RULES AND REGULATIONS
PENNSYLVANIA GAMING CONTROL BOARD
[ 58 PA. CODE CH. 589 ]
Lunar Poker; Temporary Regulations
[43 Pa.B. 7087]
[Saturday, December 7, 2013]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 589 (relating to Lunar Poker) to read as set forth in Annex A.
Explanation of Chapter 589
Section 589.1 (relating to definitions) contains the definitions for terms used in Lunar Poker. Section 589.2 (relating to Lunar Poker table physical characteristics) contains the requirements pertaining to the table layouts and other equipment used in the play of the game.
Section 589.3 (relating to cards; number of decks) addresses the number of decks that are used in Lunar Poker and the frequency with which the decks are to be changed. Sections 589.4 and 589.5 (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 589.6 and 589.7 (relating to Lunar Poker 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 589.8—589.10 (relating to procedure for dealing the cards from a manual shoe; procedure 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 589.11 (relating to procedures for completion of each round of play) addresses how the dealer is to evaluate whether a patron's hand is a winning hand. This section also addresses the procedures for collecting cards, collecting losing wagers and paying out winning wagers.
Section 589.12 (relating to payout odds) addresses the payout odds for all permissible wagers and § 589.13 (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 related to 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. Host municipalities and counties 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 the 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 #125-179.
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—1205), 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 requirements of the Regulatory Review Act, sections 201—205 of the Commonwealth Documents Law and sections 204(b) and 301(10) of the Commonwealth Attorneys Act.
(2) The adoption of the temporary regulations is necessary and appropriate for the administration and enforcement of 4 Pa.C.S. Part II (relating to gaming).
Order
The Board, acting under 4 Pa.C.S. Part II, orders that:
(1) The regulations of the Board, 58 Pa. Code, are amended by adding §§ 589.1—589.13 to read as set forth in Annex A.
(2) The temporary regulations are effective December 7, 2013.
(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.,
ChairpersonFiscal Note: 125-179. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART VII. GAMING CONTROL BOARD
Subpart K. TABLE GAMES
CHAPTER 589. LUNAR POKER Sec.
589.1. Definitions. 589.2. Lunar Poker table physical characteristics. 589.3. Cards; number of decks. 589.4. Opening of the table for gaming. 589.5. Shuffle and cut of the cards. 589.6. Lunar Poker rankings. 589.7. Wagers. 589.8. Procedure for dealing the cards from a manual dealing shoe. 589.9. Procedure for dealing the cards from the hand. 589.10. Procedures for dealing the cards from an automated dealing shoe. 589.11. Procedures for completion of each round of play. 589.12. Payout odds. 589.13. Irregularities. § 589.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Bet Wager—An additional wager that a player shall make if the player opts to remain in competition against the dealer after the player reviews his hand.
Draw—When a player exchanges between two and five of the cards held in his hand for an equal number of new cards from the deck or buys a sixth card.
Fold—The withdraw of a player from a round of play by refusing to make a Bet Wager.
Options fee—An additional payment made by a player to draw an additional card or cards or to force the dealer to try to qualify.
Super Wager—An optional wager that a player shall make to play against a posted paytable.
§ 589.2. Lunar Poker table physical characteristics.
(a) Lunar Poker shall be played at a table having betting positions for no more than five 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 Lunar Poker 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) Two separate betting areas designated for the placement of the Ante and Bet Wagers for each player.
(3) A separate area designated for the placement of the player's Options fees for each player. The Options area must be inscribed with the following:
(i) Exchange 2-5 cards.
(ii) Buy a 6th Card.
(iii) Force the Dealer.
(4) If the certificate holder offers the optional Super Wager authorized under § 589.7(c)(2) (relating to wagers), a separate area designated for the placement of the Super Wager for each player.
(5) Inscriptions that advise patrons of the payout odds or amounts for all permissible wagers offered by the certificate holder. If 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 Lunar Poker table.
(6) Inscriptions that advise patrons of the following:
(i) Dealer qualifies with an ace-king or better.
(ii) Instant payout for a royal flush or straight flush on the first five cards dealt to the player.
(7) If the information in paragraph (6) is not on the layout, a sign which sets forth the required information shall be posted at each Lunar Poker table.
(c) Each Lunar Poker 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 Lunar Poker table must have a discard rack securely attached to the top of the dealer's side of the table.
§ 589.3. Cards; number of decks.
(a) Except as provided in subsection (b), Lunar Poker 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, Lunar Poker 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 included 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 are 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 are placed in the discard rack at any given time.
(c) The decks of cards used in Lunar Poker 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.
§ 589.4. 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 arriving at the table has been 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 § 589.5 (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.
§ 589.5. 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 a 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 automated shuffling 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 § 589.8, § 589.9 or § 589.10 (relating to procedure for dealing the cards from a manual dealing shoe; procedure 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 or were preshuffled, 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 any 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 Lunar Poker 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 § 589.4(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 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 (d)—(f) do not apply.
§ 589.6. Lunar Poker rankings.
(a) The rank of the cards used in Lunar Poker, in order of highest to lowest rank, shall be: ace, king, queen, jack, 10, 9, 8, 7, 6, 5, 4, 3 and 2. Notwithstanding the foregoing, an ace may be used to complete a straight flush or a straight with a 2, 3 and 4 but may not be combined with any other sequence of cards (for example: king, ace, 2 and 3). All suits shall be equal in rank.
(b) The permissible Poker hands in the game of Lunar Poker, in order of highest to lowest rank, shall be:
(1) A royal flush, which is a hand consisting of an ace, king, queen, jack and 10 of the same suit.
(2) A straight flush, which is a hand, other than a royal flush, consisting of five cards of the same suit in consecutive ranking, with king, queen, jack, 10 and 9 being the highest ranking straight flush and ace, 2, 3, 4 and 5 being the lowest ranking straight flush.
(3) A four-of-a-kind, which is a hand consisting of four cards of the same rank, with four aces being the highest ranking four-of-a-kind and four 2s being the lowest ranking four-of-a-kind.
(4) A full house, which is a hand consisting of a three-of-a-kind and a pair, with three aces and two kings being the highest ranking full house and three 2s and two 3s being the lowest ranking full house.
(5) A flush, which is a hand consisting of five cards of the same suit, not in consecutive order, with ace, king, queen, jack and 9 being the highest ranking flush and 2, 3, 4, 5 and 7 being the lowest ranking flush.
(6) A straight, which is a hand consisting of five cards of more than one suit and of consecutive rank, with an ace, king, queen, jack and 10 being the highest ranking straight and an ace, 2, 3, 4 and 5 being the lowest ranking straight.
(7) A three-of-a-kind, which is a hand consisting of three cards of the same rank, with three aces being the highest ranking three-of-a-kind and three 2s being the lowest ranking three-of-a-kind.
(8) Two pairs, which is a hand consisting of two pairs, with two aces and two kings being the highest ranking two pair and two 3s and two 2s being the lowest ranking two pair.
(9) A pair, which is a hand consisting of two cards of the same rank, with two aces being the highest ranking pair and two 2s being the lowest ranking pair.
(10) An ace-king, which is a hand consisting of an ace and king in any suit.
(c) When comparing two Poker hands that are of identical rank under subsection (b), or that contain none of the hands listed in subsection (b), the hand that contains the highest ranking card under subsection (a), which is not in the other hand, shall be considered the higher ranking hand. If the hands are of equal rank after the application of this section, the hands shall be considered a tie.
(d) If the certificate holder is offering the optional Super Wager authorized under § 589.7(c)(2) (relating to wagers) the five-card Poker hands eligible for a payout are:
(1) A four-of-a-kind, which is a hand consisting of four cards of the same rank.
(2) A same-colored straight, which is a hand consisting of five cards of more than one suit and of consecutive rank and color.
(3) A full house, which is a hand consisting of a three-of-a-kind and a pair.
(4) A flush, which is a hand consisting of five cards of the same suit, not in consecutive order.
(5) A straight, which is a hand consisting of five cards of more than one suit and of consecutive rank.
(6) A three-of-a-kind, which is a hand consisting of three cards of the same rank, with three aces being the highest ranking three-of-a-kind and three 2s being the lowest ranking three-of-a-kind.
(7) An ace-king, which is a hand consisting of an ace and king in any suit.
(8) Same colored five, which is a hand consisting of five cards of the same color.
§ 589.7. Wagers.
(a) Wagers at Lunar Poker shall be made by placing value chips, plaques or other Board-approved wagering instruments on the appropriate areas of the table layout. Verbal wagers accompanied by cash may not be accepted.
(b) Only players who are seated at a Lunar Poker 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) The following wagers may be placed in the game of Lunar Poker:
(1) A player shall compete against the dealer's five-card Poker hand by placing both an Ante Wager, then a Bet Wager in accordance with § 589.11(b) or (d) (relating to procedures for completion of each round of play).
(2) In addition to the Ante and Bet Wagers, a player may compete against a posted paytable by placing an optional Super Wager.
(d) The Ante and Super Wagers shall be placed prior to the dealer announcing ''no more bets'' in accordance with the dealing procedures in § 589.8, § 589.9 or § 589.10 (relating to procedure for dealing the cards from a manual dealing shoe; procedure for dealing the cards from the hand; and procedures for dealing the cards from an automated dealing shoe). Except as provided in § 589.11(b) and (d), a wager may not be made, increased or withdrawn after the dealer has announced ''no more bets.''
(e) A player may not wager on more than one player position at a Lunar Poker table.
§ 589.8. Procedure 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 § 589.5 (relating to shuffle and cut of the cards) have been completed, the stacked deck of cards shall be placed in the dealing shoe by the dealer or by the automated card shuffling device.
(b) The dealer shall announce ''no more bets'' and begin dealing the cards. Each card shall be removed from the dealing shoe with the hand of the dealer that is closest to the dealing shoe and placed face down on the appropriate area of the layout with the opposite hand.
(c) Starting with the player farthest to the dealer's left and continuing around the table in a clockwise manner, the dealer shall deal one card at a time to each player who placed an Ante Wager and to the dealer until each player and the dealer have five cards. The last card of the dealer shall be turned face up on the layout.
§ 589.9. Procedure 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 § 589.5 (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 and Ante Wager and to the dealer until each player and the dealer have five cards. The last card of the dealer shall be turned face up on the layout.
§ 589.10. 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 § 589.5 (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. 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 dealer. The last card of the dealer shall be turned face up on the layout.
§ 589.11. Procedures for completion of each round of play.
(a) After the dealing procedures required under § 589.8, § 589.9 or § 589.10 (relating to procedure for dealing the cards from a manual dealing shoe; procedure 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 Lunar Poker shall be responsible for his own hand 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) After the dealer announces ''all decisions are locked in,'' a player may not amend his decision to fold or increase, decrease or place any Bet Wager or Options fee except as provided in subsection (d).
(b) After five cards have been dealt to each player, the player shall examine his cards. Each player shall then elect to:
(1) Fold.
(2) Place a Bet Wager equal to twice the amount of the player's Ante Wager provided that if any player's hand contains a royal flush or a straight flush the player shall not place a Bet Wager but shall declare the hand and reveal his cards by placing them face up on the layout. A player with a royal flush or straight flush shall be paid an instant payout as provided in subsection (c).
(3) Place an Options fee, equal to the player's Ante Wager, to buy a sixth card or draw and exchange between two and five of the player's cards.
(c) After all players have either folded, placed a Bet Wager or Options fee, the dealer shall announce ''all decisions are locked in.'' Beginning with the player to the dealer's left and moving clockwise around the table, the dealer shall then settle any instant payout for a royal flush or straight flush and each player's Super Wager, if applicable, as follows:
(1) If a player's hand contains a royal flush or a straight flush in the first five cards dealt:
(i) The dealer shall pay an instant payout on the player's Ante Wager in accordance with § 589.12(a) (relating to payout odds) provided that if a player does not declare and reveal a winning hand before any other cards are dealt, the player will not be eligible for the instant payout.
(ii) And the player:
(A) Did not place a Super Wager, after paying the instant payout, the dealer shall immediately collect the player's cards and place them in the discard rack.
(B) Placed a Super Wager, the wager shall be settled in accordance with paragraph (2)(ii).
(2) If a player placed a Super Wager:
(i) And the player's five-card hand does not contain a same colored five or better, as described in § 589.6(d) (relating to Lunar Poker rankings), or the player does not declare and reveal a winning hand, the dealer shall collect the player's Super Wager and the player shall continue play in accordance with subsection (d).
(ii) And the player's five-card hand contains a same colored five or better, as described in § 589.6(d), the player shall declare the hand and place his cards face up on the layout. If a player's hand contains a royal flush or a straight flush, the winning hand shall be considered a same-colored straight. The dealer shall payout out the winning Super Wager for the highest ranking hand in accordance with § 589.12(b). If a player's hand:
(A) Was eligible for both the instant payout, in accordance with paragraph (1), and the Super Wager payout, after paying the player's instant and Super Wager payouts, the dealer shall immediately collect the player's cards and place them in the discard rack.
(B) Was not otherwise eligible for the instant payout in accordance with paragraph (1), the player shall continue play in accordance with subsection (d).
(d) After settling the instant payouts and Super Wagers, if applicable, beginning with the player to the dealer's left and moving clockwise around the table:
(1) For any player who did not make a Bet Wager and folded, the dealer shall collect the player's Ante Wager and place the player's cards in the discard rack.
(2) For any player who placed an Options fee equal to the player's Ante Wager:
(i) The dealer shall collect the Options fee and:
(A) If the player elects to buy the sixth card, the dealer shall deal one additional card.
(B) If the player elects to exchange cards, the player shall discard between two and five cards, which will thereafter be replaced by dealer with the same number of cards from the deck.
(ii) After dealing the additional cards, the player shall create the best possible five-card Poker hand.
(iii) The dealer shall then ask the player if the player would like to fold and forfeit the player's Ante Wager or place a Bet Wager equal to twice the amount of the player's Ante Wager.
(iv) If the player does not make a Bet Wager and forfeits his Ante Wager, the dealer shall collect the Ante Wager and place the player's cards in the discard rack.
(e) After all players have either folded or placed a Bet Wager, the dealer shall reveal the dealer's cards and form the highest ranking five-card Poker hand. If the dealer's hand:
(1) Qualifies with an ace-king or better, as provided in § 589.6(b), starting with the player farthest to the dealer's right and continuing around the table in a counterclockwise direction, the dealer shall turn the cards of each player who placed a Bet Wager face up on the layout, if applicable, and form the highest ranking five-card Poker hand. If the dealer's highest ranking five-card Poker hand is:
(i) Higher in rank than the player's five-card Poker hand, as provided in § 589.6(b), the dealer shall collect the player's Ante and Bet Wagers and place the player's cards in the discard rack.
(ii) Lower in rank than the player's five-card Poker hand, as provided in § 589.6(b), the dealer shall return the player's Ante Wager and pay the winning Bet Wager in accordance with § 589.12(c). If a player's winning hand also contains a second Poker combination where at least one card in the second combination was not included in the winning combination, the dealer shall pay the winning Bet Wager in accordance with § 589.12(c) for the second Poker combination. For example, if a player's winning hand contained two aces, a king, 8 and 9, the player would be paid out for the pair of aces that beat the dealer's hand but would also be paid out for the ace-king. If a player purchased a sixth card, all six cards may be considered for purposes of the second payout.
(iii) Equal in rank with the dealer's hand, as provided in § 589.6(b), the dealer shall return the player's Ante and Bet Wagers.
(2) Does not qualify with an ace-king or better, as provided in § 589.6(b), each player shall have the option to force the dealer to try to qualify. If any player:
(i) Does not elect to force the dealer to try to qualify by placing an Options fee, the dealer shall return the player's Bet Wager, pay the player's Ante Wager in accordance with § 589.12(d) and place the player's cards in the discard rack.
(ii) Elects to force the dealer to try to qualify, the player shall place an Options fee equal to the player's Ante Wager on the layout. After settling the Ante and Bet Wagers for any players who did not force the dealer to try to qualify as provided in subparagraph (i), the dealer shall collect any Options fees placed, discard the highest ranking card from the dealer's hand and replace it with a card from the deck. The dealer shall form the highest ranking five-card Poker hand. If the dealer's hand:
(A) Does not qualify with an ace-king or better, as provided in § 589.6(b), the dealer shall return each player's Ante and Bet Wagers and place the player's cards in the discard rack.
(B) Qualifies with an ace-king or better, as provided in § 589.6(b), starting with the player farthest to the dealer's right and continuing around the table in a counterclockwise direction, the dealer shall turn the cards of each player who placed a Bet Wager face up on the layout, if applicable, and form the highest ranking five-card Poker hand. If the dealer's highest ranking five-card hand is:
(I) Higher in rank than the player's five-card Poker hand, as provided in § 589.6(b), the dealer shall collect the player's Ante and Bet Wagers and place the player's cards in the discard rack.
(II) Lower in rank than the player's five-card Poker hand, as provided in § 589.6(b), the dealer shall return the player's Ante Wager and pay the winning Bet Wager in accordance with § 589.12(c). If a player's winning hand also contains a second Poker combination where at least one card in the second combination was not included in the winning combination, the dealer shall pay the winning Bet Wager in accordance with § 589.12(c) for the second Poker combination. For example, if a player's winning hand contained two aces, a king, 8 and 9, the player would be paid out for the pair of aces that beat the dealer's hand but would also be paid out for the ace-king. If a player purchased a sixth card, all six cards may be considered for purposes of the second payout.
(III) Equal in rank with the dealer's hand, the dealer shall return the player's Ante and Bet Wagers.
(f) After all wagers have been settled, the dealer shall remove any remaining cards from the table and place them in the discard rack in a manner that permits the reconstruction of each hand in the event of a question or dispute.
(g) 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 cards at least once after 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 by counting the cards face down on the layout. If the count indicates:
(1) That 52 cards are in the deck, the dealer shall place the cards in the discard rack.
(2) That 52 cards are not in the deck, the entire deck of cards shall be removed from the table.
§ 589.12. Payout odds.
(a) The certificate holder shall pay an instant payout on a player's Ante Wager in accordance with 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 Paytable C Paytable D Royal flush 1,500 to 1 1,500 to 1 1,500 to 1 1,200 to 1 Straight flush 500 to 1 400 to 1 300 to 1 400 to 1
Hand Paytable E Paytable F Paytable G Paytable H Royal flush 1,200 to 1 1,000 to 1 800 to 1 600 to 1 Straight flush 300 to 1 300 to 1 300 to 1 300 to 1 (b) A certificate holder shall pay the player's winning Super 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:
Hand Paytable A Paytable B Paytable C Four-of-a-kind 250 to 1 250 to 1 250 to 1 Same-colored straight 150 to 1 150 to 1 150 to 1 Full house 100 to 1 100 to 1 100 to 1 Flush 60 to 1 60 to 1 60 to 1 Straight 30 to 1 30 to 1 30 to 1 Three-of-a-kind 8 to 1 8 to 1 7 to 1 Ace-king 6 to 1 5 to 1 6 to 1 Same colored five 2 to 1 2 to 1 2 to 1
(c) A player placing a Bet Wager shall be paid at the following odds:
Hand Payout Royal flush 100 to 1 Straight flush 50 to 1 Four-of-a-kind 20 to 1 Full house 7 to 1 Flush 5 to 1 Straight 4 to 1 Three-of-a-kind 3 to 1 Two pair 2 to 1 One pair 1 to 1 Ace-king 1 to 1 (d) A certificate holder shall pay each winning Ante Wager at odds of 1 to 1.
§ 589.13. 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 any of the dealer's cards that are dealt face down on the layout are inadvertently exposed prior to each player having either folded or placed a Bet Wager as provided under § 589.11 (relating to procedures for completion of each round of play), all hands shall be void, all wagers shall be returned to the players and the cards shall be reshuffled.
(e) 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.
(f) 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.
(g) 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. 13-2261. Filed for public inspection December 6, 2013, 9:00 a.m.]
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