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COMMONWEALTH OF PENNSYLVANIA

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PA Bulletin, Doc. No. 06-1253b

[36 Pa.B. 3416]
[Saturday, July 1, 2006]

[Continued from previous Web Page]

§ 461.13. Wide area progressive systems.

   (a)  Two or more slot machine licensees may, with the prior written approval of the Board, operate linked progressive slot machines that are interconnected between participating licensed facilities. The slot machines participating in the link shall be collectively referred to as a wide area progressive system.

   (b)  A wide area progressive system shall at all times be installed and operated in accordance with the relevant requirements of the act, this subpart and technical standards adopted by the Board.

   (c)  Each wide area progressive system shall be operated and administered by participating slot machine licensees in accordance with the terms and conditions of a written agreement executed by the participating slot machine licensees and approved by the Board. The agreement shall be referred to as a slot system agreement. Slot system agreements must be approved in writing by the Board prior to implementation and comply with the act, this subpart and technical standards on wide area progressive systems adopted by the Board.

   (d)  Nothing herein prevents the slot machine licensees participating in a slot system agreement from delegating, in whole or in part, the operation and administration of a wide area progressive system to a licensed manufacturer provided that the slot system agreement is executed by the licensed manufacturer and its express terms are determined by the Board to be in compliance with the act, this subpart and technical standards on wide area progressive systems adopted by the Board. The person or persons designated in a slot system agreement as being responsible for the operation and administration of a wide area progressive system shall be referred to as the slot system operator.

   (e)  An agreement between a licensed manufacturer and a slot machine licensee under which a licensed manufacturer sells, leases or services a wide area progressive system will not constitute a slot service agreement unless the agreement also covers operation and administration of the wide area progressive system.

   (f)  Slot system agreements must address:

   (1)  Details with regard to the terms of compensation for the slot system operator. In specific, the agreement must address to what extent, if any, the slot system operator is receiving compensation based, directly or indirectly, on an interest, percentage or share of a slot machine licensee's revenue, profits or earnings from the operation of the wide area progressive system

   (2)  Responsibility for the funding and payment of all jackpots, fees and gross terminal revenue taxes associated with the operation of the wide area progressive system.

   (3)  Control and operation of the computer monitoring room required under this subpart.

   (4)  Other requirements requested by the Board, including those required to comply with technical standards on wide area progressive systems adopted by the Board.

   (g)  Each wide area progressive system shall be controlled and operated from a computer monitoring room approved by the Board. The computer monitoring room must:

   (1)  Be under the sole possession and control of, and maintained and operated by, employees of the slot system operator designated in the slot system agreement for that system. The employees shall be licensed or permitted as the Board deems appropriate based on an analysis of specific duties and responsibilities.

   (2)  Have its monitoring equipment subjected to surveillance coverage either by the surveillance system of a slot machine licensee participating in the slot system agreement or by a dedicated surveillance system maintained by the slot system operator. Surveillance coverage must be in accordance with technical standards adopted by the Board.

   (3)  Be accessible through a locked door. The door must be alarmed in a manner that audibly signals the surveillance monitoring room for the surveillance system elected under paragraph (2).

   (4)  Have a computer monitoring room entry log. The log must be:

   (i)  Kept in the computer monitoring room.

   (ii)  Maintained in a book with bound numbered pages that cannot be readily removed.

   (iii)  Signed by each person entering the computer monitoring room who is not an employee of the slot system operator expressly employed in the computer monitoring room on his assigned shift. Each entry must contain the following:

   (A)  The date and time of entering and exiting the room.

   (B)  The name, department or employer, when applicable, license number of the person entering and exiting the room and of the person authorizing the entry.

   (C)  The reason for entering the computer monitoring room.

   (5)  Reside within a licensed facility or other location approved by the Board.

   (h)  The Board may waive one or more of the requirements of this section or technical standard applicable to wide area progressive system adopted by the Board upon a determination that the nonconforming wide area progressive system nonetheless meets the operational integrity requirements of the act, this subpart and technical standards adopted by the Board.

§ 461.14. Slot monitoring systems.

   (a)  A slot monitoring system is 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 slot machines, inclusive of slot machine meter readings, error conditions, slot machine security, accounting, player tracking and productivity analysis.

   (b)  A slot monitoring system must comply with the act, this subpart and technical standards on slot monitoring systems adopted by the Board.

   (c)  A slot machine licensee is prohibited from utilizing a slot monitoring system which has not had any interface between it and slot machines and related systems tested and approved by the Board under § 461.4 (relating to submission for testing and approval).

   (d)  The Board may waive one or more of the requirements of this section or technical standards applicable to slot monitoring systems adopted by the Board upon a determination that the slot monitoring system as configured nonetheless meets the operational integrity requirements of the act, this subpart and technical standards adopted by the Board.

§ 461.15. Casino management systems.

   (a)  A casino management system is the collective hardware, software, communications technology and other ancillary equipment used to collect, monitor, interpret, analyze, report and audit data with regard to activity at slot machines, inclusive of slot machine level accounting transactions, player tracking and productivity analysis.

   (b)  A casino management system must comply with the act, this subpart and technical standards on casino management systems adopted by the Board.

   (c)  A slot machine licensee is prohibited from utilizing a casino management system which has not had any interface between it and slot machines and related systems tested and approved by the Board under § 461.4 (relating to submission for testing and approval).

   (d)  The Board may waive one or more of the requirements of this section or technical standards applicable to casino management systems adopted by the Board upon a determination that the casino management system as configured nonetheless meets the operational integrity requirements of the act, this subpart and technical standards adopted by the Board.

§ 461.16. Player tracking systems.

   (a)  A player tracking system is the collective hardware, software, communications technology and other ancillary equipment used to collect, monitor, interpret, analyze, authorize, report and audit data with regard to player activity at slot machines. Player activity may be tracked generally or on an individual player basis.

   (b)  A player tracking system must comply with the act, this subpart and technical standards on player tracking systems adopted by the Board.

   (c)  A slot machine licensee is prohibited from utilizing a player tracking system which has not had any interface between it and slot machines and related systems tested and approved by the Board under § 461.4 (relating to submission for testing and approval).

   (d)  The Board may waive one or more of the requirements of this section or technical standards applicable to player tracking systems adopted by the Board upon a determination that the player tracking system as configured nonetheless meets the operational integrity requirements of the act, this subpart and technical standards adopted by the Board.

§ 461.17. External bonusing systems.

   (a)  An external bonusing system is the collective hardware, software, communications technology and other ancillary equipment used in conjunction with slot machines to deliver randomly selected player incentives (bonus awards)  to active slot machine players and to effect the accurate metering of the bonus award event on the slot machine.

   (b)  The combination of the slot machine theoretical payout percentage plus the bonus awards generated by an external bonusing system cannot equal or exceed 100% of the theoretical payout for a slot machine on which the external bonus award is available.

   (c)  A slot machine must satisfy the minimum theoretical payout percentage required under this subpart without the contribution of any external bonus award available on the slot machine.

   (d)  An external bonusing system must comply with the act, this subpart and technical standards on external bonusing systems adopted by the Board.

   (e)  A slot machine licensee is prohibited from utilizing an external bonusing system which has not been tested and approved by the Board under § 461.4 (relating to submission for testing and approval).

   (f)  The Board may waive one or more of the requirement of this section or technical standards applicable to external bonusing systems adopted by the Board upon a determination that the external bonusing system as configured nonetheless meets the operational integrity requirements of the act, this subpart and technical standards adopted by the Board.

§ 461.18. Cashless funds transfer systems.

   (a)  A cashless funds transfer system is the collective hardware, software, communications technology and other ancillary equipment used to facilitate the electronic transfer of cashable or noncashable credits to a patron at a slot machine in connection with a promotional program.

   (b)  A cashless funds transfer system must comply with the act, this subpart and technical standards on cashless funds transfer systems adopted by the Board.

   (c)  A slot machine licensee is prohibited from utilizing a cashless funds transfer system which has not been tested and approved by the Board under § 461.4 (relating to submission for testing and approval).

   (d)  Prior to utilizing a cashless funds transfer system, each slot machine licensee shall establish a system of internal controls applicable to the cashless funds transfer system. The internal controls shall be submitted to and approved by the Board under § 465.3 (relating to internal control systems and audit protocols). The internal control procedures submitted by the slot machine licensee must address the integrity, security and control of its cashless funds transfer system and include the following:

   (1)  An overview of the system design.

   (2)  System access controls and restrictions.

   (3)  Override policies and restrictions.

   (6)  Backup and recovery procedures.

   (7)  Logical and physical access controls and restrictions.

   (8)  Network security.

   (9)  Procedures for handling customer disputes.

   (e)  Each transfer of electronic credits to a slot machine under this section shall be initiated by a patron using an access control approved by the Board. Access controls must require the use of a unique access code for each patron. The access code shall be selected by and only available to the patron.

   (f)  A record of each transfer of electronic credits to a slot machine under this section shall be maintained by the slot machine licensee and be identified by, at a minimum, the date, time and the asset number of the slot machine to which the transfer occurred and an identification number assigned to the patron who initiated the transaction. The identification number assigned to each patron for the purposes of this section must be different from the unique access code selected by that patron as part of an access control.

   (g)  On at least a monthly basis, each slot machine licensee using a cashless funds transfer system shall provide a statement to each patron who has participated in the system that month. The statement must include, at a minimum, the patron's beginning monthly balance, credits earned, credits transferred to a slot machine under this section and the patron's monthly ending balance. With the written authorization of the patron, the mailing of a monthly statement may be omitted or be issued electronically to the patron. Notwithstanding the foregoing, a monthly statement is not required for transfers of temporary electronic credits or transfers of electronic credits from a temporary anonymous account.

   (h)  A slot machine licensee shall notice the Board's Slot Lab in writing of any adjustment to the amount of any credit transferred to a slot machine by means of a cashless funds transfer system. The notice shall be made on or before the date of adjustment.

   (i)  The Board may waive one or more of the requirements of this section or technical standards applicable to cashless funds transfer systems adopted by the Board upon a determination that the nonconforming cashless funds transfer system nonetheless meets the operational integrity requirements of the act, this subpart and technical standards adopted by the Board.

§ 461.19. 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 slot machine licensee's slot monitoring system, casino management system, player tracking system, external bonusing system, cashless funds transfer system, wide area progressive system, gaming voucher system or other Board approved system from a remote location.

   (b)  Remote system access shall be performed in accordance with any technical standards on remote system access adopted by the Board.

   (c)  A slot machine licensee authorizing access to a system by a licensed manufacturer under this section shall be responsible for implementing a system of access protocols and other controls over the physical integrity of any system and any remote access process sufficient to insure appropriately limited access to software and the system wide reliability of data.

§ 461.20. Server supported slot systems.

   (a)  The following terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise:

   Server supported slot machine--A slot machine connected to, and administered by, a server supported slot system.

   Slot machine server--A computer configured to receive, store, authenticate and download to server supported slot machines Board-approved slot machine games and other approved software. A slot machine server may also be used to effect changes in a server supported slot machine's configuration.

   Server supported slot system--A system comprised of one or more server supported slot machines connected to a slot machine server and its ancillary computer network for the ultimate purpose of downloading Board-approved slot machine games and other approved software to server supported slot machines. Results from the play or operation of a server supported slot machine connected to a server supported slot system must be determined solely by the individual slot machine and not by the slot machine server or other ancillary computer network.

   (b)  A server supported slot system, and server supported slot machines to which it is connected, must comply with the act, this subpart and technical standards on server supported slot systems, slot machine servers and server supported slot machines adopted by the Board.

   (c)  A slot machine licensee is prohibited from utilizing a server supported slot system which has not been tested and approved by the Board under § 461.4 (relating to submission for testing and approval).

   (d)  Prior to utilizing a server supported slot system, each slot machine licensee shall establish a system of internal controls applicable to a server supported slot system. The internal controls shall be submitted to and approved by the Board under § 465.3 (relating to internal control systems and audit protocols). The internal control procedures submitted by the slot machine licensee must address the integrity, security and control of its server supported slot system.

   (e)  The Board may waive one or more of the requirements of this section or technical standards applicable to server supported slot systems, slot machine servers and server supported slot machines adopted by the Board upon a determination that the nonconforming server supported slot system, slot machine server or server supported slot machine nonetheless meets the operational integrity requirements of the act, this subpart and technical standards adopted by the Board.

§ 461.21. Server based slot systems.

   (a)  The following terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise:

   Server based slot machine--A slot machine accessing a server based slot system.

   Slot machine server--A computer configured to receive, store and authenticate Board-approved slot machine games and other approved software.

   Server based slot system--A system comprised of one or more server based slot machines connected to a slot machine server and its ancillary computer network for the ultimate purpose of facilitating access by a server based slot machine to Board-approved slot machine games and other approved software residing on the slot machine server. Results from the play or operation of a server based slot machine must be determined solely by the slot machine server and not by the individual slot machine.

   (b)  A server based slot system, and any server based slot machines accessing the system, must comply with the act, this subpart and technical standards on server based slot systems, slot machine servers and server based slot machines adopted by the Board.

   (c)  A slot machine licensee is prohibited from utilizing a server based slot system which has not been tested and approved by the Board under § 461.4 (relating to submission for testing and approval).

   (d)  Prior to utilizing a server based slot system, each slot machine licensee shall establish a system of internal controls applicable to a server based slot system. The internal controls shall be submitted to and approved by the Board under § 465.3 (relating to internal control systems and audit protocols). The internal control procedures submitted by the slot machine licensee must address the integrity, security and control of its server based slot system.

   (e)  The Board may waive one or more of the requirements of this section or technical standards applicable to server based slot systems, slot machine servers and server based slot machines adopted by the Board upon a determination that the nonconforming server based slot system, slot machine server or server based slot machine nonetheless meets the operational integrity requirements of the act, this subpart and technical standards adopted by the Board.

CHAPTER 465. ACCOUNTING AND INTERNAL CONTROLS

§ 465.12. Slot machine licensee's organization.

   (a)  Each slot machine licensee's system of internal controls must, in accordance with section 1322 of the act (relating to slot machine accounting controls and audits)  and § 465.3 (relating to internal control systems and audit protocols), include organization charts depicting appropriate segregation of functions and responsibilities and descriptions of the duties and responsibilities for each position shown on each organization chart. Each slot machine licensee shall be permitted, except as otherwise provided in this section, to tailor its organizational structure to meet the needs or policies of its own particular management philosophy. The proposed organizational structure of each slot machine licensee shall be approved by the Board in the absence of a conflict between the organizational structure and the following criteria. The criteria are designed to maintain the integrity of the slot machine operation. Each slot machine licensee's organization charts must provide for:

   (1)  A system of personnel and chain of command which permits management and supervisory personnel to be held accountable for actions or omissions within their areas of responsibility.

   (2)  The segregation of incompatible functions, duties and responsibilities so that no employee is in a position both to commit an error or to perpetrate a fraud and to conceal the error or fraud in the normal course of his or her duties.

   (3)  The performance of all functions, duties and responsibilities in accordance with sound financial practices by competent, qualified personnel.

   (4)  The areas of responsibility which are not so extensive as to be impractical for one person to monitor.

   (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, including the direct or indirect supervisor of the departments required by subsection (b), 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. The slot machine licensee's organization charts must designate which positions, in the absence of the chief executive officer, shall be designated as having responsibility for the daily conduct of the slot machine licensee's gaming business.

   (b)  In addition to satisfying the requirements of subsection (a), each slot machine licensee's system of internal controls must include, at a minimum, the following departments and supervisory positions, each of which shall be categorized as mandatory and cooperate with, yet perform independently of, all other mandatory departments and supervisory positions of the slot machine licensee. Notwithstanding the foregoing, a department or supervisor of a slot machine licensee that is not required or authorized by this section may operate under or in conjunction with a mandatory department or supervisor provided the organizational structure is consistent with the standards contained within the act and subsection (a). Mandatory departments and supervisory positions are as follows:

   (1)  A surveillance department supervised by a person located at the licensed facility who functions, for regulatory purposes, as the director of surveillance. The director of surveillance shall be subject to the reporting requirements specified in subsection (c)  and shall be licensed as a key employee. The surveillance department shall be responsible for the following:

   (i)  The clandestine surveillance of the operation of, and gaming conducted at, slot machines.

   (ii)  The clandestine surveillance of the operation of automated bill breaker, gaming voucher, coupon redemption and jackpot payout machines.

   (iii)  The clandestine surveillance of the operation of the cashiers' cage and any satellite cage.

   (iv)  The audio and video recording of activities in the count room in conformance with 18 Pa.C.S. §§ 5701--5781 (relating to Wiretapping and Electronic Surveillance Control Act), and the video recording of movements of cash and slot cash storage boxes.

   (v)  The detection of cheating, theft, embezzlement and other illegal activities within the licensed facility.

   (vi)  The detection of the presence of any person who is required to be excluded or ejected from the licensed facility under section 1514 of the act (relating to regulation requiring exclusion of certain persons), who may be excluded or ejected from the licensed facility under section 1515 of the act (relating to repeat offenders excludable from the gaming floor and licensed gaming facilities)  or is self excluded from the gaming floor and gaming activities at all licensed facilities under section 1516 of the act (relating to list of persons self-excluded from gaming activities).

   (vii)  The video recording of those locations, persons, ac- tivities or transactions required under § 465.10(e)  (relating to surveillance system; surveillance department control; surveillance department restrictions)  and of any illegal and unusual activities monitored by the surveillance department.

   (viii)  The provision of immediate notice to appropriate supervisors, the Bureau and the Pennsylvania State Police upon detecting, and also upon commencing video recording of, any person who is engaging in or attempting to engage in, or who is reasonably suspected of cheating, theft, embezzlement or other illegal activities, including any person who is required to be excluded or ejected from the licensed facility under section 1514 of the act, who may be excluded or ejected from the licensed facility under section 1515 of the act or is self excluded from the gaming floor and gaming activities at all licensed facilities under section 1516 of the act.

   (ix)  The clandestine surveillance of any slot computer system or equipment designated for coverage by the Board in conjunction with the approval of a slot machine system, including a slot monitoring system, casino management system, wide area progressive system, gaming voucher system and any communication equipment with the central control computer.

   (2)  An internal audit department supervised by a person located at the licensed facility who functions, for regulatory purposes, as the director of internal audit. The director of internal audit shall be subject to the reporting requirements specified in subsection (c)  and shall be licensed as a key employee.

   (3)  An information technology department supervised by a person located at the licensed facility who functions, for regulatory purposes, as the information technology director. The information technology director shall be licensed as a key employee and be responsible for the quality, reliability and accuracy of the slot computer systems used by the slot machine licensee regardless of whether data, software or systems are located within or outside the licensed facility. The information technology director shall further be responsible for the security and physical integrity of, and the accountability and maintenance of, the following:

   (i)  Access codes and other security controls used to insure appropriately limited access to computer software and the system wide reliability of data.

   (ii)  Computer tapes, disks or other electronic storage media containing data relevant to the slot machine licensee's operations.

   (iii)  Computer hardware, communications equipment and software used in the conduct of the slot machine licensee's operations.

   (iv)  The computerized slot monitoring system utilized by the slot machine licensee. Specifically, the information technology director shall ensure that:

   (A)  Each slot machine located on the gaming floor is connected electronically to the slot machine licensee's computerized slot monitoring system and to the Commonwealth's central control computer in accordance with section 1323 (relating to central control computer system).

   (B)  The security features of the computerized slot monitoring system prohibit, at a minimum, the deletion, creation or modification of any data unless a permanent record is created that sets forth:

   (I)  The original information.

   (II)  Any modification to the original information.

   (III)  The identity of the employee making the modification.

   (VI)  If applicable, the identity of each employee authorizing the modification.

   (C)  Any computerized jackpot payout system utilized by the slot machine licensee is configured to require that any modification of $100 or more to the original amount recorded on a computerized jackpot payout or system override is authorized by two slot accounting department employees, one of whom is in a position of greater authority than the individual preparing the jackpot payout.

   (D)  Procedures and controls are in place that define and limit interaction between both the slot operations department and slot accounting department and the computerized slot monitoring system including access to system menus, the establishment of slot machine profile parameters, and the ability of each department to access, delete, create or modify information contained in the slot monitoring system.

   (4)  A slot operations department supervised by a person located at the licensed facility who functions, for regulatory purposes, as the director of slot operations. The director of slot operations shall be licensed as a key employee and be responsible for the operation of, and conduct of gaming at, slot machines within the licensed facility.

   (5)  A security department supervised by a person located at the licensed facility who functions, for regulatory purposes, as the director of security. The security department shall be licensed as a key employee and be responsible for the overall security of the licensed facility including the following:

   (i)  The physical safety of natural persons.

   (ii)  The physical safeguarding of assets.

   (iii)  The protection of the property of both the patron and the slot machine licensee from illegal activity.

   (iv)  In collaboration with the human resources department or its functional equivalent, the design, implementation and enforcement of a system for the issuance of access badges.

   (v)  The design, implementation and enforcement of a system for the issuance of temporary access credentials.

   (vi)  The recording of any unusual incidents within the licensed facility in which the security department is involved. Each incident shall be recorded by security department personnel in a book with bound numbered pages that cannot be readily removed or be maintained in an electronic format that the Board approves. The log shall be stored and retained in accordance with § 465.7 (relating to retention, storage and destruction of books, records and documents). The following information shall be recorded:

   (1)  The assignment number.

   (2)  The date and time.

   (3)  The nature of the incident.

   (4)  The persons involved in the incident.

   (5)  The security department employees assigned to cover the incident.

   (vii)  The identification and removal of any person who is required to be excluded or ejected from the licensed facility under section 1514 of the act, who may be excluded or ejected from the licensed facility under section 1515 of the act or is self excluded from the gaming floor and gaming activities at all licensed facilities under section 1516 of the act.

   (viii)  The performance of all duties and responsibilities required under the system of internal controls submitted and approved under § 465.3.

   (ix)  Providing immediate notice to the Pennsylvania State Police upon detecting the presence in the licensed facility of a person possessing a firearm or handgun in violation of § 465.14 (relating to firearms; possession within a licensed facility).

   (6)  A slot accounting department supervised by a person located at the licensed facility who functions, for regulatory purposes, as the director of slot accounting. The director of slot accounting shall be licensed as a key employee and be responsible for all slot accounting functions including the preparation and control of records and data, the control of stored data, the control of unused forms, the accounting for and comparison of operational data and forms, and the control and supervision of the cashiers' cage, any satellite cage and the count room. In addition to the requirement that the director of slot accounting be licensed as a key employee, the supervisor of the cashiers' cage shall, on all shifts, be licensed as a key employee.

   (c)  The supervisors of the surveillance and internal audit departments required by subsection (b)  shall comply with the following reporting requirements:

   (1)  Each supervisor shall report directly to the chief executive officer of the slot machine licensee regarding administrative matters and daily operations. However, a slot machine licensee may allow each of these supervisors to report directly to a management executive of the licensee other than the chief executive officer if that executive reports directly to the chief executive officer.

   (2)  Each supervisor shall report directly to one of the following persons or entities regarding matters of policy, purpose, responsibility and authority, which persons or entities shall also control the hiring, termination and salary of each supervisor:

   (i)  The independent audit committee of the slot machine licensee's board of directors.

   (ii)  The independent audit committee of the board of directors of any holding or intermediary company of the slot machine licensee which has authority to direct the operations of the slot machine licensee.

   (iii)  The senior surveillance or internal audit executives of any holding or intermediate company included in subparagraph (ii)  if the most senior executive in the reporting line reports directly to the independent audit committee of the board of directors of the holding or intermediary company.

   (iv)  For slot machine licensees or holding companies which are not corporate entities, the noncorporate equivalent of any of the persons or entities listed in subparagraphs (i)--(iii).

   (d)  The slot machine licensee's personnel shall be trained in all policies, procedures and internal controls relevant to each employee's individual function. Special instructional programs shall be developed by the slot machine licensee in addition to any on-the-job instruction sufficient to enable all members of the departments required by this section to be thoroughly conversant in, and knowledgeable of, the required manner of performance of all transactions relating to their functions.

   (e)  Notwithstanding any other provision to the contrary, a slot machine licensee may, with the prior approval of the Board, designate and assign more than one person to serve jointly as the supervisor of a department required by this section. Each person approved to serve as a joint supervisor of such a department shall be located at the licensed facility and shall be individually and jointly accountable and responsible for the operations of that department.

   (f)  In the event of a vacancy in the chief executive officer position or any mandatory department supervisory position required by subsection (b), the following apply:

   (1)  The slot machine licensee shall notify the Board within 5 days from the date of vacancy. The notice must be in writing and indicate the following information:

   (i)  The vacant position.

   (ii)  The date on which the position became vacant.

   (iii)  The date on which it is anticipated that the vacancy will be filled on a permanent basis.

   (2)  The slot machine licensee shall designate a person to assume the duties and responsibilities of the vacant position within 30 days after the date of vacancy. The person may assume the duties and responsibilities of the vacant position on a temporary basis, provided that:

   (i)  The person does not also function as the department supervisor for any other mandatory department required by this section.

   (ii)  The person's areas of responsibility will not be so extensive as to be impractical for one person to monitor.

   (iii)  The position shall be filled on a permanent basis within 120 days of the original date of vacancy.

   (3)  Within 5 days of filling any vacancy under paragraph (2), the slot machine licensee shall notify the Board thereof. The notice must be in writing and indicate the following:

   (i)  The position.

   (ii)  The name of the person designated.

   (iii)  The date that the vacancy was filled.

   (iv)  An indication of whether the position has been filled on a temporary or permanent basis.

   (4)  The notices required by this subsection shall be directed to the Board's Bureau of Licensing.

§ 465.13. Access badges and temporary access credentials.

   (a)  Each slot machine licensee shall establish procedures, in writing, for readily and effectively identifying each person permitted, during the normal course of performing his duties, to have access to one or more restricted areas within the licensed facility.

   (1)  The procedures must include the requirement that persons wear, in a visible location, an access badge.

   (2)  The procedures must also include a methodology for updating the access badge procedures to reflect changes and amendments in the slot machine licensee's table of organization and the positions approved with respect thereto.

   (3)  The procedures must further include provisions expressly addressing access by employees of licensed manufacturers, licensed suppliers and registered and certified vendors.

   (b)  Each slot machine licensee shall also establish procedures, in writing, for readily and effectively identifying each person permitted, under temporary or emergency circumstances, to have access to one or more restricted areas within the licensed facility.

   (1)  The procedures must include the requirement that the persons wear, in a visible location, a temporary access credential.

   (2)  The procedures must also include a methodology for updating the temporary access credential procedures to reflect changes and amendments in the slot machine licensee's table of organization and the positions approved with respect thereto.

   (3)  The procedures must further include provisions expressly addressing temporary or emergency access by licensed manufacturers, licensed suppliers and registered and certified vendors.

   (c)  The procedures required in subsection (a)  are to be designed, implemented and enforced by the security department in collaboration with the human resources department or its functional equivalent. The procedures in subsection (b)  are to be designed, implemented and enforced by the security department. Procedures addressing both access badges and temporary credentials shall be retained in the security department and shall be made immediately available to the Board and the Pennsylvania State Police upon request. The slot machine licensee shall cooperate with the Board in making amendments to its procedures to improve the effectiveness of its access badge and temporary credential systems.

§ 465.14. Firearms; possession within a licensed facility.

   (a)  Individuals, including security department personnel, are prohibited from possessing any firearm or handgun within a licensed facility without the express written approval of the Board, in accordance with the authorization procedures as the Board determines, notwithstanding the following general prohibitions:

   (1)  Pennsylvania State Police assigned to its Gaming Enforcement Office may possess a firearm or handgun within the licensed facility.

   (2)  An on duty officer or agent of any local, State or Federal law enforcement agency having primary jurisdiction over the licensed facility may possess a firearm or handgun in all areas of the licensed facility except the gaming floor or restricted areas servicing the slot operations where that officer or agent is acting in his official capacity. Officers or agents possessing firearms or handguns within a licensed facility under this section shall notify the Board and the Pennsylvania State Police Gaming Enforcement Office of their presence in the licensed facility. Notification shall be made immediately upon entry into the licensed facility or prior to arrival at the licensed facility, if feasible. Notification is not required if exigent circumstances exist.

   (b)  A slot machine licensee may not employ off duty law enforcement officers to provide security related services on the gaming floor, in restricted areas within the licensed facility or in any manner in connection with the conduct of slot machine operations.

   (c)  To obtain approval for the possession of a firearm or handgun within a licensed facility, an individual shall be required to demonstrate to the Board that the individual:

   (1)  Has received an adequate course of training in the possession and use of the firearm or handgun.

   (2)  Is the holder of a valid license for the possession of the firearm or handgun.

   (3)  Has a compelling need for the possession of the firearm or handgun within the licensed facility.

   (d)  Each slot machine licensee shall cause to be posted in a conspicuous location at each entrance to the licensed facility signs that may be easily read stating: The possession by any person of any firearm or handgun within this licensed facility without the express written permission of the Pennsylvania Gaming Control Board is prohibited.

§ 465.15. Security department minimum staffing.

   In accordance with § 465.3(d)(5)  (relating to internal control systems and audit protocols), each slot machine licensee shall be required to submit, for Board approval, a minimum staffing submission with regard to its security department. The minimum staffing submission must consider the size and layout of the licensed facility as well as the number and configuration of slot machines on the gaming floor and must at all times provide for adequate and effective security of the gaming floor and any restricted areas servicing the gaming operation.

§ 465.16. Cashiers' cage.

   (a)  Each establishment shall have on, immediately adjacent or reasonably proximate to the gaming floor, a physical structure known as a cashiers' cage to house the cashiers and to serve as the central location in the licensed facility for:

   (1)  The custody of the cage inventory comprised of cash (currency or coin)  and the forms, documents, and records normally associated with the operation of a slot cage.

   (2)  The initial financial consolidation of all transactions relating to slot machine activity.

   (3)  Other functions normally associated with the operation of a cashiers' cage.

   (b)  The cashiers' cage must be designed and constructed to provide maximum security for the materials housed therein and the activities performed therein. The design and construction must include:

   (1)  Manually triggered silent alarm systems located at the cashiers' window, vault and in any ancillary office space adjacent or proximate thereto. The systems must be connected directly to the monitoring room of the surveillance department and to the security department.

   (2)  A double door entry and exit system that will not permit a person to pass through the second door until the first door is securely locked. In addition, the following apply:

   (i)  The first door leading from the gaming floor of the double door entry and exit system must be controlled by the security department, the surveillance department or, in the alternative, a Board-approved computerized access system designed and administered to provide a functionally equivalent level of security. The second door of the double door entry and exit system must be controlled by the cashiers' cage.

   (ii)  The system must have surveillance coverage which shall be monitored by the surveillance department.

   (iii)  Any entrance to the cashiers' cage that is not a double door entry and exit system shall be an alarmed emergency exit door only.

   (3)  Separate manual locks on each door of the double door entry and exit system, the keys to which shall be different from each other.

   (c)  Each establishment may also have one or more satellite cages separate and apart from the cashiers' cage, established to maximize security, efficient operations or patron convenience. A satellite cage may perform any of the functions of the cashiers' cage and must be equipped with an alarm system in compliance with subsection (b)(1). The functions which are conducted in a satellite cage shall be subject to the accounting controls applicable to a cashiers' cage set forth in this subpart.

   (d)  Each slot machine licensee shall maintain immediately available to the Board and the Pennsylvania State Police a current list, with license numbers, of all persons possessing the combination or keys to the locks securing the double door entry and exit system restricting access to the cashiers' cage and any satellite cage and the vault as well as a list of all persons possessing the ability to activate or deactivate alarm systems for the cashiers' cage, any satellite cage and vault.

§ 465.17. Accounting controls for the cashiers' cage.

   (a)  The assets for which slot cashiers are responsible shall be maintained on an imprest basis. At the end of each shift, slot cashiers assigned to the outgoing shift shall record on a cashiers' count sheet the face value of each cage inventory item counted and the total of the opening and closing cage inventories and shall reconcile the total closing inventory with the total opening inventory. Each cashiers' count sheet shall be signed by the preparing cashier attesting to the accuracy of the information thereon.

   (b)  At the opening of every shift, in addition to the imprest funds normally maintained by slot cashiers, each slot machine licensee shall have on hand in the cashiers' cage or readily available thereto, a reserve cash bankroll adequately funded to pay winning patrons.

   (c)  The cashiers' cage and any satellite cage shall be physically segregated by personnel and function as follows:

   (1)  Slot cashiers shall operate with individual imprest inventories of cash and their functions include the following:

   (i)  The receipt of cash and cash equivalents from patrons in exchange for cash.

   (ii)  The receipt of personal checks for gaming and nongaming purposes from patrons in exchange for cash, subject to limitations on the amount required by the Board.

   (iii)  The receipt of cash, cash equivalents, checks issued by the slot machine licensee, annuity jackpot checks, wire transfers and cashless funds transfers from patrons to establish a customer deposit.

   (iv)  The receipt of customer deposit forms from patrons in exchange for cash.

   (v)  The preparation of jackpot payout slips in accordance with this subpart and technical standards adopted by the Board.

   (vi)  The receipt of gaming vouchers from patrons, or from authorized employees who received gaming vouchers as gratuities, in exchange for cash.

   (vii)  The issuance, receipt and reconciliation of imprest funds used by slot attendants, including an imprest change/pouch payout fund.

   (viii)  The issuance of cash to automated bill breaker, gaming voucher, coupon redemption and jackpot payout machines in exchange for proper documentation.

   (2)  Main bank cashier functions include the following:

   (i)  The receipt of cash, cash equivalents, gaming vouchers, jackpot payout slips and personal checks received for gaming and nongaming purposes from slot cashiers in exchange for cash.

   (ii)  The receipt of cash from the count rooms.

   (iii)  The receipt of personal checks accepted for gaming and nongaming purposes from slot cashiers for deposit.

   (iv)  The preparation of the overall cage reconciliation and accounting records.

   (v)  The preparation of the daily bank deposit for cash, cash equivalents and personal checks.

   (vi)  The issuance, receipt and reconciliation of imprest funds used by slot attendants.

   (vii)  The receipt from slot cashiers of documentation with signatures thereon, required to be prepared for the effective segregation of functions in the cashiers' cage.

   (viii)  The responsibility for the reserve cash bankroll.

   (ix)  The receipt of unsecured currency and unsecured gaming vouchers and preparation of reports thereon.

   (d)  At the end of each gaming day a copy of the cashiers' count sheets and related documentation shall be forwarded to the accounting department for agreement of opening and closing inventories, agreement of amounts thereon to other forms, records and documents required by this subpart and recording of transactions.

§ 465.18. Bill validators and slot cash storage boxes.

   (a)  Each slot machine shall be equipped with a bill validator configured to accept any combination of currency, gaming vouchers, coupons and other instruments authorized by the Board for incrementing credits on a slot machine.

   (b)  Access to the bill validator shall be controlled by at least one lock, the key to which shall be controlled by the slot operations department.

   (c)  Each bill validator in a slot machine shall have contained in it a secure tamper resistant container known as a slot cash storage box in which shall be deposited all currency, gaming vouchers, coupons and Board-approved instruments inserted into the bill validator.

   (d)  The slot cash storage box shall be secured to the bill validator by two separate locks, the keys to which shall be different from each other, one of which may be the lock to the belly door or main door of the slot machine and a second of which is the lock on the release mechanism on the slot cash storage box. The key to the belly door or main door of the slot machine shall be maintained and controlled by the slot operations department. The key to the lock securing the release mechanism on the slot cash storage box shall be maintained and controlled by the security department. The security department shall establish a sign-out and sign-in procedure with regard to this key which includes documentation of this transfer.

   (e)  Each slot cash storage box must:

   (1)  Have at least one lock securing the contents of the slot cash storage box, the key to which shall be maintained and controlled by the slot accounting department.

   (2)  Have a slot opening through which currency, gaming vouchers and coupons can be inserted into the slot cash storage box.

   (3)  Have a mechanical arrangement or device that prohibits removal of currency, gaming vouchers and coupons from the slot opening whenever the slot cash storage box is removed from the bill validator.

   (4)  Be fully enclosed, except for openings that may be required for the operation of the bill validator or the slot cash storage box. However, the location and size of the openings may not affect the security of the slot cash storage box, its contents or the bill validator, and shall be approved by the Board.

   (5)  Have an asset number that is permanently imprinted, affixed or impressed on the outside of the slot cash storage box which corresponds to the asset number of the slot machine to which the bill validator has been attached. In lieu of the asset number, a slot machine licensee may develop and maintain, with prior Board approval, a system for assigning a unique identification number to its slot cash storage boxes. The system must ensure that each slot cash storage box can readily be identified, either manually or by computer, when in use with, attached to, and removed from a particular bill validator. Each unique identification number must be permanently imprinted, affixed or impressed on the outside of each slot cash storage box that does not otherwise bear an asset number. The asset number or unique identification number must be conspicuous and clearly visible to persons involved in removing or replacing the slot cash storage box in the bill validator and through the slot machine licensee's surveillance system. Notwithstanding the foregoing, emergency slot cash storage boxes may be maintained without the unique numbers, provided the word emergency is permanently imprinted, affixed or impressed thereon, and when put into use, are temporarily marked with the asset number of the slot machine to which the bill validator is attached.

   (6)  Be designed and installed in a manner that renders the slot machine inoperable in the event of the removal or absence of the slot cash storage box.

§ 465.19. Transportation of slot cash storage boxes to and from bill validators; storage.

   (a)  Each slot machine licensee shall place on file with the Board, in the manner prescribed by the Board, a schedule setting forth the specific times at which slot cash storage boxes will be brought to or removed from the bill validators along with specifications as to what areas of the gaming floor will be dropped on each pick-up day and the specific transportation route to be utilized from the gaming floor to the count room. Each slot machine licensee shall also maintain immediately available to the Board and the Pennsylvania State Police, a current list, with license numbers, of the employees participating in the transportation of slot cash storage boxes. Any deviation from the schedule setting forth the specific times at which slot cash storage boxes will be brought to or removed from the bill validators, a change in the areas to be dropped or the transportation route to the count room shall be noticed to the Board in advance in a manner prescribed by the Board.

   (b)  Slot cash storage boxes removed from bill validators shall be transported directly to, and secured in, the count room or a trolley storage area located immediately adjacent thereto, configured and secured in a manner approved by the Board, by a minimum of three employees, at least one of which is a member of the security department and at least one of which is a member of the slot accounting department.

   (1)  Upon its removal from a bill validator, a slot cash storage box shall be placed immediately in an enclosed trolley which is secured by two separately keyed locks. The key to one lock shall be maintained and controlled by the slot accounting department. The key to the second lock shall be maintained and controlled by the security department. Access to the security department's key shall be controlled, at a minimum, by a sign-out and sign-in procedure. The security department key shall be returned to its secure location immediately upon the completion of the collection and transportation of the slot cash storage boxes.

   (2)  Prior to the movement of any trolley containing slot cash storage boxes from the gaming floor into the count room, the drop team supervisor shall verify that the number of slot cash storage boxes being transported from the gaming floor equals the number of slot cash storage boxes scheduled to be collected that day.

   (3)  A slot cash storage box being replaced by an emergency slot cash storage box shall be transported to, and secured in, the count room by a minimum of three employees, at least one of which is a member of the slot accounting department and at least one of which is a member of the security department.

   (c)  Slot cash storage boxes not contained in a bill validator, including emergency slot cash storage boxes which are not actively in use, shall be stored in the count room or other secure area outside the count room approved by the Board, in an enclosed storage cabinet or trolley and secured in the cabinet or trolley by a separately keyed, double locking system. The key to one lock shall be maintained and controlled by the slot accounting department and the key to the second lock shall be maintained and controlled by a security department. Access to the security department's key shall be limited to a supervisor of that department.

   (d)  Notwithstanding subsection (b), the security department may, immediately prior to the commencement of the count process, issue its key to the storage cabinet or trolley to a count room supervisor for the purpose of allowing count room personnel to gain access to the slot cash storage boxes to be counted. Any key transferred from the custody of the security department to the count room supervisor shall be returned immediately following the conclusion of the count of the slot cash storage boxes and the return of any empty emergency drop boxes and slot cash storage boxes to their respective storage cabinet or trolley by the count room supervisor. The security department shall establish a sign-out and sign-in procedure which includes documentation of this transfer.

§ 465.20. Acceptance of tips or gratuities from patrons.

   A key employee or gaming employee who serves in a supervisory position is prohibited from soliciting or accepting, and no other gaming employee may solicit, any tip or gratuity from any patron of the slot machine licensee where he is employed. The slot machine licensee may not permit any practices prohibited by this section.

CHAPTER 466. SLOT COMPUTER SYSTEMS

Sec.

466.1.Slot computer systems generally.

§ 466.1. Slot computer systems generally.

   (a)  All aspects of a slot machine licensee's slot computer system shall be located within the licensed facility unless otherwise approved by the Board in accordance with technical standards adopted by the Board.

   (b)  For the purposes of this section, a slot computer system must include all aspects of a computer system which the act, this subpart or technical standards adopted by the Board either require or permit to be utilized by a slot machine licensee in the conduct of, or monitoring of, slot machine operations including hardware, software and network interfaces used in connection with the operation of a slot monitoring system, casino management system, player tracking system, external bonusing system, cashless funds transfer system and gaming voucher system. However, a slot computer system will not be construed to include the following:

   (1)  A slot machine or bill validator.

   (2)  A wide area progressive slot system.

   (3)  Other computer systems or applications that the Board determines are not slot computer systems.

   (c)  The Board may waive one or more of the requirements of this section or technical standard applicable to slot computer systems adopted by the Board upon a determination that the nonconforming system protocols nonetheless meet the integrity requirements of the act, this subpart and technical standard adopted by the Board.

[Pa.B. Doc. No. 06-1253. Filed for public inspection June 30, 2006, 9:00 a.m.]



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