RULES AND REGULATIONS
PENNSYLVANIA GAMING CONTROL BOARD
[ 58 PA. CODE CH. 525 ]
Table Game Internal Controls; Temporary Regulations
[40 Pa.B. 3116]
[Saturday, June 12, 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(2.1) and (4) and 1325A (relating to regulatory authority; and table game accounting controls and audit protocols), adopts temporary regulations in Chapter 525 (relating to table game internal controls) 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 adds additional sections to Chapter 525 regarding drop boxes and the conduct of the drop and count for table games.
Explanation of Chapter 525
Section 525.17 (relating to table game drop boxes), requires that each gaming table have an attached table game drop box. This section also contains the technical standards for drop boxes, labeling requirements for drop boxes and that one of the keys to open the drop box be maintained and controlled by the Board's casino compliance representatives.
Section 525.18 (relating to transport of table game drop boxes to and from gaming tables) contains the procedures that must be followed during the normal drop process. These procedures cover who is involved in the drop, who controls the keys required for the drop and the verification that all drop boxes that are supposed to be dropped have been dropped. This section also sets forth the requirements regarding the use and storage of emergency drop boxes which are used when a drop box must be exchanged outside of the normal drop process.
Section 525.19 (relating to procedures for opening, counting and recording the contents of table game drop boxes) sets forth the requirements and procedures that apply to the count process. This section specifies who may be present in the count room, the procedures for opening the drop boxes and counting and recording the contents of the drop boxes, the role of the Board's casino compliance representatives, the completion of the Daily Table Game Count Report and the process for transferring all cash, gaming vouchers, gaming chips, Poker rake chips and Counter Checks to the main bank.
Section 525.20 (relating to alternate procedures for collecting, distributing, opening, counting and recording the contents of nonbanking table game drop boxes) gives certificate holders the option of establishing separate procedures for the collection, distribution, opening, counting and recording the contents of table game drop boxes attached to Poker tables. This is because these drop boxes will only contain value chips and Poker rake chips, making the count procedures and related reporting requirements much simpler.
Affected Parties
Slot machine licensees who elect to become certificate holders will be required to modify and expand their existing internal controls to meet the additional requirements in this temporary rulemaking.
The Board will experience increased regulatory demands to review the new and revised internal controls regarding table games that are submitted by the certificate holders.
Fiscal Impact
Commonwealth
The Board will have to review each certificate holder's initial table games internal control submissions and any subsequent amendments thereto. These reviews will be conducted by existing Bureau of Gaming Operations staff so the Board does not project that it will incur any significant cost increases as a result of this temporary rulemaking.
Political subdivisions
This temporary rulemaking will not have 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 temporary rulemaking will result in additional costs for slot machine licensees who elect to become certificate holders. More specifically, certificate holders will be required to revise and expand the scope of their internal controls to cover table games operations. All of the internal control revisions required by this and other rulemakings related to internal controls could cost between $20,000 and $50,000 per certificate holder to prepare depending on the scope of the revisions and if the revisions are prepared internally or by outside consultants.
General public
This temporary rulemaking will have no direct fiscal impact on the general public.
Paperwork Requirements
This temporary rulemaking will require certificate holders to draft, and submit to the Board for its approval, revised internal controls.
Effective Date
This temporary rulemaking will become effective upon publication in the Pennsylvania Bulletin.
Public Comments
While this temporary 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 #125-121.
Contact Person
The contact person for questions about this temporary rulemaking is Richard Sandusky, Director of Regulatory Review, (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), known as the Commonwealth Documents Law (CDL), 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 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 CDL and sections 204(b) and 301(10) of the Commonwealth Attorney's 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 525, are amended by adding §§ 525.17—525.20 to read as set forth in Annex A.
(2) The temporary regulations are effective June 12, 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,
ChairpersonFiscal Note: 125-121. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART VII. GAMING CONTROL BOARD
Subpart K. TABLE GAMES
CHAPTER 525. TABLE GAME INTERNAL CONTROLS § 525.17. Table game drop boxes.
(a) Each gaming table in a licensed facility must have a secure tamper-resistant table game drop box attached to it, in which shall be deposited all cash exchanged at the gaming table for gaming chips and plaques, issuance copies of Counter Checks exchanged at the gaming table for gaming chips and plaques, copies of Fill Request Slips, Fill Slips, Credit Request Slips, and Credit Slips and Table Inventory Slips.
(b) Each table game drop box must have:
(1) Two separate locks securing the contents placed into the table game drop box, the keys to which must be different from each other.
(2) A separate lock securing the table game drop box to the gaming table, the key to which must be different from each of the keys to the locks securing the contents of the table game drop box.
(3) A slot opening through which currency, value chips for nonbanking games, and required forms and documents can be inserted into the table game drop box.
(4) A mechanical device that will automatically close and lock the slot opening upon removal of the table game drop box from the gaming table.
(5) Permanently imprinted or impressed thereon, and clearly visible, either:
(i) A number corresponding to a unique permanent number on the gaming table to which the table game drop box is attached and a letter or letters which indicate the type of game.
(ii) The word ''emergency.''
(6) In addition to the information required under paragraph (5)(i), each table game drop box may also be identified by a bar code label that is securely affixed to the table game drop box. Each bar code label affixed to a table game drop box must be:
(i) Encoded, at a minimum, with the information required under paragraph (5)(i).
(ii) Prepared in accordance with a certificate holder's approved internal controls.
(c) The key utilized to unlock the table game drop boxes from the gaming tables shall be maintained and controlled by the security department.
(d) The key to one of the locks securing the contents of a table game drop box shall be maintained and controlled by the finance department. The key to the second lock securing the contents of the table game drop box shall be maintained and controlled by the casino compliance representatives.
(e) Prior to using a table game drop box labeled ''Emergency,'' the certificate holder shall:
(1) Notify and obtain the verbal approval of the casino compliance representatives.
(2) Temporarily mark the emergency table game drop box with the number of the gaming table and a letter or letters which indicate the type of game.
§ 525.18. Transport of table game drop boxes to and from gaming tables.
(a) Each certificate holder shall be required to submit and obtain the approval of the Bureau of Casino Compliance of the plan for the distribution and collection of table game drop boxes which includes the separate distribution and collection of table game drop boxes from table games that are not fully automated electronic gaming tables and from table games that are fully automated electronic gaming tables. The plan must include the time the distribution and collection of the table game drop boxes will begin, the order in which the table game drop boxes will be distributed and collected and the route that will be used to transport the table game drop boxes between the gaming floor and the count room. A table game drop box may not be brought to or removed from any gaming table at a time other than the time specified in this subsection unless prior notice is provided to and verbal approval has been obtained from the casino compliance representatives.
(b) Certificate holders shall maintain and make available to the Board, upon request, a current list, with Board credential numbers, of all employees participating in the transportation of table game drop boxes.
(c) Drop boxes removed from gaming tables shall be transported directly to and secured in the count room by at least one security department employee and one finance department employee.
(d) Upon its removal from a gaming table, a table game drop box shall be immediately placed in an enclosed trolley which is secured by two separately keyed locks. The key to one lock shall be maintained and controlled by the security department. The key to the other lock shall be maintained and controlled by the finance department. Access to the keys shall be controlled, at a minimum, by a sign-in and sign-out procedure contained in the certificate holder's internal controls. The security department key shall be returned to its secure location immediately upon the completion of the collection and transportation of the drop boxes. The key controlled by the finance department shall be returned to its secure location after completion of the table game count.
(e) Prior to the movement of a trolley containing table game drop boxes from a table game pit, the count room supervisor shall verify that the number of drop boxes being removed from the pit equals the number of drop boxes that have been loaded on the trolley, and that the locks controlled by security and the finance departments have been locked.
(f) A table game drop box being replaced by an emergency drop box shall be transported, using a trolley, directly to and secured in the count room by at least one security department employee and one finance department employee.
(g) Table game drop boxes not attached to a gaming table, including emergency table game drop boxes, which are not in use shall be stored in the count room or other secure area specified in the certificate holder's internal controls. These table game drop boxes shall be stored in an enclosed cabinet or trolley and secured in the cabinet or trolley by a separately keyed, double locking system. The key to one lock shall be maintained and controlled by the security department and the key to the other lock shall be maintained and controlled by the finance department.
(h) Notwithstanding subsection (d), the security department may, immediately prior to the commencement of the table game drop and count process, issue the security department's key to the trolley to a count room supervisor for the purpose of gaining access to the table game drop boxes to be dropped and counted. A key transferred from the security department shall be returned immediately following the conclusion of the count of the table game drop boxes and the return of any table game drop boxes or emergency table game drop boxes to their respective storage cabinets or trolleys by the count room supervisor. The security department shall establish sign-in and sign-out procedures in its internal controls documenting this transfer and procedures governing the control of the key during any breaks taken by count room personnel.
(i) When a gaming table on the gaming floor is not in use, the table game drop box for that table must remain attached to the gaming table.
§ 525.19 Procedures for opening, counting and recording the contents of table game drop boxes.
(a) Table game drop boxes shall be removed from all gaming tables and counted and recorded, at a minimum, once each gaming day, regardless of whether or not the gaming table was open or closed during that gaming day. Table game drop boxes from table games that are not fully automated electronic gaming tables shall be counted and recorded separately from table game drop boxes from table games that are fully automated electronic gaming tables.
(b) The contents of the table game drop boxes from table games that are not fully automated electronic gaming tables shall be counted and recorded in the count room immediately following the drop in conformity with this section and a work flow diagram which shall be filed with the Bureau of Gaming Operations, the casino compliance representatives at the licensed facility and the certificate holder's surveillance department. Table game drop boxes from table games that are fully automated electronic gaming tables shall be counted and recorded in accordance with the certificate holder's internal control procedures for slot machines.
(c) The work flow diagram required under subsection (b) must indicate, at a minimum, the location of all equipment used in the counting (for example, baskets and bins) and the flow of all currency and paperwork from the start of the count to the conclusion of the count.
(d) Each certificate holder shall include in its internal control submission a description of all computer equipment used in the counting and recording process and all other systems, if any, which communicate with that computer equipment for purposes related to the counting of gross table game revenue. The submission must include, at a minimum:
(1) A detailed description of the design and use of the computer equipment and any software, screens, menus and reports related to the counting process.
(2) The names of all revenue files and who has access and what type of access they have to these files.
(3) Controls to prevent access to any count room information by anyone outside of the count room until the entire count process is concluded.
(e) The opening, counting and recording of the contents of table game drop boxes shall be performed in the presence of a casino compliance representative and the count room supervisor. If the casino compliance representative has to leave the count room during the count, the count will be suspended and all personnel in the count room shall vacate the count room until a casino compliance representative is available to observe the resumption of the count.
(f) The table game count shall be performed by the count team which consists of at least three employees which may include the count room supervisor.
(g) Employees who are in or who enter the count room when uncounted funds are present shall wear a full-length, one piece, pocketless jumpsuit with the exception of representatives of the Board, the Department, the Pennsylvania State Police, the security department and the internal audit department. Certificate holders shall include, in their internal controls, procedures:
(1) Governing the inspection of jumpsuits worn by the count team member to ensure that there are no items being taken from the count room without proper authority.
(2) Addressing the inspection of the jumpsuits to ensure that the jumpsuits have not been altered in any way as to conceal currency or other items.
(3) Prohibiting the jumpsuits used by the count team from being taken from the licensed facility.
(h) Persons present in the count room when uncounted funds are present may not:
(1) Carry a handbag or other container unless it is transparent.
(2) Remove their hands from or return them to a position on or above the count table or counting equipment unless the backs and palms of the hands are first held straight out and exposed to the view of other members of the count team and a surveillance camera.
(i) Except as otherwise provided in this section, access to the count room during the counting process shall be limited to those persons whose presence is necessary to complete the count. Count room employees may not, during the counting process, enter a storage area for table game drop boxes or other items that is part of the count room to perform any function that is not directly related to the counting process.
(j) Each certificate holder shall submit as part of its internal controls, procedures for scheduled breaks to be taken by the count team members during the table game count. This submission must also address the use of any rest room facilities that are located in the count room.
(k) Immediately prior to the commencement of the count, a count team member shall notify surveillance that the count is about to begin so that the surveillance department can record the count as required under § 465a.9(e)(4) (relating to surveillance system; surveillance department control; surveillance department restriction).
(l) All count team members and the casino compliance representative observing the count shall sign a Count Room Attendance Sheet. Any person who enters or leaves the count room due to an emergency shall sign, and record the time of entry or exit, on the Count Room Attendance Sheet; except that, if the person exiting the count room is unable to sign the document due to an emergency, the count room supervisor shall record the person's name and time of exit and a notation describing the emergency on the Count Room Attendance Sheet. At the conclusion of the count, a copy of the Count Room Attendance Sheet shall be given to the casino compliance representative observing the count.
(m) The casino compliance representative observing the count shall ensure that the Board key that unlocks the contents of the table game drop boxes is secured to the count table in a manner approved by the Bureau of Gaming Operations. If the casino compliance representative must leave the count room during the count, the casino compliance representative shall take the Board key that unlocks the contents of the table game drop boxes with him.
(n) Once the counting process has started, the doors to the count room shall only be opened for one of the following purposes:
(1) To allow the entire count team to take a scheduled work break.
(2) To allow for a change of casino compliance representatives.
(3) To allow a main bank cashier or cage supervisor to enter the count room to perform the responsibilities in subsection (y).
(4) In the event of an emergency.
(5) To allow the count team and the casino compliance representative to exit the room at the conclusion of the count.
(o) If any person enters or leaves the count room during the counting process, any employee remaining in the count room shall be required to display his hands and to step away from the count table, banking table and counting equipment until the person has entered or left the count room.
(p) The counting and recording process shall be discontinued whenever less than three count team members are present in the count room. When the entire count team will be taking a scheduled break, prior to leaving the count room all cash that has been removed from the table game drop boxes shall be counted at least once and secured in a manner approved by the Bureau of Casino Compliance.
(q) Once the counting process has been started, the count room supervisor shall be required to notify surveillance whenever the count room door will be opened.
(r) Once all currency has been counted and the final count totals have been obtained, employees may not be permitted to leave the count room, except in an emergency, until the recount and presentation procedures in subsection (y) have been completed.
(s) A certificate holder shall include in its internal controls the procedures for conducting the count. These procedures must include, at a minimum, the following:
(1) In full view of the surveillance cameras located in the count room, the contents of each table game drop box shall be emptied on the count table and either manually counted separately on the count table or counted on a currency counting machine which is located in a conspicuous location on, near or adjacent to the count table.
(2) After the contents of each table game drop box have been emptied on the count table, the inside of the table game drop box shall be held up to the full view of the surveillance cameras to assure that all contents of the table game drop box have been removed, after which the table game drop box shall be locked and placed in the storage area for table game drop boxes. Any table game drop box shall be reopened at any time upon the request of the casino compliance representative to assure that all contents have been removed.
(3) The contents of each table game drop box shall be segregated by a count team member into separate stacks on the count table by each denomination of currency and by the type of required forms or documents, except that the Bureau of Gaming Operations may permit the utilization of a machine to sort currency automatically by denomination. A count team member shall also separate out any mutilated or torn currency to ensure that each item is properly counted and recorded by denomination and attempt to match pieces of mutilated or torn currency to determine if a complete bill exists.
(4) Mutilated or torn currency shall be recorded as revenue if the bill includes one entire serial number and one letter and number of the serial number from the other half of the bill.
(5) Mutilated or torn currency that is not recorded as revenue shall be placed in a sealed transparent envelope or container and transferred to the main bank by the main bank cashier or cage supervisor at the end of the count.
(6) Except as provided for in paragraph (7), each denomination of currency shall be counted separately by one count team member who shall place individual bills of the same denomination on the count table in full view of the surveillance cameras, after which the currency shall be counted by a second count team member who is unaware of the result of the original count and who, after completing this count, shall confirm the accuracy of the total, either verbally or in writing, with that reached by the first count team member.
(7) A certificate holder may, with approval of the Bureau of Gaming Operations, aggregate counts by denomination of all currency collected in substitution of the second count by a table game drop box required under paragraph (6), if the original counts are being performed automatically by a machine that counts and automatically records the value of currency, and the accuracy of the machine has been suitably tested and proven in accordance with paragraph (8).
(8) Currency counting machines may be used if, prior to the start of the first use of a counting machine for each table game count, the counting machine is tested in accordance with the procedures contained in the certificate holder's internal controls to verify the accuracy of the counting machine.
(t) As the contents of each drop box are counted, a count team member shall manually record the results of the count on the Daily Banking Table Game Count Report and the Daily Nonbanking Table Game Count Report or a computer system. The Daily Banking Table Game Count Report and the Daily Nonbanking Table Game Count Report must be a three-part form consisting of an original and two duplicates. The distribution of the Daily Banking Table Game Count Report and the Daily Nonbanking Table Game Count Report shall be as follows:
(1) The original shall be delivered to revenue audit by the count room supervisor immediately after leaving the count room at the conclusion of the count.
(2) The second copy shall be retained by the casino compliance representative observing the count.
(3) The third copy shall be retained by the cage supervisor or main bank cashier.
(u) After the contents of each drop box from a banking table game are counted, a member of the count team shall record, manually on the Daily Banking Table Game Count Report or electronically on a computer system, the following information for each banking table game drop box:
(1) The value of each denomination of currency counted.
(2) The total value of all denominations of currency counted.
(3) The serial number and amount of each Counter Check counted.
(4) The amount of all Counter Checks counted.
(5) The total value of currency and Counter Checks counted.
(6) The gaming date of the items being recorded, the total number of banking table game drop boxes opened and counted and the date that the Daily Banking Table Game Count Report is being prepared or generated.
(v) After the contents of each drop box from a nonbanking table game are counted, a member of the count team shall record, manually on the Daily Nonbanking Table Game Count Report or electronically on a computer system, the following information for each nonbanking table game drop box:
(1) The value of Poker Rake chips counted.
(2) The value of value chips counted.
(3) The total value of Poker Rake chips and value counted.
(4) The gaming date of the items being recorded, the total number of nonbanking table game drop boxes opened and counted and the date that the Daily Nonbanking Table Game Count Report is being prepared or generated.
(w) After preparation of the Daily Banking Table Game Count Report and the Daily Nonbanking Table Game Count Report or the electronic equivalents prepared on a computer system, the count team members and the count room supervisor shall sign the reports attesting to the accuracy of information recorded thereon. The count room supervisor shall verify that all of the drop boxes collected and opened by count team members have been recorded on the reports.
(x) If any problems occur with the count procedures or machines (for example, computer interface malfunctions or strap overages or shortages), the problems shall be brought to the immediate attention of the casino compliance representative in the count room and a detailed written report explaining the problem, the reason for the problem and the corrective action taken shall be filed by the count room supervisor or above with the casino compliance representatives within 24 hours of the conclusion of the count.
(y) After the contents of all table game drop boxes have been removed and counted, all cash, gaming vouchers, value chips, Poker rake chips and Counter Checks shall be presented in the count room by a count team member to a main bank cashier or cage supervisor who, prior to having access to the information recorded on the Daily Banking Table Game Count Report and the Daily Nonbanking Table Game Count Report or electronic equivalents and in the presence of the count team members and the casino compliance representative, shall recount, either manually or mechanically, the currency, value chips, Poker rake chips and Counter Checks presented in accordance with the following requirements:
(1) The main bank cashier or cage supervisor shall have physical access to all currency, value chips, Poker rake chips and Counter Checks presented for recounting and no currency, value chips, Poker rake chips and Counter Checks for recounting shall be wrapped or placed in any sealed bag or container until the entire recount has been completed and the Daily Banking Table Game Count Report and the Daily Nonbanking Table Game Count Report or electronic equivalents have been signed by the entire count team, the count room supervisor, the main bank cashier or cage supervisor and the casino compliance representative.
(2) The main bank cashier or cage supervisor may bulk count all strapped currency.
(3) Partial straps, loose currency, mutilated or torn currency, value chips, Poker rake chips and Counter Checks shall be recounted by the main bank cashier or cage supervisor either by hand or with an approved counting device.
(4) The casino compliance representative may direct that currency straps of any denomination be recounted by the main bank cashier or cage supervisor either by hand or by counting equipment, if a discrepancy either in denomination total or grand total is discovered during the initial bulk recount.
(5) Upon completion of the recount, the main bank cashier or cage supervisor shall attest by signature on the Daily Banking Table Game Count Report and the Daily Nonbanking Table Game Count Report or electronic equivalents the amounts of currency, value chips, Poker rake chips and Counter Checks counted, after which the casino compliance representative shall sign the report evidencing his presence during the count and the fact that both the main bank cashier or cage supervisor and count team have agreed on the total amounts of currency, value chips, Poker rake chips and Counter Checks counted.
(6) Once all required signatures have been obtained, the second copy of the Daily Banking Table Game Count Report and the Daily Nonbanking Table Game Count Report or electronic equivalents shall be given to the casino compliance representative and the third copy shall be retained by the cage supervisor or main bank cashier.
(7) The original Daily Banking Table Game Count Report and the Daily Nonbanking Table Game Count Report or electronic equivalents, the Requests for Fills, the Fill Slips, the Requests for Credits, the Credit Slips, the issuance copy of the Counter Checks, the Table Inventory Slips and any other supporting documentation shall be transported directly to the accounting department and may not be available to cashiers' cage personnel.
(z) A count room employee, in the presence of the casino compliance representative who observed the count, shall conduct a thorough inspection of the entire count room and all counting equipment located therein to verify that no currency, value chips, Poker rake chips and Counter Checks remain in the room.
§ 525.20. Alternate procedures for collecting, distributing, opening, counting and recording the contents of nonbanking table game drop boxes.
(a) A certificate holder may submit as part of its internal controls, alternate procedures for the separate collection, distribution, opening, counting and recording the contents of nonbanking table game drop boxes which do not have to meet all of the requirements in §§ 525.18 and 525.19 (relating to transport of table game drop boxes to and from gaming tables; and procedures for opening, counting and recording the contents of table game drop boxes).
(b) These alternate procedures must, at a minimum, include requirements that:
(1) The count shall be conducted:
(i) In the count room at a time during which neither the count for banking table games or slot machines is being conducted.
(i) In a room, other than the count room, with dual access controlled by the security department and the finance department and which is covered by the slot machine licensee's surveillance system.
(2) The count shall be conducted by at least two employees of the finance department with no incompatible duties.
[Pa.B. Doc. No. 10-1082. Filed for public inspection June 11, 2010, 9:00 a.m.]
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