RULES AND REGULATIONS
PENNSYLVANIA GAMING CONTROL BOARD
[ 58 PA. CODE CHS. 523, 526 AND 549]
Table Game Equipment, Credit and Rules Amendments; Temporary Regulations
[40 Pa.B. 6095]
[Saturday, October 23, 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 (P. L. 1, No. 1) (Act 1) and the specific authority in 4 Pa.C.S. §§ 1302A(1) and (2) and 1327A(a) (relating to regulatory authority; and other financial transactions), amends temporary regulations in Chapters 523, 526 and 549 (relating to table game equipment; credit; and Blackjack) 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 provides for the use of value chips in exchange for food and beverage served on the gaming floor, allows for the issuance of credit to slot players and amends the rules for Blackjack. These changes were made in response to requests received from certificate holders and based on the Board's experience to date.
Explanation of Chapters 523, 526 and 549
The Board has received numerous comments on the temporary regulations promulgated so far. The Board has found these comments useful and thanks the commentators for their input.
While the Board does not agree with all of the suggestions offered and is still reviewing a number of the comments that have been received, the Board does agree that improvements can be made in several areas now.
In Chapter 523, the Board previously provided for the acceptance of value chips to authorized employees as personal gratuities. Language was added to § 523.10(l) (relating to exchange and redemption of gaming chips and plaques) which allows authorized employees to also accept value chips in exchange for food and beverage purchased and served to patrons while on the gaming floor.
In Chapter 526, the Board previously promulgated regulations regarding the issuance of credit to a table game patron. New § 526.13a (relating to issuance and reconciliation of Counter Checks) is added to set forth the procedures that shall be followed when issuing a Counter Check to a patron for the purposes of playing a slot machine or table game. The language in § 526.13(e)—(h) (relating to requirements for Counter Checks) regarding the issuance of Counter Checks to table game patrons was moved to § 526.13a(b) and (e)—(g).
In Chapter 549, the In Between Wager was added as an optional side wager. The requirements for table layouts were added in § 549.2(c) (relating to Blackjack table; card reader device; physical characteristics; inspections). New § 549.19 (relating to In Between Wager) is added to provide the rules of the wager, the payout odds and the payout limitation on the In Between Wager.
Affected Parties
The amendments in this temporary rulemaking allow certificate holders additional options on how to conduct table games at their licensed facilities. It will also affect certificate holders that elect to offer credit and patrons who apply for and receive credit.
Fiscal Impact
Commonwealth
The Board does not expect that the amendments in this temporary rulemaking will have fiscal impact on the Board or any other Commonwealth agency. Internal control procedures submitted by certificate holders related to credit will be reviewed by existing Board staff.
Political subdivisions
This temporary rulemaking will not have direct fiscal impact on political subdivisions in this Commonwealth. Eventually, host municipalities and counties will benefit from the local share funding that is mandated by Act 1.
Private sector
The amendments in this temporary rulemaking will give certificate holders some additional flexibility as to how they conduct table games and food and beverage service on the gaming floor. The addition of an optional side wager may increase the wagers in Blackjack.
Certificate holders that elect to offer credit to slot patrons will have to develop procedures for administering credit at the cashier's cage or slot machine. These procedures will be part of the certificate holder's internal controls which shall be submitted to the Board for approval. Because credit must be interest free, the certificate holder will have to absorb any costs regarding the issuance of credit.
General public
This temporary rulemaking will not have direct fiscal impact on the general public.
Paperwork Requirements
If a certificate holder elects to offer credit, the certificate holder will have to develop forms and recordkeeping systems to track the issuance and redemption of credit.
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 Susan A. Yocum, Assistant Chief Counsel, Pennsylvania Gaming Control Board, P. O. Box 69060, Harrisburg, PA 17106-9060, Attention: Public Comment on Regulation #125-133.
Contact Person
The contact person for questions about this temporary rulemaking is Susan A. Yocum, Assistant Chief Counsel, (717) 265-8356.
Regulatory Review
Under 4 Pa.C.S. § 1303A, the Board is authorized to adopt temporary regulations which are not subject to 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 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 Chapters 523, 526 and 549, are amended by amending §§ 523.10, 526.13 and 549.2; and by adding §§ 526.13a and 549.19 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(2) The temporary regulations are effective October 23, 2010.
(3) The temporary regulations will be posted on the Board's web site and published in the Pennsylvania Bulletin.
(4) The temporary regulations are 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: 125-133. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART VII. GAMING CONTROL BOARD
Subpart K. TABLE GAMES
CHAPTER 523. TABLE GAME EQUIPMENT § 523.10. Exchange and redemption of gaming chips and plaques.
* * * * * (l) Employees of a certificate holder may be authorized to receive value chips as personal gratuities and in exchange for food and beverage purchased and served to patrons on the gaming floor. Employees of a certificate holder who are authorized to receive value chips shall redeem the value chips at the cashiers' cage or at another secure location, as approved by the Board, prior to leaving the licensed facility. Value chips redeemed at a noncage employee redemption site shall be exchanged on a daily basis with the cashiers' cage in accordance with procedures approved by the Board. Each certificate holder shall submit to the Board for approval internal controls to ensure the proper exchange and accounting of the value chips received as personal gratuities and for the purchase of food and beverage on the gaming floor.
* * * * *
CHAPTER 526. CREDIT § 526.13. Requirements for Counter Checks.
* * * * * (c) For Counter Checks that are manually prepared:
* * * * * (3) Access to the Counter Checks shall be maintained and controlled at all times by the finance department employees responsible for the control of and accounting for the unused supply of Counter Checks, and the table games department or cage employees responsible for the preparation of Counter Checks for a patron's signature.
(d) For Counter Checks that are prepared by computer:
(1) The Counter Checks must be a four-part form which consists of an original, a redemption copy, an issuance copy and an accounting copy.
(2) The Counter Checks shall be inserted in a printer that will simultaneously print an original and the other copies.
(3) The information printed on the original Counter Check and the other copies shall be stored in machine-readable form. The stored data must not be susceptible to change or removal by any personnel after preparation of a Counter Check.
* * * * * § 526.13a. Issuance and reconciliation of Counter Checks.
(a) A certificate holder may issue Counter Checks in exchange for:
(1) Value chips or plaques provided to a patron at a gaming table.
(2) Cash provided to a slot patron at the cashier's cage or at a slot machine.
(b) For a Counter Check exchanged for value chips or plaques at a gaming table, a pit clerk or above shall:
(1) Verify the patron's identity by either:
(i) Obtaining the patron's signature, on a form, which shall be compared to the signature contained within a patron signature file. The pit clerk or above shall sign the form indicating that the signature of the patron on the form appears to agree with the signature in the patron signature file. The form shall be attached to the accounting copy of the Counter Check exchanged by the patron prior to forwarding it to the accounting department. After the patron's identity has been verified by the pit clerk or above, the requirements for subsequent verification of the patron's identity during the same shift and in the same gaming pit may be satisfied by the employee who performed the initial verification signing a form attesting to the patron's identity before each subsequent Counter Check is exchanged. The form must include the patron's name and the serial number of the initial Counter Check exchanged by the patron. The form shall be attached to the accounting copy of the subsequent Counter Check prior to forwarding the accounting copy to the accounting department.
(ii) Obtaining the attestation of a floorperson or above as to the identity of the patron. The floorperson or above shall record his Board credential number and sign a form attesting to the patron's identity. The form shall be attached to the accounting copy of the Counter Check exchanged by the patron prior to forwarding it to the accounting department.
(2) Determine the patron's remaining credit limit from the cashier's cage.
(3) Prepare the Counter Check for the patron's signature by recording or by electronically inputting, the following information:
(i) The name of the patron exchanging the Counter Check.
(ii) The current date and time.
(iii) The amount of the Counter Check expressed in numerals.
(iv) The game and table number.
(v) The signature of the floorperson or above authorizing acceptance of the check.
(vi) The signature of the preparer or, if computer prepared, the identification code of the preparer.
(4) Place an impression on the back of the original Counter Check a restrictive endorsement ''for deposit only'' to the certificate holder's bank account.
(5) Present the original and all duplicate copies of the Counter Check to the patron for signature. However, a certificate holder may, in accordance with its approved internal controls, require the patron to sign the original Counter Check only and have a computer generated facsimile of the signature exemplar obtained from the patron's signature file preprinted on the redemption, issuance and accounting copies of a computer prepared Counter Check if:
(i) The patron's signature has previously been recorded in a patron signature file in conformance with § 465a.20 (relating to personal check cashing).
(ii) A legible copy of the signed original Counter Check is made by the certificate holder prior to the presentment of the original Counter Check for collection or payment in accordance with this chapter. The copy shall be maintained by the certificate holder and be available for inspection by representatives of the Board upon request.
(6) Receive the signed Counter Check directly from the patron. The issuance copy of the Counter Check shall then be immediately given to the dealer or boxperson to be exchanged for value chips or gaming plaques. A certificate holder may allow a dealer or boxperson to give the patron value chips or gaming plaques before the patron has signed the Counter Check if the certificate holder includes procedures in the certificate holder's internal controls to verify the patron's identity and available credit limit prior to giving the patron the value chips or gaming plaques.
(i) The original, redemption, and, if applicable, the acknowledgement copies of the Counter Check shall be expeditiously transported to the cashiers' cage where the original and redemption copies shall be maintained and controlled by the cage cashier designated to act as the check bank cashier.
(ii) The accounting copy of the Counter Check shall be maintained and controlled by the pit clerk or above until forwarded to the accounting department as required under subsection (g).
(iii) The issuance copy of the Counter Check shall be deposited by the dealer or boxperson in the drop box.
(c) For a Counter Check exchanged by a slot player for cash at the cage, a cage cashier shall:
(1) Verify the patron's identity by either:
(i) Obtaining the slot patron's signature, on a Counter Check Request Form, which shall be compared to the signature contained within a patron signature file. The cage cashier shall sign the form indicating that the signature of the patron on the form appears to agree with the signature in the patron signature file. The form shall be attached to the accounting copy of the Counter Check exchanged by the slot patron prior to forwarding it to the accounting department.
(ii) Obtaining the attestation of a cage supervisor as to the identity of the patron. The cage supervisor shall record his Board credential number and sign a form attesting to the patron's identity. The form shall be attached to the accounting copy of the Counter Check exchanged by the patron prior to forwarding it to the accounting department.
(2) Determine the slot patron's remaining credit limit.
(3) Prepare the Counter Check for the slot patron's signature by recording or by electronically inputting, the following information:
(i) The name of the slot patron exchanging the Counter Check.
(ii) The current date and time.
(iii) The amount of the Counter Check expressed in numerals.
(iv) The signature of the cage supervisor authorizing acceptance of the check.
(vi) The signature of the slot supervisor authorizing acceptance of the check.
(vii) The signature of the preparer or, if computer prepared, the identification code of the preparer.
(4) Place an impression on the back of the original Counter Check a restrictive endorsement ''for deposit only'' to the certificate holder's bank account.
(5) Present the original and all duplicate copies of the Counter Check to the slot patron for signature. However, a certificate holder may, in accordance with its approved internal controls, require the slot patron to sign the original Counter Check only and have a computer generated facsimile of the signature exemplar obtained from the slot patron's signature file preprinted on the redemption, issuance and accounting copies of a computer prepared Counter Check if:
(i) The slot patron's signature has previously been recorded in a patron signature file in conformance with § 465a.20.
(ii) A legible copy of the signed original Counter Check is made by the certificate holder prior to the presentment of the original Counter Check for collection or payment in accordance with the provisions of this chapter. The copy shall be maintained by the certificate holder and be available for inspection by representatives of the Board upon request.
(6) Receive the signed original and all duplicate copies of the Counter Check directly from the slot patron.
(i) The original, redemption, and, if applicable, the acknowledgement copies of the Counter Check shall be expeditiously transferred to the cage cashier designated to act as the check bank cashier who shall maintain and control the original and redemption copies.
(ii) The accounting copy of the Counter Check shall be maintained and controlled by the cage cashier and deposited into a locked accounting box until forwarded to the accounting department as required under subsection (g).
(iii) The issuance copy of the Counter Check shall be exchanged for cash and shall be maintained by the cage cashier in the impress fund.
(d) A certificate holder may also issue a Counter Check to a slot patron directly at a slot machine, provided the following procedures and requirements are followed:
(1) A slot supervisor shall obtain the amount of the requested Counter Check and the patron's signature on a two-part Counter Check Request Form and transport both copies of the Counter Check Request Form directly to the cage cashier. The cage cashier shall verify the slot patron's signature in accordance with subsection (c)(1)(i).
(2) Once the slot patron's signature has been verified, the cage cashier shall prepare the Counter Check in accordance with subsection (c)(2), (3) and (4).
(3) The cage cashier shall sign the Counter Check as the preparer of the Counter Check and shall present the original and all duplicate copies of the Counter Check, the original and duplicate copy of the request form and the cash in the amount of the Counter Check to the slot supervisor.
(4) The slot supervisor shall verify the cash against the amount recorded on the Counter Check and the request form. If in agreement, the slot supervisor shall sign the original and duplicate copy of the request form and return the duplicate copy of the request form to the cage cashier.
(5) The cage cashier shall retain the duplicate copy of the request form as evidence of the slot supervisor's receipt of the Counter Check and the cash.
(6) Once the cash has been verified, the funds shall be transported, along with the original request form and the original and all copies of the Counter Check, to the slot patron by the slot supervisor in the presence of a security department employee.
(7) The slot supervisor shall present the original and all duplicate copies of the Counter Check to the slot patron for signature.
(8) Upon receiving the signed original and all duplicate copies of the Counter Check from the slot patron, the security department employee shall verify the slot patron's signature on the original Counter Check against the patron's signature on the original request form. If in agreement, the cash shall be immediately given to the slot patron. Cash may not be given to the slot patron prior to the receipt of the signed Counter Check from the patron.
(9) Once the slot patron has received the cash, the security department employee shall sign the back of the accounting copy of the Counter Check as a witness to the transfer of funds to the slot patron in exchange for the signed Counter Check from the patron. The accounting copy of the Counter Check shall be maintained and controlled by the slot supervisor until forwarded to the accounting department as required under subsection (g).
(10) The security department employee shall immediately return the original, redemption, issuance and acknowledgement copies of the Counter Check to the cage cashier. The cage cashier shall attach the duplicate of the request form to the issuance copy of the Counter Check and maintain them in the impress fund.
(11) The original, redemption, and, if applicable, the acknowledgement copies of the Counter Check shall be expeditiously transferred to the cage cashier designated to act as the check bank cashier who shall maintain and control the original and redemption copies.
(e) The cage cashier designated to act as the check bank cashier shall sign and time stamp the acknowledgement copy of the Counter Check and expeditiously return it to the pit clerk or slot supervisor by means of a security department employee or to the cage cashier. The check bank cashier shall maintain the original and redemption copies of the Counter Check.
(f) The acknowledgement copy of the Counter Check returned to the pit clerk, slot supervisor or the cage cashier shall be reconciled with the accounting copy and maintained and controlled by the pit clerk, slot supervisor or cage cashier until forwarded to the accounting department as required under subsection (g).
(g) At the end of each gaming day the following procedures and requirements shall be observed:
(1) The original and all copies of voided Counter Checks shall be forwarded to the accounting department.
(2) The accounting and acknowledgement copies of Counter Checks retained by the pit clerk, slot supervisor or cage cashier shall be forwarded to the accounting department for agreement with the issuance copy of the Counter Check removed from the drop box or cage cashier's impress fund.
(3) The redemption copy of a Counter Check shall be forwarded to the accounting department subsequent to the redemption or deposit of the original Counter Check for agreement with the accounting and issuance copies of the Counter Check or stored data.
CHAPTER 549. BLACKJACK § 549.2. Blackjack table; card reader device; physical characteristics; inspections.
* * * * * (c) The following must be inscribed on the Blackjack layout:
* * * * * (6) If a certificate holder offers the In Between Wager:
(i) A separate area designated for the placement of the In Between Wager for each player.
(ii) Inscriptions that advise patrons of the payout odds for the In Between Wager. If the payout odds are not inscribed on the layout, a sign identifying the payout odds for the In Between Wager shall be posted at each Blackjack table.
* * * * * § 549.19. In Between Wager.
(a) A player may make an additional In Between Wager which shall have no bearing on any other wagers made by the player. For purposes of the In Between Wager, the ace is always high. The In Between Wager of a player shall win if:
(1) The dealer's up card falls between the player's initial two cards.
(2) The dealer's up card and the player's initial two cards are of the same rank.
(b) If the dealer's up card falls between the player's initial two cards, the player shall be paid according to the respective card spread. A one card spread occurs when only one card falls between the player's initial two cards. For example, if a player has been dealt a 7 and a 9, the player will win with a one card spread if the dealer's up card is an 8. If the dealer's up card and the player's initial two cards are of the same rank, the player has a triple match.
(c) Prior to the first card being dealt for each round of play, a player who has placed a basic wager required under § 549.4 (relating to wagers) may make an additional In Between Wager, which shall be in an amount of at least $1 and may not exceed the lesser of:
(1) The amount of the wager made by the player under § 549.4(a).
(2) A maximum amount established by the certificate holder in the certificate holder's Rules Submission under § 521.2 (relating to table games Rules Submissions).
(d) An In Between Wager shall be made by placing value chips on the appropriate area of the Blackjack layout.
(e) Immediately after the second card is dealt to each player and the dealer, but prior to additional cards being dealt to any player or the dealer or before any card reader device is utilized, the dealer shall, starting with the player to his far right and moving counterclockwise around the table, settle all In Between Wagers by collecting all losing wagers and paying all winning wagers in accordance with subsection (f).
(f) The certificate holder shall pay out winning In Between Wagers at the odds contained in the following payout table:
Hand Payout Triple Match 30 to 1 One Card Spread 10 to 1 Two Card Spread 6 to 1 Three Card Spread 4 to 1 All others 1 to 1
[Pa.B. Doc. No. 10-2000. Filed for public inspection October 22, 2010, 9:00 a.m.]
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