PROPOSED RULEMAKING
PENNSYLVANIA GAMING CONTROL BOARD
[ 58 PA. CODE CH. 401a ]
Licensed Facility
[38 Pa.B. 2053]
[Saturday, May 3, 2008]The Pennsylvania Gaming Control Board (Board), under its general authority in 4 Pa.C.S. § 1202(b)(30) (relating to general and specific powers) proposes to amend Chapter 401a to read as set forth in Annex A.
Purpose of the Proposed Rulemaking
This proposed rulemaking is intended to provide additional clarification as to how the Board interprets the term ''licensed facility.''
Explanation of Amendment to Chapters 401a
Currently, the Board's regulations use the definition of ''licensed facility'' that is contained in 4 Pa.C.S. § 1103 (relating to definitions).
However, a number of questions have arisen as to how the term should be interpreted. For example, 4 Pa.C.S. § 1305(b) (relating to Category 3 slot machine license) requires that no Category 3 license shall be located within 15 linear miles of another licensed facility. Questions have been raised as to whether the 15 linear miles should be measured from the property line of the licensed facility or the building that houses the gaming floor.
To provide greater clarity to applicants for and holders of slot machine licenses, the Board, through this proposed rulemaking, is expanding the definition of ''licensed facility'' to clarify that it includes the gaming floor, all restricted areas servicing the slot operations, all adjacent and proximate amenities, such as food, beverage and retail outlets and other areas directly accessible from the gaming floor or restricted areas. The term does not include areas that are exclusively devoted to pari-mutuel activities, hotel activities or other amenities not related to the slot machine gaming operations.
Affected Parties
Holders of and applicants for a slot machine license may be affected by this proposed rulemaking.
There are currently 11 slot machine licensees and 4 applicants for slot machine licenses.
Fiscal Impact
Commonwealth
The Board anticipates that this proposed rulemaking will have no fiscal impact on the Board or other agencies of this Commonwealth.
Political Subdivisions
Under 4 Pa.C.S. § 1403 (relating to establishment of State Gaming Fund and net slot machine revenue distribution), the distribution of funds from the local share assessment is based upon the location of the licensed facility. For slot machine licensees that have facilities in more than one county or municipality this proposed rulemaking could have a fiscal impact on those political subdivisions.
Private Sector
To the extent that this proposed rulemaking clarifies the definition of the term ''licensed facility'' there may be some small potential savings to applicants or potential applicants for a slot machine license.
General Public
This proposed rulemaking will have no fiscal impact on the general public.
Paperwork Requirements
This proposed rulemaking will create no new paperwork requirements.
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 #125-85.
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 (act) (71 P. S. § 745.5(a)), on April 21, 2008, the Board submitted a copy of this proposed rulemaking and a copy of the Regulatory Analysis Form to the Independent Regulatory Review Commission (Commission) 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.
Under section 5(g) of the act, the Commission 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 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,
ChairpersonFiscal Note: 125-85. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART VII. GAMING CONTROL BOARD
Subpart A. GENERAL PROVISIONS
CHAPTER 401a. PRELIMINARY PROVISIONS § 401a.3. Definitions.
The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Licensed facility--
(i) The physical land-based location at which a licensed gaming entity is authorized to place and operate slot machines including the gaming floor and all restricted areas servicing slot operations together with all adjacent and proximate amenities, including, but not limited to, food, beverage and retail outlets and other areas directly accessible from the gaming floor or the restricted areas servicing slot operations.
(ii) The term does not encompass areas or amenities exclusive to pari-mutuel activities, hotel activities and other amenities and activities not related to slot machine gaming operations.
* * * * *
[Pa.B. Doc. No. 08-828. Filed for public inspection May 2, 2008, 9:00 a.m.]
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