Title 58—RECREATION PENNSYLVANIA GAMING CONTROL BOARD [ 58 PA. CODE CHS. 523, 527, 549 AND 565 ] Table Game Equipment, Minimum Training Standards and Rules of Play; Temporary Regulations [41 Pa.B. 4949]
[Saturday, September 17, 2011]The Pennsylvania Gaming Control Board (Board), under its general authority in 4 Pa.C.S. § 13A03 (relating to temporary table game regulations), enacted by the act of January 7, 2010 (P. L. 1, No. 1) (Act 1), and the specific authority in 4 Pa.C.S. § 13A02(1), (2) and (7) (relating to regulatory authority), amends temporary regulations in Chapters 523, 527, 549 and 565 to read as set forth in Annex A. The Board's temporary regulations will be added to Part VII (relating to Gaming Control Board) as part of Subpart K (relating to table games).
Purpose of the Temporary Rulemaking
This temporary rulemaking amends the sections on table game equipment and minimum training standards and adds additional options in Blackjack and Three Card Poker.
Explanation of Chapters 523, 527, 549 and 565
In Chapter 523 (relating to table game equipment), this temporary rulemaking amends the provisions prohibiting the use of reconstructed sets of Pai Gow tiles when one or more tiles in a set are no longer suitable for use in gaming. Section 523.18 (relating to Pai Gow tiles; receipt, storage, inspections and removal from use) allows certificate holders to create replacement sets of tiles provided that certain requirements are met, such as inspecting the tiles in a reconstructed set to ensure that the backs, sides and edges of each tile have similar shading, texture and finish to the other tiles in the reconstructed set.
In Chapter 527 (relating to minimum training standards), a certificate holder or gaming school may offer the minimum number of hours of training required under § 527.2 (relating to minimum proficiency requirements) over an alternative period of time. A certificate holder or gaming school that desires to offer training using an alternative schedule shall submit a request to the Board's Executive Director for approval.
In Chapter 549 (relating to Blackjack), a new side bet, the Bad Beat Progressive Wager, has been added to Blackjack. Certificate holders that offer the wager will be required to use an electronic wagering system for placement of the Bad Beat Progressive Wager. The dealing procedures and the payout odds are in new § 549.24 (relating to Bad Beat Progressive Wager; payout odds).
In Chapter 565 (relating to Three Card Poker), four new pay tables for the Pair Plus Wager and the Ante Bonus in § 565.12(d) and (e) (relating to payout odds; Envy Bonus; rate of progression; payout limitation) have been added.
Affected Parties
The amendments in this temporary rulemaking will allow certificate holders additional options on how to conduct table games at their licensed facilities. Additionally, amendments to the minimum training standards will allow greater flexibility to certificate holders, gaming schools and potentially the students involved in table games training regarding when training will be conducted.
Fiscal Impact
Commonwealth. The Board does not expect that this temporary rulemaking will have fiscal impact on the Board or other Commonwealth agency. Internal control procedures submitted by certificate holders will be reviewed by existing Board staff.
Political subdivisions. This temporary rulemaking will not have direct fiscal impact on political subdivisions of this Commonwealth. Eventually, host municipalities and counties will benefit from the local share funding that is mandated by Act 1.
Private sector. The amendments in this temporary rulemaking will give certificate holders some additional flexibility as to how they conduct table games. Additionally, certificate holders that offer Pai Gow will see some cost savings as they may now create reconstructed sets using replacement tiles instead of destroying entire sets of Pai Gow tiles when any one tile is damaged during play.
General public. This temporary rulemaking will not have direct fiscal impact on the general public.
Paperwork Requirements
If a certificate holder selects different options for the play at table games, the certificate holder will be required to submit an updated rules submission reflecting the changes. Additionally, a certificate holder that opts to use reconstructed sets of Pai Gow tiles will be required to update and submit for approval their internal controls.
Effective Date
This temporary rulemaking will become effective upon publication in the Pennsylvania Bulletin.
Public Comments
While this temporary rulemaking will be effective upon publication, the Board is seeking comments from the public and affected parties as to how the temporary regulations might be improved. Interested persons are invited to submit written comments, suggestions or objections regarding this temporary rulemaking within 30 days after the date of publication in the Pennsylvania Bulletin to Susan A. Yocum, Assistant Chief Counsel, Pennsylvania Gaming Control Board, P. O. Box 69060, Harrisburg, PA 17106-9060, Attention: Public Comment on Temporary Regulation #125-158.
Contact Person
The contact person for questions about this temporary rulemaking is Susan A. Yocum, Assistant Chief Counsel, (717) 346-8300.
Regulatory Review
Under 4 Pa.C.S. § 13A03, the Board is authorized to adopt temporary regulations which are not subject to sections 201—205 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201—1208), known as the Commonwealth Documents Law (CDL), the Regulatory Review Act (71 P. S. §§ 745.1—745.12) and sections 204(b) and 301(10) of the Commonwealth Attorneys Act (71 P. S. §§ 732-204(b) and 732-301(10)). These temporary regulations expire 2 years after publication in the Pennsylvania Bulletin.
Findings
The Board finds that:
(1) Under 4 Pa.C.S. § 13A03, the temporary regulations are exempt from the requirements of the Regulatory Review Act, sections 201—205 of the CDL and sections 204(b) and 301(10) of the Commonwealth Attorneys Act.
(2) The adoption of the temporary regulations is necessary and appropriate for the administration and enforcement of 4 Pa.C.S. Part II (relating to gaming).
Order
The Board, acting under 4 Pa.C.S. Part II, orders that:
(1) The regulations of the Board, 58 Pa. Code Chapters 523, 527, 549 and 565, are amended by adding § 549.24 and by amending §§ 523.18, 527.2, 549.2 and 565.12 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(2) The temporary regulations are effective September 17, 2011.
(3) The temporary regulations will be posted on the Board's web site and published in the Pennsylvania Bulletin.
(4) The temporary regulations are subject to amendment as deemed necessary by the Board.
(5) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
GREGORY C. FAJT,
Chairperson(Editor's Note: See 41 Pa.B. 4952 (September 17, 2011) for the adoption of § 549.23.)
Fiscal Note: 125-158. No fiscal impact; (8) recommends adoption.
Annex A TITLE 58. RECREATION PART VII. GAMING CONTROL BOARD Subpart K. TABLE GAMES CHAPTER 523. TABLE GAME EQUIPMENT § 523.18. Pai Gow tiles; receipt, storage, inspections and removal from use.
* * * * * (n) If after completing the inspection procedures required in subsection (m), it is determined that a complete set of 32 tiles removed from a gaming table is free from tampering, markings or alterations, the set may be returned to the Pai Gow storage area for subsequent gaming use in accordance with procedures approved by the Bureau of Gaming Operations. Individual tiles from different sets may not be used to make a complete set for subsequent gaming use provided, however that a certificate holder may, in accordance with its approved internal controls, create replacement and reconstructed tile sets in accordance with the following requirements:
(1) If after completing the inspection procedures required under subsection (m), it is determined that tiles have scratches or other markings on the back, sides or edges which make the tiles unsuitable for continued use, the tiles shall be removed from the set and destroyed in accordance with subsection (p). The remaining usable tiles from the set shall then be designated as a replacement set. The individual removing tiles from a set shall complete a three-part form. The triplicate copy of the form shall be retained with the replacement set, the duplicate copy shall be delivered to the casino compliance representative and the certificate holder shall retain the original. The three-part form shall:
(i) Include the date and time of removal.
(ii) Identify the specific tile or tiles removed and sent for destruction.
(iii) Contain the signature of the preparer.
(2) The assistant table games shift manager or above shall return the replacement set, accompanied by the triplicate copy of the form, to the tile inventory in accordance with subsection (o). Replacement sets shall be inventoried and stored separately from any stored and new, used or complete reconstructed sets.
(3) Tiles in one or more replacement sets may be used to create a complete reconstructed set of tiles in accordance with the following procedures:
(i) The assistant table games shift manager or above shall conduct an inspection of each reconstructed set in the storage area, in the presence of a security department employee, and ensure that a replacement tile possesses the same color, texture and finish as all other tiles in the reconstructed set. The assistant table games shift manager or above shall sort the tiles by pairs and verify the needed replacement tile or tiles and visually inspect the sides, backs and edges of each tile in the reconstructed set for tampering, markings and alterations and for a comparison as to shading, texture and finish.
(ii) Once a complete set of tiles has been satisfactorily reconstructed from replacement sets, the assistant table games shift manager or above shall attach a label to an envelope or container for the reconstructed set. The label must include the date and time of reconstruction and the signature of the assistant table games shift manager or above and the security department employee who witnessed the inspection. The label must also identify the inspection steps that were followed to determine that the reconstructed set of tiles is suitable for use in gaming.
(iii) The certificate holder shall submit to the Board for approval internal control procedures for returning the reconstructed set into inventory, identifying all reconstructed sets and maintaining an accurate inventory balance of remaining replacement sets.
(o) Certificate holders shall submit to the Board for approval, internal control procedures for:
(1) An inventory system which includes records of at least the following:
(i) The balance of sets of tiles on hand.
(ii) The sets of tiles removed from storage.
(iii) The sets of tiles returned to storage or received from a manufacturer or supplier.
(iv) The date of each transaction.
(v) The signatures of the individuals involved.
(2) A reconciliation on a daily basis of:
(i) The sets of tiles distributed.
(ii) The sets of tiles destroyed and cancelled.
(iii) The sets of tiles returned to the approved storage area.
(iv) The sets of tiles in the tile reserve in a pit stand.
(3) A physical inventory of the sets of tiles at least once every 3 months.
(i) The inventory shall be performed by an individual with no incompatible functions and shall be verified to the balance of the sets of tiles on hand required in paragraph (1)(i).
(ii) Discrepancies shall immediately be reported to the Bureau of Gaming Operations.
(p) Destruction and cancellation of tiles other than those retained for Board inspection, shall be completed within 72 hours of collection. The method of destruction or cancellation shall be approved by the Bureau of Gaming Operations. The destruction and cancellation of tiles must take place in a secure location in the licensed facility covered by the slot machine licensee's surveillance system, the physical characteristics of which shall be approved by the Bureau of Gaming Operations.
CHAPTER 527. MINIMUM TRAINING STANDARDS § 527.2. Minimum proficiency requirements.
(a) A curriculum related to the conduct of table games offered by a gaming school or by a certificate holder, must, at a minimum, include:
(1) The following minimum hours of instruction on the conduct of table games in accordance with the regulations in Subpart K (relating to table games):
Table Game Minimum Hours of Instruction Blackjack and other banked card games 120 hours over a 6 week period Craps 160 hours over a 6 week period Baccarat and Mini- Baccarat 80 hours over a 4 week period Poker 80 hours over a 4 week period Roulette 80 hours over a 4 week period Pai Gow Tiles 160 hours over a 6 week period Pai Gow Poker 80 hours over a 4 week period (2) The proper use, control and shuffling of playing cards for authorized games that involve the use of cards.
(3) The proper use and control of dice for authorized games that involve the use of dice.
(4) The proper use and control of tiles for authorized games that involve the use of tiles.
(b) The minimum number of hours of instruction required under subsection (a) may be completed using an alternative schedule as approved by the Board's Executive Director. A certificate holder or gaming school requesting to offer an alternative schedule shall submit a written request to the Board's Executive Director which contains a detailed description of when the training will be conducted.
CHAPTER 549. BLACKJACK § 549.2. Blackjack table; card reader device; physical characteristics; inspections.
* * * * * (c) The following must be inscribed on the Blackjack layout:
* * * * * (10) If a certificate holder offers the Bad Beat Progressive Wager, inscriptions that advise patrons of the payout odds for the Bad Beat Progressive Wager. If the payout odds are not inscribed on the layout, a sign identifying the payout odds must be posted at each Blackjack table.
* * * * * (g) Whenever a double shoe is used at a Blackjack table, the height and marking requirements as in subsection (f) for that table's discard rack shall be determined by the number of decks used in one side of the shoe.
(h) If the certificate holder offers the optional Bad Beat Progressive Wager, the Blackjack table must have an electronic wagering system in accordance with §§ 524.2 and 524.3 (relating to electronic wagering systems; and procedures for buying in to and cashing out of a table game using an electronic wagering system) for the placement of the Bad Beat Progressive Wager and a progressive table game system in accordance with § 524.7 (relating to progressive table game systems). The electronic wagering system must include a mechanism, such as a lock-out button, that prevents the placement of any Bad Beat Progressive Wagers that a player attempts to place after the dealer has announced ''no more bets.'' A player may not buy in for more than $100 in electronic wagering credits to be used for the Bad Beat Progressive Wager.
§ 549.24. Bad Beat Progressive Wager; payout odds.
(a) A certificate holder may, if specified in its Rules Submission under § 521.2 (relating to table games Rules Submissions), offer players the option of placing an additional Bad Beat Progressive Wager that the player's hand will have a total value of 20 and the dealer will have a Blackjack or a hand with a total value of 21.
(b) Prior to the first card being dealt for each round of play, each player who has placed a Blackjack Wager in accordance with § 549.4 (relating to wagers) may make a Bad Beat Progressive Wager using an electronic wagering system in accordance with § 524.2 (relating to electronic wagering systems).
(c) The dealer shall then announce ''no more bets'' and deal the cards in accordance with the dealing procedures in § 549.7 (relating to procedure for dealing cards).
(d) Before settling the player's Blackjack Wager, the dealer shall settle the Bad Beat Progressive Wager, which shall win if the player's hand has a total value of 20, even if the dealer has a Blackjack or a total value of 21. If a player has won the Bad Beat Blackjack Wager, the dealer shall:
(1) Verify that the hand is a winning hand.
(2) Have a floorperson or above validate any Bad Beat Progressive payout with odds of 100 to 1 or greater in accordance with the certificate holder's approved internal control procedures.
(3) Credit to the player's game account for the winning Bad Beat Progressive Wager in accordance with the pay- out odds in the following payout table:
Hand Payout
Player has 20—dealer has 21 with seven or more cards 100% of meter Player has 20—dealer has 21 with six cards 1,000 for 1 Player has 20—dealer has 21 with five cards 100 for 1 Player has 20—dealer has 21 with four cards 50 for 1 Player has 20—dealer has 21 with three cards 25 for 1 Player has 20—dealer has Blackjack 10 for 1 Player has any 20 1 for 1 (4) A player who placed a Bad Beat Progressive Wager may also receive a Magic Card Bonus, if included in the certificate holder's Rules Submission required under § 521.1, if one of the player's first two cards matches the card randomly selected by the table game system. The Magic Card Bonus shall pay out at odds of 20 for 1.
(e) The rate of progression for the meter used for the Bad Beat Progressive Wager must be in the certificate holder's Rules Submission filed in accordance with § 521.2. The initial and reset amounts must also be in the certificate holder's Rules Submission and must be at least $5,000.
(f) If more than one player at the table has won a progressive payout that is 100% of the jackpot amount on the progressive meter, each player shall share the maximum payout amount proportionately to the amount of the player's respective Bad Beat Progressive Wager.
CHAPTER 565. THREE CARD POKER § 565.12. Payout odds; Envy Bonus; rate of progression; payout limitation.
(a) If the dealer does not hold a hand with a queen high or better rank, the Ante Wager shall automatically be paid 1 to 1 and the Play Wager shall be returned to the player.
(b) If the dealer holds a hand with a queen high or better rank, a player in competition against the dealer shall be paid 1 to 1 on both the Ante Wager and the Play Wager if the player's hand is ranked higher than the dealer's hand.
(c) If the dealer holds a hand with a queen high or better rank and a player holds a hand with a rank equal to the dealer's hand, the hand will be a tie and the player's Ante Wager and Play Wager shall be returned to the player.
(d) A player placing a Pair Plus Wager shall be paid in accordance with a posted pay table, regardless of whether the player's hand outranks the dealer's hand, which contains the odds preselected by the certificate holder in the certificate holder's Rules Submission under § 521.2 (relating to table games Rules Submissions), which are no less than the following:
Hand Paytable A Paytable B Paytable C Straight flush 35 to 1 40 to 1 40 to 1 Three-of-a-kind 25 to 1 30 to 1 30 to 1 Straight 5 to 1 5 to 1 6 to 1 Flush 3 to 1 4 to 1 3 to 1 Pair 1 to 1 1 to 1 1 to 1 (e) A player placing an Ante Wager and a Play Wager shall be paid a bonus in accordance with a posted pay table on the Ante Wager, regardless of whether the player's hand outranks the dealer's hand, at the odds preselected by the certificate holder in the certificate holder's Rules Submission under § 521.2, which are no less than the following:
Hand Paytable A Paytable B Paytable C Straight flush 5 to 1 5 to 1 4 to 1 Three-of-a-kind 4 to 1 3 to 1 3 to 1 Straight 1 to 1 1 to 1 1 to 1 * * * * * [Pa.B. Doc. No. 11-1595. Filed for public inspection September 16, 2011, 9:00 a.m.]
