[50 Pa.B. 4516]
[Saturday, September 5, 2020]
[Continued from previous Web Page]
CHAPTER 1106a. SUPPLIERS Sec.
1106a.1. Supplier licenses. § 1106a.1. Supplier licenses.
(a) Application for licensure. A supplier as defined in this subpart shall apply for licensure in accordance with § 431a.2 (relating to supplier license applications and standards).
(1) A supplier filing an application for licensure under this chapter shall not be required to file a diversity plan as set forth in § 431a.2(a)(3).
(b) Submittals. In addition to the information submitted under § 431a.2, an applicant for a supplier license shall submit all of the following:
(1) The name and business address of the applicant and the applicant's affiliates, intermediaries, subsidiaries and holding companies, the principals and key employees of each business, and a list of employees and their positions within each business, as well as financial information required by the Board.
(2) A statement that the applicant and each affiliate, intermediary, subsidiary or holding company of the applicant are not terminal operator licensees or establishment licensees.
(3) Proof that the applicant has or will establish a place of business in this Commonwealth. A supplier licensee shall maintain a place of business in this Commonwealth to remain eligible for licensure.
(4) The consent to a background investigation by the Bureau of the applicant, its principals and key employees or other persons required by the Board and a release to obtain the information necessary for the completion of the background investigation.
(5) The details of any supplier license issued by the Board to the applicant under section 1317 of the act (relating to supplier licenses), if applicable.
(6) The details of any equivalent license granted or denied by other jurisdictions where gaming activities similar to those authorized by the act or this part are permitted.
(7) The type of products and services to be supplied and whether those products and services will be provided through purchase, lease, contract or otherwise.
(8) Other information determined by the Board to be appropriate.
(c) Approval and issuance of license. Upon being satisfied that the requirements in subsections (a) and (b) have been met, the Board may approve the application and issue the applicant a supplier license consistent with all of the following:
(1) A licensee shall have an affirmative duty to notify the Board of a change relating to the status of its license or to information in the application materials on file with the Board.
(2) The license is nontransferable.
(3) Other conditions established by the Board.
(d) Considerations. In determining whether an applicant is suitable to be licensed as a supplier under this section, the Board will consider all of the following:
(1) The financial fitness, good character, honesty, integrity and responsibility of the applicant.
(2) If all principals and key employees of the applicant are eligible and suitable for licensure.
(3) The integrity of financial backers.
(4) The suitability of the applicant and principals and key employees of the applicant based on the satisfactory results of:
(i) A background investigation of the applicant and its principals and key employees.
(ii) A current tax clearance review performed by the Department.
(iii) A current Unemployment Compensation Tax clearance review and a Workers Compensation Tax clearance review performed by the Department of Labor and Industry.
(e) Submittal of agreements. A supplier shall submit to the Bureau of Licensing for review any agreements with a licensed manufacturer or with a terminal operator licensee. The review may include financing arrangements, inventory requirements, warehouse requirements, warehouse space, technical competency, compensative agreements and other terms or conditions to ensure the financial independence of the supplier licensee from any licensed manufacturer or terminal operator.
(f) Occupation permit or nongaming registration. An employee of a supplier licensee who is a gaming employee or nongaming employee as defined in § 1101a.2 (relating to definitions) shall obtain an occupation permit under § 1109a.1 (relating to gaming employee occupation permits) or a nongaming registration under § 1109a.2 (relating to nongaming employee registrations).
(g) Change of control of a supplier licensee.
(1) For purposes of this subsection, a change of control of a supplier licensee will be deemed to have occurred when a person or group of persons acquires:
(i) More than 20% of a supplier licensee's securities, assets or other ownership interests.
(ii) More than 20% of the securities or other ownership interests of a corporation or other form of business entity that owns directly or indirectly at least 20% of the voting or other securities or other ownership interests of the supplier licensee.
(iii) Any other interest in a supplier licensee which allows the acquirer to control the supplier licensee.
(2) A supplier licensee shall notify the Bureau and the Bureau of Licensing in a manner prescribed by the Bureau of Licensing immediately upon becoming aware of any proposed or contemplated change of control of the supplier licensee.
(3) Prior to acquiring a controlling interest in a supplier licensee, the acquirer shall file a petition in accordance with § 493a.4 (relating to petitions generally) requesting Board approval of the acquisition. The petition must include all of the following:
(i) A copy of all documents governing the acquisition.
(ii) Completed applications for the acquiring company, as required under this chapter, principals as required under § 1104a.1 (relating to principal licenses) and key employees as required under § 1105a.1 (relating to key employee licenses).
(iii) An affirmation that neither the acquirer nor any of its affiliates, intermediaries, subsidiaries or holding companies is a terminal operator licensee or establishment licensee.
(4) A person or group of persons seeking to acquire a controlling interest in a supplier licensee shall promptly provide any additional information requested by the Board and Board staff and cooperate with the Bureau in any investigations related to the petition filed under this subsection.
(5) A person or group of persons may not acquire a controlling interest in a supplier licensee until the petition required under this subsection, has been approved. A person or group of persons seeking to acquire a controlling interest in a supplier licensee and the supplier licensee may enter into a sales agreement that is contingent on Board approval of the petition.
(6) The requirements in this section do not apply to the acquisition of a controlling interest in a supplier licensee when all of the following conditions are met:
(i) The acquirer is an existing licensed supplier licensee.
(ii) The existing licensed supplier licensee has provided the Bureau and the Bureau of Licensing notification and a copy of all documents governing the acquisition at least 60 days prior to the acquisition.
(iii) After reviewing the documentation, the Bureau and the Bureau of Licensing determine that the filing of a petition is not required.
CHAPTER 1107a. MANUFACTURERS Sec.
1107a.1. Manufacturer licenses. § 1107a.1. Manufacturer licenses.
(a) Application for licensure. A manufacturer as defined in this subpart who seeks to manufacture video gaming terminals, redemption terminals and associated equipment for use in this Commonwealth shall apply for licensure in accordance with §§ 427a.1 and 427a.2 (relating to manufacturer general requirements; and manufacturer license applications and standards).
(1) A manufacturer filing an application for licensure under this chapter shall not be required to file a diversity plan as set forth in § 427a.2(a)(3).
(b) Submittals. In addition to the completed Manufacturer Application and Disclosure Information Form required under § 427a.2 an applicant shall include all of the following:
(1) The name and business address of the applicant and the applicant's affiliates, intermediaries, subsidiaries and holding companies, the principals and key employees of each business, and a list of employees and their positions within each business, as well as financial information required by the Board.
(2) A statement that the applicant and each affiliate, intermediary, subsidiary or holding company of the applicant are not terminal operator licensees or establishment licensees.
(3) The consent to a background investigation by the Bureau of the applicant, its principals and key employees or other persons required by the Board and a release to obtain the information necessary for the completion of the background investigation.
(4) The details of any equivalent manufacturer license granted or denied by other jurisdictions where gaming activities similar to those authorized by this part are permitted.
(5) The details of any manufacturer license issued by the Board to the applicant under section 1317.1 of the act (relating to manufacturer licenses), if applicable.
(6) The type of video gaming terminals, redemption terminals or associated equipment to be manufactured or repaired.
(7) Other information determined by the Board or the Bureau to be appropriate.
(c) Approval and issuance of license. Upon being satisfied that the requirements in subsections (a) and (b) have been met, the Board may approve the application and issue the applicant a manufacturer license consistent with all of the following:
(1) A licensee shall have an affirmative duty to notify the Board of a change relating to the status of its license or to information in the application materials on file with the Board.
(2) The license shall be nontransferable.
(3) Other conditions established by the Board.
(d) Considerations. In determining whether an applicant is suitable to be licensed as a manufacturer under this section, the Board will consider all of the following:
(1) The financial fitness, good character, honesty, integrity and responsibility of the applicant.
(2) If all principals and key employees of the applicant are eligible and suitable for licensure.
(3) The integrity of financial backers.
(4) The suitability of the applicant and principals and key employees of the applicant based on the satisfactory results of:
(i) A background investigation of principals and key employees.
(ii) A current tax clearance review performed by the Department.
(iii) A current Unemployment Compensation Tax clearance review and a Workers Compensation Tax clearance review performed by the Department of Labor and Industry.
(e) Submittal of agreements. A manufacturer shall submit to the Bureau of Licensing for review any agreements with a licensed supplier, terminal operator or establishment licensee. The review may include financing arrangements, inventory requirements, warehouse requirements, warehouse space, technical competency, compensative agreements and other terms or conditions to ensure the financial independence of the licensed manufacturer from any licensed supplier, terminal operator or establishment licensee.
(f) Occupation permit or nongaming registration. An employee of a manufacturer licensee who is a gaming employee or nongaming employee as defined in § 1101a.2 (relating to definitions) shall obtain an occupation permit under § 1109a.1 (relating to gaming employee occupation permits) or a nongaming registration under § 1109a.2 (relating to nongaming employee registrations).
(g) Change of control of a manufacturer licensee.
(1) For purposes of this subsection, a change of control of a manufacturer licensee will be deemed to have occurred when a person or group of persons acquires:
(i) More than 20% of a manufacturer licensee's securities, assets or other ownership interests.
(ii) More than 20% of the securities or other ownership interests of a corporation or other form of business entity that owns directly or indirectly at least 20% of the voting or other securities or other ownership interests of the manufacturer licensee.
(iii) Any other interest in a manufacturer licensee which allows the acquirer to control the manufacturer licensee.
(2) A manufacturer licensee shall notify the Bureau and the Bureau of Licensing in a manner prescribed by the Bureau of Licensing immediately upon becoming aware of any proposed or contemplated change of control of the manufacturer licensee.
(3) Prior to acquiring a controlling interest in a manufacturer licensee, the acquirer shall file a petition in accordance with § 493a.4 (relating to petitions generally) requesting Board approval of the acquisition. The petition must include all of the following:
(i) A copy of all documents governing the acquisition.
(ii) Completed applications for the acquiring company, as required under this chapter, principals as required under Chapter 433a (relating to principal licenses) and key employees as required under § 435a.2 (relating to key employee license).
(iii) An affirmation that neither the acquirer nor any of its affiliates, intermediaries, subsidiaries or holding companies is a terminal operator licensee or establishment licensee and that the acquirer has neither applied for nor holds a terminal operator license or establishment license.
(4) A person or group of persons seeking to acquire a controlling interest in a manufacturer licensee shall promptly provide any additional information requested by the Board and Board staff and cooperate with the Bureau in any investigations related to the petition filed under subsection (a).
(5) A person or group of persons may not acquire a controlling interest in a manufacturer licensee until the petition required under subsection (g) has been approved. A person or group of persons seeking to acquire a controlling interest in a manufacturer licensee and the manufacturer licensee may enter into an agreement of sale that is contingent on Board approval of the petition.
(6) The requirements in this section do not apply to the acquisition of a controlling interest in a manufacturer licensee when all of the following conditions are met:
(i) The acquirer is an existing licensed manufacturer licensee.
(ii) The existing licensed manufacturer licensee has provided the Bureau and the Bureau of Licensing notification and a copy of all documents governing the acquisition at least 60 days prior to the acquisition.
(iii) After reviewing the documentation, the Bureau and the Bureau of Licensing determine that the filing of a petition is not required.
CHAPTER 1108a. GAMING SERVICE PROVIDERS Sec.
1108a.1. Gaming service providers. 1108a.2. Interim authorization. 1108a.3. Emergency gaming service provider. § 1108a.1. Gaming service providers.
(a) A gaming service provider providing goods or services to a terminal operator licensee that directly relates to the operation and security of a video gaming terminal or redemption terminal shall apply to the Board to be registered as a gaming service provider.
(b) A gaming service provider seeking registration shall complete an original and one copy of a Gaming Service Provider Registration Form. The original copy and the fee toward the cost of the investigation of the applicant posted on the Board's web site shall be submitted to the Bureau of Licensing by the terminal operator applicant or licensee for whom the gaming service provider will provide goods or services unless otherwise directed by the Bureau of Licensing.
(c) In addition to the materials required under subsection (b), an applicant for a gaming service provider registration shall do all of the following:
(1) Submit the nonrefundable application fee posted on the Board's web site.
(2) Submit fingerprints of the following individuals in a manner prescribed by the Bureau:
(i) Each officer and director of the registered gaming service provider applicant. For purposes of this paragraph, ''officer'' means a president, a chief executive officer, a chief financial officer and a chief operating officer, and any person routinely performing corresponding functions with respect to an organization whether incorporated or unincorporated.
(ii) Each individual who has a direct or indirect ownership or beneficial interest of 10% or more in the registered gaming service provider applicant.
(iii) Each salesperson of a registered gaming service provider applicant who solicits business from, or has regular contact with, any representatives of a terminal operator applicant or licensee.
(d) A person who holds any direct or indirect ownership or beneficial interest in a registered gaming service provider or applicant for gaming service provider registration, or has the right to any profits or distributions directly or indirectly, from the registered gaming service provider or applicant for gaming service provider registration may be required to submit fingerprints if the Bureau determines that the submission of fingerprints of the person is necessary to protect the public interest or to enhance the integrity of gaming in this Commonwealth.
(e) Each of the individuals required to submit fingerprints under subsection (b)(2) must be found qualified by the Board.
(f) A gaming service provider registration will not be issued until all fees and costs have been paid.
§ 1108a.2. Interim authorization.
(a) Notwithstanding § 1108a.1 (relating to gaming service providers), the Bureau of Licensing may authorize an applicant for a gaming service provider registration to conduct business with a terminal operator applicant or licensee prior to the registration of the gaming service provider applicant if all of the following criteria are met:
(1) A completed Gaming Service Provider Registration application has been filed by the gaming service provider.
(2) The terminal operator applicant or licensee contracting or doing business with the gaming service provider certifies that it has performed due diligence on the gaming service provider and believes that the applicant meets the qualification to be a gaming service provider under 4 Pa.C.S. Part III (relating to video gaming) and § 1108a.1.
(3) The applicant for gaming service provider registration agrees, in writing, that the grant of interim authorization to conduct business prior to Board approval of registration does not create a right to continue to conduct business if the Board determines that the applicant is not suitable or continued authorization is not in the public interest.
(b) If the Office of Enforcement Counsel issues a Notice of Recommendation for Denial to an applicant for registration, the Bureau of Licensing may rescind the permission granted to the applicant to conduct business with a terminal operator applicant or licensee under subsection (a). If the permission is rescinded, the applicant for registration shall cease conducting business with the terminal operator applicant or licensee by the date specified in the notice of the rescission by the Bureau of Licensing under subsection (c).
(c) The Bureau of Licensing will notify the applicant and the terminal operator applicant or licensee by registered and electronic mail that permission to conduct business with the terminal operator applicant or licensee under subsection (a) has been rescinded and that the terminal operator applicant or licensee shall cease conducting business with the applicant by the date specified in the notice.
§ 1108a.3. Emergency gaming service provider.
(a) A terminal operator licensee may utilize a gaming service provider that is not registered when a threat to public health, welfare or safety exists, or circumstances outside the control of the terminal operator licensee require immediate action to mitigate damage or loss to the licensee's video gaming terminals.
(b) When using a gaming service provider that is not registered to conduct business to respond to an emergency, the terminal operator licensee shall do all of the following:
(1) Immediately notify the Board's Bureau of Casino Compliance and Bureau of Licensing of the emergency and the gaming service provider that was selected to provide emergency services.
(2) File a Gaming Service Provider Emergency Notification Form with the Bureau of Licensing within 72 hours after commencement of the gaming service provider's services and a written explanation of the basis for the procurement of the emergency gaming service provider.
(c) If the terminal operator licensee continues to utilize the gaming service provider after the emergency circumstances have passed or if the Bureau of Licensing determines that the circumstances did not necessitate the use of an emergency gaming service provider, the gaming service provider shall comply with the requirements in this chapter.
CHAPTER 1109a. OCCUPATION PERMITS Sec.
1109a.1. Gaming employee occupation permits. 1109a.2. Nongaming employee registrations. § 1109a.1. Gaming employee occupation permits.
(a) A gaming employee as defined in this subpart shall apply for an occupation permit in accordance with § 435a.3 (relating to occupation permit).
(b) In addition to the requirements in subsection (a), a gaming employee applying for an occupation permit shall submit all of the following:
(1) Verification of an offer of employment from, or employment by a terminal operator licensee, an establishment licensee, a manufacturer licensee, a supplier licensee or a gaming service provider and the nature and scope of the proposed duties of the person.
(2) The previous employment history of the person.
(3) The details of an occupation permit or similar license granted or denied to the applicant in other jurisdictions.
(4) A current photograph of the person.
(5) The criminal history record of the person, as well as the person's consent for the Bureau to conduct a background investigation.
(6) Other information as determined by the Board.
(c) After reviewing the application and the results of the applicant's background investigation, the Board may issue a gaming employee occupation permit if the individual has proven that he is a person of good character, honesty and integrity, and is eligible and suitable to hold an occupation permit.
§ 1109a.2. Nongaming employee registrations.
A person who is employed by an terminal operator licensee, establishment licensee, manufacturer, supplier or gaming service provider and whose duties do not involve monitoring a video gaming area or the conduct of video gaming may be required to apply for a nongaming employee registration in accordance with § 435a.5 (relating to nongaming employee registration) if the Board or the Bureau of Licensing determines that submitting an application and obtaining a registration is required to ensure the integrity of video gaming in this Commonwealth.
CHAPTER 1110a. APPLICATIONS GENERALLY Sec.
1110a.1. Preliminary application submission review. 1110a.2. Application processing. 1110a.3. Deficient and abandoned applications. 1110a.4. Application withdrawal. § 1110a.1. Preliminary application submission review.
(a) Upon receipt, an application will be reviewed to ensure that it contains all of the following:
(1) The applicable application forms and additional information and accompanying documentation required by 4 Pa.C.S. Part III (relating to video gaming) or the Board.
(2) Completed authorization forms, if required, for release of information from governmental agencies and other entities.
(b) If an applicant fails to include any required information, the applicant will be notified and given an opportunity to cure the deficiency.
§ 1110a.2. Application processing.
(a) Upon a determination that the prerequisites for filing have been met, the application will be accepted for filing and Board staff, if applicable, will:
(1) Obtain information as may be necessary to determine the qualifications of the applicant and any matter relating to the application.
(2) Promptly conduct an investigation of the applicant and on any matter relating to the application.
(3) Request the Department to promptly conduct a tax clearance review.
(4) Request the Department of Labor and Industry to perform an Unemployment Compensation Tax clearance review and a Workers Compensation Tax clearance review on any entity.
(5) Request any agencies, entities or persons to provide information to the Board as deemed necessary by the Board.
(b) An application submitted under this part and information obtained by Board staff relating to the application will be part of the evidentiary record to be utilized by the Board when deciding to approve, condition, issue or deny a license.
(c) An application and related materials that have been submitted to the Board will become the property of the Board and will not be returned to the applicant.
§ 1110a.3. Deficient and abandoned applications.
(a) If an application is found to be deficient, Board staff will notify the applicant of the deficiencies in the application and provide an opportunity for the applicant to cure the deficiencies within a specified time period.
(b) Failure to provide the information necessary to cure the deficiencies required under subsection (a) may result in the denial of the application or in the application being declared abandoned by the Bureau of Licensing under § 423a.4 (relating to deficient and abandoned applications).
(c) When an application is denied or declared abandoned under subsection (b), the applicant will be given written notice of this action.
§ 1110a.4. Application withdrawal.
A request for withdrawal of an application may be made at any time prior to the Board taking action by petition filed with the Office of Hearings and Appeals.
CHAPTER 1111a. LICENSE TERMS AND RENEWALS Sec.
1111a.1. Terms and renewals. § 1111a.1. Terms and renewals.
(a) All licenses, permits and registrations issued under this part will be for a term of 5 years from the date of approval.
(b) An application for renewal of an establishment license shall be submitted at least 6 months prior to the expiration of the license and must include an update of all information in the initial application and any prior renewal applications and any renewal fee.
(c) Except for renewal applications submitted under subsection (b), applications for renewal shall be submitted to the Board at least 180 days prior to the expiration of the license, permit or registration and must include an update of all information in the initial application and any prior renewal applications and the payment of any renewal fee.
(d) A license, permit or registration for which an application for renewal has been timely filed will continue in effect until the Board acts upon the application for renewal.
CHAPTER 1112a. VIDEO GAMING TERMINAL, REDEMPTION TERMINAL AND ASSOCIATED EQUIPMENT TESTING AND CERTIFICATION Sec.
1112a.1. Definitions. 1112a.2. Protocol requirements. 1112a.3. Testing and approval generally. 1112a.4. Submission for testing and approval. 1112a.5. Video gaming terminal conversions. 1112a.6. Revocations and additional conditions. 1112a.7. Video gaming terminal minimum design standards. 1112a.8. Gaming vouchers. 1112a.9. Redemption terminals. 1112a.10. Progressive video gaming terminals. 1112a.11. Video gaming terminal monitoring systems. 1112a.12. Remote system access. 1112a.13. Video gaming terminals and associated equipment utilizing alterable storage media. 1112a.14. Waivers. 1112a.15. Disputes. 1112a.16. Testing and software installation in the live video gaming area. 1112a.17. RAM clear. § 1112a.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Asset number—A unique number assigned to a video gaming terminal by a terminal operator for the purpose of tracking the video gaming terminal, while owned by the terminal operator.
Bill validator—An electronic device designed to interface with a video gaming terminal for the purpose of accepting and validating any combination of United States currency, gaming vouchers, coupons or other instruments authorized by the Board for incrementing credits on a video gaming terminal.
Conversion—A change or alteration to a video gaming terminal that does not affect the manner or mode of play or operation of the video gaming terminal.
Currency cassette—A container that holds banknotes that are available for dispensing.
Educational institution—A facility that teaches and certifies students in video gaming terminal design, operation, repair or servicing.
Finance department—The department that is responsible for the management of the financial and accounting activities relating to video gaming terminals being utilized in a licensed establishment.
Gaming day—The period of time from 6 a.m. to 5:59 a.m. the following calendar day, corresponding to the beginning and ending times of gaming activities for the purpose of accounting reports and determination of gross terminal revenue.
Gaming voucher—An instrument that upon insertion into a bill validator entitles the patron inserting the gaming voucher to cashable credits on a video gaming terminal corresponding to the value printed on the gaming voucher.
Gaming voucher system—The collective hardware, software, communications technology and other ancillary equipment used to facilitate the issuance of gaming vouchers and the redemption of gaming vouchers by video gaming terminals and automated gaming voucher redemption terminals.
Machine displayed payout percentage—The selectable payout percentage that is set by the terminal operator during the initial configuration or a subsequent reconfiguration of a video gaming terminal and is displayed in the video gaming terminal's service menu during normal operation.
Manufacturer's par sheet—A document supplied by the manufacturer that shows payable information including theoretical payout percentage, winning combinations, awards and reel strips.
Minimum payout percentage—The lowest aggregate awards expected to be paid out over one cycle of the game divided by the total number of combinations in the cycle of the game.
Modification—
(i) A change or alteration in a video gaming terminal or associated equipment that affects the manner or mode of play or operation of the video gaming terminal or associated equipment.
(ii) The term includes a change to control or graphics programs and to the theoretical hold percentage.
(iii) In the case of video gaming terminals, the term does not include:
(A) A conversion.
(B) Replacement of one approved component with an identical component.
(iv) In the case of a progressive system, the term includes a change in:
(A) A system name or theme.
(B) The odds to win the progressive payout.
(C) The reset amount.
(D) The rate at which a progressive award increases.
(E) The wager necessary to win the progressive payout.
Paytable—A selectable part of a video gaming terminal program that contains video gaming terminal characteristics including the theoretical payout percentage, reel strips and awards.
Progressive awards—The award to be paid out when the event in the progressive game that triggered the award occurs.
Progressive controller—A program or computer system, other than an approved program that controls the operation of the video gaming terminal, which controls, adjusts and displays the amount of the progressive jackpot.
Progressive payout—A video gaming terminal payout that increases in a monetary amount based on the amounts wagered in a progressive system.
Progressive video gaming terminal—A video gaming terminal that offers a jackpot that may increase in value based upon the video gaming terminal wagers placed.
Pseudo random number generator—Software or hardware, or both, that ensures the randomness of video gaming terminal outcomes.
RAM—Random access memory.
RAM clear—A process initiated by a service technician that results in the zeroing out of any meter information, configuration information or data stored in the memory of a video gaming terminal.
Randomness—The observed unpredictability and absence of pattern in a set of elements or events that have definite probabilities of occurrence.
Reel strips—Components of a video gaming terminal which display symbols.
Related systems—Systems which interface with video gaming terminals.
Remote system access—Connectivity to terminal operator systems from outside the terminal operator's network.
Reset amount—The award value that a progressive award reverts to after the progressive award is paid out.
Server supported video gaming terminal system—One or more video gaming terminals connected to a video gaming terminal server and an associated computer network.
Theme—A concept, subject matter and methodology of design of a video gaming terminal.
Theoretical payout percentage—The aggregate awards expected to be paid out over one cycle of the game divided by the total number of combinations in the cycle of the game.
Unredeemed gaming voucher—A gaming voucher that has not been redeemed in a ticket redemption unit or a video gaming voucher that has been found and returned to an establishment licensee.
Video gaming terminal bill validator—A component made up of software and hardware that accepts and reads instruments such as bills or vouchers into gaming devices such as video gaming terminals and automated gaming voucher redemption terminals.
Video gaming terminal monitoring system—The collective hardware, software, communications technology and other ancillary equipment used to collect, monitor, interpret, analyze, authorize, report and audit data with regard to activity at video gaming terminals, inclusive of video gaming terminal meter readings, error conditions, video gaming terminal security, accounting, player tracking and productivity analysis.
Video gaming terminal operations department—The department of a terminal operator that is responsible for all operations in any truck stop establishment where video gaming terminals are kept.
Video gaming terminal server—A computer configured to receive, store, authenticate and download to video gaming terminals, Board-approved video gaming terminal game themes and other approved software.
Video gaming terminal system operator—The persons designated in a video gaming terminal system agreement as being responsible for the operation and administration of a wide area progressive system.
Wager—Placing at risk in a video gaming terminal a bill or video gaming voucher.
§ 1112a.2. Protocol requirements.
In accordance with 4 Pa.C.S. §§ 3309 and 3518 (relating to central control computer system; and video gaming accounting controls and audits), manufacturer licensees, supplier licensees and terminal operators are required to ensure all video gaming terminals are enabled to communicate with the Department's central control computer for the purpose of transmitting auditing program information and activating and disabling video gaming terminals.
§ 1112a.3. Testing and approval generally.
(a) In accordance with 4 Pa.C.S. § 3701 (relating to testing and certification of terminals), video gaming terminals and redemption terminals and associated equipment operated in this Commonwealth shall be tested and approved in accordance with § 1112a.4 (relating to submission for testing and approval).
(b) The fees for testing and certification of video gaming terminals, redemption terminals and associated equipment at the Board's testing facility shall be paid by each manufacturer licensee on a quarterly basis based upon the time spent testing and certifying each manufacturer's number of products reviewed according to a fee schedule adopted by the Board.
(c) The Board will require payment of all costs for the testing and approval of video gaming terminals and redemption terminals and associated equipment submitted by manufacturers or gaming related gaming service providers or installed at an establishment licensee's facility based on the actual direct costs incurred by the Board.
(d) The Board will require a manufacturer licensee seeking approval of a video gaming terminal and redemption terminal and associated equipment to pay all costs of transportation, inspection and testing.
§ 1112a.4. Submission for testing and approval.
(a) A video gaming terminal, redemption terminal and associated equipment identified in subsection (c) (collectively referred to as ''products'' or ''equipment, device or software''), or a modification thereto, may not be offered for sale, lease or distribution for ultimate use by a manufacturer or supplier licensee in this Commonwealth unless a prototype identical in all mechanical, electrical, electronic and other respects has been tested by the Bureau of Gaming Laboratory Operations and approved by the Board's Executive Director.
(b) When an applicant for, or holder of a terminal operator license develops software or a system that is functionally equivalent to any of the video gaming system enumerated in subsection (c), that software or system is subject to the testing and approval process of this subpart to the same extent as if the software or system were developed by an applicant for, or holder of, a manufacturer license. A reference in this subpart to the responsibilities of a manufacturer applies to an applicant for, or holder of, a terminal operator license developing software or systems subject to testing and approval under this subpart.
(c) For the purposes of this section, video gaming terminals, redemption terminals and associated equipment that shall be submitted for testing and approval include all of the following:
(1) Video gaming terminals, including bill validators and printers.
(2) Video gaming monitoring systems, to the extent the systems interface with video gaming terminals and related systems.
(3) Progressive systems, including wide area progressive systems.
(4) Gaming voucher systems.
(5) Machines performing gaming voucher payout transactions.
(6) Other related systems.
(d) Video gaming terminal prototypes and modifications thereto, which are subject to testing and approval under this section, will be evaluated by the Bureau of Gaming Laboratory Operations for overall operational integrity and compliance with 4 Pa.C.S. Part III (relating to video gaming), this subpart and technical standards adopted by the Board as published in the Pennsylvania Bulletin and posted on the Board's web site. In addition, with regard to any video gaming terminal or modification thereto, the Bureau of Gaming Laboratory Operations will test for compatibility and compliance with the central control computer and protocol specifications approved by the Department including the ability to communicate with the central control computer for the purpose of transmitting auditing program information, real time information retrieval and activation, and disabling of slot machines and fully automated electronic gaming tables.
(e) The Bureau of Gaming Laboratory Operations may prescribe a standard product submission checklist, together with supplemental product specific submission checklists for completion by an applicant for, or holder of, a manufacturer license, to facilitate the examination and analysis of a prototype or modification.
(f) The Board may require the chief engineer of the applicant for, or holder of, a manufacturer license or the engineer in charge of the division of the manufacturer responsible for producing the product submitted to attest that the product was properly and completely tested by the manufacturer prior to its submission to the Bureau of Gaming Laboratory Operations.
(g) When an applicant for, or holder of, a manufacturer license seeks Board approval of a video gaming terminal prototype, associated equipment prototype or any modification thereto as described in subsection (c), the manufacturer shall submit to the Bureau of Gaming Laboratory Operations all of the following:
(1) A prototype of the equipment, device or software accompanied by a written request for testing and approval. The manufacturer shall transport the equipment, device or software at its own expense and deliver it to the Bureau of Gaming Laboratory Operations in accordance with provided instructions.
(2) Certifications required under subsection (f) providing assurances from the manufacturer that the product was properly and completely tested and emulated by the manufacturer prior to its submission to the Bureau of Gaming Laboratory Operations and that the product, device or software complies with 4 Pa.C.S. Part III, this subpart and technical standards adopted by the Board as published in the Pennsylvania Bulletin and posted on the Board's web site, including applicable requirements related to the central control computer.
(3) An executed copy of a current product submission checklist and any product specific supplemental submission checklists applicable to the submitted equipment, device or software.
(4) A complete, comprehensive and technically accurate description of the equipment, device or software, accompanied by applicable diagrams, schematics and specifications, together with documentation with regard to the manner in which the product was tested and emulated by the manufacturer prior to its submission to the Bureau of Gaming Laboratory Operations.
(5) Any hardware, software and other equipment, inclusive of technical support and maintenance applicable thereto, required by the Bureau of Gaming Laboratory Operations to conduct the testing and approval process contemplated by 4 Pa.C.S. Part III, this subpart and technical standards adopted by the Board as published in the Pennsylvania Bulletin and posted on the Board's web site. The testing equipment and services required by this paragraph shall be provided at no cost to the Board.
(6) In the case of a video gaming terminal prototype, all of the following additional information:
(i) A copy of all executable software, including data and graphics information, on electronically readable, unalterable media.
(ii) A copy of all source code for programs that cannot be reasonably demonstrated to have any use other than in a video gaming terminal on electronically readable, unalterable media.
(iii) A copy of all graphical images displayed on the video gaming terminal, including reel strips, rules, instructions and paytables.
(iv) A mathematical explanation of the theoretical return to the player, listing all assumptions, all steps in the formula from the first principles through to the final results of all calculations including bonus pays and, when a game requires or permits player skill in the theoretical derivations of the payout return, the source of strategy.
(v) Hardware block diagrams of the major subsystems.
(vi) A complete set of schematics for all subsystems.
(vii) A wiring harness connection diagram.
(viii) A technical and an operator manual.
(ix) A description of security methodologies incorporated into the design of the video gaming terminal, including, when applicable, encryption methodology for all alterable media, auto-authentication of software and recovery capability of the video gaming terminal for power interruption.
(x) For meters required by this subpart or technical standards adopted by the Board as published in the Pennsylvania Bulletin and posted on the Board's web site, a cross-reference of product meters to the required meters, if necessary.
(xi) A description of error conditions and the corresponding action required by the operator.
(xii) A description of the use and function of available dip switch settings or configurable options.
(xiii) A description of the pseudo random number generator or generators used to determine game outcome, including a detailed explanation of operational methodology, and a description of the manner by which the pseudo random number generator and random number selection process is impervious to outside influences, interference from electro-magnetic, electrostatic and radio frequencies, and influence from ancillary equipment by means of data communications. Test results in support of representations shall be submitted. For the purposes of this subparagraph, ''game outcome'' means the results of a wager.
(xiv) Specialized hardware, software or testing equipment, inclusive of technical support and maintenance, needed to complete the evaluation, which may include an emulator for a specified microprocessor, personal computers, extender cables for CPU boards, target reel strips and door defeats. The testing equipment and services required by this paragraph shall be provided at no cost to the Board.
(xv) A compiler, or reasonable access to a compiler, for the purpose of building applicable code modules.
(xvi) Program storage media including EPROMs, EEPROMs and any type of alterable media for video gaming terminals.
(xvii) Technical specifications for any microprocessor or microcontroller.
(xviii) A complete, comprehensive and technically accurate description of the manner in which the video gaming terminals were tested for compatibility and compliance with the central control computer and protocol specifications approved by the Department including the ability to communicate with the central control computer for the purpose of transmitting auditing program information, real time information retrieval and activation and disabling of video gaming terminals.
(xix) Additional documentation requested by the Bureau of Gaming Laboratory Operations relating to the video gaming terminals.
(7) In the case of a modification to a video gaming terminal prototype, including a change in theme, all of the following additional information:
(i) A complete, comprehensive and technically accurate description of the proposed modification to the video gaming terminals prototype, accompanied by applicable diagrams, schematics and specifications.
(ii) When a change in theme is involved, a copy of the graphical images displayed on the video gaming terminals including reel strips, rules, instructions and paytables.
(iii) When a change in the manner in which the theoretical payout percentage is achieved is involved, a mathematical explanation of the theoretical return to the player, listing all assumptions, all steps in the formula from the first principles through to the final results of all calculations including bonus pays and, when a game requires or permits player skill in the theoretical derivations of the payout return, the source of strategy.
(iv) A complete, comprehensive and technically accurate description of the manner in which the video gaming terminals were tested for compatibility and compliance with the central control computer and protocol specifications approved by the Department including the ability to communicate with the central control computer for the purpose of transmitting auditing program information, real time information retrieval and activation and disabling of video gaming terminals.
(v) Additional documentation requested by the Bureau of Gaming Laboratory Operations relating to the modification of the video gaming terminals.
(8) In the case of a video gaming terminals monitoring system or automated gaming voucher machine, or any other equipment or system required to be tested and approved under subsection (c), all of the following:
(i) A technical and an operator manual.
(ii) A description of security methodologies incorporated into the design of the machine to include, when applicable, password protection, encryption methodology and its application, auto-authentication, network redundancy, back-up and recovery procedures.
(iii) A complete schematic or network diagram of the machine's major components accompanied by a description of each component's functionality and a software object report. The description must disclose the functions performed by each component.
(iv) A description of the data flow, in narrative and in schematic form, including specifics with regard to data cabling.
(v) A list of computer operating systems and third-party software incorporated into the system together with a description of their interoperability.
(vi) System software and hardware installation procedures.
(vii) A list of available system reports.
(viii) When applicable, features for each machine which may include employee card functions, reconciliation procedures and patron services.
(ix) A description of the interoperability testing including test results for each submitted machine's connection to, as applicable, computerized systems for counting money and vouchers. This list must identify the tested products by manufacturer, model and software identification and version number.
(x) A narrative describing the method used to authenticate software.
(xi) All source code.
(xii) A complete, comprehensive and accurate description, accompanied by applicable diagrams, schematics and specifications, of the creation of a voucher and the redemption options available.
(xiii) Any specialized hardware, software or other equipment, inclusive of technical support and maintenance applicable thereto, required by the Bureau of Gaming Laboratory Operations to conduct the testing and approval process contemplated by 4 Pa.C.S. Part III, this subpart and technical standards adopted by the Board as published in the Pennsylvania Bulletin and posted on the Board's web site. The testing equipment and services required by this paragraph shall be provided at no cost to the Board.
(xiv) Additional documentation requested by the Board related to the equipment or system being tested.
(9) In the case of a modification to any of the systems identified in paragraph (8), all of the following additional information:
(i) A complete, comprehensive and technically accurate description of the proposed modification to the machine, accompanied by applicable diagrams, schematics and specifications.
(ii) A brief narrative disclosing the purpose for the modification.
(iii) Additional documentation requested by the Bureau of Gaming Laboratory Operations relating to the modification.
(h) At the conclusion of testing of a prototype or modification by the Bureau of Gaming Laboratory Operations, but prior to a decision to approve a prototype or modification, the Board's Executive Director may require a trial period of scope and duration as he deems appropriate to assess the operation of the prototype or modification in a live gaming environment. The conduct of the trial period is subject to compliance by the licensed manufacturer, applicable licensed suppliers, gaming service provider and the terminal operator with specific terms and conditions as may be required by the Board's Executive Director, which may include development and implementation of product specific accounting and internal controls, periodic data reporting to the Board's Executive Director and compliance with technical standards on trial periods or the prototype or modification adopted by the Board as published in the Pennsylvania Bulletin and posted on the Board's web site. The Board's Executive Director may authorize the receipt of compensation by a licensed manufacturer, licensed supplier or gaming service provider during the trial period. The Board's Executive Director may terminate the trial period if he determines that the licensed manufacturer, licensed suppliers, gaming service provider or terminal operator conducting the trial period has not complied with the terms and conditions required by the Board's Executive Director or that the product is not performing as expected.
(i) At the conclusion of testing of a prototype or modification, the Bureau of Gaming Laboratory Operations will report to the Board's Executive Director the results of its testing. Upon receipt of the Bureau of Gaming Laboratory Operations' report, the Board's Executive Director will:
(1) Approve, approve with conditions or reject the submitted prototype or modification.
(2) Require additional testing or a trial period under subsection (h).
(j) The Board's Executive Director approval of a prototype or modification does not constitute a guarantee of the prototype's or modification's safety.
(k) A terminal operator is prohibited from installing in an establishment licensee's facility a video gaming terminal or associated equipment, or modification thereto, that is required to be tested unless the equipment, device or software has been approved by the Board's Executive Director. A terminal operator may not modify, alter or tamper with an approved video gaming terminal or associated equipment. A video gaming terminal or associated equipment installed in an establishment licensees' facility in contravention of this requirement will be subject to seizure by the Board.
(l) Notwithstanding subsection (k), the Board's Executive Director may authorize installation of a modification to a video gaming terminal prototype, or associated equipment prototype on an emergency basis to prevent cheating or malfunction, upon the written request of a licensed manufacturer. The request must expressly detail the name and employer of any persons to be involved in the installation of the modification and the manner in which it is to be effected. Within 15 days of receipt of any authorization to install an emergency modification, the manufacturer shall submit the modification for full testing and approval in accordance with this subpart.
(m) A terminal operator shall immediately notify the Bureau of Casino Compliance of any known or suspected defect or malfunction in any video gaming terminal or associated equipment installed in its licensed facility. The terminal operator shall comply with instructions issued by the Bureau of Gaming Laboratory Operations with regard to the continued operation of the video gaming terminal or associated equipment.
(n) Concurrent with the initial receipt of video gaming terminals, a terminal operator shall file a video gaming terminal master list.
(o) The testing of equipment, devices or software under this subpart may require the dismantling of the product and testing that may result in damage to, or destruction of, one or more systems or components. Once submitted for testing, equipment, devices or software will not be returned to the manufacturer.
§ 1112a.5. Video gaming terminal conversions.
A terminal operator shall do all of the following:
(1) Maintain complete and accurate records of all conversions.
(2) Give prior notice of a video gaming terminal conversion to the Bureau of Casino Compliance in writing.
(3) Notify the Department in accordance with § 463a.4 (relating to notice and connection to the central control computer system).
§ 1112a.6. Revocations and additional conditions.
The Board may revoke the approval of or impose additional conditions on a video gaming terminal prototype or associated equipment prototype, or modification thereto, if the equipment, device or software meets either of the following criteria:
(1) The equipment, device or software is not in compliance with 4 Pa.C.S. Part III (relating to video gaming), this subpart or technical standards adopted by the Board and published in the Pennsylvania Bulletin and posted on the Board's web site.
(2) The video gaming terminal, or modification thereto, is not compatible with, or compliant with the central control computer and protocol specifications approved by the Department or is unable to communicate with the central control computer for the purpose of transmitting auditing program information, real time information retrieval, and activation and disabling of video gaming terminal.
§ 1112a.7. Video gaming terminal minimum design standards.
(a) A video gaming terminal may not be set to pay out less than the theoretical payout percentage, which may not be less than 85%, calculated using the lowest possible wager that could be played for any single play, or equal or exceed 100%, calculated using the highest eligible wager available. The theoretical payout percentage for the total value of video gaming terminal wagers will be calculated using the following:
(1) The defined set of all symbols that will be displayed using spinning reels or video displays, or both.
(2) The finite set of all possible combinations which shall be known as the cycle of the game. All possible combinations in a video gaming terminal cycle must be independent of each other and of all possible combinations from cycles in other video gaming terminal.
(3) The value of each winning combination that corresponds with the set from paragraph (2) which, whether by reason of skill or application of the element of chance, or both, may deliver or entitle the person or persons playing the video gaming terminal to wins.
(4) The odds of any winning combination may not exceed 50 million to 1.
(b) The calculation of the theoretical payout percentage may not include the amount of any progressive wins in excess of the initial or reset amount.
(c) A play offered by a video gaming terminal may not have a theoretical payout percentage which is less than, when calculated to one hundredth of a percentage point, the theoretical payout percentage for any other play offered by that video gaming terminal which is activated by a video gaming terminal wager in a lesser amount than the video gaming terminal wager required for that play. Notwithstanding the foregoing, the theoretical payout percentage of one or more particular plays may be less than the theoretical payout percentage of one or more plays which require a lesser wager provided that:
(1) The aggregate total of the decreases in the theoretical payout percentage for plays offered by the video gaming terminal is not more than 1/2 of 1%.
(2) The theoretical payout percentage for every play offered by the video gaming terminal is equal to or greater than the theoretical payout percentage for the play that requires the lowest possible wager that will activate the video gaming terminal.
(d) The selection from the set of all possible combinations of symbols shall be made applying a pseudo random number generator. At a minimum, a pseudo random number generator must adhere to all of the following criteria:
(1) The random selection process must meet a 95% confidence interval.
(2) A random number generator must pass a standard chi-squared test for goodness of fit.
(3) Each possible video gaming terminal combination which produces winning or losing video gaming terminal outcomes must be available for random selection at the initiation of each play.
(4) A video gaming terminal payout percentage that may be affected by reason of skill must meet the theoretical payout requirements in this subpart when evaluated by the Board using a method of play that will provide the greatest return to the player.
(5) Once a random selection process has occurred, the video gaming terminal must do all of the following:
(i) Display an accurate representation of the randomly selected outcome.
(ii) Not make a secondary decision which affects the result shown to the person playing the video gaming terminal.
(e) A video gaming terminal is prohibited from automatically altering any function of the video gaming terminal based on internal computation of the hold percentage.
(f) The available winning combinations and applicable rules of play for a video gaming terminal must be available at all times the video gaming terminal is idle to the patron playing the video gaming terminal. The award schedule of available winning combinations may not include possible aggregate awards achievable from free plays. A video gaming terminal that includes a strategy choice must provide mathematically sufficient information for a patron to use optimal skill. Information regarding a strategy choice need not be made available for any strategy decisions whenever the patron is not required, in addition to the initial wager, to make an additional wager and, when as a result of playing a strategy choice, the patron cannot lose any credits earned thus far during that game play.
(g) Video gaming terminals approved for use in an establishment licensee's facility must be equipped with all of the following meters that comply with the technical standards adopted by the Board and published in the Pennsylvania Bulletin and posted on the Board's web site:
(1) Coin in. A meter that accumulates the total value of all wagers, whether the wager results from the insertion of currency, gaming vouchers, credits won or any other means. This meter must, for multigame and multidenomination/multigame video gaming terminal, monitor the information necessary, on a per paytable basis, to calculate a weighted average actual payout percentage.
(2) Coin out. A meter that accumulates the total value of all amounts directly paid by the video gaming terminal as a result of winning wagers, whether the payout is made directly from the printer by issuance of a gaming voucher, directly to a credit meter or by any other means. This meter may not record amounts awarded as the result of a progressive payout.
(3) Attendant paid cancelled credits. A meter that accumulates the total value of all amounts paid by an attendant resulting from a player initiated cash-out that exceeds the physical or configured capability of the video gaming terminal.
(4) Bill in. A meter that accumulates the total value of currency accepted. The video gaming terminal must also have a specific meter for each denomination of currency accepted that records the number of bills accepted for each denomination.
(5) Voucher in—cashable/value. A meter that accumulates the total value of cashable gaming vouchers accepted by the video gaming terminal.
(6) Voucher in—cashable/count. A meter that accumulates the total number of cashable gaming vouchers accepted by a video gaming terminal.
(7) Voucher out—cashable/value. A meter that accumulates the total value of cashable gaming vouchers issued by the video gaming terminal.
(8) Voucher out—cashable/count. A meter that records the total number of cashable gaming vouchers issued by a video gaming terminal.
(9) Video gaming terminal paid progressive payout. A meter that accumulates the total value of credits paid as a result of progressive awards paid directly by the video gaming terminal. This meter may not record awards paid as a result of an external bonusing system.
(10) Attendant paid progressive payout. A meter that accumulates the total value of credits paid by a video gaming terminal attendant as a result of progressive awards that are not capable of being paid by the video gaming terminal. This meter may not include awards paid as a result of an external bonusing system.
(11) Additional requirements. Other meters required by technical standards adopted by the Board and published in the Pennsylvania Bulletin and posted on the Board's web site.
(h) A video gaming terminal that does not meter one or more of the events required to be metered under subsection (g) may be approved when a terminal operator's system of internal controls establishes that the meter is not required to capture all critical transactions occurring on the video gaming terminal.
(i) The meters required under subsection (g) must continuously and automatically increment in units equal to the denomination of the video gaming terminal or, in the case of a video gaming terminal configured for multidenomination play, must display the required information in dollars and cents.
(j) A video gaming terminal approved for use in an establishment licensee's must be equipped with all of the following noncumulative meters:
(1) Credits wagered. A meter, visible from the front exterior of a video gaming terminal, known as a credit wagered meter that advises the patron of the total value of amounts wagered in a particular game or round of video gaming.
(2) Win meter. A meter, visible from the front exterior of the video gaming terminal, known as a win meter that advises the patron of the total value of amounts won in the immediately concluded game or round of video gaming play.
(3) Credits paid. A meter, visible from the front exterior of the video gaming terminal, known as a credits paid meter that advises the patron of the total value of the last:
(i) Cash out initiated by the patron.
(ii) Attendant paid cancelled credit.
(4) Credit meter. A meter, visible from the front exterior of the video gaming terminal and specifically labeled as a credit meter, which advises the patron as to the number of credits or monetary value available for wagering on the video gaming terminal.
(k) A video gaming terminal must have a meter which stores the number of games played, in the manner and for a duration specified in this subpart or in technical standards adopted by the Board and published in the Pennsylvania Bulletin and posted on the Board's web site, since the following events:
(1) Power reset.
(2) Door close.
(3) Game initialization (RAM clear).
(l) A video gaming terminal must be equipped with a device, mechanism or method for retaining the total value of all meters required under subsection (g) for 72 hours subsequent to a power loss.
(m) The required meters on a video gaming terminal must be accessible and legible without access to the interior of the video gaming terminal.
(n) A video gaming terminal must be equipped with a tower light capable of effectively communicating the status of the video gaming terminal in accordance with technical standards on tower lights and error conditions.
(o) A video gaming terminal must be equipped with a device, mechanism or method for detecting, displaying and communicating to a video gaming terminal monitoring system error conditions. The error conditions detected, displayed and communicated by a video gaming terminal, and the method to be utilized to clear the message with regard to the error condition, must be in accordance with technical standards on tower lights and error conditions.
(p) A video gaming terminal must, in accordance with 4 Pa.C.S. § 3309 (relating to central control computer system), comply with the comprehensive protocol specifications necessary to enable the video gaming terminal to communicate with the Department's central control computer as that protocol is amended or supplemented, for the purpose of transmitting auditing program information, real time information retrieval and slot machine activation and disabling.
(q) Printers incorporated into a video gaming terminal must be:
(1) Designed to allow the video gaming terminal to detect and report a low paper level, paper out, presentation error, printer failure and paper jams.
(2) Mounted inside a lockable compartment within the video gaming terminal.
(r) Seating made available by a terminal operator licensee for use during video gaming play may be fixed and stationary or nonfixed. When fixed and stationary seating is used, it shall be installed in a manner that effectively precludes its ready removal by a patron but permits controlled removal, for example for American With Disabilities Act of 1990 (42 U.S.C.A. §§ 12101—12213) purposes. When nonfixed seating is used, the terminal operator shall maintain a minimum aisle width of 48 inches, measured from the seat back to a wall, divide or another seat back when the nonfixed seating is vacant and is touching or is as close as possible to the video gaming terminal at which the nonfixed seating is being used.
(s) Unless a terminal operator's video gaming terminal monitoring system is configured to automatically record all of the information required by this subsection, the terminal operator is required to physically house in each video gaming terminal all of the following entry authorization logs:
(1) A machine entry authorization log that documents each time a video gaming terminal or any device connected thereto which may affect the operation of the video gaming terminal is opened. The log must contain, at a minimum, the date, time, purpose for opening the video gaming terminal or device, and the signature and license or permit number of the person opening and entering the video gaming terminal or device. Each log must have recorded thereon a sequence number and the manufacturer's serial number or the asset number corresponding to the video gaming terminal in which it is housed.
(2) A progressive entry authorization log that documents each time a progressive controller not housed within the cabinet of the video gaming terminal is opened. The log must contain, at a minimum, the date, time, purpose for accessing the progressive controller, and the signature and license or permit number of the person accessing the progressive controller. Each log must be maintained in the progressive controller unit and have recorded thereon a sequence number and the manufacturer's serial number of the progressive controller.
(t) A video gaming terminal must be equipped with a lock controlling access to the card cage door securing the microprocessor, the key to which must be different from any other key securing access to the video gaming terminal's components including its belly door or main door, bill validator or video gaming terminal cash storage box. Access to the key securing the microprocessor shall be limited to an employee of a terminal operator who possesses a valid gaming occupation permit, unless another person is specifically authorized to possess a key by the Board's Executive Director.
(u) A video gaming terminal must be equipped with a mechanism for detecting and communicating to a video gaming terminal monitoring system any activity with regard to access to the card cage door securing its microprocessor.
(v) A video gaming terminal that does not require a full-time attendant for operation must be equipped with a service button designed to allow the player of a video gaming terminal to request assistance or report a terminal malfunction. The service button must:
(1) Be visible to and within easy reach of the player of the video gaming terminal.
(2) Communicate directly or through the video gaming terminal to the video gaming terminal's tower light which will provide a signal that is in compliance with the technical standards on video gaming terminal tower lights.
(w) A video gaming terminal on the gaming floor must have a label on the top of the video gaming terminal and on the front of the video gaming terminal near the bill validator that displays the asset number and the gaming floor plan location number of the video gaming terminal. The labels must have white lettering on a black background or other color combination approved by the Bureau of Casino Compliance, may not be easily removed and must be easily visible to surveillance cameras. The label on the top of the slot machine must be at least 1.5 inches by 5.5 inches and the label on the front of the video gaming terminal must be a least 1 inch by 2.5 inches or other sizes approved by the Bureau of Casino Compliance.
§ 1112a.8. Gaming vouchers.
(a) A terminal operator may utilize gaming vouchers and a gaming voucher system that has been tested and approved by the Board under § 461a.4 (relating to submission for testing and approval).
(b) The design specifications for a gaming voucher, the voucher verification methodologies utilized and any limitation on the value of a gaming voucher must be in compliance with technical standards on gaming vouchers.
(c) The design specifications for a gaming voucher system must be in compliance with technical standards on gaming voucher systems.
(d) Prior to issuing a gaming voucher, a terminal operator shall establish a system of internal controls for the issuance and redemption of gaming vouchers. The internal controls shall be submitted and approved by the Board and address all of the following:
(1) Procedures for assigning an asset number and identifying other redemption locations in the system, and enabling and disabling voucher capabilities for video gaming terminal and redemption locations.
(2) Procedures for issuance, modification and termination of a unique system account for each user.
(3) Procedures used to configure and maintain user passwords.
(4) Procedures for restricting special rights and privileges, such as administrator and override capabilities.
(5) The duties and responsibilities of the information technology, internal audit, video gaming terminal operations and finance departments, respectively, and the level of access for each position with regard to the gaming voucher system.
(6) A description of physical controls on all critical hardware such as locks and surveillance, including the location and security protocols applicable to each piece of equipment.
(7) Procedures for the backup and timely recovery of critical data in accordance with technical standards.
(8) Logs used to document and maintain the details of Board-approved hardware and software modifications upon implementation.
(9) Procedures for the retention, tracking and payment of the value of unredeemed gaming vouchers to the State Treasurer as required under Article XIII.1 of The Fiscal Code (72 P.S. §§ 1301.1—1301.29), regarding the disposition of abandoned and unclaimed property.
(e) The system of internal controls required to be submitted and approved by the Board under subsection (d) must also include the procedures to be applied in all of the following instances:
(1) The procedures used by the terminal operator to pay a patron the value of a video gaming voucher when the gaming voucher system is inoperable.
(2) The procedures used by the terminal operator to pay a patron the value of a video gaming voucher when the redemption terminal is inoperable.
(f) At the end of each gaming day, the video gaming voucher system must generate reports and the reports must be provided to the terminal operator, either directly by the system or through the information technology department. The report, at a minimum, must contain all of the following information:
(1) A report of all gaming vouchers that have been issued which includes the asset number and the serial number of the video gaming terminal, and the value, date and time of issuance of each gaming voucher.
(2) A report of all gaming vouchers that have been redeemed and cancelled by redemption location, including the asset number of the video gaming terminal, the serial number, the value, date and time of redemption for each voucher, and the total value of all vouchers redeemed.
(3) The unredeemed liability for gaming vouchers.
(4) The readings on gaming voucher related video gaming terminal meters and a comparison of the readings to the number and value of issued and redeemed video gaming vouchers, as applicable.
(5) Exception reports and audit logs.
(g) A terminal operator shall immediately report to the Board evidence that a video gaming voucher has been counterfeited, tampered with or altered in any way which would affect the integrity, fairness, reliability or suitability of the voucher.
(h) Upon presentation of a gaming voucher for redemption at a video gaming terminal, the total value of which gaming voucher cannot be completely converted into an equivalent value of credits that match the denomination of the video gaming terminal, the video gaming terminal must perform one of the following procedures:
(1) Automatically issue a new gaming voucher containing the value that cannot be completely converted.
(2) Not redeem the gaming voucher and immediately return the gaming voucher to the patron.
(3) Allow for the additional accumulation of credits on an odd cents meter or a meter that displays the value in dollars and cents.
(i) A terminal operator that utilizes a system or a video gaming terminal that does not print a test gaming voucher that is visually distinguishable from a valid gaming voucher whenever the video gaming terminal is tested on the video gaming floor must have in place internal controls approved by the Board for the issuance of test currency and the return and reconciliation of the test currency and any gaming vouchers printed during the testing process.
(j) Except as provided by the approved internal controls procedures outlined in subsection § 1114a.1(c)(8) (relating to video gaming accounting and internal controls) with regard to employee redemption of gaming vouchers, a gaming voucher shall be redeemed by a patron for a specific value of cash through a redemption terminal on the premises of the establishment licensee or at a video gaming terminal. Notwithstanding the forgoing, a terminal operator may not permit a gaming voucher that is presented for redemption to be redeemed if it knows, or has reason to know, that the gaming voucher:
(1) Is materially different from the sample of the gaming voucher approved by the Board.
(2) Was previously redeemed.
(3) Was printed as a test gaming voucher.
(k) Gaming vouchers redeemed at automated gaming voucher redemption terminals shall be retained by the terminal operator representatives with no incompatible functions shall perform, at a minimum, all of the following:
(1) On a weekly basis, or other period approved by the Board:
(i) Compare gaming voucher system report data to any redemption terminal report data available to ensure proper electronic cancellation of the gaming voucher.
(ii) Calculate the unredeemed liability for gaming vouchers, either manually or by means of the gaming voucher system.
(2) On a weekly basis, compare appropriate video gaming terminal meter readings to the number and value of issued and redeemed gaming vouchers per the gaming voucher system. Meter readings obtained through a video gaming terminal monitoring system may be utilized to complete this comparison.
(l) A terminal operator shall provide written notice to the Bureau of Casino Compliance of any adjustment to the value of any gaming voucher. The notice shall be made prior to, or concurrent with, the adjustment.
(m) A gaming voucher system must be configured to alert a terminal operator to any malfunction. Following a malfunction of a system, a terminal operator shall notify the Bureau of Casino Compliance within 24 hours of the malfunction and may not utilize the system until the malfunction has been successfully eliminated. Notwithstanding the foregoing, the Bureau of Casino Compliance may permit a terminal operator to utilize the system prior to its being successfully restored, for a period not to exceed 72 hours, provided all of the following apply:
(1) The malfunction is limited to a single storage media device, such as a hard disk drive.
(2) In addition to the malfunctioning storage media device, the system contains a backup storage media device not utilized in the normal operation of the system. The backup device must immediately and automatically replace the malfunctioning device to permit a complete and prompt recovery of all information in the event of an additional malfunction.
(3) Continued use of the malfunctioning system would not inhibit the ability to perform a complete and prompt recovery of all information, and would not otherwise harm or affect the normal operation of the system.
(n) Other than a modification to a gaming voucher system required on an emergency basis to prevent cheating or malfunction and approved by the Board, a modification to a gaming voucher system may not be installed without the gaming voucher system having undergone the testing and approval process required under § 1112a.4 (relating to submission for testing and approval).
§ 1112a.9. Redemption terminals.
(a) A terminal operator shall utilize an automated redemption terminal that has been tested and approved by the Board under § 1112a.4 (relating to submission for testing and approval).
(b) Redemption terminals must be located in the video gaming area of an establishment licensee and subject to surveillance coverage as approved by the Board. Each redemption terminal must have a label on the top of the redemption terminal and on the front of the redemption terminal that displays the asset number of the redemption terminal. The labels must have white lettering on a black background or other color combination approved by the Bureau of Casino Compliance and may not be easily removed. The label on the top of the redemption terminal must be at least 1.5 inches by 5.5 inches and the label on the front of the redemption terminal must be at least 1 inch by 2.5 inches or other sizes approved by the Bureau of Casino Compliance.
(c) A redemption terminal must have the capability of establishing the validity of a gaming voucher by comparing the instrument's unique serial number, automatically generated by the respective gaming voucher system in accordance with this subpart and technical standards adopted by the Board and published in the Pennsylvania Bulletin and posted on the Board's web site with electronic records within the gaming voucher system.
(d) The methods utilized to comply with the requirements in subsection (c) shall be submitted to and approved by the Board under § 1112a.4 in the context of the testing of a gaming voucher system.
(e) A redemption terminal may function as a bill breaker changing bills of one denomination into bills of a smaller denomination.
(f) A redemption terminal must contain a lockable gaming voucher and currency storage box which retains any gaming vouchers or currency accepted by the machine. The gaming voucher and currency storage box located inside the terminal must also have imprinted, affixed or impressed thereon the asset identification number of the corresponding terminal.
(g) A redemption terminal must have, at a minimum, all of the following:
(1) One lock securing the compartment housing the storage box and one lock securing the storage box within the compartment, the keys to which must be different from each other.
(2) One lock securing the compartment housing the currency cassettes.
(3) One lock securing the contents of the storage box, the key to which must be different from the keys referenced in paragraphs (1) and (2).
(h) A redemption terminal shall be designed to resist forced illegal entry.
(i) A redemption terminal's currency cassettes shall be designed to preclude access to its interior.
(j) Access controls relating to the operating system or applications of the redemption terminal, and ancillary systems, applications and equipment associated with the reconciliation thereof, must employ security measures that require authentication of the user and recording and maintaining of data regarding access and modifications made. Authentication must be in accordance with this subpart and technical standards adopted by the Board and published in the Pennsylvania Bulletin and posted on the Board's web site.
(k) A gaming voucher accepted by a redemption terminal shall be cancelled immediately upon exchange in a manner that effectively prevents its subsequent redemption by the same or another redemption terminal or its acceptance in a video gaming terminal bill validator. The methods utilized to comply with this requirement must be in accordance with this subpart and technical standards adopted by the Board and published in the Pennsylvania Bulletin and posted on the Board's web site.
(l) A redemption terminal shall be designed to be impervious to outside influences, interference from electro-magnetic, electro-static and radio frequencies, and influence from ancillary equipment.
(m) A redemption terminal must include a means to protect against transaction failure and data loss due to power loss.
(n) A redemption terminal machine must detect, display and record electronically power reset, door open, door just closed and system communication loss error conditions. These error conditions may be automatically cleared by the redemption terminal when the condition no longer exists and upon completion of a new transaction.
(o) A redemption terminal must detect, display and record electronically all of the following error conditions that disable the redemption terminal and prohibit new transactions:
(1) Failure to make payment, if the gaming voucher is not returned and a receipt is not issued.
(2) Failure to make complete payment if a receipt for the unpaid amount is not issued.
(3) Bill validator failure.
(4) Printer failure due to printer jam or lack of paper.
(p) A redemption terminal shall be designed to evaluate whether sufficient funds are available before stacking the voucher and completing the transaction.
(q) A redemption terminal must be capable of maintaining synchronization between its real-time clock and that of the gaming voucher system.
(r) A redemption terminal must be equipped with electronic digital storage meters. The information must be readily available through system reports. When a value is maintained, the value must be in dollars and cents. A redemption terminal must accumulate all of the following information:
(1) Physical coin out. The total value, by denomination, of coins paid by the redemption terminal.
(2) Voucher in—value. The value of cashable gaming vouchers accepted.
(3) Voucher in—count. The number of cashable gaming vouchers accepted.
(4) Bill in. The value of currency accepted by the redemption terminal. A redemption terminal must also have specific meters for each denomination of currency accepted that records the number of bills accepted.
(5) Bill out. The total value of currency dispensed. A redemption terminal must also provide for specific meters for each denomination of currency dispensed that record the number of bills dispensed.
(6) Additional requirements. Other meters as may be required by technical standards adopted by the Board and published in the Pennsylvania Bulletin and posted on the Board's web site.
(s) A redemption terminal must have the capacity to record and retain, in an automated transaction log, all critical transaction history for at least 30 days. Transaction history must include records with the date, time, amount and disposition of each complete and incomplete transaction, error conditions, logical and physical access, and attempted access to the redemption terminal. If a redemption terminal is capable of redeeming multiple vouchers in a single transaction, the transaction history must include a breakdown of the transaction with regard to the individual gaming vouchers.
(t) A redemption terminal or ancillary systems, applications and equipment associated with the reconciliation thereof, must be capable of producing all of the following reports upon request:
(1) Gaming voucher transaction report. The report must include the disposition (paid, partial pay and unpaid) of gaming vouchers accepted by a redemption terminal which must include the validation number, the date and time of redemption, amount requested and the amount dispensed. This information must be available by reconciliation period which may be by day, shift or drop cycle.
(2) Reconciliation report. The report must include all of the following:
(i) Report date and time.
(ii) Unique asset identification number of the redemption terminal.
(iii) Total cash balance of the currency cassettes.
(iv) Total count of currency accepted by denomination.
(v) Total dollar amount of vouchers accepted.
(vi) Total count of gaming vouchers accepted.
(3) Gaming voucher and currency storage box report. The report must be generated, at a minimum, whenever a gaming voucher, and currency storage box is removed from a redemption terminal. The report must include all of the following:
(i) Report date and time.
(ii) Unique asset identification number of the machine.
(iii) Unique identification number for each storage box in the machine.
(iv) Total value of currency accepted.
(v) Total number of bills accepted by denomination.
(vi) Total count of gaming vouchers accepted.
(4) Transaction report. The report must include all critical patron transaction history including the date, time, amount and disposition of each complete and incomplete transaction. If a redemption terminal is capable of redeeming multiple vouchers in a single transaction, the transaction history must include a breakdown of the transaction with regard to the individual gaming vouchers accepted.
§ 1112a.10. Progressive video gaming terminals.
(a) A progressive video gaming terminal may stand alone or be linked with other progressive video gaming terminals in the same establishment licensee's facility.
(b) Each video gaming terminal that offers a progressive jackpot must have all of the following:
(1) A progressive meter, visible from the front of the video gaming terminal, which may increase in value based upon wagers, that advises the player of the amount which can be won if the player receives the combination on the video gaming terminal that awards the progressive jackpot.
(2) A video gaming terminal paid progressive payout meter.
(3) A cumulative progressive payout meter that continuously and automatically records the total value of progressive jackpots paid directly by the video gaming terminal.
(4) A key and key switch or other reset mechanism to reset the progressive meter or meters.
(5) A key locking the compartment housing the progressive meter or meters or other means by which to preclude any unauthorized alterations to the progressive meters. The key or alternative security method must be different than the key or reset mechanism in paragraph (4).
(6) If the progressive controller is not secured in a video gaming terminal, the progressive controller:
(i) Must be maintained in a secure area approved by the Bureau of Casino Compliance.
(ii) Must be dual key controlled with one key controlled by the terminal operator's operations department and the other key controlled by a different designated department with no incompatible functions, as specified in the licensee's internal controls.
(iii) May not be accessed until the Bureau of Gaming Laboratory Operations is electronically notified.
(c) In addition to the requirements in subsection (b), a video gaming terminal that is connected to a common progressive meter for the purpose of offering the same progressive jackpot on two or more video gaming terminals must:
(1) Have the same probability of hitting the combination that will award the progressive jackpot as every other video gaming terminal linked to the common progressive meter.
(2) Require that the same amount in wager be invested to entitle the player to a chance at winning the progressive jackpot and that each increase in wager increment the progressive meter by the same rate of progression as every other video gaming terminal linked to the common progressive meter.
(d) Notwithstanding the provisions of subsection (c), two or more linked video gaming terminals offering the same progressive jackpot may be of different denominations or have different wagers, or both, required to win the progressive jackpot, provided that all of the following apply:
(1) The probability of winning the progressive jackpot is directly proportional to the wager required to win that jackpot.
(2) Notice indicating the proportional probability of hitting the progressive jackpot on the linked progressive system is conspicuously displayed on each linked video gaming terminal.
(e) A terminal operator seeking to utilize a linked video gaming terminal shall submit for approval in accordance with § 1112a.4 (relating to submission for testing and approval) the location and manner of installing any progressive meter display mechanism.
(f) A video gaming terminal that offers a progressive jackpot may not be placed in the video gaming area until the terminal operator has submitted all of the following to the Bureau of Casino Compliance for review and approval in accordance with § 1112a.4:
(1) The initial and reset amounts at which the progressive meter or meters will be set.
(2) The proposed system for controlling the keys and applicable logical access controls to the video gaming terminal.
(3) The proposed rate of progression for each progressive jackpot.
(4) The proposed limit for the progressive jackpot, if any.
(5) The calculated probability of winning each progressive jackpot. The probability may not exceed 50 million to 1.
(g) A video gaming terminal that offers either a new progressive jackpot or undergoes a modification or RAM clear of an existing progressive jackpot may not be made available for play by the public until the video gaming terminal has been tested and certified by the Bureau of Gaming Laboratory Operations. For purposes of this subsection, a modification includes any change in the software, hardware, including controllers, and any associated equipment that relates to progressive functionality.
(h) Progressive jackpot meters may not be turned back to a lesser amount unless one of the following occurs:
(1) The amount indicated has been actually paid to a winning patron and the progressive jackpot amount has been recorded in accordance with a system of internal controls.
(2) With written approval, the progressive jackpot has been transferred to another progressive video gaming terminal in accordance with subsection (k)(4).
(3) The change is necessitated by a video gaming terminal or meter malfunction. An explanation for the change shall be entered on the progressive video gaming terminal summary required under this subpart and the Bureau of Gaming Laboratory Operations shall be notified of the resetting in writing.
(i) Once an amount appears on a progressive meter, the probability of hitting the combination that will award the progressive jackpot may not be decreased unless the progressive jackpot has been won by a patron, has been transferred to another progressive video gaming terminal or has been removed in accordance with subsection (k).
(j) When a video gaming terminal has a progressive meter with digital limitations on the meter, the terminal operator shall set a limit on the progressive jackpot not to exceed the display capability of the progressive meter.
(k) A terminal operator may limit, transfer or terminate a progressive jackpot offered in a video gaming area only under the following circumstances:
(1) A terminal operator shall establish a payout limit for a progressive jackpot of $1,000.
(2) A terminal operator may terminate a progressive jackpot concurrent with the winning of the progressive jackpot provided its video gaming terminal program or progressive controller was configured prior to the winning of the progressive jackpot to establish a fixed reset amount with no progressive increment.
(3) A terminal operator may immediately and permanently remove one or more linked video gaming terminal from a gaming floor, provided that the terminal operator retains at least one video gaming terminal offering the same progressive jackpot in its video gaming area.
(4) A terminal operator may transfer a progressive jackpot amount on a standalone video gaming terminal or the common progressive jackpot on an entire link of video gaming terminal with a common progressive meter from a video gaming area provided the terminal operator receives written approval from the Bureau of Gaming Laboratory Operations prior to the transfer and the accrued amount minus the seed amount of the progressive jackpot is:
(i) Transferred in its entirety.
(ii) Transferred to one of the following:
(A) The progressive meter for a video gaming terminal with the same or similar probability of winning the progressive jackpot, the same or lower wager requirement to be eligible to win the progressive jackpot and the same type of progressive jackpot.
(B) The progressive meters of two separate video gaming terminals provided that each video gaming terminal to which the jackpot is transferred individually satisfies the requirements in clause (A).
(iii) Notice of intent to transfer the progressive jackpot is conspicuously displayed on the front of each video gaming terminal for at least 30 days.
(5) If a transfer cannot be made in accordance with paragraph (4) or with good cause shown, a terminal operator may remove progressive functionality, change the game theme or permanently remove a standalone progressive video gaming terminal, or an entire link of video gaming terminal with a common progressive jackpot from a video gaming area, provided all of the following:
(i) Notice of intent to remove the progressive video gaming terminals is conspicuously displayed on the front of each video gaming terminal for at least 30 days.
(ii) Prior to posting the notice of intent required under subparagraph (i), the terminal operator licensee receives written approval from the Bureau of Gaming Laboratory Operations to remove the progressive video gaming terminal.
(l) Progressive video gaming terminal removed from the video gaming area in accordance with subsection (k)(5) may not be returned to the gaming floor for 90 days.
(m) The amount indicated on the progressive meter or meters and coin in meter on each video gaming terminal governed by subsection (b) must be recorded on a progressive video gaming terminal summary report at least once every 7 calendar days and each report shall be signed by the preparer. If not prepared by the terminal operator's finance department, the progressive video gaming terminal summary report shall be forwarded to the finance department by the end of the gaming day on which it is prepared. A representative of the finance department shall be responsible for calculating the correct amount that should appear on a progressive meter. If an adjustment to the progressive meters is necessary, the adjustment shall be made by a member of the video gaming terminal operations department as follows:
(1) Supporting documentation shall be maintained to explain any addition or reduction in the registered amount on the progressive meter. The documentation must include the date, asset number of the video gaming terminal, the amount of the adjustment, and the signatures of the finance department member requesting the adjustment and of the video gaming terminal operations department member making the adjustment.
(2) The adjustment shall be effectuated within 48 hours of the meter reading.
(n) Except as otherwise authorized by this section, a video gaming terminal offering a progressive jackpot that is temporarily removed from the video gaming area shall be returned to active play or replaced in the video gaming area within 5 gaming days. The amount on the progressive meter or meters on the returned or replacement video gaming terminal may not be less than the amount on the progressive meter or meters at the time of removal.
(o) When a video gaming terminal is located adjacent to a video gaming terminal offering a progressive jackpot, the terminal operator shall conspicuously display a notice advising patrons that the video gaming terminal is not participating in the progressive jackpot of the adjacent video gaming terminal.
§ 1112a.11. Video gaming terminal monitoring systems.
(a) A terminal operator may utilize a video gaming terminal monitoring system which has an interface between it and video gaming terminals and related systems that has been tested and approved by the Board under § 1112a.4 (relating to submission for testing and approval).
(b) A video gaming terminal monitoring system must comply with 4 Pa.C.S. (relating to amusements), this subpart and technical standards on video gaming terminal monitoring systems adopted by the Board and published in the Pennsylvania Bulletin and posted on the Board's web site.
§ 1112a.12. Remote system access.
(a) In emergency situations or as an element of technical support, an employee of a licensed manufacturer may perform analysis of, or render technical support with regard to, a terminal operator's video gaming terminal monitoring system, gaming voucher system or other Board-approved system from a remote location.
(b) Remote system access shall be performed in accordance with the provisions on remote system access under § 461a.19 (relating to remote system access).
(c) Prior to granting remote system access, a terminal operator shall establish a system of internal controls applicable to remote system access. The internal controls shall be submitted to and approved by the Board under § 465a.2 (relating to internal control systems and audit protocols). The internal control procedures submitted by the terminal operator shall be designed to protect the physical integrity of the systems in subsection (a) and the related data and be capable of limiting the remote access to the system or systems requiring technical support.
§ 1112a.13. Video gaming terminals and associated equipment utilizing alterable storage media.
(a) Definition. The following term, when used in this section, has the following meaning, unless the context clearly indicates otherwise:
Alterable storage media—
(i) Memory or other storage medium, such as an EEPROM, flash, optical or magnetic storage device, that is contained in a video gaming terminal or associated equipment subject to approval under § 461a.4 (relating to submission for testing and approval), that allows the modification of programs or data on the storage media during the normal operation of the video gaming terminal or associated equipment.
(ii) The term does not include the following:
(A) Memory or other storage medium typically considered to be alterable but through either software or hardware means approved by the Board have been rendered unalterable and remain verifiable by the central control computer system.
(B) Associated equipment using alterable storage media that the Board determines are incapable of influencing the integrity or outcome of game play.
(b) Use of alterable storage media. Any use of alterable storage media in a video gaming terminal or associated equipment must be in compliance with 4 Pa.C.S. Part III (relating to video gaming), this subpart and technical standards on alterable storage media adopted by the Board and published in the Pennsylvania Bulletin and posted on the Board's web site.
§ 1112a.14. Waivers.
(a) The Board may, on its own initiative, waive one or more of the requirements in this chapter or the technical standards applicable to video gaming terminal and associated equipment adopted by the Board and published in the Pennsylvania Bulletin and posted on the Board's web site upon a determination that the nonconforming video gaming terminal or associated equipment or modification as configured meets the operational integrity requirements in 4 Pa.C.S. Part III (relating to video gaming), this subpart and technical standards adopted by the Board and published in the Pennsylvania Bulletin and posted on the Board's web site.
(b) A manufacturer may submit a written request to the Board for a waiver for one or more of the requirements in this chapter or the technical standards applicable to video gaming terminal and associated equipment adopted by the Board and published in the Pennsylvania Bulletin and posted on the Board's web site. The request must:
(1) Be submitted as a petition under § 493a.4 (relating to petitions generally).
(2) Include supporting documentation demonstrating how the video gaming terminal or associated equipment for which the waiver has been requested will still meet the operational integrity requirements in 4 Pa.C.S. Part III, this subpart and technical standards adopted by the Board and published in the Pennsylvania Bulletin and posted on the Board's web site.
(3) Be approved by the Board.
§ 1112a.15. Disputes.
(a) If a dispute arises with a patron, the terminal operator shall attempt to resolve the dispute. If the dispute cannot be resolved, the terminal operator shall notify the Bureau of Casino Compliance who will attempt to resolve the dispute. If the dispute is not resolved, the Bureau of Casino Compliance will provide the patron with a Board Patron Dispute/Complaint Form and Instructions for Submitting a Patron Dispute/Complaint and assist the patron in completing the Board Patron Dispute/Complaint Form.
(b) When a patron files a complaint, the Bureau will conduct an investigation of the complaint.
§ 1112a.16. Testing and software installation in the live video gaming area.
(a) Prior to the testing of video gaming terminals, associated equipment and displays in a live video gaming area during a terminal operator's normal hours of operation, the terminal operator shall notify the Bureau of Casino Compliance in writing at least 72 hours prior to the test date and receive the required approvals from the Bureau of Gaming Laboratory Operations prior to beginning testing. The notification must include all of the following:
(1) A detailed narrative description of the type of testing to be conducted, including the reason for the testing, a list of individuals conducting the testing and the terminal operator's procedures for conducting the testing.
(2) The date, time and approximate duration of the testing.
(3) The model, video gaming terminals location number and asset number of the video gaming terminals to be tested.
(4) The location within the licensed facility where the testing will occur.
(b) A terminal operator shall notify the Bureau of Casino Compliance at least 72 hours prior to the installation of any new software or the installation of any change in previously approved software and receive the required approvals prior to the installation of any of the following:
(1) Automated gaming voucher redemption terminals.
(2) Video gaming terminals monitoring systems.
(3) Additional automated bill breaker machines, automated gaming voucher redemption terminals and automated teller machines in the video gaming area.
(4) Gaming voucher systems.
(c) The notification required under subsection (b) must include all of the following:
(1) A description of the reasons for the new installation or change in previously approved software.
(2) A list of the current computer components, software identifications or versions that are to be modified or replaced.
(3) A list of the proposed computer components, software identifications or versions that will modify or replace the existing components or software.
(4) The method to be used to complete the proposed installation.
(5) The date and time that the proposed modification will be installed and the estimated time for completion.
(6) The name, title and employer of the persons performing the installation.
(7) The plan to handle disruptions, if any, to the video gaming area.
(8) The approximate length of time the video gaming area or systems will be disrupted.
(9) Plans for system backup prior to any proposed installation.
§ 1112a.17. RAM clear.
(a) When a terminal operator becomes aware of a nonresponsive video gaming terminals, and communication between the video gaming terminals and the central control computer cannot be re-established, the terminal operator shall immediately notify the Department's operator of the central control computer and the Bureau of Casino Compliance. The terminal operator may not do a RAM clear on the affected video gaming terminals or associated equipment until the information on the financial meters has been accurately recorded and provided to the Bureau of Casino Compliance.
(b) For planned RAM clears, the terminal operator shall provide notice to the Department's operator of the central control computer and the Bureau of Casino Compliance at least 48 hours prior to the scheduled RAM clear. A second notice shall be provided to the Department's operator of the central control computer and the Bureau of Casino Compliance immediately prior to actually conducting the RAM clear.
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