Section 439a.2. Gaming junket enterprise general requirements; participation in a gaming junket

(a) A gaming junket enterprise seeking to conduct business with a slot machine licensee shall file a Gaming Junket Enterprise License Application and Disclosure Information Form with the Board.

(b) Prior to organizing a gaming junket to a licensed facility or receiving compensation from any person as a result of the conduct of a gaming junket, the gaming junket enterprise shall be licensed by the Board. A slot machine licensee may not engage the services of any gaming junket enterprise that has not been licensed. An agreement between a slot machine licensee and a gaming junket enterprise must contain a provision stating that the gaming junket enterprise shall obtain a Gaming Junket Enterprise License prior to organizing a gaming junket to a licensed facility or receiving compensation from any person as a result of the conduct of a gaming junket.

(c) A gaming junket enterprise may not employ or otherwise engage the services of a gaming junket representative except in accordance with § 439a.5 (relating to gaming junket representative general requirements).

(d) An individual may be selected or approved to participate in a gaming junket on the basis of one or more of the following:

(1) The ability to satisfy a financial qualification related to the individual’s ability or willingness to gamble, which shall be deemed to occur whenever an individual, as an element of the arrangement, is required to perform one or more of the following:

(i) Establish a customer deposit with a slot machine licensee.

(ii) Demonstrate to a slot machine licensee the availability of a specified amount of cash or cash equivalent.

(iii) Gamble to a predetermined level at the licensed facility.

(iv) Comply with any similar obligation.

(2) The individual’s propensity to gamble, which shall be deemed to occur when an individual has been selected or approved on the basis of one or more of the following:

(i) The previous satisfaction of a financial qualification in accordance with paragraph (1).

(ii) An evaluation that the individual has a tendency to participate in gambling activities as the result of:

(A) An inquiry concerning the individual’s tendency to gamble.

(B) Use of other means of determining that the individual has a tendency to participate in gambling activities.

(e) A rebuttable presumption that an individual has been selected or approved for participation in a gaming junket based on the individual’s propensity to gamble shall be created when the individual is provided, as part of the arrangement, one or more of the following:

(1) Complimentary accommodations.

(2) Complimentary food, entertainment or transportation which has a value of $200 or more.

The provisions of this § 439a.2 amended May 13, 2011, effective May 14, 2011, 41 Pa.B. 2439. Immediately preceding text appears at serial page (345588).

Notation

Authority

The provisions of this § 439a.2 amended under the Pennsylvania Race Horse Development and Gaming Act, 4 Pa.C.S. Chapter 16.