RULES AND REGULATIONS
PENNSYLVANIA GAMING CONTROL BOARD
[58 PA. CODE CH. 441]
Slot Machine Licenses
[37 Pa.B. 2296]
[Saturday, May 19, 2007]Under the Pennsylvania Gaming Control Board's (Board) Resolution No. 2005-4-REG, the Board has the authority to amend the temporary regulations adopted on July 21, 2005, as it deems necessary in accordance with the purpose of 4 Pa.C.S. Part II (relating to gaming) enacted by the act of July 5, 2004 (P. L. 572, No. 71) (Act 71), as amended by the act of November 1, 2006 (P. L. 1243, No. 135) and to further the intent of Act 71. To respond to changes in the Board's licensing program for Category 3 slot machine licensees, the Board has decided to make changes to the temporary regulations, dated July 21, 2005, as deposited with the Legislative Reference Bureau (Bureau) and published at 35 Pa.B. 4543 (August 6, 2005).
Therefore, the Board has deposited with the Bureau amendments to Chapter 441 (relating to slot machine licenses). The amendments are effective as of April 9, 2007.
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 adopted by resolution at the April 9, 2007, public meeting. The amendments to the temporary regulations pertain to the Board's licensing program for Category 3 slot machine licensees.
(b) The temporary regulations of the Board, 58 Pa. Code Chapter 441, are amended by amending §§ 441.1 and 441.23a to read as set forth in Annex A.
(c) The amendments are effective April 9, 2007.
(d) The amendments to the temporary regulations shall be posted in their entirety on the Board's website and published in the Pennsylvania Bulletin.
(e) The Chairperson of the Board shall certify this order and deposit the amendments to the temporary regulations with the Bureau as required by law.
THOMAS A. DECKER,
ChairpersonFiscal Note: 125-70. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART VII. GAMING CONTROL BOARD
Subpart B. LICENSING, REGISTERING, CERTIFYING AND PERMITTING
CHAPTER 441. SLOT MACHINE LICENSES § 441.1. Definitions.
For purposes of this subpart, the following words and terms have the following meanings, unless the context clearly indicates otherwise:
Amenities--Ancillary activities, services or facilities in which a registered guest or the transient public, in return for non-de minimis consideration, may participate at a resort hotel, including, but not limited to:
(i) Sports and recreational activities and facilities such as a golf course or golf driving range, tennis courts or swimming pools.
(ii) Health spa.
(iii) Convention, meeting and banquet facilities.
(iv) Entertainment facilities.
(v) Restaurant facilities.
Applicant--A person who applies to the Board to receive a slot machine license as defined in this section.
Developer--A person engaged by a slot machine applicant or licensee to construct a proposed licensed facility or to otherwise make land or buildings suitable for use as a licensed facility.
Guest rooms under common ownership--A room or group of rooms, including timeshare units, that are owned by a well-established resort hotel and that are available for rental.
Licensing hearing--A hearing before the Board in which an applicant for a grant of a permanent slot machine license or a Conditional Category 1 slot machine license will have an opportunity to present to the Board:
(i) Evidence concerning its eligibility for a license.
(ii) Evidence concerning its suitability for a license.
(iii) Evidence of how its proposed facility and operation addresses the criteria identified in section 1325(c) of the act (relating to license or permit issuance).
(iv) For applicants seeking licensure under section 1304 of the act (relating to Category 2 slot machine license), evidence which sets forth a comparison between the applicant and other applicants within the same category of licensure on the standards and criteria in the act.
Non-de minimis consideration--A payment of fair market value of at least $10 per patron paid to the resort hotel for use of one or more amenities.
Organization--All legal business entities that are under common ownership or control, including, but not limited to, affiliates, subsidiaries, intermediaries and holding companies.
Patron of amenities--An individual who is a registered attendee of a convention, meeting or banquet event or a participant in a sport or recreational event or any other social, cultural or business event held at a resort hotel or who participates in one or more of the amenities provided to registered guests of the resort hotel.
Slot machine license--A Category 1 slot machine license under section 1302 of the act (relating to Category 1 slot machine license), a Conditional Category 1 slot machine license under section 1315 of the act (relating to Conditional Category 1 license), a Category 2 slot machine license under section 1304 of the act (relating to Category 2 slot machine license) and a Category 3 slot machine license under section 1305 of the act (relating to Category 3 slot machine license).
Well-established resort hotel--A resort hotel having at least 275 guest rooms under common ownership at the time of application for a Category 3 slot machine license and having substantial year-round recreational guest amenities.
§ 441.23a. Category 3 slot machine licensees.
(a) To qualify as a well-established resort hotel with substantial year-round recreational guest amenities, the resort hotel must offer on its premises a complement of amenities characteristic of a well-established resort hotel, including the following:
(1) Sports and recreational activities and facilities such as a golf course or golf driving range.
(2) Tennis courts.
(3) Swimming pools or a water park.
(4) Health spa.
(5) Meeting and banquet facilities.
(6) Entertainment facilities.
(7) Restaurant facilities.
(8) Downhill or cross-country skiing facilities.
(9) Bowling lanes.
(10) Movie theaters.
(b) A Category 3 slot machine applicant shall submit, as part of its application and its internal controls required under Chapter 465 (relating to accounting and internal controls), a plan detailing how the applicant will monitor the gaming area to ensure compliance with Chapters 503, 511 and 513 (relating to self-exclusion; persons required to be excluded; and underage gaming) and that only the following persons are permitted to enter the gaming area:
(1) Registered overnight guests.
(2) Patrons of one or more amenities.
(3) Authorized employees.
(4) Other persons authorized by the Board.
(c) Individuals holding a valid seasonal or year-round membership, which has been approved by the Board and entitles the individual to use one or more of the amenities at the well-established resort hotel holding the Category 3 slot machine license, may be allowed on the gaming floor at any time. The Board will base its approval of a membership on the duration of the membership, the amenities covered by the membership and whether the fee charged for the membership represents the fair market value for the use of the amenity or amenities.
(d) A patron of an amenity at a well-established resort hotel holding a Category 3 slot machine license may be permitted unlimited access to the gaming floor for one 24-hour period within 72 hours of the use of the amenity.
[Pa.B. Doc. No. 07-885. Filed for public inspection May 18, 2007, 9:00 a.m.]
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