RULES AND REGULATIONS
PENNSYLVANIA GAMING CONTROL BOARD
[ 58 PA. CODE CHS. 461a, 463a, 465a
AND 467a ]
Slot Machine Testing and Control; Possession of Slot Machines; Accounting and Internal Controls; and Commencement of Slot Operations
[38 Pa.B. 6749]
[Saturday, December 13, 2008]The Pennsylvania Gaming Control Board (Board), under its general authority in 4 Pa.C.S. § 1202(b)(30) (relating to general and specific powers) and the specific authority in 4 Pa.C.S. §§ 1207 and 1322 (relating to regulatory authority of the Board; and slot machine accounting controls and audits), amends Chapters 461a, 463a, 465a and 467a to read as set forth at 38 Pa.B. 3507 (June 28, 2008) and in Annex A.
Purpose of the Final-form Rulemaking
The final-form regulation add new requirements to improve the Board's oversight of slot machine licensees to insure compliance with Pennsylvania Race Horse Development and Gaming Act; clarifies various provisions in Chapters 461a and 465a (relating to slot machine testing and control; and accounting and internal controls); and revises existing requirements to provide slot machine licensees with some additional organizational and operating flexibility.
Explanation of Amendments to Chapters 461a, 463a, 465a and 467a
In Chapter 461a, definitions of the terms ''RAM'' and ''RAM clear'' have been added to § 461a.1 (relating to definitions). These terms are used in the new § 461a.27 (relating to RAM clear) which codifies the procedures that are currently being used by slot machine licensees when it is necessary to do a RAM clear on a malfunctioning slot machine.
In § 463a.2 (relating to transportation of slot machines into, within and out of this Commonwealth), the Bureau of Investigations and Enforcement (BIE) and the Office of Gaming Operations have been added to the Gaming Lab as recipients of notices concerning the movement of slot machines into, within or out of this Commonwealth. Providing this notice to BIE and the Office of Gaming Operations will assist them in carrying out their responsibilities related to the movement of slot machines.
Two new provisions have been added to § 465a.2 (relating to internal control systems and audit protocols). A new paragraph (7) has been added which requires slot machine licensees to include the procedures that the slot machine licensees will use to conduct promotions in the slot machine licensees' internal controls. This will allow the Board to determine that sufficient patron protections are included in each promotion without requiring slot machine licensees to obtain separate approval for each promotion they desire to run. Additionally, a new paragraph (8) has been added which will require slot machine licensees to include the procedures they will use to maintain compliance with 4 Pa.C.S. § 1513 (relating to political influence) in their internal controls. This will allow the Board to ensure that all slot machine licensees have an effective program to prevent violations of 4 Pa.C.S. § 1513.
In § 465a.4 (relating to standard financial and statistical reports), the Board has added a new reporting requirement. Slot machine licensees will be required to submit quarterly reports reconciling the tax amount invoiced by the Department of Revenue (Department) and the tax accrual determined by the slot machine licensee's revenue/income audit process. This report will be used by the Board to help evaluate the effectiveness and accuracy of the slot machine licensees' accounting operations.
In § 465a.8 (relating to licensed facility), the Board has made two changes. First, a new paragraph (7) has been added to subsection (d) requiring slot machine licensees to provide an area for the Central Control Computer System which must be equipped with an uninterruptible power supply. This requirement reflects what has been done at existing licensed facilities. Second, a new paragraph (8) has been added to subsection (d) requiring slot machine licensees to provide signs for the Board office, the size, location and design of which must be approved by the Office of Gaming Operations. This will make it easier for patrons at a licensed facility to locate the Board's office.
In § 465a.9 (relating to surveillance system; surveillance department control; surveillance department restrictions), the references to ''cashiering location'' in subsection (e) have been replaced with ''cashiers' cage'' to make it clear that this requirement for surveillance only applies to the cashiers' cages and not to cashier locations in the retail or food and beverage areas.
In § 465a.11 (relating to slot machine licensee's organization), language has been added to allow a slot machine licensee to have an assistant chief executive officer who acts as the chief executive officer in the chief executive officer's absence and to whom any of the six required department supervisors may directly report. This will give slot machine licensees some additional organizational flexibility and reflects the organizational structure of one of the existing slot machine licensees.
A new § 465a.33 (relating to access to areas containing Central Control Computer System equipment) has been added which specifies minimum requirements that must be included in a slot machine licensee's internal controls pertaining to access to areas containing central control computer (CCC) equipment. These minimum requirements will insure that access to the CCC equipment is limited to authorized personnel only.
In § 467a.1 (relating to gaming floor plan), the process for approving requests for changes to the gaming floor has been clarified and streamlined. Requests for changes to the square footage of the gaming floor or the number of slot machines on the gaming floor of more than 2% of the existing square footage or number slot machines on the gaming floor will be required to be filed as a petition under § 493a.4 (relating to petitions generally) and approved by the Board. All other change requests can be submitted in writing to the Office of the Clerk and will be approved by the Executive Director. This should result in quicker approval of changes that do not involve significant changes in the square footage of the gaming floor or the number of slot machines on the gaming floor.
Comment and Response Summary
Notice of proposed rulemaking was published at 38 Pa.B. 3507.
The Board received comments from Greenwood Gaming and Entertainment, Inc. (Greenwood) and Mountainview Thoroughbred Racing Association (Mountainview) during the public comment period. By letter dated August 27, 2008, the Independent Regulatory Review Commission (IRRC) also submitted comments. These comments were reviewed by the Board and are discussed in detail in this Preamble.
Concerning § 461a.27, IRRC suggested that the Board replace the term ''Central Control Computer System'' with the defined term ''central control computer'' and that the term ''financial meters'' be defined.
The Board agrees that the term ''Central Control Computer System'' should be replaced with the defined term ''central control computer'' and has made that change to this section and elsewhere throughout the final-form regulations. The Board decided not to add a definition of the term ''financial meters'' for two reasons. First, the term is well understood by the industry to include any meter that records financial information such as coin in, coin out, and the like. Second, a definition that attempted to list the meters included in the term could become obsolete as technology changes.
Greenwood commented that it believed § 465a.2(a)(7) is vague and suggested that the Board do a revised proposal with additional guidance regarding the safeguards and protections that should be included in their internal controls.
The Board agrees that further guidance would be helpful. To this end, the Board adopted an order on March 27, 2008, which sets forth some basic requirements that promotions must meet. Because the Board's experience with promotions is limited at this point in time, the Board believes that adding detailed provisions on promotions to these regulations may be premature. Additionally, adding detailed requirements to this rulemaking at this point in the process would deprive slot machine licensees of an opportunity to comment. Accordingly, the Board will consider doing a separate rulemaking on promotions after it gains more experience.
IRRC questioned the need for § 465a.2(8) since it repeats portions of the statute and if it is needed, IRRC suggested that more detail be added.
The inclusion of this requirement was not intended to repeat all of the provisions contained in 4 Pa.C.S. § 1513 (relating to political influence). Instead it is intended to require slot machine licensees to develop, and submit to the Board for its approval as part of the slot machine licensee's internal controls, the internal procedures the slot machine licensee will use to insure compliance with 4 Pa.C.S. § 1513. Because of the differing organizational structures of the existing slot machine licensees and to give slot machine licensees flexibility as to how they may do this, the Board has not elected to mandate any particular procedures at this time.
On § 465a.4, Greenwood suggested that the Board include a sample format in the regulation or have Board staff visit each slot machine licensee before the regulation takes effect to outline and review exactly what the Board wishes to see in the quarterly reports.
While the Board does not believe the format should be included in the regulation, the Board does agrees with the suggestion that a sample format be provided. To this end, a sample Excel template was sent to all slot machine licensees in June. To further simplify the submission process for this report, the Board has also amended this section to require that the reports be submitted electronically.
On § 465a.8, IRRC suggested that the regulation provide more detail on how a slot machine licensee can obtain Office of Gaming Operation's approval of required signs.
These signs are one of a multitude of items that are discussed with the slot machine licensee by the opening team during the weeks prior to the opening of a licensed facility. Therefore, the Board does not believe that establishing a more formal procedure is necessary.
In § 465a.11, Mountainview noted that the proposed change appeared to contain conflicting language and suggested that this language be clarified.
The Board agrees with Mountainview's observation and has modified the proposed language to eliminate the potentially contradictory language.
In § 465a.33, Mountainview suggested that the Board replace subsection (a)(1)(ii) which requires an audible alarm to surveillance when the door to the area housing the CCC equipment is opened with a more general requirement that the slot machine licensee establish procedures that will insure that the surveillance department is notified whenever the CCC area is being accessed. IRRC concurred with this suggestion and suggested that the Board consider less costly options when developing the final-form regulation.
The Board agrees that there are other procedures that could be adopted to provide notice to the surveillance department for authorized entry to the CCC area. However, none of those alternatives would provide any protection against unauthorized entry. Given that the CCC equipment is used for the calculation of gross terminal revenue, protection of this area is essential. For this reason, the Board has retained this provision as proposed.
In § 465a.33(a)(4), Mountainview asked if the intent of this provision was to limit access to just GTECH personnel and if the slot machine licensee could rely on the list provided by GTECH or does the list have to be ''approved'' by the Department. IRRC questioned the Board's authority to impose an approval requirement on the Department and if authority does exist, suggested that more detail related to the approval process be added to the regulation.
The Board acknowledges that the proposed version of this provision did not reflect its intent. The intent of this provision was not to impose any requirements on the Department or to require slot machine licensees to submit a list to the Department for its approval. This paragraph has been revised to clarify that the slot machine licensee is only authorized to grant access to the CCC area to individuals who are on the list which the slot machine licensee must obtain from the Department.
Concerning § 465a.33(a)(5), Mountainview asked if this requirement only applied to individuals who are not authorized to enter the area containing the CCC equipment and if the notice to the Department, BIE and the casino compliance representatives must be provided before entry is allowed or as soon as practicable. IRRC questioned the need for notification if it is a true emergency and suggested that the provision be revised or deleted.
As noted previously, because the CCC area contains equipment used to calculate the gross terminal revenue, the Department and the Board need to be notified of any entry to the CCC area. So the Board has not deleted this provision. However, to address Mountainview's first question, the Board has inserted ''to individuals who are not authorized to have access to the area containing CCC equipment'' in this paragraph to clarify who needs a security escort. In response to their second question, the Board agrees that access in an emergency should not be delayed by requiring that notice be given before entry can be authorized. To clarify this point, this paragraph has been revised to require that the notice be given ''as soon as possible.'' To further simplify the notification requirement, the Board has eliminated the requirement that BIE be notified. This notification is not needed since notice is provided to the casino compliance representatives at the licensed facility.
Concerning the proposed revisions to § 467a.1(c), both Greenwood and IRRC believed that the proposed regulation is more restrictive than an existing delegation to the Executive Director to approve all relocations. If the Board retains this provision, they suggested that the threshold be increased from 2% to 5% to give slot machine licensees adequate flexibility to respond to customer demands and playing patterns and the Commonwealth's new Clean Indoor Air Act (Act 27 of 2008) (35 P. S. §§ 637.1--637.14).
The Board agrees that slot machine licensees should have the ability to relocate slot machines on their gaming floors with minimal delays. Therefore, the Board has revised this subsection to clarify that only changes involving more than 2% in the number of slot machines on the gaming floor or changes of more than 2% in the square footage of the gaming floor need to be submitted as a petition that will require Board approval. All other changes will be approved by the Executive Director. However, while the Board believes that it may be reasonable to increase the percentage threshold above 2% at some point in the future, the Board has elected to retain the 2% threshold until the Board has gained more experience with the new process.
For ease of administration, the Board has revised this section to require that the requests be filed with the Clerk rather than the Office of Gaming Operations. Additionally, provisions have been added to the regulation which specify what must be included in a petition or request and which will allow a slot machine licensee to file a petition for reconsideration with the Board if the slot machine licensee is dissatisfied with the decision made by the Executive Director.
Additional Revisions
In §§ 461a.27 and 465a.33, the term ''casino enforcement agent'' has been replaced with ''casino compliance representative'' to reflect the agents' current job title.
In § 465a.2(a)(8), the word ''to'' has been inserted following ''influence)'' to improve clarity.
In § 465a.4(a), the Financial Investigation Division has been removed from the list of entities that are to receive the revenue reconciliation report. This was done because routine review of this report is not one of their normal duties and because they will be able to obtain the report from the Office of Gaming Operations on an as needed basis.
In § 465a.11(a)(5), the word ''department's'' has been replaced by ''departments'' to reflect the Board's original intent.
In the first sentence of § 467a.1(c), the word ''gaming'' has been inserted in front of the word ''floor'' to make the use of the term consistent throughout this subsection.
Affected Parties
Slot machine licensees will be required to develop and file new internal controls and comply with the other provisions of these final-form regulations. Additionally, manufacturers, manufacturer designees and suppliers will have to comply with the new notice requirement in § 463a.2.
Fiscal Impact
Commonwealth
Because most of the revisions in this rulemaking reflect current Department and Board practice, there will be no significant costs or savings to the Department, the Board or other State agencies as a result of these revisions.
Political Subdivisions
These final-form regulations will have no fiscal impact on political subdivisions of this Commonwealth.
Private Sector
Slot machine licensees will experience some costs to draft new internal controls, file the new quarterly reports required under § 465a.4(a) and obtain signs for the Board's offices at the licensed facilities. The Board estimates that these costs should not exceed $2,000 per slot machine licensee.
General Public
These final-form regulations will have no fiscal impact on the general public.
Paperwork Requirements
These final-form regulations will require slot machine licensees to draft and submit amendments to their internal controls, prepare and submit quarterly revenue reconciliation reports and provide notice to BIE and the Office of Gaming Operations, in addition to the Gaming Lab, when slot machines are to be moved.
Effective Date
These final-form regulations will become effective upon final-form publication in the Pennsylvania Bulletin.
Contact Person
The contact person for questions about these final-form regulations is Richard Sandusky, Director of Regulatory Review, at (717) 214-8111.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on June 12, 2008, the Board submitted a copy of the proposed rulemaking, published at 38 Pa.B. 3507, and a copy of the Regulatory Analysis Form to IRRC and the Chairpersons of the House Gaming Oversight Committee and the Senate Committee on Community, Economic and Recreational Development (Committees).
Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Board has considered all comments received from IRRC, the House and Senate Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), the final-form regulations were deemed approved by the Committees on November 5, 2008. Under section 5.1(e) of the Regulatory Review Act, IRRC met on November 6, 2008, and approved the final-form regulations.
Findings
The Board finds that:
(1) Public notice of intention to adopt these amendments was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) These final-form regulations are necessary and appropriate for the administration and enforcement of 4 Pa.C.S. Part II (relating to gaming).
Order
The Board, acting under 4 Pa.C.S. Part II, orders that:
(a) The regulations of the Board, 58 Pa. Code Chapters 461a, 463a, 465a and 467a are amended by amending §§ 461a.1, 463a.2 and 465a.9, to read as set forth at 38 Pa.B. 3507; and by amending §§ 465a.2, 465a.4, 465a.8, 465a.11 and 467a.1, and by adding §§ 461a.27 and 465a.33 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(b) The Chairperson of the Board shall certify this order, 38 Pa.B. 3507 and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(c) This order shall take effect upon publication in the Pennsylvania Bulletin.
MARY DIGIACOMO COLINS,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 38 Pa.B. 6429 (November 29, 2008).)
Fiscal Note: Fiscal Note 125-88 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART VII. GAMING CONTROL BOARD
Subpart E. SLOT MACHINES AND ASSOCIATED EQUIPMENT
CHAPTER 461a. SLOT MACHINE TESTING AND CONTROL § 461a.27. RAM clear.
(a) When a slot machine licensee becomes aware of a nonresponsive slot machine and communication between the slot machine and the central control computer can not be reestablished, the slot machine licensee shall immediately notify the Department's operator of the central control computer and the casino compliance representatives at the licensed facility. The slot machine licensee may not do a RAM clear on the affected slot machine until a casino compliance representative has recorded the information on the financial meters.
(b) For planned RAM clears, the slot machine licensee shall provide notice to the Department's operator of the central control computer and the casino compliance representatives at the licensed facility 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 casino compliance representatives at the licensed facility immediately prior to actually conducting the RAM clear.
CHAPTER 465a. ACCOUNTING AND INTERNAL CONTROLS § 465.2. Internal control systems and audit protocols.
(a) An applicant for, or holder of, a slot machine license shall submit to the Board and the Department a written description of its initial system of administrative and accounting procedures, including its internal control systems and audit protocols (collectively referred to as its ''internal controls'') at least 90 days before gaming operations are to commence. A written system of internal controls must include:
* * * * * (7) Procedures governing the conduct of all gaming related promotions to be offered by the slot machine licensee.
(8) Procedures to ensure compliance with section 1513 of the act (relating to political influence) to:
(i) Prevent political contributions.
(ii) Provide an annual certification that the slot machine licensee has conducted a good faith investigation that has not revealed any violations to the Board and to the Department of State's Bureau of Commissions, Elections and Legislation.
(9) Other items the Board may request in writing to be included in the internal controls.
* * * * * § 465a.4. Standard financial and statistical reports.
(a) Within 30 days of the close of each calendar quarter, slot machine licensees shall file a report which includes a detailed reconciliation of the amount invoiced by the Department to the tax accrual determined by the slot machine licensee's revenue/income audit process. The reconciliation shall be determined by the slot machine licensee on at least a weekly basis and the report must provide the date and the amount of any differences found during the reconciliation process. The report shall be filed electronically with the Board's Office of Gaming Operations and the Department's Bureau of Fiscal Management.
(b) The Board may prescribe standard reporting forms and corresponding filing instructions to be used by a slot machine licensee in filing the report referenced in subsection (a).
(c) The Board may request, in writing, financial, statistical or other reports to determine compliance by the slot machine licensee with the act and the Board's regulations.
§ 465a.8. Licensed facility.
(a) A licensed facility must be equipped with a surveillance system configured and approved in accordance with §§ 465a.9 and 465a.10 (relating to the surveillance system; surveillance department control; surveillance department restrictions; and surveillance system recording formats). Except as otherwise provided in subsection (d)(1), the surveillance system shall be under the exclusive control of the surveillance department.
(b) Restricted areas within the licensed facility shall be designated for the repair and storage of slot machines. Areas approved and utilized within the licensed facility for slot machine repair shall be covered by the approved surveillance system.
(c) Emergency exits from the gaming floor must be equipped with an audible alarm system that produces a loud, distinguishable warning sound, discernable in the vicinity of the exit, whenever the emergency door is opened. The alarm system shall be designed to require deactivation and reset by means of a key. The key is to be maintained by the security department.
(d) Slot machine licensees shall, in accordance with section 1207(13) of the act (relating to regulatory authority of board), provide for and maintain onsite facilities for use by the Board, the Department and the Pennsylvania State Police for the purpose of carrying out their respective responsibilities (collectively referred to as the ''onsite facilities''). The onsite facilities must be located in the same building as the gaming floor, in locations approved by the Office of Gaming Operations and include suitable office space, equipment, partitions and supplies to meet the continuing needs of the Board, the Department and the Pennsylvania State Police at the facility including the following:
(1) A surveillance system monitoring room, located within the onsite facilities, with full camera control capability for the reception of transmissions generated by each camera approved for use as part of the slot machine licensee's surveillance system. Full camera control capability includes the ability to override the camera control capability of the slot machine licensee's surveillance system.
(2) An area for the detention of individuals detained or taken into custody by the Pennsylvania State Police. The detention area must be located within the onsite facilities and consist of a bench or other apparatus which is permanently affixed to the wall or floor to which the person in custody can be handcuffed with as little discomfort to that person as is possible under the circumstances.
(3) A fingerprinting and photographing facility for use by the Pennsylvania State Police located in conformance with and outfitted in compliance with specifications established by the Pennsylvania State Police.
(4) Adequate computer, telephone and copying capability to meet the Board's, the Department's and the Pennsylvania State Police's continuing data processing and related needs.
(5) Direct telephone connections between the onsite facilities and the slot machine licensee's surveillance monitoring room and its security department.
(6) Computer terminals providing read only access to any computerized slot monitoring system or casino management system, or both, used by the slot machine licensee in its gaming operations.
(7) An area for the operation and storage of the central control computer equipment which must be equipped with an uninterruptible power supply.
(8) Signs indicating the location of the Board's office. The size, location and design of the signs must be approved by the Office of Gaming Operations.
(e) Keys or alternative locking mechanisms securing access to the onsite facilities shall be under the exclusive custody and control of the Board, the Department or the Pennsylvania State Police respectively.
(f) Slot machine licensees shall provide additional accommodations within the licensed facility upon receipt of a written request from the Board, the Department or the Pennsylvania State Police to accommodate periodic audit, compliance or investigative reviews at the licensed facility.
(g) Slot machine licensees shall provide adequate parking spaces adjacent or proximate to the onsite facilities, clearly marked for the Board, the Department or Pennsylvania State Police use only.
(h) Slot machine licensees shall equip licensed facilities with communication systems necessary to insure communication between the licensed facility and the Board, the Department, the Pennsylvania State Police, any applicable local law enforcement agency or emergency first responders.
§ 465a.11. Slot machine licensee's organization.
(a) Slot machine licensees' systems of internal controls must, in accordance with section 1322 of the act (relating to slot machine accounting controls and audits) and § 465a.2 (relating to internal control systems and audit protocols), include organization charts depicting segregation of functions and responsibilities and descriptions of the duties and responsibilities for each position shown on each organization chart. Slot machine licensees shall be permitted, except as otherwise provided in this section, to tailor organizational structures to meet the needs or policies of a particular management philosophy. A slot machine licensee's organization charts must provide for:
* * * * * (5) A chief executive officer. For the purposes of this section, a ''chief executive officer'' means the person located at the licensed facility who is ultimately responsible for the daily conduct of the slot machine licensee's gaming business regardless of the form of business association of the slot machine licensee or applicant or the particular title which that person or any other person holds. A slot machine licensee's organization chart may also include an assistant chief executive officer who is responsible for the daily conduct of the slot machine licensee's gaming business during the chief executive officer's absence. However, the assistant chief executive officer may not be the department head of one of the departments required by subsection (b). Each supervisor of a department required by subsection (b) shall report directly to the chief executive officer or assistant chief executive officer of the slot machine licensee regarding administrative matters and daily operations. The slot machine licensee's organization charts must designate which positions, in the absence of the chief executive officer and the assistant chief executive officer, shall be designated as having responsibility for the daily conduct of the slot machine licensee's gaming business.
* * * * * § 465a.33. Access to areas containing central control computer equipment.
(a) A slot machine licensee shall develop and submit to the Board and the Department, as part of the submission required under § 465a.2 (relating to internal control systems and audit protocols), procedures for safeguarding and limiting access to the central control computer (CCC) equipment housed within the licensed facility. At a minimum, these procedures must include the following requirements:
(1) The area containing CCC equipment must:
(i) Be secured with a manual key lock system.
(ii) Have a door, that when opened, audibly signals the surveillance monitoring room.
(iii) Have adequate surveillance camera coverage to record all activity in the area.
(2) All keys which access the area containing CCC equipment shall be maintained by the slot machine licensee's security department. Access to the keys may only be authorized by the director of security or the security shift manager with notification to the surveillance monitoring room and the casino compliance representatives at the licensed facility.
(3) The slot machine licensee shall maintain an access log for the area containing CCC equipment. The log shall be maintained in a book with bound numbered pages that cannot be readily removed and placed in close proximity to the CCC equipment. Casino compliance representatives at the licensed facility may review the log upon request. The log shall be stored and retained in accordance with § 465a.6 (relating to retention, storage and destruction of books, records and documents). The following information shall be recorded in a log:
(i) The date and time of each entry and exit.
(ii) The name and Board-issued credential number of each person who initiates, performs or supervises the entry.
(iii) The purpose of entry.
(4) The slot machine licensee's security department shall maintain a list of employees who are authorized to have access to the area containing CCC equipment. The list shall be obtained from the Department and made available to the casino compliance representatives at the licensed facility.
(5) Emergency access to individuals who are not authorized to have access to the area containing CCC equipment may only be granted with a security escort. When emergency access is granted, the slot machine licensee shall provide notice to the Department and the casino compliance representatives at the licensed facility as soon as possible.
CHAPTER 467a. COMMENCEMENT OF SLOT OPERATIONS § 467a.1. Gaming floor plan.
(a) An applicant for, or holder of a slot machine license, shall submit to the Board a floor plan of its gaming floor and the restricted areas servicing the slot operation. A floor plan must be:
(1) Drawn to 1/8 inch scale, unless another scale is approved by the Board.
(2) Certified by an architect licensed to practice in this Commonwealth and depict the following:
(i) The gaming floor with notations as to:
(A) Proposed total square footage.
(B) The perimeter of the gaming floor.
(C) A clearly delineated route for underage persons to transverse the gaming floor.
(ii) Each slot machine area on the gaming floor and each slot machine location within each slot machine area. Slot machine locations shall be identified by number in accordance with § 463a.3 (relating to slot machine location).
(iii) The number of slot machines on the gaming floor in compliance with section 1210 of the act (relating to number of slot machines), in total and by slot area.
(iv) Each slot seat on the gaming floor in compliance with § 461a.7(t) (relating to slot machine minimum design standards).
(v) Each surveillance camera installed in compliance with § 465a.9(a) (relating to surveillance system; surveillance department control, surveillance department restrictions), noting its type and camera number.
(vi) The cashiers' cage and any satellite cashiers' cage, inclusive of each cashiers' cage window and window number, ancillary offices and areas.
(vii) Each count room and any trolley storage area.
(viii) Each automated bill breaker, gaming voucher redemption, coupon redemption and jackpot payout machine.
(ix) Each automated teller machine.
(x) Each area designated for the storage or repair of slot machines.
(xi) Vault and armored car bay locations.
(xii) Additional documentation requested by the Board relating to the floor plan for the gaming floor.
(b) A slot machine licensee may not commence slot operations until the floor plan depicting its gaming floor and all restricted areas servicing the slot operation has been approved in writing by the Board. The approval by the Board will expressly authorize the maximum square footage of gaming floor and maximum number of slot machines which may be operated by the slot machine licensee.
(c) Requests for changes to the gaming floor plan approved under subsection (b) which involve a change of more than 2% of the square footage of the gaming floor or which involve a change of more than 2% in the number of slot machines on the gaming floor require Board approval and must be submitted to the Board as a petition under § 493a.4 (relating to petitions generally). Requests for all other changes to the gaming floor must be submitted in writing to the Office of the Clerk as a request for changes to the gaming floor and approved by the Board's Executive Director. The approval of the Board or the Executive Director may include conditions that must be met by the slot machine licensee as part of the changes.
(d) A petition or request for changes to the gaming floor must, at a minimum, include:
(1) A narrative description of the proposed changes.
(2) A revised gaming floor plan.
(3) A timetable for completion of the proposed changes.
(4) An updated slot machine master list as required under § 463a.5 (relating to slot machine master list).
(e) If a slot machine licensee objects to the disapproval of a request for changes to the gaming floor or conditions imposed on the approval of a request for changes to the gaming floor, the slot machine licensee may file a request for reconsideration as a petition under § 493a.4.
[Pa.B. Doc. No. 08-2233. Filed for public inspection December 12, 2008, 9:00 a.m.]
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