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PA Bulletin, Doc. No. 10-869

RULES AND REGULATIONS

PENNSYLVANIA GAMING CONTROL BOARD

[ 58 PA. CODE CH. 524 ]

Electronic Gaming Tables

[40 Pa.B. 2544]
[Saturday, May 15, 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) and (2) (relating to regulatory authority), adopts temporary regulations in Chapter 524 (relating to electronic gaming tables) 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 Subpart K (relating to table games).

Purpose of the Temporary Rulemaking

 This temporary rulemaking contains standards and requirements for electronic wagering systems, electronic gaming tables, fully automated electronic gaming tables and progressive table game systems.

Explanation of Chapter 524

 Section 524.1 (relating to definitions) provides definitions of the following terms: ''electronic gaming table;'' ''electronic wagering system;'' ''fully automated electronic gaming table;'' ''game account;'' and ''progressive table game system.'' These definitions mirror the definitions of these terms from the act or reflect commonly used definitions used in the gaming industry.

 Section 542.2 (relating to electronic wagering systems) sets forth the requirements that must be met by any electronic wagering system. An electronic wagering system allows players to place wagers electronically on some form of display and will add winnings or deduct losses automatically. This section specifies the minimum requirements for these systems and requires that they be approved by the Bureau of Gaming Laboratory Operations.

 Section 524.3 (relating to procedures for buying in to and cashing out of a table game using an electronic wagering system) provides the procedures whereby a player may ''buy in to'' a table game, which is how the player may purchase credits that can be used to play the game, and the procedures for ''cashing out'' of the game, which is how the player will receive any funds remaining in his gaming account when he is ready to leave the game.

 Section 524.4 (relating to electronic gaming tables) contains the requirements that electronic gaming tables must meet. An electronic gaming table uses an electronic wagering system, but still requires a dealer or boxman to conduct the game. These requirements included: technical requirements the tables must meet; the meters the table must have; and the requirement that the tables be approved by the Bureau of Gaming Laboratory Operations.

 Section 524.5 (relating to fully automated electronic gaming tables) contains the requirements that fully automated electronic gaming tables must meet. The difference between an electronic gaming table and a fully automated electronic gaming table is that a fully automated electronic gaming table operates without a dealer, boxperson or any other certificate holder employee. This section is structured in the same manner as § 524.4 and contains: the technical requirements these tables must meet; the meters these tables must have; and the requirement that these tables be approved by the Bureau of Gaming Laboratory Operations.

 Section 524.6 (relating to integrated live Roulette wheels used on fully automated electronic gaming tables) contains the specific statistical requirements that the Roulette wheels used on fully automated electronic gaming tables must meet related to the randomness of the resulting spins and the actions that are to occur if the roulette wheel does not satisfy the statistical test.

 Section 524.7 (relating to progressive table game systems): sets forth meter requirements for progressive table game systems; requires approval of progressive jackpots being offered and testing by the Bureau of Gaming Laboratory Operations; and limits the circumstances under which a progressive jackpot can be turned back to a lesser amount. These provisions are similar to the provisions in Chapter 461a (relating to slot machine testing and control) governing progressive jackpots offered on slot machines.

Affected Parties

 Slot machine licensees who elect to become certificate holders and who decide to install electronic gaming tables or fully automated electronic gaming tables will be required to comply with the requirements in this chapter. Additionally, manufacturers of electronic gaming tables or fully automated gaming tables will be required to submit their tables to the Bureau of Gaming Laboratory Operations for testing and will have to meet the design requirements contained in this chapter.

 The Board will experience increased regulatory demands to review the tables submitted by manufacturers and to review the procedures and inspect the tables installed at licensed facilities.

Fiscal Impact

Commonwealth

 The Board expects that its Bureau of Gaming Laboratory Operations will experience increased costs related to the review of electronic and fully automated electronic gaming tables that manufacturers elect to offer for sale in Pennsylvania, but these costs will be recovered directly from these manufacturers.

 The Board also anticipates that additional demands will be placed on existing staff related to the inspection of these tables when they are installed in a licensed facility. However, because most certificate holders are not planning on using many of these tables when they initially open their table games operations, the Board does not expect it will need to hire additional personnel at this time to meet these demands.

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 certificate holders who elect to use electronic or fully automated electronic gaming tables because these tables are more expensive. However, these costs would be offset by reduced labor costs and increased speed of play.

 Manufacturers of electronic or fully automated electronic gaming tables will have to reimburse the Bureau of Gaming Laboratory Operations the costs incurred by the Bureau of Gaming Laboratory Operations to complete its technical review of these gaming tables, but it is anticipated that the manufacturers will recover these costs as part of the prices they charge for these tables.

General Public

 This rulemaking will have no direct fiscal impact on the general public.

Paperwork Requirements

 This rulemaking will require manufacturers to submit manuals and other technical information related to the particular electronic or fully automated electronic gaming tables that they submit to the Bureau of Gaming Laboratory Operations for approval.

Effective Date

 This temporary rulemaking will become effective upon 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 this temporary regulation 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 #125-118.

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), 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 Attorneys 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 Chapter 524, are amended by adding §§ 524.1—524.7 to read as set forth in Annex A.

 (2) The temporary regulations are effective May 15, 2010.

 (3) The temporary regulations will 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, 
Chairperson

Fiscal Note: 125-118. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART VII. GAMING CONTROL BOARD

Subpart K. TABLE GAMES

CHAPTER 524. ELECTRONIC GAMING TABLES

Sec.

524.1.Definitions.
524.2.Electronic wagering systems.
524.3.Procedures for buying in to and cashing out of a table game using an electronic wagering system.
524.4.Electronic gaming tables.
524.5.Fully automated electronic gaming tables.
524.6.Integrated live Roulette wheels used on fully automated electronic gaming tables.
524.7.Progressive table game systems.

§ 524.1. Definitions.

 The following words and terms, when used in this subpart, have the following meanings, unless the context clearly indicates otherwise:

Electronic gaming table

 (i) A gaming table approved by the Board that is a mechanical, electrical or computerized contrivance, terminal, machine or other device which, upon insertion or placement of cash or cash equivalents therein or thereon, or upon a wager or payment of any consideration whatsoever, is available for play or operation by one or more players as a table game.

 (ii) The term includes a gaming table where a wager or payment is made using an electronic or computerized wagering or payment system.

 (iii) The term does not include a slot machine.

Electronic wagering system—A computer or server and any related hardware, software or other devices that permits wagering to be conducted at a gaming table.

Fully automated electronic gaming table—An electronic gaming table determined by the Board to be playable or operable as a table game without the assistance or participation of a person acting on behalf of a certificate holder.

Game account—The funds that are available to a player for use at an electronic gaming table.

Progressive table game system—The collective hardware, software, communications technology and other ancillary equipment used to collect, monitor, interpret, analyze, report and audit data with regard to activity at fully automated electronic gaming tables, electronic gaming tables, or live table games offering a jackpot that increases corresponding to an additional wager on the table.

§ 524.2. Electronic wagering systems.

 (a) A certificate holder may conduct electronic wagering at a gaming table in accordance with this chapter. Electronic wagering at a gaming table shall be conducted through the use of an electronic wagering system. If an electronic wagering system is in use at a gaming table, wagers placed at that gaming table shall be made using the electronic wagering system.

 (b) An electronic wagering system shall be a dedicated computer system. The computer or server controlling the system shall be under dual key control, with one key controlled by the finance department and the other key controlled by the table games department.

 (c) All aspects of an electronic wagering system, including the computer or server and any related hardware, software or related devices shall be tested and approved by the Bureau of Gaming Laboratory Operations.

 (d) An electronic wagering system must:

 (1) Credit funds to the game account of a player when a player buys in to a game at a particular gaming table and debit any remaining funds from the game account when a player cashes out of the game.

 (2) Permit a player to wager from a game account, collect losing wagers from the game account and pay winning wagers by crediting the amount of the winnings and corresponding wager to the game account.

 (3) Debit game accounts and increment pots for wagers placed, and distribute winning pots by crediting the game accounts of the winning players in the appropriate amounts, in the game of Poker.

 (4) Extract the rake from players or pots according to the rake procedures established for the game and debit the game accounts of players in the appropriate amounts, in the game of Poker.

 (5) Depict the transactions described in paragraphs (1)—(4) through one or more electronic fund displays that are visible to each player and the dealer or boxperson.

 (6) Disclose to each player at all times the current balance in the player's game account.

 (7) Make each player's balance or table stakes visible to all players in the game, in the game of Poker.

 (8) Accurately report and audit the table game's win or loss or Poker revenue.

 (9) Generate reports setting forth, by gaming day, for each gaming table using the electronic wagering system:

 (i) The total amount deposited into the game account of each player.

 (ii) The total amount deposited into game accounts by all players.

 (iii) The total amount credited to the game account of each player in payment of winnings.

 (iv) The total amount credited to the game accounts of all players in payment of winnings.

 (v) The total amount collected from each player as losing wagers.

 (vi) The total amount collected from all players as losing wagers.

 (vii) For Poker, if applicable, the total amount deducted from the game account of each player for collection of Poker rake time charges.

 (viii) For Poker, if applicable, the total amount collected from the accounts of all players for collection of Poker rake time charges.

 (ix) For Poker, if applicable, the total amount collected from Poker pots for collection of Poker rake.

 (x) The total amount withdrawn from game accounts by each player.

 (xi) The total amount withdrawn from game accounts by all players.

 (xii) The table game win or loss or Poker revenue.

 (e) After installation, electronic wagering systems shall be inspected and approved by the Bureau of Gaming Laboratory Operations prior to use at any licensed facility in this Commonwealth.

§ 524.3. Procedures for buying in to and cashing out of a table game using an electronic wagering system.

 (a) A player shall buy in to a table game using an electronic wagering system as follows:

 (1) If the gaming table is equipped with a bill validator, a player shall buy in to the game by either:

 (i) Inserting currency or, if the table game is a fully automated electronic gaming table, a gaming voucher, into the bill validator, and the electronic wagering system shall credit an equivalent amount of funds into the game account of the player, which funds shall be displayed on the electronic fund display.

 (ii) If the table game is not a fully automated electronic gaming table, presenting currency or value chips to the dealer or boxperson.

 (2) If the gaming table is not equipped with a bill validator, a player shall buy in to the game by presenting currency or value chips to the dealer or boxperson.

 (3) When a player presents currency or value chips to a dealer or boxperson, the dealer or boxperson shall credit an equivalent amount of funds to the game account of the player, which shall be registered on the electronic fund display and acknowledged by the player.

 (b) A player shall cash out of a table game using an electronic wagering system as follows:

 (1) If the gaming table is a fully automated electronic gaming table, by receiving a gaming voucher equal in value to the balance in the game account of the player.

 (2) If the gaming table is not a fully automated electronic gaming table, by receiving value chips from the dealer or boxperson from the table inventory container equal in value to the balance in the game account of the player.

 (3) If the gaming table is not a fully automated electronic gaming table, after cashing out the player, the dealer or boxperson shall zero out the amount on the electronic fund display of the player.

§ 524.4. Electronic gaming tables.

 (a) An electronic gaming table must comply with § 524.3 (relating to electronic wagering systems).

 (b) An electronic gaming table system must contain a dedicated computer system. The computer or server controlling the system shall be under dual key control, with one key controlled by the finance department and the other key controlled by the table games department. All aspects of an electronic gaming table system, including the computer or server and related hardware, software or related devices shall be tested and approved by the Bureau of Gaming Laboratory Operations, for compliance with this section.

 (c) An electronic gaming table must have the capacity to allow the Bureau of Gaming Laboratory Operations to verify all relevant control software for authenticity.

 (d) A certificate holder using an electronic gaming table system shall include in its internal controls, at a minimum:

 (1) Procedures to ensure the physical security of the computer or server and any related hardware, software and other devices.

 (2) Procedures to ensure the integrity and security of all sensitive data and software.

 (3) Procedures to ensure that access to sensitive data and software is limited to appropriate personnel only.

 (4) Procedures to ensure the logging of the events and the availability of records to permit an effective audit of the conduct of the system and the reporting of revenue.

 (e) An electronic gaming table shall have the ability to authenticate the transmission of data between the various components of the electronic gaming table system.

 (f) An electronic gaming table system must display a signal clearly visible to the surveillance department whenever a door or cabinet at an electronic gaming table is open, whenever there is a malfunction in the operation of the electronic gaming table system, or any component thereof including whenever a printer or currency jam occurs.

 (g) An electronic gaming table that is not a fully automated electronic gaming table must be equipped with the following meters, where applicable:

 (1) Coin in. A meter that accumulates the total value of all wagers.

 (2) Coin out. A meter that accumulates the total value of all amounts directly paid by the electronic gaming table as a result of winning wagers. This meter may not record amounts awarded as the result of a progressive payout.

 (3) Attendant paid jackpots. A meter that accumulates the total value of credits paid by an attendant resulting from a single winning outcome, the amount of which is not capable of being paid by the electronic gaming table. This meter may not record amounts awarded as the result of a progressive payout.

 (4) Attendant paid cancelled credits. A meter that accumulates the total value of all amounts paid by an attendant resulting from a player initiated cash-out that exceeds the physical or configured capability of the electronic gaming table.

 (5) Bill in. A meter that accumulates the total value of currency accepted. The electronic gaming table must also have a specific meter for each denomination.

 (6) Electronic gaming table paid progressive payout. For electronic gaming tables offering a progressive payout, a meter that accumulates the total value of credits paid as a result of progressive awards paid directly by the electronic gaming table.

 (7) Attendant paid progressive payout. For electronic gaming tables offering a progressive payout, a meter that accumulates the total value of credits paid by an attendant as a result of progressive awards that are not capable of being paid by the electronic gaming table.

 (8) Additional meters. Other meters required by technical standards adopted by the Board and published in the Pennsylvania Bulletin and posted on the Board's web site.

§ 524.5. Fully automated electronic gaming tables.

 (a) A fully automated electronic gaming table must comply with the comprehensive protocol specifications required under section 1324 of the act (relating to protocol information) that are necessary to enable the fully automated electronic gaming table to communicate with the Department's central control computer system, for the purpose of transmitting auditing program information, real time information retrieval and fully automated table electronic game activation and disabling.

 (b) A fully automated electronic gaming table must have installed software or hardware that distinguishes the fully automated electronic gaming table from a slot machine as defined by the act.

 (c) A fully automated electronic gaming table must have the capability to accept currency or gaming vouchers, and to issue a gaming voucher to a player for any winnings.

 (d) A fully automated electronic gaming table must be equipped with the following meters, where applicable:

 (1) Coin in. A meter that accumulates the total value of all wagers.

 (2) Coin out. A meter that accumulates the total value of all amounts directly paid by the fully automated electronic gaming table as a result of winning wagers. This meter may not record amounts awarded as the result of a progressive payout.

 (3) Attendant paid jackpots. A meter that accumulates the total value of credits paid by an attendant resulting from a single winning outcome, the amount of which is not capable of being paid by the fully automated electronic gaming table. This meter may not record amounts awarded as the result of a progressive payout.

 (4) Attendant paid cancelled credits. A meter that accumulates the total value of all amounts paid by an attendant resulting from a player initiated cash-out that exceeds the physical or configured capability of the fully automated electronic gaming table.

 (5) Bill in. A meter that accumulates the total value of currency accepted. The fully automated electronic gaming table must also have a specific meter for each denomination.

 (6) Voucher in-cashable/value. A meter that accumulates the total value of cashable gaming vouchers accepted by the fully automated electronic gaming table.

 (7) Voucher in-cashable/count. A meter that accumulates the total number of cashable gaming vouchers accepted by the fully automated electronic gaming table.

 (8) Voucher out-cashable/value. A meter that accumulates the total value of cashable gaming vouchers issued by the fully automated electronic gaming table.

 (9) Voucher out-cashable/count. A meter that accumulates the total number of cashable gaming vouchers accepted by the fully automated electronic gaming table.

 (10) Fully automated electronic gaming table paid progressive payout. For fully automated electronic gaming tables offering a progressive payout, a meter that accumulates the total value of credits paid as a result of progressive awards paid directly by the fully automated electronic gaming table.

 (11) Attendant paid progressive payout. For fully automated electronic gaming tables offering a progressive payout, a meter that accumulates the total value of credits paid by an attendant as a result of progressive awards that are not capable of being paid by the fully automated electronic gaming table.

 (12) Additional meters. Other meters required by technical standards adopted by the Board and published in the Pennsylvania Bulletin and posted on the Board's web site.

§ 524.6. Integrated live Roulette wheels used on fully automated electronic gaming tables.

 (a) A fully automated electronic gaming table with an integrated live Roulette wheel must randomize the method by which the outcome is determined. This includes, but is not limited to, the speed at which the ball is ejected onto the wheel and the speed that the wheel rotates.

 (b) A fully automated electronic gaming table with an integrated live Roulette wheel must be capable of determining if the wheel meets a 95% confidence limit using a standard chi-squared test for goodness of fit. The calculation must be made based on the following criteria:

 (1) 10,000 outcomes have been generated.

 (2) A new calculation must be made for each 10,000 subsequent outcomes.

 (3) The calculation must consider only the most recent 10,000 outcomes.

 (c) A fully automated electronic gaming table with an integrated live Roulette wheel must be capable of displaying a visual notification, clearable by an attendant, if at any time the live Roulette wheel has failed the chi-squared test for goodness of fit under subsection (b).

 (d) A fully automated electronic gaming table with an integrated live Roulette wheel must be capable of disabling play in the event that the wheel has failed to meet the 95% confidence limit for goodness of fit test required under subsection (b) for two consecutive testing periods. Attendant interaction shall be required before enabling the table for play.

 (e) A fully automated electronic gaming table with an integrated live Roulette wheel must be capable of providing a report that shows the results of the last chi-squared test as well as the previous 9 chi-squared tests. The report must contain the following:

 (1) The time and date the test was performed.

 (2) The table ID or any comparable identifier.

 (3) The number of games used to perform the test.

 (4) The outcome of the test.

§ 524.7. Progressive table game systems.

 (a) Each progressive fully automated electronic gaming table, electronic gaming table or live table game must have:

 (1) A progressive meter visible from the front of the gaming table, which may increase in value based upon wagers, that advises the players of the amount which can be won if the player receives the corresponding outcome.

 (2) A meter that accumulates the total value of credits paid as a result of progressive awards paid directly by a fully automated electronic gaming table or electronic gaming table.

 (3) A meter that accumulates the total value of credits paid as a result of progressive awards paid directly by an attendant as a result of progressive awards that are not capable of being paid by a fully automated electronic gaming table or electronic gaming table.

 (4) A cumulative progressive payout meter that continuously and automatically records the total value of progressive jackpots paid directly by a fully automated electronic gaming table, electronic gaming table, or attendant.

 (5) A key and keyed switch to reset the progressive meter or meters or other reset mechanism.

 (b) A table game that offers a progressive jackpot may not be placed on the gaming floor until the certificate holder, or if applicable, the progressive system operator, has submitted to the Bureau of Gaming Laboratory Operations and the Bureau of Gaming Laboratory Operations has approved, the following:

 (1) The initial and reset amounts at which the progressive meter or meters will be set.

 (2) The proposed system for controlling the keys and applicable logical access controls to the table games.

 (3) The proposed rate of progression for each progressive jackpot.

 (4) The proposed limit for the progressive jackpot, if any.

 (c) A table game that offers either a new progressive jackpot or a modification of an existing progressive jackpot may not be made available for play by the public until the table game has been tested and certified by the Bureau of Gaming Laboratory Operations.

 (d) Progressive meters may not be turned back to a lesser amount unless one of the following occurs:

 (1) The amount indicated has been actually paid to a winning patron.

 (2) The progressive jackpot amount won by the patron has been recorded in accordance with a system of internal controls approved under § 465a.2 (relating to internal control systems and audit protocols).

 (3) The progressive jackpot has, upon Bureau of Gaming Laboratory Operations approval, been transferred to another progressive table game.

 (4) The change is necessitated by a table game or meter malfunction, in which case, a written explanation shall be sent to the Bureau of Gaming Laboratory Operations.

[Pa.B. Doc. No. 10-869. Filed for public inspection May 14, 2010, 9:00 a.m.]



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