CHAPTER 613a. GAMING RELATED GAMING SERVICE PROVIDERS Sec.
613a.1. Definitions; general requirements.
613a.2. Gaming related gaming service provider certification applications.
613a.3. Qualification of individuals and entities.
613a.4. Certification term and renewal.
613a.5. Certified gaming related gaming service provider responsibilities.
613a.6. Gaming related gaming service provider list.
613a.7. Requirements for use of a gaming related gaming service provider.
613a.8. Permission to conduct business prior to certification.
613a.9. Certificate holders’ duty to investigate.Authority The provisions of this Chapter 613a issued under 4 Pa.C.S. § § 13A02(1) and (2), 13A41, 1317.2, 1319 and 1319.1, unless otherwise noted.
Source The provisions of this Chapter 613a adopted July 6, 2012, effective July 7, 2012, 42 Pa.B. 4305, unless otherwise noted. (Incorrect version published at 42 Pa.B. 2675 (May 12, 2012). Office of Attorney General notice rescinding approval published at 42 Pa.B. 3595 (June 23, 2012).)
Cross References This chapter cited in 58 Pa. Code § 441a.12 (relating to maintaining agreements; filing of agreements).
§ 613a.1. Definitions; general requirements.
(a) Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Gaming related gaming service provider—A gaming service provider that provides a gaming related service, is the owner of a patent or has a patent pending for a gaming related service.
Gaming related service—A new game, wager, game variation, side bet or similar innovation relating to a table game.(b) Certification. A person seeking to provide a gaming related service to a certificate holder shall apply to the Board for certification as a gaming related gaming service provider.
Cross References This section cited in 58 Pa. Code § 461a.4 (relating to submission for testing and approval); and 58 Pa. Code § 613a.8 (relating to permission to conduct business prior to certification).
§ 613a.2. Gaming related gaming service provider certification applications.
(a) A gaming related gaming service provider seeking certification shall submit:
(1) An original and one copy of a Gaming Related Gaming Service Provider Certification Application and Disclosure Information Form.
(2) The nonrefundable application fee posted on the Board’s web site at www.pgcb.pa.gov.
(3) Applications and release authorizations for each individual required to be qualified under § 613a.3 (relating to qualification of individuals and entities).
(4) A written statement from a certificate holder, stating that the certificate holder intends to do business with the gaming related gaming service provider for the purpose of utilizing a gaming related service.
(b) In addition to the materials required under subsection (a), an applicant for gaming related gaming service provider certification shall:
(1) Promptly provide information requested by the Board relating to its application and cooperate with the Board in investigations, hearings, and enforcement and disciplinary actions.
(2) Comply with the general application requirements in Chapters 421a and 423a (relating to general provisions; and applications).
(c) A gaming related gaming service provider certification will not be issued until all fees and costs, including any Bureau of Gaming Laboratory Operations costs incurred in the review of the proposed gaming related service, have been paid.
Cross References This section cited in 58 Pa. Code § 613a.7 (relating to requirements for use of a gaming related gaming service provider); and 58 Pa. Code § 613a.8 (relating to permission to conduct business prior to certification).
§ 613a.3. Qualification of individuals and entities.
(a) The following individuals are required to submit a Pennsylvania Personal History Disclosure Form and be found qualified by the Board:
(1) Each officer and director of a certified gaming related gaming service provider or applicant for gaming related gaming service provider certification. For the purposes of this paragraph, the term ‘‘officer’’ means a president, chief executive officer, a chief financial officer and a chief operating officer and any person routinely performing corresponding functions with respect to an organization whether incorporated or unincorporated.
(2) Each individual who has a direct or indirect ownership or beneficial interest of 10% or more in the certified gaming related gaming service provider or applicant for gaming related gaming service provider certification. A certified gaming related gaming service provider or applicant for gaming related gaming service provider certification shall provide information or documentation requested by the Board necessary to determine compliance with this paragraph.
(3) Each salesperson of a certified gaming related gaming service provider or applicant for gaming related gaming service provider certification who solicits or will be soliciting business from, or has regular contact with, any representatives of a certificate holder.
(b) Each entity that directly owns 20% or more of the voting securities of a certified gaming related gaming service provider or applicant for gaming related gaming service provider certification shall be required to file a Gaming Service Provider Certification Form—Private Holding Company with the Board and be found qualified by the Board.
(c) The following persons may be required to submit a Gaming Service Provider Certification Form—Private Holding Company or a Pennsylvania Personal History Disclosure Form and be found qualified by the Board if the Board determines that the qualification of the person is necessary to protect the public interest or to enhance the integrity of gaming in this Commonwealth:
(1) An intermediary or holding company of a certified gaming related gaming service provider or applicant for gaming related gaming service provider certification not otherwise required to be qualified.
(2) An officer or director of an intermediary or holding company of a certified gaming related gaming service provider or applicant for gaming related gaming service provider certification.
(3) An employee of a certified gaming related gaming service provider or applicant for gaming related gaming service provider certification.
(4) A person who holds any direct or indirect ownership or beneficial interest in a certified gaming related gaming service provider or applicant for gaming related gaming service provider certification, or has the right to any profits or distribution, directly or indirectly, from the certified gaming related gaming service provider or applicant for gaming related gaming service provider certification.
(5) A trustee of a trust that is required to be found qualified under this section.
(d) The Bureau of Licensing may issue a temporary credential to an individual who is required to be qualified by the Board under this section if:
(1) The individual’s presence in the licensed facility is needed.
(2) The company with which the individual is associated is on the Authorized Gaming Related Gaming Service Provider List.
(e) The Bureau of Licensing will issue a permanent credential to an individual who has been found qualified under this section if the gaming related gaming service provider has been certified.
Cross References This section cited in 58 Pa. Code § 613a.2 (relating to gaming related gaming service provider certification applications).
§ 613a.4. Certification term and renewal.
(a) Gaming related gaming service provider certifications, and renewals issued under this chapter will be valid for 4 years from the date of Board approval.
(b) A certified gaming related gaming service provider shall submit to the Board a completed renewal application and fee, as posted on the Board’s web site, at least 60 days prior to the expiration of a certification.
(c) A certification for which a completed renewal application and fee has been received by the Board will continue in effect until the Board sends written notification to the holder of the certification that the Board has approved or denied the certification.
§ 613a.5. Certified gaming related gaming service provider responsibilities.
A holder of a gaming related gaming service provider certification shall have a continuing duty to:
(1) Provide information requested by the Board relating to licensing or regulation; cooperate with the Board in investigations, hearings, and enforcement and disciplinary actions; and comply with conditions, restrictions, requirements, orders and rulings of the Board in accordance with the act.
(2) Report a change in circumstances that may render the holder of a gaming related gaming service provider certification ineligible, unqualified or unsuitable to hold a certification under the standards and requirements of the act and of this part.
§ 613a.6. Gaming related gaming service provider list.
The Board will maintain and post on its web site a list of gaming related gaming service providers that are certified and have had their gaming related service reviewed by the Bureau of Gaming Laboratory Operations.
§ 613a.7. Requirements for use of a gaming related gaming service provider.
Prior to use of a gaming related service by a certificate holder the following must occur:
(1) The gaming related gaming service provider providing the gaming related service must submit its gaming related service to the Bureau of Gaming Laboratory Operations for review in accordance with § 461a.4 (relating to submission for testing and approval).
(2) The gaming related gaming service provider shall pay all Bureau of Gaming Laboratory Operations costs incurred in the review of the proposed gaming related service.
(3) The certificate holder shall make a written request to the Board’s Executive Director and receive written approval for use of the new gaming related service in accordance with § 601a.3 (relating to request to offer a new table game or new feature for an existing table game).
(4) The gaming related gaming service provider shall pay the certification fee required under § 613a.2(a)(2) (relating to gaming related gaming service provider certification applications) and will either receive written authorization from the Bureau of Licensing to conduct business prior to certification or be certified.
Cross References This section cited in 58 Pa. Code § 613a.8 (relating to permission to conduct business prior to certification).
§ 613a.8. Permission to conduct business prior to certification.
(a) Notwithstanding § 613a.1 (relating to definitions; general requirements), the Bureau of Licensing may authorize an applicant for gaming related gaming service provider certification to conduct business with a certificate holder prior to the certification of the gaming related gaming service provider if the following criteria are met:
(1) A completed Gaming Related Gaming Service Provider Certification Application and Disclosure Information Form has been filed in accordance with § 613a.2 (relating to gaming related gaming service provider certification applications) and passed a preliminary review.
(2) The certificate holder certifies that it has performed due diligence on the gaming related gaming service provider.
(3) The applicant for gaming related gaming service provider certification agrees, in writing, that the grant of permission to conduct business prior to certification does not create a right to continue to conduct business and that the Bureau of Licensing may rescind, at any time, the authorization granted under this section, with or without prior notice to the applicant, if the Bureau of Licensing is informed that the suitability of the applicant may be at issue or the applicant fails to cooperate in the application or investigatory process.
(4) The gaming related gaming service provider and the certificate holder have satisfied the requirements in § 613a.7 (relating to requirements for use of a gaming related gaming service provider).
(5) The gaming related gaming service provider has passed a preliminary review of its criminal history.
(b) If the Office of Enforcement Counsel issues a Notice of Recommendation for Denial to an applicant for gaming related gaming service provider certification, the Bureau of Licensing may rescind the permission granted to the applicant for gaming related gaming service provider certification to conduct business with a certificate holder under subsection (a). If the permission is rescinded:
(1) The applicant for gaming related gaming service provider certification shall cease conducting business with the certificate holder by the date specified in the notice of the rescission under subsection (c).
(2) The certificate holder shall cease utilizing the gaming related service from the applicant for gaming related gaming service provider certification by the date specified in the notice of the rescission under subsection (c).
(c) The Bureau of Licensing will notify the applicant for gaming related gaming service provider certification and the certificate holder by registered mail that permission to conduct business with the certificate holder, as authorized under subsection (a), has been rescinded and that the certificate holder shall cease conducting business with the applicant for gaming related gaming service provider certification by the date specified in the notice.
§ 613a.9. Certificate holders’ duty to investigate.
(a) A certificate holder shall investigate the background and qualifications of the applicants for gaming related gaming service provider certification with whom it intends to have a contractual relationship or enter into an agreement.
(b) A certificate holder shall have an affirmative duty to avoid agreements or relationships with persons applying for gaming related gaming service provider certification whose background or association is injurious to the public health, safety, morals, good order and general welfare of the people of this Commonwealth, or who threaten the integrity of gaming in this Commonwealth.
(c) A certificate holder shall have a duty to inform the Board of an action by an applicant for or holder of a gaming related gaming service provider certification which the certificate holder believes would constitute a violation of the act or this part.
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