Title 58—RECREATION PENNSYLVANIA GAMING CONTROL BOARD [ 58 PA. CODE CH. 529 ] Temporary Table Game Licensing Regulations [40 Pa.B. 844]
[Saturday, February 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 (Act 1) and the specific authority in 4 Pa.C.S. §§ 1317 and 1317.1 (relating to supplier licensees; and manufacturer licenses), adopts temporary regulation in Chapter 529 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 a new Subpart K entitled Table Games.
Purpose of the Temporary Rulemaking
This temporary rulemaking sets forth requirements related to licensing of table game device manufacturers, manufacturer designees and suppliers and allows the issuance of temporary credentials to gaming employees.
Explanation of Chapter 529
Section 529.1 establishes the requirements related to the issuance of a conditional table game device license to entities that have applied for a table game device manufacturer, manufacturer designee or supplier license.
Act 1 authorizes the conduct of table games in this Commonwealth. As part of Act 1, entities that want to manufacture or supply table game devices are required to obtain a table game device manufacturer, manufacturer designee or supplier license. For entities that are not currently licensed by the Board, this will require the entities to file a manufacturer, manufacturer designee or supplier license application. Typically, these applications can take a year or more to process due to the extensive background investigations that are required. However, slot machine licensees who obtain a table game operation certificate will need to be able to purchase table game devices in the coming months.
To address this need, the Board has decided that it may issue conditional licenses to table game device manufacturer, manufacturer designee or supplier applicants who meet the requirements contained in § 529.1 (relating to table game devices—conditional licenses). More specifically, these applicants will have to: have submitted a complete licensing application; be licensed in good standing in a jurisdiction that has licensing standards which provide similar safeguards to those in this Commonwealth; have an expression of interest in acquiring the equipment they manufacture or supply from a slot machine applicant or licensee or a manufacturer designee or supplier licensee; have successfully completed a preliminary screening, including a criminal background check; and have paid the applicable application and licensing fee. To date, the Board has determined that New Jersey, Nevada, Mississippi and Louisiana have licensing standards that are equivalent to this Commonwealth.
Table game device manufacturer, manufacturer designee or supplier applicants who meet these requirements will be able to begin to provide table game devices while the review of their license application continues. If however, as part of the continuing investigation, the Office of Enforcement Counsel issues a Notice of Recommendation of Denial, the Bureau of Licensing may rescind the conditional license. If this occurs, the Bureau of Licensing will notify the applicant and all slot machine applicants and licensees and manufacturers, manufacturer designee and supplier licensees that the applicant is no longer authorized to provide table game devices in this Commonwealth. This notice will be sent by registered mail and contain a date after which the applicant will no longer be able to provide table game devices.
Under § 529.2 (relating to temporary credentials for gaming employees), gaming employees who are required to obtain an occupation permit will be able to obtain a temporary credential. This will allow gaming employees in critical positions to work in a licensed facility before their permit is issued.
Affected Parties
Slot machine licensees will benefit from this rulemaking because they will have more sources from whom they may obtain table game devices in a shorter period of time. Applicants for table game device manufacturer, manufacturer designee or supplier licenses will benefit by being able to offer their products in this Commonwealth sooner.
Employees who are required to obtain an occupation permit will be able to obtain a temporary credential which will allow them to work in a licensed facility before their permit is issued.
Fiscal Impact
Commonwealth
The Board does not anticipate that there will be any significant net costs or savings to the Board or any other Commonwealth agency as a result of this rulemaking. This is because the costs associated with the review of applications are recovered from the applicants.
Political Subdivisions
This rulemaking will have no direct fiscal impact on political subdivisions of this Commonwealth.
Private Sector
This rulemaking will make it easier for slot machine applicants and licensees to obtain table game devices in the coming months. It will also allow table game device manufacturer, manufacturer designee or supplier applicants to offer their products in this Commonwealth sooner.
Table game device manufacturer, manufacturer designee and supplier applicants will have to complete the applicable existing Board license application forms and pay all of the associated application, investigation and licensing fees. However, there will be no additional forms required or fees imposed in connection with the conditional licenses.
General Public
This rulemaking will have no fiscal impact on the general public.
Paperwork requirements
This rulemaking will not require applicants to file any separate or additional application forms or materials to be considered for a conditional license. These applicants will however be required to file the normal applications and related materials for a manufacturer, manufacturer designee or supplier license.
Effective Date
This temporary rulemaking will become effective upon publication in the Pennsylvania Bulletin.
Public Comments
While this rulemaking will be effective upon publication, the Board is seeking comments from the public and affected parties as to how these temporary regulations might be improved. Interested persons are invited to submit written comments, suggestions or objections regarding this temporary rulemaking, within 30 days after the date of publication in the Pennsylvania Bulletin to Richard Sandusky, Director of Regulatory Review, Pennsylvania Gaming Control Board, P. O. Box 69060, Harrisburg, PA 17106-9060, Attention: Public Comment on Regulation #125-111.
Contact Person
The contact person for questions about this rulemaking is Richard Sandusky, Director of Regulatory Review, at (717) 214-8111.
Regulatory Review
Under 4 Pa.C.S. § 1303A, the Board is authorized to adopt temporary regulations which are not subject to the provisions of: sections 201, 202, 203, 204 and 205 of the act of July 31, 1968 (P. L. 769, No. 240), referred to as the Commonwealth Documents Law; 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 shall 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 Commonwealth Documents Law and sections 204(b) and 301(10) of the Commonwealth Attorney 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, are amended by adding temporary §§ 529.1 and 529.2 to read as set forth in Annex A.
(2) The temporary regulations are effective February 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 shall be 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: 125-111. No fiscal impact; (8) recommends adoption.
Annex A Title 58. RECREATION PART VII. GAMING CONTROL BOARD Subpart K. TABLE GAMES CHAPTER 529. GENERAL LICENSING REQUIREMENTS Sec.
529.1. Table game devices—conditional licenses. 529.2. Temporary credentials for gaming employees. § 529.1. Table game devices—conditional licenses.
(a) The Board may grant an applicant for a table game device manufacturer, manufacturer designee or supplier license a conditional license to conduct table game business in this Commonwealth, prior to licensure.
(b) To be eligible to obtain a conditional table game device license, the applicant for a table game device manufacturer, manufacturer designee or supplier license shall:
(1) Submit a completed manufacturer, manufacturer designee or supplier license application.
(2) Be licensed in good standing to manufacture or provide table game devices in another jurisdiction in the United States or Canada that the Board has determined has licensing standards that are comprehensive and thorough and provide similar adequate safeguards as those required by the act.
(3) Submit a written statement from a slot machine licensee or applicant, a supplier licensee or a manufacturer designee licensee that the slot machine licensee or applicant, the supplier licensee or the manufacturer designee licensee may do business with the applicant for the purpose of purchasing, selling or marketing table game devices.
(4) Pass a preliminary review of the application and criminal history investigation.
(5) Submit full payment for the table game device manufacturer, manufacturer designee or supplier license prior to the issuance of the conditional license.
(c) An applicant for a table game device manufacturer, manufacturer designee or supplier license that has received a conditional license shall provide monthly transaction reports to the Bureau of Licensing by the 20th calendar day of the following month during the period of conditional licensure. The monthly transaction reports must include:
(1) The date table game devices were provided to an applicant or licensee.
(2) A description of the table game devices provided.
(3) The amount paid by the applicant or licensee for the table game devices.
(4) A copy of the invoice for the table game devices.
(d) If the Office of Enforcement Counsel issues a Notice of Recommendation for Denial to an applicant for a table game device manufacturer, manufacturer designee or supplier license that has received a conditional license, the Bureau of Licensing may rescind the conditional license issued to the applicant. If the conditional license is rescinded, the applicant shall cease conducting business by the date specified in the notice of the rescission sent to the applicant by the Bureau of Licensing under subsection (e).
(e) When the Bureau of Licensing rescinds a conditional license, the Bureau of Licensing will notify the holder of the conditional license and all slot machine licensees or applicants, supplier licensees and manufacturer designee licensees by registered mail that:
(1) Permission for the applicant to conduct business under subsection (a) has been rescinded.
(2) Slot machine licensees or applicants, supplier licensees and manufacturer designee licensees shall cease conducting business with the applicant by the date specified in the notice.
(f) Pending a hearing on the Notice of Recommendation for Denial, the applicant may not seek or conduct any new business in this Commonwealth and may only complete transactions that were commenced prior to the date specified in the notice of rescission.
§ 529.2. Temporary credentials for gaming employees.
(a) A temporary credential may be issued by the Board to a gaming employee whose investigation for a permit is pending but whose presence is necessary in the licensed facility.
(b) A temporary credential issued under this section shall be void 180 days after the date of issuance.
(c) The Board may extend the expiration date of a temporary credential if the Board determines additional time is needed to complete the investigation for the permit.
[Pa.B. Doc. No. 10-275. Filed for public inspection February 12, 2010, 9:00 a.m.]
