chips, plaques, funds accepted by means of personal check in accordance with § 465a.20 or wire transfer in accordance with § 465a.21 or cash equivalents accepted in accordance with § 465a.22 for a patron's subsequent use at the licensed facility, each slot machine licensee shall establish a comprehensive system of internal controls addressing the receipt and withdrawal of a customer deposit. The internal controls shall be submitted to and approved by the Board under § 465a.2 (relating to internal control systems and audit protocols).
(c) The internal control procedures developed and implemented by the slot machine licensee under subsection (b) must include:
(1) A requirement that customer deposits be accepted at the cage.
(2) A requirement that customer deposits be withdrawn by the patron at the cage, gaming table or upon receipt of a written request for withdrawal whose validity has been established.
(3) A requirement that the patron receive a receipt for any customer deposit accepted reflecting the total amount deposited, the date of the deposit and the signature of the cage employee accepting the customer deposit.
(4) Procedures for verifying the identity of the patron at the time of withdrawal. Signature verification shall be accomplished in accordance with the signature verification procedures under § 465a.20. The slot machine licensee shall maintain adequate documentation evidencing the patron identification process and how the signature was verified.
§ 465a.26. Jackpot and credit meter payouts.
* * * * * (b) The internal control procedures must, at a minimum, include:
(1) The use of a two-part electronically generated jackpot/credit meter payout slip created by a slot attendant or slot supervisor or higher slot operations department employee, verifying the winning wager or winning combination of characters or a code corresponding to the winning combination of characters on the slot machine or fully automated electronic gaming table and the amount of the jackpot or credit meter payout based on the observed winning wager or winning combinations.
(2) A requirement that if the jackpot or credit meter payout on a slot machine is equal to or between $1,200 and $9,999.99, a security department member or a slot operations department member other than the preparer shall sign the jackpot/credit meter payout slip verifying the winning combination of characters or a code corresponding to the winning combination of characters on the slot machine, the amount of the jackpot or credit meter payout and the payment of the jackpot or credit meter payout to the patron. Notwithstanding the forgoing, if the licensee's slot or casino management system can independently verify a jackpot or credit meter payout, only the preparer is required to sign the jackpot/credit meter payout slip for payouts less than or equal to $4,999.99 provided that the slot machine licensee's internal control reflect the following:
(i) If the slot machine licensee's slot or casino management system or the central control computer system are not fully operational, or when overrides or adjustments are required, two individuals shall verify a jackpot or credit meter payout that is equal to or between $1,200 and $9,999.99 as specified in this paragraph.
(ii) Jackpot payouts that are equal to or greater than $1,200 shall be accompanied by the issuance of a W-2G Form.
(3) A requirement that if the jackpot or credit meter payout is equal to or between $10,000 and $24,999.99 on a slot machine, or between $5,000 and $24,999.99 on a fully automated electronic gaming table, a security department member, a slot supervisor or other employee holding the same or greater level of authority than a slot supervisor shall sign the jackpot/credit meter payout slip verifying the winning wager or winning combination of characters or a code corresponding to the winning combination of characters on the slot machine or fully automated electronic gaming table, the amount of the jackpot or credit meter payout, and the payment of the jackpot or credit meter payout to the patron. If the two-part electronically generated jackpot/credit meter payout slip required under paragraph (1) is created by a slot supervisor or higher slot operations department employee, the verification required by this paragraph may be completed by a slot attendant, security department member, a slot supervisor or other employee holding the same or greater level of authority as a slot supervisor.
(4) A requirement that if the jackpot or credit meter payout on a slot machine or fully automated electronic gaming table is $25,000 or more, a slot supervisor or other employee holding the same or greater level of authority as a slot supervisor shall sign the jackpot/credit meter payout slip verifying the winning wager or winning combination of characters or a code corresponding to the winning combination of characters on the slot machine or fully automated electronic gaming table, the amount of the jackpot or credit meter payout, and the payment of the jackpot or credit meter payout to the patron. If the two-part electronically generated jackpot/credit meter payout slip required under paragraph (1) is created by a slot supervisor or higher slot operations department employee, the verification required by this paragraph may be completed by a slot attendant, security department member, a slot supervisor or other employee holding the same or greater level of authority as a slot supervisor.
(5) A requirement that the following information be on all two-part electronically generated jackpot/credit meter payout slips:
(i) The date and time of the jackpot or credit meter payout.
(ii) The asset number of the slot machine or fully automated electronic gaming table on which the jackpot or credit meter payout was registered.
(iii) The winning wager or winning combination of characters constituting the jackpot or a code corresponding to the winning combination of characters constituting the jackpot.
(iv) The type of win (that is, progressive, jackpot or credit meter payout).
(v) The amount that is to be paid to the winning patron. This amount may, at the slot machine licensee's discretion, be rounded up to the nearest whole dollar.
(vi) A unique number generated by the slot monitoring system.
(vii) The signature or, if the slot accounting system has approved controls for access to the system, the electronic authorization of the preparer.
(viii) The signature or, if the slot accounting system has appropriate controls for access, the electronic authorization of the witness when the amount is equal to or greater than $1,200, except as provided in paragraph (2).
(ix) The signature or identification code of the cashier providing the funds to the preparer, if applicable.
(6) A requirement that the two-part electronically generated jackpot/credit meter payout slip not be susceptible to any changes or deletion from the slot monitoring system by any personnel after preparation.
(7) A requirement that whenever a winning patron is paid directly by a slot attendant's imprest fund, a two-part manual jackpot/credit meter payout slip is completed that contains the following information:
(i) The date and time of the jackpot or credit meter payout.
(ii) The asset number of the slot machine or fully automated electronic gaming table on which the jackpot or credit meter payout was registered.
(iii) The winning wager or winning combination of characters constituting the jackpot or a code corresponding to the winning combination of characters constituting the jackpot.
(iv) The type of win (that is, progressive, jackpot or credit meter payout).
(v) The amount paid to the winning patron. This amount may, at the slot machine licensee's discretion, be rounded up to the nearest whole dollar.
(vi) The signature and Board-issued credential number of the preparer.
(vii) The signature and Board-issued credential number of the witness when the amount is equal to or greater than $1,200, except as provided in paragraph (2).
* * * * * § 465a.29. Automated teller machines.
(a) Automated teller machines may be placed at any location within a licensed facility. Automated teller machines that offer credit card advances may not be placed on the gaming floor.
(b) An automated teller machine must have a label on the top and front of the automated teller machine that displays a unique identification number of the automated teller machine. The labels must have white lettering on a black background or another color combination approved by the Bureau of Casino Compliance, may not be easily removed and must be easily visible to the surveillance department. The label on the top of the automated teller machine must be at least 1.5 inches by 5.5 inches and the label on the front of the automated teller machine must be at least 1 inch by 2.5 inches.
(c) A slot machine licensee may utilize an automated teller machine that also contains an automated gaming voucher redemption machine, an automated coupon redemption machine or bill breaker provided that the machine complies with § 465a.34 (relating to automated gaming voucher and coupon redemption machine accounting controls).
(d) Automated teller machines located within a licensed facility may not accept Pennsylvania Access/Electronic Benefits Transfer Cards.
Subpart G. MINORITY AND WOMEN'S
BUSINESS ENTERPRISESCHAPTER 481a. DIVERSITY § 481a.3. Diversity participation.
(a) The list of the minority and women's business enterprises that are verified by the Bureau of Small Business Opportunities of the Department of General Services under 62 Pa.C.S. Part I (relating to Commonwealth Procurement Code) may be used by a regulated entity to establish the eligibility of an enterprise as a minority or women's business enterprise for the purpose of promoting and ensuring minority and women's business participation.
(b) It is the responsibility of the regulated entity to verify that a minority or women's business enterprise that is not verified by the Bureau of Small Business Opportunities of the Department of General Services is a minority or women's business enterprise as defined in 4 Pa. Code § 58.302 (relating to definitions).
§ 481a.6. Diversity reviews.
(a) Onsite diversity reviews may be performed on an annual basis or at the discretion of Board staff to ensure compliance with this chapter.
(b) Advanced written notice will be provided to a regulated entity prior to the conduct of an onsite diversity review by Board staff.
Subpart I. COMPULSIVE AND
PROBLEM GAMBLINGCHAPTER 501a. COMPULSIVE AND PROBLEM GAMBLING REQUIREMENTS § 501a.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Advertisement—Gaming related marketing materials including a notice or communication by a licensee, certified or registered entity or its agent to the public through signs, billboards, broadcasts, publications, mail, e-mail, text message, tweet or other means of dissemination.
OCPG—The Office of Compulsive and Problem Gambling.
§ 501a.2. Compulsive and problem gambling plan.
(a) An applicant for a slot machine license shall submit a compulsive and problem gambling plan for review at the time of submission of the application. The plan must, at a minimum, contain the elements listed in subsection (d).
(b) The compulsive and problem gambling plan of an applicant for a slot machine license that has been approved to receive a slot machine license must be approved by the Director of OCPG. An applicant for a slot machine license who has been approved to receive a slot machine license will be notified in writing of any deficiencies in the plan and may submit revisions to the plan to the Director of OCPG. A slot machine licensee may not commence operations until the Director of OCPG approves the plan.
* * * * * (f) The Board may provide the plan submitted by the slot machine licensee to the Department of Health for its use in administering the act. The Department of Health may provide comments and recommendations to the OCPG and the licensee relating to the plan.
(g) A slot machine licensee shall submit amendments to the compulsive and problem gambling plan to the Director of OCPG for review and approval at least 30 days prior to the intended implementation date of the amendments. The slot machine licensee may implement the amendments on the 30th calendar day following the filing the amendments unless the slot machine licensee receives a notice under subsection (h) objecting to the amendments.
(h) If during the 30-day review period the Director of OCPG determines that the amendments may not promote the prevention of compulsive and problem gambling or assist in the proper administration of responsible gaming programs, the Director of OCPG may, by written notice to the slot machine licensee, object to the amendments. The objection will:
(1) Specify the nature of the objection and, when possible, an acceptable alternative.
(2) Direct that the amendments not be implemented until approved by the Director of OCPG.
(i) When amendments have been objected to under subsection (h), the slot machine licensee may submit revised amendments for review in accordance with subsections (g) and (h).
§ 501a.3. Employee training program.
(a) The employee training program required under § 501a.2(d)(5) (relating to compulsive and problem gaming plan) must include instruction in the following:
(1) Characteristics and symptoms of compulsive behavior, including compulsive and problem gambling.
(2) The relationship of compulsive and problem gambling to other addictive behavior.
(3) The social and economic consequences of compulsive and problem gambling, including debt, treatment costs, suicide, criminal behavior, unemployment and domestic issues.
(4) Techniques to be used when compulsive and problem gambling is suspected or identified.
(5) Techniques to be used to discuss compulsive and problem gambling with patrons and advise patrons regarding community, public and private treatment services.
(6) Procedures designed to prevent serving alcohol to visibly intoxicated gaming patrons.
(7) Procedures designed to prevent persons from gaming after having been determined to be visibly intoxicated.
(8) Procedures for the dissemination of written materials to patrons explaining the self-exclusion program.
(9) Procedures for removing an excluded person, an underage individual or a person on the self-exclusion list from a licensed facility including, if necessary, procedures that include obtaining the assistance of appropriate law enforcement personnel.
(10) Procedures for preventing an excluded person or a person on the self-exclusion list from being mailed any advertisement, promotion or other target mailing no later than 5 business days after receiving notice from the Board that the person has been placed on the excluded person or self-exclusion list.
(11) Procedures for preventing an individual under 21 years of age from receiving any advertisement, promotion or other target mailing.
(12) Procedures to prevent an excluded person, an individual under 21 years of age or a person on the self-exclusion list from having access to or from receiving complimentary services, or other like benefits.
(13) Procedures to prevent an excluded person, an individual under 21 years of age or a person on the self-exclusion list from cashing checks.
(b) Training and training materials shall be updated annually and include current research and information on responsible and problem gambling.
(c) Training for employees shall be conducted by a person with specialized knowledge, skill, training and experience in responsible gaming employee training programs as part of the employee's orientation.
(d) Employees who have received training shall be certified by the slot machine licensee under § 501a.2(d)(6) upon completion of the training.
(e) Employees are required to receive periodic reinforcement training at least once every calendar year starting with the year following the year in which the employee was hired. The date of the reinforcement training shall be recorded in each employee's personnel file.
(f) Employees shall report suspected or identified compulsive or problem gamblers to a designated key employee or other supervisory employee.
(g) The identity of an individual suspected of known compulsive or problem gambling shall be confidential except as provided under § 503a.3(f) (relating to self-exclusion list) and section 1516(d) of the act (relating to list of persons self excluded from gaming activities).
(h) Slot machine licensees may collaborate with a person with specialized knowledge, skill, training and experience in responsible gaming employee training programs to develop an in-house or Internet-based employee training program to provide the training and reinforcement training required under this chapter.
§ 501a.5. Signage requirements.
Under section 1509(c) of the act (relating to compulsive and problem gambling program), each slot machine licensee shall post at least 20 signs that include a gambling assistance message that complies with § 501a.7(d) (relating to advertising). The complete text of the sign shall be submitted for approval to the Director of OCPG utilizing the process contained in § 501a.2(g) (relating to compulsive and problem gambling plan). The signs must be prominently posted at the following locations:
(1) Within 50 feet of each entrance and exit of the facility.
(2) Above or below the cash dispensing opening on all automated teller machines, automated gaming voucher and coupon redemption machines, and other machines that dispense cash to patrons in the licensed facility.
§ 501a.6. (Reserved).
§ 501a.7. Advertising.
(a) A licensee, certified or registered entity, or its agent may not employ or contract with an individual or entity to persuade or convince a person to engage in gaming or play a specific slot machine or table game while on the gaming floor of a licensed facility.
(b) A licensee, certified or registered entity, or its agent shall discontinue as expeditiously as possible the use of a particular advertisement upon receipt of written notice that the OCPG has determined that the use of the particular advertisement in, or with respect to, this Commonwealth could adversely impact the public or the integrity of gaming.
(c) Advertisements used by a licensee, certified or registered entity, or its agent may not:
(1) Contain false or misleading information.
(2) Fail to disclose conditions or limiting factors associated with the advertisement.
(3) Use a font, type size, location, lighting, illustration, graphic depiction or color obscuring conditions or limiting factors associated with the advertisement or the statement required under subsection (d).
(d) Advertisements must contain a gambling assistance message that is similar to one of the following:
(1) If you or someone you know has a gambling problem, help is available. Call (toll free telephone number).
(2) Gambling Problem? Please call (toll free telephone number).
(3) Gambling Problem? Call (toll free telephone number).
(e) The complete text of the gambling assistance message and the font to be used for the statement, if it has not been previously approved, shall be submitted to the Director of OCPG for approval utilizing the process in § 501a.2(g) (relating to compulsive and problem gambling plan) and comply with the following:
(1) For signs, direct mail marketing materials, posters and other print advertisements, the height of the font used for the gambling assistance message must be the greater of:
(i) The same size as the majority of the text used in the sign, direct mail marketing material, poster or other print advertisement.
(ii) Two percent of the height or width, whichever is greater, of the sign, direct mail marketing material, poster or other print advertisement.
(2) For billboards, the height of the font used for the gambling assistance message must be at least 5% of the height or width, whichever is greater, of the face of the billboard.
(3) For video and television, the gambling assistance message must be visible for either:
(i) The entire time the video or television advertisement is displayed. The height of the font used for the gambling assistance message must be at least 2% of the height or width, whichever is greater, of the image that will be displayed.
(ii) From the first time a table game, table game device, slot machine, associated equipment or casino name is displayed or verbally referenced, and on a dedicated screen shot visible for at least the last 3 seconds of the video or television advertisement. If the licensee elects to utilize this option, the height of the font used for the gambling assistance message displayed:
(A) During the advertisement must be at least 2% of the height or width, whichever is greater, of the image that will be displayed.
(B) On the dedicated screen shot must be at least 8% of the height or width, whichever is greater, of the image that will be displayed.
(4) For web sites, including social media sites:
(i) The gambling assistance message must be posted on each webpage or profile page and on a gaming related advertisement posted on the webpage or profile page.
(ii) The height of the font used for the gambling assistance message must be at least the same size as the majority of the text used in the webpage or profile page.
(iii) For advertisements posted on the webpage or profile page, the height of the font used for the gaming assistance message must comply with paragraph (1).
CHAPTER 503a. SELF-EXCLUSION § 503a.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Fully executed gaming transaction—An activity involving a slot machine, table game or associated equipment which occurs on the gaming floor of a licensed facility or in areas off the gaming floor where contests or tournaments are conducted which results in an individual obtaining any money or thing of value from, or being owed any money or thing of value by, a slot machine licensee or slot system operator.
Gaming activity—The play of slot machines or table games including play during contests, tournaments or promotional events.
Gaming related activity—An activity related to the play of slot machines or table games including applying for player club memberships or credit, cashing checks, or accepting a complimentary gift, service, promotional item or other thing of value at a licensed facility.
OCPG—Office of Compulsive and Program Gambling.
Self-excluded person—A person whose name and identifying information is included, at the person's own request, on the self-exclusion list maintained by the Board.
Self-exclusion list—A list of names and identifying information of persons who, under this chapter, have voluntarily agreed to be:
(i) Excluded from the gaming floor and areas off the gaming floor where gaming activity is conducted.
(ii) Excluded from engaging in all gaming related activities at a licensed facility.
(iii) Prohibited from collecting any winnings or recovering any losses resulting from gaming activity.
Winnings—Any money or thing of value received from, or owed by, a slot machine licensee or slot system operator as a result of a fully executed gaming transaction.
§ 503a.2. Request for self-exclusion.
(a) A person requesting placement on the self-exclusion list shall submit, in person, a completed Request for Voluntary Self-exclusion from Gaming Activities Form to the Board. The submission may be made by scheduling an appointment at the Board's Harrisburg office, one of the Board's other offices or at a licensed facility. To make an appointment, a person may contact the OCPG at (717) 346-8300.
(b) A request for self-exclusion must include the following identifying information:
(1) Name, including any aliases or nicknames.
(2) Date of birth.
(3) Address of current residence.
(4) Telephone number.
(5) Social Security number, when voluntarily provided in accordance with section 7 of the Privacy Act of 1974 (5 U.S.C.A. § 552a).
(6) Physical description of the person, including height, weight, gender, hair color, eye color and any other physical characteristic that may assist in the identification of the person.
(c) The information provided in subsection (b) shall be updated by the self-excluded person within 30 days of a change. Updated information shall be submitted on a Change of Information Form to the following address. A copy of the form can be obtained by calling the OPCG at (717) 346-8300 or by writing to:
PENNSYLVANIA GAMING CONTROL BOARD OFFICE OF COMPULSIVE AND PROBLEM GAMBLING
P. O. BOX 69060
HARRISBURG, PA 17106-9060(d) The length of self-exclusion requested by a person must be one of the following:
(1) One year (12 months).
(2) Five years.
(3) Lifetime.
(e) A request for self-exclusion must include a signed release which:
(1) Acknowledges that the request for self-exclusion has been made voluntarily.
(2) Certifies that the information provided in the request for self-exclusion is true and accurate.
(3) Acknowledges that the individual requesting self-exclusion is a problem gambler.
(4) Acknowledges that a person requesting a lifetime exclusion is prohibited from requesting removal from the self-exclusion list and that a person requesting a 1-year or 5-year exclusion will remain on the self-exclusion list until a request for removal under § 503a.5 (relating to removal from self-exclusion list) is approved.
(5) Acknowledges that if the individual is discovered on the gaming floor, in areas off the gaming floor where gaming activity is conducted or engaging in gaming related activities at any licensed facility, that the individual will be subject to removal and arrest for criminal trespass under 18 Pa.C.S. § 3503 (relating to criminal trespass) and the individual's winnings will be subject to confiscation and remittance to support compulsive and problem gambling programs.
(6) Releases, indemnifies, holds harmless and forever discharges the Commonwealth, the Board and all slot machine licensees from claims, damages, losses, expenses or liability arising out of, by reason of or relating to the self-excluded person or to any other party for any harm, monetary or otherwise, which may arise as a result of one or more of the following:
(i) The failure of a slot machine licensee to withhold gaming privileges from or restore gaming privileges to a self-excluded person.
(ii) Otherwise permitting or not permitting a self-excluded person to engage in gaming activity in a licensed facility while on the list of self-excluded persons.
(iii) Confiscation of the individual's winnings.
(f) Self-exclusions for 1 year or 5 years remain in effect until the period of self-exclusion concludes and the person requests removal from the Board's self-exclusion list under § 503a.5.
(g) A person submitting a self-exclusion request shall present a valid government-issued photo identification containing the person's signature and photograph when the person submits the request.
(h) A person requesting self-exclusion under this chapter shall have a photograph taken by the Board, or agent thereof, upon acceptance of the request to be on the list.
§ 503a.4. Duties of slot machine licensees.
(a) A slot machine licensee shall train its employees and establish procedures to:
(1) Identify a self-excluded person when present on the gaming floor, in areas off the gaming floor where gaming activity is conducted or engaging in gaming related activities and, upon identification, immediately notify the following persons:
(i) Employees of the slot machine licensee whose duties include the removal of self-excluded persons.
(ii) Casino compliance representatives at the licensed facility.
(iii) The Pennsylvania State Police.
(2) Refuse wagers from and deny gaming privileges to a self-excluded person.
(3) Deny gaming related activities, gaming junket participation and other similar privileges and benefits to a self-excluded person.
(4) Ensure that self-excluded persons do not receive, either from the slot machine licensee or any agent thereof, gaming junket solicitations, targeted mailings, telemarketing promotions, player club materials or other promotional materials relating to gaming activities at its licensed facility as required under § 501a.3(a)(10) (relating to employee training program).
(5) Comply with § 503a.3(d) (relating to self-exclusion list).
(6) Make available to patrons written materials explaining the self-exclusion program.
(b) A slot machine licensee shall submit a copy of its procedures and training materials established under subsection (a) to the Director of OCPG for review and approval at least 30 days prior to initiation of gaming activities at the licensed facility. The slot machine licensee will be notified in writing of any deficiencies in the procedures and training materials and may submit revisions to the procedures and training materials to the Director of OCPG. A slot machine licensee may not commence operations until the Director of OCPG approves the procedures and training.
(c) A slot machine licensee shall submit amendments to the procedures and training materials required under subsection (b) to the Director of OCPG for review and approval at least 30 days prior to the intended implementation date of the amendments. The slot machine licensee may implement the amendments on the 30th calendar day following the filing of the amendments unless the slot machine licensee receives a notice under subsection (d) objecting to the amendments.
(d) If during the 30-day review period the Director of OCPG determines that the amendments to the procedures and training materials may not promote the prevention of gaming by self-excluded individuals or assist in the proper administration of the self-exclusion program, the Director of OCPG may, by written notice to the slot machine licensee, object to the amendments. The objection will:
(1) Specify the nature of the objection and, when possible, an acceptable alternative.
(2) Direct that the amendments not be implemented until approved by the Director of OCPG.
(e) When the amendments to the procedures and training materials have been objected to under subsection (d), the slot machine licensee may submit revised amendments in accordance with subsections (c) and (d).
(f) A slot machine licensee shall post signs at all entrances to a licensed facility indicating that a person who is on the self-exclusion list will be subject to arrest for trespassing under 18 Pa.C.S. § 3503 (relating to criminal trespass) if the person is on the gaming floor, in areas off the gaming floor where gaming activity is conducted or engaging in gaming related activities in the licensed facility. The text and font size of the signs shall be submitted for approval to the Director of OCPG under the procedures specified in subsection (b).
(g) The list of self-excluded persons is confidential, and any distribution of the list to an unauthorized source constitutes a violation of the act.
(h) Under section 1516 of the act (relating to list of persons self excluded from gaming activities), slot machine licensees and employees thereof may not be liable for damages in any civil action, which is based on the following:
(1) Failure to withhold gaming privileges from or restore gaming privileges to a self-excluded person.
(2) Permitting or not permitting a self-excluded person to gamble.
(3) Good faith disclosure of the identity of a self-excluded person to someone, other than those authorized by this chapter, for the purpose of complying with this chapter.
(i) A slot machine licensee shall report the discovery of a self-excluded person on the gaming floor, in areas off the gaming floor where gaming activity is conducted or engaging in gaming related activities to the Director of OCPG within 24 hours.
§ 503a.5. Removal from self-exclusion list.
(a) For individuals who are self-excluded for 1 year or 5 years, upon the conclusion of the period of self-exclusion, the individual may request removal from the self-exclusion list by scheduling an appointment with the OCPG at (717) 346-8300. At the scheduled appointment time, the individual requesting removal shall submit, in person, a completed Request for Removal from Voluntary Self-Exclusion Form as required under subsections (b) and (c). With an appointment, removal from the list may be conducted at the Board's Harrisburg office, one of the Board's regional offices or other location approved by the OCPG.
(b) A Request for Removal from Voluntary Self-Exclusion Form must include:
(1) The identifying information specified in § 503a.2(b) (relating to request for self-exclusion).
(2) The signature of the person requesting removal from the self-exclusion list indicating acknowledgment of the following statement:
''I certify that the information that I have provided above is true and accurate. I am aware that my signature below constitutes a revocation of my previous request for self-exclusion, and I authorize the Board to permit all slot machine licensees of the Commonwealth of Pennsylvania to reinstate my gaming privileges at licensed facilities.''
(c) A person submitting a Request for Removal from Voluntary Self-Exclusion Form shall be required to present a valid government-issued photo identification containing the person's signature when the form is submitted during the person's scheduled appointment.
(d) Within 15 business days after the Request for Removal from Voluntary Self-Exclusion Form is accepted by Board staff, the OCPG will delete the name of the individual from the self-exclusion list and notify each slot machine licensee of the removal. An individual who was removed from the voluntary self-exclusion list may not enter the gaming floor, areas off the gaming floor where contests or tournaments are conducted or engage in gaming related activities for 15 business days from the date Board staff accepts the request to be removed from the voluntary self-exclusion list or may be subject to arrest for trespassing under 18 Pa.C.S. § 3503 (relating to criminal trespass).
§ 503a.6. Exceptions for individuals on the self-exclusion list.
The prohibition against allowing self-excluded persons to be on the gaming floor or in areas off the gaming floor where gaming activity is conducted does not apply to an individual who is on the self-exclusion list if all of the following apply:
(1) The individual is carrying out the duties of employment or incidental activities related to employment.
(2) The slot machine licensee's security department and the Board's office located at the licensed facility have received prior notice.
(3) Access to the gaming floor or areas off the gaming floor where gaming activity is conducted is limited to the time necessary to complete the individual's assigned duties.
(4) The individual does not otherwise engage in any gaming activities.
§ 503a.7. Disclosure of information related to persons on the self-exclusion list.
(a) The Board may periodically release to the public demographics and general information regarding the self-exclusion list such as the total number of individuals on the list, gender breakdown and age range.
(b) The Board may make selected data available, upon request, for the limited purpose of assisting in the proper administration of responsible gaming programs.
(c) The Board will not disclose identifying information or confirm or deny the existence of an individual's name on the Board's voluntary self-exclusion list.
CHAPTER 503b. (Reserved) § 503b.1. (Reserved).
Subpart J. EXCLUSION OF PERSONS CHAPTER 513a. UNDERAGE GAMING § 513a.1. Definitions.
The following words and phrases, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Fully executed gaming transaction—An activity involving a slot machine, table game or associated equipment which occurs on the gaming floor of a licensed facility or in areas off the gaming floor where contests or tournaments are conducted and which results in an individual obtaining any money or thing of value from, or being owed any money or thing of value by, a slot machine licensee.
OCPG—The Office of Compulsive and Problem Gambling.
Winnings—Any money or thing of value received from, or owed by, a slot machine licensee as a result of a fully executed gaming transaction.
§ 513a.3. Responsibilities of licensees, permittees, registrants and certification holders.
(a) A person holding a license, permit, certification or registration issued by the Board is prohibited from permitting or enabling an individual to engage in conduct that violates § 513a.2(a), (b), (c) or (d) (relating to exclusion requirements).
(b) The slot machine licensee shall train its employees and establish procedures to:
(1) Identify and remove individuals who are less than 21 years of age and not otherwise authorized to be in the licensed facility as provided in § 513a.2(a).
(2) Immediately notify the casino compliance representatives at the licensed facility and the Pennsylvania State Police when an individual less than 21 years of age is discovered on the gaming floor, in areas off the gaming floor where gaming activity is conducted or engaging in gaming related activities.
(3) Refuse wagers from and deny gaming privileges to an individual less than 21 years of age.
(4) Deny check cashing privileges, player club memberships, extensions of credit, complementary goods and services, junket participation, and other similar privileges and benefits to an individual less than 21 years of age.
(5) Ensure that individuals less than 21 years of age do not receive, either from the slot machine licensee or an agent thereof, junket solicitations, targeted mailing, telemarketing promotions, player club membership materials or other promotional materials relating to gaming activities.
(c) Slot machine licensees shall establish procedures to prevent violations of this chapter and submit a copy of the procedures to the Director of OCPG 30 days prior to initiation of gaming activities at the licensed facility. A slot machine licensee will be notified in writing of any deficiencies in the plan and may submit revisions to the plan to the Director of OCPG. The slot machine licensee may not commence operations until the Director of OCPG approves its procedures. Amendments to these procedures must be submitted to and approved by the Director of OCPG prior to implementation.
(d) A slot machine licensee may be subject to Board imposed administrative sanctions if a person engages in conduct that violates § 513a.2(a), (b), (c) or (d) at its licensed facility. Under § 513a.2(e), winnings obtained by a slot machine licensee from or held on account of a person under 21 years of age shall be remitted to the Board to support compulsive and problem gambling programs of the Board.
(e) A person holding a license, permit, registration or certification issued by the Board who violates a provision of this chapter may be held jointly or severally liable for the violation.
§ 513a.4. Signage requirements.
A slot machine licensee shall post signs that include a statement that is similar to the following: ''It is unlawful for any individual under 21 years of age to enter or remain in any area where slot machines or table games are operated. It is unlawful for any individual under the age of 21 to wager, play or attempt to play a slot machine or table game. Individuals violating this prohibition will be removed and may be subject to arrest and criminal prosecution.'' The complete text of the sign shall be submitted to and approved by the Director of OCPG as part of the procedures required under § 513a.3(b) (relating to responsibilities of licensees, permittees, registrants and certification holders). The signs shall be prominently posted within 50 feet of each entrance and exit of the gaming floor.
Subpart K. TABLE GAMES CHAPTER 603a. TABLE GAME EQUIPMENT § 603a.12. Dice; physical characteristics.
* * * * * (c) Dice used in the table game of Sic Bo must comply with subsection (a) except each die used in an automated Sic Bo shaker must be formed in the shape of a cube 0.625 inch on each side with ball edge corners.
* * * * * CHAPTER 633a. BLACKJACK § 633a.13. Payout odds; payout limitation.
* * * * * (k) The certificate holder shall pay out winning Three Card Poker Wagers at odds in one of the following pay tables selected by the certificate holder in its Rules Submission filed in accordance with § 601a.2:
Hand Paytable A Paytable B Straight Flush 9 to 1 30 to 1 Three-of-a-kind 9 to 1 20 to 1 Straight 9 to 1 10 to 1 Flush 9 to 1 5 to 1 * * * * * [Pa.B. Doc. No. 14-2310. Filed for public inspection November 7, 2014, 9:00 a.m.]
