Title 58—RECREATION PENNSYLVANIA GAMING CONTROL BOARD [ 58 PA. CODE CHS. 535 AND 567 ] Table Game Rules for Pai Gow and War [40 Pa.B. 1911]
[Saturday, April 10, 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. § 1302A(1), (2) and (4) (relating to regulatory authority), adopts temporary regulations in Chapters 535 and 567 (relating to Pai Gow; and War) 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 contains table game rules for Pai Gow and War.
Explanation of Chapters 535 and 567
Chapter 535 (relating to Pai Gow) is being amended by adding a new § 535.3(e) (relating to Pai Gow tiles; physical characteristics) which requires tiles used for the play of Pai Gow to be changed at least once every 12 hours. Changing tiles is a standard practice in the industry to diminish the potential for anyone to mark the tiles.
Chapter 567 (relating to War) contains the rules governing the play of War, which is a card game where players compete against the dealer. The provisions in this chapter address: physical characteristics of War tables and the number of decks of cards used to play the game; the opening of War tables and shuffling procedures; the ranking of the cards and permissible wagers; procedures for dealing cards and completion of each round of play; payment and collection of wagers; payout odds; and how irregularities in play are to be handled.
Affected Parties
Slot machine licensees who elect to become certificate holders will be required to comply with the rules for conducting these table games if they are offered at their facilities. They will also have to hire and train dealers for the table games they wish to offer and purchase equipment necessary to conduct the table games.
The Board will experience increased regulatory demands resulting from the implementation of table games. The most significant increases will be the hiring of additional casino compliance agents to oversee the operation of the table games at the licensed facilities and increased number of license and occupation permit applications that will have to be processed by the Bureau of Licensing.
Fiscal Impact
Commonwealth
The Board expects that it will experience increased costs related to adding additional staff at the licensed facilities and at its offices to handle the increased licensing and oversight requirements that will result from the introduction of table games. Because the Board is just starting to receive petitions from slot machine licensees seeking permission to conduct table games, the extent of these additional costs are not known. However, the Board does not expect these increased costs to exceed the additional funding provided to the Board under Act 1.
Political Subdivisions
This rulemaking will have no direct fiscal impact on political subdivisions of this Commonwealth. Eventually, host municipalities and counties will benefit from the local share funding that is mandated by Act 1.
Private Sector
This rulemaking will result in additional costs for slot machine licensees who elect to become certificate holders. More specifically, certificate holders will be required to pay a table games licensing fee, purchase equipment conduct the table games they elect to offer and to hire and train employees to operate table games. While these costs will be significant, they will be offset by the revenues generated from the table games.
General Public
This rulemaking will have no direct fiscal impact on the general public.
Paperwork requirements
This rulemaking will require certificate holders to file a Rules Submission form for the game of War, if they offer it.
Effective Date
This temporary rulemaking will become effective upon final 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 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 Richard Sandusky, Director of Regulatory Review, Pennsylvania Gaming Control Board, P. O. Box 69060, Harrisburg, PA 17106-9060, Attention: Public Comment on Regulation #125-115.
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—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 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 Chapters 535 and 567, are amended by amending § 535.3 and adding §§ 567.1—567.11 to read as set forth in Annex A, with ellipses referring to the text of the existing regulations.
(2) The temporary regulations are effective April 10, 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: 125-115. No fiscal impact; (8) recommends adoption.
Annex A TITLE 58. RECREATION PART VII. GAMING CONTROL BOARD Subpart K. TABLE GAMES CHAPTER 535. PAI GOW § 535.3. Pai Gow tiles; physical characteristics.
* * * * * (e) Tiles used for the play of Pai Gow shall be changed at least every 12 hours.
CHAPTER 567. WAR Sec.
567.1. Definitions. 567.2. War table; physical characteristics. 567.3. Cards; number of decks; dealing shoe. 567.4. Opening of the table for gaming. 567.5. Shuffle and cut of the cards. 567.6. War card rankings. 567.7. Wagers. 567.8. Procedure for dealing the cards. 567.9. Procedures for completion of each round of play; collection and payment of wagers. 567.10. Payout odds. 567.11. Irregularities. § 567.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Initial wager—The wager that must be made by a player prior to any cards being dealt to participate in the round of play.
Original deal—The first card that is dealt to each player and the dealer to determine the result for the Initial wager in a round of play.
Round of play—One complete cycle of play during which each player playing at the table has placed an Initial wager, has been dealt a card, has surrendered or gone to War, if appropriate, and has had his wagers paid or collected in accordance with this chapter.
Tie hand—A hand in the original deal or War deal where the rank of a player's card and the rank of the dealer's card are equal.
War—The decision of a player, in accordance with the option offered under § 567.9(c)(2) (relating to procedures for completion of each round of play; collection and payment of wagers), to place a War wager when there is a tie hand on the original deal.
War deal—The deal of the cards that follows the placement of a War wager.
War wager—A wager that is required to be made if the player elects to go to War.
§ 567.2. War table; physical characteristics.
(a) War shall be played at a table having betting positions for no more than seven players on one side of the table and a place for the dealer on the opposite side of the table.
(b) The layout for a War table shall be approved by the Bureau of Gaming Operations and have imprinted thereon, at a minimum, the following:
(1) The name or logo of the certificate holder.
(2) A separate designated betting area at each betting position for the placement of Initial and War wagers.
(3) A separate designated betting area for the placement of Tie wagers.
(4) The payout odds for a Tie wager and War wager.
(c) Each War table must have a drop box and a tip box attached to it on the same side of the gaming table as, but on opposite sides of, the dealer, in locations approved by the Bureau of Gaming Operations.
§ 567.3. Cards; number of decks; dealing shoe.
(a) War shall be played with six to eight decks of cards with backs of the same color and design. Each deck of cards must consist of 52 cards. The game of War also requires two cover cards to be used in accordance with the procedures in § 567.5 (relating to shuffle and cut of the cards).
(b) All cards used in War shall be dealt from a manual dealing shoe. The dealing shoe shall be located on the table to the left of the dealer.
(c) If an automated card shuffling device is utilized, War shall be played with 12 to 16 decks of cards in accordance with the following requirements:
(1) Each deck of cards must meet the requirements of subsection (a).
(2) The cards shall be separated into two batches, with an equal number of decks included in each batch.
(3) The backs of the cards in each batch must be of the same color and design, but of a different color than the cards included in the other batch.
(4) One batch of cards shall be shuffled and stored in the automated card shuffling device while the other batch is being dealt or used to play the game.
(5) Both batches of cards shall be continuously alternated in and out of play, with each batch being used for every other dealing shoe.
(6) The cards from only one batch shall be placed in the discard rack at any given time.
(d) The decks of cards opened for use at a War table shall be changed at least once every 24 hours.
§ 567.4. Opening of the table for gaming.
(a) After receiving six or more decks of cards at the table, the dealer shall sort and inspect each deck of cards separately, face down, and the floorperson assigned to the table shall verify the inspection.
(b) Following the inspection of the cards by the dealer and the verification by the floorperson assigned to the table, the cards shall be spread out face up on the table for visual inspection by the first player to arrive at the table. The cards shall be spread out according to suit and in sequence.
(c) After the first player is afforded an opportunity to visually inspect the cards, the cards shall be turned face down on the table, mixed thoroughly by a washing of the cards and stacked.
(d) If an automated shuffling device is utilized, all the decks in one batch of cards shall be spread for inspection on the table separate from the decks in the other batch of cards. After the first player to arrive at the table is afforded an opportunity to visually inspect the cards, each batch of cards shall separately be turned face downward on the table and stacked.
§ 567.5. Shuffle and cut of the cards.
(a) Immediately prior to commencement of play, unless the cards were preshuffled, and after each dealing shoe of cards is dealt or when directed by a floorperson or above, the dealer shall shuffle the cards, either manually or by use of an automated card shuffling device, so that the cards are randomly intermixed. Upon completion of the shuffle, the dealer or device shall place the deck of cards in a single stack.
(b) After the cards have been shuffled and stacked, the dealer shall offer the stack of cards to be cut, with the backs facing away from the dealer, to players in the following order:
(1) The first player to the table, if the game is just beginning.
(2) The player on whose betting area the cover card appeared during the last round of play.
(3) The player at the farthest point to the right of the dealer if the cover card appeared on the dealer's hand during the last round of play.
(4) The player at the farthest point to the right of the dealer if the reshuffle was initiated at the discretion of a floorperson or above.
(c) If the player designated in subsection (b) refuses to cut, the dealer shall offer the cut to each other player moving clockwise around the table until a player accepts the cut. If no player accepts the cut, the dealer shall cut the cards.
(d) The player or dealer making the cut shall place a cover card in the stack at least 10 cards in from the top or the bottom of the stack.
(e) Once the cover card has been inserted, the dealer shall take all cards above the cover card and the cover card and place them on the bottom of the stack. The dealer shall then insert the second cover card in the stack at a position at least approximately one-quarter of the way in from the bottom of the stack. The stack of cards shall then be inserted into the dealing shoe for commencement of play.
(f) After the cards have been cut and before the cards have been placed in the dealing shoe, a floorperson or above may require the cards to be recut if the floorperson or above determines that the cut was performed improperly or in any way that might affect the integrity or fairness of the game. If a recut is required, the cards shall be recut by the next person entitled to cut the cards, as determined under subsection (b)(4).
(g) A reshuffle of the cards in the shoe shall take place after the cover card is reached in the shoe as required under § 567.8(d) (relating to procedure for dealing the cards).
(h) If there is no gaming activity at the War table, the cards shall be removed from the dealing shoe and the discard rack, and spread out on the table either face up or face down. If the cards are spread face down, they shall be turned face up once a player arrives at the table. After the first player is afforded an opportunity to visually inspect the cards, the cards shall be turned face downward on the table and:
(1) If there is no automated shuffling device in use, the cards shall be mixed thoroughly by a washing of the cards, stacked, then shuffled and cut in accordance with this section.
(2) If an automated shuffling device is in use, the cards shall be stacked and placed into the automated shuffling device to be shuffled. The batch of cards already in the shuffler shall then be removed. Unless a player so requests, the batch of cards removed from the shuffler need not be spread for inspection and reshuffled prior to being dealt, if:
(i) The automated card shuffling device stores a single batch of shuffled cards inside the shuffler in a secure manner approved by the Bureau of Gaming Operations.
(ii) The shuffled cards have been secured, released and prepared for play in accordance with procedures approved by the Bureau of Gaming Operations.
§ 567.6. War card rankings.
The rank of the cards used in War, for the purpose of determining a winning hand, shall be, in order from the highest to lowest rank: ace, king, queen, jack, 10, 9, 8, 7, 6, 5, 4, 3 and 2. The suit of a card shall have no effect on its rank.
§ 567.7. Wagers.
(a) Wagers at War shall be made by placing gaming chips or plaques on the appropriate betting area of the War layout. A verbal wager accompanied by cash may not be accepted at the game of War.
(b) To participate in a round of play, a player shall be required to place an Initial wager.
(c) Players shall have the option of placing a Tie wager, at the same time as an Initial wager or a War wager, that the deal on which the Tie wager is made will result in a tie hand.
(d) Except as provided in § 567.9(e) (relating to procedures for completion of each round of play; collection and payment of wagers), all wagers at War shall be placed prior to the dealer announcing ''no more bets'' in accordance with the dealing procedures in § 567.8 (relating to procedure for dealing the cards). Once a wager has been placed, players may not handle, remove or alter the wager unless the dealer indicates that the wager has been decided in the player's favor as provided in this chapter.
(e) A certificate holder may, if specified in the certificate holder's Rules Submission under § 521.2 (relating to table games Rules Submissions), permit a player to simultaneously play and place wagers at up to two additional adjacent player positions.
§ 567.8. Procedure for dealing the cards.
(a) Prior to starting the first round of play after the cards have been cut and placed in the dealing shoe under § 567.5 (relating to shuffle and cut of the cards), the dealer shall remove the first card from the shoe face down and, without revealing its rank to anyone, place it in the discard rack. Each new dealer who comes to the table shall also remove the first card from the shoe face down and, without revealing its rank to anyone, place it in the discard rack.
(b) Prior to dealing any cards, the dealer shall announce ''no more bets.'' Each card shall then be removed from the dealing shoe with the left hand of the dealer and placed face up on the appropriate area of the layout with the right hand of the dealer.
(c) The dealer shall, starting with the player farthest to the dealer's left and continuing in a clockwise manner, deal the cards as follows:
(1) One card face up to each player who has placed an Initial wager in accordance with § 567.7 (relating to wagers).
(2) One card face up to the dealer.
(d) Whenever the cover card is reached in the deal of the cards, the dealer shall continue dealing the cards until that round of play is completed after which the cards shall be reshuffled.
(e) Players may not touch any card used in the game of War other than a cover card.
§ 567.9. Procedures for completion of each round of play; collection and payment of wagers.
(a) After the dealing procedures required under § 567.8 (relating to procedure for dealing the cards) have been completed, the dealer shall, beginning from the dealer's left and proceeding around the table in a clockwise direction, compare the rank of each player's card with that of the dealer's card and settle all Initial and Tie wagers as follows:
(1) If a player's card is lower in rank than the dealer's card, the player shall lose his Initial wager and, if applicable, his Tie wager.
(2) If a player's card is higher in rank than the dealer's card, the player shall win his Initial wager and, if applicable, lose his Tie wager.
(3) If the player's card and the dealer's card are of equal rank (a tie hand), the player shall be afforded the options specified in subsection (c) as to his Initial wager and, if applicable, win his Tie wager.
(b) Losing Initial and Tie wagers made on the original deal shall be collected by the dealer and placed in the table inventory container. Winning Initial and Tie wagers made on the original deal shall be paid by the dealer in accordance with the payout odds provided in § 567.10 (relating to payout odds).
(c) If a player has a tie hand, the player shall select one of the following options:
(1) The player may surrender one-half of his Initial wager and end his participation in that round of play. If a player selects this option, the dealer shall collect one-half of the player's Initial wager and place it in the table inventory container. The dealer shall then return the remaining one-half of the Initial wager to the player. The dealer shall then proceed around the table in a clockwise direction, repeating the process for each player with a tie hand who selects this option.
(2) The player may surrender his entire Initial wager and place a War wager, in an amount equal to the player's Initial wager, in accordance with subsection (e).
(d) After settling Initial wagers and Tie wagers on the original deal, the dealer shall collect the cards of all players except for the cards of those players with a tie hand who have elected to go to War. The collected cards shall be placed in the discard rack in a manner that permits the reconstruction of each hand of the original deal in case of a question or dispute.
(e) If any player elects to make a War wager upon the occurrence of a tie hand, the dealer shall confirm the placement of the War wager and collect the full amount of the player's Initial wager and place it in the table inventory container. The player's card and the dealer's card from the original deal shall remain exposed during the war deal. The dealer shall offer any player who has elected to go to War the opportunity to also place a Tie wager on the War deal.
(f) The War deal shall begin with the dealer removing three cards from the shoe face down and, without revealing the rank of the three cards to anyone, placing them in the discard rack and then dealing the next card face up to the player farthest to the dealer's left who has placed a War wager. The player's War deal card shall be placed on the table adjacent to the player's card from the original deal. The dealer shall then proceed around the table in a clockwise direction, repeating the process for each player who has placed a War wager and the dealer.
(g) After the dealing procedures required by subsection (f) have been completed, the dealer shall, beginning from the dealer's left and proceeding around the table in a clockwise direction, compare the rank of each player's card from the War deal to the dealer's card from the War deal and settle all War and Tie wagers as follows:
(1) If the player's card in the War deal is lower in rank than the dealer's card in the War deal, the player shall lose his War wager and, if applicable, his Tie wager.
(2) If the player's card in the War deal is higher in rank than the dealer's card in the War deal, the player shall win his War wager and, if applicable, lose his Tie wager.
(3) If the player's card and the dealer's card in the War deal are of equal rank, the player shall win his War wager and, if applicable, his Tie wager.
(h) Losing War and Tie wagers shall be collected by the dealer and placed in the table inventory container. Winning War and Tie wagers shall then be paid in accordance with the payout odds set forth in § 567.10 (relating to payment odds). After the collection of all losing wagers and the payment of all winning wagers from the War deal, the dealer shall remove all remaining cards from the table and place them in the discard rack in a manner that permits the reconstruction of each hand of the War deal in case of a question or dispute.
§ 567.10. Payout odds.
Winning wagers shall be paid as follows:
(1) An Initial wager shall be paid at odds of 1 to 1.
(2) A Tie wager shall be paid at odds of 10 to 1.
(3) A War wager shall be paid at odds of 2 to 1, unless the War deal results in a tie hand, in which case a War wager shall be paid at odds of 3 to 1.
§ 567.11. Irregularities.
(a) A card found face up in the dealing shoe while the cards are being dealt may not be used in the game and shall be placed in the discard rack. If more than one card is found face up in the dealing shoe while the cards are being dealt, all hands shall be void and the cards shall be reshuffled.
(b) A card drawn from the dealing shoe in error without its face being exposed shall be used as though it was next card from the dealing shoe.
(c) If a card is not dealt to a player's Initial wager or Tie wager in the original deal, the wager shall be void and returned to the player. The player shall be included in the next round of play.
(d) If an automated card shuffling device is being used and the device jams, stops shuffling during the shuffle, or fails to complete a shuffle cycle, the cards shall be reshuffled.
[Pa.B. Doc. No. 10-639. Filed for public inspection April 9, 2010, 9:00 a.m.]
