[51 Pa.B. 5207]
[Saturday, August 21, 2021]

[Continued from previous Web Page]

Chapter 1112. (Reserved)

Sec.

1112.1—1112.17. (Reserved).

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 and subsequent chapters, 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 or leased 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.

 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.

 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'ssystem 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 whopossesses 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 § 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.

 (2) One lock securing the compartment housing the currency cassettes.

 (3) One lock securing the contents of the storage box.

 (4) The four keys that control the four locks described in paragraphs (1)—(3) must be different from each other.

 (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.

Chapter 1113. (Reserved)

Sec.

1113.1—1113.4. (Reserved). 1113.5. (Reserved). 1113.6. (Reserved). 1113.7. (Reserved).

CHAPTER 1113a. POSSESSION OF
VIDEO GAMING TERMINALS

Sec.

1113a.1.	Possession of video gaming terminals generally.
1113a.2.	Transportation of video gaming terminals into, within and out of this Commonwealth.
1113a.3.	Video gaming terminals location in video gaming area.
1113a.4.	Notice and connection to the central control computer system.
1113a.5.	Video gaming terminal master lists.
1113a.6.	Off-premises storage of video gaming terminals.

§ 1113a.1. Possession of video gaming terminals generally.

 (a) Except as otherwise provided in this section and 18 Pa.C.S. § 5513 (relating to gambling devices, gambling, etc.), a person may not possess any video gaming terminals in this Commonwealth that may be used for gambling activity.

 (b) The following persons and any employee or agent acting on their behalf may possess video gaming terminals in this Commonwealth for the purposes described herein provided that video gaming terminals located outside of a establishment licensee's facility may not be used for gambling activity:

 (1) A terminal operator, for the purpose of maintaining for use, training or operating video gaming terminals in an establishment licensee's facility.

 (2) The holder of a manufacturer license for the purpose of manufacturing, exhibiting, demonstrating, training or preparing for transfer to a supplier licensee or terminal operator.

 (3) The holder of a manufacturer or supplier license for the purpose of distributing, repairing, servicing, exhibiting or demonstrating video gaming terminals and any training with regard thereto.

 (4) An educational institution for the purpose of teaching video gaming terminals design, operation, repair or servicing.

 (5) A manufacturer or supplier of video gaming terminals not licensed in this Commonwealth for the limited purpose of temporary exhibition or demonstration.

 (6) A common carrier, for the purpose of transporting video gaming terminals in accordance with § 1113a.2 (relating to transportation of video gaming terminals into, within and out of this Commonwealth).

 (7) An employee or agent of the Board, the Department, the Pennsylvania State Police or any law enforcement agency of this Commonwealth for the purpose of fulfilling official duties or responsibilities.

 (8) Other persons upon a finding that the possession of video gaming terminals by those persons in this Commonwealth is not contrary to the goals and objectives of 4 Pa.C.S. (relating to amusements).

 (c) Persons seeking to possess video gaming terminals under subsection (b)(4), (5) and (8) shall submit a petition to the Board as required under § 493a.4 (relating to petitions generally). The petition to the Board must contain all of the following:

 (1) The purpose for having the video gaming terminals.

 (2) The proposed location of the video gaming terminals.

 (3) The time period for which the video gaming terminals will be kept.

 (4) How the video gaming terminals will be secured.

 (d) Requests approved by the Board may be subject to specific terms and conditions imposed by the Board.

 (e) A person authorized to possess video gaming terminals under subsection (d) who wishes to store the video gaming terminals at a location other than the location specified in subsection (c)(2) shall obtain approval from the Board's Executive Director prior to storing the video gaming terminals at the other location.

§ 1113a.2. Transportation of video gaming terminals into, within and out of this Commonwealth.

 (a) In furtherance of 4 Pa.C.S. § 4502 (relating to declaration of exemption from Federal laws prohibiting video gaming terminals), prior to the transport or movement of a video gaming terminals, into, within or out of this Commonwealth, from one person authorized to possess video gaming terminals under § 1113a.1 (relating to possession of video gaming terminals generally) to another person, the persons causing the video gaming terminals to be transported or moved shall notify the Bureau of Casino Compliance in writing or in an electronic format approved by the Bureau of Casino Compliance. The notice shall be submitted no later than the day the video gaming terminals is transported and must include all of the following information:

 (1) The name and address of the person shipping or moving the video gaming terminals.

 (2) The name and address of the person who owns the video gaming terminals if different from the person shipping or moving the video gaming terminals.

 (3) The name and address of a new owner if ownership is being changed in conjunction with the shipment or movement.

 (4) The method of shipment or movement and the name and address of the common carrier or carriers, if applicable.

 (5) The name and address of the person to whom the video gaming terminals is being sent and the destination of the video gaming terminals if different from that address.

 (6) The quantity of video gaming terminals being shipped or moved and the manufacturer's serial number of each machine.

 (7) The expected date and time of delivery to, or removal from, any authorized location in this Commonwealth.

 (8) The port of entry, or exit, if any, of the video gaming terminals if the origin or destination of the video gaming terminals is outside the continental United States.

 (9) The reason for transporting or moving the video gaming terminals.

 (b) In addition to the requirements in subsection (a), if a terminal operator is shipping video gaming terminals to or from the terminal operator's approved, off-premises storage location, the terminal operator shall comply with the requirements in subsection (a) and record the movement in the terminal operator's movement log as required under § 1113a.5(e) (relating to video gaming terminal master lists).

 (c) If a video gaming terminal is being transported to the establishment licensee's facility from the terminal operator's approved, off-premises storage location, the terminal operator shall specify in the notice required under subsection (a) whether the video gaming terminals will be placed directly onto the video gaming area or stored off the video gaming area in a restricted area within the establishment licensee's facility.

 (d) If a video gaming terminal is being transported to the Bureau of Gaming Laboratory Operations, the notice required under subsection (a) shall also be provided to the Bureau of Gaming Laboratory Operations.

§ 1113a.3. Video gaming terminals location in video gaming area.

 (a) A video gaming area must consist of one area within an establishment licensee's premises approved by the Board or Executive Director for the placement and operation of all video gaming terminals.

 (b) The location of each video gaming terminal must correspond to a specifically identified space in the video gaming area identified numerically and listed on the master list with the identifying asset and serial number of the corresponding video gaming terminal.

§ 1113a.4. Notice and connection to the central control computer system.

 (a) Prior to utilization for gambling activity, unless otherwise authorized by the Board's Executive Director, a video gaming terminal in a video gaming area must be connected or linked to a central control computer system having the capabilities and in compliance with the terms of 4 Pa.C.S. § 3309 (relating to central control computer system).

 (b) To ensure activation or disabling, as appropriate, in the central control computer system and the retrieval of real time meter information from the video gaming terminal in conjunction with the movement of a video gaming terminal, the terminal operator shall provide the Department with written notice of the video gaming terminal movement, prior to any of the following:

 (1) Placement of a video gaming terminal in a video gaming area.

 (2) Movement of a video gaming terminal location in the video gaming area.

 (3) Removal of a video gaming terminal from the video gaming area.

§ 1113a.5 Video gaming terminal master lists.

 (a) Prior to the commencement of operations at an establishment licensee's facility, a terminal operator shall file all of the following with the Bureau of Casino Compliance in an electronic format approved by the Bureau of Casino Compliance:

 (1) Video Gaming Area Video Gaming Terminal Master List.

 (2) Restricted Area/Off Premises Video Gaming Terminal Master List.

 (b) A Video Gaming Area Video Gaming Terminal Master List must list all video gaming terminals located in the video gaming area in consecutive order by the device location number under § 1113a.3 (relating to video gaming terminals location in video gaming area) and contain all of the following:

 (1) The date the list was prepared.

 (2) A description of each video gaming terminal that includes all of the following:

 (i) The location number.

 (ii) The asset number.

 (iii) The manufacturer's serial number.

 (iv) The base denomination, or if configured for multiple denominations, a list of the denominations.

 (v) The game software/program ID.

 (vi) The operating system/base ROM.

 (vii) The manufacturer.

 (viii) The video gaming terminal model.

 (ix) The model type (reel or video), if applicable.

 (x) The game themes/description.

 (xi) The minimum payout percentage, if applicable.

 (xii) The machine displayed payout percentage, if applicable.

 (xiii) The paytable ID.

 (xiv) If the video gaming terminal is a progressive, the type of progressive, the progressive controller type and the progressive software.

 (xv) The fund transfer/voucher system software.

 (c) If a video gaming terminal is configured to allow a patron to select from multiple games or game themes, each game or game theme, minimum and machine displayed payout percentages, if applicable, and paytable ID must be listed in the Video Gaming Area Video Gaming Terminal Master List. Instead of listing each game or game theme, minimum and machine displayed payout percentage and paytable ID for a video gaming terminal configured to offer multiple game themes with the video gaming terminal, a terminal operator may use a unique generic code for the game theme and attach an appendix which lists the game themes, minimum and machine displayed payout percentages and paytable IDs that correspond to each unique generic game theme code.

 (d) A Restricted Area/Off Premises Video Gaming Terminal Master List must include all video gaming terminals located off the video gaming area in an approved restricted area within the establishment licensee's facility, or in storage locations in this Commonwealth off the premises of the establishment licensee approved under § 1113a.6 (relating to off-premises storage of video gaming terminals) grouped by the location where the video gaming terminal are located. A Restricted Area/Off Premises Video Gaming Terminal Master List must include all of the following information:

 (1) The date the list was prepared.

 (2) A description of each video gaming terminal that includes all of the following:

 (i) The location of the video gaming terminal.

 (ii) The asset number.

 (iii) The manufacturer's serial number.

 (iv) The game software/program ID.

 (v) The operating system/base ROM.

 (vi) The game theme/description.

 (vii) The manufacturer.

 (viii) The video gaming terminal model.

 (ix) The model type (reel or video), if applicable.

 (e) Once a video gaming terminal has been placed in an authorized location in the video gaming area, stored in a restricted area off the video gaming area but within the establishment licensee's facility approved under this section or in a location in this Commonwealth off the premises of the establishment licensee's facility approved under § 1113a.6, all subsequent movements of that video gaming terminal shall be recorded by a terminal operator employee in a video gaming terminal movement log which includes all of the following:

 (1) The asset number and model and manufacturer's serial number of the moved video gaming terminal.

 (2) The date and time of movement.

 (3) The location from which the video gaming terminal was moved.

 (4) The location to which the video gaming terminal was moved.

 (5) The date and time of any required notice to the Department in connection with activation or disabling of the video gaming terminal in the central control computer system.

 (6) The signature of a key employee of the terminal operator verifying the movement of the video gaming terminal in compliance with this section.

 (f) Documentation summarizing video gaming terminal movements, as described in subsection (e), shall be submitted to the Bureau of Casino Compliance in an electronic format approved by the Bureau of Casino Compliance on a weekly basis.

 (g) On the first Tuesday of each month a terminal operator shall file an updated Video Gaming Area Video Gaming Terminal Master List and an updated Restricted Area/Off Premises Video Gaming Terminal Master List containing the information required under subsections (b)—(d). The Video Gaming Area Video Gaming Terminal Master List and the Restricted Area/Off Premises Video Gaming Terminal Master List shall be filed in an electronic format with the Bureau of Casino Compliance.

 (h) Persons authorized by the Board to possess video gaming terminals under § 1113a.1(c) (relating to possession of video gaming terminals generally) shall file with the Bureau of Casino Compliance, in an electronic format approved by the Bureau of Casino Compliance, a complete list of video gaming terminals possessed by the person. The list must comply with all of the following:

 (1) Be denoted as a Video Gaming Terminal Master List.

 (2) Be filed within 3 business days of the initial receipt of video gaming terminals.

 (3) Contain all of the following information:

 (i) The date on which the list was prepared.

 (ii) A description of each video gaming terminal including all of the following:

 (A) The manufacturer.

 (B) The manufacturer's serial number.

 (C) The video gaming terminals model.

 (D) The model type (reel or video), if applicable.

 (E) Whether or not the video gaming terminal is a progressive, and if it is, the type of progressive.

 (i) On the first Tuesday of each month following the initial filing of a Video Gaming Terminal Master List, the persons enumerated in subsection (h) shall file with the Bureau of Casino Compliance, in an electronic format approved by the Bureau of Casino Compliance, an updated Video Gaming Terminals Master List containing all of the information required under subsection (h).

§ 1113a.6. Off-premises storage of video gaming terminals.

 (a) A terminal operator may not store video gaming terminals off the premises of an establishment licensee's facility without prior approval from the Board's Executive Director.

 (b) A terminal operator seeking to store video gaming terminals off the premises of an establishment licensee's facility shall submit a written request to the Bureau of Casino Compliance for off premise storage. The written request must include all of the following:

 (1) The location and a physical description of the proposed storage facility.

 (2) A description of the type of surveillance system that has been or will be installed at the proposed storage facility.

 (3) The plan to provide 24-hour, 7-day a week security at the proposed storage facility.

 (4) The anticipated number of video gaming terminals that may be stored at the proposed storage facility.

 (c) Before the Board's Executive Director will act on a request for off premise storage of video gaming terminals, the Bureau of Casino Compliance will inspect the proposed storage facility.

 (d) The Board's Executive Director will approve or disapprove requests within 60 days. Requests approved by the Board's Executive Director may be subject to specific terms and conditions imposed by the Board's Executive Director.

Chapter 1114. (Reserved)

Sec.

1114.1.

(Reserved).

CHAPTER 1114a. ACCOUNTING AND
INTERNAL CONTROLS

Sec.

1114a.1.

Video gaming accounting and internal controls.

§ 1114a.1. Video gaming accounting and internal controls.

 (a) At least 90 days before the commencement of video gaming, a terminal operator licensee or an applicant for a terminal operator license shall submit to the Board for approval all internal control systems and audit protocols for the video gaming operations.

 (b) A terminal operator licensee's internal controls and audit protocols must include all of the following:

 (1) Provide for reliable records, accounts and reports of any financial event that occurs in the conduct of video gaming, including reports to the Board related to video gaming.

 (2) Provide for accurate and reliable financial records related to the conduct of video gaming.

 (3) Establish procedures and security for the recordation of wagering, winnings, gross terminal revenue and taxation.

 (4) Establish procedures and security standards for the maintenance of video gaming terminals and associated equipment used in connection with the conduct of video gaming.

 (5) Establish procedures and rules to govern the conduct of video gaming and the responsibility of employees related to video gaming.

 (6) Establish procedures for the collection, recording and deposit of revenue from the conduct of video gaming.

 (7) Establish reporting procedures and records required to ensure that all money generated from video gaming is accounted for.

 (8) Ensure that all functions, duties and responsibilities related to video gaming are appropriately segregated and performed in accordance with sound financial practices by qualified employees.

 (9) Permit access to the establishment licensee premises and terminal operator premises used in connection with video gaming for the Board, the Bureau, the Department and the Pennsylvania State Police to facilitate the ability to perform regulatory oversight and law enforcement functions, respectively.

 (c) The submission required under subsection (a) must include a detailed description of the terminal operator's administrative and accounting procedures related to video gaming, including its written system of internal controls which must include:

 (1) An organizational chart depicting appropriate functions and responsibilities of employees involved in video gaming.

 (2) A description of the duties and responsibilities of each position shown on the organizational chart.

 (3) The record retention policy of the terminal operator.

 (4) The procedure to be utilized to ensure that money generated from the conduct of video gaming is safeguarded, including mandatory counting and recording procedures.

 (5) An overview and description of the video gaming terminal monitoring system used by the terminal operator licensee, including:

 (i) The name of the system being utilized, and the gaming equipment connected to the system.

 (ii) The procedures and reports utilized by the terminal operator to calculate gross terminal revenue.

 (6) The procedures and controls for ensuring that video gaming terminals directly provide and communicate all required activities and financial details to the central control computer system as established by the Board.

 (7) Procedures to ensure that recorded accountability for assets is compared with actual assets at intervals required by the Board and appropriate action is taken with respect to discrepancies.

 (8) Procedures to be utilized by an employee of a terminal operator and establishment licensee in the event of a malfunction of a video gaming terminal that fails to dispense a redemption ticket, or of a redemption terminal which fails to dispense cash upon redemption of the ticket.

 (9) Procedures to be utilized by an establishment to prevent minors from entering the video gaming area, which include acceptable documentation relating to proof of age and the examination of these documents by a responsible employee.

 (10) Other items the Board may request in writing to be included in the internal controls.

 (d) Prior to authorizing a terminal operator licensee to commence the conduct of video gaming, the Board will review the system of internal controls and audit protocols submitted under subsection (a) to determine whether it conforms to the requirements in this chapter and whether it provides adequate and effective controls for the conduct of video gaming.

 (e) If a terminal operator licensee intends to make a change or amendment to its system of internal controls, it shall submit the change or amendment electronically to the Bureau of Gaming Operations in a manner prescribed by the Bureau of Gaming Operations. The terminal operator licensee may implement the change or amendment on the 30th calendar day following the filing of a complete submission unless the terminal operator licensee receives written notice tolling the change or amendment in accordance with subsection (f) or written notice from the Board's Executive Director rejecting the change or amendment.

 (f) If during the 30-day review period in subsection (e), the Bureau of Gaming Operations preliminarily determines that a procedure in a submission contains an insufficiency likely to negatively affect the integrity of video gaming or the control of revenue generated from video gaming, the Bureau of Gaming Operations, by written notice to the terminal operator licensee, will do all of the following:

 (1) Specify the nature of the insufficiency and, when possible, an acceptable alternative procedure.

 (2) Direct that the 30-calendar day review period in subsection (e) be tolled and that any internal controls at issue not be implemented until approved.

 (g) Examples of submissions that may contain an insufficiency likely to negatively affect the integrity of video gaming include the following:

 (1) Submissions that fail to provide information sufficient to permit the review of video gaming.

 (2) Submissions that fail to provide for the segregation of incompatible functions so that an employee is not in a position to commit an error or perpetrate a fraud and conceal the error or fraud in the normal course of the employee's duties.

 (3) Submissions that do not include forms or other materials referenced in the submission or required under 4 Pa.C.S. (relating to amusements) or this part.

 (4) Submissions that would implement operations or accounting procedures not authorized by 4 Pa.C.S. or this part.

 (5) Submissions that are dependent upon the use of equipment or related devices or software not approved by the Board unless the submissions are required as part of an authorized test of the equipment or related device or software.

 (h) Whenever a change or amendment has been tolled under subsection (f), the terminal operator licensee may submit a revised change or amendment within 30 days of receipt of the written notice from the Bureau of Gaming Operations. The terminal operator licensee may implement the revised change or amendment upon receipt of written notice of approval from the Board's Executive Director or on the 30th calendar day following the filing of the revision unless the terminal operator licensee receives written notice tolling the change or amendment in accordance with subsection (f) or written notice from the Board's Executive Director rejecting the change or amendment.

Chapter 1115. (Reserved)

Sec.

1115.1.

(Reserved).

CHAPTER 1115a. RECORD RETENTION

Sec.

1115a.1.

Video gaming record retention.

§ 1115a.1. Video gaming record retention.

 (a) For the purposes of this section, ''books, records and documents'' means any book, record or document pertaining to, prepared in or generated by the operation of video gaming by a terminal operator licensee or an establishment licensee including all forms, reports, accounting records, ledgers, subsidiary records, computer generated data, internal audit records, correspondence and personnel records.

 (b) As a condition of continued operation, a terminal operator licensee or an establishment licensee shall agree to maintain all books, records and documents pertaining to the conduct of video gaming in a manner and location in this Commonwealth as approved by the Board. All books, records and documents must meet all of the following:

 (1) Be organized in a manner to clearly depict by separate records the total amount of money wagered and paid as winnings in all video gaming activity.

 (2) Be segregated by separate accounts within the terminal operator licensee or establishment licensee's books, records and documents.

 (3) Be immediately available for inspection upon request of the Board, the Bureau, the Department, the Pennsylvania State Police or the Attorney General, or agents thereof, during all hours of operation of video gaming by a terminal operator licensee or establishment licensee.

 (4) Be prepared and maintained in a complete, accurate and legible form. Electronic data must be stored in a format that ensures readability, regardless of whether the technology or software that created or maintained it has become obsolete.

 (5) Be retained in a secure location by a terminal operator licensee or establishment licensee that is equipped with a fire suppression system or in a fire proof location on the premises.

 (6) Be organized and indexed in a manner to provide immediate accessibility to the Board, the Bureau, the Department, the Pennsylvania State Police or the Attorney General, or agents thereof.

 (7) Be destroyed only after expiration of the minimum retention period of 5 years, unless the Board, upon the written request of a terminal operator licensee or an establishment licensee and for good cause shown, permits the destruction at an earlier date.

Chapter 1116. (Reserved)

Sec.

1116.1—1116.8. (Reserved).

CHAPTER 1116a. CONDUCT OF VIDEO GAMING

Sec.

1116a.1.	Video gaming area.
1116a.2.	Video gaming terminals.
1116a.3.	Redemption terminals.
1116a.4.	Automated teller machines.
1116a.5.	Commencement of video gaming generally.
1116a.6.	Establishment licensee restrictions.
1116a.7.	Terminal operator licensee restrictions.
1116a.8.	Restriction on wagering.
1116a.9.	Surveillance system standards.

§ 1116a.1. Video gaming area.

 (a) A video gaming area must be within an establishment licensee's premises and it must be separate and distinct through the installation of a physical barrier from a convenience store or other amenity available to patrons under 21 years of age.

 (b) An establishment licensee shall notify and receive approval of the Board, the Bureau or designated staff of the Board prior to making any modification to the video gaming area.

 (c) An establishment licensee shall provide all of the following:

 (1) The entrance to the video gaming area and the conduct of video gaming are visible to at least one employee of the establishment licensee who holds an occupation permit.

 (2) The video gaming area must have one entrance point which serves as the exit point.

 (3) The video gaming area must be separated from the remaining establishment premises by a physical barrier which may consist of a wall, partition, gate or other barrier which may not obstruct the view of the conduct of video gaming by an employee who holds an occupation permit.

 (4) The video gaming area shall, at all times, be monitored, either directly or through live monitoring of video surveillance, by an employee of the establishment licensee who is at least 18 years of age, holds an occupation permit and has completed mandatory training relating to compulsive and problem gambling.

 (5) Every employee of the establishment licensee who has a valid occupation permit issued by the Board and who has duties which include monitoring the video gaming area of an establishment licensee shall display the Board-issued occupation permit credential on the outer clothing in a manner clearly visible to patrons and security and surveillance cameras.

 (6) Every employee of a terminal operator who has a valid occupation permit issued by the Board and who has duties which require him to enter a video gaming area of an establishment licensee shall, while on the premises of an establishment licensee, display the Board-issued occupation permit credential on the outer clothing in a manner clearly visible to patrons and security and surveillance cameras.

 (d) A video gaming area must have at least one redemption terminal which must be the sole and exclusive method to exchange a redemption ticket for cash.

 (e) An establishment licensee shall prominently display in a place and manner conspicuous to all patrons entering and exiting the video gaming area signs containing the following statement printed in bold lettering of sufficient size to be visible and readable: ''The video gaming area including the entrance and exit is subject to surveillance and video recording.''

 (f) A video gaming area must comply with §§ 1118a.1 and 1118a.2 (relating to signage requirements; and problem gambling information).

 (g) A video gaming area must have a sign prominently displayed that sets forth the maximum wager amount and maximum prize per individual game as set forth in the act.

§ 1116a.2. Video gaming terminals.

 (a) A terminal operator licensee may place up to five video gaming terminals in the video gaming area of an establishment licensee.

 (b) A video gaming terminal may not be made available for use prior to being tested and certified by the Board as meeting the requirements in 4 Pa.C.S. § 3701 (relating to testing and certification of terminals).

 (c) Video gaming terminals may not have the ability to dispense cash, tokens or anything of value, except redemption tickets which shall only be exchangeable at a redemption terminal or reinserted into another video gaming terminal in the same video gaming area.

§ 1116a.3. Redemption terminals.

 (a) A terminal operator licensee shall place at least one redemption terminal in the video gaming area of an establishment licensee.

 (b) A redemption terminal in a video gaming area must be equipped with an integrated camera which must record the image of all persons using the redemption terminal and maintain those images for a minimum period of 30 days, or the surveillance system utilized in the video gaming area must have camera coverage of the redemption terminal that makes it possible to identify the individual using the redemption terminal.

 (c) A redemption terminal may not be made available for use prior to being tested and certified by the Board as meeting the requirements in 4 Pa.C.S. § 3701 (relating to testing and certification of terminals).

 (d) The redemption terminal must only accept redemption tickets from video gaming terminals in the same video gaming area.

 (e) Redemption tickets shall only be exchanged for cash through a redemption terminal located within the same video gaming area.

§ 1116a.4. Automated teller machines.

 (a) Automated teller machines may be placed at any location within an establishment licensee's facility. Automated teller machines that offer credit card advances may not be placed in the video gaming area.

 (b) An automated teller machine in a video gaming area must be equipped with an integrated camera which must record the image of all persons using the automated teller machine and maintain those images for a minimum period of 30 days, or the surveillance system utilized in the video gaming area must have camera coverage of the automated teller machine that makes it possible to identify the individual using the automated teller machine.

 (c) An automated teller machine located in the video gaming area must have a label on the top and front of the automated teller machine that displays a unique identification number of the automated teller machine. The labels must have white lettering on a dark-colored background, may not be easily removed and must be easily visible by surveillance equipment. The label on the top of the automated teller machine must be at least 1.5 inches by 5.5 inches and the label on the front of the automated teller machine must be at least 1 inch by 2.5 inches.

 (d) Automated teller machines located within a video gaming area may not accept ACCESS/Electronic Benefits Transfer Cards.

§ 1116a.5. Commencement of video gaming generally.

 (a) Prior to offering video gaming terminals, a terminal operator shall demonstrate all of the following:

 (1) The video gaming area complies in all respects with 4 Pa.C.S. Part III (relating to video gaming), this subpart and any technical standards adopted by the Board and published in the Pennsylvania Bulletin and posted on the Board's web site.

 (2) Video gaming terminals utilized in the conduct of video gaming have been tested and approved by the Board in compliance with 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) The video gaming area has been approved by the Board in compliance with 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.

 (4) The terminal operator licensee's internal control systems and audit protocols have been approved by the Board in compliance with 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.

 (5) The terminal operator licensee is prepared to implement necessary management controls, surveillance and security precautions to insure the efficient conduct of video gaming.

 (6) The terminal operator licensee and establishment licensee's employees are licensed or permitted by the Board and trained in the performance of their responsibilities.

 (b) Upon a terminal operator licensee and an establishment licensee meeting the criteria in subsection (a), the Board may authorize the date and time at which the establishment licensee may commence video gaming in the video gaming area.

§ 1116a.6. Establishment licensee restrictions.

 (a) An establishment licensee may not permit a person under 21 years of age to play a video gaming terminal or enter the video gaming area.

 (b) An establishment licensee may not offer or provide an incentive to a person to engage in video gaming activity.

 (c) An establishment licensee may not permit a visibly intoxicated person to play a video gaming terminal.

 (d) An establishment licensee may not extend credit or accept a credit card or debit card for play of a video gaming terminal.

 (e) An establishment licensee may not make structural alterations or significant renovations to a video gaming area unless the establishment licensee has notified the terminal operator licensee and obtained prior approval from the Board.

 (f) An establishment licensee may not move a video gaming terminal or redemption unit after installation by a terminal operator licensee.

§ 1116a.7. Terminal operator licensee restrictions.

 (a) No more than five video gaming terminals may be placed on the premises of an establishment licensee.

 (b) Redemption tickets may only be redeemed for cash through a ticket redemption terminal located in the same video gaming area or reinserted into another video gaming terminal in the same video gaming area for continued play.

 (c) Video gaming terminals located in the video gaming area of an establishment licensee must be placed and operated under a terminal placement agreement approved by the Board.

 (d) A terminal operator licensee may not offer or provide an incentive to a person to engage in video gaming activity.

 (e) A terminal operator licensee may not extend credit or accept a credit card or debit card for play of a video gaming terminal.

 (f) A terminal operator licensee may not give or offer to give, directly or indirectly, any type of inducement to a truck stop establishment to secure or maintain a terminal operator placement agreement. For purposes of this subsection, an ''inducement'' may not include payment by a terminal operator licensee for the actual costs of renovating an existing area of the footprint of the truck stop establishment for the purpose of making the video gaming area and associated areas available for the conduct of video gaming. The term, as used in this subsection, does not include making the area operate at the premises including wiring, rewiring, software updates, ongoing video gaming terminal maintenance, redemption terminals, network connections, site controllers and costs associated with communicating with the central control computer system, as well as renovations to include flooring, lighting and barriers. Nothing in this section shall preclude a truck stop establishment from making further modifications to its facility to accommodate video gaming terminal.

 (g) A terminal operator licensee may not give an establishment licensee a percentage of gross terminal revenue other than 15% of the gross terminal revenue of the video gaming terminals operating in the establishment licensee's premises.

 (h) A terminal operator licensee may not operate, install or otherwise make available for public use a video gaming terminal or redemption terminal that has not been obtained from a manufacturer licensee or supplier licensee.

 (i) A terminal operator licensee may not make structural alterations or significant renovations to a video gaming area unless the terminal operator licensee has notified the establishment licensee and obtained prior approval from the Board.

 (j) A terminal operator licensee may not move a video gaming terminal or redemption unit after installation unless prior approval of the Board is obtained.

§ 1116a.8. Restriction on wagering.

 (a) An individual who holds a license, occupation permit or registration and is currently employed by or is a principal associated with an establishment licensee may not wager at a video gaming terminal in the establishment where the individual is employed or associated.

 (b) An individual who holds a license, occupation permit or registration and is currently employed by or is a principal associated with a terminal operator licensee, manufacturer licensee or supplier licensee may not wager at any video gaming terminal in a truck stop establishment at which the individual operates, services, or installs video gaming terminals or associated equipment.

§ 1116a.9. Surveillance system standards.

 (a) In accordance with § 1116.5(a)(5) (relating to commencement of video gaming generally), the terminal operator licensee or establishment licensee shall implement all necessary surveillance systems in each establishment in which video gaming is offered prior to the commencement of video gaming.

 (b) The surveillance systems implemented in each establishment shall, at a minimum, provide for all of the following:

 (1) Must operate on a 24-hours per day, 7-days per week basis.

 (2) Must be capable of recording all activity in images clearly displaying facial detail of players, as well as details of the video gaming terminals, redemption terminals, automated teller machines and all other areas as require by Board regulation.

 (3) Must be capable of recording and storing all images by each surveillance camera for a minimum of 30 days in a format that may be easily accessed for investigative purposes. If a proprietary video player for the recording and playback of surveillance footage is used, a terminal operator shall provide the necessary program files to the Board or Bureau upon request of surveillance footage for investigative purposes.

 (4) Must provide the Board and the Bureau with remote access to the surveillance system to view surveillance footage in real-time.

 (5) Must be capable of clearly and accurately displaying the time and date, synchronized and set correctly, which shall not significantly obscure the surveillance footage.

 (6) Must be capable of operating under normal lighting conditions, with the entire area covered by the surveillance system having lights on 24-hours per day, 7-days per week.

 (7) Must be capable of producing a clear, still photograph or video in digital format that can be provided in unaltered form within 2 business days following a request by the Board or the Bureau.

 (8) Must undergo quarterly maintenance inspections to ensure that any repairs, alterations or upgrades to the surveillance system are made for the proper operation of the system.

 (c) If a terminal operator or establishment licensee has been notified by the Board, the Bureau, or law enforcement of a pending criminal or administrative investigation for which a recording may contain relevant information, the terminal operator or establishment licensee shall retain an unaltered copy of the recording until the investigation or proceeding is closed or the entity conducting the investigation or proceeding notifies the terminal operator or establishment licensee that it is not necessary to retain the recording.

 (d) A terminal operator or establishment licensee shall make available to the Board or its authorized agents, upon request, a current list of authorized employees and service employees or contractors who may have access to any of the surveillance areas.

 (e) A terminal operator may have a centralized location for the server and surveillance room for the establishments in which video gaming is operated if the terminal operator also places the necessary equipment in each establishment so that the surveillance footage may also be viewed onsite.

 (f) The terminal operator may provide remote, real-time access to the surveillance system to the owner or operator of the establishment.

 (g) The terminal operator or establishment licensee shall notify the Bureau of Casino Compliance within 1 hour of any incident of equipment failure within the surveillance system, including the time and cause of the malfunction, if known.

 (h) If at any time surveillance coverage of the video gaming area cannot be maintained, the video gaming area shall be closed, unless approved by the Board.

Chapter 1117. (Reserved)

Sec.

1117.1.	(Reserved).
1117.2.	(Reserved).

CHAPTER 1117a. VIDEO TERMINAL PLACEMENT AGREEMENTS

Sec.

1117a.1.	Board approval of video terminal placement agreements.
1117a.2.	Minimum standards for terminal placement agreements.

§ 1117a.1. Board approval of video terminal placement agreements.

 A terminal operator licensee may not place and operate video gaming terminals on the premises of an establishment licensee unless under a terminal placement agreement approved by the Board.

§ 1117a.2. Minimum standards for terminal placement agreements.

 (a) A terminal placement agreement submitted to the Board for approval must include all of the following:

 (1) A provision that the term of the terminal placement agreement shall be valid for a minimum of 60 months and may not exceed 120 months.

 (2) A provision that renders the terminal placement agreement invalid if either the terminal operator license or terminal operator application or the establishment license or the establishment license application is denied, revoked, not renewed, withdrawn or surrendered.

 (3) A provision that provides the establishment licensee shall receive 15% of gross terminal revenue from each video gaming terminal located on the premises of the establishment licensee.

 (4) The identity of the person who solicited the terminal placement agreement on behalf of a terminal operator licensee or applicant.

 (5) Signatures of a representative authorized to bind an applicant for an establishment license or an establishment licensee and a representative authorized to bind an applicant for a terminal operator license or a terminal operator licensee.

 (6) A provision acknowledging that a terminal placement agreement may not be transferred or assigned without prior notice to the Board and verification that the individual or entity making the assignment is either a terminal operator applicant or terminal operator licensee and the individual or entity receiving the assignment of the terminal placement agreement is either a terminal operator applicant or terminal operator licensee.

 (b) A terminal placement agreement entered into by a truck stop establishment prior to October 31, 2017, with a person or entity for the placement, operation, service or maintenance of video gaming terminals, including an agreement granting a person or entity the right to enter into an agreement or match any offer made after October 31, 2017, is void and will not be approved by the Board.

Chapter 1118. (Reserved)

Sec.

1118.1—1118.5. (Reserved).

CHAPTER 1118a. COMPULSIVE AND
PROBLEM GAMING

Sec.

1118a.1.	Signage requirements.
1118a.2.	Problem gambling information.
1118a.3.	Problem gambling training.
1118a.4.	Advertising.
1118a.5.	Penalties.

§ 1118a.1. Signage requirements.

 (a) An establishment licensee shall conspicuously post signs that include a statement providing all of the following:

 (1) ''If you or someone you know has a gambling problem, help is available. Call (1-800-GAMBLER).''

 (2) At least one sign as provided in paragraph (1) shall be posted within the video gaming area and at least one sign shall be posted above or below the cash dispensing opening on each automated teller machine within the establishment licensee's premises.

 (b) An establishment licensee shall post signs that include a statement providing all of the following:

 (1) ''It is unlawful for any individual under 21 years of age to enter. Individuals violating this prohibition will be removed and may be subject to arrest and criminal prosecution.''

 (2) The sign as provided in paragraph (1) shall be prominently posted at the entrance to a video gaming area.

§ 1118a.2. Problem gambling information.

 An establishment licensee shall make available materials provided by the Board regarding compulsive and problem gaming as approved by the Board. The material shall be displayed conspicuously within the video gaming area of each establishment licensee.

§ 1118a.3. Problem gambling training.

 (a) The Board will provide a mandatory training program addressing responsible gaming and compulsive and problem gambling issues for employees and management of an establishment licensee who oversee the establishment licensee's video gaming area.

 (b) Establishment licensees shall pay a fee assessed by the Board to reimburse the Board for the cost of annual training to establishment licensee's employees and management subject to the training.

 (c) At least one employee of the establishment licensee who holds a valid occupation permit and has successfully completed the training program shall be located on the premises and supervising the video gaming area during all times the video gaming terminals are available for play.

 (d) Employees are required to receive the training at least once every calendar year.

 (e) Employee Training Verification:

 (1) The Office of Compulsive and Problem Gambling will provide a verification form template to each terminal operator licensee or may allow for another approved method of verification.

 (2) Verifications will be maintained by the establishment licensee or the terminal operator licensee. The training verification must be completed by employee who receives the training.

 (3) Each employee must provide the date of training completion, the employee's name and signature verifying the employee received the training.

§ 1118a.4. Advertising.

 (a) Advertisements related to video gaming used by a terminal operator or establishment licensee or its agent may not:

 (1) Contain false or misleading information.

 (2) Fail to disclose conditions or limiting factors associated with the advertisement.

 (3) Use a font, type size, location, lighting, illustration, graphic depiction or color obscuring conditions or limiting factors associated with the advertisement or the statement required under subsection (b).

 (b) Advertisements must contain a gambling assistance message that is similar to one of the following:

 (1) If you or someone you know has a gambling problem, help is available. Call (toll free telephone number).

 (2) Gambling Problem? Call (toll free telephone number).

 (3) The text of the gambling assistance message and the font to be used for the statement must comply with in § 501a.7(e) (relating to advertising).

 (c) A terminal operator or establishment licensee or its agent shall discontinue as expeditiously as possible the use of a particular advertisement upon receipt of written notice that the Board's Office of Compulsive and Problem Gaming has determined that the use of the particular advertisement in this Commonwealth could adversely impact the public or the integrity of video gaming.

§ 1118a.5. Penalties.

 An establishment licensee that fails to fulfill any of the requirements in this chapter shall be assessed an administrative penalty and may have its establishment license suspended or revoked by the Board, or may have a renewal of its licensed denied.

Chapter 1119. (Reserved)

Sec.

1119.1—1119.5. (Reserved).

CHAPTER 1119a. SELF-EXCLUSION

Sec.

1119a.1.	Scope.
1119a.2.	Definitions.
1119a.3.	Requests for video gaming self-exclusion.
1119a.4.	Video gaming self-exclusion list.
1119a.5.	Duties of video gaming establishment licensees.
1119a.6.	Removal from video gaming self-exclusion list.
1119a.7.	Exceptions for individuals on the video gaming self-exclusion list.
1119a.8.	Disclosures of information related to persons on the self-exclusion list.

§ 1119a.1. Scope.

 The purpose of this chapter is to provide players with a process to self-exclude from video gaming activities in this Commonwealth and detail the process by which individuals may self-exclude themselves from video gaming activity and restore their ability to participate in video gaming activity in this Commonwealth.

§ 1119a.2. Definitions.

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

 OCPG—The Office of Compulsive and Program Gambling of the Board.

 Video gaming activity—The play of video gaming terminals at the premises of an establishment licensee.

 Video gaming related activity—An activity related to the play of video gaming terminals including applying for player club memberships or credit, cashing checks, or accepting a complimentary gift, service, promotional item or other thing of value at an establishment licensee's premises.

 Video gaming self-excluded person—A person whose name and identifying information is included, at the person's own request, on the video gaming self-exclusion list maintained by the Board.

 Video gaming self-exclusion list—A list of names and identifying information of persons who, under this chapter, have voluntarily agreed to all of the following:

 (i) Excluded from the video gaming area where video gaming activity is conducted.

 (ii) Excluded from engaging in all video gaming related activities at an establishment licensee's facility.

 (iii) Prohibited from collecting any winnings or recovering any losses resulting from video gaming activity.

 Winnings—Any money or thing of value received from, or owed by, an establishment licensee or terminal operator licensee as a result of a fully executed video gaming transaction.

§ 1119a.3. Requests for video gaming self-exclusion.

 (a) A person requesting placement on the video gaming self-exclusion list shall submit a completed Request for Voluntary Self-Exclusion from Gaming Activities Form to the Board by one of the following methods:

 (1) Electronically on the Board's web site.

 (2) In person by scheduling an appointment at the Board's Harrisburg office, one of the Board's other offices or at a licensed facility. To make an appointment, a person shall contact the OCPG at (717) 346-8300 or problemgambling@pa.gov.

 (b) A request for video gaming self-exclusion must include all of the following identifying information:

 (1) Name, including any aliases or nicknames.

 (2) Date of birth.

 (3) Address of current residence.

 (4) Telephone number.

 (5) Social Security number, or the last 4 digits of the individual's Social Security number, when voluntarily provided in accordance with section 7 of the Privacy Act of 1974 (5 U.S.C.A. § 552a).

 (6) Physical description of the person, including height, gender, hair color, eye color and any other physical characteristic that may assist in the identification of the person.

 (c) The information provided in subsection (b) shall be updated by the video gaming self-excluded person within 30 days of a change. Updated information shall be submitted on a Change of Information Form to the following address, or submitted online in the ''update my information'' webform on the Board's web site. A copy of the form can be obtained by calling the OCPG at (717) 346-8300, by e-mail at problemgambling@pa.gov or by writing to:

PENNSYLVANIA GAMING CONTROL BOARD
OFFICE OF COMPULSIVE AND
PROBLEM GAMBLING
P.O. BOX 69060
HARRISBURG, PA 17106-9060

 (d) The length of video gaming self-exclusion requested by a person must be one of the following:

 (1) One year (12 months).

 (2) Five years.

 (3) Lifetime.

 (e) A request for self-exclusion from video gaming activities in this Commonwealth must include a signed release which:

 (1) Acknowledges that the request for video gaming self-exclusion has been made voluntarily.

 (2) Certifies that the information provided in the request for video gaming self-exclusion is true and accurate.

 (3) Acknowledges that the individual requesting video gaming self-exclusion is or may be a problem gambler.

 (4) Acknowledges that a person requesting a lifetime exclusion may only request removal from the video gaming self-exclusion list in accordance with the procedures set forth in § 1119a.6 (relating to removal from the video gaming self-exclusion list) and that a person requesting a 1-year or 5-year exclusion will remain on the video gaming self-exclusion list until the period of exclusion expires, unless removed from the list pursuant to the provisions of § 1119a.6(b).

 (5) Acknowledges that if the individual is discovered participating in video gaming that individual's winnings will be subject to confiscation and remittance to support compulsive and problem gambling programs.

 (6) Releases, indemnifies, holds harmless and forever discharges the Commonwealth, the Board and all terminal operator licensees and establishment licensees from claims, damages, losses, expenses or liability arising out of, by reason of or relating to the self-excluded person or to any other party for any harm, monetary or otherwise, which may arise as a result of one or more of the following:

 (i) The failure of a terminal operator licensee or establishment licensee to withhold video gaming privileges from or restore video gaming privileges to a video gaming self-excluded person.

 (ii) Otherwise permitting or not permitting a video gaming self-excluded person to engage in video gaming activities in this Commonwealth while on the list of video gaming self-excluded persons.

 (iii) Confiscation of the individual's winnings.

 (f) A person submitting a video gaming self-exclusion request shall present or submit electronically a copy of that person's valid government-issued identification containing the person's signature and photograph when the person submits the request, or if the person does not possess a valid government-issued identification, some other documentation to verify the identity of the person (for example, a utility or other bill in the person's name at the same address provided).

 (g) A person requesting video gaming self-exclusion under this chapter shall have a photograph taken by the Board, or agent thereof, upon submission of the request to be on the list.

 (h) A person requesting video gaming self-exclusion electronically on the Board's web site shall submit a copy of a recent passport-style photograph of the person upon submission of the request to be on the list.

§ 1119a.4. Video gaming self-exclusion list.

 (a) The Board will maintain the video gaming self-exclusion list and will make all necessary additions or deletions of individuals removed from the list under 1119a.6 (relating to removal from video gaming self-exclusion list) within 5 business days of the verification of the information received under § 1119a.3 (relating to requests for video gaming self-exclusion) and shall make the video gaming self-exclusion list available to terminal operator licensees and establishment licensees electronically by the Board's self-exclusion system.

 (b) The information made available to terminal operator licensees and establishment licensees by the Board's self-exclusion system will include the following information concerning a person who has been added to the video gaming self-exclusion list:

 (1) Name, including any aliases or nicknames.

 (2) Date of birth.

 (3) Address of current residence.

 (4) Telephone number.

 (5) Social Security number, or the last 4 digits of the individual's Social Security number, when voluntarily provided by the person requesting video gaming self-exclusion under section 7 of the Privacy Act of 1974 (5 U.S.C.A. § 552a).

 6) Physical description of the person, including height, gender, hair color, eye color and other physical characteristic, that may assist in the identification of the person.

 (7) A copy of the photograph taken by the Board or submitted electronically under § 1119a.3.

 (c) The information made available to terminal operator licensees and establishment licensees by the Board concerning a person whose name has been removed from the video gaming self-exclusion list will include the name and date of birth of the person.

 (d) A terminal operator licensee and establishment licensee shall maintain a copy of the video gaming self-exclusion list and establish procedures to ensure that the copy of the video gaming self-exclusion list is updated at least every 2 business days with the information made available by the Board's self-exclusion system and that all appropriate employees and agents of the establishment licensee are notified of any additions to or deletions from the list.

 (e) Information furnished to or obtained by the Board under this chapter will be deemed confidential and will not be disclosed except in accordance with this chapter.

 (f) Terminal operator licensees and establishment licensees, employees or agents thereof may not disclose the name of, or any information about, a person who has requested self-exclusion from video gaming to anyone other than employees and agents of the terminal operator licensee or establishment licensee whose duties and functions require access to the information. Notwithstanding the foregoing, a terminal operator licensee or establishment licensee may disclose the identity of a video gaming self-excluded person to appropriate employees of affiliated gaming entities in this or other jurisdictions for the limited purpose of assisting in the proper administration of responsible gaming programs.

 (g) A video gaming self-excluded person may not collect in any manner or in any proceeding any winnings or recover any losses arising as a result of any video gaming activity for the entire period of time that the person is on the Board's video gaming self-exclusion list.

 (h) Winnings incurred by a video gaming self-excluded person shall be remitted to the Board to support compulsive and problem gambling programs of the Board.

 (i) For the purposes of this section, winnings issued to, found on or about or redeemed by a video gaming self-excluded person shall be presumed to constitute winnings subject to remittance to the Board.

§ 1119a.5. Duties of video gaming establishment licensees.

 (a) An establishment licensee shall train its employees and establish procedures to do all of the following:

 (1) Identify a video gaming self-excluded person when present in the video gaming area and, upon identification, immediately notify employees of the establishment licensee whose duties include the removal of video gaming self-excluded persons.

 (2) Deny video gaming related activities to a video gaming self-excluded person.

 (3) Ensure that video gaming self-excluded persons do not receive, either from the video gaming establishment licensee or any agent thereof, targeted advertisements of video gaming activities at its premises.

 (4) Notify the Pennsylvania State Police and the Bureau of the presence of a video gaming self-excluded person in the video gaming area.

 (5) Prepare a report of the presence of a video gaming self-excluded person in a video gaming area on a form provided by the Board and to submit that completed form to the OCPG and the Bureau within 24 hours for each occurrence of a video gaming self-excluded person being present in a video gaming area, which may be submitted by the terminal operator.

 (6) Make available to patrons written materials provided by the OCPG explaining the video gaming self-exclusion program.

 (b) The list of video gaming self-excluded persons is confidential, and any distribution of the list to an unauthorized source constitutes a violation of 4 Pa.C.S. Part III (relating to video gaming).

 (c) Under section 3903 of the act (relating to self-exclusion), establishment licensees and employees thereof may not be liable for damages in any civil action, which is based on the following:

 (1) Failure to withhold video gaming privileges from or restore video gaming privileges to a video gaming self-excluded person.

 (2) Permitting or not permitting a video gaming self-excluded person to gamble.

 (3) Good faith disclosure of the identity of a video gaming self-excluded person to someone, other than those authorized by this chapter, for the purpose of complying with this chapter.

 (d) An establishment licensee shall report the discovery of a video gaming self-excluded person that did or attempted to engage in video gaming related activities to the director of the OCPG within 24 hours.

§ 1119a.6. Removal from the video gaming self-exclusion list.

 (a) For individuals who are on the video gaming self-exclusion list for 1 year or 5 years, upon the conclusion of the period of self-exclusion, the individual will be removed from the video gaming self-exclusion list without further action on the individual's part.

 (b) For individuals who have elected to be video gaming self-excluded for less than lifetime but has not yet reached the date of completion of the selected self-exclusion period, the individual may be removed from the video gaming self-exclusion list if all of the following has occurred:

 (1) The individual has filed a petition with the Board's Office of Hearings and appeals requesting to be removed from the video gaming self-exclusion list.

 (2) The individual has presented facts and circumstances which, in the Board's discretion, demonstrate a compelling reason for the Board to grant early removal from the video gaming self-exclusion list.

 (3) The Board has found by a preponderance of the evidence that the person should be removed from the video gaming self-exclusion list and issues an order to that effect.

 (c) For individuals who selected lifetime video gaming self-exclusion under § 1119a.3(d)(3) (relating to requests for video gaming self-exclusion):

 (1) After being on the video gaming self-exclusion list for a period of 10 years, the individual may petition the Board to be removed from the video gaming self-exclusion list.

 (2) The petition shall be filed with the Board in writing, and shall be accompanied by all of the following:

 (i) Documentation from a treatment provider who is certified by the International Gambling Counselor Certification Board or who has received a Problem Gambling Endorsement from the Pennsylvania Certification Board to conduct problem gambling assessments that the individual has completed a problem gambling assessment.

 (ii) Documentation from a treatment provider that the individual has completed the treatment recommendation, if any, made after the assessment by the state-funded problem gambling treatment provider.

 (3) After the petition is filed, OCPG will provide documentation to the Office of Enforcement Counsel regarding whether the individual has been known to engage in or attempt to engage in video gaming while self-excluded, including dates and times.

 (4) The petition shall be handled in accordance with the procedures for petitions found in Subpart H of the Board's regulations, including all confidentiality provisions.

 (5) As the petitioner, the video gaming self-excluded individual filing the petition for removal from the video gaming self-exclusion list bears the burden of proof in showing that removal from the list would not be detrimental to the individual's physical or mental well-being and would not have a negative impact on gaming in the Commonwealth.

 (6) If the Board:

 (i) Grants the petition, it shall deliver to the individual by first class mail an Order approving the petition for removal from the video gaming self-exclusion list, and provide to the individual the contact information for the OCPG for information on how to complete the removal process.

 (ii) Denies the petition, it shall deliver to the individual by first class mail an Order denying the petition for removal from the video gaming self-exclusion list, which shall notify the individual that he or she shall remain on the video gaming self-exclusion list and include the reason for denial.

 (7) Any petitioner whose petition is denied by the Board shall be prohibited from filing a subsequent petition for removal from the lifetime video gaming self-exclusion list for a period of 5 years from the date of denial.

§ 1119a.7. Exceptions for individuals on the video gaming self-exclusion list.

 The prohibition against allowing video gaming self-excluded persons to engage in activities related to video gaming does not apply to an individual who is on the video gaming self-exclusion list if all of the following apply:

 (1) The individual is carrying out the duties of employment or incidental activities related to employment.

 (2) The individual does not otherwise engage in any video gaming activities.

§ 1119a.8. Disclosures of information related to persons on the self-exclusion list.

 (a) The Board may periodically release to the public demographics and general information regarding the video gaming self-exclusion lists such as the total number of individuals on the list, gender breakdown and age range.

 (b) The Board may make selected data available, upon request, for the limited purpose of assisting in the proper administration of responsible gaming programs.

 (c) The Board will not disclose identifying information or confirm or deny the existence of an individual's name on the Board's video gaming self-exclusion list.

Chapter 1120. (Reserved)

Sec.

1120.1—1120.9. (Reserved).

CHAPTER 1120a. EXCLUSION OF PERSONS FROM VIDEO GAMING

Sec.

1120a.1.	Definitions.
1120a.2.	Maintenance and distribution of the exclusion list.
1120a.3.	Criteria for exclusion or ejection.
1120a.4.	Duties of the Bureau and the Office of Enforcement Counsel.
1120a.5.	Placement on the exclusion list.
1120a.6.	Demand for hearing on the exclusion of a person.
1120a.7.	Board review.
1120a.8.	Duties of establishment licensees.
1120a.9.	Petition to remove name from the exclusion list.

§ 1120a.1. Definitions.

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

 Career or professional offender—A person, who for the purpose of economic gain, engages in activities that are deemed criminal violations under 18 Pa.C.S. (relating to Crimes Code) or equivalent criminal violations in other jurisdictions, or engages in unlawful activities in section 1518(a) of the act (relating to prohibited acts; penalties).

 Excluded person—A person who has been placed upon the exclusion list and who is required to be excluded or ejected from an establishment licensee facility.

 Exclusion list—A list of names of persons who are required to be excluded or ejected from an establishment licensee's facility.

 OCPG—The Office of Compulsive and Problem Gambling of the Board.

§ 1120a.2. Maintenance and distribution of the exclusion list.

 (a) The Board will maintain a list of persons to be excluded or ejected from an establishment licensee facility.

 (b) The exclusion list will be distributed to every terminal operator licensee and establishment licensee in this Commonwealth, who shall acknowledge receipt thereof in writing or electronically.

 (c) All of the following information will be provided to the terminal operator licensee and establishment licensee for each person on the exclusion list:

 (1) The full name and all aliases the person is believed to have used.

 (2) A description of the person's physical appearance, including height, weight, type of build, color of hair and eyes, and other physical characteristics which may assist in the identification of the person.

 (3) The person's date of birth.

 (4) The date the person was added to the list.

 (5) A recent photograph, if available.

 (6) The last known address of record.

 (7) Other identifying information available to the Board.

 (8) The reason for placement on the excluded persons list.

§ 1120a.3. Criteria for exclusion or ejection.

 (a) The exclusion list may include a person who meets one or more of the following criteria:

 (1) A career or professional offender whose presence in an establishment licensee's facility would, in the opinion of the Board, be inimical to the interest of the Commonwealth or of licensed video gaming therein, or both.

 (2) An individual with a known relationship or connection with a career or professional offender whose presence in an establishment licensee's facility would be inimical to the interest of the Commonwealth or of licensed video gaming therein, or both.

 (3) A person who has been convicted of a criminal offense under the laws of any state, or of the United States, which is punishable by 1 year or more in prison, or who has been convicted of any crime or offense involving moral turpitude, and whose presence in a establishment licensee facility would be inimical to the interest of the Commonwealth or of licensed video gaming therein, or both.

 (4) A person whose presence in a establishment licensee facility would be inimical to the interest of the Commonwealth or of licensed gaming therein, or both, including:

 (i) Persons who cheat.

 (ii) Persons whose gaming privileges have been suspended by the Board.

 (iii) Persons whose Board permits, licenses, registrations, certifications or other approvals have been revoked.

 (iv) Persons who pose a threat to the safety of the patrons, employees or persons on the property of an establishment licensee's facility.

 (v) Persons with a history of conduct involving the disruption of the gaming operations within a licensed facility or establishment licensee facility.

 (vi) Persons subject to an order of a court of competent jurisdiction in this Commonwealth excluding those persons from licensed facilities or establishment licensee facilities.

 (vii) Persons who have been charged, indicted or convicted of a gambling crime or a crime related to the integrity of gaming operations in this Commonwealth or another jurisdiction.

 (viii) Persons who have performed an act or have a notorious or unsavory reputation that would adversely affect public confidence and trust in gaming.

 (b) For purposes of subsection (a), a person's presence may be considered inimical to the interest of the Commonwealth or of licensed video gaming therein, or both if known attributes of the person's character and background meet one or more of the following criteria:

 (1) Are incompatible with the maintenance of public confidence and trust in the credibility, integrity and stability of the operation of a establishment licensee facility.

 (2) May reasonably be expected to impair the public perception of, and confidence in, the strict regulatory process created by 4 Pa.C.S. Part III (relating to video gaming).

 (3) Create or enhance a risk of the fact or appearance of unsuitable, unfair or illegal practices, methods or activities in the conduct of gaming or in the business or financial arrangements incidental thereto.

 (c) A finding of inimicality may be based upon the following:

 (1) The nature and notoriety of the character or background of the person.

 (2) The history and nature of the involvement of the person with licensed gaming in this Commonwealth or another jurisdiction.

 (3) The nature and frequency of contacts or associations of the person with an establishment licensee.

 (4) Other factors reasonably related to the maintenance of public confidence in the efficacy of the regulatory process and the integrity of video gaming operations.

 (d) A person's race, color, creed, national origin or ancestry, or sex will not be a reason for placing the name of a person upon the exclusion list.

§ 1120a.4. Duties of the Bureau and the Office of Enforcement Counsel.

 (a) The Bureau will, on its own initiative, or upon referral by a law enforcement agency or an establishment licensee, investigate a person to determine whether the person meets the criteria for exclusion provided in 4 Pa.C.S. § 3901 (relating to exclusion or ejection of certain persons) and § 1119a.3 (relating to requests for video gaming self-exclusion).

 (b) If, upon completion of an investigation, the Bureau determines that an individual should be placed on the exclusion list, the Office of Enforcement Counsel will file a petition for exclusion with the Clerk identifying the candidate and setting forth a factual basis for the petition. The petition must include information demonstrating that the individual satisfies the criteria for exclusion or ejection under 4 Pa.C.S. § 3901 or this chapter.

§ 1120a.5. Placement on the exclusion list.

 (a) A person may be placed on the exclusion list upon any of the following:

 (1) Entry of an order of the Board.

 (2) Receipt of an order from a court of competent jurisdiction in this Commonwealth, excluding or ejecting the person from establishment licensee facilities in this Commonwealth.

 (b) The placement of a person on the exclusion list shall have the effect of requiring the exclusion or ejection of the excluded person from establishment licensee facilities.

 (c) An excluded person may not collect in any manner or in any proceeding any winnings or recover any losses arising as a result of any gaming activity for the entire period of time that the person is on the Board's exclusion list.

 (d) Winnings incurred by an excluded person shall be remitted to the Board to support compulsive and problem gambling programs of the Board.

 (e) For the purposes of this section, any winnings issued to, found on or about, or redeemed by an excluded person shall be presumed to constitute winnings subject to remittance to the Board.

§ 1120a.6. Demand for hearing on the exclusion of a person.

 (a) Upon the filing of a petition for exclusion, the Office of Enforcement Counsel will serve the petition upon the person by personal service or certified mail at the last known address of the person. The notice will inform the person of the right to a hearing under 4 Pa.C.S. § 3901(h) (relating to exclusion or ejection of certain persons) and include a copy of the petition.

 (b) Upon service of the petition, the person subject to the petition shall have 30 days to demand a hearing before the Board or presiding officer. Failure to demand a hearing within 30 days after service will be deemed an admission of all matters and facts alleged in the Office of Enforcement Counsel's petition for exclusion and preclude the person from having an administrative hearing.

 (c) If a formal hearing is demanded by the person named in the petition for exclusion, a hearing will be scheduled as provided in § 491a.8 (relating to hearings generally). At the hearing, the Office of Enforcement Counsel will have the burden of proof to demonstrate that the person named in the petition for exclusion satisfies the criteria for exclusion in 4 Pa.C.S. § 3901 or § 1120a.3 (relating to criteria for exclusion or ejection). Unless the matter is heard directly by the Board, the presiding officer will prepare a report and recommendation as provided in § 494a.4 (relating to report or report and recommendation of the presiding officer) for consideration by the Board.

§ 1120a.7. Board review.

 After a hearing, or if a hearing was not requested and the facts in the petition are deemed admitted, the Board may:

 (1) Issue an order placing the person's name on the exclusion list.

 (2) Issue an order removing or denying the placement of the person's name on the exclusion list.

 (3) Refer the matter to a presiding officer for further hearing.

§ 1120a.8. Duties of establishment licensees.

 (a) Establishment licensees shall establish procedures to prevent violations of this chapter and submit a copy of the procedures to the Director of OCPG 30 days prior to initiation of gaming activities at the establishment licensee's facility. An establishment licensee will be notified in writing of any deficiencies in the plan and may submit revisions to the plan to the Director of OCPG. The establishment licensee may not commence operations until the Director of OCPG approves the procedures. Amendments to these procedures shall be submitted to and approved by the Director of OCPG prior to implementation.

 (b) Establishment licensees shall distribute copies of the exclusion list to the appropriate employees. Additions, deletions or other updates to the list shall be distributed by an establishment licensee to its employees within 2 business days of the establishment licensee's receipt of the updates from the Board.

 (c) An establishment licensee shall exclude or eject from its establishment licensee facility all of the following:

 (1) An excluded person.

 (2) A self-excluded person.

 (d) If an excluded person enters, attempts to enter or is in an establishment licensee facility and is recognized by employees of the establishment licensee, the establishment licensee shall do all of the following:

 (1) Immediately notify law enforcement with jurisdiction over the establishment licensee's facility.

 (2) Notify the Director of OCPG and the Bureau in writing within 24 hours.

 (e) The establishment licensee has the continuing duty to inform the Bureau, in writing, of the names of persons the establishment licensee believes are appropriate for placement on the exclusion list.

§ 1120a.9. Petition to remove name from the exclusion list.

 (a) An excluded person may file a petition with the Clerk to request a hearing for removal of his name from the exclusion list at any time after 5 years from the placement of his name on the exclusion list.

 (b) The petition shall be signed by the excluded person, contain supporting affidavits and state the specific grounds believed by the petitioner to constitute good cause for removal from the exclusion list. Upon receipt of the petition, the Office of Enforcement Counsel may file an answer in accordance with § 493a.5 (relating to answers to complaints, petitions, motions and other filings requiring a response).

 (c) An excluded person who is barred from requesting a hearing concerning his removal from the exclusion list by the 5-year period of exclusion in subsection (a) may petition the Board for early consideration at any time. An excluded person may not, within the 5-year period of exclusion, file more than one petition for early consideration.

 (d) A petition for early consideration must contain the information required under subsection (b). Upon receipt of the petition, the Office of Enforcement Counsel may file an answer in accordance with § 493a.5.

 (e) The Board will consider, when making its decision on a petition for early consideration, the nature of the facts and circumstances giving rise to the person's placement on the exclusion list, and whether there are extraordinary facts and circumstances warranting early consideration of the excluded person's request for removal from the exclusion list.

[Pa.B. Doc. No. 21-1313. Filed for public inspection August 20, 2021, 9:00 a.m.]

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