Title 58--RECREATION
PENNSYLVANIA GAMING CONTROL BOARD
[58 PA. CODE CHS. 401, 405, 421, 441,
443, 465, 494 AND 501]
Temporary Regulations
[36 Pa.B. 3407]
[Saturday, July 1, 2006]Under the Pennsylvania Gaming Control Board's (Board) Resolution Nos. 2005-3 REG, 2005-4 REG, 2005-5 REG, 2006-2 REG and 2006-4 REG, the Board has the authority to amend the temporary regulations adopted on June 16, 2005, July 21, 2005, September 28, 2005, February 2, 2006, and March 16, 2006, as it deems necessary in accordance with the purpose of the act of July 5, 2004 (P. L. 572, No. 71) (Act 71) and to further the intent of Act 71. Accordingly, the Board has decided to make editorial changes to the temporary regulations, dated June 16, 2005, July 21, 2005, September 28, 2005, February 2, 2006, and March 16, 2006, as deposited with the Legislative Reference Bureau (Bureau) and published at 35 Pa.B. 4045 (July 16, 2005), 35 Pa.B. 4543 (August 6, 2005), 35 Pa.B. 6407 (November 19, 2005), 36 Pa.B. 910 (February 18, 2006) and 36 Pa.B. 1578 (April 1, 2006).
Therefore, the Board has deposited with the Bureau amendments to §§ 401.4, 405.3, 421.2, 441.9, 443.5, 465.9, 465.10, 494.8 and 501.8. The amendments are effective as of June 15, 2006. The temporary regulations of the Board in Chapters 401, 405, 421, 441, 443, 465, 494 and 501 are amended by amending §§ 401.4, 405.3, 421.2, 441.9, 443.5, 465.9, 465.10, 494.8 and 501.8 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
Order
The Board, acting under the authorizing statute, orders that:
(a) The Board, acting under the authority of the Act 71, adopts the amendments to the temporary regulations adopted by resolution at the June 15, 2006, public meeting. The amendments to the temporary regulations pertain to definitions, the Bureau of Investigations and Enforcement, general licensing requirements, employees, slot machine licenses, hearings and appeals and prohibitions on check cashing.
(b) The temporary regulations of the Board, 58 Pa. Code Chapters 401, 405, 421, 441, 443, 465, 494 and 501, are amended by amending §§ 401.4, 405.3, 421.2, 441.9, 443.5, 465.9, 465.10, 494.8 and 501.8, to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(c) The amendments are effective June 15, 2006.
(d) The amendments to the temporary regulations shall be posted in their entirety on the Board's website and published in the Pennsylvania Bulletin.
(e) The Chairperson of the Board shall certify this order and deposit the amendments to the temporary regulations with the Bureau as required by law.
THOMAS A. DECKER,
ChairpersonFiscal Note: 125-32. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART VII. GAMING CONTROL BOARD
Subpart A. GENERAL PROVISIONS
CHAPTER 401. PRELIMINARY PROVISIONS § 401.4. Definitions.
The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Slot machine--
(i) A mechanical or electrical contrivance, terminal, machine or other device approved by the Board which, upon insertion of a coin, bill, ticket, token, gaming voucher, coupon or similar object therein or upon payment of any consideration, including the use of electronic payment system except a credit card or debit card, is available to play or operate, the play or operation of which, whether by reason of skill or application of the element of chance, or both, may deliver or entitle the person playing or operating the contrivance, terminal, machine or other device to receive cash, billets, tickets, tokens, gaming vouchers or electronic credits to be exchanged for cash or to receive merchandise or anything of value, whether the payoff is made automatically from the machine or manually. A slot machine:
* * * * *
CHAPTER 405. BUREAU OF INVESTIGATION AND ENFORCEMENT § 405.3. Office of Enforcement Counsel.
(a) The Office of Enforcement Counsel has been established within the Bureau which has the following powers and duties:
* * * * * (2) Make recommendations and objections relating to the issuance of licenses, certifications, permits and registrations on behalf of the Bureau.
* * * * * (5) Appear on behalf of the Bureau of Licensing or the Bureau at administrative hearings and other proceedings before the Board.
* * * * *
Subpart B. LICENSING, REGISTERING, CERTIFYING AND PERMITTING
CHAPTER 421. GENERAL PROVISIONS § 421.2. Licenses, registrations, certifications and permits.
(a) Licenses that may be issued by the Board include:
* * * * * (8) Horsemen's permit, which authorizes the approved permittee to act on behalf of a registered horsemen's organization.
* * * * * (d) Registrations that may be issued by the Board include:
* * * * * (3) Junket enterprise representative registration, which authorizes individuals to represent licensed junket enterprises.
(4) Horsemen's organization registration, which authorizes approved horsemen's organizations to receive allocated funds under section 1406 of the act (relating to distributions from Pennsylvania Race Horse Development Fund).
Subpart C. SLOT MACHINE LICENSING
CHAPTER 441. SLOT MACHINE LICENSING § 441.9. Responsibilities of licensed organizations.
* * * * * (b) Specific. If a Category 1 license is issued to a legal business entity in an organization, any legal business entity within the organization that has been approved or issued a Category 1 license shall be responsible for, in particular, but not limited to, complying with:
* * * * * (3) Distribution allocations received from the Pennsylvania Race Horse Development Fund under section 1406 of the act.
(i) Funds designated for purses under section 1406(a)(1)(i) of the act (relating to distributions from Pennsylvania Race Horse Development Fund) shall be deposited into an account established by and for the benefit of the horsemen within 36 hours of receipt from the Commonwealth.
(ii) Funds designated for health and pension benefits under section 1406(a)(1)(iii) of the act shall be deposited into an account established pursuant to the rules and regulations of the horsemen's organization within 36 hours of receipt from the Commonwealth.
CHAPTER 443. CATEGORIES OF LICENSURE § 443.5. Category 3 slot machine license.
* * * * * (b) To be eligible to receive a Category 3 slot machine license, an applicant shall comply with Chapter 441 (relating to slot machine licenses) and submit the following:
* * * * * (4) A plan detailing how the applicant, as part of its operational plan, will monitor the gaming area to ensure compliance with Chapter 513 (relating to underage gaming) and that only the following persons are permitted to enter the gaming area:
(i) Registered guests.
(ii) Patrons of one or more of the amenities.
(iii) Authorized employees.
(iv) Other persons authorized by the Board.
* * * * *
Subpart E. SLOT MACHINE TESTING, CERTIFICATION AND CONTROL
CHAPTER 465. ACCOUNTING AND INTERNAL CONTROLS § 465.9. Licensed facility.
* * * * * (d) Each slot machine licensee 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, and be located reasonably proximate to, the gaming floor 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:
* * * * * (e) Any key or alternative locking mechanism securing access to the onsite facilities shall be under the exclusive custody and control of the Board, the Department or the Pennsylvania State Police respectively.
(f) Each slot machine licensee shall provide additional accommodations within the licensed facility as shall be requested by the Board, the Department or the Pennsylvania State Police to accommodate periodic audit, compliance or investigative reviews at the licensed facility.
(g) Each slot machine licensee shall provide adequate parking spaces reasonably proximate to the onsite facilities, clearly marked for the Board, the Department or Pennsylvania State Police use only.
(h) Each slot machine licensee shall equip its licensed facility with communication systems necessary to insure an effective level of communication between the licensed facility and the Board, the Department, the Pennsylvania State Police, any applicable local law enforcement agency and any relevant emergency first responders.
§ 465.10. Surveillance system; surveillance department control; surveillance department restrictions.
* * * * * (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 effectively and clandestinely monitor in detail and from various vantage points, the following:
* * * * * (ii) The operations conducted at and in the cashier's cage and any satellite cage.
* * * * * (vii) Other areas designated by the Board.
* * * * * (e) In addition to other requirements imposed by this section, a slot machine licensee's surveillance system must be required to continuously record, during the appropriate times and in the manner indicated in this subsection, transmissions from cameras used to observe the following locations, persons, activities or transactions:
* * * * * (2) The main bank, vault, satellite cage and other areas as required by the Board.
* * * * * (4) The count procedures conducted in the count room.
(5) Any armored car collection or delivery.
(6) Automated bill breaker, gaming voucher redemption, coupon redemption and jackpot payout machines whenever the machines are opened for replenishment or other servicing.
(7) The entrances and exits to the licensed facility, the gaming floor, the cashier's cage and the count room.
* * * * * (j) The surveillance recordings required under subsection (e) shall be retained for a minimum of 30 days. All other surveillance recordings shall be retained for 7 days. All surveillance recordings shall be made available for review upon request by the Board or the Pennsylvania State Police. In addition, any recording determined by Board agents or the Pennsylvania State Police as being of potential evidentiary value shall be stored in accordance with Board or Pennsylvania State Police directives or turned over to Board agents or the Pennsylvania State Police upon request. At the request and expense of the slot machine licensee, a copy of any recording turned over to the Board or the Pennsylvania State Police may be made available to the slot machine licensee.
* * * * * (l) In accordance with § 465.3(d)(5), each slot machine licensee shall be required to submit, for Board approval, a minimum staffing submission with regard to its surveillance monitor rooms. The minimum staffing submission must consider the size and layout of the facility as well as the number and the configuration of the slot machines on the gaming floor and must at all times provide for adequate and effective surveillance of activities inside and outside the licensed facility.
* * * * *
Subpart H. PRACTICE AND PROCEDURE
CHAPTER 494. HEARING PROCEDURE § 494.8. Rehearing or reconsideration.
* * * * * (d) This section does not apply to proceedings resulting in any final order, determination or decision of the Board involving the approval, issuance, denial or conditioning of all licensed entity applications which are subject to the appellate requirements of section 1204 of the act (relating to licensed entity application appeals from board).
(e) This section supersedes 1 Pa. Code § 35.241 (relating to application for rehearing or reconsideration).
Subpart I. COMPULSIVE AND PROBLEM GAMBLING
CHAPTER 501. COMPULSIVE AND PROBLEM GAMING REQUIREMENTS § 501.8. Prohibition on check cashing.
(a) Except as otherwise permitted in this section, a licensed gaming entity or any person acting on behalf of a licensed gaming entity, may not cash any check payable to an individual, including Social Security, unemployment insurance, disability payment, public assistance payment, or payroll check to enable that individual to take part in gaming.
(b) A licensed gaming entity may accept a personal check, wire transfer or cash equivalent, such as a recognized traveler's check, cashier's check or money order.
[Pa.B. Doc. No. 06-1249. Filed for public inspection June 30, 2006, 9:00 a.m.]
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