Title 58--RECREATION
PENNSYLVANIA GAMING CONTROL BOARD
[58 PA. CODE CHS. 401, 421, 437 AND 441]
Temporary Regulations
[36 Pa.B. 909] Under the Pennsylvania Gaming Control Board's (Board) Resolution No. 2005-3 REG, entitled Adoption of Temporary Regulations, dated June 16, 2005, and Resolution No. 2005-4, entitled Adopting of Draft Regulations as Temporary Regulations for the General Licensing Standards for Slot Machine License Applicants Temporary Regulations, dated July 21, 2005, the Board has the authority to amend the temporary regulations, adopted on June 16, 2005, and July 21, 2005, as it deems necessary in accordance with the purpose of the act of July 5, 2004 (P. L. 572, No. 71) and to further the intent of Act 71. Therefore, the Board has decided to make editorial changes to the temporary regulations, dated June 16, 2005, and July 21, 2005, as deposited with the Legislative Reference Bureau (Bureau) and published at 35 Pa.B. 4045 (July 15, 2005) and 35 Pa.B. 4828 (August 6, 2005).
Therefore, the Board has deposited with the Bureau amendments to §§ 401.4, 421.2, 437.9, 441.6 and 441.18. The amendments are effective as of February 2, 2006.
The temporary regulations of the Board, Chapters 401, 421, 437 and 441, are amended by amending §§ 401.4, 421.2, 437.9, 441.6 and 441.18 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
Order
The Board, acting under the authorizing statute, orders that:
(a) The Board acting under the authority of the Act 71, adopts the amendments to the temporary regulations.
(b) The following temporary regulations of the Board, 58 Pa. Code, are amended: §§ 401.4, 421.2, 437.9, 441.6 and 441.18, to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(c) These amendments are effective on February 2, 2006.
(d) The amendments to the temporary regulations shall be posted in their entirety on the Board's website and in the Pennsylvania Bulletin.
(e) The Chairperson of the Board shall certify the preceding order and deposit the regulations with the Legislative Reference Bureau as required by law.
THOMAS A. DECKER,
ChairpersonFiscal Note: 125-15. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART VII. GAMING CONTROL BOARD
Subpart A. GENERAL PROVISIONS
CHAPTER 401. PRELIMINARY PROVISIONS § 401.4. Definitions.
The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Clerk--The Clerk to the Board's Office of Hearings and Appeals.
* * * * *
Subpart B. LICENSING, REGISTERING, CERTIFYING AND PERMITTING
CHAPTER 421. GENERAL PROVISIONS § 421.2. Licenses, registrations, certifications and permits.
(a) Licenses that may be issued by the Board include:
* * * * * (7) Management company license, which authorizes the approved licensee to contract with a slot machine licensee for the management of all or part of the operation of a licensed facility.
* * * * *
CHAPTER 437. VENDOR REGISTRATION AND CERTIFICATION § 437.9. Exemption from vendor registration or certification requirements.
(a) The following persons are exempt from the vendor registration requirements of § 437.1 (relating to vendor registration requirements) and the vendor certification requirements of § 437.3 (relating to vendor certification requirements):
* * * * * (8) Providers of professional services including accountants, attorneys, engineers, architects or any person otherwise required to be licensed as such.
* * * * *
Subpart C. SLOT MACHINE LICENSING
CHAPTER 441. SLOT MACHINE LICENSES § 441.6. Character requirements.
* * * * * (c) Unless a waiver under § 435.2(g) or § 435.3(f) (relating to key employee qualifier license; and key employee license) has been granted or is pending, the applicant shall provide the following to the Board:
* * * * * (3) Notice of any civil judgment obtained against the applicant, or any of its key employee qualifiers pertaining to antitrust or securities laws of the Federal Government, the Commonwealth or any other state, jurisdiction, province or country.
* * * * * § 441.18. Change in ownership or control of slot machine licensee and multiple slot machine license prohibition.
* * * * * (c) Nothing in subsection (b) prevents a slot machine licensee from possessing ownership or financial interests of 33.3% or less, in multiple slot machine licensees or in persons eligible to apply for a Category 1 slot machine license or its affiliates, intermediaries, subsidiaries or holding companies.
* * * * *
[Pa.B. Doc. No. 06-318. Filed for public inspection February 17, 2006, 9:00 a.m.]
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