PROPOSED RULEMAKING
PENNSYLVANIA GAMING CONTROL BOARD
[58 PA. CODE CHS. 461 AND 463]
Slot Machines Testing and Control; Possession of Slot Machines
[36 Pa.B. 6517]
[Saturday, October 28, 2006]The Pennsylvania Gaming Control Board (Board), under the general authority in 4 Pa.C.S. § 1202(b)(14) (relating to general and specific powers) and the specific authority in 4 Pa.C.S. §§ 1207 and 1320 (relating to regulatory authority of board; and slot machine testing and certification standards), proposes to add Chapters 461 and 463 (relating to slot machine testing and control; and possession of slot machines) to read as set forth in Annex A.
Purpose of the Proposed Rulemaking
Under the authority granted to the Board under 4 Pa.C.S. § 1203 (relating to temporary regulations), the Board initially adopted temporary regulations in Chapter 461 at 35 Pa.B. 4045 (July 16, 2005) and temporary regulations in Chapter 463 at 35 Pa.B. 6619 (December 3, 2005). Under 4 Pa.C.S. § 1203(b), the temporary regulations expire on July 5, 2007.
The Board is proposing to replace the temporary regulations with the permanent regulations in this proposed rulemaking.
Explanation of Chapters 461 and 463
Chapter 461 contains the requirements for testing and approval of slot machines and associated equipment that must be met prior to use in this Commonwealth. It contains specific provisions that apply to slot machines, gaming vouchers, coupons, automated gaming voucher and coupon redemption machines, progressive slot machines, wide area progressive systems, slot monitoring systems, casino management systems, player tracking systems, external bonusing systems, cashless funds transfer systems, server supported and server based slot systems, automated jackpot payout machines, remote system access and use of alterable storage media.
Chapter 463 contains general provisions governing who may possess slot machines in this Commonwealth. It also outlines procedures and reporting requirements for transporting slot machines and for tracking the location of slot machines in this Commonwealth.
Amendments to the temporary regulations in this proposed rulemaking include a large number of editorial changes intended to improve the clarity of the language contained in the existing temporary regulations. Additionally, a number of definitions have been moved from the body of the regulations in Chapter 461 to § 461.1 (relating to definitions).
Affected Parties
This proposed rulemaking imposes performance standards that slot machines and associated equipment will have to meet before manufacturers can offer their products for sale and use in this Commonwealth. Suppliers and slot machine licensees will be affected because they can only sell or purchase products that have been tested and approved for use in this Commonwealth.
Fiscal Impact
Commonwealth
Most of the Commonwealth's costs associated with this proposed rulemaking will be incurred by the Board's Gaming Laboratory Operations Bureau which is responsible for testing slot machines and associated equipment and tracking the location and movement of slot machines.
The Department of Revenue will also experience some cost related to the testing of slot machines for compliance and compatibility with the central control computer system.
Law enforcement agencies authorized by the Board to possess slot machines will experience some reporting costs.
Political Subdivisions
This proposed rulemaking will have no fiscal impact on political subdivisions of the Commonwealth.
Private Sector
Manufacturers will experience significant costs associated with the testing and approval of their products by the Board. The Board is developing a schedule of fees based upon the time required for the testing of various types of equipment. Therefore, the costs incurred by an individual manufacturer will be a function of the number of products submitted for testing. Costs for the Gaming Laboratory that are not covered by fees will be assessed on manufacturers as required by 4 Pa.C.S. § 1320(b).
Manufacturers, suppliers and slot machine licensees will experience some costs associated with the submission of reports prior to the transportation of slot machines and submission of monthly reports specifying the location and other data for all slot machines in their possession.
Educational institutions authorized by the Board to possess slot machines will experience some reporting costs.
General Public
This proposed rulemaking will have no fiscal impact on the general public.
Paperwork Requirements
This proposed rulemaking will require manufacturers to provide extensive documentation in the form of operating manuals, wiring diagrams, and the like, needed to test their equipment.
Manufacturers, suppliers and slot machine licensees will be required to complete and submit reports prior to the transportation of slot machines and will have to submit monthly reports specifying the location and other data for all slot machines in their possession.
Educational institutions and law enforcement agencies authorized to possess slot machines will also have to submit monthly reports specifying the location and other data for slot machines in their possession.
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 Paul Resch, Secretary, Pennsylvania Gaming Control Board, P. O. Box 69060, Harrisburg, PA 17106-9060, Attention: Public Comment on Regulation #125-48.
Contact Person
The contact persons for questions about this proposed rulemaking are Richard Sandusky, Director of Regulatory Review, (717) 214-8111, and Michelle Afragola, Deputy Director of Regulatory Review, (610) 943-1338.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on September 27, 2006, 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 Tourism and Recreational Development Committee and the Senate Committee on Rules and Executive Nominations. A copy of this material is available to the public upon request and will be posted on the Board's website.
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.
THOMAS A. DECKER,
ChairpersonFiscal Note: 125-48. (1) State Gaming Fund; (2) Implementing Year 2006-07 is $963,000; (3) 1st Succeeding Year 2007-08 is $1,573,000; 2nd Succeeding Year 2008-09 is $1,623,120; 3rd Succeeding Year 2009-10 is $1,675,245; 4th Succeeding Year 2010-11 is $1,729,455; 5th Succeeding Year 2011-12 is $1,785,833; (4) 2005-06 Program--$23,000,000; 2004-05 Program--$13,200,000; 2003-04 Program--$2,900,000; (7) Board Budget; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART VII. GAMING CONTROL BOARD
Subpart E. SLOT MACHINES AND ASSOCIATED EQUIPMENT
CHAPTER 461. SLOT MACHINE TESTING AND CONTROL Sec.
461.1. Definitions. 461.2. Protocol requirements. 461.3. Testing and approval generally. 461.4. Submission for testing and approval. 461.5. Slot machine conversions. 461.6. Revocations and additional conditions. 461.7. Slot machine minimum design standards. 461.8. Gaming vouchers. 461.9. Coupons. 461.10. Automated gaming voucher and coupon redemption machines. 461.11. Automated gaming voucher and coupon redemption machines: accounting controls. 461.12. Progressive slot machines. 461.13. Wide area progressive systems. 461.14. Slot monitoring systems. 461.15. Casino management systems. 461.16. Player tracking systems. 461.17. External bonusing systems. 461.18. Cashless funds transfer systems. 461.19. Remote system access. 461.20. Server supported slot systems. 461.21. Server based slot systems. 461.22. Automated jackpot payout machines. 461.23. Slot machines and associated equipment utilizing alterable storage media. 461.24 Waivers. 461.25. Disputes. § 461.1. Definitions.
The following words and terms, when used in this subpart, have the following meanings, unless the context clearly indicates otherwise:
Asset number--A unique number assigned to a slot machine by a slot machine licensee for the purpose of tracking the slot machine while owned by the slot machine licensee.
Automated jackpot payout machine--The collective hardware, software, communications technology and other ancillary equipment used to facilitate the payment of a jackpot that is not totally and automatically paid directly from a slot machine.
Cashless funds transfer system--The collective hardware, software, communications technology and other ancillary equipment used to facilitate the electronic transfer of cashable or noncashable credits to a patron at a slot machine in connection with a promotional program.
Casino management system--The collective hardware, software, communications technology and other ancillary equipment used to collect, monitor, interpret, analyze, report and audit data with regard to activity at slot machines, inclusive of slot machine level accounting transactions, player tracking and productivity analysis.
Conversion--A change or alteration to a slot machine that does not affect the manner or mode of play or operation of the slot machine.
Coupon--An instrument issued by a slot machine licensee under which cashable or noncashable slot machine credits are provided directly or indirectly to a patron with or without regard to the identity of the patron or the patron's level of gaming activity.
Coupon system--The collective hardware, software, communications technology and other ancillary equipment used to facilitate the issuance of coupons, the acceptance of a coupon by a slot machine or its redemption at an automated coupon redemption machine, cashiers' cage or other locations, and in an alternative manner approved by the Board.
Double-up--An optional wager on a slot machine in which the player has a mathematically equal probability of winning or losing the wager.
External bonusing system--The collective hardware, software, communications technology and other ancillary equipment used in conjunction with slot machines to deliver randomly selected player incentives (bonus awards) to active slot machine players and to effect the accurate metering of the bonus award event on the slot machine.
Gaming voucher--An instrument that upon insertion into a slot machine bill validator entitles the patron inserting the gaming voucher to cashable or noncashable credits on a slot machine corresponding to the value printed on the gaming voucher.
Gaming voucher system--The collective hardware, software, communications technology and other ancillary equipment used to facilitate the issuance of gaming vouchers and the redemption of gaming vouchers by slot machines, automated gaming voucher redemption machines, the cashiers' cage or in other locations, and in alternative manners, as approved by the Board.
Modification--A change or alteration in a slot machine or associated equipment that affects the manner or mode of play or operation of the slot machine or associated equipment.
(i) The term includes a change to control or graphics programs and to the theoretical hold percentage.
(ii) In the case of slot machines, the term does not include:
(A) A conversion.
(B) Replacement of one approved component with an identical component.
(iii) In the case of a wide area progressive system, the term includes a change in:
(A) A system name or theme.
(B) The odds to win the progressive payout.
(C) The reset amount.
(D) The progressive rate.
(E) The wager necessary to win the progressive payout.
Player tracking system--The collective hardware, software, communications technology and other ancillary equipment used to collect, monitor, interpret, analyze, authorize, report and audit data with regard to player activity at slot machines. Player activity may be tracked generally or on an individual player basis.
Randomness--The observed unpredictability and absence of pattern in a set of elements or events that have definite probabilities of occurrence.
Skill--The application of intelligence and specific knowledge to achieve the best result when a slot machine offers a choice of options during game play.
Slot Lab--The Gaming Laboratory Operations Bureau of the Board.
Slot monitoring system--The collective hardware, software, communications technology and other ancillary equipment used to collect, monitor, interpret, analyze, authorize, report and audit data with regard to activity at slot machines, inclusive of slot machine meter readings, error conditions, slot machine security, accounting, player tracking and productivity analysis.
Strategy choice--A particular play option on a slot machine that requires the use of skill to consistently achieve the best result.
Theme--A concept, subject matter and methodology of design of a slot machine.
Wager--Placing at risk in a slot machine a coin, bill, ticket, gaming voucher, coupon, or similar object or, upon payment of any consideration, including the use of cashless funds transfer systems and external bonusing systems.
§ 461.2. Protocol requirements.
In accordance with section 1324 of the act (relating to protocol information), manufacturer licensees and supplier licensees shall be required to enable all slot machines to communicate with the Department's central control computer for the purpose of transmitting auditing program information and activating and disabling slot machines.
§ 461.3. Testing and approval generally.
(a) In accordance with section 1320 of the act (relating to slot machine testing and certification standards), the Board will determine the manner and scope in which slot machines are to be tested and approved prior to operation and use in a licensed facility in this Commonwealth.
(b) Slot machines operated in this Commonwealth must be approved by the Board.
(c) The Board has the authority to require one or more of the following procedures:
(1) An abbreviated testing and approval process in accordance with § 461.4(g) (relating to submission for testing and approval).
(2) Testing and approval in accordance with § 461.4(i).
(3) Utilize the services of a Board-approved private slot machine testing facility to conduct the testing until a slot machine testing facility is established by the Board.
(d) On or before July 5, 2007, the Board will establish and maintain an independent slot machine testing facility. The cost of establishment and operation of the facility shall be paid by each manufacturer licensee in accordance with a schedule adopted by the Board.
(e) The Board will require payment of all costs for the testing and approval of slot machines and associated equipment in accordance with a schedule adopted by the Board.
(f) The Board will require a manufacturer licensee seeking approval of a slot machine or associated equipment to pay all costs of transportation, inspection and testing.
§ 461.4. Submission for testing and approval.
(a) A slot machine or associated equipment identified in subsection (c) (collectively referred to as ''products'' or ''equipment, device or software''), or a modification thereto, may not be offered for sale, lease or distribution for ultimate use by a slot machine licensee in this Commonwealth unless a prototype identical in all mechanical, electrical, electronic and other respects has been tested and approved by the Board.
(b) When an applicant for, or holder of, a slot machine license develops software or a system that is functionally equivalent to any of the slot systems enumerated in subsection (c), that software or system shall be subject to the testing and approval process of this subpart to the same extent as if the software or system were developed by an applicant for, or holder of, a manufacturer license. Any reference in this subpart to the responsibilities of a manufacturer applies to an applicant for, or holder of, a slot machine license developing software or systems subject to testing and approval under this subpart.
(c) For the purposes of this section, slot machines and associated equipment that shall be submitted for testing and Board approval include:
(1) Slot machines, including bill validators and printers.
(2) Slot monitoring systems, to the extent the systems interface with slot machines and related systems.
(3) Casino management systems, to the extent the systems interface with slot machines and related systems.
(4) Player tracking systems, to the extent the systems interface with slot machines and related systems.
(5) Progressive systems, including wide area progressive systems.
(6) Gaming voucher systems.
(7) External bonusing systems.
(8) Cashless funds transfer systems.
(9) Machines performing gaming voucher, coupon or jackpot payout transactions.
(10) Coupon systems, to the extent the systems interface with slot machines and related systems.
(11) Other associated equipment specifically identified by the Board.
(d) Slot machine prototypes and associated equipment prototypes, and any modifications thereto, which are subject to testing and approval under this section will be evaluated by the Board for overall operational integrity and compliance with the act, this subpart and technical standards adopted by the Board. In addition, with regard to any slot machine, or modification thereto, the Board will test for compatibility and compliance with the central control computer and protocol specifications approved by the Department including the ability to communicate with the central control computer for the purpose of transmitting auditing program information, real time information retrieval and activation and disabling of slot machines.
(e) The Board may periodically prescribe a standard product submission checklist, together with supplemental product specific submission checklists for completion by an applicant for, or holder of, a manufacturer license, to facilitate the examination and analysis of a prototype or modification.
(f) The Board may periodically prescribe certification requirements, to be executed by the chief engineer of the applicant for, or holder of, a manufacturer license or the engineer in charge of the division of the manufacturer responsible for producing the product submitted, unless otherwise noted, to obtain sufficient assurances from the manufacturer that the product was properly and completely tested by the manufacturer prior to its submission to the Board.
(g) Notwithstanding the terms of subsection (d), the Board may utilize an abbreviated testing and approval process in accordance with section 1320 of the act (relating to slot machine testing and certification standards).
(h) When an applicant for, or holder of, a manufacturer license seeks to utilize, during the applicable period, the abbreviated testing and approval process for a slot machine prototype, associated equipment prototype or any modification thereto, it shall submit the following to the Slot Lab:
(1) A prototype of the equipment, device or software accompanied by a written request for abbreviated testing and approval which identifies the jurisdiction within the United States upon which the applicant for, or holder of, a manufacturer license proposes the Board rely (''named jurisdiction''). The manufacturer shall transport the equipment device or software at its own expense and deliver it to the offices of the Slot Lab.
(2) A certification executed by the chief engineer of the applicant for, or holder of, a manufacturer license or the engineer in charge of the division of the manufacturer responsible for producing the equipment, device or software submitted (''professional'') asserting that:
(i) The specific prototype or modification is identical in all mechanical, electrical, electronic and other respects to one which has been tested and approved by the testing facility operated by the named jurisdiction or a private testing facility on behalf of the named jurisdiction.
(ii) The manufacturer is licensed and in good standing in the named jurisdiction and that the subject product has all regulatory approvals prerequisite to sale or distribution in the named jurisdiction.
(iii) In the professional's opinion, the testing standards of the named jurisdiction are comprehensive and thorough and provide similar adequate safeguards as those required by this subpart.
(iv) In the professional's opinion, the equipment, device or software complies with the act, this subpart and technical standards adopted by the Board including requirements related to the central control computer.
(3) An executed copy of a current product submission checklist, and any product specific supplemental submission checklists applicable to the submitted equipment, device or software unless a substantially similar checklist was filed with the named jurisdiction and is included in the submission package required by paragraph (4).
(4) Copies of the submission package, and any amendments thereto, filed with the named jurisdiction, copies of any correspondence, review letters or approvals issued by the testing facility operated by the named jurisdiction or a private testing facility on behalf of the named jurisdiction and, as applicable, a copy of the final regulatory approval issued by the named jurisdiction.
(5) A disclosure that lists any conditions or limitations placed by the named jurisdiction on the operation or placement of the equipment, device or software at the time of approval or subsequently thereafter.
(6) A complete, comprehensive and technically accurate description of the manner in which the slot machine was tested for compatibility and compliance with the central control computer and protocol specifications approved by the Department including the ability to communicate with the central control computer for the purpose of transmitting auditing program information, real time information retrieval and activation and disabling of slot machines.
(7) Any hardware, software and other equipment, inclusive of technical support and maintenance applicable thereto, required by the Slot Lab to conduct the abbreviated testing and approval process contemplated by the act, this subpart and technical standards adopted by the Board. The testing equipment and services required by this paragraph shall be provided at no cost to the Board.
(8) Additional documentation requested by the Board.
(i) 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 for which the abbreviated testing process in subsection (g) is not applicable, it shall submit the following to the Slot Lab:
(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 in accordance with instructions provided.
(2) Certifications required under subsection (f) providing assurances from the manufacturer that the product was properly and completely tested and emulated by the manufacturer prior to its submission to the Board and that the product, device or software complies with the act, this subpart and technical standards adopted by the Board, including applicable requirements related to the central control computer.
(3) An executed copy of a current product submission checklist, and any product specific supplemental submission checklists applicable to the submitted equipment, device or software.
(4) A complete, comprehensive and technically accurate description of the equipment, device or software, accompanied by applicable diagrams, schematics and specifications, together with documentation with regard to the manner in which the product was tested and emulated by the manufacturer prior to its submission to the Board.
(5) Any hardware, software and other equipment, inclusive of technical support and maintenance applicable thereto, required by the Slot Lab to conduct the testing and approval process contemplated by the act, this subpart and technical standards adopted by the Board. The testing equipment and services required by this paragraph shall be provided at no cost to the Board.
(6) In the case of a slot machine prototype, the following additional information:
(i) A copy of all executable software, including data and graphics information, on electronically readable, unalterable media.
(ii) A copy of all source code for programs that cannot be reasonably demonstrated to have any use other than in a slot machine, on electronically readable, unalterable media.
(iii) A copy of all graphical images displayed on the slot machine including reel strips, rules, instructions and paytables.
(iv) A mathematical explanation of the theoretical return to the player, listing all assumptions, all steps in the formula from the first principles through to the final results of all calculations including bonus pays and, when a game requires or permits player skill in the theoretical derivations of the payout return, the source of strategy.
(v) Hardware block diagrams of the major subsystems.
(vi) A complete set of schematics for all subsystems.
(vii) A wiring harness connection diagram.
(viii) A technical and an operator manual.
(ix) A description of security methodologies incorporated into the design of the slot machine including, when applicable, encryption methodology for all alterable media, auto-authentication of software and recovery capability of the slot machine for power interruption.
(x) For meters required by this subpart or technical standards adopted by the Board, a cross reference of product meters to the required meters, if necessary.
(xi) A description of tower light functions indicating the corresponding condition.
(xii) A description of error conditions and the corresponding action required by the operator.
(xiii) A description of the use and function of available dip switch settings or configurable options.
(xiv) A description of the pseudo random number generator or generators used to determine game outcome, including a detailed explanation of operational methodology, and a description of the manner by which the pseudo random number generator and random number selection process is impervious to outside influences, interference from electro-magnetic, electrostatic, and radio frequencies, and influence from ancillary equipment via data communications. Test results in support of representations shall be submitted. For the purposes of this section, ''game outcome'' means the results of a wager.
(xv) Specialized hardware, software or testing equipment, inclusive of technical support and maintenance, needed to complete the evaluation, which may include an emulator for a specified microprocessor, PCs, extender cables for CPU boards, target reel strips and door defeats. The testing equipment and services required by this paragraph shall be provided at no cost to the Board.
(xvi) A compiler, or reasonable access to a compiler, for the purpose of building applicable code modules.
(xvii) Program storage media including eproms, eeproms, and any type of alterable media for slot machine software.
(xviii) Technical specifications for any microprocessor or microcontroller.
(xix) A complete, comprehensive and technically accurate description of the manner in which the slot machine was tested for compatibility and compliance with the central control computer and protocol specifications approved by the Department including the ability to communicate with the central control computer for the purpose of transmitting auditing program information, real time information retrieval and activation and disabling of slot machines.
(xx) Additional documentation requested by the Board.
(7) In the case of a modification to a slot machine prototype, including a change in theme, the following additional information:
(i) A complete, comprehensive and technically accurate description of the proposed modification to the slot machine prototype, accompanied by applicable diagrams, schematics and specifications.
(ii) When a change in theme is involved, a copy of the graphical images displayed on the slot machine including reel strips, rules, instructions and paytables.
(iii) When a change in the manner in which the theoretical payout percentage is achieved is involved, a mathematical explanation of the theoretical return to the player, listing all assumptions, all steps in the formula from the first principles through to the final results of all calculations including bonus pays and, when a game requires or permits player skill in the theoretical derivations of the payout return, the source of strategy.
(iv) A complete, comprehensive and technically accurate description of the manner in which the slot machine was tested for compatibility and compliance with the central control computer and protocol specifications approved by the Department including the ability to communicate with the central control computer for the purpose of transmitting auditing program information, real time information retrieval and activation and disabling of slot machines.
(v) Additional documentation requested by 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):
(i) A technical and an operator manual.
(ii) A description of security methodologies incorporated into the design of the system to include, when applicable, password protection, encryption methodology and its application, auto-authentication, network redundancy, back-up and recovery procedures.
(iii) A complete schematic or network diagram of the system's major components accompanied by a description of each component's functionality and a software object report. The description must disclose the functions performed by each component.
(iv) A description of the data flow, in narrative and in schematic form, including specifics with regard to data cabling and, when appropriate, communications methodology for multisite applications.
(v) A list of computer operating systems and third party software incorporated into the system together with a description of their interoperability.
(vi) System software and hardware installation procedures.
(vii) A list of available system reports.
(viii) When applicable, features for each system which may include patron and employee card functions, promotions, reconciliation procedures and patron services.
(ix) A description of the interoperability testing including test results for each submitted system's connection to, as applicable, slot machines, voucher, coupon redemption and jackpot payout machines, computerized systems for counting money, vouchers and coupons. This list must identify the tested products by manufacturer, model and software identification and version number.
(x) A narrative describing the method used to authenticate software.
(xi) When requested by the Board, all source codes.
(xii) When applicable, a complete, comprehensive and accurate description, accompanied by applicable diagrams, schematics and specifications, of the creation of a voucher and the redemption options available.
(xiii) When applicable, a complete, comprehensive and technically accurate description, accompanied by applicable diagrams, schematics and specifications, of the creation of a coupon and the redemption options available.
(xiv) Any specialized hardware, software or other equipment, inclusive of technical support and maintenance applicable thereto, required by the Slot Lab to conduct the testing and approval process contemplated by the act, this subpart and technical standards adopted by the Board. The testing equipment and services required by this paragraph shall be provided at no cost to the Board.
(xv) Additional documentation requested by the Board.
(9) In the case of a modification to any of the systems identified in paragraph (8), the following additional information:
(i) A complete, comprehensive and technically accurate description of the proposed modification to the system, accompanied by applicable diagrams, schematics and specifications.
(ii) A brief narrative disclosing the purpose for the modification.
(iii) Additional documentation requested by the Board.
(j) At the conclusion of testing of a prototype or modification by the Slot Lab, 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, 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. The Board may authorize the receipt of compensation by a licensed manufacturer or licensed supplier during the trial period. The Board may order termination of the trial period if it determines that the licensed manufacturer, 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.
(k) At the conclusion of testing of a prototype or modification, the Slot Lab will report to the Board the results of its testing. Upon receipt of the Slot Lab's report, the Board will:
(1) Approve, approve with conditions or reject the submitted prototype or modification.
(2) Require additional testing or a trial period under subsection (j).
(l) Board approval of a prototype or modification does not constitute a guarantee of the prototype or modification's safety.
(m) A slot machine licensee is prohibited from installing in its licensed facility a slot machine or associated equipment, or modification thereto, required to be tested and approved under subsection (c) unless the equipment, device or software has been approved by the Board. A slot machine licensee may not modify, alter or tamper with an approved slot machine or associated equipment. A slot machine or associated equipment installed in a licensed facility in contravention of this requirement will be subject to seizure by the Board.
(n) Notwithstanding subsection (m), the Board may authorize installation of a modification to a slot machine prototype or associated equipment prototype on an emergency basis to prevent cheating or malfunction, upon the written request of a licensed manufacturer in the manner prescribed by the Board. The request must expressly detail the name and employer of any persons to be involved in the installation of the modification and the manner in which it is to be effected. Within 15 days of receipt of any authorization to install an emergency modification, the manufacturer shall submit the modification for full testing and approval in accordance with this subpart.
(o) A slot machine licensee shall immediately notify the Board, in a manner and form the Board prescribes, of any known or suspected defect or malfunction in any slot machine or associated equipment installed in its licensed facility. The slot machine licensee shall comply with instructions issued by the Board with regard to the continued operation of the slot machine or associated equipment.
(p) Concurrent with the initial receipt of slot machines, an applicant for, or holder of, a slot machine license shall file a slot machine master list as required by § 463.5 (relating to slot machine master list).
(q) The testing of equipment, devices or software under this subpart may require the dismantling of the product and testing that may result in damage to, or destruction of, one or more systems or components. Once submitted for testing, equipment, devices or software will not be returned to the manufacturer unless otherwise determined by the Board.
§ 461.5. Slot machine conversions.
A slot machine licensee shall:
(1) Maintain complete and accurate records of all conversions.
(2) Give prior notice of a slot machine conversion to the Slot Lab in writing in the manner prescribed by the Board.
(3) Notice the Department in accordance with § 463.6 (relating to notice to central control computer system).
§ 461.6. Revocations and additional conditions.
The Board may revoke the approval of or impose additional conditions on a slot machine prototype, associated equipment prototype, or modification thereto, if the equipment, device or software meets either of the following criteria:
(1) The equipment, device or software is not in compliance with the act, this subpart or technical standards adopted by the Board.
(2) The slot machine, or modification thereto, is not compatible with, or compliant with the central control computer and protocol specifications approved by the Department or is unable to communicate with the central control computer for the purpose of transmitting auditing program information, real time information retrieval and activation and disabling of slot machines.
§ 461.7. Slot machine minimum design standards.
(a) A slot machine may not be set to pay out less than the theoretical payout percentage, which may not be less than 85% or equal or exceed 100%. The theoretical payout percentage for the total value of slot machine wagers will be calculated using the following:
(1) The defined set of all symbols that will be displayed using spinning reels or video displays, or both.
(2) The finite set of all possible combinations which shall be known as the cycle of the game. All possible combinations in a slot machine cycle shall be independent of each other and of all possible combinations from cycles in other slot machines.
(3) The value of each winning combination that corresponds with the set from paragraph (2) which, whether by reason of skill or application of the element of chance, or both, may deliver or entitle the person or persons playing the slot machine to a jackpot.
(4) A payout of merchandise or anything of value provided a cash equivalent award for the merchandise is offered. The value of the cash equivalent will contribute to the calculation of the theoretical payout percentage.
(5) A payout in the form of an annuity will contribute to the calculation of the theoretical payout percentage by dividing the initial or reset amount of the jackpot payout by the number of years over which the jackpot will be paid.
(6) The odds of any winning combination may not exceed 50 million to 1.
(b) The calculation of the theoretical payout percentage will not include:
(1) The amount of any progressive jackpot in excess of the initial or reset amount.
(2) A cash or noncash complimentary issued under § 465.8 (relating to complimentary services or items).
(3) A payout of merchandise or anything of value when a cash equivalent award is not offered.
(c) A play offered by a slot machine may not have a theoretical payout percentage which is less than, when calculated to one hundredth of a percentage point, the theoretical payout percentage for any other play offered by that slot machine which is activated by a slot machine wager in a lesser amount than the slot machine wager required for that play. Notwithstanding the foregoing, the theoretical payout percentage of one or more particular plays may be less than the theoretical payout percentage of one or more plays which require a lesser wager provided that:
(1) The aggregate total of the decreases in the theoretical payout percentage for plays offered by the slot machine is not more than 1/2 of 1%.
(2) The theoretical payout percentage for every play offered by the slot machine is equal to or greater than the theoretical payout percentage for the play that requires the lowest possible wager that will activate the slot machine.
(d) In addition to the requirements of subsections (a), (b) and (c), the volatility of a slot machine must verify that the theoretical payout percentage equals or exceeds the minimum payout requirement of 85% within 10 million plays. The criteria used to calculate the volatility must be in accordance with technical standards applicable to volatility adopted by the Board.
(e) The selection from the set of all possible combinations of symbols shall be made applying a pseudo random number generator. At a minimum, a pseudo random number generator must adhere to the following criteria:
(1) The random selection process must meet a 95% confidence interval.
(2) As determined by the Board, a random number generator must pass a standard chi-squared test for goodness of fit.
(3) Each possible slot machine combination which produces winning or losing slot machine outcomes must be available for random selection at the initiation of each play.
(4) A slot machine payout percentage that may be affected by reason of skill must meet the theoretical payout requirements of this subpart when evaluated by the Board using a method of play that will provide the greatest return to the player.
(5) Once a random selection process has occurred, the slot machine must:
(i) Display an accurate representation of the randomly selected outcome.
(ii) Not make a secondary decision which affects the result shown to the person playing the slot machine.
(f) A slot machine is prohibited from automatically altering any function of the slot machine based on internal computation of the hold percentage.
(g) The available winning combinations and applicable rules of play for a slot machine shall be available at all times the slot machine is idle to the patron playing the slot machine. The award schedule of available winning combinations may not include possible aggregate awards achievable from free plays. A slot machine that includes a strategy choice must provide mathematically sufficient information for a patron to use optimal skill. Information regarding a strategy choice need not be made available for any strategy decisions whenever the patron is not required, in addition to the initial wager, to make an additional wager and, when as a result of playing a strategy choice, the patron can not lose any credits earned thus far during that game play.
(h) Slot machines approved for use in a licensed facility must be equipped with the following meters that comply with the technical standards adopted by the Board:
(1) Coin in. A meter that accumulates the total value of all wagers, whether the wager results from the insertion of currency, gaming vouchers, coupons, downloaded credits, credits won or any other means. This meter must:
(i) Not include subsequent wagers of intermediate winnings accumulated during game play sequence such as those acquired from ''double up'' games.
(ii) For multi-game and multi-denomination/multigame slot machines, monitor the information necessary, on a per pay table basis, to calculate a weighted average actual payout percentage.
(2) Coin out. A meter that accumulates the total value of all amounts directly paid by the slot machine as a result of winning wagers, whether the payout is made directly from the printer by issuance of a gaming voucher, directly to a credit meter or by any other means. This meter may not record amounts awarded as the result of an external bonusing system or a progressive payout.
(3) Attendant paid jackpots. A meter that accumulates the total value of credits paid by an attendant resulting from a single winning alignment or combination, the amount of which is not capable of being paid by the slot machine itself. This meter may not record amounts awarded as the result of an external bonusing system or a progressive payout. This meter is to record only amounts specifically listed in the manufacturer's par sheet.
(4) Attendant paid cancelled credits. A meter that accumulates the total value of all amounts paid by an attendant resulting from a player initiated cash-out that exceeds the physical or configured capability of the slot machine.
(5) Bill in. A meter that accumulates the total value of currency accepted. The slot machine must also have a specific meter for each denomination of currency accepted that records the number of bills accepted for each denomination.
(6) Voucher in--cashable/value. A meter that accumulates the total value of all cashable gaming vouchers accepted by the slot machine.
(7) Voucher in--cashable/count. A meter that accumulates the total number of cashable gaming vouchers accepted by a slot machine.
(8) Voucher out--cashable/value. A meter that accumulates the total value of all cashable gaming vouchers issued by the slot machine.
(9) Voucher out--cashable/count. A meter that records the total number of all cashable gaming vouchers issued by a slot machine.
(10) Voucher out--noncashable/value. A meter that accumulates the total value of all noncashable gaming vouchers issued by the slot machine.
(11) Voucher out--noncashable/count. A meter that records the total number of all noncashable gaming vouchers issued by the slot machine.
(12) Cashable electronic in. A meter that accumulates the total value of cashable credits electronically transferred to the slot machine by means of an external connection between the slot machine and a cashless funds transfer system.
(13) Noncashable electronic in. A meter that accumulates the total value of noncashable credits electronically transferred to the slot machine by means of an external connection between the slot machine and a cashless funds transfer system.
(14) Coupon in--cashable/value. A meter that accumulates the total value of all cashable coupons accepted by the slot machine.
(15) Coupon in--cashable/count. A meter that accumulates the total number of all cashable coupons accepted by the slot machine.
(16) Coupon in--noncashable/value. A meter that accumulates the total value of all noncashable coupons accepted by the slot machine.
(17) Coupon in--noncashable/count. A meter that accumulates the total number of noncashable coupons accepted by the slot machine.
(18) Slot machine paid external bonus payout. A meter that accumulates the total value of additional amounts awarded as a result of an external bonusing system and paid by the slot machine.
(19) Attendant paid external bonus payout. A meter that accumulates the total value of additional amounts awarded as a result of an external bonusing system and paid by a slot attendant.
(20) Slot machine paid progressive payout. A meter that accumulates the total value of credits paid as a result of progressive awards paid directly by the slot machine. This meter may not record awards paid as a result of an external bonusing system.
(21) Attendant paid progressive payout. A meter that accumulates the total value of credits paid by a slot attendant as a result of progressive awards that are not capable of being paid by the slot machine. This meter may not include awards paid as a result of an external bonusing system.
(22) Additional requirements. Other meters required by technical standards adopted by the Board.
(i) A slot machine that does not meter one or more of the events required to be metered under subsection (h) may be approved when a slot machine licensee's system of internal controls establishes that the meter is not required to capture all critical transactions occurring on the slot machine.
(j) The meters required under subsection (h) must continuously and automatically increment in units equal to the denomination of the slot machine or, in the case of a slot machine configured for multidenomination play, must display the required information in dollars and cents.
(k) A slot machine approved for use in a licensed facility must be equipped with the following noncumulative meters:
(1) Credits wagered. A meter, visible from the front exterior of a slot machine, known as a credit wagered meter that advises the patron of the total value of amounts wagered in a particular game or round of slot play.
(2) Win meter. A meter, visible from the front exterior of the slot machine, known as a win meter that advises the patron of the total value of amounts won in the immediately concluded game or round of slot play.
(3) Credits paid. A meter, visible from the front exterior of the slot machine, known as a credits paid meter that advises the patron of the total value of the last:
(i) Cash out initiated by the patron.
(ii) Attendant paid jackpot.
(iii) Attendant paid cancelled credit.
(4) Credit meter. A meter, visible from the front exterior of the slot machine and specifically labeled as a credit meter, which advises the patron as to the number of credits or monetary value available for wagering on the slot machine. The credit meter need not distinguish between cashable credits and noncashable credits.
(l) A slot machine must have a meter which stores the number of games played, in the manner and for a duration specified in this subpart or in technical standards adopted by the Board, since the following events:
(1) Power reset.
(2) Door close.
(3) Game initialization (random access memory (RAM) clear).
(m) A slot machine must be equipped with a device, mechanism or method for retaining the total value of all meters required under subsection (h) for 72 hours subsequent to a power loss.
(n) The required meters on a slot machine must be accessible and legible without access to the interior of the slot machine.
(o) A slot machine must be equipped with a tower light capable of effectively communicating the status of the slot machine in accordance with technical standards on tower lights and error conditions adopted by the Board.
(p) A slot machine must be equipped with a device, mechanism or method for detecting, displaying and communicating to a slot monitoring system error conditions. The error conditions detected, displayed and communicated by a slot machine, and the method to be utilized to clear the message with regard to the error condition, must be in accordance with technical standards on tower lights and error conditions adopted by the Board.
(q) A slot machine must, in accordance with section 1324 of the act (relating to protocol information), comply with the comprehensive protocol specifications necessary to enable the slot machine to communicate with the Department's central control computer as that protocol is amended or supplemented, for the purpose of transmitting auditing program information, real time information retrieval and slot machine activation and disabling.
(r) A slot machine must lock up and preclude further play whenever a jackpot occurs that is not able to be paid completely by the slot machine and requires a hand pay. When the jackpot occurs, the slot machine can offer a predetermined number of double-up wagers before the slot machine locks up.
(s) Printers incorporated into a slot machine must be:
(1) Designed to allow the slot machine to detect and report a low paper level, paper out, presentation error, printer failure and paper jams.
(2) Mounted inside a lockable compartment within the slot machine.
(t) Seating made available by a slot machine licensee for use during slot play must be fixed and stationary in nature. Slot seating must be installed in a manner that effectively precludes its ready removal by a patron but permits controlled removal, for example for American With Disabilities Act of 1990 (ADA) (42 U.S.C.A. §§ 12101--12213) purposes, by slot operations department personnel.
(u) Unless a slot machine licensee's slot monitoring system is configured to automatically record all of the information required by this subsection, the slot machine licensee shall be required to physically house in each slot machine the following entry authorization logs:
(1) A machine entry authorization log that documents each time a slot machine or any device connected thereto which may affect the operation of the slot machine is opened. The log must contain, at a minimum, the date, time, purpose for opening the slot machine or device and the signature and license or permit number of the person opening and entering the slot machine or device. Each log must have recorded thereon a sequence number and the manufacturer's serial number or the asset number corresponding to the slot machine in which it is housed.
(2) A progressive entry authorization log that documents each time a progressive controller not housed within the cabinet of the slot machine is opened. The log must contain, at a minimum, the date, time, purpose for accessing the progressive controller and the signature and license or permit number of the person accessing the progressive controller. Each log must be maintained in the progressive controller unit and have recorded thereon a sequence number and the manufacturer's serial number of the progressive controller.
(v) A slot machine must be equipped with a lock controlling access to the card cage door securing the microprocessor, the key to which must be different from any other key securing access to the slot machine's components including its belly door or main door, bill validator or slot cash storage box. Access to the key securing the microprocessor shall be limited to a supervisor in the slot operations department, which department shall establish a sign out and sign in procedure with regard to this key.
(w) A slot machine must be equipped with a mechanism for detecting and communicating to a slot monitoring system any activity with regard to access to the card cage door securing its microprocessor.
§ 461.8. Gaming vouchers.
(a) A slot machine licensee may utilize gaming vouchers and a gaming voucher system that has been tested and approved by the Board under § 461.4 (relating to submission for testing and approval).
(b) The design specifications for a gaming voucher, the expiration terms applicable thereto, the voucher verification methodologies utilized, and any limitation on the value of a gaming voucher must be in compliance with technical standards on gaming vouchers adopted by the Board.
(c) The design specifications for a gaming voucher system must be in compliance with technical standards on gaming voucher systems adopted by the Board.
(d) Prior to issuing a gaming voucher, a slot machine licensee shall establish a system of internal controls for the issuance and redemption of gaming vouchers. The internal controls shall be submitted and approved by the Board under § 465.3 (relating to internal control systems and audit protocols) and address:
(1) Procedures for assigning a slot machine's asset number and identifying other redemption locations in the system, and enabling and disabling voucher capabilities for slot machines and redemption locations.
(2) Procedures for issuance, modification and termination of a unique system account for each user in accordance with technical standards adopted by the Board.
(3) Procedures used to configure and maintain user passwords in accordance with technical standards adopted by the Board.
(4) Procedures for restricting special rights and privileges, such as administrator and override capabilities, in accordance with technical standards adopted by the Board.
(5) The duties and responsibilities of the information technology, internal audit, slot operations and slot accounting departments, respectively, and the level of access for each position with regard to the gaming voucher system.
(6) A description of physical controls on all critical hardware such as locks and surveillance, including the location and security protocols applicable to each piece of equipment as approved by the Board.
(7) Procedures for the backup and timely recovery of critical data in accordance with technical standards adopted by the Board.
(8) Logs used to document and maintain the details of Board-approved hardware and software modifications upon implementation.
(e) The system of internal controls required to be submitted and approved by the Board under subsection (d) must also include the procedures to be applied in the following instances:
(1) The slot machine licensee chooses to pay a patron the value of a gaming voucher notwithstanding the fact that the gaming voucher system is inoperable rendering it unable to determine the validity of the gaming voucher at the time of payment.
(2) The slot machine licensee chooses to pay a patron the value of a gaming voucher notwithstanding the fact that the gaming voucher system failed to verify and electronically cancel the gaming voucher when it was scanned.
(f) At the end of each gaming day, the gaming voucher system must generate reports, as approved by the Board, which reports are provided to the slot accounting department, either directly by the system or through the information technology department, and which, at a minimum, contain the following information:
(1) A report of all gaming vouchers that have been issued which includes the asset number and the serial number of the slot machine, and the value, date and time of issuance of each gaming voucher.
(2) A report of all gaming vouchers that have been redeemed and cancelled by redemption location, including the asset number of the slot machine or location if other than a slot machine, the serial number, the value, date and time of redemption for each voucher, the total value of all gaming vouchers redeemed at slot machines, and the total value of all gaming vouchers redeemed at locations other than slot machines.
(3) The unredeemed liability for gaming vouchers.
(4) The readings on gaming voucher related slot machine meters and a comparison of the readings to the number and value of issued and redeemed gaming vouchers, as applicable.
(5) Exception reports and audit logs.
(g) A slot machine licensee shall immediately report to the Board, in a manner prescribed by the Board, any evidence that a gaming voucher has been counterfeited, tampered with, or altered in any way which would affect the integrity, fairness, reliability or suitability of the gaming voucher.
(h) Upon presentation of a gaming voucher for redemption at a slot machine, the total value of which gaming voucher cannot be completely converted into an equivalent value of credits that match the denomination of the slot machine, the slot machine must perform one of the following procedures:
(1) Automatically issue a new gaming voucher containing the value that cannot be completely converted.
(2) Not redeem the gaming voucher and immediately return the gaming voucher to the patron.
(3) Allow for the additional accumulation of credits on an odd cents meter or a meter that displays the value in dollars and cents.
(i) A slot machine licensee that utilizes a system or a slot machine that does not print a test gaming voucher that is visually distinguishable from a valid gaming voucher whenever the slot machine is tested on the gaming floor must have in place internal controls approved by the Board under § 465.3 for the issuance of test currency from the cashiers' cage and the return and reconciliation of the test currency and any gaming vouchers printed during the testing process.
(j) Except as provided in subsection (n) with regard to employee redemption of gaming vouchers, a gaming voucher shall be redeemed by a patron for a specific value of cash, slot machine credits, or, at the request of the patron, a check issued by the slot machine licensee in the amount of the gaming voucher surrendered. Notwithstanding the forgoing, a slot machine licensee may not permit a gaming voucher that is presented for redemption to be redeemed if it knows, or has reason to know, that the gaming voucher:
(1) Is materially different from the sample of the gaming voucher approved by the Board.
(2) Was previously redeemed.
(3) Was printed as a test gaming voucher.
(k) Notwithstanding the requirements of subsection (j), if a patron requests to redeem a gaming voucher by mail, the slot machine licensee may effectuate the redemption. However, the gaming voucher may only be redeemed by a cage supervisor in accordance with internal controls approved by the Board under § 465.3, which include the following:
(1) Procedures for using the gaming voucher system to verify the validity of the serial number and value of the voucher, which, if valid, must be immediately cancelled electronically by the system.
(2) Procedures for the issuance of a check equal to the value of the voucher.
(l) Gaming vouchers redeemed at cashiering locations shall be transferred to the slot accounting department on a daily basis. Gaming vouchers redeemed by slot machines shall be counted in the count room and forwarded to the slot accounting department upon the conclusion of the count process. Gaming vouchers redeemed at automated gaming voucher redemption machines shall be forwarded to slot accounting upon the conclusion of the cashiers' cage reconciliation process. Slot accounting department representatives with no incompatible functions shall perform, at a minimum, the following:
(1) On a daily basis:
(i) Compare gaming voucher system report data to any count room system report data available for that gaming day to ensure proper electronic cancellation of the gaming voucher.
(ii) Calculate the unredeemed liability for gaming vouchers, either manually or by means of the gaming voucher system.
(2) On a weekly basis, compare appropriate slot machine meter readings to the number and value of issued and redeemed gaming vouchers per the gaming voucher system. Meter readings obtained through a slot monitoring system may be utilized to complete this comparison.
(m) A slot machine licensee shall provide written notice to the Slot Lab of any adjustment to the value of any gaming voucher. The notice shall be made prior to, or concurrent with, the adjustment.
(n) Employees of a slot machine licensee who are authorized to receive gratuities under § 465.20 (relating to acceptance of tips or gratuities from patrons) may only redeem gaming vouchers given as gratuities at a cashiers' cage. Gaming vouchers valued at more than $100 shall only be redeemed at the cashiers' cage with the approval of the supervisor of the cashier conducting the redemption transaction.
(o) A gaming voucher system must be configured to alert a slot machine licensee to any malfunction. Following a malfunction of a system, a slot machine licensee shall immediately notify the Board and may not utilize the system until the malfunction has been successfully eliminated. Notwithstanding the foregoing, the Board may permit, in accordance with approval procedures the Board prescribes, a slot machine licensee to utilize the system prior to its being successfully restored, for a period not to exceed 72 hours, provided that:
(1) The malfunction is limited to a single storage media device, such as a hard disk drive.
(2) In addition to the malfunctioning storage media device, the system contains a backup storage media device not utilized in the normal operation of the system. The backup device must immediately and automatically replace the malfunctioning device to permit a complete and prompt recovery of all information in the event of an additional malfunction.
(3) Continued use of the malfunctioning system would not inhibit the ability to perform a complete and prompt recovery of all information, and would not otherwise harm or affect the normal operation of the system.
(p) Other than a modification to a gaming voucher system required on an emergency basis to prevent cheating or malfunction and approved by the Board under § 461.4(m), a modification to a gaming voucher system may not be installed without the gaming voucher system having undergone the testing and approval process required under § 461.4.
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