RULES AND REGULATIONS
Title 58—RECREATION
PENNSYLVANIA GAMING CONTROL BOARD
[ 58 PA. CODE CHS. 521, 527, 553, 555, 557, 559, 561, 563 AND 565 ]
Temporary Table Game Training Requirements; Temporary Table Game Rules for Poker, Caribbean Stud Poker, Four Card Poker, Let It Ride Poker, Pai Gow Poker, Texas Hold 'Em Bonus Poker and Three Card Poker
[40 Pa.B. 1156]
[Saturday, March 6, 2010]The Pennsylvania Gaming Control Board (Board), under its general authority in 4 Pa.C.S. § 1303A (relating to temporary table game regulations) enacted by the act of January 7, 2010 (Act 1) and the specific authority in 4 Pa.C.S. §§ 1302A(1)—(4), (5.1) and (7) and 1323A (relating to regulatory authority; and training of employees and potential employees), adopts temporary regulations in Chapters 521, 527, 553, 555, 557, 559, 561, 563 and 565 (relating to general provisions; minimum training standards; poker; Caribbean Stud Poker; Four Card Poker; Let It Ride Poker; Pai Gow Poker; Texas Hold 'Em Bonus Poker; and Three Card Poker) to read as set forth in Annex A. The Board's temporary regulations will be added to Part VII (relating to Gaming Control Board) as part of a new Subpart K entitled Table Games.
Purpose of the Temporary Rulemaking
This temporary rulemaking contains minimum training provisions for dealers, procedures to request permission to offer a new table game or seek a waiver of table game regulations and the rules for conducting the games of Poker, Caribbean Stud Poker, Four Card Poker, Let It Ride Poker, Pai Gow Poker, Texas Hold 'Em Bonus Poker and Three Card Poker.
Explanation of Chapters 521, 527, 553, 555, 557, 559, 561, 563 and 565
In Chapter 521, definitions of the terms ''ante,'' ''cover card'' and ''stub'' have been added. These terms are used throughout the chapters related to the rules of the games.
A new § 521.4 (relating to request to offer a new table game or new feature for an existing table game) has been added to give certificate holders a mechanism through which they can request permission to offer a new table game for which the Board has not promulgated regulations, or add a new wager or feature to an existing game. The Board recognizes that as more jurisdictions permit table games, certificate holders may need to be able to add new games or modify existing games to maintain player interest and meet market demands. Under this section, certificate holders will be able to file a written request with the Board's Executive Director requesting permission to do either of these.
Similarly, a new § 521.5 (relating to waiver of existing table game regulations) has been added which will allow certificate holders to file a petition to seek a waiver of any of the Board's table game regulations. While the Board has attempted to build a fair amount of flexibility into the table game regulations, it recognizes that there may be circumstances where a certificate holder may find that a specific regulation imposes an unreasonable hardship on the certificate holder. Adding this waiver provision will create a process whereby a certificate holder can seek relief.
Chapter 527 sets forth the general minimum training or experience requirements that an individual will have to meet to be a dealer in this Commonwealth. Dealers will have to be trained in the table games they deal, either at a school or a licensed facility or have at least 6 months previous dealing experience in another jurisdiction. Section 527.2 (relating to minimum proficiency requirements) lists the minimum hours of instruction required for different table games which will need to be included in the training programs of schools and certificate holders. It also contains general requirements related to training on the handling of cards, dice and tiles that are used in the play of table games. In § 527.3 (relating to employee training by certificate holders), the Board has listed the areas that each certificate holder must include as part of its in-house training of employees who are going to be dealers and in § 527.4 (relating to submission of training programs to the Board) certificate holders are required to submit those training programs to the Board. Finally, under § 527.5 (relating to table test; employee personnel file) certificate holders will be required to have all prospective dealers pass a live table test before the dealers will be permitted to conduct table games on the gaming floor. Additionally, this section requires the certificate holder to document all of a dealer's training in the dealer's personnel file so that the Board can audit compliance with these requirements.
Chapter 553 contains the rules for the nonbanking poker games that may be offered. Nonbanking table games are games where the players compete against each other, not the certificate holder, and for which the certificate holder collects a percentage of winning pots or a fee, referred to as the ''rake.'' This chapter includes general provisions which address: the layout of tables used for Poker; the decks of cards to be used; the ranking of Poker hands; the opening of Poker tables; the procedures for shuffling, cutting and dealing; and wagers. It also includes separate sections which contain the specific rules for the five poker games that can be offered, which are: Seven-card Stud Poker; Hold'em Poker; Omaha Poker; Five-card Draw Poker; and Five-card Stud Poker. Also contained in this chapter are sections which outline: the general rules applicable to all Poker games and how irregularities in play are to be handled; rules for player conduct; announcement of available games and seats at tables; and the rules for Bad Beat payouts, if they are offered by the certificate holder.
Chapters 555, 557, 559, 561, 563 and 565 contain the rules for the authorized banking poker games, where the players compete against the certificate holder. Each of these chapters is organized in a similar manner which includes: the layout of tables used for each of the games; the decks of cards to be used; the opening of tables; the ranking of hands; the different wagers that may be made; the procedures for shuffling, cutting and dealing; the procedures for the actual play of each game; the collection of losing wagers and payment of winning wagers; the minimum payout odds and paytables that may be used; and how irregularities in play are to be handled.
Affected Parties
Slot machine licensees who elect to become certificate holders will be required to hire and train dealers for the table games they wish to offer and purchase the equipment necessary to conduct the table games.
The Board will experience increased regulatory demands resulting from the implementation of table games. The most significant increases will be the hiring of additional casino compliance agents to oversee the operation of the table games at the licensed facilities and increased number of license and occupation permit applications that will have to be processed by the Bureau of Licensing.
Fiscal Impact
Commonwealth
The Board expects that it will experience increased costs related to adding additional staff at the licensed facilities and at its offices to handle the increased licensing and oversight requirements that will result from the introduction of table games. Because the Board is just starting to receive petitions from slot machine licensees seeking permission to conduct table games, the extent of these additional costs are not known. However, the Board does not expect these increased costs to exceed the additional funding provided to the Board under Act 1.
Political Subdivisions
This rulemaking will have no direct fiscal impact on political subdivisions of this Commonwealth. Eventually, host municipalities and counties will benefit from the local share funding that is mandated by Act 1.
Private Sector
This rulemaking will result in additional costs for slot machine licensees who elect to become certificate holders. More specifically, certificate holders will be required to meet the requirements contained in these regulations, to purchase equipment to conduct table games and to hire and train employees to operate table games. While these costs are expected to be significant, they will be offset by the revenues generated from the table games.
General Public
This rulemaking will have no direct fiscal impact on the general public.
Paperwork requirements
This rulemaking will require certificate holders to file Rules Submissions for each table game they elect to offer. These filings may take the form of standardized checklists for each game and should be relatively simple to fill out. Certificate holders will also be required to maintain information related to dealer training in the individual employees' personnel files.
Effective Date
This temporary rulemaking will become effective upon final-form publication in the Pennsylvania Bulletin.
Public Comments
While this rulemaking will be effective upon publication, the Board is seeking comments from the public and affected parties as to how these temporary regulations might be improved. Interested persons are invited to submit written comments, suggestions or objections regarding this temporary rulemaking within 30 days after the date of publication in the Pennsylvania Bulletin to Richard Sandusky, Director of Regulatory Review, Pennsylvania Gaming Control Board, P. O. Box 69060, Harrisburg, PA 17106-9060, Attention: Public Comment on Regulation #125-112.
Contact Person
The contact person for questions about this rulemaking is Richard Sandusky, Director of Regulatory Review at (717) 214-8111.
Regulatory Review
Under 4 Pa.C.S. § 1303A, the Board is authorized to adopt temporary regulations which are not subject to the provisions of: sections 201—205 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201—1208), referred to as the Commonwealth Documents Law; the Regulatory Review Act (71 P. S. §§ 745.1—745.12); and sections 204(b) and 301(10) of the Commonwealth Attorneys Act (71 P. S. §§ 732-204(b) and 732-301(10)). These temporary regulations shall expire 2 years after publication in the Pennsylvania Bulletin.
Findings
The Board finds that:
(1) Under 4 Pa.C.S. § 1303A, the temporary regulations are exempt from the requirements of the Regulatory Review Act, sections 201—205 of the Commonwealth Documents Law and sections 204(b) and 301(10) of the Commonwealth Attorney Act.
(2) The adoption of the temporary regulations 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:
(1) The regulations of the Board, 58 Pa. Code Chapters 521, 527, 553, 555, 557, 559, 561, 563 and 565, are amended by amending § 521.1 and adding §§ 521.4 and 521.5, 527.1—527.5, 553.1—553.20, 555.1—555.14, 557.1—557.13, 559.1—559.15, 561.1—561.14, 563.1—563.13 and 565.1—565.13 to read as set forth in Annex A.
(2) The temporary regulations are effective March 6, 2010.
(3) The temporary regulations shall be posted on the Board's web site and published in the Pennsylvania Bulletin.
(4) The temporary regulations shall be subject to amendment as deemed necessary by the Board.
(5) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
GREGORY C. FAJT,
ChairpersonFiscal Note: 125-112. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART VII. GAMING CONTROL BOARD
Subpart K. TABLE GAMES
CHAPTER 521. GENERAL PROVISIONS § 521.1. Definitions.
The following words and terms, when used in this subpart, have the following meanings, unless the context clearly indicates otherwise:
Ante—The wager that a player may be required to make prior to any cards being dealt to participate in the round of play.
Cover card—An opaque card that is a solid color readily distinguishable from the color of the backs and edges of the playing cards.
Dealer—An employee of a certificate holder whose primary function is to directly operate and conduct table games.
Floorperson—An employee of a certificate holder whose primary function is to supervise the conduct of table games at multiple tables on the gaming floor.
Plaque—A rectangular, square or oval marker that can be used to lieu of gaming chips.
Suit—One of the four categories of cards: clubs, diamonds, hearts or spades.
Stub—The remaining portion of a deck or decks after all cards in the round of play have been dealt.
Table inventory container—The area of a gaming table where a boxman or dealer keeps gaming chips, coins or plaques used for this operation of a table game.
Washing—Mixing of a deck or decks of cards or tiles by placing the cards or tiles face down on a table and mixing them around with both hands so that they are in no particular order.
Vigorish—A percentage commission that is taken by a certificate holder from a wager placed by a player or the winnings of a player.
§ 521.4. Request to offer a new table game or new feature for an existing table game.
A certificate holder that desires to offer a new table game that is not in this subpart or offer a new wager or feature as part of a table game included in this subpart, shall file a written request with the Board's Executive Director. The request, at a minimum, must contain:
(1) A detailed description of the table game or feature including the rules of play and wagering that would be used for the new table game or feature.
(2) The reason why the new table game or feature is being proposed.
(3) A list of other gaming jurisdictions where the new table game or feature is currently being offered.
§ 521.5. Waiver of existing table game regulations.
A certificate holder that desires to conduct a table game, in a manner that is inconsistent with the Board's regulations, shall file a petition in accordance with § 493a.4 (relating to petitions generally) seeking approval of the Board. The petition, at a minimum, must contain:
(1) A detailed description of the modification to the table game.
(2) The reason why the modification to the table game is being requested.
(3) A list of other gaming jurisdictions where the modification to the table game is currently being used.
CHAPTER 527. MINIMUM TRAINING STANDARDS Sec.
527.1. Minimum training standards for dealers. 527.2. Minimum proficiency requirements. 527.3. Employee training by certificate holders. 527.4. Submission of training programs to the Board. 527.5. Table test; employee personnel file. § 527.1. Minimum training standards for dealers.
When filing an application to obtain an occupational permit under § 435a.3 (relating to occupation permit) to work as a dealer in any of the table games authorized in this subpart, the applicant shall provide proof of at least one of the following:
(1) Satisfactory completion of a course of curriculum related to the dealing of table games within the last 5 years which meets the minimum proficiency requirements of § 527.2 (relating to minimum proficiency requirements) at a gaming school, as defined in section 1103 of the act (relating to definitions), or an equivalent curriculum at a gaming school approved by another jurisdiction's state educational authority or gaming regulatory body, to provide training related to the dealing of table games.
(2) Satisfactory completion of a training program offered by a certificate holder which includes a curriculum related to the dealing of table games which meets the minimum proficiency requirements in § 527.2.
(3) At least 6 months of employment as a dealer within the last 5 years in another gaming jurisdiction.
§ 527.2. Minimum proficiency requirements.
A curriculum related to the conduct of table games offered by a gaming school or by a certificate holder, must, at a minimum, include:
(1) The following minimum hours of instruction on the conduct of table games in accordance with the regulations in Subpart K (relating to table games):
Table Game
Minimum Hours
of Instruction
Blackjack and other banked card games 120 hours over a 6 week period Craps 160 hours over a 6 week period Baccarat and Mini-Baccarat 80 hours over a 4 week period Poker 80 hours over a 4 week period Roulette 80 hours over a 4 week period Pai Gow Tiles 160 hours over a 6 week period Pai Gow Poker 80 hours over a 4 week period (2) The proper use, control and shuffling of playing cards for authorized games that involve the use of cards.
(3) The proper use and control of dice for authorized games that involve the use of dice.
(4) The proper use and control of tiles for authorized games that involve the use of tiles.
§ 527.3. Employee training by certificate holders.
A certificate holder shall develop a training program for its dealers which, at a minimum, includes training in each of the following:
(1) Procedures for opening and closing tables for gaming, including the proper security procedures regarding table chip inventories.
(2) Procedures for distributing gaming chips or plaques to and removing gaming chips and plaques from gaming tables.
(3) Procedures for accepting cash at gaming tables.
(4) Procedures for the acceptance of tips and gratuities from patrons.
(5) Procedures for shift changes at gaming tables.
(6) Procedures for the proper placement of wagers by patrons and the proper collection of losing wagers and payment of winning wagers.
(7) Training in recognizing problem and compulsive gamblers at table games and procedures for informing supervisory personnel.
(8) Training in cardio pulmonary resuscitation (CPR).
§ 527.4. Submission of training programs to the Board.
A certificate holder shall submit a detailed summary of its curriculum developed in accordance with § 527.2 (relating to minimum proficiency requirements) and its employee training program developed in accordance with § 527.3 (relating to employee training by certificate holders) to the Board to demonstrate the adequacy of the training in accordance with section 1323A of the act (relating to training of employees and potential employees).
§ 527.5. Table test; employee personnel file.
(a) Prior to conducting any table game on the certificate holder's gaming floor, a prospective dealer shall pass a table test on the table games that the dealer will be conducting. The table test must consist of the dealer demonstrating proficiency at the table game to the satisfaction of an employee of the certificate holder at the level of pit boss or higher.
(b) A certificate holder shall document the following in a dealer's personnel file:
(1) Completion of the minimum training or experience required under § 527.1 (relating to minimum training standards for dealers).
(2) Completion of the training program required under § 527.3 (relating to employee training by certificate holders).
(3) Successful completion of the table test required under subsection (a).
CHAPTER 553. POKER Sec.
553.1. Definitions. 553.2. Poker table physical characteristics. 553.3. Cards; number of decks. 553.4. Poker rankings. 553.5. Opening the table for gaming. 553.6. Shuffle and cut of the cards. 553.7. Poker overview; general dealing procedures for all types of Poker. 553.8. Wagers. 553.9. Types of permissible Poker games. 553.10. Seven-card Stud Poker; procedures for dealing of cards; completion of each round of play. 553.11. Hold'em Poker; procedures for dealing of cards; completion of each round of play. 553.12. Omaha Poker; procedures for dealing of cards; completion of each round of play. 553.13. Five-card Draw Poker; procedures for dealing of cards; completion of each round of play. 553.14. Five-card Stud Poker; procedures for dealing of cards; completion of each round of play. 553.15. Poker revenue. 553.16. General operating rules for all types of Poker; handling of irregularities. 553.17. Conduct of players. 553.18. Minimum and maximum wagers. 553.19. Announcement of available games and seats. 553.20. Bad Beat payouts; posting of rules; contributions; counting and displaying of payout amount; procedures for implementation. § 553.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
All-in—A player who has no funds remaining on the Poker table to continue betting in a round of play but who still retains the right to contend for that portion of the pot in which the player has already placed a bet.
Bad Beat—One or more predesignated high value Poker hands which, when held by a player as a losing hand in a round of play, shall result in a Bad Beat payout if the certificate holder has elected to offer a Bad Beat payout at that Poker table.
Bad Beat payout—One or more awards that are payable to a player in accordance with the procedures in § 553.20 (relating to Bad Beat payouts; posting of rules; contributions; counting and displaying of payout amount; procedures for implementation) upon the occurrence of a Bad Beat.
Bet—An action by which a player places gaming chips or gaming plaques into the pot on any betting round.
Betting round—A complete wagering cycle in a hand of Poker after all players have called, folded or gone All-in.
Blind Bet—A mandatory wager in Hold'em or Omaha Poker games which only players sitting in specific betting positions at the Poker table shall be required to place prior to any cards being dealt.
Burn card—A card taken from the top of a deck which is discarded face down, which is not in play and the identity of which remains unknown.
Button—An object which is moved clockwise around the table to determine the betting and dealing sequence.
Call—A wager made in an amount equal to the immediately preceding wager.
Check—A player who waives the right to initiate the betting in a betting round but retains the right to place a bet if another player initiates the betting.
Common card—A card which is dealt, in any game of Stud Poker, face upward if there are insufficient cards left in the deck to deal each player a card individually and which can be used by all players at the showdown.
Community card—A card which is dealt face upward and which can be used by all players to form their best hand.
Draw—In any game of Draw Poker, an exchange by a player of cards held in his hand, after the initial round of betting, for an equal number of new cards from the deck.
Fold—The withdrawal of a player from a round of play by refusing to equal a wager during a betting round and discarding his hand of cards.
Forced Bet—A wager which is required to start the wagering on the first betting round in Seven-card or Five-card Stud Poker.
Fouled hand—A hand that either has an improper number of cards or has come into contact with other cards in such a way as to render it impossible to determine accurately which cards are contained in the hand.
Half-kill option—In the game of Omaha High-low-hand Split Eight or Better Poker, when one player wins an entire qualifying pot, the betting limits are increased by one-half the posted table wagering limits for the next hand and remain in effect until a pot is split between one player winning the high hand and another player winning the low-hand or until a pot does not equal or exceed the qualifying pot.
High—A game of Poker in which the highest ranking hand in accordance with § 553.3 (relating to cards; number of decks) wins the pot.
High-low-hand split—A form of Poker in which there is a winner for both the highest and lowest ranking hands.
High-low-hand Split Eight or Better—A version of High-low-hand Split Poker in which a winning low-hand must contain no pairs or any card ranked above an 8.
Hole card—Any card dealt to a player face down.
Kill option—In the game of Omaha High-low-hand Split Eight or Better Poker, when one player wins an entire qualifying pot, the betting limits are twice the posted table wagering limits for the next hand and remain in effect until a pot is split between one player winning the high hand and another player winning the low-hand or until a pot does not equal or exceed the qualifying pot.
Low-hand—A game of Poker in which the lowest ranking hand in accordance with § 553.3 wins the pot.
Opening bet—The first bet in a round of play.
Pot—The amount which is awarded to the winning player or players at the conclusion of a round of play and is equal to the total amount anted or bet by the players during the round of play, less any rake extracted under § 553.15 (relating to Poker revenue) and, if applicable, any amount contributed to a Bad Beat payout fund in accordance with § 553.20.
Protected hand—A hand of cards which the player is physically holding or has placed under one or more gaming chips.
Qualifying pot—In the game of Omaha High-low-hand Split Eight or Better Poker, a pot which equals or exceeds an amount established by the certificate holder which triggers the increase in the minimum and maximum wagers when the Kill or Half-kill options are used.
Raise—A bet in an amount greater than the immediately preceding bet in that betting round.
Rake—The amount of gaming chips, gaming plaques or currency collected by the dealer as Poker revenue in accordance with § 553.15.
Round of play—For any game of Poker, the cycle of play during which cards are dealt, bets are placed and the winner of the pot is determined and paid in accordance with the rules of this chapter.
Showdown—The action of revealing the hands of each player in order to determine who shall win the pot.
Side pot—A separate pot formed when one or more players are All-in.
Table stakes—A player's currency, gaming chips and gaming plaques on the table that are available to place a wager during a round of play.
Up-card—In a game of Stud Poker, any card dealt to a player face up.
§ 553.2. Poker table physical characteristics.
(a) Poker shall be played on a table which is oval in shape and which has places for up to ten players and a dealer. The design of each Poker table authorized under this chapter shall be approved by the Bureau of Gaming Operations. Each Poker table shall be designed and constructed to contain any feature the Bureau of Gaming Operations may require to maintain the integrity of the game.
(b) The layout for a Poker table shall be approved by the Bureau of Gaming Operations and contain, at a minimum:
(1) The name or logo of the certificate holder offering the game.
(2) A designated holding area located to the right of the dealer for the collection of the rake prior to final placement of the rake in the drop box.
(c) Each Poker table must have a designated area, in a location approved by the Bureau of Gaming Operations, for the placement of at least one deck of cards. This area may be part of the table inventory container.
(d) Each Poker table must have a drop box and a tip box attached to it on the same side of the gaming table as, but on opposite sides of, the dealer, in locations approved by the Bureau of Gaming Operations.
(e) If a certificate holder offers a Bad Beat payout at a designated Poker table, a transparent locked box or container shall be attached to the table on the same side as the drop box and shall be used to hold the pot contributions that fund the Bad Beat payout.
§ 553.3. Cards; number of decks.
(a) Poker shall be played with one deck of cards with backs of the same color and design and one additional cover card. Two decks of cards shall be maintained for use at each Poker table at all times. Each deck maintained at the Poker table must have backs that are different colors. While one deck is in use, the other deck shall be stored in a designated area approved under § 553.2(c) (relating to poker table physical characteristics), unless an automated card shuffling device is being used.
(b) Each deck of cards maintained at the Poker table shall be rotated in and out of play. All decks opened for use on a Poker table shall be changed at least every 6 hours.
(c) Each gaming day, decks of cards with distinguishable card backings shall be distributed among all open Poker tables in the manner contained in the certificate holder's internal controls.
(d) If an automated card shuffling device is being used:
(1) One deck shall be shuffled by the automated card shuffling device while the other deck is being dealt or used to play the game.
(2) Both decks shall be continuously alternated in and out of play, with each deck being used for every other round of play.
§ 553.4. Poker rankings.
(a) The rank of the cards used in all types of Poker other than Low-hand Poker, for the determination of winning hands, in order of highest to lowest rank, shall be: ace, king, queen, jack, 10, nine, eight, seven, six, five, four, three and two. All suits shall be considered equal in rank. Notwithstanding the foregoing, an ace may be used to complete a straight flush or a straight formed with a two, three, four and five.
(b) The permissible High Poker hands in Poker games that result in a full five-card hand, in order of highest to lowest rank, shall be:
(1) A royal flush, which is a hand consisting of an ace, king, queen, jack and 10 of the same suit.
(2) A straight flush, which is a hand consisting of five cards of the same suit in consecutive ranking, with king, queen, jack, 10 and nine being the highest ranking straight flush and ace, two, three, four and five being the lowest ranking straight flush.
(3) A four-of-a-kind, which is a hand containing four cards of the same rank regardless of suit, with four aces being the highest ranking four-of-a-kind and four twos being the lowest ranking four-of-a-kind.
(4) A full house, which is a hand consisting of a three-of-a-kind and a pair, with three aces and two kings being the highest ranking full house and three twos and two threes being the lowest ranking full house.
(5) A flush, which is a hand consisting of five cards of the same suit.
(6) A straight, which is a hand consisting of five cards of consecutive rank, regardless of suit, with an ace, king, queen, jack and 10 being the highest ranking straight and an ace, two, three, four and five being the lowest ranking straight; provided, however, that an ace may not be combined with any other sequence of cards for purposes of determining a winning hand (for example, queen, king, ace, two, three).
(7) A three-of-a-kind, which is a hand containing three cards of the same rank, regardless of suit, with three aces being the highest ranking three-of-a-kind and three twos being the lowest ranking three-of-a-kind.
(8) Two pairs, which is a hand containing two pairs, with two aces and two kings being the highest ranking two pairs and two threes and two twos being the lowest ranking two pairs.
(9) One pair, which is a hand containing two cards of the same rank, regardless of suit, with two aces being the highest ranking pair and two twos being the lowest ranking pair.
(c) The rank of the cards used in Low-hand Poker, for the determination of winning hands, in order of highest to lowest rank, shall be: ace, two, three, four, five, six, seven, eight, nine, 10, jack, queen and king. All suits shall be considered equal in rank.
(d) The ranking of a Low-hand Poker hand, as determined by the holding of a five-card hand, shall be the inverse of the rankings for a High Poker hand as set forth in subsection (b); provided, however, that straights and flushes will not be considered for purposes of determining a winning hand at Low-hand Poker.
(e) When comparing two hands which are of identical Poker hand rank under subsection (b) or (d), or which contain none of the Poker hands authorized for that game, the hand which contains the highest ranking card as provided in subsection (a) or (c), whichever is applicable, which is not contained in the other hand shall be considered the higher ranking hand. If the hands are of identical rank after the application of this subsection, the hands will be considered tied and the pot shall be divided equally among the players with the tied hands.
(f) In all games of Poker, a hand shall be ranked according to the cards actually contained therein and not by the player's opinion or statement of its value.
§ 553.5. Opening the table for gaming.
(a) After receiving two decks of cards at the table, the dealer shall inspect the cards for any defects.
(b) Following the inspection of the cards by the dealer and the verification by a floorperson or higher, the cards shall be spread out face up on the table for visual inspection by the first two players to be seated at the table. The cards shall be spread out according to suit and in sequence.
(c) Immediately prior to the commencement of play and after a minimum of two players are afforded an opportunity to visually inspect the cards from each deck at the table, each deck shall be separately turned face down on the table, mixed thoroughly by a washing of the cards and stacked. Each deck of cards shall then be shuffled in accordance with § 553.6 (relating to the shuffle and cut of the cards).
(d) If an automated card shuffling device is not being used, one of the decks shall be cut in accordance with § 553.6 and the other deck shall be placed in the area designated under § 553.2(c) (relating to poker table physical characteristics). In the alternative, a certificate holder may wash, shuffle and cut only the deck intended for immediate use and place the other deck in the area designated under § 553.2(c). Upon rotation of the decks of cards as required under § 553.3 (relating to cards; number of decks), the other deck shall be washed, shuffled and cut in accordance with the requirements in this section.
(e) If an automated card shuffling device is being used, one of the decks shall be cut in accordance with § 553.6 and the other deck shall be placed or left in the automated shuffler for the next round of play.
§ 553.6. Shuffle and cut of the cards.
(a) Immediately prior to commencement of play, unless the cards were preshuffled, and after the completion of each round of play, the dealer shall shuffle the entire deck of cards, either manually or by use of an automated card shuffling device, so that they are randomly intermixed. Upon completion of the shuffle, the dealer or device shall place the deck of cards in a single stack.
(b) After the cards have been shuffled, stacked, and placed on the table in front of the dealer, the dealer shall, using one hand, cut the deck by:
(1) Placing the cover card on the table in front of the deck of cards.
(2) Taking a stack of at least 10 cards from the top of the deck and placing them on top of the cover card.
(3) Placing the cards remaining in the deck on top of the stack of cards that were cut and placed on the cover card.
(c) After the cards have been cut and before any cards have been dealt, a floorperson or above may require the cards to be recut if he determines that the cut was performed improperly or in any way that might affect the integrity or fairness of the game.
(d) If there is no gaming activity at the Poker table, each deck of cards at the table shall be spread out on the table face up. After the first two players who arrive at the table are afforded an opportunity to visually inspect both of the decks, the procedures required under § 553.5(c) (relating to opening the table for gaming) shall be completed.
§ 553.7. Poker overview; general dealing procedures for all types of Poker.
(a) Poker shall be conducted in a separate and distinct area designated specifically for the operation of Poker as approved by the Board or the Board's Executive Director.
(b) Poker shall be played by a minimum of two players and up to a maximum of ten players. Poker shall be dealt by a dealer at a Poker table. For all types of permissible Poker games set forth in this chapter, the dealer may not participate in the playing or outcome of the game in any way except as otherwise authorized in this chapter.
(c) A player shall wager on the cards that the player holds in his hand. All bets by a player shall be placed by the dealer in the designated area of the table known as the pot. A player may be required to Ante or place a Blind Bet prior to the receipt of any cards. After each round of cards is dealt, a betting round shall be conducted. Each player shall decide whether to continue contending for the pot by calling or raising the bet of the other players.
(d) The object of Poker shall be for a player to win the pot either by making a bet that no other player elects to call, or depending on the type of Poker being played, having the highest ranking high Poker hand, the highest ranking low Poker hand or both the highest ranking high and low Poker hands in accordance with § 553.4 (relating to Poker rankings). If two or more players are still in contention for a pot after all cards have been dealt and the final betting round has been completed, there shall be a showdown among the players still in contention to determine which player has the winning hand.
(e) The following procedures shall be utilized by the dealer when dealing the game of Poker:
(1) The dealer shall choose the hand in which he will hold the cards. Once the dealer has chosen a hand, the dealer must use that hand whenever holding the cards. The cards held by the dealer shall, at all times, be held in front of the dealer, as level as possible and over the Poker table. If during a round of play, the deck must be set down to handle a transaction, the dealer shall place a marker button on top of the deck until the transaction has been completed.
(2) The dealer shall verbalize or physically indicate the action which is occurring at the Poker table with regard to the conduct of the game and instruct each player as to the player's various turns to act and options.
(3) All burn cards required by this chapter shall be kept separate from the pile of discarded cards.
(4) The dealer shall be required to either:
(i) Count the entire deck of cards at least once every five rounds to determine that 52 cards are present; provided, however, that the dealer may count the stub in the games of Hold 'Em Poker and Omaha Poker.
(ii) Utilize an automated card shuffling device approved by the Bureau of Gaming Operations that has the capability of counting the cards in a deck as it shuffles them.
(5) If a count reveals an incorrect number of cards, the deck shall be removed from the table.
(6) At the completion of a round of play, the dealer shall award the pot to the winning player or players after a showdown or to the last remaining player if all other players have folded. Prior to pushing the pot to the winner and collecting the winning hand, the dealer shall:
(i) Collect the cards from all losing players. The losing hands shall be counted by the dealer to determine that the proper number of cards have been returned.
(ii) Award all side pots.
(iii) Collect the rake in accordance with § 553.15 (relating to Poker revenue).
(iv) Collect, if applicable, any amount required to be contributed to a Bad Beat payout fund in accordance with § 553.20 (relating to Bad Beat payouts; posting of rules; contributions; counting and displaying of payout amount; procedures for implementation).
§ 553.8. Wagers.
(a) Only players who are seated at the Poker table may be permitted to receive cards and participate in each betting round.
(b) A player may only participate in the wagering during a round of play with the table stakes which were already on the Poker table in front of the player when the round of play commenced.
(1) A player may only add to his table stakes between rounds of play and, except as provided in paragraph (5), may not remove any of his table stakes from the Poker table at any time during a round of play.
(2) Currency which is available for use by a player in accordance with the requirements of this section may be utilized to initiate, call or raise a bet if the currency is expeditiously converted into gaming chips or gaming plaques by the dealer.
(3) To participate in a round of play, a player shall be required to have an amount of gaming chips, gaming plaques or currency available on the Poker table prior to the start of the round of play which is sufficient to make any Ante, Blind or Forced bet required by the Poker game being played and at least one bet at the posted table minimum.
(4) A player who satisfies the requirements of paragraph (3) but who depletes his funds on the Poker table prior to the completion of a round of play shall be deemed to be All-in.
(i) An All-in player shall retain financial interest in the outcome of the round of play, but shall only be eligible to win the amount of the pot to which he contributed.
(ii) An All-in player shall continue to receive any cards to which he would normally be entitled.
(iii) Betting shall continue unimpeded among the other players by generating a separate side pot which only those players shall be eligible to win.
(5) Whenever a player indicates an intent to temporarily leave a Poker table during a round of play without relinquishing his seat at the table, a floorperson or higher shall do one of the following:
(i) Determine the amount of the player's table stakes prior to the player's departure from the table and verify that the amount of the player's table stakes have not been changed upon the player's return to the table.
(ii) Maintain the player's table stakes on the table surface using a nontransparent cover until the player's return.
(c) A verbal statement of ''fold,'' ''check,'' ''call,'' ''raise,'' or an announcement of a specific size wager by a player, that is within the rules of the Poker game being played and the minimum and maximum wager limits for the Poker table, shall be binding on the player if it is the player's turn to act.
(d) A player who announces a bet or raise of a certain amount but places a different amount of gaming chips or gaming plaques in the pot shall be required to correct his bet or raise to the announced amount in accordance with the instructions of the dealer.
(e) A player shall be considered to have placed a bet if the player:
(1) Pushes gaming chips or gaming plaques forward to indicate the intent of placing a bet.
(2) Places gaming chips or gaming plaques at a sufficient distance from the player and towards the pot to make it obvious that the gaming chips or plaques are intended as a bet.
(3) Places currency into the pot to be exchanged for chips under subsection (b)(2).
(f) A player may not be permitted to make a bet and thereafter attempt to increase the amount of the bet unless:
(1) The player indicates at the time the bet is being made that the bet is not yet complete.
(2) When a player who puts the proper amount of gaming chips or gaming plaques into the pot to call a bet, the player indicates his intention to also raise.
(g) Subject to the posted table wagering limits, a player who announces ''raise'' may continue to bet gaming chips or gaming plaques until both of his hands come to rest in front of the pot.
(h) It shall be the dealer's responsibility to ensure that no player touches any of the gaming chips or gaming plaques once the gaming chips or gaming plaques are placed into the pot.
(i) Unless a raise has been verbally announced by a player, the player who puts a single gaming chip into the pot that is larger than required, is assumed to have only called the preceding bet and to be awaiting change from the dealer.
(j) Unless specifically posted to the contrary, a player shall be permitted to raise after the player has previously checked in a betting round.
§ 553.9. Types of permissible Poker games.
(a) A certificate holder may offer the following types of Poker games:
(1) Seven-card Stud (High, High-low-hand Split and High-low-hand Split Eight or Better).
(2) Hold 'em (High).
(3) Omaha (High, High-low-hand Split Eight or Better).
(4) Five-card Draw (high and low-hand).
(5) Five-card Stud (high).
(6) Other Poker games approved by the Board.
(b) A certificate holder may not offer or permit the playing of any Poker game which is not authorized by this chapter or approved under § 521.3 (relating to table games surveillance requirements).
§ 553.10. Seven-card Stud Poker; procedures for dealing of cards; completion of each round of play.
(a) A certificate holder that offers the games of Seven-card Stud High, Seven-card Stud High-low-hand Split or Seven-card Stud High-low-hand Split Eight or Better Poker shall be required to observe the procedures in this section.
(b) A Seven-card Stud Poker table shall be restricted to a maximum of eight players. Each player who elects to participate in a round of play may be required to place an Ante. The rule governing the placement of an Ante and the amount of the Ante, if any, shall be specified in the certificate holder's Rules Submission under § 521.2 (relating to table games Rules Submissions) and posted on a sign at each Poker table.
(c) Starting with the first player to the left of the dealer and continuing in a clockwise rotation around the Poker table, the dealer shall deal two rounds of cards face down and one round of cards face up to each player.
(d) Once each player has received three cards in accordance with subsection (c), the first betting round shall commence by requiring one player to place a Forced Bet. The amount of the Forced Bet shall be specified in the certificate holder's Rules Submission under § 521.2 and posted at the Poker table. The player required to place the Forced Bet shall be determined by comparing the up-card of each player. For the purposes of this subsection only, in the event that two or more up-cards are of the same rank, the up-cards shall then be ranked by suit, with the highest to lowest ranked suits in the following order: spades, hearts, diamonds, clubs. The Forced Bet shall be made by:
(1) For Seven-card Stud High Poker, the player with the lowest ranked up-card.
(2) For Seven-card Stud High-low-hand Split Poker, the player with the highest ranked up-card. In this game, to determine the highest ranked up-card, an ace shall be considered ranked below a two.
(3) For Seven-card Stud High-low-hand Split Eight or Better Poker, the player with the lowest ranked up-card. In this game, to determine the lowest ranked up-card, an ace shall be considered the highest ranking card.
(e) Following the placement of the Forced Bet required by subsection (d), each subsequent player, proceeding in a clockwise rotation from the player who placed the Forced Bet, may fold, call or raise the bet. After the last player has responded to the most recent bet, the betting round shall be considered complete.
(f) Upon completion of the first betting round, the dealer shall burn the top card of the deck and then, starting with the first remaining player to his left, deal a fourth card face up to each player who made or called the last wager. The next betting round shall commence as follows:
(1) The player with the highest ranking Poker hand showing shall be required to bet or check.
(2) If the highest ranking Poker hand showing is held by two or more players, the player closest to the left of the dealer shall be required to bet or check.
(g) Following the initial bet or check required by subsection (f), each subsequent player, proceeding in a clockwise rotation, may fold, call, raise or, if the preceding players have not made a bet, check. Once a bet has been made, the next player in a clockwise rotation may fold, call or raise. After the last player has responded to the most recent bet, the betting round shall be considered complete.
(h) The dealer shall then deal two additional rounds of cards face up and one round of cards face down to each player who made or called the last wager. Prior to each round of cards being dealt, the dealer shall burn the top card of the deck. Notwithstanding the foregoing, if insufficient cards remain in the deck to give each remaining player either a sixth or seventh card, the top card of the deck shall be burned and a common card shall be dealt face up in the center of the table. If there is either one or no card remaining in the deck when a common card is to be dealt, the dealer shall shuffle the burn cards, burn a card and then deal the common card. The dealing of each round of cards or, if applicable, each common card pursuant to this subsection shall be followed by a betting round conducted in accordance with subsections (f) and (g).
(i) If more than one player remains in the round of play after the final betting round has been completed, a showdown shall be used to determine the winner of the pot. Each player remaining in the game shall form a five-card Poker hand from the seven cards which the player was dealt. This five-card hand shall constitute the Poker hand of that player at the showdown. The winner of the pot shall be:
(1) In Seven-card Stud High Poker, the player with the highest ranking five-card high hand.
(2) In Seven-card Stud High-low-hand Split Poker or Seven-card Stud High-low-hand Split Eight or Better Poker, the player with the highest ranking five-card high hand and the player with the highest ranking five-card low-hand Poker hand, subject to the provisions of subsection (j), who shall divide the pot equally.
(i) If a pot cannot be divided equally, the excess amount, which may not exceed $1, shall be given to the player with the highest ranking high hand.
(ii) If a tie exists between two or more players for the highest ranking high hand, the high hand share of the pot shall be divided equally among the tied players. If the high hand share of the pot cannot be divided equally among the tied players, the excess, which may not exceed $1, shall be given to the player with the highest ranking high Poker card by suit.
(iii) If a tie exists between two or more players for the highest ranking low-hand, the low-hand share of the pot shall be divided equally among the tied players. If the low-hand share of the pot cannot be divided equally among the tied players, the excess, which may not exceed $1, shall be given to the player with the lowest ranking low-hand Poker card by suit.
(iv) For purposes of this subsection, the cards shall be ranked by suit with the highest to lowest ranked suit in order as follow: spades, hearts, diamonds and clubs.
(j) In Seven-card Stud High-low-hand Split Eight or Better Poker, a winning low-hand may not contain a pair, a three-of-a-kind or a four-of-a-kind or a nine, 10, jack, queen or king. This defines the qualifying clause known as ''eight or better.'' In the event that none of the hands of the remaining players satisfies this requirement, the entire pot shall be awarded to the player with the highest ranking high hand.
(k) In Seven-card Stud High-low-hand Split Poker and Seven-card Stud High-low-hand Split Eight or Better Poker, the player may form two different hands of five cards each out of the player's seven available cards, enabling that player to contend for both the high hand and low-hand share of the pot. A player may use the same five-card grouping to make a high-hand Poker hand and a low-hand Poker hand. For example:
(1) A hand consisting of a two, three, four, five and six would qualify as a straight for purposes of the high hand and as a high ranking low-hand.
(2) A hand consisting of five cards of the same suit, none higher than an eight, would qualify as a flush for purposes of the high hand and as a high ranking low-hand.
(l) In Seven-card Stud High-low-hand Split Poker and Seven-card Stud High-low-hand Split Eight or Better Poker; an ace may be used concurrently as a low-hand card to make up a low-hand and as a high card to make up a high hand.
§ 553.11. Hold'em Poker; procedures for dealing of cards; completion of each round of play.
(a) A certificate holder that offers the game of Hold'em Poker shall be required to observe the procedures in this section. Hold'em Poker shall be played to determine a winning high hand only.
(b) A Hold'em Poker table shall be restricted to a maximum of ten players. Each player who elects to participate in a round of play may be required to place an Ante. The rule governing the placement of an Ante and the amount of the Ante, if any, shall be specified in the certificate holder's Rules Submission under § 521.2 (relating to table games Rules Submissions) and posted on a sign at each Poker table.
(c) The order in which the cards shall be dealt and the order in which players shall be required or have the option to bet shall be determined as follows:
(1) A button shall be used to indicate the order in which the cards shall be dealt and the order in which players shall be required or have the option to bet.
(2) At the commencement of play, the button shall be placed in front of either:
(i) The first player to the right of the dealer.
(ii) The player randomly determined by rank of a single card dealt.
(3) Thereafter, the button shall rotate around the table in a clockwise manner after each round of play.
(d) The player to the immediate left of the button shall be required to initiate the first betting round before any cards are dealt by placing a Blind Bet. A certificate holder may require additional Blind Bets to be made immediately subsequent to the initial Blind Bet. The amount and number of all Blind Bets required by the certificate holder shall be specified in the certificate holder's Rules Submission under § 521.2 and posted on a sign at the table.
(e) Starting with the player to the immediate left of the button and continuing in a clockwise rotation around the Poker table, the dealer shall deal two rounds of cards face down to each player, with the player with the button being the last player to receive a card each time.
(f) Following the dealing of the two cards in subsection (e), each player, starting with the player to the left of the player or players who were required to place a Blind Bet shall in turn, in a clockwise rotation around the Poker table, either fold, call or raise the bet. The option to raise shall also apply to a player who made a Blind Bet. After the last player has responded to the most recent bet, the betting round shall be considered complete.
(g) The dealer shall then burn the top card of the deck and proceed to deal three community cards face up in the center of the table. The next betting round shall commence with the option to bet or check belonging to the first player to the left of the button who has not folded. Each subsequent player may, in clockwise rotation, fold, call, raise the bet or, if preceding players have not made a bet, make an opening bet or check. The betting round shall be considered complete when each player has either folded or called in response to the most recent bet.
(h) Upon completion of the betting round required by subsection (g), the dealer shall again burn the top card of the deck and then deal a fourth community card face up in the center of the table. The next betting round shall be commenced and completed in accordance with the requirements of subsection (g).
(i) Upon completion of the betting round required under subsection (h), the dealer shall again burn the top card of the deck and then deal a fifth and final community card face up in the center of the table. The final betting round shall be commenced and completed in accordance with the requirements of subsection (g).
(j) If more than one player remains in the round of play after the final betting round has been completed, a showdown shall be used to determine the winner of the pot. Each player remaining in the game shall form his highest ranking five-card high Poker hand by using, in any combination, his own two cards and the five community cards available on the table. The winner of the pot shall be the player with the highest ranking five-card high Poker hand. If the highest ranking five-card high Poker hand that each of the remaining players can form is comprised of the five community cards, all players remaining in the round of play shall share equally in the pot.
§ 553.12. Omaha Poker; procedures for dealing of cards; completion of each round of play.
(a) A certificate holder that offers the game of Omaha High or Omaha High-low-hand Split Eight or Better Poker shall be required to observe the procedures in this section.
(b) An Omaha Poker table shall be restricted to a maximum of ten players. Each player who elects to participate in a round of play may be required to place an Ante. The rule governing the placement of an Ante and the amount of the Ante, if any, and the Kill or Half-kill option, if offered, shall be specified in the certificate holder's Rules Submission under § 521.2 (relating to table games Rules Submissions) and posted on a sign at each Poker table.
(c) The order in which the cards shall be dealt and the order in which players shall be required or have the option to bet shall be determined as follows:
(1) A button shall be used to indicate the order in which the cards shall be dealt and the order in which players shall be required or have the option to bet.
(2) At the commencement of play, the button shall be placed in front of either:
(i) The first player to the right of the dealer.
(ii) The player randomly determined by rank of a single card dealt.
(3) Thereafter, the button shall rotate around the table in a clockwise manner after each round of play.
(d) The player to the immediate left of the button shall be required to initiate the first betting round before any cards are dealt by placing a Blind Bet. A certificate holder may require additional Blind Bets to be made immediately subsequent to the initial Blind Bet. The amount and number of all Blind Bets required by the certificate holder shall be specified in the certificate holder's Rules Submission under § 521.2 and posted on a sign at the table.
(e) Starting with the player to the immediate left of the button and continuing in a clockwise rotation around the Poker table, the dealer shall deal four rounds of cards face down to each player with the player with the button being the last player to receive a card each time.
(f) Following the dealing of the four cards in subsection (e), each player, starting with the player to the left of the player or players who were required to place a Blind Bet shall in turn, in a clockwise rotation around the Poker table, either fold, call or raise the bet. The option to raise shall also apply to a player who made a Blind Bet. After the last player has responded to the most recent bet, the betting round shall be considered complete.
(g) Upon completion of the betting round required under subsection (f), the dealer shall then burn the top card of the deck and proceed to deal three community cards face up in the center of the table. The next betting round shall commence with the option to bet or check belonging to the first player to the left of the button who has not folded. Each subsequent player may, in clockwise rotation, fold, call, raise the bet or, if preceding players have not made a bet, make an opening bet or check. The betting round shall be considered complete when each player has either folded or called in response to the most recent bet.
(h) Upon completion of the betting round required under subsection (g), the dealer shall again burn the top card of the deck and then deal a fourth community card face up in the center of the table. The next betting round shall be commenced and completed in accordance with the requirements of subsection (g).
(i) Upon completion of the betting round required under subsection (h), the dealer shall again burn the top card of the deck and then deal a fifth and final community card face up in the center of the table. The final betting round shall be commenced and completed in accordance with the requirements of subsection (g).
(j) If more than one player remains in the round of play after the final betting round has been completed, a showdown shall be used to determine the winner of the pot. Each player remaining in the game shall form a five-card Poker hand by using two of the four cards dealt to the player and three of the five community cards. This five-card hand shall constitute the Poker hand of the player at the showdown. The winner of the pot shall be:
(1) In Omaha High Poker, the player with the highest ranking five-card high Poker hand.
(2) In Omaha High-low-hand Split Eight or Better Poker, the player with the highest ranking five-card high Poker hand and the player with the highest ranking five-card low-hand Poker hand, subject to subsection (k), who shall divide the pot equally.
(i) If a pot cannot be divided equally, the excess amount, which may not exceed $1, shall be given to the player with the highest ranking high hand.
(ii) If a tie exists between two or more players for the highest ranking high hand, the high hand share of the pot shall be divided equally among the tied players. If the high hand share of the pot cannot be divided equally among the tied players, the excess, which may not exceed $1, shall be given to the player with the highest ranking high Poker card by suit.
(iii) If a tie exists between two or more players for the highest ranking low-hand, the low-hand share of the pot shall be divided equally among the tied players. If the low-hand share of the pot cannot be divided equally among the tied players, the excess, which may not exceed $1, shall be given to the player with the lowest ranking low-hand Poker card by suit.
(iv) For purposes of this subsection, the cards shall be ranked by suit with the highest to lowest rank suit in order as follows: spades, hearts, diamonds and clubs.
(k) In Omaha High-low-hand Split Eight or Better Poker, the winning low-hand may not contain a pair, a three-of-a-kind or a four-of-a-kind or a nine, 10, jack, queen or king. In the event that none of the hands of the remaining players satisfies this requirement, the entire pot shall be awarded to the player with the highest ranking high Poker hand.
(l) The following rules only apply in Omaha High-low-hand Split Eight or Better Poker:
(1) A player may form two different hands of five cards each, enabling that player to contend for both the high hand and low-hand share of the pot. Each hand must consist of any three of the community cards and any two of four cards dealt to the player.
(2) A player may use the same five-card grouping to make a high hand and a low-hand.
(3) An ace may be used concurrently as a low-hand card to satisfy a low-hand and as a high card to satisfy a high hand.
(m) In Omaha High-low-hand Split Eight or Better Poker, the certificate holder may use either the Half-kill or Kill option. If the certificate holder elects to use either option, the certificate holder shall indicate which option is being used in the certificate holder's Rules Submission under § 521.2 and shall post which option is being used and the minimum value of a qualifying pot on a sign at each Omaha Poker table.
§ 553.13. Five-card Draw Poker; procedures for dealing of cards; completion of each round of play.
(a) A certificate holder that offers the games of Five-card Draw High or Five-card Draw Low-hand Poker shall be required to observe the procedures in this section.
(b) A Five-card Draw Poker table shall be restricted to a maximum of eight players. Each player who elects to participate in a round of play may be required to place an Ante. The rule governing the placement of an Ante and the amount of the Ante, if any, shall be specified in the certificate holder's Rules Submission under § 521.2 (relating to table games Rules Submissions) and posted on a sign at each Poker table.
(c) The order in which the cards shall be dealt and the order in which players shall be required or have the option to bet shall be determined as follows:
(1) A button shall be used to indicate the order in which the cards shall be dealt and the order in which players shall be required or have the option to bet.
(2) At the commencement of play, the button shall be placed in front of either:
(i) The first player to the right of the dealer.
(ii) The player randomly determined by rank of a single card dealt.
(3) Thereafter, the button shall rotate around the table in a clockwise manner after each round of play.
(d) Starting with the player to the immediate left of the button and continuing in a clockwise rotation around the Poker table, the dealer shall deal five rounds of cards face down to each player with the player with the button being the last player to receive a card each time.
(e) After each player has been dealt five cards face down, the player to the immediate left of the button shall be required to initiate the first betting round by placing a Blind Bet. A certificate holder may require additional Blind Bets to be made immediately subsequent to the initial Blind Bet. The amount and number of all Blind Bets required by the certificate holder shall be specified in the certificate holder's Rules Submission under § 521.2 and posted on a sign at the table.
(f) Following the placement of the required Blind Bets, each player, starting with the player to the left of the player or players who were required to place a Blind Bet shall in turn, in a clockwise rotation around the Poker table, either fold, call or raise the bet. The option to raise shall also apply to a player who made a Blind Bet. After the last player has responded to the most recent bet, the betting round shall be considered complete.
(g) After completion of the initial betting round, each player remaining in the round of play, starting with the player to the immediate left of the button and continuing in a clockwise rotation around the Poker table, shall have an opportunity to draw new cards. This process shall be accomplished one player at a time. Each player may keep his original hand or discard as many cards as he chooses. Each discarded card shall be replaced by the dealer with a new card dealt from the deck as follows:
(1) Prior to the first player receiving any new cards, the dealer shall burn the top card of the deck.
(2) If insufficient cards remain in the deck for each player remaining in the round of play to draw new cards, the discard pile shall be reshuffled and used for this purpose; provided, however, that the cards to be discarded by a player who has not yet requested new cards shall not be included as part of the reshuffled cards.
(h) The final betting round shall then commence with the option to bet or check belonging to the first player to the left of the button who has not folded. Each subsequent player may, in clockwise rotation, fold, call, raise the bet or, if preceding players have not made a bet, make an opening bet or check. The final betting round shall be considered complete when the last player has responded to the most recent bet.
(i) If more than one player remains in the round of play after the final betting round has been completed, a showdown shall be used to determine the winner of the pot. The winner of the pot shall be:
(1) In Five-card High Poker, the player with the highest ranking five-card high hand.
(2) In Five-card Low-hand Poker, the player with the highest ranking five-card low-hand.
§ 553.14. Five-card Stud Poker; procedures for dealing of cards; completion of each round of play.
(a) A certificate holder that offers the game of Five-card Stud Poker shall be required to observe the procedures in this section. Five-card Stud Poker shall be played to determine a winning high hand only.
(b) A Five-card Stud Poker table shall be restricted to a maximum of eight players. Each player who elects to participate in a round of play may be required to place an Ante. The rule governing the placement of an Ante and the amount of the Ante, if any, shall be specified in the certificate holder's Rules Submission under § 521.2 (relating to table games Rules Submissions) and posted on a sign at each Five-card Stud Poker table.
(c) Starting with the first player to the left of the dealer and continuing in a clockwise rotation around the Poker table, the dealer shall deal one round of cards face down and one round of cards face up to each player.
(d) Once each player has received two cards in accordance with subsection (c), the first betting round shall commence by comparing the up-card of each player. The player with the lowest ranked up-card shall be required to make a Forced Bet. For the purposes of this subsection, in the event that two or more up-cards are of the same rank, the up-cards shall then be ranked by suit, with the highest to lowest ranked suits in order as follow: spades, hearts, diamonds, clubs. The rule governing the placement of the Forced Bet and the amount of the Forced Bet shall be specified in the certificate holder's Rules Submission under § 521.2 and posted on a sign at each Five-card Stud Poker table.
(e) Following the Forced Bet, each subsequent player may, proceeding in a clockwise rotation from the player who placed the Forced Bet, fold, call or raise the bet. After the last player has responded to the most recent bet, the betting round shall be considered complete.
(f) Upon completion of the first betting round, the dealer shall burn the top card of the deck and then deal another round of cards face up to each player who made or called the last wager. The next betting round shall be commenced by the player with the highest ranking high Poker hand showing. If two or more hands are of equal rank, the player closest to the left of the dealer shall be required to bet. The player who is required to place the first bet, may fold, check or raise the bet. After the last player has responded to the most recent bet, the betting round shall be considered complete.
(g) The dealer shall then deal two additional rounds of cards face up to each player who made or called the last wager, with each round followed by a betting round conducted in accordance with the provisions of subsection (f). Prior to each round of cards being dealt, the dealer shall burn the top card of the deck.
(h) If more than one player remains in the round of play after the final betting round has been completed, a showdown shall be used to determine the winner of the pot. The winner of the pot shall be the player with the highest ranking five-card high Poker hand.
§ 553.15. Poker revenue.
(a) A certificate holder shall derive its Poker revenue at all Poker tables by extracting a rake. Each certificate holder shall submit as part of its Rules Submission under § 521.2 (relating to table games Rules Submissions):
(1) The types of rake utilized.
(2) The methodology used for calculating the rake.
(3) The amount of maximum permissible rake.
(b) A certificate holder may use one or more of the following procedures in determining and extracting the rake:
(1) A percentage rake, not to exceed 10% which:
(i) Shall be calculated and extracted from the pot and any side pots after the conclusion of a betting round and placed into the designated rake area required under § 553.2(b)(2) (relating to poker table physical characteristics) as play progresses.
(ii) Shall be calculated and extracted from the pot and any side pots upon completion of a round of play and immediately placed by the dealer into the drop box.
(2) A rake which shall be taken in incremental amounts, as certain predetermined dollar levels have been achieved which:
(i) Upon collection shall be placed into the designated rake area required under § 553.2(b)(2).
(ii) Upon completion of a round of play, shall be immediately placed by the dealer into the drop box.
(3) A rake based on time charges which:
(i) May be imposed on a per-player basis or on a per-table basis. If taken on a per-player basis, inactive players seated at the table shall also be assessed.
(ii) Shall be expressed as an hourly fee based on the minimum and maximum wagering limits at a game.
(iii) May be assessed fractionally every 20 or 30 minutes as determined by the certificate holder.
(iv) Once assessed, shall be placed by the dealer into the designated rake area required under § 553.2.
(v) Upon verification by a floorperson or above of the time charges collected, shall be immediately placed by the dealer into the drop box.
(c) A sign describing the type and amount of rake to be collected under subsection (b) shall be posted at each Poker table.
(d) An uncalled final bet may not be considered part of the pot for purposes of calculating the amount of rake under subsection (b)(1) and (2).
(e) Once the dealer has extracted the rake, and the pot and any side pots have been collected by the winning player or players, no additional rake may be taken by the certificate holder.
§ 553.16. General operating rules for all types of Poker; handling of irregularities.
(a) It shall be the responsibility of each player to ensure that the player's hand has lost to the other hands at the table before discarding the hand.
(b) In all disputes in which a ruling, interpretation, clarification or intervention is required, the decision of the Poker shift supervisor shall be final.
(c) Each player shall be required to keep all cards dealt to the player in full view of the dealer at all times. The dealer shall ensure compliance with this requirement.
(d) At the showdown, a winning hand must be clearly displayed in its entirety and properly identified. The player initiating the final wager shall be the first player to show his hand at the showdown; all other players who have not folded shall then reveal their hands in a clockwise rotation. Any player holding a losing hand may concede his rights to the pot and discard the hand without revealing the player's cards unless the certificate holder, in its Rules Submission under § 521.2 (relating to table games Rules Submissions), requires the disclosure of all discarded hands.
(e) Misdeals shall cause all the cards to be returned to the dealer for a reshuffle. The following errors shall be cause for a misdeal:
(1) Failure to shuffle and cut the cards in accordance with § 553.6 (relating to shuffle and cut of the cards).
(2) Dealing to an incorrect starting position if the error has been detected prior to two players voluntarily placing wagers into the pot.
(3) If more than one card is found face-up in the deck.
(4) Failure to deal to an eligible seated player, if the error has been detected prior to two or more players voluntarily placing wagers into the pot.
(f) If one or more cards are mistakenly dealt to an ineligible player, the cards dealt to that player shall be discarded and the round of play shall continue.
(g) If at any time during a round of play, missing cards are discovered or additional cards are found, the round of play shall be voided, all gaming chips and gaming plaques in the pot shall be returned to the appropriate player and the deck shall be replaced.
(h) A card found face upwards in the deck shall not be used in the game and shall be placed with the pile of discarded cards.
(i) A player who fails to take reasonable means to protect his hand shall have no redress if his hand becomes a fouled hand or the dealer accidentally collects the hand.
(1) Hole cards in a game of Stud Poker shall be considered protected for purposes of fouling a hand.
(2) If a protected hand comes into contact with discarded cards, every effort shall be made to reconstruct the hand and complete the round of play.
(3) A player who has a protected hand collected by the dealer or fouled by discarded cards shall be entitled to a refund from the pot of all monies that the player put in the pot if the player has been a victim of and not a contributor to the error.
(4) A player who leaves the table without comment and has an unprotected hand shall be assumed to have no interest in the pot, and his cards shall be collected and discarded.
(j) Verbal statements which are clearly audible by and directed to the dealer shall always have precedence over actions and gestures and are considered binding on the player whose turn it is to act.
(1) A player shall be deemed to have folded if, when faced with making or calling a wager, the player:
(i) Discards his hand face-down towards the pile of discarded cards or the pot.
(ii) Turns face-down his up-cards in a game of Stud Poker.
(2) If a player is obligated to place a wager as a Blind Bet, Forced Bet or by virtue of a verbal statement, throwing away his cards does not relieve the player of that obligation.
(k) In Seven-card Stud, if a player's first or second hole card is accidentally turned face-up in the dealing process, the third card shall be dealt face-down. If both hole cards are accidentally turned face-up, the dealer shall collect the two cards, call the player's hand void and return the player's Ante, if applicable. If a player's third hole card is accidentally turned face-up in the dealing process, the player shall be afforded the option to either:
(1) End his obligation to make additional wagers and contend only for that part of the pot formed prior to any additional wagering.
(2) Continue to contend for the entire pot.
(l) In Five-card Stud, if a player's hole card is accidentally turned face-up in the dealing process, the second card shall be dealt face-down.
(m) If a card is accidentally dealt off the table, it may not be used in that round of play and shall be placed with the pile of discarded cards after a thorough examination by the dealer.
(n) In the games of Hold'em and Omaha, if any of the cards that are required to be dealt face down to a player are accidentally dealt face up, the dealer shall exchange the exposed card with a card from the top of the deck and place the exposed card face down with the pile of discarded cards.
(o) If an automated card shuffling device is being used and the device jams, stops shuffling during a shuffle, or fails to complete a shuffle cycle, the cards shall be reshuffled.
(p) Any automated card shuffling device shall be removed from a gaming table before another method of shuffling may be utilized at that table.
(q) A certificate holder may clarify and supplement the procedures related to irregularities in this section in the certificate holder's Rules Submission under § 521.2.
§ 553.17. Conduct of players.
(a) Each player in a Poker game shall play the game solely to improve the player's chance of winning and shall take no action to improve another player's chance of winning. A player may not communicate any information to another player which could assist the other player in any manner respecting the outcome of a Poker game.
(b) A certificate holder which has reasonable cause to believe that a player has acted or is acting in violation of subsection (a) may require the player to leave the game and shall notify a casino compliance representative as expeditiously as possible.
§ 553.18. Minimum and maximum wagers.
Each certificate holder shall post a sign stating the minimum and maximum wagers in effect at each Poker table, except that, if all patrons at a Poker table agree to increase the minimum wager at the table, the minimum wager posted at the table need not be followed. The certificate holder's Rules Submission under § 521.2 (relating to table games Rules Submissions) must include provisions specifying the maximum amount that the minimum wager can be increased and how the dealer will determine that all of the patrons have agreed to the increased minimum wager amount. The certificate holder's Rules Submission under § 521.2 and the sign required by this section must also include any restrictions with regard to the maximum number of raises that may be permitted for any round of betting.
§ 553.19. Announcement of available games and seats.
A certificate holder may announce, in the areas where Poker tables are located, the particular types of available Poker games, the minimum/maximum wagers that are being offered and the availability of any vacant seats at particular Poker tables.
§ 553.20. Bad Beat payouts; posting of rules; contributions; counting and displaying of payout amount; procedures for implementation.
(a) A certificate holder may include in the certificate holder's Rules Submission under § 521.2 (relating to table games Rules Submissions) provisions for a payout for one or more Bad Beat Poker hands. A Bad Beat payout shall be made from a separate fund created from pot contributions required at tables where a Bad Beat payout is offered and shall be paid in accordance with the procedures established under this section.
(b) A certificate holder shall post, at each Poker table that offers a Bad Beat payout, a notice advising patrons of eligibility for the Bad Beat payout. In addition to displaying the current amount of the Bad Beat payout, a certificate holder that offers a Bad Beat payout shall post its Bad Beat payout rules in a conspicuous location within its Poker room which, at a minimum, must address:
(1) The maximum amount that can be contributed from each pot and the method of calculation for any contributed amount.
(2) The minimum pot amount required for a contribution to a Bad Beat payout.
(3) Qualifying Bad Beat requirements and payouts.
(c) A certificate holder shall extract from each pot at a Poker table designated for participation in a Bad Beat payout a prescribed contribution to the Bad Beat payout, which amount shall be collected in accordance with the certificate holder's Bad Beat payout rules specified in the certificate holder's Rules Submission under § 521.2. Prior to distributing the pot to a winning patron and after the dealer has extracted the rake, the amount from each pot to be contributed to a Bad Beat payout shall be determined, segregated from the pot, and deposited into the Bad Beat payout box. Notwithstanding the foregoing and subject to subsection (i), a certificate holder may, upon amending its Bad Beat payout rules, terminate collection of Bad Beat contributions at any time.
(d) At least once each gaming day and upon notice to a casino compliance representative, a certificate holder shall count the accumulated contents of each Bad Beat payout box and the contents shall be transferred to the cashiers' cage or a satellite cage. The counting shall occur at a closed Poker table, the cashiers' cage or a satellite cage in accordance with Board approved internal controls.
(1) If the counting of the contents of a Bad Beat payout box occurs at a closed Poker table, the counting shall be performed by a Poker dealer in the presence of a floorperson or higher, and it shall be recorded by the surveillance department. Documentation of the count shall be prepared and signed by both the dealer and the floorperson or higher. The contents of the Bad Beat payout box shall then be placed in a locked container along with documentation of the count and transported to the cashiers' cage or satellite cage by a security department employee.
(2) If the counting of the contents of a Bad Beat payout box occurs in the cashiers' cage or a satellite cage, a floorperson or above shall account for all locked Bad Beat payout boxes transported from the Poker tables to the cage. A security department employee shall transport the Bad Beat boxes to the cashiers' cage or satellite cage for counting by cage cashiers.
(e) Once each Bad Beat payout box or a container containing the contents of the Bad Beat payout boxes is delivered to the cashiers' cage or satellite cage, a cashier shall count the contents of each box or, if the contents of the boxes were previously counted by Poker room personnel and combined in a locked container for transport, verify the aggregate count. The official record of the amount of daily contributions to the Bad Beat payouts shall be maintained by the finance department.
(f) Each Bad Beat Poker hand shall be verified by the Poker shift supervisor prior to awarding the Bad Beat payout. Upon verification, the Poker shift supervisor shall:
(1) Post a sign or otherwise provide visible notice that the applicable Bad Beat payout display amount is pending adjustment due to a Bad Beat payout.
(2) Notify a representative from the security department or finance department to deliver to the Poker table the applicable amount of the Bad Beat payout.
(g) The finance department shall prepare a Bad Beat payout distribution in cash, a recognized cash equivalent or gaming chips in accordance with the certificate holder's Board approved internal controls. Notwithstanding subsection (f)(2), a certificate holder may elect to pay a Bad Beat payout at the cashiers' cage.
(h) No less than once a day and immediately upon notification of a Bad Beat verification by the Poker shift supervisor, a finance department representative shall:
(1) In the presence of a floorperson or above, adjust each Bad Beat payout amount displayed in the Poker area to reflect the current Bad Beat payout amount.
(2) Verify that the amount of any Bad Beat payout maintained by the finance department corresponds to the amount being displayed to patrons.
(i) No Bad Beat payout may be offered at a Poker table until a certificate holder has submitted to the Board and the Board has approved procedures for discontinuing any Bad Beat payout. The procedures must address the method by which pot contributions shall be terminated or for transferring Bad Beat payout amounts to other Bad Beat payouts, or both, to ensure that all payout amounts are paid to Poker patrons.
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