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PA Bulletin, Doc. No. 09-621

PROPOSED RULEMAKING

PENNSYLVANIA GAMING CONTROL BOARD

[ 58 PA. CODE CHS. 439a, 461a, 463a, 465a AND 499a ]

Junkets; Slot Machines; and Practice and Procedures; Omnibus Amendments

[39 Pa.B. 1662]
[Saturday, April 4, 2009]

   The Pennsylvania Gaming Control Board (Board), under its general authority in 4 Pa.C.S. § 1202(b)(30) (relating to general and specific powers) and the specific authority in 4 Pa.C.S. §§ 1205, 1207 and 1322 (relating to license or permit application hearing process; public input hearings; regulatory authority of the Board; and slot machine accounting controls and audits), proposes to amend Chapters 439a, 461a, 463a, 465a and 499a to read as set forth in Annex A.

Purpose of the Proposed Rulemaking

   The proposed rulemaking contains numerous editorial changes to improve the clarity of existing provisions; brings the Board's regulations in line with current practices; and eliminates or streamlines existing requirements and procedures to improve the effectiveness of the Board's regulatory programs.

Explanation of Amendments to Chapters 439a, 461a, 463a, 465a and 499a

   Throughout this rulemaking the Board has replaced references to the ''Office of Gaming Operations'' with the new name, ''Bureau of Gaming Operations.'' Additionally the Board has deleted the definition of ''Slots Lab'' and references to this term and to ''Gaming Lab'' and replace them with the ''Bureau of Gaming Laboratory Operations'' which is the name that is used for this Bureau in other chapters.

   In § 461a.12 (relating to progressive slot machines), a new subsection (g) is being added to require that the Bureau of Gaming Laboratory Operations test and certify progressive slot machines prior to the progressive slot machines being made available to the public for play. This reflects the current practice of the Bureau of Gaming Laboratory Operations, but it will now be a regulatory requirement.

   In § 463a.1(c) (relating to possession of slot machines generally), the Board has limited the requirement to file a petition requesting permission to possess slot machines to: educational institutions; unlicensed manufacturers, manufacturer designees or suppliers who want to exhibit or demonstrate slot machines; and the general category of ''other persons.'' There is no need for the other entities listed in subsection (b) to file a petition because they are either licensed by the Board or are law enforcement agencies. The Board will be able to monitor slot machines in the possession of these entities through the periodic reports they are required to file. The Board also believes that requiring common carriers to file a petition is impracticable and unnecessary because of the short duration of the time common carriers will have the slot machines in their possession and because information related to all shipments is filed with the Board under § 463a.2 (relating to transportation of slot machines into, within and out of this Commonwealth).

   In § 463a.7 (relating to off premise storage of slot machines), the Board is simplifying the process for reviewing requests from slot machine licensees to store slot machines off the premises of a licensed facility. These amendments replace the requirement that these requests be filed as a petition and approved by the Board with the requirement that these requests be filed as a written request with the Bureau of Gaming Operations which will be approved by the Board's Executive Director. This should reduce the amount of time required to process these requests.

   In § 465a.9(c) (relating to surveillance system; surveillance department control; surveillance department restrictions), the Board is deleting the requirement that slot machine licensees have audio surveillance capability in the count room. Because of changes in count room equipment technology and the capabilities of the central control computer system to track gaming revenues, there is no need to have audio recordings of count room activities.

   In subsections (c) and (e), ''automated teller machines'' (ATMs) have been added to the lists of items that require camera coverage and video recording. Slot machine licensees' surveillance systems already cover ATMs, but they were not previously included in the Board's regulations. Gaming conducted at slot machines has also been added to the list in subsection (e) for the same reason. Additionally in subsection (e), the reference to ''satellite cage'' has been moved from paragraph (2) which covers the main bank and vault to paragraph (1) which covers the cashier cage.

   In § 465a.9(i), the Board is reducing the time period for retention of surveillance recordings from 30 days to 7 days for the main bank and vault, the drop, the count and gaming conducted at slot machines. Because of the internal control requirements associated with the activities that are conducted in these areas, if there are going to be any problems for which these recordings would be needed, they will occur within the 7-day time frame.

   In § 465a.25 (relating to counting and recording of slot cash storage boxes), the Board is deleting the ''at least 48 hours'' from the advance notice requirement for changes to the time the slot cash storage boxes are to be counted. Because there is video surveillance during the count process and the continuing presence of the Board's casino compliance representatives at the licensed facilities, there is no need for two days advanced notice on changes to this schedule.

   In § 465a.26 (relating to jackpot payouts), the requirement in subsection (b)(3) and (7)(viii)(A) that the witness of a jackpot between $1,200 and $9,999.99 be ''a lead slot attendant or higher'' has been replaced with ''a security department member or a slot operations department member other than the preparer.'' This will make it easier for slot machine licensees to verify jackpots and allow more efficient use of personnel.

   In § 499a.1 (relating to appearance in person), a new subsection (b) has been added that clarifies who may represent a party in nonadversarial proceedings before the Board. It is modeled on the provisions in 1 Pa. Code § 31.21 (relating to appearance in person) and will reduce the need for some parties to hire legal counsel to represent them.

Affected Parties

   Slot machine licensees will benefit from the simplification of the process for reviewing requests for off premise storage of slot machines and for verifying jackpots, the elimination of the requirement for audio surveillance capability in the count room, the reduction in the time periods for retention of some video recordings and the elimination of minimum of 48 hours notice on changes to the count schedule. Slot machine licensees will also be required to have progressive slot machines certified by the Bureau of Gaming Laboratory Operations prior to their use by the gaming public. Licensed and governmental entities and common carriers will no longer have to file petitions to possess slot machines. Parties in some Board proceedings will not be required to be represented by legal counsel.

Fiscal Impact

Commonwealth

   To the extent that this rulemaking simplifies some administrative processes, there may be some slight savings to the Board. The Department of Revenue and the State Police may also experience some small savings from no longer having to file a petition to possess slot machines.

Political Subdivisions

   This proposed rulemaking will have no fiscal impact on political subdivisions of this Commonwealth.

Private Sector

   Slot machine licensees will experience some cost savings because of the revisions and elimination of unnecessary regulatory requirements. There should be little to no costs associated with the new requirement that progressive slot machines be certified prior to the use because this represents the current practice of the Bureau of Gaming Laboratory Operations.

General Public

   This proposed rulemaking will have no fiscal impact on the general public.

Paperwork Requirements

   This proposed rulemaking may reduce the paperwork associated with filing requests for off premise storage of slot machines. Licensed and governmental entities and common carriers will no longer have to file petitions to possess slot machines.

Effective Date

   The proposed rulemaking will become effective upon final-form publication in the Pennsylvania Bulletin.

Public Comments

   Interested persons are invited to submit written comments, suggestions or objections regarding the proposed 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 No. 125-99.

Contact Person

   The contact person for questions about this proposed rulemaking is Richard Sandusky, Director of Regulatory Review, at (717) 214-8111.

Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on March 24, 2009, the Board submitted a copy of this proposed rulemaking and a copy of the Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Gaming Oversight Committee and the Senate Community, Economic and Recreational Development Committee. A copy of this material is available to the public upon request and is available on the Board's web site at www.pgcb.state.pa.us.

   Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations or objections raised.

MARY DIGIACOMO COLINS,   
Chairperson

   Fiscal Note: 125-99. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART VII. GAMING CONTROL BOARD

Subpart B. LICENSING, PERMITTING, CERTIFICATION AND REGISTRATION

CHAPTER 439a. JUNKET ENTERPRISES

§ 439a.7. Junket schedules.

*      *      *      *      *

   (b)  A junket schedule shall be filed with the Bureau [of Corporate Compliance and Internal Controls] of Gaming Operations by a slot machine licensee by the 15th day of the month preceding the month in which the junket is scheduled. If a junket is arranged after the 15th day of the month preceding the arrival of the junket, an amended junket schedule shall be filed with the Bureau [of Corporate Compliance and Internal Controls] of Gaming Operations by the slot machine licensee by the close of the next business day.

*      *      *      *      *

§ 439a.8. Junket arrival reports.

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   (b)  Junket arrival reports must:

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   (2)  Include information required under § 439a.7 (relating to junket schedules) that has not been previously provided to the [Office] Bureau of Gaming Operations in a junket schedule pertaining to the particular junket, or an amendment thereto.

*      *      *      *      *

§ 439a.10. Monthly junket reports.

   (a)  Each slot machine licensee shall, on or before the 15th day of the month, prepare and file with the [Office] Bureau of Gaming Operations a monthly junket report listing the name and registration number of each person who performed the services of a junket representative during the preceding month.

*      *      *      *      *

§ 439a.11. Purchase of patron lists.

*      *      *      *      *

   (c)  The report required by subsection (a) shall be filed with the [Office] Bureau of Gaming Operations, no later than 7 days after the receipt of the list by the purchaser.

Subpart E. SLOT MACHINES AND ASSOCIATED EQUIPMENT

CHAPTER 461a. SLOT MACHINE TESTING AND CONTROL

§ 461a.1. Definitions.

   The following words and terms, when used in this subpart, have the following meanings, unless the context clearly indicates otherwise:

*      *      *      *      *

   [Slot Lab--The Bureau of Gaming Laboratory Operations of the Board.]

*      *      *      *      *

§ 461a.4. Submission for testing and approval.

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   (g)  When an applicant for, or holder of, a manufacturer license seeks Board approval of a slot machine prototype, associated equipment prototype, or any modification thereto, it shall submit to the [Slot Lab] Bureau of Gaming Laboratory Operations the following:

   (1)  A prototype of the equipment, device or software accompanied by a written request for testing and approval. The manufacturer shall transport the equipment, device or software at its own expense and deliver it to the [offices of the Board's Slot Lab] Bureau of Gaming Laboratory Operations in accordance with instructions provided.

*      *      *      *      *

   (5)  Any hardware, software and other equipment, inclusive of technical support and maintenance applicable thereto, required by the [Slot Lab] Bureau of Gaming Laboratory Operations to conduct the testing and approval process contemplated by the act, this subpart and technical standards adopted by the Board and published in the Pennsylvania Bulletin and posted on the Board's [website] web site. The testing equipment and services required by this paragraph shall be provided at no cost to the Board.

*      *      *      *      *

   (8)  In the case of a slot monitoring system, casino management system, player tracking system, wide area progressive system, gaming voucher system, external bonusing system, cashless funds transfer system, automated gaming voucher, coupon redemption or jackpot payout machine, coupon system or any other equipment or system required to be tested and approved under subsection (c):

*      *      *      *      *

   (xiv)  Any specialized hardware, software or other equipment, inclusive of technical support and maintenance applicable thereto, required by the [Slot Lab] Bureau of Gaming Laboratory Operations to conduct the testing and approval process contemplated by the act, this subpart and technical standards adopted by the Board and published in the Pennsylvania Bulletin and posted on the Board's [website] web site. The testing equipment and services required by this paragraph shall be provided at no cost to the Board.

*      *      *      *      *

   (h)  At the conclusion of testing of a prototype or modification by the [Slot Lab] Bureau of Gaming Laboratory Operations, but prior to a decision to approve a prototype or modification, the Board may require a trial period of scope and duration as it deems appropriate to assess the operation of the prototype or modification in a live gaming environment. The conduct of the trial period shall be subject to compliance by the licensed manufacturer, licensed manufacturer designee, applicable licensed suppliers, and the slot machine licensee with specific terms and conditions as may be required by the Board, which may include development and implementation of product specific accounting and internal controls, periodic data reporting to the Board and compliance with technical standards on trial periods or the prototype or modification adopted by the Board and published in the Pennsylvania Bulletin and posted on the Board's [website] web site. The Board may authorize the receipt of compensation by a licensed manufacturer, licensed manufacturer designee or licensed supplier during the trial period. The Board may order termination of the trial period if it determines that the licensed manufacturer, licensed manufacturer designee, applicable licensed suppliers or the slot machine licensee conducting the trial period has not complied with the terms and conditions required by the Board or that the product is not performing as expected.

   (i)  At the conclusion of testing of a prototype or modification, the [Slot Lab] Bureau of Gaming Laboratory Operations will report to the Board the results of its testing. Upon receipt of the [Slot Lab's] Bureau of Gaming Laboratory Operations' report, the Board will:

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§ 461a.5. Slot machine conversions.

   A slot machine licensee shall:

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   (2)  Give prior notice of a slot machine conversion to the [Slot Lab] Bureau of Gaming Laboratory Operations in writing.

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§ 461a.7. Slot machine minimum design standards.

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   (y)  A slot machine on the gaming floor must have a label on the top of the slot machine and on the front of the slot machine near the bill validator that displays the asset number and the gaming floor plan location number of the slot machine. The labels must have white lettering on a black background or other color combination approved by the [Office] Bureau of Gaming Operations, may not be easily removed and must be easily visible to the surveillance department. The label on the top of the slot machine must be at least 1.5 inches by 5.5 inches and the label on the front of the slot machine must be a least 1 inch by 2.5 inches.

§ 461a.8. Gaming vouchers.

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   (m)  A slot machine licensee shall provide written notice to the [Slot Lab] Bureau of Gaming Laboratory Operations of any adjustment to the value of any gaming voucher. The notice shall be made prior to, or concurrent with, the adjustment.

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§ 461a.10. Automated gaming voucher and coupon redemption machines.

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   (b)  Automated gaming voucher and coupon redemption machines may be located on or proximate to the gaming floor of a licensed facility and must be subject to surveillance coverage under § 465a.9 (relating to surveillance system; surveillance department control; surveillance department restrictions). Each automated gaming voucher and coupon redemption machine must have a label on the top of the automated gaming voucher and coupon redemption machine and on the front of the automated gaming voucher and coupon redemption that displays the asset number of the automated gaming voucher and coupon redemption machine. The labels must have white lettering on a black background or other color combination approved by the [Office] Bureau of Gaming Operations and may not be easily removed. The label on the top of the automated gaming voucher and redemption machine must be at least 1.5 inches by 5.5 inches and the label on the front of the automated gaming voucher and coupon redemption machine must be at least 1 inch by 2.5 inches.

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§ 461a.12. Progressive slot machines.

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   (g)  A slot machine that offers either a new progressive jackpot or a modification of an existing progressive jackpot may not be made available for play by the public until the slot machine has been tested and certified by the Bureau of Gaming Laboratory Operations.

   (h)  Progressive meters may not be turned back to a lesser amount unless one of the following occurs:

*      *      *      *      *

   [(h)] (i)  *  *  *

   [(i)] (j)  *  *  *

   [(j)] (k)  *  *  *

*      *      *      *      *

   [(k)] (l)  *  *  *

*      *      *      *      *

   [(l)] (m)  *  *  *

   [(m)] (n)  *  *  *

§ 461a.18. Cashless funds transfer systems.

*      *      *      *      *

   (g)  A slot machine licensee shall notice the [Slot Lab] Bureau of Gaming Laboratory Operations in writing of any adjustment to the amount of a credit transferred to a slot machine by means of a cashless funds transfer system. The notice shall be made on or before the date of adjustment.

§ 461a.22. Automated jackpot payout machines.

*      *      *      *      *

   (b)  An automated jackpot payout machine must have a label on the top of the automated jackpot payout machine and on the front of the automated jackpot payout machine that displays the asset number of the automated jackpot payout machine. The labels must have white lettering on a black background or other color combination approved by the [Office] Bureau of Gaming Operations, may not be easily removed and must be easily visible to the surveillance department. The label on the top of the automated jackpot payout machine must be at least 1.5 inches by 5.5 inches and the label on the front of the automated jackpot payout machine must be at least 1 inch by 2.5 inches.

*      *      *      *      *

§ 461a.26. Testing and software installation on the live gaming floor.

   (a)  Prior to the testing of slot machines, associated equipment and displays on a live gaming floor during a slot machine licensee's normal hours of operation, the slot machine licensee shall notify the [Board's Gaming Lab] Bureau of Gaming Laboratory Operations in writing at least 72 hours prior to the test date. The notification must include the following:

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   (b)  A slot machine licensee shall notify the [Board's Gaming Lab] Bureau of Gaming Laboratory Operations at least 72 hours prior to the installation of any new software or the installation of any change in previously approved software for:

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CHAPTER 463a. POSSESSION OF SLOT MACHINES

§ 463a.1. Possession of slot machines generally.

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   (c)  Persons seeking to possess slot machines under [subsection (b)] subsection (b)(4), (5) and (8) shall submit a petition to the Board as required under § 493a.4 (relating to petitions generally). The petition to the Board must contain:

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§ 463a.2. Transportation of slot machines into, within and out of this Commonwealth.

   In furtherance of section 1511 of the act (relating to the declaration of exemption from Federal laws prohibiting slot machines), prior to the transport or movement of a slot machine into this Commonwealth, from one person authorized to possess slot machines under § 463a.1 (relating to possession of slot machines generally) to another person authorized within this Commonwealth or transport or movement out of this Commonwealth, the persons causing the slot machine to be transported or moved shall notify the Bureau of Gaming Laboratory Operations, BIE and the [Office] Bureau of Gaming Operations in writing or in an electronic format approved by the Board. The notice shall be submitted no later than the day the slot machine is transported and include the following information:

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§ 463a.7. Off premises storage of slot machines.

   (a)  A slot machine licensee may not store slot machines off the premises of a licensed facility without prior approval from the [Board] Board's Executive Director.

   (b)  A slot machine licensee seeking to store slot machines off the premises of a licensed facility shall [file] submit a [petition to the Board] written request to the Bureau of Gaming Operations for off premise storage [as required under § 493a.4 (relating to petitions generally)]. The [petition] request must include:

*      *      *      *      *

   (2)  A description of the type of surveillance system that has been or will be installed at the proposed storage facility.

   (3)  The plan to provide 24 hour, 7 day a week security at the proposed storage facility.

   (4)  The number and manufacturer of the slot machines that will be stored at the proposed storage facility.

   (5)  The date that the slot machines are expected to arrive at the proposed storage facility.

*      *      *      *      *

   (c)  Before [acting] the Board's Executive Director will act on a request for off premise storage of slot machines, the Board will inspect the proposed storage facility.

   (d)  The [Board] Board's Executive Director will approve or disapprove requests within 60 days. Requests approved by the [Board] Board's Executive Director may be subject to specific terms and conditions imposed by the [Board] Board's Executive Director.

CHAPTER 465a. ACCOUNTING AND INTERNAL CONTROLS

§ 465a.2. Internal control systems and audit protocols.

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   (f)  If a slot machine licensee intends to make a change or amendment to its system of internal controls, it shall submit the change or amendment electronically to the [Office] Bureau of Gaming Operations using the Amendment and Waiver Request Form posted on the Board's web site (www.pgcb.state.pa.us). A request for a change or amendment must include electronic copies of the attestations required under [subsections] subsection (b)(1) and (2). The slot machine licensee shall also submit a written copy of the change or amendment and the required attestations to the Department. The slot machine licensee may implement the change or amendment on the 30th calendar day following the filing of a complete submission unless the slot machine licensee receives a notice under subsection (g) tolling the change or amendment.

   (g)  If during the 30-day review period in subsection (f), the [Office] Bureau of Gaming Operations preliminarily determines that a procedure in a submission contains a substantial and material insufficiency likely to have a direct and materially adverse impact on the integrity of slot operations or the control of gross terminal revenue, the [Office] Bureau of Gaming Operations, by written notice to the slot machine licensee, will:

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   (i)  When a change or amendment has been tolled under subsection (g), the slot machine licensee may submit a revised change or amendment within 30 days of receipt of the written notice from the [Office] Bureau of Gaming Operations. The slot machine licensee may implement the revised change or amendment on the 30th calendar day following the filing of the revision unless it receives written notice under subsection (g) tolling the change or amendment.

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§ 465a.4. Standard financial and statistical reports.

   (a)  Within 30 days of the close of each calendar quarter, slot machine licensees shall file a report which includes a detailed reconciliation of the amount invoiced by the Department to the tax accrual determined by the slot machine licensee's revenue/income audit process. The reconciliation shall be determined by the slot machine licensee on at least a weekly basis and the report must provide the date and the amount of any differences found during the reconciliation process. The report shall be filed electronically with the [Board's Office] Bureau of Gaming Operations and the Department's Bureau of Fiscal Management.

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§ 465a.5. Annual audit; other reports; suspicious activity and currency transaction reporting.

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   (n)  Prior to commencing gaming operations, a slot machine licensee shall file with the [Office] Bureau of Gaming Operations, in a manner to be prescribed by the [Office] Bureau of Gaming Operations, a copy of its compliance program required under 31 CFR 103.64 (relating to special rules for casinos). Thereafter, a slot machine licensee shall file with the [Office] Bureau of Gaming Operations any amendment or supplement to its compliance program on or before the effective date of the amendment or supplement.

§ 465a.8. Licensed facility.

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   (d)  Slot machine licensees shall, in accordance with section 1207(13) of the act (relating to regulatory authority of board), provide for and maintain onsite facilities for use by the Board, the Department and the Pennsylvania State Police for the purpose of carrying out their respective responsibilities (collectively referred to as the ''onsite facilities''). The onsite facilities must be located in the same building as the gaming floor, in locations approved by the [Office] Bureau of Gaming Operations and include suitable office space, equipment, partitions and supplies to meet the continuing needs of the Board, the Department and the Pennsylvania State Police at the facility including the following:

*      *      *      *      *

   (8)  Signs indicating the location of the Board's office. The size, location and design of the signs must be approved by the [Office] Bureau of Gaming Operations.

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§ 465a.9. Surveillance system; surveillance department control; surveillance department restrictions.

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   (c)  The surveillance system required in this section must include the following:

   (1)  Light sensitive cameras with lenses of sufficient magnification to allow the operator to read information on a slot machine reel strip and credit meter and equipped with 360° pan, tilt and zoom capabilities, without camera stops, to clandestinely monitor in detail and from various vantage points, including the following:

*      *      *      *      *

   (iii)  The operations conducted at automated bill breaker machines, automated gaming voucher [redemption,] and coupon redemption [and] machines, automated jackpot payout machines and automated teller machines.

*      *      *      *      *

   (4)  [Audio capability in the count room installed in a manner that conforms to section 1522 of the act.

   (5)]  One or more monitoring rooms in the licensed facility which shall be staffed by employees of the slot machine licensee's surveillance department who shall at all times monitor the activities enumerated in paragraph (1). Each monitoring room shall be equipped with or serviced by:

*      *      *      *      *

   [(6)] (5)  *  *  *

   [(7)] (6)  *  *  *

*      *      *      *      *

   (e)  A slot machine licensee's surveillance system must continuously record, during the times and in the manner indicated in this subsection, transmissions from cameras used to observe the following locations, persons, activities or transactions:

   (1)  Each transaction conducted on the gaming floor or at a cashiers' cage or satellite cage. Coverage of the transaction must include, but not be limited to, recording transmissions from cameras used to observe the face of each patron transacting business at a cashiers' cage or satellite cage from the direction of the cashier.

   (2)  The main bank, vault[, satellite cages] and other areas specified in writing by the Board.

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   (6)  [Automated] The operations conducted at automated bill breaker machines, automated gaming voucher [redemption,] and coupon redemption [and] machines, automated jackpot payout machines [whenever the machines are opened for replenishment or other servicing] and automated teller machines.

*      *      *      *      *

   (8)  The gaming conducted at slot machines.

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   (j)  [Except for subsection (e)(3), the] The surveillance recordings required under [subsection (e)] subsection (e)(1), (5), (6) and (7) shall be retained for a minimum of 30 days. [Other] All other surveillance recordings shall be retained for a minimum of 7 days. Surveillance recordings shall be made available for review upon request by the Board or the Pennsylvania State Police.

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§ 465a.18. Transportation of slot cash storage boxes to and from bill validators; storage.

   (a)  Slot machine licensees shall file with the [Office] Bureau of Gaming Operations a schedule setting forth the specific times at which slot cash storage boxes will be brought to or removed from the bill validators along with specifications as to what areas of the gaming floor will be dropped on each pick-up day and the specific transportation route to be utilized from the gaming floor to the count room.

   (b)  Slot machine licensees shall maintain immediately available to the [Office] Bureau of Gaming Operations and the Pennsylvania State Police, a current list, with credential numbers, of all employees participating in the transportation of slot cash storage boxes. Any deviation from the schedule setting forth the specific times at which slot cash storage boxes will be brought to or removed from the bill validators, change in the areas to be dropped or the transportation route to the count room shall be noticed to the [Office] Bureau of Gaming Operations in advance.

*      *      *      *      *

§ 465a.25. Counting and recording of slot cash storage boxes.

   (a)  A slot machine licensee shall file with the [Office] Bureau of Gaming Operations a schedule setting forth the specific times during which the contents of slot cash storage boxes are to be counted and recorded. Any deviation from the schedule shall be noticed to the [Office] Bureau of Gaming Operations and the casino compliance supervisor at the licensed facility [at least 48 hours] in advance.

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§ 465a.26. Jackpot payouts.

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   (b)  The internal control procedures developed and implemented by the slot machine licensee under subsection (a) must, at a minimum, include:

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   (3)  A requirement that if the jackpot range is $1,200 to $9,999.99, the witness on the two-part manual jackpot payout receipt and the two-part electronically generated jackpot payout slip be a [lead slot attendant or above] security department member or a slot operations department member other than the preparer.

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   (7)  A requirement that the following information be on the two-part manual jackpot payout receipt:

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   (viii)  If the slot machine or the progressive meter is reset prior to the patron being paid or if payment is made directly to the patron by a slot attendant, the following additional signatures or identification codes:

   (A)  The signature or identification code of a security department member or slot operations department member other than the preparer attesting to the winning combination of characters or a code corresponding to the winning combination of characters constituting the jackpot and the amount of the jackpot payout when the amount is below [$1,200] $10,000.

   (B)  [The signature or identification code of a lead slot attendant or above attesting to the winning combination of characters or a code corresponding to the winning combination of characters constituting the jackpot and the amount of the jackpot payout when the jackpot amount is between $1,200 and $9,999.99.

   (C)]  The signature or identification code of a slot shift supervisor or above attesting to the winning combination of characters or a code corresponding to the winning combination of characters constituting the jackpot and the amount of the jackpot payout when the jackpot amount is between $10,000 and $24,999.99.

   [(D)] (C)  The signature or identification code of a slot shift manager or above attesting to the winning combination of characters or a code corresponding to the winning combination of characters constituting the jackpot and the amount of the jackpot payout when the jackpot amount is $25,000 or more.

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Subpart H. PRACTICE AND PROCEDURE

CHAPTER 499a. REPRESENTATION BEFORE THE BOARD

§ 499a.1. Appearance in person.

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   (b)  In nonadversarial proceedings:

   (1)  A member of a partnership may represent the partnership.

   (2)  A bona fide officer of a corporation, trust or association may represent the corporation, trust or association.

   (3)  An officer or employee of another agency or of a political subdivision may represent the agency or political subdivision in presenting any submittal to the Board.

   (c)  A party, other than an individual appearing on his own behalf, in an adversary proceeding before the Board shall be represented by an attorney authorized to appear before the Board in accordance with § 499a.2 (relating to appearance by attorney).

   [(c)] (d)  This section supersedes 1 Pa. Code § 31.21 (relating to appearance in person).

[Pa.B. Doc. No. 09-621. Filed for public inspection April 3, 2009, 9:00 a.m.]



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