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PA Bulletin, Doc. No. 12-1794

RULES AND REGULATIONS

PENNSYLVANIA GAMING CONTROL BOARD

[ 58 PA. CODE CH. 579 ]

Five Card Hi-Lo; Temporary Regulations

[42 Pa.B. 5865]
[Saturday, September 15, 2012]

 The Pennsylvania Gaming Control Board (Board), under its general authority in 4 Pa.C.S. § 13A03(b) (relating to temporary table game regulations) and the specific authority in 4 Pa.C.S. § 13A02(1) and (2) (relating to regulatory authority), adds Chapter 579 (relating to Five Card Hi-Lo) to read as set forth in Annex A.

Purpose of the Temporary Rulemaking

 This temporary rulemaking adds Five Card Hi-Lo to the complement of games that are authorized for play in this Commonwealth.

Explanation of Chapter 579

 Section 579.1 (relating to definitions) contains the definitions for terms used in Five Card Hi-Lo. Section 579.2 (relating to Five Card Hi-Lo table; physical characteristics) contains the requirements pertaining to the table and other equipment used in the play of the game.

 Section 579.3 (relating to cards; number of decks) addresses the number of decks that are used in Five Card Hi-Lo and the frequency with which the decks are to be changed. Sections 579.4 and 579.5 (relating to opening of the table for gaming; and shuffle and cut of the cards) set forth the procedures for the inspection, shuffling and cutting of the cards before they are dealt.

 Sections 579.6 and 579.7 (relating to Five Card Hi-Lo rankings; and wagers) set forth the rank of the cards for the purpose of determining a winning hand and specify which wagers are authorized for use at the game and when those wagers are to be placed.

 Sections 579.8, 579.9 and 579.10 (relating to procedures for dealing the cards from a manual dealing shoe; procedures for dealing the cards from the hand; and procedures for dealing the cards from an automated dealing shoe) specify the procedures for the dealing of the cards to each patron and the dealer. Section 579.11 (relating to procedures for completion of each round of play) addresses how the dealer is to evaluate if a patron's hand is a winning hand. This section also addresses the procedures for collecting cards, collecting loosing wagers and paying out winning wagers.

 Section 579.12 (relating to payout odds) addresses the payout odds for all permissible wagers and § 579.13 (relating to irregularities) specifies how irregularities in the play of the game are to be handled.

Affected Parties

 This temporary rulemaking allows certificate holders additional options on how to conduct table games at their licensed facilities.

Fiscal Impact

Commonwealth. The Board does not expect that this temporary rulemaking will have fiscal impact on the Board or other Commonwealth agencies. Internal control procedures submitted by certificate holders regarding table games rules submissions will be reviewed by existing Board staff.

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 the act of January 7, 2010 (P. L. 1, No. 1).

Private sector. This temporary rulemaking will give certificate holders some additional flexibility as to how they conduct table games. It is anticipated that this temporary rulemaking will have an impact only on certificate holders, which are not small businesses.

General public. This temporary rulemaking will not have direct fiscal impact on the general public.

Paperwork Requirements

 If a certificate holder elects to offer new games for play at the licensed facility, the certificate holder will be required to submit an updated Rules Submission reflecting the changes.

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 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 Susan A. Yocum, Assistant Chief Counsel, Pennsylvania Gaming Control Board, P. O. Box 69060, Harrisburg, PA 17106-9060, Attention: Public Comment on Regulation # 125-164.

Contact Person

 The contact person for questions about this temporary rulemaking is Susan A. Yocum, Assistant Chief Counsel, (717) 346-8300.

Regulatory Review

 Under 4 Pa.C.S. § 13A03(b), the Board's authority to adopt temporary regulations governing the rules of new table games does not expire. Additionally, temporary regulations adopted by the Board 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. § 13A03(b), the temporary regulations are exempt from 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, are amended by adding §§ 579.1—579.13 to read as set forth in Annex A.

 (2) The temporary regulations are effective September 15, 2012.

 (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.

WILLIAM H. RYAN, Jr., 
Chairperson

Fiscal Note: 125-164. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART VII. GAMING CONTROL BOARD

Subpart K. TABLE GAMES

CHAPTER 579. FIVE CARD HI-LO

Sec.

579.1.Definitions.
579.2.Five Card Hi-Lo table; physical characteristics.
579.3.Cards; number of decks.
579.4.Opening of the table for gaming.
579.5.Shuffle and cut of the cards.
579.6.Five Card Hi-Lo rankings.
579.7.Wagers.
579.8.Procedures for dealing the cards from a manual dealing shoe.
579.9.Procedures for dealing the cards from the hand.
579.10.Procedures for dealing the cards from an automated dealing shoe.
579.11.Procedures for completion of each round of play.
579.12.Payout odds.
579.13.Irregularities.

§ 579.1. Definitions.

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

High hand—The three-card hand that is formed from the five cards dealt so as to have a point value higher than the two-card low hand.

Low hand—The two-card hand that is formed from the five cards dealt so as to have a point value lower than the three-card high hand.

Setting the hands—The process of forming a high hand and low hand from the five cards dealt.

§ 579.2. Five Card Hi-Lo table; physical characteristics.

 (a) Five Card Hi-Lo shall be played at a table having betting positions for no more than six players on one side of the table and a place for the dealer on the opposite side of the table.

 (b) The layout for a Five Card Hi-Lo table shall be submitted to the Bureau of Gaming Operations and approved in accordance with § 601a.10(a) (relating to approval of table game layouts, signage and equipment) and contain, at a minimum:

 (1) The name or logo of the certificate holder.

 (2) A separate betting area designated for the placement of the Ante Wager for each player.

 (3) A separate betting area designated for the placement of the Play Wager for each player.

 (4) Two separate areas designated for the placement of the high and low hands of each player.

 (5) If the certificate holder offers the optional Tie Wager authorized under § 579.7(e)(1) (relating to wagers), a separate area designated for the placement of the Tie Wager for each player.

 (6) If the certificate holder offers the optional Poker Bonus Wager authorized under § 579.7(e)(2), a separate area designated for the placement of the Poker Bonus Wager for each player.

 (7) Inscriptions that advise patrons of the payout odds or amounts for all permissible wagers offered by the certificate holder. If the payout odds or amounts are not inscribed on the layout, a sign identifying the payout odds or amounts for all permissible wagers shall be posted at each Five Card Hi-Lo table.

 (c) Each Five Card Hi-Lo table must have a drop box and a tip box attached on the same side of the gaming table as, but on opposite sides of, the dealer, as approved by the Bureau of Casino Compliance in accordance with § 601a.10(g). The Bureau of Casino Compliance may approve an alternative location for the tip box when a card shuffling device or other table game equipment prevents the placement of the drop box and tip box on the same side of the gaming table as, but on opposite sides of, the dealer.

 (d) Each Five Card Hi-Lo table must have a discard rack securely attached to the top of the dealer's side of the table.

§ 579.3. Cards; number of decks.

 (a) Except as provided in subsection (b), Five Card Hi-Lo shall be played with one deck of cards that are identical in appearance and one cover card.

 (b) If an automated card shuffling device is utilized, Five Card Hi-Lo may be played with two decks of cards in accordance with the following requirements:

 (1) The cards in each deck must be of the same design. The backs of the cards in one deck must be of a different color than the cards in the other deck.

 (2) One deck of cards shall be shuffled and stored in the automated card shuffling device while the other deck is being used to play the game.

 (3) Both decks of cards shall be continuously alternated in and out of play, with each deck being used for every other round of play.

 (4) The cards from only one deck shall be placed in the discard rack at any given time.

 (c) The decks of cards used in Five Card Hi-Lo shall be changed at least every:

 (1) Four hours if the cards are dealt by hand.

 (2) Eight hours if the cards are dealt from a manual or automated dealing shoe.

§ 579.4. Opening of the table for gaming.

 (a) After receiving one or more decks of cards at the table, the dealer shall inspect the cards for any defects. The floorperson assigned to the table shall verify the inspection.

 (b) After the cards are inspected, the cards shall be spread out face up on the table for visual inspection by the first player to arrive at the table. The cards shall be spread in horizontal fan shaped columns by deck according to suit and in sequence.

 (c) After the first player is afforded an opportunity to visually inspect the cards, the cards shall be turned face down on the table, mixed thoroughly by a washing of the cards and stacked. Once the cards have been stacked, the cards shall be shuffled in accordance with § 579.5 (relating to shuffle and cut of the cards).

 (d) If an automated card shuffling device is utilized and two decks of cards are received at the table, each deck of cards shall be spread for inspection, mixed, stacked and shuffled in accordance with subsections (a)—(c).

 (e) If the decks of cards received at the table are preinspected and preshuffled in accordance with § 603a.16(u) or (v) (relating to cards; receipt, storage, inspection and removal from use), subsections (a)—(d) do not apply.

§ 579.5. Shuffle and cut of the cards.

 (a) Immediately prior to commencement of play, unless the cards were preshuffled in accordance with § 603a.16(u) or (v) (relating to cards; receipt, storage, inspection and removal from use), after each round of play has been completed or when directed by the floorperson or above, the dealer shall shuffle the cards, either manually or by use of an automated card shuffling device, so that the cards are randomly intermixed. Upon completion of the shuffle, the dealer or device shall place the deck of cards in a single stack. The certificate holder may use an automated card shuffling device which, upon completion of the shuffling of the cards, inserts the stack of cards directly into a dealing shoe.

 (b) If an automated card shuffling device is being used, which counts the number of cards in the deck after the completion of each shuffle and indicates whether 52 cards are present, and the device reveals that an incorrect number of cards are present, the deck shall be removed from the table.

 (c) After the cards have been shuffled and stacked, the dealer shall:

 (1) If the cards were shuffled using an automated card shuffling device, deal the cards in accordance with § 579.8, § 579.9 or § 579.10 (relating to procedures for dealing the cards from a manual dealing shoe; procedures for dealing the cards from the hand; and procedures for dealing the cards from an automated dealing shoe).

 (2) If the cards were shuffled manually, cut the cards in accordance with the procedures in subsection (d).

 (d) If a cut of the cards is required, the dealer shall place the cover card in the stack at least ten cards in from the top of the stack. Once the cover card has been inserted, the dealer shall take all cards above the cover card and the cover card and place them on the bottom of the stack. The stack of cards shall then be inserted into the dealing shoe for commencement of play.

 (e) After the cards have been cut and before the cards have been dealt, a floorperson or above may require the cards to be recut if the floorperson determines that the cut was performed improperly or in any way that might affect the integrity or fairness of the game.

 (f) If there is no gaming activity at a Five Card Hi-Lo table which is open for gaming, the cards shall be removed from the dealing shoe and discard rack and spread out on the table face down unless a player requests that the cards be spread face up on the table. After the first player arriving at the table is afforded an opportunity to visually inspect the cards, the procedures in § 579.4(c) (relating to opening of the table for gaming) and this section shall be completed.

 (g) A certificate holder may utilize a dealing shoe or other device that automatically reshuffles and counts the cards, provided that the device is submitted to the Bureau of Gaming Laboratory Operations and approved in accordance with § 461a.4 (relating to submission for testing and approval), prior to its use in the licensed facility. If a certificate holder is utilizing the approved device, subsections (b)—(f) do not apply.

§ 579.6. Five Card Hi-Lo rankings.

 (a) Each card dealt must have a point value. The point value of all face cards is their denomination. Jacks, queens and kings have a point value of 10. Aces have a point value of 11 if played in the high hand and a point value of 1 if played in the low hand.

 (b) If the certificate holder offers the Poker Bonus Wager, authorized under § 579.7(e) (relating to wagers), the winning five-card Poker hands must 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, other than a royal flush, consisting of five cards of the same suit in consecutive ranking.

 (3) A four-of-a-kind, which is a hand consisting of four cards of the same rank.

 (4) A full house, which is a hand consisting of a three-of-a-kind and a pair.

 (5) A flush, which is a hand consisting of five cards of the same suit, not in consecutive order.

 (6) A straight, which is a hand consisting of five cards of more than one suit and of consecutive rank.

 (7) A three-of-a-kind, which is a hand consisting of three cards of the same rank.

 (8) Two pairs, which is a hand consisting of two pairs.

 (9) One pair of 6s, 7s or better, depending on the paytable selected by the certificate holder in its Rules Submission filed in accordance with § 601a.2 (relating to table games Rules Submissions), which is a hand consisting of two cards of the same rank.

 (c) For purposes of subsection (b), an ace may be used to complete a straight flush or a straight formed with a 2, 3, 4 and 5 but may not be combined with any other sequence of cards (for example: queen, king, ace, 2 and 3).

§ 579.7. Wagers.

 (a) Wagers at Five Card Hi-Lo shall be made by placing value chips, plaques or other Board-approved wagering instruments on the appropriate areas of the Five Card Hi-Lo layout. Verbal wagers accompanied by cash may not be accepted.

 (b) Only players who are seated at a Five Card Hi-Lo table may wager at the game. Once a player has placed a wager and received cards, that player shall remain seated until the completion of the round of play. If a player leaves the table during a round of play, any wagers made by the player may be considered abandoned and may be treated as losing wagers.

 (c) All wagers at Five Card Hi-Lo shall be placed prior to the dealer announcing ''no more bets'' in accordance with the dealing procedures in § 579.8, § 579.9 or § 579.10 (relating to procedures for dealing the cards from a manual dealing shoe; procedures for dealing the cards from the hand; and procedures for dealing the cards from an automated dealing shoe). A wager may not be made, increased or withdrawn after the dealer has announced ''no more bets.''

 (d) To participate in a round of play and compete against the dealer's high and low hands, a player shall place an Ante Wager.

 (e) A certificate holder may, if specified in its Rules Submission under § 601a.2 (relating to table games Rules Submissions), offer to each player who placed an Ante Wager, in accordance with subsection (d), the option of placing the following additional wagers:

 (1) A Tie Wager that the total point value of either the high hand or the low hand of the player, or both, will tie the high or low hand of the dealer.

 (2) A Poker Bonus Wager that the five cards dealt to the player will form a five-card Poker hand with a rank of a pair of 6s or better or a pair of 7s or better, as described in § 579.6(b) (relating to Five Card Hi-Lo rankings), depending on the pay table selected by the certificate holder.

 (f) A certificate holder may, if specified in its Rules Submission under § 601a.2, permit a player to wager on two adjacent betting areas at a Five Card Hi-Lo table. If a certificate holder permits a player to wager on adjacent betting areas, the cards dealt to each betting area shall be played separately. If the two wagers are not equal, the player shall rank and set the hand with the larger wager before ranking and setting the other hand. If the amounts wagered are equal, each hand shall be played separately in a counterclockwise rotation with the first hand being ranked and set before the player proceeds to rank and set the second hand. Once a hand has been ranked, set and placed face down on the layout, the hands may not be changed.

§ 579.8. Procedures for dealing the cards from a manual dealing shoe.

 (a) If a manual dealing shoe is used, the dealing shoe must be located on the table in a location approved by the Bureau of Casino Compliance in accordance with § 601a.10(g) (relating to approval of table game layouts, signage and equipment). Once the procedures required under § 579.5 (relating to shuffle and cut of the cards) have been completed, the stacked deck of cards shall be placed in the dealing shoe either by the dealer or by an automated card shuffling device.

 (b) Prior to dealing any cards, the dealer shall announce ''no more bets.''

 (c) Each card shall be removed from the dealing shoe with the hand of the dealer that is the closest to the dealing shoe and placed on the appropriate area of the layout with the opposite hand.

 (d) The dealer shall, starting with the player farthest to the dealer's left and continuing around the table in a clockwise manner, deal one card at a time to each player who placed an Ante Wager in accordance with § 579.7(d) (relating to wagers) and to the dealer until each player and the dealer have five cards.

 (e) After five cards have been dealt to each player and the dealer, the dealer shall remove the stub from the manual dealing shoe and, except as provided in subsection (f), place the stub in the discard rack without exposing the cards.

 (f) If an automated card shuffling device, which counts the number of cards in the deck after the completion of each shuffle and indicates whether 52 cards are present, is not being used, the dealer shall count the stub at least once every 5 rounds of play to determine if the correct number of cards are still present in the deck. The dealer shall determine the number of cards in the stub by counting the cards face down on the layout.

 (g) If the count of the stub indicates that 52 cards are in the deck, the dealer shall place the stub in the discard rack without exposing the cards.

 (h) If the count of the stub indicates that the number of cards in the deck is incorrect, the dealer shall determine if the cards were misdealt. If the cards were misdealt (a player or the dealer has more or less than 5 cards) but 52 cards remain in the deck, all hands shall be void and all wagers shall be returned to the players. If the cards were not misdealt, all hands shall be void, all wagers shall be returned to the players and the entire deck of cards shall be removed from the table.

§ 579.9. Procedures for dealing the cards from the hand.

 (a) If the cards are dealt from the dealer's hand, the following requirements shall be observed:

 (1) An automated shuffling device shall be used to shuffle the cards.

 (2) After the procedures required under § 579.5 (relating to shuffle and cut of the cards) have been completed, the dealer shall place the stacked deck of cards in either hand. After the dealer has chosen the hand in which to hold the cards, the dealer shall continue to use that hand whenever holding the cards during that round of play. The cards held by the dealer shall be kept over the table inventory container and in front of the dealer at all times.

 (3) Prior to dealing any cards, the dealer shall announce ''no more bets.''

 (b) The dealer shall deal each card by holding the deck of cards in the chosen hand and use the other hand to remove the top card of the deck and place it face down on the appropriate area of the layout. The dealer shall, starting with the player farthest to the dealer's left and continuing around the table in a clockwise manner, deal one card at a time to each player who placed an Ante Wager in accordance with § 579.7(d) (relating to wagers) and to the dealer until each player and the dealer have five cards.

 (c) After five cards have been dealt to each player and the dealer, the dealer shall remove the stub from the manual dealing shoe and, except as provided in subsection (d), place the stub in the discard rack without exposing the cards.

 (d) If an automated card shuffling device, which counts the number of cards in the deck after the completion of each shuffle and indicates whether 52 cards are present, is not being used, the dealer shall count the stub at least once every 5 rounds of play to determine if the correct number of cards are still present in the deck. The dealer shall determine the number of cards in the stub by counting the cards face down on the layout.

 (e) If the count of the stub indicates that 52 cards are in the deck, the dealer shall place the stub in the discard rack without exposing the cards.

 (f) If the count of the stub indicates that the number of cards in the deck is incorrect, the dealer shall determine if the cards were misdealt. If the cards were misdealt (a player or the dealer has more or less than 5 cards), but 52 cards remain in the deck, all hands shall be void and all wagers shall be returned to the players. If the cards were not misdealt, all hands shall be void, all wagers shall be returned to the players and the entire deck of cards shall be removed from the table.

§ 579.10. Procedures for dealing the cards from an automated dealing shoe.

 (a) If the cards are dealt from an automated dealing shoe, the following requirements shall be observed:

 (1) After the procedures required under § 579.5 (relating to shuffle and cut of the cards) have been completed, the cards shall be placed in the automated dealing shoe.

 (2) Prior to the shoe dispensing any stacks of cards, the dealer shall announce ''no more bets.''

 (b) The dealer shall deliver the first stack of cards dispensed by the automated dealing shoe face down to the player farthest to the dealer's left who has placed an Ante Wager in accordance with § 579.7(d) (relating to wagers). As the remaining stacks are dispensed to the dealer by the automated dealing shoe, the dealer shall, moving clockwise around the table, deliver a stack face down to each of the other players who has placed an Ante Wager. The dealer shall then deliver a stack of five cards face down to the area designated for the placement of the dealer's cards.

 (c) After each stack of five cards has been dispensed and delivered in accordance with subsection (b), the dealer shall remove the stub from the automated dealing shoe and, except as provided in subsection (d), place the cards in the discard rack without exposing the cards.

 (d) If an automated card shuffling device, which counts the number of cards in the deck after the completion of each shuffle and indicates whether 52 cards are present, is not being used, the dealer shall count the stub at least once every 5 rounds of play to determine if the correct number of cards is still present in the deck. The dealer shall determine the number of cards in the stub by counting the cards face down on the layout.

 (e) If the count of the stub indicates that 52 cards are in the deck, the dealer shall place the stub in the discard rack without exposing the cards.

 (f) If the count of the stub indicates that the number of cards in the deck is incorrect, the dealer shall determine if the cards were misdealt. If the cards were misdealt (a player or the dealer has more or less than 5 cards), but 52 cards remain in the deck, all hands shall be void and all wagers shall be returned to the players. If the cards were not misdealt, all hands shall be void, all wagers shall be returned to the players and the entire deck of cards shall be removed from the table.

§ 579.11. Procedures for completion of each round of play.

 (a) After the dealing procedures required under § 579.8, § 579.9 or § 579.10 (relating to procedures for dealing the cards from a manual dealing shoe; procedures for dealing the cards from the hand; and procedures for dealing the cards from an automated dealing shoe) have been completed, each player shall examine his cards subject to the following limitations:

 (1) Each player who wagers at a Five Card Hi-Lo table shall be responsible for setting his own hands and no person other than the dealer and the player to whom the cards were dealt may touch the cards of that player.

 (2) Each player shall keep his five cards in full view of the dealer at all times.

 (3) Once each player has set a high and low hand and placed the two hands face down on the appropriate area of the layout, the player may not touch the cards again.

 (b) After each player has examined his cards, the dealer shall, beginning with the player farthest to the dealer's left and moving clockwise around the table, ask each player who placed an Ante Wager if he wishes to forfeit the Ante Wager and end his participation in the round of play or make a Play Wager in an amount equal to the player's Ante Wager. If a player:

 (1) Has placed an Ante and a Tie Wager but does not make a Play Wager, the player shall forfeit both wagers.

 (2) Has placed an Ante Wager and a Poker Bonus Wager but does not make a Play Wager, the player shall forfeit the Ante Wager but does not forfeit the Poker Bonus Wager.

 (c) After each player who has placed an Ante Wager has either placed a Play Wager on the designated area of the layout or forfeited his wagers and hand, the dealer shall collect all forfeited wagers and associated cards and shall place the cards in the discard rack. If a player has placed a Poker Bonus Wager but did not place a Play Wager, the dealer shall leave the player's cards and the Poker Bonus Wager on the table until the wager is resolved in accordance with subsection (j).

 (d) Each player who placed a Play Wager shall then set his hands by arranging the cards into a high hand and a low hand. When setting the two hands, the player shall add the point value of the cards placing the three higher value cards in the high hand and the two lower value cards in the low hand, provided that a player may place up to one ace in his low hand. For example, if a player is dealt an ace, jack, 10, 9 and 2, the high hand may contain the jack, 10 and 9 for a total point value of 29 and the two-card low hand would contain the ace and 2 for a total point value of 3.

 (e) After all players have set their hands and placed the cards on the table, the five cards of the dealer shall be turned over and the dealer shall set his hands by arranging the cards into a high and low hand, provided that aces shall be placed in the dealer's high hand unless the dealer was dealt four aces. The dealer shall then place the two hands face up on the appropriate area of the layout.

 (f) After the dealer has set a high hand and a low hand, the dealer shall reveal both hands of each player, beginning with the player farthest to the dealer's right and continuing around the table in a counterclockwise direction. The dealer shall compare the total point value of the high and low hand of each player to the high and low hand of the dealer and shall announce if the Ante and Play Wagers of that player win, lose or are a tie.

 (g) Ante and Play Wagers must:

 (1) Win if the high hand of the player is higher in point value than the high hand of the dealer and the low hand of the player is lower in point value than the low hand of the dealer. The dealer shall pay the winning Ante and Play Wagers in accordance with the payout odds in § 579.12(a) (relating to payout odds).

 (2) Lose and will immediately be collected if the high hand of the player ties or is lower in point value than the high hand of the dealer and the low hand of the player ties or is higher in point value than the low hand of the dealer.

 (3) Tie and will be returned to the player if:

 (i) The high hand of the player is higher in point value than the high hand of the dealer, but the low hand of the player is identical in point value or higher in point value than the low hand of the dealer.

 (ii) The high hand of the player is identical in total point value to the high hand of the dealer or lower in total point value than the high hand of the dealer, but the low hand of the player is lower in total point value than the low hand of the dealer.

 (h) A player may also qualify for an additional Ante Bonus Payout, regardless of the outcome of the player's Ante and Play Wagers in subsection (g), if a player has three or more aces in the player's hand. Ante Bonus Payouts shall be paid in accordance with § 579.12(b).

 (i) Except as provided in subsection (j), after settling the player's Ante and Play Wagers, the dealer shall place the cards of the player in the discard rack.

 (j) After settling the player's Ante and Play Wagers, the dealer shall settle the player's optional wagers as follows:

 (1) If a player placed a Tie Wager in accordance with § 579.7(e)(1) (relating to wagers), the dealer shall:

 (i) Pay winning Tie Wagers in accordance with § 579.12(c) if the high hand or low hand, or both, of the player is identical in point value with the high hand, low hand, or both, of the dealer.

 (ii) Collect all losing Tie Wagers if the high hand or low hand of the player is not identical in point value with the high hand or low hand of the dealer.

 (2) If a player placed a Poker Bonus Wager in accordance with § 579.7(e)(2), the dealer shall rearrange the five cards of the player to form the highest ranking Poker hand in accordance with § 579.6(b) (relating to Five Card Hi-Lo rankings). After rearranging the player's five cards, the dealer shall settle the player's Poker Bonus Wager as follows:

 (i) If a player has a pair of 6s or better or a pair of 7s or better, depending on the paytable selected by the certificate holder, the dealer shall pay the winning Poker Bonus Wager in accordance with § 579.12(d).

 (ii) If a player does not have a pair of 6s or better or a pair of 7s or better, depending on the paytable selected by the certificate holder, the dealer shall collect the Poker Bonus Wager.

 (k) If a player has placed more than one optional wager, the dealer shall settle all of the player's optional wagers before placing the player's cards in the discard rack.

 (l) All cards removed from the table shall be placed in the discard rack in a manner that permits the reconstruction of each hand in the event of a question or dispute.

§ 579.12. Payout odds.

 (a) A certificate holder shall pay each winning Ante and Play Wager at odds of 1 to 1.

 (b) The certificate holder shall pay an Ante Bonus Payout based on the amount of the player's Ante Wager at the odds in one of the following paytables selected by the certificate holder in its Rules Submission filed in accordance with § 601a.2 (relating to table games Rules Submissions):

Hand Paytable A Paytable B
Four aces and one 2 1,000 for 1 500 for 1
Four aces 100 for 1 50 for 1
Three aces 10 for 1 5 for 1
Hand Paytable C Paytable D
Four aces and one 2 200 for 1 100 for 1
Four aces 50 for 1 50 for 1
Three aces 5 for 1 5 for 1

 (c) The certificate holder shall pay out winning Tie Wagers at the odds in the following paytable:

Hand Payout
Low hands tie  4 to 1
High hands tie  4 to 1
Both high and low hands tie 20 to 1

 (d) The certificate holder shall pay out winning Poker Bonus Wagers at the odds in one of the following paytables selected by the certificate holder in its Rules Submission filed in accordance with § 601a.2:

Hand Paytable A Paytable B
Royal flush 250 to 1 500 to 1
Straight flush 50 to 1 100 to 1
Four-of-a-kind 25 to 1 40 to 1
Full house 15 to 1 15 to 1
Flush 10 to 1 8 to 1
Straight 8 to 1 6 to 1
Three-of-a-kind 5 to 1 4 to 1
Two pair 3 to 1 3 to 1
Pair of 7s or better 1 to 1
Pair of 6s or better 1 to 1

§ 579.13. Irregularities.

 (a) A card that is found face up in the shoe or the deck while the cards are being dealt may not be used in that round of play and shall be placed in the discard rack. If more than one card is found face up in the shoe or the deck during the dealing of the cards, all hands shall be void, all wagers shall be returned to the players and the cards shall be reshuffled.

 (b) A card drawn in error without its face being exposed shall be used as though it were the next card from the shoe or the deck.

 (c) If any player or the dealer is dealt an incorrect number of cards, all hands shall be void, all wagers shall be returned to the players and the cards shall be reshuffled.

 (d) 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.

 (e) If an automated dealing shoe is being used and the device jams, stops dealing cards or fails to deal cards during a round of play, the round of play shall be void, all wagers shall be returned to the players and the cards shall be removed from the device and reshuffled with any cards already dealt.

 (f) If an automated card shuffling device or automated dealing shoe malfunctions and cannot be used, the automated card shuffling device or automated dealing shoe shall be covered or have a sign indicating that the automated card shuffling device or automated dealing shoe is out of order placed on the device before any other method of shuffling or dealing may be utilized at that table.

[Pa.B. Doc. No. 12-1794. Filed for public inspection September 14, 2012, 9:00 a.m.]



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