CHAPTER 803a. INTERACTIVE GAMING OPERATORS Sec.
803a.1. Interactive gaming operator requirements.
803a.2. Interactive gaming operator application and standards.
803a.3. Interactive gaming license term and renewal.
803a.4. Interactive gaming operator change of control.Authority The provisions of this Chapter 803a added under 4 Pa.C.S. § § 1202(b)(30) and 13B02, unless otherwise noted.
Source The provisions of this Chapter 803a added August 27, 2021, effective August 28, 2021, 51 Pa.B. 5389, unless noted otherwise.
Cross References This section cited in 58 Pa. Code § 830a.6 (relating to licensure requirements).
§ 803a.1. Interactive gaming operator requirements.
A person seeking to operate interactive gaming or an interactive gaming system on behalf of an interactive gaming certificate holder in this Commonwealth may apply with the Board for an interactive gaming license.
§ 803a.2. Interactive gaming operator application and standards.
An applicant for an interactive gaming license shall submit all of the following:
(1) An Entity Enterprise Application and Disclosure Information Form unless otherwise directed by the Board.
(2) The nonrefundable application fee posted on the Board’s web site.
(3) A diversity plan as set forth in section 1325(b) of the act (relating to license or permit issuance) and Chapter 481a (relating to diversity).
(4) An application from every key employee under this chapter and principal under Chapter 433a (relating to principal licenses) as specified by the Entity Enterprise Application and Disclosure Information Form.
§ 803a.3. Interactive gaming license term and renewal.
(a) An interactive gaming license and the renewal thereof is valid for 5 years from the date of approval of the application by the Board.
(b) A renewal application for an interactive gaming license shall be filed at least 6 months prior to the expiration of the current license.
(c) An interactive gaming license for which a completed renewal application and fee has been received by the Board will continue in effect until acted upon by the Board.
§ 803a.4. Interactive gaming operator change of control.
(a) For purposes of this section, a change of control of an interactive gaming operator will be deemed to have occurred when a person or group of persons acquires:
(1) More than 20% of an interactive gaming operator’s securities, assets or other ownership interests.
(2) More than 20% of the securities or other ownership interests of a corporation or other form of business entity that owns directly or indirectly at least 20% of the voting or other securities or other ownership interests of the interactive gaming operator.
(3) Any other interest in an interactive gaming operator which allows the acquirer to control the interactive gaming operator.
(b) An interactive gaming operator shall notify the Bureau and the Bureau of Licensing by filing a Notification of Proposed Transfer of Interest Form immediately upon becoming aware of any proposed or contemplated change of control of the interactive gaming operator.
(c) Prior to acquiring a controlling interest in an interactive gaming operator, the acquirer shall file a petition in accordance with § 493a.4 (relating to petitions generally) requesting Board approval of the acquisition. The petition must include all of the following:
(1) A copy of all documents governing the acquisition.
(2) Completed applications for the acquiring company, as required under this chapter, principals as required under § 808a.2 (relating to interactive gaming principals) and key employees as required under § 808a.3 (relating to interactive key employees).
(d) A person or group of persons seeking to acquire a controlling interest in an interactive gaming operator shall promptly provide any additional information requested by the Board and Board staff and cooperate with the Bureau in any investigations related to the petition filed under subsection (c).
(e) A person or group of persons may not acquire a controlling interest in an interactive gaming operator until the petition required under subsection (c) has been approved. A person or group of persons seeking to acquire a controlling interest in an interactive gaming operator and the interactive gaming operator may enter into an agreement of sale that is contingent on Board approval of the petition.
(f) The requirements in this section do not apply to the acquisition of a controlling interest in an interactive gaming operator when all of the following conditions are met:
(1) The acquirer is an existing licensed slot machine, table game or interactive gaming operator.
(2) The existing licensed interactive gaming operator has provided the Bureau and the Bureau of Licensing notification and a copy of all documents governing the acquisition at least 60 days prior to the acquisition.
(3) After reviewing the documentation, the Bureau and the Bureau of Licensing determine that the filing of a petition is not required.
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