RULES AND REGULATIONS
Title 58—RECREATION
PENNSYLVANIA GAMING CONTROL BOARD
[ 58 PA. CODE CHS. 521, 525, 535, 537, 541, 543, 545, 549, 565 AND 569 ]
Table Game Rules Amendments; Temporary Rulemaking
[41 Pa.B. 234]
[Saturday, January 8, 2011]The Pennsylvania Gaming Control Board (Board), under its general authority in 4 Pa.C.S. § 1303A (relating to temporary table game regulations) enacted by the act of January 7, 2010 (P. L. 1, No. 1) (Act 1) and the specific authority in 4 Pa.C.S. § 1302A(1) and (2) (relating to regulatory authority), amends temporary regulations in Chapters 521, 525, 535, 537, 541, 543, 545, 549, 565 and 569 to read as set forth in Annex A. The Board's temporary regulations will be added to Part VII (relating to Gaming Control Board) as part of Subpart K (relating to table games).
Purpose of the Temporary Rulemaking
This temporary rulemaking amends the general provisions and table game internal controls regulations and amends the rules of Pai Gow, Craps and Mini-Craps, Minibaccarat, Midibaccarat, Baccarat, Blackjack, Three Card Poker and Ultimate Texas Hold 'Em Poker in response to requests received from certificate holders.
Explanation of Chapters 521, 525, 535, 537, 541, 543, 545, 549, 565 and 569
The Board received numerous comments from the industry regarding amendments to various games approved for play.
In Chapter 521 (relating to general provisions), language was added to § 521.5 (relating to waiver of existing table game regulations), which now allows a certificate holder to file a written request with the Board's Executive Director to offer an authorized table game on an electronic gaming table in a manner that is inconsistent with the Board's regulations, rather than filing a petition with the Board. This provision was added because several inconsistencies were discovered between the Board's regulations and the play on electronic gaming tables, such as whether cards in Blackjack are dealt from left to right in live play or simultaneously in the electronic version. These inconsistencies, which typically do not affect the outcome of play, are more logically rectified by submission of a written request to the Board's Executive Director rather than a petition to the Board.
In § 525.5 (relating to jobs compendium submission), the Board previously required certificate holders to submit a complete jobs compendium on the anniversary date of table games opening. Because Board staff reviews the jobs compendium submissions and because nine properties received authorization to begin table game operations within a 3-week period, the submission date was amended to the yearly anniversary date of each property's slot opening.
In Chapter 535 (relating to Pai Gow), language was added to § 535.4 (relating to Pai Gow tiles; ranking of hands, pairs and tiles; value of the hand) to clarify that when a zero-zero tie occurs between the dealer/banker and a player, individual tiles will not be considered and the tie will go to the dealer/banker.
In Chapter 537 (relating to Craps and Mini-Craps), language was amended in § 537.5a (relating to Buy and Lay Bets) which allows operators the option of collecting vigorish on winning wagers or at the time the player makes the wager.
In Chapters 541, 543 and 545 (relating to Minibaccarat; Midibaccarat; and Baccarat), language was added clarifying that if a dealer collects vigorish on winning payouts, the certificate holder does not have to include on the table layout a numbered area that corresponds to the seat number for the purpose of marking vigorish.
Chapter 549 (relating to Blackjack) allows certificate holders to designate the number of additional times a patron may split a pair, including aces, beyond the first split.
In Three Card Poker, pay table B is amended in § 565.12(k) (relating to payout odds; Envy Bonus; rate of progression; payout limitation) to correct a previous error on the payout for a straight.
Lastly, in Ultimate Texas Hold 'Em Poker, § 569.11 (relating to procedures for completion of each round of play; collection and payment of wagers) is amended to allow a patron to place a Play Wager in an amount equal to three or four times the amount of the player's Ante Wager. This will give patrons some flexibility on how much additional wager to place on the Ante Wager.
Affected Parties
The amendments in this temporary rulemaking will allow certificate holders additional options on how to conduct table games at their licensed facilities.
Fiscal Impact
Commonwealth
The Board does not expect that this temporary rulemaking will have fiscal impact on the Board or any other Commonwealth agency. Internal control procedures submitted by certificate holders regarding table games rules submissions will be reviewed by existing Board staff.
Political subdivisions
This temporary rulemaking will not have direct fiscal impact on political subdivisions of this Commonwealth. Eventually, host municipalities and counties will benefit from the local share funding that is mandated by Act 1.
Private sector
This temporary rulemaking will give certificate holders some additional flexibility as to how they conduct table games.
General public
This temporary rulemaking will not have direct fiscal impact on the general public.
Paperwork Requirements
If a certificate holder selects different options for the play at table games, the certificate holder will be required to submit an updated rules submission reflecting the changes.
Effective Date
This temporary rulemaking will become effective upon publication in the Pennsylvania Bulletin.
Public Comments
While this temporary rulemaking will be effective upon publication, the Board is seeking comments from the public and affected parties as to how this temporary rulemaking might be improved. Interested persons are invited to submit written comments, suggestions or objections regarding this temporary rulemaking within 30 days after the date of publication in the Pennsylvania Bulletin to Susan A. Yocum, Assistant Chief Counsel, Pennsylvania Gaming Control Board, P. O. Box 69060, Harrisburg, PA 17106-9060, Attention: Public Comment on Regulation #125-139.
Contact Person
The contact person for questions about this temporary rulemaking is Susan A. Yocum, Assistant Chief Counsel, (717) 265-8356.
Regulatory Review
Under 4 Pa.C.S. § 1303A, the Board is authorized to adopt temporary regulations which are not subject to sections 201—205 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201—1208), known as the Commonwealth Documents Law (CDL), the Regulatory Review Act (71 P. S. §§ 745.1—745.12) and sections 204(b) and 301(10) of the Commonwealth Attorneys Act (71 P. S. §§ 732-204(b) and 732-301(10)). These temporary regulations expire 2 years after publication in the Pennsylvania Bulletin.
Findings
The Board finds that:
(1) Under 4 Pa.C.S. § 1303A, the temporary regulations are exempt from the requirements of the Regulatory Review Act, sections 201—205 of the CDL and sections 204(b) and 301(10) of the Commonwealth Attorneys Act.
(2) The adoption of the temporary regulations is 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:
(1) The regulations of the Board, 58 Pa. Code Chapters 521, 525, 535, 537, 541, 543, 545, 549, 565 and 569, are amended by amending §§ 521.5, 525.5, 535.4, 537.5a, 541.2, 543.2, 545.2, 549.12, 565.12 and 569.11 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(2) The temporary regulations are effective January 8, 2011.
(3) The temporary regulations will be posted on the Board's web site and published in the Pennsylvania Bulletin.
(4) The temporary regulations are subject to amendment as deemed necessary by the Board.
(5) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
GREGORY C. FAJT,
ChairpersonFiscal Note: 125-139. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART VII. GAMING CONTROL BOARD
Subpart K. TABLE GAMES
CHAPTER 521. GENERAL PROVISIONS § 521.5. Waiver of existing table game regulations.
(a) A certificate holder that desires to conduct a table game, in a manner that is inconsistent with the Board's regulations, shall file a petition in accordance with § 493a.4 (relating to petitions generally) seeking approval of the Board. The petition, at a minimum, must contain:
(1) A detailed description of the modification to the table game.
(2) The reason why the modification to the table game is being requested.
(3) A list of other gaming jurisdictions where the modification to the table game is currently being used.
(b) Notwithstanding subsection (a), a certificate holder that desires to offer an authorized table game on an electronic gaming table, in a manner that is inconsistent with the Board's regulations, shall file a written request seeking approval of the Board's Executive Director. The request must contain a detailed description of how the authorized table game played on an electronic gaming table varies from the Board's regulations. An approval to conduct the table game in a manner that is inconsistent with the Board's regulations will be limited to only those variations approved by the Board's Executive Director. Any subsequent alterations to the table game that are inconsistent with the Board's regulations would require submission of an additional written request to the Board's Executive Director or a petition to the Board in accordance with subsection (a).
CHAPTER 525. TABLE GAME INTERNAL CONTROLS § 525.5. Jobs compendium submission.
* * * * * (e) Notwithstanding other requirements of this section, each certificate holder shall submit a complete and up-to-date jobs compendium to the Bureau of Gaming Operations and the Bureau of Licensing 12 months after its receipt of authorization to commence slot operations and every 12 months thereafter.
* * * * *
CHAPTER 535. PAI GOW § 535.4. Pai Gow tiles; ranking of hands, pairs and tiles; value of the hand.
* * * * * (e) When comparing high hands or low hands which are of identical value, the hand with the highest ranking individual tile shall be considered the higher ranking hand. If, however, the numeric value of the tiles results in a zero-zero tie, both hands, regardless of the highest ranking tile, are equally bad and the dealer or, if applicable, the bank shall be considered the higher ranking hand.
* * * * *
CHAPTER 537. CRAPS AND MINI-CRAPS § 537.5a. Buy and Lay Bets.
(a) In addition to Place Bets to Win on 4, 5, 6, 8, 9 and 10, a certificate holder may, in its Rules Submission under § 521.2 (relating to table games Rules Submissions), offer players the option of placing a Buy Bet to receive true odds on the Place Bet to Win. A certificate holder that offers Buy Bets shall pay winning wagers as follows:
Wager Payout Odds Buy Bet on the 4 2 to 1 Buy Bet on the 5 3 to 2 Buy Bet on the 6 6 to 5 Buy Bet on the 8 6 to 5 Buy Bet on the 9 3 to 2 Buy Bet on the 10 2 to 1 (b) In addition to Place Bets to Lose on 4, 5, 6, 8, 9 and 10, a certificate holder may, in its Rules Submission under § 521.2, offer players the option of placing a Lay Bet to receive true odds on the Place Bet to Lose. A certificate holder that offers Lay Bets shall pay winning wagers as follows:
Wager Payout Odds Lay Bet against the 4 1 to 2 Lay Bet against the 5 2 to 3 Lay Bet against the 6 5 to 6 Lay Bet against the 8 5 to 6 Lay Bet against the 9 2 to 3 Lay Bet against the 10 1 to 2 (c) A certificate holder that offers Buy and Lay Bets may collect, at time the player makes the wager, a vigorish of up to 5%, as specified in the certificate holder's Rules Submission, of the amount wagered on the Buy or Lay Bet or may collect the vigorish only on a winning Buy or Lay Bet. If collecting a vigorish, the certificate holder shall specify in its Rules Submission which vigorish procedure it will utilize. Except as permitted for the Buy and Lay Bets, a certificate holder may not charge a percentage, fee or vigorish to a player in making any wager in the game of Craps or Mini-Craps.
CHAPTER 541. MINIBACCARAT § 541.2. Minibaccarat table physical characteristics.
* * * * * (c) The layout for a Minibaccarat table shall be approved by the Bureau of Gaming Operations and contain, at a minimum:
(1) The name or logo of the certificate holder offering the game.
(2) Specific areas designated for the placement of wagers on the Banker's Hand, Players Hand and Tie Hand.
(3) A phrase that states the payout odds for Tie Bets.
(4) Numbered areas that correspond to the seat numbers for the purpose of marking vigorish unless the dealer, in accordance with the option selected in the certificate holder's Rules Submission under § 521.2, collects the vigorish from a player at the time the winning payout is made.
(5) An area designated for the placement of cards for the Player's Hand and Banker's Hand.
(6) If a certificate holder offers the Dragon Bonus Wager:
(i) A separate area designated for the placement of the Dragon Bonus Wager.
(ii) Inscriptions that advise patrons of the payout odds for the Dragon Bonus Wager. If the payout odds are not inscribed on the layout, a sign identifying the payout odds for the Dragon Bonus Wager shall be posted at each Minibaccarat table.
* * * * *
CHAPTER 543. MIDIBACCARAT § 543.2. Midibaccarat table physical characteristics.
* * * * * (c) The layout for a Midibaccarat table shall be approved by the Bureau of Gaming Operations and contain, at a minimum:
(1) The name or logo of the certificate holder offering the game.
(2) Specific areas designated for the placement of wagers on the Banker's Hand, Players Hand and Tie Hand.
(3) A phrase that states the payout odds for Tie Bets.
(4) Numbered areas that correspond to the seat numbers for the purpose of marking vigorish unless the dealer, in accordance with the option selected in the certificate holder's Rules Submission under § 521.2, collects the vigorish from a player at the time the winning payout is made.
(5) An area designated for the placement of cards for the Player's Hand and Banker's Hand.
(6) If a certificate holder offers the Dragon Bonus Wager:
(i) A separate area designated for the placement of the Dragon Bonus Wager.
(ii) Inscriptions that advise patrons of the payout odds for the Dragon Bonus Wager. If the payout odds are not inscribed on the layout, a sign identifying the payout odds for the Dragon Bonus Wager shall be posted at each Midibaccarat table.
* * * * *
CHAPTER 545. BACCARAT § 545.2. Baccarat table physical characteristics.
* * * * * (b) The layout for a Baccarat table shall be approved by the Bureau of Gaming Operations and, at a minimum, contain:
(1) The name or logo of the certificate holder offering the game.
(2) Specific areas designated for the placement of wagers on the Banker's Hand, Players Hand and Tie Hand.
(3) A phrase that states the payout odds for Tie Bets.
(4) Numbered areas that correspond to the seat numbers for the purpose of marking vigorish unless the dealer, in accordance with the option selected in the certificate holder's Rules Submission under § 521.2, collects the vigorish from a player at the time the winning payout is made.
(5) An area designated for the placement of cards for the Player's Hand and Banker's Hand.
* * * * *
CHAPTER 549. BLACKJACK § 549.12. Splitting pairs.
* * * * * (c) After a second card is dealt to each split pair hand, the dealer shall announce the point total of the hand and the player shall indicate his decision to stand, draw or double down with respect that hand. A Certificate holder shall specify in its Rules Submission required under § 521.2 (relating to table games Rules Submissions) the number of additional times a patron may split pairs, including aces.
(d) If the dealer obtains Blackjack after a player splits pairs, the dealer shall only collect the amount of the original wager of the player and may not collect the additional amount wagered in splitting pairs.
CHAPTER 565. THREE CARD POKER § 565.12. Payout odds; Envy Bonus; rate of progression; payout limitation.
* * * * * (k) If a certificate holder offers the Six Card Bonus Wager, the certificate holder shall pay out winning Six Card Bonus Wagers at the amounts contained in one of the following pay tables selected by the certificate holder in the certificate holder's Rules Submission filed in accordance with § 521.2:
Hand Payout A Payout B Payout C Royal Flush 1,000 to 1 1,000 to 1 1,000 to 1 Straight Flush 200 to 1 200 to 1 200 to 1 Four-of-a-Kind 50 to 1 100 to 1 100 to 1 Full House 25 to 1 20 to 1 20 to 1 Flush 20 to 1 15 to 1 15 to 1 Straight 10 to 1 9 to 1 10 to 1 Three-of-a-kind 5 to 1 8 to 1 7 to 1
CHAPTER 569. ULTIMATE TEXAS HOLD 'EM POKER § 569.11. Procedures for completion of each round of play; collection and payment of wagers.
(a) After the dealing procedures required under § 569.8, § 569.9 or § 569.10 (relating to procedure for dealing cards from a manual shoe; procedure for dealing cards from the hand; and procedure for dealing the cards from an automated dealing shoe) have been completed, each player shall examine his cards without exposing them to any other person and replace the cards face down on the layout. The dealer shall then, starting with the player farthest to his left and proceeding in a clockwise manner around the table, ask each player if the player wishes to place a Play Wager prior to the dealing of the Flop. The player may either check or place a Play Wager in an amount equal to three or four times the amount of the player's Ante Wager.
(1) If a player places a Play Wager, the wager shall be placed in the designated Play Wager betting area.
(2) If a player checks, the player shall remain in the game and defer his decision to place a Play Wager to the next betting opportunity.
* * * * *
[Pa.B. Doc. No. 11-40. Filed for public inspection January 7, 2011, 9:00 a.m.]
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