RULES AND REGULATIONS
PENNSYLVANIA GAMING CONTROL BOARD
[ 58 PA. CODE CHS. 403a, 435a, 441a,
461a AND 465a ]
Revised Procedures
[39 Pa.B. 5125]
[Saturday, August 29, 2009]The Pennsylvania Gaming Control Board (Board), under the 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. §§ 1202(a)(1) and (b)(23), 1207(1), (3) and (5), 1209(a), 1305(d), 1322(a), (b)(2), (4) and (9) and (c)(3), (4), (5) and (8), 1326(b) and 1331(1), (3) and (4), amends Chapters 403a, 435a, 441a, 461a and 465a to read as set forth at 39 Pa.B. 418 (January 24, 2009) and in Annex A.
Purpose of the Final-Form Rulemaking
This final-form rulemaking contains a variety of amendments which correct errors in the existing regulations, clarify a number of requirements and revise or add new requirements that reflect current practices.
Explanation of Amendments to Chapters 403a, 435a, 441a, 461a and 465a
In § 403a.6 (relating to delegation of powers), ''or order'' has been added as one of the ways that the Board may make a delegation of its authority. While most Board delegations have been made by regulation or by resolution, in a few cases, the Board has used orders as well.
In § 435a.1 (relating to general provisions) ''any felony offense'' has been added to the list of arrests, charges, indictments or convictions that an individual who has a license, permit or registration has a continuing duty to report to the Board. Because felonies, by their very nature, are serious offenses, this information is essential for the Board to determine an individual's continuing suitability.
In § 441a.5 (relating to license fee payment bond or letter of credit requirements) the incorrect citation to section 1209(c) of the act has been replaced with the correct citations to sections 1209(a) and 1305(d) of the act.
In § 461a.10 (relating to automated gaming voucher and coupon redemption machines) subsection (g)(1) has been amended to allow either the slot operations or the security department to maintain the key to the lock securing the compartment, housing the storage box. This will give slot machine licensees some additional operational flexibility, while still preserving the departmental segregation of duties necessary to protect financial integrity. Additionally, subsection (g)(3) is being deleted. Because of the low risk for theft of coins, a lock on the compartment housing the coin storage containers is not necessary. Similarly, the second sentence in subsection (h), which requires all input/output ports to be secured, is being deleted. Since these ports are all located inside the locked housing, there is no need for additional security.
In § 461a.22 (relating to automated jackpot payout machines), new provisions have been added addressing key control and the physical security of automated jackpot payout machines. These provisions are similar to the requirements for automated gaming voucher and coupon redemption machines.
Section 461a.24 (relating to waivers) has been revised to clarify that written requests for waivers of any of the requirements in Chapter 461a (relating to slot machine testing and control) are to be submitted to the Board as a petition under § 493a.4 (relating to petitions generally) and that the waiver must be approved by the Board.
In § 465a.2 (relating to internal control systems and audit protocols), revisions have been made to subsections (f), (g) and (i) to further clarify the approval process for amendments to internal controls. Additionally, the requirement in subsection (f) that requests for changes or amendments also be submitted to the Department of Revenue (Revenue) has been deleted. Due to the large volume of changes and the fact that most changes have no impact on Revenue's responsibilities, there is no need for Revenue to receive all changes. Instead, the Board will notify Revenue when a change is submitted that will impact their responsibilities.
In § 465a.5(h) (relating to annual audit; other reports; suspicious activity and currency transaction reporting), the word ''license'' has been replaced with ''licensee.''
In § 465a.6 (relating to retention, storage and destruction of books, records and documents), subsections (b)(2) and (d)(1) and (2) have been revised to clarify that the location of books, records and documents that are required to be retained by a slot machine licensee must be secured and have a fire suppression system. This will apply if the records are stored in the licensed facility or in an approved alternate location. The reference to the Board as the entity that will review and approve requests to use an alternate location for records storage has also been replaced with the Office of Gaming Operations.
Section 465a.12 (relating to access badges) has been totally rewritten to eliminate the confusion between the access control and badge system that the slot machine licensees must establish and the emergency and temporary credentials that may be issued by the Board under §§ 435a.7--435a.9 (relating to emergency credentials; temporary credentials for principals and key employees; and temporary credentials for nongaming employees). In the proposed rulemaking, the slot machine licensee's human resources department was to be responsible for determining the appropriate access level for each job description based upon the duties in each job description. The slot machine licensee's director of security was to be responsible for maintaining the database with the access levels for all employees and monitoring compliance with the access levels. These proposed changes have been revised further, as discussed in this preamble. The Board's representatives will have read-only access to this database. Employees of the slot machine licensee will be required to display their access badges at all times when they are working in the licensed facility. These requirements are consistent with or very similar, to the current practice in the operating licensed facilities.
In § 465a.16 (relating to accounting controls for the cashiers' cage) the word ''cashiers' '' has been replaced with ''cashier's'' in subsection (a). Additionally, the provision in subsection (c)(1)(viii), which addresses the functions of the cage cashiers, has been moved to subsection (c)(2), which covers main bank cashier functions, as a new subparagraph (x). This reflects the current industry practice when the issuance of cash to fill these machines is a function of the main bank, not the cage cashiers.
In § 465a.28 (relating to merchandise jackpots), revisions are being made to streamline the review process for merchandise jackpots. The requirement to submit a request using an Amendment Waiver and Request Form has been replaced with just a written request submitted to the Bureau of Gaming Operations. Approval of these requests will be made by the Executive Director instead of the Board. This will allow quicker action on these requests, which will in turn allow licensed facilities to more quickly respond to marketing trends. Additionally, the language in subsection (b) has been revised to provide greater clarity discribing what may be included as part of a merchandise jackpot.
In § 465a.29 (relating to automated teller machines), the phrase ''or other color combination approved by the Bureau of Gaming Operations'' is being added to subsection (b). This will make the language used in this subsection the same as the language used in §§ 461a.7 and 461a.22 (relating to slot machine minimum design standards; and automated jackpot payout machines).
As was done in § 461a.24, § 465a.30 (relating to waivers; and waiver of requirements) is being revised to clarify that written requests for waivers of any of the requirements in Chapter 465a (relating to accounting and internal controls) are to be submitted to the Board as a petition under § 493a.4 (relating to petitions generally) and that the waiver must be approved by the Board.
Comment and Response Summary
Notice of proposed rulemaking was published at 39 Pa.B. 418 (January 24, 2009).
The Board received comments from Greenwood Gaming and Entertainment, Inc. (Greenwood) and Mountainview Thoroughbred Racing Association (Mountainview) during the public comment period. On March 25, 2009, the Independent Regulatory Review Commission (IRRC) also filed comments on the proposed rulemaking. These comments were reviewed by the Board and are discussed in detail as follows.
In its comments, IRRC asked the Board to explain how the sections of the Pennsylvania Race Horse Development and Gaming Act (act) cited in the Regulatory Analysis Form relate to the Board's exercise of rulemaking authority.
The sections of the act cited in the preamble and Regulatory Analysis Form, reflect the statutory basis for the amendments to the Board's regulations. More specifically, §§ 1202(b)(23), 1207(1), 1209(a), 1305(a), 1326(b) and 1331(1), (3) and (4) pertain to the Board's licensing authority and requirements which are the subject of the amendments to §§ 435a.1 and 441a.5. The remaining sections, §§ 1202(a)(1), 1207(3) and (5) and 1322(a), (b)(2), (4) and (9) and (c)(3), (4), (5) and (8) pertain to the amendments to the Board's regulations relating to internal controls in Chapters 461a and 465a.
Concerning the revisions to § 403a.6, IRRC asked that the Board clarify what circumstances would prompt the use of orders to delegate authority.
As the Board was beginning its operations, the Board used resolutions as the administrative mechanism to record actions taken by the Board at its public meetings. However, most Commonwealth agencies use orders instead of resolutions. The Board is adding orders to this section to bring its practices more in line with those of other Commonwealth agencies.
On § 465a.2, IRRC had three concerns. First, IRRC asked if the act provides the Executive Director (Director) with the authority to approve and disapprove amendments to internal controls. Second, IRRC asked why the requirement that an applicant provide a copy of amendments to its internal controls to the Revenue is being deleted. Finally, IRRC asked that the Board explain the difference between the Amendment and Waiver Request Form and the Internal Controls Amendment Request Form.
On IRRC's first concern, the act does not provide the Director with the authority to approve or disapprove changes to internal controls. The act gives the Board that authority under 4 Pa.C.S. §§ 1207 and 1322. However, the Board has delegated authority to the Director to approve or disapprove changes to a slot machine licensee's internal controls under § 403a.6. This has been done because changes to internal controls happen quite often due to changes in technologies, slot machine licensees' business practices, Board regulations and periodic audits. Requiring all internal control changes to go through a Board meeting would impose an administrative hardship on slot machine licensees and delay needed improvements to slot machine licensees' internal controls.
Regarding IRRC's second concern, the Board originally required that slot machine licensees submit a copy of all internal control changes to Revenue because Revenue wanted to receive them. However, most internal control changes have nothing to do with the central control computer system or the operation of slot machines, so Revenue has been flooded with internal control changes that did not want to receive. To resolve this problem, the Board has agreed to forward to Revenue any changes that affect its areas of interest. This will reduce the filing burden on the slot machine licensees, and save Revenue time it would have spent sorting through all of the changes that are submitted.
Concerning the difference between the Amendment and Waiver Request Form and the Internal Controls Amendment Request Form, the actual difference between the forms is minor. Originally, the Board attempted to use the same form for submission of both amendments to internal controls and applications for waivers under § 465a.30. Unfortunately, using the same form created confusion for some of the slot machine licensees and Board staff. To eliminate this confusion, this section of the regulation has been amended to reference the new, updated form for submission of internal control amendments, the Internal Controls Amendment Request Form. While the name of the form has changed, the information required by the new form is essentially the same.
Regarding § 465a.6, Greenwood suggested that the security and fire suppression system requirements not apply to temporary facilities to avoid duplicative costs for these systems. If not addressed in the regulation, Greenwood indicated that it will seek a waiver under § 465a.30. IRRC voiced similar questions including: would the rulemaking require a fire suppression system in both temporary and permanent licensed facilities; did the Board consider the costs of having fire suppression systems in both facilities and would the Board consider granting a waiver of these requirements.
Because these records are essential to the audit process and protecting the financial integrity of gaming, they need to be kept a secured location that has fire suppression capabilities. For this reason, these requirements do apply to both temporary and permanent facilities. However, because the costs associated with fire suppression systems can be significant for a facility that will soon be transitioning to its permanent facility, such as Greenwood which is scheduled to move into its permanent facility in December, the Board believes that filing a waiver request under § 465a.30 would be more appropriate.
In § 465a.12, Greenwood, Mountainview and IRRC all suggested that subsection (b) be amended to allow someone other that the human resources department to be responsible for determining the access level of each job classification. Similarly, they all suggested that subsections (c) and (d) also be amended to allow someone other than the director of security to be responsible for the development and maintenance of the employee access level electronic database and any changes made to the database.
Additionally, Greenwood objected to the requirement in subsection (e) that the Board have read-only access to the access database because their current system doesn't have that capability. They requested that this provision not apply to temporary facilities or they will request a waiver for the temporary facility.
IRRC also asked why a department name was used in subsection (b) while individuals were listed in subsections (c) and (d); in subsection (c), what would be a ''functional equivalent'' to an electronic database system; and in subsection (e), had the Board considered the compliance cost of this requirement for Greenwood's temporary facility.
While the proposed amendment mirrors how many slot machine licensees have assigned these responsibilities, the Board agrees with all of the commentators that the slot machine licensees should have additional flexibility to decide who is responsible for these functions. Therefore, subsections (b), (c) and (d) have been revised to require the slot machine licensee to designate the individuals who will be responsible for these functions in their internal controls.
The Board disagrees with Greenwood's request that subsection (e), which requires that the Board be provided read-only access to the electronic database system, not apply to its temporary facility. If Greenwood believes that the cost is excessive, it has the option of filing a waiver request.
Regarding IRRC's other concerns, the revisions to subsection (b), (c) or (d) discussed previously resolve the first concern about the use of a department name instead of an individual position title. As to what constitutes a functional equivalent, this could include electronic logs that are not in a database format or paper tracking systems such as a log book. For the last concern, related to the cost of providing read-only access, the Board believes that the waiver process provides a mechanism for Greenwood to seek relief from this requirement.
Regarding § 465a.28, IRRC asked if the act provides the Director the authority to approve merchandise jackpots.
The act does not give the Director the authority to approve or disapprove merchandise jackpots. Instead, the Board has delegated this authority to the Director under § 403a.6. This was done because slot machine licensees frequently use merchandise jackpots as a marketing tool to increase player participation during slow periods. Requiring merchandise jackpots to go through a Board meeting would impose an administrative hardship on slot machine licensees by making it more difficult to quickly respond to market conditions.
On § 465a.30, Greenwood objected to the requirement that requests for waivers of the Board's regulations be filed as petitions under § 493a.4. It believed that it will increase the amount of time and costs to file these waivers. Instead, it suggested that the Board continue to use the process that is used for review of amendments to licensed facilities internal controls. IRRC also asked why the Board is eliminating the Amendment and Waiver Request Form and if it considered the potential cost implications. IRRC also asked if the Board had considered providing a list of examples of waivers it might approve.
As previously noted, attempting to use one form, the Amendment Waiver Request Form, for amendments to internal controls and for waiver requests, resulted in confusion between these two distinctly different processes. It was never the Board's intent to allow waivers of Board regulations to be approved using the same process that is used to review internal control amendments. Requiring waiver requests to be submitted as petitions will eliminate any further confusion.
The Board also believes that requiring waiver requests be filed as petitions, will not significantly increase the cost of filing a waiver request. Regardless of how a waiver request is filed, using a form, in writing or by petition, the slot machine licensee must still provide the same information needed to demonstrate how the alternative controls that are being proposed will still meet the operational integrity requirements of the regulations. So, while the form of the filing will be different, the substance of the filing will be essentially the same.
Finally, the Board has not adopted IRRC's suggestion that it add examples of items that it would grant a waiver. It would be difficult to give examples because each waiver request will be somewhat unique and the Board's decision will be based on the particular details contained in the petition. Additionally, when the Board has identified particular circumstances where waivers of the Board's regulations are appropriate, it has amended its regulations accordingly.
Affected Parties
This final-form rulemaking will affect slot machine licensees and individuals who hold a license, permit or registration.
Fiscal Impact
Commonwealth
The clarifications and revised procedures contained in this final-form rulemaking will improve the operations of the Board which may result in some savings. However, the magnitude of these savings is expected to be minimal.
Political Subdivisions
This final-form rulemaking will have no fiscal impact on political subdivisions of the Commonwealth.
Private Sector
Because most of the changes in this final-form rulemaking reflect current industry practices, provide greater operational flexibility or simplify existing requirements, the net impact of these changes may result in some slight savings for slot machine licensees.
General Public
This final-form rulemaking will have no fiscal impact on the general public.
Paperwork Requirements
Slot machine licensees will no longer be required to submit copies of proposed changes to their internal controls to the Department.
Individuals who hold a license, permit or registration will be required to notify the Board if they are arrested, charged, indicted or convicted of a felony offense.
Effective Date
This final-form rulemaking will become effective upon publication in the Pennsylvania Bulletin.
Contact Person
The contact person for questions about this final-form 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 November 14, 2008, the Board submitted a copy of this proposed rulemaking, published at 39 Pa.B. 418 and a copy of the Regulatory Analysis Form to IRRC and to the Chairpersons of the House Gaming Oversight Committee and the Senate Community, Economic and Recreational Development Committee (Committees).
Under section 5(c) of the Regulatory Review Act IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Board has considered all comments received from IRRC, the Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), the final-form rulemaking was deemed approved by the Committees on July 22, 2009. Under section 5.1(e) of the Regulatory Review Act IRRC met on July 23, 2009 and approved the final-form rulemaking.
Findings
The Board finds that:
(1) Public notice of intention to adopt these amendments was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2 (relating to notice of proposed rulemaking required; and adoption of regulations).
(2) The final-form rulemaking is necessary and appropriate for the administration and enforcement of 4 Pa.C.S. Part II (relating to gaming).
Order
The Board, acting under 4 Pa.C.S. Part II, orders that:
(a) The regulations of the Board, 58 Pa. Code Chapters 403a, 435a, 441a, 461a and 465a are amended by amending §§ 403a.6, 435a.1, 441a.5, 461a.10, 461a.22, 461a.24, 465a.5, 465a.16, 465a.28, 465a.29 and 465a.30 to read as set forth at 39 Pa.B. 418; and by amending §§ 465a.2, 465a.6, 465a.12, 465a.28 and 465a.29 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(b) The Chairperson of the Board shall certify this order, 39 Pa.B. 418 and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(c) This order shall take effect upon publication in the Pennsylvania Bulletin.
GREGORY C. FAJT,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 39 Pa.B. 4832 (August 8, 2009).)
Fiscal Note: Fiscal Note 125-96 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART VII. GAMING CONTROL BOARD
Subpart E. SLOT MACHINES AND ASSOCIATED EQUIPMENT
CHAPTER 465a. ACCOUNTING AND INTERNAL CONTROLS § 465a.2. Internal control systems and audit protocols.
* * * * * (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 Bureau of Gaming Operations using the Internal Controls Amendment 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 subsection (b)(1) and (2). The slot machine licensee may implement the change or amendment upon receipt of written notice of approval from the Board's Executive Director or 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 or written notice of disapproval from the Board's Executive Director.
(g) If during the 30-day review period in subsection (f), the 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 Bureau of Gaming Operations, by written notice to the slot machine licensee, will:
(1) Specify the nature of the insufficiency and, when possible, an acceptable alternative procedure.
(2) Direct that the 30 calendar day review period in subsection (f) be tolled and that any internal controls at issue not be implemented until approved under subsection (i).
* * * * * (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 Bureau of Gaming Operations. The slot machine licensee may implement the revised change or amendment upon receipt of written notice of approval from the Board's Executive Director or on the 30th calendar day following the filing of the revision unless it receives written notice under subsection (g) tolling the change or amendment or written notice of disapproval from the Board's Executive Director.
* * * * * § 465a.6. Retention, storage and destruction of books, records and documents.
(a) For the purposes of this section, ''books, records and documents'' means any book, record or document pertaining to, prepared in or generated by the operation of the licensed facility including all forms, reports, accounting records, ledgers, subsidiary records, computer generated data, internal audit records, correspondence and personnel records required to be generated and maintained under § 451a.1 (relating to recordkeeping generally) or this part. This definition applies without regard to the medium through which the record is generated or maintained, for example, paper, magnetic media or encoded disk.
(b) Original books, records and documents pertaining to the operation of a licensed facility shall be:
(1) Prepared and maintained in a complete, accurate and legible form. Electronic data must be stored in a format that ensures readability, regardless of whether the technology or software that created or maintained it has become obsolete.
(2) Retained in a secure location in the licensed facility that is equipped with a fire suppression system or at another location approved under subsection (d).
(3) Kept immediately available for inspection by agents of the Board, the Department and the Pennsylvania State Police during all hours of operation.
(4) Organized and indexed in a manner to provide immediate accessibility to agents of the Board, the Department and the Pennsylvania State Police.
(5) Destroyed only after expiration of the minimum retention period specified in subsection (c), except that the Board may, upon the written request of a slot machine licensee and for good cause shown, permit the destruction at an earlier date.
(c) Original books, records and documents shall be retained by a slot machine licensee for a minimum of 5 years with the following exceptions:
(1) Documentation with regard to gaming vouchers reported to the Board as possibly counterfeit, altered or tampered with, should be retained for a minimum of 2 years.
(2) Coupons entitling patrons to cash or slot machine credits, whether unused, voided or redeemed shall be retained for a minimum of 6 months.
(3) Voided gaming vouchers and gaming vouchers redeemed at a location other than a slot machine, shall be retained for a minimum of 6 months.
(4) Gaming vouchers redeemed at a slot machine shall be retained for a minimum of 7 days.
(d) A slot machine licensee may request, in writing, that the Bureau of Gaming Operations approve a location outside the licensed facility to store original books, records and documents. The request must include the following:
(1) A detailed description of the proposed location, including security and fire suppression systems.
(2) The procedures under which the Board, the Department and the Pennsylvania State Police will be able to gain access to the original books, records and documents retained at the location outside the licensed facility.
(e) A slot machine licensee may request, in writing, that the Board approve a microfilm, microfiche or other suitable media system for the copying and storage of original books, records and documents. The request must include representations regarding:
(1) The processing, preservation and maintenance methods which will be employed to insure that the books, records and documents are available in a format which makes them readily available for review and copying.
(2) The inspection and quality control methods which will be employed to insure that microfilm, microfiche or other media when displayed on a reader/viewer or reproduced on paper exhibits a high degree of legibility and readability.
(3) The availability of a reader/printer for use by the Board, the Department and the Pennsylvania State Police at the licensed facility or other location approved by the Board and the readiness with which the books, records or documents being stored on microfilm, microfiche or other media can be located, read and reproduced.
(4) The availability of a detailed index of all microfilmed, microfiched or other stored data maintained and arranged in a manner to permit the immediate location of any particular book, record or document.
(f) Nothing herein shall be construed as relieving a slot machine licensee from meeting any obligation to prepare or maintain any book, record or document required by any other Federal, State or local governmental body, authority or agency.
§ 465a.12. Access badges.
(a) Slot machine licensees shall develop an access control matrix indicating the restricted areas in a licensed facility that an employee may access for each employee job description. Access to restricted areas by an employee shall be limited to the restricted areas that the employee needs to access in the course of the performance of the employee's normal duties listed in the employee's job description.
(b) In the internal controls required to be submitted under § 465a.2 (relating to internal control systems and audit protocols), the slot machine licensee shall designate the individuals who shall be responsible for determining the appropriate level of access for each job description and updating the level of access when a job description changes. The level of access information for each employee shall be transmitted to the individual or individuals designated in subsection (c).
(c) In the internal controls required to be submitted under § 465a.2, the slot machine licensee shall designate the individuals who shall develop and maintain an electronic database system, or its functional equivalent, which contains the access level of all employees of the slot machine licensee. The electronic database system must be capable of tracking who enters or changes the access level assigned to each employee.
(d) In the internal controls required to be submitted under § 465a.2, the slot machine licensee shall designate the individuals who shall be responsible for entering or making changes to the access level of employees of the slot machine licensee in the electronic database system.
(e) Read-only access to the electronic database system shall be made available through secure computer access to the Board's representatives at the licensed facility.
(f) Slot machine licensees shall develop an access badge system consisting of a badge that contains the employee's name and a color, code or symbol that indicates the areas in the licensed facility that the employee is allowed to access.
(g) Employees of a slot machine licensee shall be required to wear an access badge in a visible location at all times while they are working in a licensed facility.
§ 465a.28. Merchandise jackpots.
(a) A slot machine licensee may not offer a merchandise jackpot payout unless:
(1) The terms and conditions of the merchandise jackpot, including the effect on the calculation of the theoretical payout percentage, comply with the act, this subpart and technical standards on jackpot payouts approved by the Board and published in the Pennsylvania Bulletin and posted on the Board's web site.
(2) The Executive Director has approved the specific offer of the merchandise jackpot. To obtain the Executive Director's approval, a slot machine licensee shall file a written request with the Bureau of Gaming Operations containing all of the details related to the merchandise jackpot payout including:
(i) A detailed description of the merchandise jackpot.
(ii) A description of the slot machines that will offer the merchandise jackpot.
(iii) Supporting documentation relating to the valuation of the merchandise offered as the merchandise jackpot.
(b) A merchandise jackpot may consist of one of the following:
(1) A payout that consists of both merchandise and cash.
(2) A payout of merchandise only with an optional cash payout that the patron may elect to receive in lieu of receiving the merchandise.
* * * * * § 465a.29. Automated teller machines.
(a) Automated teller machines may be placed at any location within a licensed facility.
(b) An automated teller machine must have a label on the top of the automated teller machine and on the front of the automated teller machine that displays a unique identification number of the automated teller machine. The labels must have white lettering on a black background or other color combination approved by the 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 teller machine must be at least 1.5 inches by 5.5 inches and the label on the front of the automated teller machine must be at least 1 inch by 2.5 inches.
[Pa.B. Doc. No. 09-1608. Filed for public inspection August 28, 2009, 9:00 a.m.]
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