[50 Pa.B. 4248]
[Saturday, August 22, 2020]
[Continued from previous Web Page]
CHAPTER 815a. INTERACTIVE GAMING SELF-EXCLUDED PERSONS Sec.
815a.1. Scope. 815a.2. Definitions. 815a.3. Requests for interactive gaming self-exclusion. 815a.4. Interactive gaming self-exclusion list. 815a.5. Certificateholder and operator duties. 815a.6. Removal from the interactive gaming self-exclusion list. 815a.7. Exceptions for individuals on the interactive gaming self-exclusion list. 815a.8. Disclosures of information related to persons on the self-exclusion list. § 815a.1. Scope.
The purpose of this chapter is to provide players with a process to self-exclude from interactive gaming activities in this Commonwealth and detail the process by which individuals may exclude themselves from interactive gaming activity and restore their ability to participate in interactive gaming activity in this Commonwealth.
§ 815a.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Fully executed gaming transaction—An activity involving interactive gaming or interactive sports wagering occurring in this Commonwealth which results in an individual obtaining any money or thing of value from or being owed any money or thing of value by an interactive gaming certificateholder or interactive gaming operator.
Gaming activity—The play of interactive gaming or interactive sports wagering including play during contests, tournaments or promotional events.
Gaming related activity—An activity related to interactive gaming or interactive sports wagering including applying for player club memberships or credit, cashing checks or accepting a complimentary gift, service, promotional item or other thing of value from an interactive gaming certificateholder, interactive gaming operator or an affiliate thereof.
Interactive gaming self-excluded person—A person whose name and identifying information is included, at the person's own request, on the interactive gaming self-exclusion list maintained by the Board.
Interactive gaming self-exclusion list—A list of names and identifying information of persons who, under this chapter, have voluntarily agreed to be:
(i) Excluded from engaging in interactive gaming or interactive sports wagering in this Commonwealth.
(ii) Prohibited from collecting any winnings or recovering any losses resulting from interactive gaming or interactive sports wagering activity in this Commonwealth.
Winnings—Any money or thing of value received from, or owed by, an interactive gaming certificateholder or interactive gaming operator as a result of a fully executed gaming transaction.
§ 815a.3. Requests for interactive gaming self-exclusion.
(a) A person requesting placement on the interactive gaming self-exclusion list shall submit a completed Request for Voluntary Self-Exclusion from Gaming Activities Form to the Board by one of the following methods:
(1) Electronically on the Board's web site.
(2) In person by scheduling an appointment at the Board's Harrisburg office, one of the Board's other offices or at a licensed facility. To make an appointment, a person shall contact the OCPG at (717) 346-8300 or problemgambling@pa.gov.
(b) A request for interactive gaming self-exclusion must include all of the following identifying information:
(1) Name, including any aliases or nicknames.
(2) Date of birth.
(3) Address of current residence.
(4) Telephone number.
(5) Social Security number, when voluntarily provided in accordance with section 7 of the Privacy Act of 1974 (5 U.S.C.A. § 552a). At a minimum, the last 4 digits of the Social Security number must be provided.
(6) Physical description of the person, including height, gender, hair color, eye color and any other physical characteristic that may assist in the identification of the person.
(c) The information provided in subsection (b) shall be updated by the interactive gaming self-excluded person within 30 days of a change. Updated information shall be submitted on a Change of Information Form to the following address. A copy of the form can be obtained by calling the OPCG at (717) 346-8300, by e-mail at problemgambling@pa.gov, or by writing to:
PENNSYLVANIA GAMING CONTROL BOARD
OFFICE OF COMPULSIVE AND
PROBLEM GAMBLING
P.O. BOX 69060
HARRISBURG, PA 17106-9060(d) The length of interactive gaming self-exclusion requested by a person must be one of the following:
(1) One year (12 months).
(2) Five years.
(3) Lifetime.
(e) A request for self-exclusion from interactive gaming activities in this Commonwealth must include a signed release which:
(1) Acknowledges that the request for interactive gaming self-exclusion has been made voluntarily.
(2) Certifies that the information provided in the request for interactive gaming self-exclusion is true and accurate.
(3) Acknowledges that the individual requesting interactive gaming self-exclusion is or may be a problem gambler.
(4) Acknowledges that a person requesting a lifetime exclusion may only request removal from the interactive gaming self-exclusion list in accordance with the procedures set forth in § 815a.6 (relating to removal from the interactive gaming self-exclusion list) and that a person requesting a 1-year or 5-year exclusion will remain on the interactive gaming self-exclusion list until the period of exclusion expires.
(5) Acknowledges that if the individual is discovered participating in interactive gaming, that the individual's interactive gaming account will be suspended and the individual's winnings will be subject to confiscation and remittance to support compulsive and problem gambling programs.
(6) Releases, indemnifies, holds harmless and forever discharges the Commonwealth, the Board and all interactive gaming certificateholders or interactive gaming operators from claims, damages, losses, expenses or liability arising out of, by reason of or relating to the self-excluded person or to any other party for any harm, monetary or otherwise, which may arise as a result of one or more of the following:
(i) The failure of an interactive gaming certificate- holder or interactive gaming operator to withhold interactive gaming privileges from or restore interactive gaming privileges to an interactive gaming self-excluded person.
(ii) Otherwise permitting or not permitting an interactive gaming self-excluded person to engage in interactive gaming activities in this Commonwealth while on the list of interactive gaming self-excluded persons.
(iii) Confiscation of the individual's winnings.
(f) A person submitting an interactive gaming self-exclusion request shall present or submit electronically a copy of that person's valid government-issued identification containing the person's signature and photograph when the person submits the request, or if the person does not possess a valid government-issued identification, some other documentation to verify the identity of the person (for example, a utility or other bill in the person's name at the same address provided).
(g) A person requesting self-exclusion under this chapter shall upload a photo of his current valid government-issued photo identification during self-exclusion enrollment.
§ 815a.4. Interactive gaming self-exclusion list.
(a) The Board will maintain the official interactive gaming self-exclusion list and will make all necessary additions or deletions within 5 business days of the verification of the information received under § 815a.3 (relating to requests for interactive gaming self- exclusion) and shall make the interactive gaming self-exclusion list available to interactive gaming certificateholders and interactive gaming operators electronically by means of the Board's self-exclusion system.
(b) The information made available to interactive gaming certificateholder and interactive gaming operators by means of the Board's self-exclusion system will include the following information concerning a person who has been added to the interactive gaming self-exclusion list:
(1) Name, including any aliases or nicknames.
(2) Date of birth.
(3) Address of current residence.
(4) Telephone number.
(5) Social Security number, when voluntarily provided by the person requesting interactive gaming self-exclusion under section 7 of the Privacy Act of 1974 (5 U.S.C.A. § 552a). At a minimum, the last 4 digits of the Social Security number will be provided.
(6) Physical description of the person, including height, gender, hair color, eye color and other physical characteristic, that may assist in the identification of the person.
(c) The information made available to interactive gaming certificateholders and interactive gaming operators by the Board concerning a person whose name has been removed from the interactive gaming self-exclusion list will include the name and date of birth of the person.
(d) An interactive gaming certificateholder and interactive gaming operator shall maintain a copy of the interactive gaming self-exclusion list and establish procedures to ensure that the copy of the interactive gaming self-exclusion list is updated at least every 2 business days with the information made available by means of the Board's self-exclusion system and that all appropriate employees and agents of the interactive gaming certificateholder or interactive gaming operator are notified of any additions to or deletions from the list.
(e) Information furnished to or obtained by the Board under this chapter will be deemed confidential and will not be disclosed except in accordance with this chapter.
(f) Interactive gaming certificateholders or interactive gaming operators, employees or agents thereof may not disclose the name of, or any information about, a person who has requested self-exclusion from interactive gaming to anyone other than employees and agents of the interactive gaming certificateholder or interactive gaming operator whose duties and functions require access to the information. Notwithstanding the foregoing, an interactive gaming certificateholder or interactive gaming operator may disclose the identity of an interactive gaming self-excluded person to appropriate employees of affiliated gaming entities in this or other jurisdictions for the limited purpose of assisting in the proper administration of responsible gaming programs.
(g) An interactive gaming self-excluded person may not collect in any manner or in any proceeding any winnings or recover any losses arising as a result of any interactive gaming activity for the entire period of time that the person is on the Board's interactive gaming self-exclusion list.
(h) Winnings incurred by an interactive gaming self-excluded person shall be remitted to the Board to support compulsive and problem gambling programs of the Board.
(i) For the purposes of this section, winnings issued to, found on or about or redeemed by an interactive gaming self-excluded person's interactive gaming account shall be presumed to constitute winnings subject to remittance to the Board.
§ 815a.5. Certificateholder and operator duties.
(a) An interactive gaming certificateholder or interactive gaming operator shall train its employees and establish procedures to do all of the following:
(1) Refuse wagers from and deny gaming privileges to an interactive gaming self-excluded person.
(2) Deny gaming related activities and benefits to an interactive gaming self-excluded person.
(3) Ensure that interactive gaming self-excluded persons do not receive, either from the interactive gaming certificateholder, interactive gaming operator or any agent thereof, targeted mailings, telemarketing promotions, player club materials or other promotional materials relating to interactive gaming activities.
(4) Make available to patron's materials explaining the interactive gaming self-exclusion program.
(b) An interactive gaming certificateholder or interactive gaming operator shall submit a copy of its procedures and training materials established under this subsection to the Director of the Office of Compulsive and Problem Gaming (OCPG) for review and approval at least 30 days prior to initiation of interactive gaming activities on interactive gaming sites. The interactive gaming certificateholder or interactive gaming operator will be notified in writing of any deficiencies in the procedures and training materials and may submit revisions to the procedures and training materials to the Director of the OCPG. An interactive gaming certificateholder or interactive gaming operator may not commence operations until the Director of the OCPG approves the procedures and training.
(c) An interactive gaming certificateholder or interactive gaming operator shall submit amendments to the procedures and training materials required under this subsection to the Director of the OCPG for review and approval at least 30 days prior to the intended implementation date of the amendments. The interactive gaming certificateholder or interactive gaming operator may implement the amendments on the 30th calendar day following the filing of the amendments unless the interactive gaming certificateholder or interactive gaming operator receives a notice under this subsection objecting to the amendments.
(d) If during the 30-day review period the Director of the OCPG determines that the amendments to the procedures and training materials may not promote the prevention of interactive gaming by self-excluded individuals or assist in the proper administration of the interactive gaming self-exclusion program, the Director of the OCPG may, by written notice to the interactive gaming certificateholder or interactive gaming operator, object to the amendments. The objection will:
(1) Specify the nature of the objection and, when possible, an acceptable alternative.
(2) Direct that the amendments not be implemented until approved by the Director of the OCPG.
(e) When the amendments to the procedures and training materials have been objected to under this subsection, the interactive gaming certificateholder or interactive gaming operator may submit revised amendments in accordance with this subsection (c).
(f) The list of interactive gaming self-excluded persons is confidential, and any distribution of the list to an unauthorized source constitutes a violation of the act.
(g) Under section 1516 of the act (relating to list of persons self-excluded from gaming activities), interactive gaming certificateholders and interactive gaming operators and employees thereof may not be liable for damages in any civil action, which is based on the following:
(1) Failure to withhold gaming privileges from or restore gaming privileges to an interactive gaming self-excluded person.
(2) Permitting or not permitting an interactive gaming self-excluded person to gamble.
(3) Good faith disclosure of the identity of an interactive gaming self-excluded person to someone, other than those authorized by this chapter, for the purpose of complying with this chapter.
(g) An interactive gaming certificateholder or interactive gaming operator shall report the discovery of an interactive gaming self-excluded person that did or attempt to engage in interactive gaming related activities to the Director of the OCPG within 24 hours.
§ 815a.6. Removal from the interactive gaming self-exclusion list.
(a) For individuals who are on the interactive gaming self-exclusion list for 1 year or 5 years, upon the conclusion of the period of self-exclusion, the individual will be removed from the interactive gaming self-exclusion list without further action on his part.
(b) For individuals who have elected to be interactive gaming self-excluded for less than lifetime, the individual may be removed from the interactive gaming self-exclusion list if all of the following has occurred:
(1) The individual has filed a petition with the Board's Office of Hearings and appeals requesting to be removed from the interactive gaming self-exclusion list.
(2) The individual has presented facts and circumstances which, in the Board's discretion, demonstrate a compelling reason for the Board to grant early removal from the interactive gaming self-exclusion list.
(3) The Board has found by a preponderance of the evidence that the person should be removed from the interactive gaming self-exclusion list and issues an order to that effect.
(c) For individuals who selected lifetime interactive gaming self-exclusion under § 815a.3(d)(3) (relating to requests for interactive gaming self-exclusion):
(1) After being on the interactive gaming self-exclusion list for a period of 10 years, the individual may petition the Board to be removed from the interactive gaming self-exclusion list.
(2) The petition shall be filed with the Board in writing, and shall be accompanied by all of the following:
(i) Documentation from a treatment provider who is certified by the International Gambling Counselor Certification Board or who has received a Problem Gambling Endorsement from the Pennsylvania Certification Board to conduct problem gambling assessments that the individual has completed a problem gambling assessment.
(ii) Documentation from a treatment provider that the individual has completed the treatment recommendation, if any, made after the assessment by the state-funded problem gambling treatment provider.
(3) After the petition is filed, OCPG will provide documentation to the Office of Enforcement Counsel regarding whether the individual has been known to engage in or attempt to engage in interactive gaming while self-excluded, including dates and times.
(4) The petition shall be handled in accordance with the procedures for petitions found in Subpart H of the Board's regulations, including all confidentiality provisions.
(5) As the petitioner, the interactive gaming self-excluded individual filing the petition for removal from the interactive gaming self-exclusion list bears the burden of proof in showing that removal from the list would not be detrimental to the individual's physical or mental well-being and would not have a negative impact on gaming in the Commonwealth.
(6) If the Board:
(i) Grants the petition, it shall deliver to the individual by first class mail an Order approving the petition for removal from the interactive gaming self-exclusion list, and provide to the individual the contact information for OCPG for information on how to complete the removal process.
(ii) Denies the petition, it shall deliver to the individual by first class mail an Order denying the petition for removal from the interactive gaming self-exclusion list, which shall notify the individual that he or she shall remain on the interactive gaming self-exclusion list.
(7) Any petitioner whose petition is denied by the Board shall be prohibited from filing a subsequent petition for removal from the lifetime interactive gaming self-exclusion list for a period of five years from the date of denial.
§ 815a.7. Exceptions for individuals on the interactive gaming self-exclusion list.
The prohibition against allowing interactive gaming self-excluded persons to engage in activities related to interactive gaming does not apply to an individual who is on the interactive gaming self-exclusion list if all of the following apply:
(1) The individual is carrying out the duties of employment or incidental activities related to employment.
(2) The individual does not otherwise engage in any interactive gaming activities.
§ 815a.8. Disclosures of information related to persons on the self-exclusion list.
(a) The Board may periodically release to the public demographics and general information regarding the interactive gaming self-exclusion lists such as the total number of individuals on the list, gender breakdown and age range.
(b) The Board may make selected data available, upon request, for the limited purpose of assisting in the proper administration of responsible gaming programs.
(c) The Board will not disclose identifying information or confirm or deny the existence of an individual's name on the Board's interactive gaming self-exclusion lists.
CHAPTER 816a. INTERACTIVE GAMING
LIVE STUDIOSec.
816a.1. Live studio simulcasting. 816a.2. Submission of game rules for approval. § 816a.1. Live studio simulcasting.
(a) An interactive gaming certificateholder or interactive gaming operator shall obtain Board approval to simulcast authorized table games.
(b) An interactive gaming certificateholder or interactive gaming operator shall obtain Board approval for the location of its proposed live simulcast studio.
(c) An entity producing, hosting, offering or otherwise providing live studio services shall be licensed by the Board prior to providing live studio services.
(d) An interactive gaming certificateholder or interactive gaming operator seeking to offer live studio simulcasting, as well as the entity producing, hosting, offering or otherwise providing live studio services, shall adhere to § 465a.9 (relating to surveillance system; surveillance department control; surveillance department restrictions), Chapter 611a (relating to table game minimum training standards) and game approval as set forth in this chapter.
(e) Table game simulcasting must utilize a simulcast control server for the purpose of recording all wagering activity and game results. The simulcast control server must do all of the following:
(1) Provide the player with real time visual access to the live game being played.
(2) Prevent anyone from accessing the wagering outcome prior to finalizing a wager.
(3) Record dealer-verified game results before posting.
(4) Be equipped with a mechanism to void game results, if necessary.
(f) All of the following information, at a minimum, must be readily available on an interactive gaming certificateholder's or interactive gaming operator's skin/web site before a player begins play and at all times during play:
(1) The table number and location.
(2) The table minimum and maximum wagers.
(3) The number of decks used, if applicable.
(4) Dealer actions, if applicable.
(5) The amount wagered.
(6) The game outcome.
(7) Vigorish amount, if applicable.
(8) Payout odds, when applicable.
(9) The amount won or lost.
§ 816a.2. Submission of game rules for approval.
(a) Prior to offering a live studio table game authorized under this subpart governing interactive gaming in this Commonwealth, the interactive gaming certificateholder or interactive gaming operator shall submit and obtain approval of a Rules Submission which specifies which options the interactive gaming certificateholder or interactive gaming operator will use in the conduct of the live studio table game.
(b) The initial Rules Submission for any live studio interactive game and any amendment to the Rules Submission shall be submitted electronically to the Bureau of Gaming Operations using the form specified on the Board's web site at www.gamingcontrolboard.pa.gov.
(c) An interactive gaming certificateholder or interactive gaming operator may implement the provisions in a Rules Submission upon receipt of written notice of approval from the Board's Executive Director or on the 15th calendar day following the filing of the Rules Submission unless the interactive gaming certificateholder or interactive gaming operator receives written notice under subsection (d) tolling the Rules Submission or written notice of disapproval from the Board's Executive Director.
(d) If during the 15-day review period in subsection (c) the Bureau of Gaming Operations determines that a provision in the Rules Submission is inconsistent with the regulations for the conduct of that interactive game, the Bureau of Gaming Operations, by written notice to the interactive gaming certificateholder or interactive gaming operator, will:
(1) Specify the nature of the inconsistency and, when possible, an acceptable alternative procedure.
(2) Direct that the 15-calendar day review period in subsection (c) be tolled and that the Rules Submission not be implemented until approved under subsection (e).
(e) When a Rules Submission has been tolled under subsection (d), the interactive gaming certificateholder or interactive gaming operator may submit a revised Rules Submission within 15 days of receipt of the written notice from the Bureau of Gaming Operations. The interactive gaming certificateholder or interactive gaming operator may implement the revised Rules Submission upon receipt of written notice of approval from the Board's Executive Director or on the 15th calendar day following the filing of the revised Rule Submission unless the interactive gaming certificateholder or interactive gaming operator receives written notice under subsection (d) tolling the revised Rules Submission or written notice of disapproval from the Board's Executive Director.
(f) The current version of each Rules Submission of an interactive gaming certificateholder or interactive gaming operator shall be maintained and made available in electronic form through secure computer access to the internal audit and surveillance departments of the interactive gaming certificateholder or interactive gaming operator and the Board's casino compliance representatives and other Board employees. Each page of the Rules Submission must indicate the date on which it was approved by the Board's Executive Director.
(g) An interactives gaming certificateholder or interactive gaming operator shall maintain a copy, either in paper or electronic form, of any superseded Rules Submission for a minimum of 5 years.
CHAPTER 817a. INTERACTIVE GAMING COMMENCEMENT OF OPERATIONS Sec.
817a.1. Definitions. 817a.2. Commencement of operations generally. 817a.3. Interactive gaming skins. § 817a.1. Definitions.
The following terms, when used in this chapter, have the following meaning, unless the context clearly indicates otherwise:
Remote game server or remote game content—Interactive gaming system hardware and software separate from that which comprises the gaming platform which allows access to games or may drive the features common to game offerings, game configurations, random number generators, reporting, and the like. The registered player initially communicates directly with the interactive gaming platform which can be integrated with one or more remote game servers or include remote game content, or both.
§ 817a.2. Commencement of operations generally.
(a) Prior to the commencement of interactive gaming operations, an interactive gaming certificateholder or interactive gaming operator shall submit all of the following:
(1) Documentation verifying the platform and related information to include all of the following:
(i) Platform version number.
(ii) A list of all submitted games.
(iii) Documentation listing the entity that created the submitted games.
(iv) Certification that the system operates in accordance with Commonwealth law and regulations.
(v) A list of all critical files within the interactive gaming system.
(vi) A list of any remote game content providers that will work in conjunction with the submitted platform.
(2) Testing results for the platform as well as all games.
(3) Documentation that provides a detailed overview of the interactive gaming system including system architecture, encryption methods utilized, user roles and permission settings, configuration settings, and logical and physical security.
(4) Documentation that provides an overview of the random number generator which must include a method that allows for extraction of the random number generator values for statistical analysis.
(5) A list of devices that will work in conjunction with the submitted platform.
(6) Details regarding the location and security standards for the primary and secondary equipment as well as data warehouses, data safes and other system related equipment.
(7) Copies of signed contracts between the interactive gaming certificateholder or interactive gaming operator and any third party integrating with the submitted platform.
(8) Documentation demonstrating, to the satisfaction of Board staff, implementation of all accounting and internal controls governing all of the following:
(i) Age and identity verification procedures.
(ii) Geolocation compliance.
(iii) Procedures on establishing and maintaining player accounts.
(iv) Procedures for ensuring player confidentiality.
(v) Procedures for ensuring accurate and timely submission of revenue and tax information to the Department.
(vi) Procedures governing player complaints.
(vii) Procedures for compiling and maintaining all requisite reports and logs.
(viii) Procedures regarding player protection, including implementation of compulsive and problem gambling and self-exclusion links on the certificateholder's or operator's web site.
(b) Prior to commencement of operations, the interactive gaming certificateholder's or interactive gaming operator's employees required to be licensed or permitted by the Board shall be appropriately licensed or permitted and trained in the performance of their responsibilities.
(c) Prior to commencement of operations, the interactive gaming certificateholder or interactive gaming operator shall ensure that new and existing employees of the certificateholder and interactive gaming operator are regularly informed about the restrictions on placing wagers by the interactive gaming sites offered by or associated with the interactive certificateholder.
(d) Prior to commencement of operations, the interactive gaming certificateholder or interactive gaming operator shall have successfully completed a test period.
(e) The Board will establish a commencement date upon which interactive gaming may commence in this Commonwealth.
(f) All interactive gaming certificateholders and interactive gaming operators shall commence operations on the date established by the Board unless granted an extension by the Board, upon a showing of good cause by the interactive gaming certificateholder or interactive gaming operator, up to 12 months from that date. Failure to commence interactive gaming operations within the time directed by the Board may result in administrative sanctions up to and including revocation of the certificate or license to operate interactive gaming in this Commonwealth.
§ 817a.3. Interactive gaming skins.
(a) Under the act, the Board may issue an interactive gaming certificate to slot machine licensees to conduct interactive gaming in this Commonwealth, directly or through an interactive gaming operator acting on behalf of the interactive gaming certificateholder under the terms of an interactive gaming agreement that has been approved by the Board. For purposes of this subpart, ''slot machine licensee'' includes all Category 1, 2 and 3 slot machine licensees, and eligible qualified gaming entities.
(b) Under the act, the Board may authorize interactive gaming certificateholders or interactive gaming operators operating an interactive gaming system on behalf of an interactive gaming certificateholder to deploy interactive gaming skins or interactive gaming web sites, including through mobile applications, to facilitate the conduct of interactive gaming activities for registered players in this Commonwealth or registered players in any other state or jurisdiction which the Commonwealth has entered into an interactive gaming reciprocal agreement.
(c) Interactive gaming operators are not permitted to offer interactive games in this Commonwealth independent from an interactive gaming certificateholder and the interactive gaming certificateholder's webpage or the webpage of an entity within the interactive gaming certificateholder's organizational structure.
(d) Interactive gaming certificateholders and interactive gaming operators acting on behalf of an interactive gaming certificateholder may only offer interactive gaming in this Commonwealth through the interactive gaming certificateholder's webpage or mobile application or the webpage or mobile application of an entity within the interactive gaming certificateholder's organizational structure.
(e) Interactive gaming certificateholders and interactive gaming operators operating an interactive gaming system on behalf of an interactive gaming certificateholder shall obtain Board approval of all interactive gaming skins operated on behalf of the interactive gaming certificateholder for purposes of conducting interactive gaming in this Commonwealth.
(f) To ensure compliance with the act, a slot machine licensee or eligible qualified gaming entity shall petition for and obtain its own interactive gaming certificate to operate interactive gaming operations in this Commonwealth.
(g) Nothing in this section is intended to prohibit interactive gaming certificateholders from entering into interactive gaming operation agreements with multiple licensed interactive gaming operators to offer interactive games the Board has authorized the interactive gaming certificateholder to conduct.
(h) Nothing in this section is intended to prohibit interactive gaming operators from entering into interactive gaming operation agreements with multiple interactive gaming certificateholders to offer interactive games the Board has authorized the interactive gaming certificateholder to conduct.
(i) Nothing in this section is intended to prohibit interactive gaming certificateholders or interactive gaming operators operating an interactive gaming system on behalf of an interactive gaming certificateholder from conducting interactive gaming utilizing players registered in other jurisdictions with which the Commonwealth has entered into a reciprocal agreement permitting interstate interactive gaming.
CHAPTER 830a. MULTIUSE COMPUTING
DEVICE GAMING PROVISIONSSec.
830a.1. Scope. 830a.2. Board authorization required. 830a.3. Airport authority or concession operator agreements. 830a.4. Multiuse computing device gaming petition and standards of review. 830a.5. Multiuse computing device gaming fees and taxes. 830a.6. Licensure requirements. 830a.7. Multiuse computing device and gaming platform requirements. 830a.8. Multiuse computing device gaming accounting and internal controls; required reports. 830a.9. Eligible passengers; accounts; funding of play; withdrawals. 830a.10. Compulsive and problem gaming; self-exclusion. 830a.11. Commencement of multiuse computing device gaming. § 830a.1. Scope.
The purpose of this chapter is to govern the operation of interactive gaming at qualified airports through the use of multiuse computing devices in this Commonwealth. The provisions of 4 Pa.C.S. §§ 1101—1904 (relating to Pennsylvania Race Horse Development and Gaming Act) as amended by the act of October 30, 2017 (P.L. 419, No. 42), and the Board regulations promulgated thereunder shall apply when not in conflict with this chapter.
§ 830a.2. Board authorization required.
(a) Upon petition, the Board may authorize an interactive gaming certificateholder to provide for the conduct of interactive gaming, directly or indirectly through an interactive gaming operator under an interactive gaming agreement, at a qualified airport through the use of multiuse computing devices by eligible passengers in an airport gaming area.
(b) If the interactive gaming certificateholder intends to operate interactive gaming at a qualified airport through the use of multiuse computing devices under an interactive gaming agreement, the interactive gaming operator that is party to the interactive gaming agreement shall have been issued an interactive gaming license or will be issued an interactive gaming license prior to the commencement of operations.
(c) The interactive gaming agreement shall be subject to the review and approval of the Board.
(d) The interactive gaming certificateholder or interactive gaming operator may only offer on the interactive gaming system on the multiuse computing devices the categories of interactive gaming it has been authorized to offer under 4 Pa.C.S. § 13B11(a.2) (relating to authorization to conduct interactive gaming).
§ 830a.3. Airport authority or concession operator agreements.
(a) Prior to petitioning for authorization from the Board an interactive gaming certificateholder or interactive gaming operator on behalf of an interactive gaming certificateholder shall have in place an agreement as follows:
(1) For the conduct of interactive gaming at a qualified airport which is located partially in a county of the first class and partially in a county contiguous to a county of the first class, the written agreement shall be with either the airport authority or its designee or a concession operator, except that, if the written agreement is with a concession operator, the airport authority or its designee must have approved or consented to lawful gaming within the airport gaming area through the concession operator's concession contract, and the airport authority must have received a copy of the written agreement with the certificateholder or the interactive gaming operator.
(2) For the conduct of interactive gaming at a qualified airport which is not located partially within a county of the first class and partially in a county contiguous to a county of the first class, the written agreement shall be with the airport authority or its designee.
(b) The written agreement shall be subject to the review and approval of the Board.
§ 830a.4. Multiuse computing device gaming petition and standards of review.
(a) An interactive gaming certificateholder or interactive gaming operator on behalf of an interactive gaming certificateholder seeking to offer interactive gaming at a qualified airport through the use of multiuse computing devices in this Commonwealth that satisfies the requirements in 4 Pa.C.S. § 13B20 (relating to authorization) may petition the Board for authorization in accordance with this chapter.
(b) The petition filed by an interactive gaming certificateholder or interactive gaming operator on behalf of an interactive gaming certificateholder shall comply with the requirements of 4 Pa.C.S. § 13B20(c) and shall be in a form as proscribed by the Board.
(c) The Board shall approve the petition submitted under subsection (a) upon review and approval of the information submitted under subsection (b) and a determination by the Board by clear and convincing evidence that:
(1) The interactive gaming certificateholder and the interactive gaming operator, if applicable, have paid all required fees and taxes payable.
(2) The interactive gaming certificateholder, or the interactive gaming operator, as the case may be, possesses the necessary funds or has secured adequate financing to commence the conduct of interactive gaming at the qualified airport.
(3) The proposed internal and external security and surveillance measures at the qualified airport and within the airport gaming area are adequate.
(4) Interactive gaming at the qualified airport will be conducted and operated in accordance with this chapter.
§ 830a.5. Multiuse computing device gaming fees and taxes.
(a) Upon authorization from the Board to conduct interactive gaming at a qualified airport through the use of multiuse computing devices, an interactive gaming certificateholder or interactive gaming operator shall pay a one-time, nonrefundable fee, which upon receipt by the Board shall be deposited in the General Fund.
(b) The amount of the authorization fee paid shall be as provided for in 4 Pa.C.S. § 13B20.3 (relating to fee).
(c) An interactive gaming certificateholder or interactive gaming operator authorized to conduct interactive gaming at a qualified airport shall report to the Department of Revenue and pay the multiuse gaming device tax and multiuse gaming device local share assessment as required by the Act on the gross interactive airport gaming revenue from multiuse computing devices in qualified airports.
§ 830a.6. Licensure requirements.
(a) Any interactive gaming operator, interactive gaming manufacturer, interactive gaming supplier or interactive gaming service provider seeking to participate in the conduct of interactive gaming through the use of multiuse computing devices by eligible passengers in an airport gaming area shall have been issued a license, certification, registration or other authorization from the Board to participate in interactive gaming in accordance with Chapters 803a (relating to interactive gaming operators) and 805a—807a (relating to interactive gaming manufacturer; interactive gaming supplier; and interactive gaming service providers). For purposes of this section, a concession operator shall be licensed as an interactive gaming supplier.
(b) Any interactive gaming principal, interactive gaming key employee or interactive gaming employee seeking to participate in the conduct of interactive gaming through the use of multiuse computing devices by eligible passengers in an airport gaming area shall have been issued a license, permit, registration or other authorization from the Board in accordance with Chapter 808a (relating to interactive gaming principals and key, gaming and nongaming employees).
(c) Any employee of a concession operator as defined in the Act and this subpart whose job duties include oversight, management, maintenance or other tasks involving interactive gaming through multiuse computing devices at a qualified airport, including but not limited to handling player complaints, providing player assistance or supervising play on the multiuse computing devices, must be licensed as an interactive gaming employee.
(d) The Board may, in its discretion, determine at any time that other entities or employees not described in the preceding subparagraphs shall be licensed, permitted, certified, registered or otherwise authorized by the Board.
§ 830a.7. Multiuse computing device and gaming platform requirements.
(a) A multiuse computing device must:
(1) Be located and accessible to eligible passengers only in an airport gaming area.
(2) Allow an eligible passenger to play an authorized interactive game. To ensure the multiuse computing device is operated only by an eligible passenger, the device shall provide for verification of age and passenger status through automated means on the device, unless otherwise approved by the Board.
(3) Be approved by the Board.
(4) Communicate with a server that is in a location approved by the Board.
(5) Have the capability of providing all necessary reports for calculation of gross interactive airport gaming revenue as required by the Department.
(6) Be tethered or otherwise secured in a manner to prevent removal from the airport gaming area.
(7) Offer a player additional functions which includes Internet browsing, the capability of checking flight status, and ordering food or beverages.
(i) An interactive gaming certificateholder, interactive gaming operator or concession operator may restrict access to other interactive gaming web sites in the Internet browsing function on the multiuse computing device.
(ii) An interactive gaming certificateholder, interactive gaming operator or concession operator shall not, acting directly or indirectly in concert with an airport authority or other entity, restrict access to other interactive gaming web sites on public wireless Internet offered to persons at a qualified airport.
(8) Be equipped with software or a program that would allow an authorized onsite interactive gaming employee to temporarily disable the device or terminate an interactive gaming session.
(b) The interactive gaming system and interactive gaming platform used to conduct interactive gaming through the use of multiuse computing gaming devices at a qualified airport shall be subject to the requirements set forth in Chapters 809a and 810a (relating to interactive gaming platform requirements; and interactive gaming testing and controls) as they relate to the conduct of interactive gaming through the use of multiuse computing devices.
(c) The interactive gaming system and interactive gaming platform used to conduct interactive gaming through the use of multiuse computing devices by eligible passengers at a qualified airport shall not be subject to the requirement of section 809a.7 (relating to geolocation requirements).
§ 830a.8. Multiuse computing device gaming accounting and internal controls; required reports.
(a) The interactive gaming certificateholder or interactive gaming operator offering interactive gaming through multiuse computing devices at a qualified airport in an airport gaming area shall be subject to the requirements of Chapter 811a (relating to interactive gaming accounting and internal controls).
(b) If applicable, the internal controls shall include protocols and procedures for the involvement of a concession operator and its employees in the offering of interactive gaming through multiuse computing devices at a qualified airport in an airport gaming area, including but not limited to licensure of employees, account funding and withdrawals, handling player complaints, providing player assistance, supervising play on the multiuse computing devices or other items the Board may request be included in the internal controls.
(c) The interactive gaming system used to offer interactive gaming through multiuse computing devices at a qualified airport in an airport gaming area shall be designed to generate reports as specified by the Board which comply with the requirements of § 811a.9(a)—(c) (relating to required reports; reconciliation).
§ 830a.9. Eligible passengers; accounts; funding of play; withdrawals.
(a) Prior to engaging in interactive gaming through multiuse computing devices at a qualified airport in an airport gaming area, the player shall be verified as an eligible passenger, as defined in this subpart, by automated means provided on the multiuse computing device, or as otherwise approved by the Board.
(b) An eligible passenger shall create an account with the interactive gaming certificateholder, interactive gaming operator or concession operator, which shall last for the duration of the player's interactive gaming session and the withdrawal of the player's winnings, if applicable.
(i) If a player has established an interactive gaming account under Chapter 812a (relating to interactive gaming player accounts) with an interactive gaming certificateholder or interactive gaming operator who also offers interactive gaming through multiuse computing devices at a qualified airport in an airport gaming area, the player may use his or her established interactive gaming account to engage in interactive gaming on the multiuse computing device.
(c) A player's account may be funded through the use of all of the following:
(1) A player's credit card or debit card, including prepaid cards.
(2) A player's reloadable prepaid card.
(3) Cash complementaries, promotional credits or bonus credits.
(4) Automated clearing house (ACH) transfer, provided that the interactive gaming certificateholder, interactive gaming operator, or concession operator has security measures and controls to prevent ACH fraud.
(5) Any other means as approved by the Board.
(d) An interactive gaming certificateholder, interactive gaming operator or concession operator shall establish protocols for players to withdraw funds at the end of the player's interactive gaming session in accordance with its approved internal controls.
(e) Funds may be withdrawn from the player's account at the end of the interactive gaming session through the use of all of the following:
(1) The issuance of a check from the interactive gaming certificateholder, interactive gaming operator or concession operator.
(2) Transfer to a player's reloadable prepaid cash card.
(3) Transfer directly to the player's individual account with a bank or other financial institution (banking account) provided that the interactive gaming certificateholder, interactive gaming operator or concession operator verifies the validity of the account with the financial institution.
(4) Any other means approved by the Board.
§ 830a.10. Compulsive and problem gaming; self-exclusion.
(a) Any interactive gaming certificateholder or interactive gaming operator seeking to participate in the conduct of interactive gaming through the use of multiuse computing devices by eligible passengers at a qualified airport in an airport gaming area shall comply with the provisions of Chapters 814a and 815a (relating to compulsive and problem gambling requirements; and interactive gaming self-excluded persons).
§ 830a.11. Commencement of multiuse computing device gaming.
(a) Prior to the commencement of interactive gaming through multiuse computing devices at a qualified airport in an airport gaming area, an interactive gaming certificateholder or interactive gaming operator shall submit all of the required information set forth in § 817a.2(a) (relating to commencement of operations generally), excluding the Geolocation compliance information from § 817a.2(a)(8)(ii).
(b) Prior to commencement of operations, the interactive gaming certificateholder's, interactive gaming operator's or concession operator's interactive gaming principals, interactive gaming key employees or interactive gaming employees shall be appropriately licensed or permitted and trained in the performance of their responsibilities.
(1) At all times when interactive gaming through the use of multiuse computing devices at a qualified airport in an airport gaming area is offered, the interactive gaming certificateholder, interactive gaming operator or concession operator shall have an adequate number of interactive gaming employees onsite, based upon quantity of multiuse computing devices available for use and the dimensions of the airport gaming area, at a number to be approved by the Board to handle matters related to the oversight, management, maintenance or other tasks involving interactive gaming through multiuse computing devices, including but not limited to player complaints, providing player assistance or supervising play on multiuse computing devices.
(2) If at any time it appears or is reported to an interactive gaming employee or employees that the multiuse computing device is being operated in violation of this chapter and this subpart, the interactive gaming employee shall terminate the interactive gaming session, with such procedure for termination to be detailed in the internal controls.
(c) Prior to commencement of operations, the interactive gaming certificateholder, interactive gaming operator or concession operator licensee shall ensure that new and existing employees of the interactive gaming certificateholder or interactive gaming operator, and employees of the concession operator licensed by the Board, are regularly informed about the restrictions in § 808a.1(g) (relating to general provisions), restricting the placement wagers on the interactive gaming sites offered by or associated with the interactive certificateholder, interactive gaming operator or concession operator.
(d) Prior to commencement of operations, the interactive gaming certificateholder or interactive gaming operator shall have successfully completed a test period.
[Pa.B. Doc. No. 20-1143. Filed for public inspection August 22, 2020, 9:00 a.m.]
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