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PA Bulletin, Doc. No. 06-1255



PENNSYLVANIA GAMING CONTROL BOARD

[58 PA. CODE CH. 513]

Temporary Regulations; Underage Gaming

[36 Pa.B. 3441]
[Saturday, July 1, 2006]

   The Pennsylvania Gaming Control Board (Board), under 4 Pa.C.S. § 1203(a) (relating to temporary regulations), adopts temporary regulations to facilitate implementation of 4 Pa.C.S. Part II (relating to gaming), enacted by the act of July 5, 2004 (P. L. 572, No. 71) (Act 71). The Board's temporary regulations will be added to Part VII (relating to Gaming Control Board). Chapter 513, entitled underage gaming, is added to Subpart J, entitled exclusion of persons.

Purpose and Background

   Under 4 Pa.C.S. § 1203(a), the Board is authorized to promulgate temporary regulations to facilitate the prompt implementation of Act 71. The regulations are necessary to enhance the credibility of the licensed operation of slot machines and associated equipment within this Commonwealth and to carry out the policy and purposes of the Board. To invite public input, the Board published draft regulations on the Board's website and 10-day public comment period was provided.

   Under 4 Pa.C.S. § 1203(b), the temporary regulations adopted by the Board expire no later than 3 years following the effective date of Act 71 or upon promulgation of regulations as generally provided by the law. These temporary regulations 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), or to the Regulatory Review Act (71 P. S. §§ 745.1--745.15).

Financial Impact

   Act 71 and the regulations will provide for the implementation and management of gaming within this Commonwealth and the collection of fees and taxes from entities and individuals authorized by the Board to be employed by, provide gaming related services to or operate gaming facilities. The appropriations from the Commonwealth for the implementation of Act 71 and costs of administering 4 Pa.C.S. Part II will be reimbursed by the licensed entities as specified within Act 71. Individuals and entities that wish to obtain licenses as gaming entities shall pay to the Gaming Fund significant licensing fees to obtain the authority to do business within this Commonwealth. Part of these fees shall reimburse the Board and the Pennsylvania State Police for licensing processes and background investigations. The licensing, registration, certification and permitting of individuals and other classes of applicants will be reimbursed by the applicants through fees established by the Board. It is anticipated that all expenses of the Board and all associated activities shall be reimbursed by the applicants and gaming entities as previously specified. The Board shall have no financial impact on the State budget.

Statutory Authority

   The Board is authorized under 4 Pa.C.S. § 1203(a) to adopt and publish temporary regulations to implement the policies and purposes of Act 71.

Regulatory Review

   Under 4 Pa.C.S. § 1203(b), the Board's authority to adopt temporary regulations expires 2 years from the effective date of Act 71.

Findings

   The Board finds that:

   (1)  Under 4 Pa.C.S. § 1203(a), the temporary regulations are exempt from the requirements of the Regulatory Review Act and sections 201--205 of the CDL.

   (2)  A 10-day public comment period was held prior to the adoption of the temporary regulations.

   (3)  The adoption of the temporary regulations provided by this order is necessary and appropriate for the administration of the authorizing statute.

Order

   The Board, acting under the authorizing statute, orders that:

   (a)  The Board, acting under the authority of the Act 71, adopts as its final-form temporary regulations, the draft regulations as amended by resolution at the June 15, 2006, public meeting. The temporary regulations pertain to underage gaming.

   (b)  The temporary regulations of the Board, 58 Pa. Code, are amended by adding §§ 513.1--513.4 to read as set forth in Annex A.

   (c)  The temporary regulations are effective June 15, 2006.

   (d)  The temporary regulations shall be posted in their entirety on the Board's website and published in the Pennsylvania Bulletin.

   (e)  The temporary regulations shall be subject to amendment as deemed necessary by the Board in accordance with the purpose of Act 71 and to further the intent of Act 71.

   (f)  The Chairperson of the Board shall certify this order and deposit the regulations with the Legislative Reference Bureau as required by law.

THOMAS A. DECKER,   
Chairperson

   Fiscal Note:  125-30. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58.  RECREATION

PART VII.  GAMING CONTROL BOARD

Subpart J.  EXCLUSION

CHAPTER 513.  UNDERAGE GAMING

Sec.

513.1.Definitions.
513.2.Exclusion requirements.
513.3.Responsibilities of licensees, permittees, registrants and certificate holders.
513.4.Enforcement.

§ 513.1.  Definitions.

   (a)  The following words and phrases, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Fully executed gaming transaction--Any activity involving a slot machine or associated equipment which occurs on the gaming floor of a licensed gaming facility 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.

   Winnings--Any money or thing of value received from, or being owed by a slot machine licensee as a result of a fully executed gaming transaction.

§ 513.2.  Exclusion requirements.

   (a)  An individual under 18 years of age may not enter or be on the gaming floor of a licensed facility.

   (b)  An individual under 21 years of age, whether personally or through an agent, may not operate, use, play or place a wager on, a slot machine in a licensed facility.

   (c)  An individual under 21 years of age may not be rated as a player or receive any complimentary service, item or discount as a result of, or in anticipation of, gaming activity.

   (d)  An individual under 21 years of age may not collect in any manner or in any proceeding, whether personally or through an agent, any winnings or recover any losses arising as a result of any gaming activity.

   (e)  Winnings incurred by an individual under 21 years of age shall be remitted to the Board and deposited into the Compulsive and Problem Gambling Treatment Fund.

   (f)  For the purposes of this section, winnings issued to, found on or about or redeemed by an individual under 21 years of age shall be presumed to constitute winnings and thus be subject to remittance to the Board.

§ 513.3.  Responsibilities of licensees, permittees, registrants and certification holders.

   (a)  A person holding a license, permit, registration or certification issued by the Board is prohibited from permitting or enabling an individual to engage in conduct that violates § 513.2(a), (b), (c) or (d) (relating to exclusion requirements).

   (b)  A slot machine licensee may be subject to Board imposed administrative sanctions if a person engages in conduct that violates § 513.2(a), (b), (c) or (d) at its licensed facility. Under § 513.2(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 and deposited into the Compulsive and Problem Gambling Treatment Fund.

   (c)  A person holding a license, permit, registration or certificate issued by the Board who violates a provision of this chapter may be held jointly or severally liable for the violation.

   (d)  Each slot machine licensee shall establish procedures that are designed to prevent violations of this chapter. Each slot machine licensee shall submit to the Board a copy of its procedures 30 days prior to initiation of gaming activities at its licensed facility. The licensee may not commence operations until the Board approves its procedures. Any amendments to these procedures must receive approval of the Board prior to their implementation.

§ 513.4.  Enforcement.

   In any prosecution or other proceeding against a person for a violation of this chapter, it shall be no defense that the person believed an individual to be 21 years of age or older.

[Pa.B. Doc. No. 06-1255. Filed for public inspection June 30, 2006, 9:00 a.m.]



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