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| PRIOR PRINTER'S NO. 1326 | PRINTER'S NO. 1481 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY TOMLINSON, MELLOW, COSTA, FONTANA, LEACH, BOSCOLA, MUSTO, STOUT, TARTAGLIONE, KITCHEN AND HUGHES, JULY 17, 2009 |
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| SENATOR EARLL, COMMUNITY, ECONOMIC AND RECREATIONAL DEVELOPMENT, RE-REPORTED AS AMENDED, OCTOBER 8, 2009 |
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| AN ACT |
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1 | Amending Title 4 (Amusements) of the Pennsylvania Consolidated | <-- |
2 | Statutes, further providing for legislative intent, for |
3 | definitions, for Pennsylvania Gaming Control Board |
4 | established, for general and specific powers of the |
5 | Pennsylvania Gaming Control Board, for licensed gaming entity |
6 | application appeals from board, for regulatory authority of |
7 | board, for collection of fees and fines, for reports of |
8 | board, for authorized slot machine licenses, for additional |
9 | Category 1 slot machine license requirements, for |
10 | applications for license or permit, for supplier licenses, |
11 | for manufacturer licenses, for occupation permit |
12 | applications, for alternative manufacturer licensing |
13 | standards and for additional licenses and permits and |
14 | approval of agreement; providing for table games; and further |
15 | providing for slot machine licensee deposits, for transfers |
16 | from State Gaming Fund, for responsibility and authority of |
17 | Department of Revenue, for wagering on credit, for no eminent |
18 | domain authority, for compulsive and problem gambling |
19 | program, for political influence, for investigations and |
20 | enforcement, for prohibited acts and penalties and for |
21 | interception of oral communications. |
22 | Amending Title 4 (Amusements) of the Pennsylvania Consolidated | <-- |
23 | Statutes, further providing for legislative intent, for |
24 | definitions, for Pennsylvania Gaming Control Board |
25 | established, for general and specific powers, for licensed |
26 | gaming entity application appeals from board, for regulatory |
27 | authority of board, for collection of fees and fines, |
28 | forfeiture, for number of slot machines, for reports of |
29 | board, for diversity goals of board; providing for specific |
30 | authority to suspend slot machine license; further providing |
31 | for Category 3 slot machine license, for manufacturer |
32 | licenses; providing for alternative supplier licensing |
33 | standards and for gaming service provider; further providing |
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1 | for occupation permit application, for alternative |
2 | manufacturer licensing standards, for additional licenses and |
3 | permits and approval of agreements; providing for table |
4 | games; further providing for slot machine licensee deposits, |
5 | for establishment of State Gaming Fund and net slot machine |
6 | revenue distribution, for distributions from Pennsylvania |
7 | Race Horse Development Fund, for transfers from State Gaming |
8 | Fund, for responsibility and authority of department, for |
9 | wagering on credit, for eminent domain authority, for |
10 | compulsive and problem gambling program, for labor hiring |
11 | preferences, for declaration of exemption from Federal laws |
12 | prohibiting slot machines, for political influence, for |
13 | regulation requiring exclusion of certain persons, for |
14 | investigations and enforcement, for prohibited acts and |
15 | penalties; providing for report of suspicious transactions; |
16 | further providing for liquor licenses at licensed facilities, |
17 | for interception of oral communications; providing for |
18 | electronic funds transfer terminals, for junkets, for gaming |
19 | schools, for first class city casino community improvement |
20 | district; and making a transfer. |
21 | The General Assembly of the Commonwealth of Pennsylvania |
22 | hereby enacts as follows: |
23 | Section 1. Section 1102(11) of Title 4 of the Pennsylvania | <-- |
24 | Consolidated Statutes is amended and the section is amended by |
25 | adding paragraphs to read: |
26 | § 1102. Legislative intent. |
27 | The General Assembly recognizes the following public policy |
28 | purposes and declares that the following objectives of the |
29 | Commonwealth are to be served by this part: |
30 | * * * |
31 | (2.1) The legalization of the operation of table games |
32 | as authorized in this part is intended to supplement slot |
33 | machine gaming by increasing revenues to the Commonwealth and |
34 | providing new employment opportunities by creating a demand |
35 | for individuals to fill skilled positions related to the |
36 | operation of table games at licensed facilities in this |
37 | Commonwealth. |
38 | * * * |
39 | (11) It is necessary to maintain the integrity of the |
40 | regulatory control and legislative oversight over the |
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1 | operation of slot machines and the conduct of table games in |
2 | this Commonwealth; to prevent the actual or appearance of |
3 | corruption that may result from [large] campaign |
4 | contributions; ensure the bipartisan administration of this |
5 | part; and avoid actions that may erode public confidence in |
6 | the system of representative government. |
7 | (12) It is the intent of the General Assembly to |
8 | authorize the operation of slot machines and table games |
9 | under a single slot machine license issued to a slot machine |
10 | licensee under this part. Nothing in this part shall be |
11 | construed: |
12 | (i) To create a separate license governing the |
13 | operation of table games. |
14 | (ii) To permit the continuation of the conduct of |
15 | slot machine gaming if a slot machine license is |
16 | suspended or revoked based on a violation of this part |
17 | arising out of a slot machine licensee's table game |
18 | operation. |
19 | (iii) To permit the continuation of the conduct of |
20 | table gaming if a slot machine license is suspended or |
21 | revoked based on a violation of this part arising out of |
22 | a slot machine licensee's slot machine operation. |
23 | Section 2. The definitions of "associated equipment," |
24 | "cheat," "conduct of gaming," "gaming employee," "key employee," |
25 | "licensed facility," "manufacturer," "manufacturer license," |
26 | "slot machine license," "supplier" and "supplier license" in |
27 | section 1103 of Title 4 are amended and the section is amended |
28 | by adding definitions to read: |
29 | § 1103. Definitions. |
30 | The following words and phrases when used in this part shall |
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1 | have the meanings given to them in this section unless the |
2 | context clearly indicates otherwise: |
3 | * * * |
4 | "Associated equipment." Any equipment or mechanical, |
5 | electromechanical or electronic contrivance, component or |
6 | machine used in connection with slot machine or table gaming, |
7 | including linking devices which connect to progressive slot |
8 | machines or slot machines, replacement parts, equipment which |
9 | affects the proper reporting of gross revenue, computerized |
10 | systems for controlling and monitoring slot machines or table |
11 | games, including, but not limited to, the central control |
12 | computer for linking slot machines and devices for weighing or |
13 | counting money. |
14 | * * * |
15 | "Cash." United States currency and coin or foreign currency |
16 | and coin that have been exchanged for its equivalent in United |
17 | States currency and coin. |
18 | "Cash equivalent." An asset that is readily convertible to |
19 | cash, including, but not limited to, any of the following: |
20 | (1) Travelers checks. |
21 | (2) Certified checks, cashier's checks and money orders. |
22 | (3) Personal checks or drafts. |
23 | (4) Credit extended by the slot machine licensee, a |
24 | recognized credit card company or banking institution. |
25 | (5) Any other instrument that the Pennsylvania Gaming |
26 | Control Board deems a cash equivalent. Other than recognized |
27 | credit cards or credit extended by the table game certificate |
28 | holder, all instruments that constitute a cash equivalent |
29 | shall be made payable to the table game certificate holder, |
30 | to the bearer or to cash. An instrument made payable to a |
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1 | third party shall not be considered a cash equivalent and |
2 | shall be prohibited. |
3 | "Cash equivalent value." The monetary value that a table |
4 | game certificate holder shall assign to a jackpot or payout that |
5 | consists of merchandise or anything of value other than cash, |
6 | tokens, chips or plaques. The Pennsylvania Gaming Control Board |
7 | shall promulgate rules defining "cash equivalent value" in order |
8 | to assure fairness, uniformity and comparability of valuation of |
9 | jackpots and payoffs that include merchandise or anything of |
10 | value. |
11 | * * * |
12 | "Cheat." To alter without authorization the elements of |
13 | chance, method of selection or criteria which determine: |
14 | (1) The result of a slot machine game or table game. |
15 | (2) The amount or frequency of payment in a slot machine |
16 | game or table game. |
17 | (3) The value of a wagering instrument. |
18 | (4) The value of a wagering credit. |
19 | The term does not include altering for required maintenance and |
20 | repair of a slot machine or table game. |
21 | "Chip." A representation of value redeemable for cash only |
22 | issued by a slot machine licensee for use in playing a table |
23 | game at the licensed facility. All types of chips shall be |
24 | approved by the board prior to being used for play at a table |
25 | game at the licensed facility. |
26 | * * * |
27 | "Conduct of gaming." The licensed placement and operation of |
28 | games of skill or chance under this part, as authorized and |
29 | approved by the Pennsylvania Gaming Control Board at a licensed |
30 | facility. |
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1 | * * * |
2 | "Count room." The room designated for counting, wrapping and |
3 | recording of a slot machine licensee's slot machine and table |
4 | game receipts. |
5 | * * * |
6 | "Gaming employee." Any employee of a slot machine licensee, |
7 | including, but not limited to: |
8 | (1) Cashiers. |
9 | (2) Change personnel. |
10 | (3) [Counting] Count room personnel. |
11 | (4) Slot attendants. |
12 | (5) Hosts or other persons authorized to extend |
13 | complimentary services. |
14 | (6) Machine mechanics [or], computer machine technicians |
15 | or table game device technicians. |
16 | (7) Security personnel. |
17 | (8) Surveillance personnel. |
18 | (9) Supervisors and managers. |
19 | (10) Boxmen. |
20 | (11) Dealers or croupiers. |
21 | (12) Floormen. |
22 | The term includes employees of a person holding a supplier's |
23 | license whose duties are directly involved with the repair or |
24 | distribution of slot machines, table game devices and associated |
25 | equipment sold or provided to the licensed facility within this |
26 | Commonwealth as determined by the Pennsylvania Gaming Control |
27 | Board. The term does not include bartenders, cocktail servers or |
28 | other persons engaged solely in preparing or serving food or |
29 | beverages, clerical or secretarial personnel, parking |
30 | attendants, janitorial, stage, sound and light technicians and |
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1 | other nongaming personnel as determined by the board. |
2 | "Gaming school." Any educational institution approved by the |
3 | the Department of Education as a regionally accredited college |
4 | or university, community college, Pennsylvania private licensed |
5 | school or its equivalent, approved by the Pennsylvania Gaming |
6 | Control Board in consultation with the Department of Education, |
7 | to offer a curriculum designed to provide education and training |
8 | related to employment opportunities associated with slot |
9 | machines or table games, including slot machine or table gaming |
10 | maintenance and repair. |
11 | "Gross poker revenue." The total amount of the rake |
12 | collected by a slot machine licensee each day. |
13 | "Gross table game revenue." The total of: |
14 | (1) Cash or cash equivalent wagers received in the |
15 | playing of a table game minus the total of: |
16 | (i) Cash or cash equivalents paid out to patrons as |
17 | a result of playing a table game. |
18 | (ii) Cash paid to purchase annuities to fund prizes |
19 | payable to patrons over a period of time as a result of |
20 | playing a table game. |
21 | (iii) Any personal property distributed to a patron |
22 | as a result of playing a table game. This does not |
23 | include travel expenses, food, refreshments, lodging or |
24 | other complimentary services. |
25 | (2) Gross poker revenue. |
26 | The term does not include counterfeit money, plaques or chips; |
27 | coins or currency of other countries received in the playing of |
28 | a table game, except to the extent that they are readily |
29 | convertible to United States currency; cash taken in a |
30 | fraudulent act perpetrated against a slot machine licensee for |
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1 | which the licensee is not reimbursed; or cash received as entry |
2 | fees for contests or tournaments in which patrons compete for |
3 | prizes, where no profit is made by the licensee. |
4 | * * * |
5 | "Key employee." Any individual who is employed in a director |
6 | or department head capacity and who is empowered to make |
7 | discretionary decisions that regulate slot machine or table game |
8 | operations, including the general manager and assistant manager |
9 | of the licensed facility, director of slot operations, director |
10 | of table games, pit bosses, shift bosses, credit supervisors, |
11 | cashier supervisors, table game managers and assistant managers, |
12 | director of cage and/or credit operations, director of |
13 | surveillance, director of marketing, director of management |
14 | information systems, director of security, comptroller and any |
15 | employee who supervises the operations of these departments or |
16 | to whom these department directors or department heads report |
17 | and such other positions which the Pennsylvania Gaming Control |
18 | Board shall determine based on detailed analyses of job |
19 | descriptions as provided in the internal controls of the |
20 | licensee as approved by the Pennsylvania Gaming Control Board. |
21 | All other gaming employees unless otherwise designated by the |
22 | Pennsylvania Gaming Control Board shall be classified as non-key |
23 | employees. |
24 | * * * |
25 | "Licensed facility." The physical land-based location at |
26 | which a licensed gaming entity is authorized to place and |
27 | operate slot machines and, if authorized by the Pennsylvania |
28 | Gaming Control Board for purposes of conducting table games |
29 | under Chapter 13A (relating to table games), table games. The |
30 | term includes any area of a licensed racetrack previously |
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1 | authorized pursuant to section 1207(17) (relating to regulatory |
2 | authority of board) to operate slot machines and any area of a |
3 | hotel which the Pennsylvania Gaming Control Board determines is |
4 | suitable for the conduct and operation of authorized table |
5 | games. |
6 | * * * |
7 | "Manufacturer." A person who manufactures, builds, rebuilds, |
8 | fabricates, assembles, produces, programs, designs or otherwise |
9 | makes modifications to any slot machine, table game or |
10 | associated equipment for use or play of slot machines or table |
11 | game devices in this Commonwealth for gaming purposes. |
12 | "Manufacturer license." A license issued by the Pennsylvania |
13 | Gaming Control Board authorizing a manufacturer to manufacture |
14 | or produce slot machines, table game devices or associated |
15 | equipment for use in this Commonwealth for gaming purposes. |
16 | * * * |
17 | "Rake." The total amount of gaming chips, gaming plaques or |
18 | coins collected by a dealer as poker revenue. |
19 | * * * |
20 | "Slot machine license." A license issued by the Pennsylvania |
21 | Gaming Control Board authorizing a person to place and operate |
22 | slot machines and, if the licensee holds a table game operation |
23 | certificate, table games, pursuant to this part and the rules |
24 | and regulations under this part. |
25 | * * * |
26 | "Supplier." A person that sells, leases, offers or otherwise |
27 | provides, distributes or services any slot machine, table game |
28 | devices or associated equipment for use or play of slot machines |
29 | or table games in this Commonwealth. |
30 | "Supplier license." A license issued by the Pennsylvania |
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1 | Gaming Control Board authorizing a supplier to provide products |
2 | or services related to slot machines, table games devices or |
3 | associated equipment to slot machine licensees. |
4 | * * * |
5 | "Table game." Any banking, nonbanking or percentage game |
6 | played with cards, dice, tiles or any mechanical, electronic, |
7 | computerized or electric device used to play a table game for |
8 | money, checks, credit or any representation of value. The term |
9 | includes roulette, baccarat, blackjack, poker, craps, big six |
10 | wheel, mini-baccarat, red dog, pai gow, casino war, asia poker, |
11 | Boston 5 stud poker, Caribbean stud poker, Colorado hold 'em |
12 | poker, double attack blackjack, double cross poker, double down |
13 | stud poker, fast action hold 'em, flop poker, four card poker, |
14 | let it ride poker, mini-craps, mini-dice, pai gow poker, |
15 | pokette, Spanish 21, Texas hold 'em bonus poker, three card |
16 | poker, two card joker poker, ultimate Texas hold 'em, winner's |
17 | pot poker and sic bo and any other games approved by the |
18 | Pennsylvania Gaming Control Board. The term includes any new |
19 | games and variations or composites of approved games, provided |
20 | that the Pennsylvania Gaming Control Board determines that the |
21 | new game, or any variations or composites or other approved |
22 | games are suitable for use after an appropriate test or |
23 | experimental period under such terms and conditions as the |
24 | Pennsylvania Gaming Control Board may deem appropriate, and any |
25 | other game which the Pennsylvania Gaming Control Board |
26 | determines to be suitable for use in a licensed facility after |
27 | an appropriate test or experimental period as the Pennsylvania |
28 | Gaming Control Board may deem appropriate. The term shall also |
29 | include any table game authorized for use in a licensed facility |
30 | that is used for gaming contests or tournaments in which players |
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1 | compete against one another. The term shall not include: |
2 | (1) Lottery games of the Pennsylvania State Lottery as |
3 | authorized under the act of August 26, 1971 (P.L.351, No.91), |
4 | known as the State Lottery Law. |
5 | (2) Bingo as authorized under the act of July 10, 1981 |
6 | (P.L.214, No.67), known as the Bingo Law. |
7 | (3) Pari-mutuel betting on the outcome of thoroughbred |
8 | or harness horse racing as authorized under the act of |
9 | December 17, 1981 (P.L.435, No.135), known as the Race Horse |
10 | Industry Reform Act. |
11 | (4) Small games of chance as authorized under the act of |
12 | December 19, 1988 (P.L.1262, No.156), known as the Local |
13 | Option Small Games of Chance Act. |
14 | (5) Slot machine gaming and progressive slot machine |
15 | gaming as defined and authorized under this part. |
16 | "Table game device." Includes tables, cards, dice, chips, |
17 | shufflers, tiles, dominoes, wheel, drop boxes or any mechanical |
18 | or electrical contrivance, terminal, machine or other device |
19 | approved by the Pennsylvania Gaming Control Board and used in |
20 | operation of or connection with a table game. |
21 | "Table game operation certificate." A certificate issued by |
22 | the Pennsylvania Gaming Control Board that certifies that the |
23 | table gaming operation of a licensed facility conforms to the |
24 | requirements of this part and that authorizes a slot machine |
25 | licensee to conduct table gaming in accordance with this part. |
26 | * * * |
27 | Section 3. Section 1201(h)(11) of Title 4 is amended to |
28 | read: |
29 | § 1201. Pennsylvania Gaming Control Board established. |
30 | * * * |
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1 | (h) Qualifications and restrictions.-- |
2 | * * * |
3 | (11) No member, employee or independent contractor of |
4 | the board shall accept a complimentary service, wager or be |
5 | paid any prize from any wager at any licensed facility within |
6 | this Commonwealth or at any other facility outside this |
7 | Commonwealth which is owned or operated by a licensed gaming |
8 | entity or any of its affiliates, intermediaries, subsidiaries |
9 | or holding companies thereof for the duration of their term |
10 | of office, employment or contract with the board and for a |
11 | period of one year from the termination of term of office, |
12 | employment or contract with the board. The provisions of this |
13 | paragraph shall not apply [to] when the employees [who] |
14 | utilize slot machines, table games or table game devices for |
15 | testing purposes or to verify the performance of a machine or |
16 | table game as part of an enforcement investigation. |
17 | * * * |
18 | Section 4. Section 1202(a)(1) and (b)(20), (23) and (27) of |
19 | Title 4 are amended and subsection (b) is amended by adding |
20 | paragraphs to read: |
21 | § 1202. General and specific powers. |
22 | (a) General powers.-- |
23 | (1) The board shall have general and sole regulatory |
24 | authority over the conduct of gaming or related activities as |
25 | described in this part. The board shall ensure the integrity |
26 | of the acquisition and operation of slot machines, table game |
27 | devices and associated equipment and shall have sole |
28 | regulatory authority over every aspect of the authorization |
29 | and operation of slot machines and table games. |
30 | * * * |
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1 | (b) Specific powers.--The board shall have the specific |
2 | power and duty: |
3 | * * * |
4 | (12.1) To issue, approve, renew, revoke, suspend, |
5 | condition or deny issuance or renewal of a table game |
6 | operation certificate to a slot machine licensee in |
7 | accordance with Chapter 13A (relating to table games). |
8 | * * * |
9 | (20) In addition to the power of the board regarding |
10 | license and permit applicants, to determine at its discretion |
11 | the suitability of any person who furnishes or seeks to |
12 | furnish to a slot machine licensee directly or indirectly any |
13 | services or property related to slot machines, table games or |
14 | associated equipment or through any arrangements under which |
15 | that person receives payment based directly or indirectly on |
16 | earnings, profits or receipts from the slot machines, table |
17 | games and associated equipment. The board may require any |
18 | such person to comply with the requirements of this part and |
19 | the regulations of the board and may prohibit the person from |
20 | furnishing the services or property. |
21 | * * * |
22 | (23) The board shall not issue or renew a license or |
23 | permit unless it is satisfied that the applicant is a person |
24 | of good character, honesty and integrity and is a person |
25 | whose prior activities, criminal record, if any, reputation, |
26 | habits and associations do not pose a threat to the public |
27 | interest or the effective regulation and control of slot |
28 | machine or table game operations or create or enhance the |
29 | danger of unsuitable, unfair or illegal practices, methods |
30 | and activities in the conduct of slot machine or table game |
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1 | operations or the carrying on of the business and financial |
2 | arrangements incidental thereto. |
3 | * * * |
4 | (27) To publish each January in the Pennsylvania |
5 | Bulletin and on the board's Internet website a complete list |
6 | of all persons or entities who applied for or held a slot |
7 | machine license, table game operation certificate, |
8 | manufacturer license, supplier license or racetrack license |
9 | at any time during the preceding calendar year and all |
10 | affiliates, intermediaries, subsidiaries and holding |
11 | companies thereof and the status of the application or |
12 | license. |
13 | (27.1) To publish each January in the Pennsylvania |
14 | Bulletin and on the Pennsylvania Gaming Control Board's |
15 | Internet website a complete list of all slot machine |
16 | licensees who filed a petition seeking authorization to |
17 | conduct a table game operation or who held a table game |
18 | operation certificate at any time during the preceding |
19 | calendar year and the status of the petition or certificate |
20 | of operation. |
21 | * * * |
22 | Section 5. Sections 1204, 1207(7), (8) and (14), 1208(1), |
23 | 1211(a), 1301, 1303(a), (c) and (d) and 1308(a) of Title 4 are |
24 | amended to read: |
25 | § 1204. Licensed gaming entity application appeals from board. |
26 | The Supreme Court of Pennsylvania shall be vested with |
27 | exclusive appellate jurisdiction to consider appeals of any |
28 | final order, determination or decision of the board involving |
29 | the approval, issuance, denial or conditioning of a slot machine |
30 | license or table game operation certificate. Notwithstanding the |
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1 | provisions of 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial |
2 | review of Commonwealth agency action) and 42 Pa.C.S. § 763 |
3 | (relating to direct appeals from government agencies), the |
4 | Supreme Court shall affirm all final orders, determinations or |
5 | decisions of the board involving the approval, issuance, denial |
6 | or conditioning of a slot machine license or table game |
7 | operation certificate unless it shall find that the board |
8 | committed an error of law or that the order, determination or |
9 | decision of the board was arbitrary and there was a capricious |
10 | disregard of the evidence. |
11 | § 1207. Regulatory authority of board. |
12 | The board shall have the power and its duties shall be to: |
13 | * * * |
14 | (7) Enforce prescribed hours for the operation of slot |
15 | machines and table games so that slot machine licensees may |
16 | operate slot machines and table games on any day during the |
17 | year in order to meet the needs of patrons or to meet |
18 | competition. |
19 | (8) Require that each licensed gaming entity prohibit |
20 | persons under 21 years of age from operating or using slot |
21 | machines or playing table games. |
22 | * * * |
23 | (14) Consult with members of the Pennsylvania State |
24 | Police, the Office of Attorney General, the department and |
25 | such other persons it deems necessary for advice regarding |
26 | the various aspects of the powers and duties imposed on it |
27 | under this part and its jurisdiction over the authorization |
28 | and operation of slot machines, table games and licensed |
29 | facilities. |
30 | * * * |
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1 | § 1208. Collection of fees and fines. |
2 | The board has the following powers and duties: |
3 | (1) To levy and collect fees from the various |
4 | applicants, licensees and permittees to fund the operations |
5 | of the board. The fees shall be deposited into the State |
6 | Gaming Fund as established in section 1403 (relating to |
7 | establishment of State Gaming Fund and net slot machine |
8 | revenue distribution) and distributed to the board upon |
9 | appropriation by the General Assembly. In addition to the |
10 | fees set forth in sections 1209 (relating to slot machine |
11 | license fee) and 1305 (relating to Category 3 slot machine |
12 | license), the board shall assess and collect fees as follows: |
13 | (i) Supplier licensees shall pay a fee of $25,000 |
14 | upon the issuance of a license [and $10,000 for the |
15 | annual renewal of a supplier license]. Upon approval by |
16 | the board for authority to supply table games, table game |
17 | devices or other equipment associated with table games, |
18 | the supplier licensee shall pay an additional fee of |
19 | $25,000. A fee of $15,000 shall be paid for the annual |
20 | renewal of a supplier license. |
21 | (ii) Manufacturer licensees shall pay a fee of |
22 | $50,000 upon the issuance of a license [and $25,000 for |
23 | the annual renewal of a manufacturer license]. Upon |
24 | approval of the board for authority to manufacture table |
25 | games, table game devices or other equipment associated |
26 | with table games for use in this Commonwealth, the |
27 | manufacturer license shall pay an additional fee of |
28 | $50,000. The manufacturer licensee shall pay an annual |
29 | fee of $30,000 for the annual renewal of a manufacturer |
30 | license. |
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1 | (iii) Each application for a slot machine license, |
2 | supplier license or manufacturer license must be |
3 | accompanied by a nonrefundable fee set by the board for |
4 | the cost of each individual requiring a background |
5 | investigation. The reasonable and necessary costs and |
6 | expenses incurred in any background investigation or |
7 | other investigation or proceeding concerning any |
8 | applicant, licensee, permittee or registrant shall be |
9 | reimbursed to the board by those persons. |
10 | * * * |
11 | § 1211. Reports of board. |
12 | (a) Report of board.--Eighteen months after the effective |
13 | date of this part and every year on that date thereafter, the |
14 | board shall issue a report to the Governor and each member of |
15 | the General Assembly on the general operation of the board and |
16 | each slot machine licensee's performance, including, but not |
17 | limited to, number and win per slot machine and total gross |
18 | table game revenue at each licensed [facilities] facility during |
19 | the previous year, all taxes, fees, fines and other revenues |
20 | collected and, where appropriate, disbursed, the costs of |
21 | operation of the board, all hearings conducted and the results |
22 | of the hearings and other information that the board deems |
23 | necessary and appropriate. |
24 | * * * |
25 | § 1301. Authorized slot machine licenses. |
26 | There shall be three distinct classifications of slot machine |
27 | licenses, designated by category, each permitting a licensed |
28 | racing entity or person to apply for a qualifying license |
29 | category and, upon issuance by the board in its discretion, to |
30 | place and operate slot machines and, if not prohibited under |
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1 | Chapter 13A (relating to table games), table games at a licensed |
2 | facility. Except for conditional Category 1 license applications |
3 | pursuant to section 1315 (relating to conditional Category 1 |
4 | licenses), it is mandatory that the board shall consider, |
5 | approve, condition or deny the approval of all initial |
6 | applications for each and every category of slot machine |
7 | licenses collectively and together, in a comprehensive Statewide |
8 | manner, within 12 months following the time set by the board at |
9 | which all applications are to be filed and deemed complete by |
10 | the board. The board shall approve, condition or deny the |
11 | issuance of a slot machine license of any category within the |
12 | time period provided for herein. Following approval of an |
13 | application for a slot machine license, the applicant shall |
14 | provide formal notification to the board as soon as: |
15 | (1) it fulfills all required conditions for issuance of |
16 | the license; and |
17 | (2) the board's decision approving the application is a |
18 | final, binding, nonappealable determination which is not |
19 | subject to a pending legal challenge. |
20 | Upon receipt of such formal notification and upon conducting any |
21 | necessary verification, the board shall issue a slot machine |
22 | license to the applicant. |
23 | § 1303. Additional Category 1 slot machine license |
24 | requirements. |
25 | (a) Eligibility.--In addition to the criteria prescribed in |
26 | section 1302 (relating to Category 1 slot machine license) and |
27 | the requirement to file a petition to seek authorization to |
28 | operate table games under Chapter 13A (relating to table games), |
29 | an applicant for a Category 1 slot machine license shall be |
30 | eligible for a slot machine license to place and operate slot |
|
1 | machines at a licensed facility only if the applicant meets one |
2 | of the following criteria: |
3 | (1) the licensed racing entity or its predecessor owner |
4 | of the licensed racetrack has conducted live horse races for |
5 | not less than two years immediately preceding the effective |
6 | date of this part; or |
7 | (2) the licensed racing entity has not previously |
8 | conducted live racing at a racetrack but will conduct live |
9 | racing for a minimum of 150 days to begin in the year which |
10 | begins two years following the issuance of its slot machine |
11 | license for the racetrack unless the appropriate commission |
12 | determines, upon application, that it is not practically |
13 | feasible for the licensed racing entity to conduct live |
14 | racing for a minimum of 150 days due to projected or actual |
15 | weather conditions. Failure to meet the required minimum |
16 | number of days will result in immediate suspension of the |
17 | slot machine license. |
18 | * * * |
19 | (c) Limitations.--The issuance of a Category 1 slot machine |
20 | license shall entitle the licensee to operate slot machines and, |
21 | if authorized, table games only within the grounds of a licensed |
22 | racetrack. |
23 | (d) Authorization.--Authorization for a Category 1 slot |
24 | machine licensee to continue the operation of slot machines and, |
25 | if authorized, table games shall be limited to those licensees |
26 | that: |
27 | (1) Have a written live racing agreement with a |
28 | horsemen's organization representing a majority of owners and |
29 | trainers at the racetrack where the licensed racing entity |
30 | conducts live racing. |
|
1 | (2) Have 95% of the total number of horse or harness |
2 | racing days that were scheduled in 1986 by it or its |
3 | predecessor at the racetrack where the Category 1 slot |
4 | machine licensee conducts live racing, and the aggregate |
5 | number of live racing days at the racetrack where the |
6 | Category 1 slot machine licensee conducts live racing shall |
7 | not be less than 95% of the total number of horse or harness |
8 | racing days that were scheduled in 1986 at that racetrack. A |
9 | new licensee which opens a new racetrack and which will |
10 | successfully conduct live racing for a minimum of 150 days to |
11 | begin no later than in the year which begins two years |
12 | following the issuance of its slot machine license for the |
13 | racetrack, unless the appropriate commission determines upon |
14 | application that it is not practically feasible for the |
15 | licensed racing entity to conduct live racing for a minimum |
16 | of 150 days due to projected or actual weather conditions, |
17 | shall be allowed to operate slot machines and, if authorized, |
18 | table games pursuant to a table game operation certificate, |
19 | from the date its slot machine license is issued and |
20 | intrastate and interstate simulcast in accordance with the |
21 | Race Horse Industry Reform Act, from the first day of the |
22 | calendar year in which it conducts live racing days. |
23 | (3) Unless the horsemen's organization representing a |
24 | majority of the owners and trainers consents to a lower |
25 | number of required racing days at the racetrack, subject to |
26 | actions or activities beyond the control of the licensee, |
27 | conduct not fewer than eight live races per race date during |
28 | each meet at the racetrack where the licensed racing entity |
29 | conducts live racing, except for thoroughbred tracks on the |
30 | day designated as a Breeder's Cup event day when the licensed |
|
1 | racing entity shall hold a minimum of five live races. The |
2 | Category 1 slot machine licensee shall not waive or modify |
3 | the provisions pertaining to the required number of racing |
4 | days under paragraph (2) and races per day scheduled in this |
5 | paragraph without the consent of the horsemen's organization |
6 | representing a majority of owners and trainers at the |
7 | racetrack. |
8 | (4) Notwithstanding the provisions of paragraph (1), in |
9 | the event that a written live racing agreement has not been |
10 | entered into, permission for any licensee to operate slot |
11 | machines and, if authorized, table games at racetracks shall |
12 | be granted provided that the Category 1 slot machine licensee |
13 | has continued to conduct live racing in accordance with |
14 | paragraphs (2) and (3) and keeps its racetrack open to the |
15 | general population of owners, trainers and horses stabled |
16 | there for training and stabling on a regular basis, when it |
17 | is normally open for live racing and during such periods, and |
18 | continues to comply with all provisions of the most recently |
19 | expired live racing agreement, including recognition of the |
20 | then existing horsemen's organization at each such racetrack |
21 | as the sole representative of the horsemen at that time, and |
22 | pays purses as defined in the most recently expired live |
23 | racing agreement plus the applicable purse revenue |
24 | distributed to licensed racing entities from the operation of |
25 | slot machines under this part. Nothing in this part shall |
26 | exempt an existing or future licensed racetrack from the |
27 | requirements of the Race Horse Industry Reform Act requiring |
28 | a licensed corporation to have a written and unexpired live |
29 | racing agreement with the horsemen's organization |
30 | representing a majority of owners and trainers at the |
|
1 | racetrack where the licensed corporation conducts or will |
2 | conduct live racing dates in order to continue or commence |
3 | any form of simulcasting. |
4 | (5) Notwithstanding any other provision of the law to |
5 | the contrary, account wagers authorized pursuant to section |
6 | 218(b) of the Race Horse Industry Reform Act shall only be |
7 | accepted by a licensed corporation in accordance with the |
8 | provisions of the Race Horse Industry Reform Act, and no |
9 | entity that is not a licensed corporation under that act |
10 | shall accept an account wager from any person within this |
11 | Commonwealth. |
12 | § 1308. Applications for license or permit. |
13 | (a) Applications.--An application for a license or permit to |
14 | be issued by the board under this chapter shall be submitted on |
15 | a form and in a manner as shall be required by the board. In |
16 | reviewing applications, the board shall confirm that all the |
17 | applicable license or permit fees have been paid in accordance |
18 | with this part. |
19 | * * * |
20 | Section 6. Sections 1317(a) and 1317.1(a), (b)(5), (d.1) and |
21 | (e) of Title 4 are amended and the sections are amended by |
22 | adding subsections to read: |
23 | § 1317. Supplier licenses. |
24 | (a) Application.--A manufacturer that elects to contract |
25 | with a supplier under section 1317.1(d.1) (relating to |
26 | manufacturer licenses) shall ensure that the supplier is |
27 | licensed under this section. A person seeking to provide slot |
28 | machines, table game devices or associated equipment to a slot |
29 | machine licensee within this Commonwealth through a contract |
30 | with a licensed manufacturer shall apply to the board for a |
|
1 | supplier license. |
2 | * * * |
3 | (c.1) Waiver.--The board shall establish a procedure to |
4 | allow the board to waive the requirements of subsections (a) and |
5 | (b) for any person who has been approved for and who holds a |
6 | supplier license under this section and who seeks to supply |
7 | table game devices or associated equipment at a licensed |
8 | facility authorized to operate table games pursuant to a table |
9 | game operation certificate under Chapter 13A (relating to table |
10 | games). The board may only waive the application requirement |
11 | under this subsection if: |
12 | (1) the supplier license was issued by the board within |
13 | a 36-month period immediately preceding the date the supplier |
14 | licensee files an application to supply table games or |
15 | associated equipment; and |
16 | (2) there has been no material change in circumstances |
17 | relating to the licensee that necessitates, at the discretion |
18 | of the board, that the requirements of subsections (a) and |
19 | (b) not be waived. |
20 | * * * |
21 | § 1317.1. Manufacturer licenses. |
22 | (a) Application.--A person seeking to manufacture slot |
23 | machines, table game devices and associated equipment for use in |
24 | this Commonwealth shall apply to the board for a manufacturer |
25 | license. |
26 | (b) Requirements.--An application for a manufacturer license |
27 | shall be on the form required by the board, accompanied by the |
28 | application fee, and shall include all of the following: |
29 | * * * |
30 | (5) The type of slot machines, table game devices or |
|
1 | associated equipment to be manufactured or repaired. |
2 | * * * |
3 | (c.1) Waiver.--The board shall establish a procedure to |
4 | allow the board to waive the requirements of subsections (a) and |
5 | (b) for any person who has been approved for and who holds a |
6 | manufacturer license under this section and who seeks to |
7 | manufacture table game devices or associated equipment for use |
8 | at a licensed facility authorized to operate table games |
9 | pursuant to a table game operation certificate under Chapter 13A |
10 | (relating to table games). The board may only waive the |
11 | application requirement under this subsection if: |
12 | (1) the manufacturer license was issued by the board |
13 | within a 36-month period immediately preceding the date the |
14 | manufacturer licensee files an application to manufacture |
15 | table game devices or associated equipment; and |
16 | (2) there has been no material change in circumstances |
17 | of the licensee that necessitates, at the discretion of the |
18 | board, that the requirements of subsections (a) and (b) not |
19 | be waived. |
20 | * * * |
21 | (d.1) Authority.--The following shall apply to a licensed |
22 | manufacturer: |
23 | (1) A licensed manufacturer or its designee, as licensed |
24 | by the board, may supply or repair any slot machine, table |
25 | game devices or associated equipment manufactured by the |
26 | licensed manufacturer. |
27 | (2) A manufacturer may contract with a supplier under |
28 | section 1317 (relating to supplier licenses) to provide slot |
29 | machines, table games devices or associated equipment to a |
30 | slot machine licensee within this Commonwealth. |
|
1 | (e) Prohibitions.-- |
2 | (1) No person may manufacture slot machines, table game |
3 | devices or associated equipment for use within this |
4 | Commonwealth by a slot machine licensee unless the person has |
5 | been issued a manufacturer license under this section. |
6 | (2) No slot machine licensee may use slot machines, |
7 | table game devices or associated equipment unless the slot |
8 | machines, table game devices or associated equipment were |
9 | manufactured by a person that has been issued a manufacturer |
10 | license under this section. |
11 | (3) No person issued a license under this section shall |
12 | apply for or be issued a license under section 1317. |
13 | (4) No limitation shall be placed on the number of |
14 | manufacturer licenses issued or the time period to submit |
15 | applications for licensure, except as required to comply with |
16 | section 1306 (relating to order of initial license issuance). |
17 | Section 7. Sections 1318(c), 1319 and 1321 of Title 4 are |
18 | amended to read: |
19 | § 1318. Occupation permit application. |
20 | * * * |
21 | (c) Prohibition.--No slot machine licensee may employ or |
22 | permit any person under 18 years of age to render any service |
23 | whatsoever in any area of its licensed facility at which slot |
24 | machines or table games are physically located. |
25 | § 1319. Alternative manufacturer licensing standards. |
26 | (a) General rule.--The board may determine whether the |
27 | licensing standards of another jurisdiction within the United |
28 | States in which an applicant for a manufacturer license is |
29 | similarly licensed are comprehensive and thorough and provide |
30 | similar adequate safeguards as those required by this part. If |
|
1 | the board makes that determination, it may issue a manufacturer |
2 | license to an applicant who holds a similar manufacturer license |
3 | in such other jurisdiction after conducting an evaluation of the |
4 | information relating to the applicant from such other |
5 | jurisdictions, as updated by the board, and evaluating other |
6 | information related to the applicant received from that |
7 | jurisdiction and other jurisdictions where the applicant may be |
8 | licensed, the board may incorporate such information in whole or |
9 | in part into its evaluation of the applicant. |
10 | (b) Abbreviated process.--In the event an applicant for a |
11 | [slot machine] manufacturer license is licensed in another |
12 | jurisdiction, the board may determine to use an alternate |
13 | process requiring only that information determined by the board |
14 | to be necessary to consider the issuance of a license, including |
15 | financial viability of the licensee, to such an applicant. |
16 | Nothing in this section shall be construed to waive any fees |
17 | associated with obtaining a license through the normal |
18 | application process. |
19 | § 1321. Additional licenses and permits and approval of |
20 | agreements. |
21 | (a) Requirements.--In addition to the requirements for a |
22 | license or permit specifically set forth in this part, the board |
23 | may require a license or permit, and set a fee for the same, for |
24 | any key or gaming employee or any person who satisfies any of |
25 | the following criteria: |
26 | (1) The person transacts business within this |
27 | Commonwealth with a slot machine licensee as a ticket |
28 | purveyor, tour operator, operator of a bus trip program or |
29 | operator of any other type of travel program or promotional |
30 | business related to slot machines or table games. The board |
|
1 | may also review, deny, order modification or approve, at its |
2 | discretion, proposed tours, bus routes and travel programs. |
3 | (2) The person is presently not otherwise required to be |
4 | licensed under this part and provides any goods, property or |
5 | services, including, but not limited to, management contracts |
6 | for compensation to a slot machine licensee at the licensed |
7 | facility. |
8 | (b) Agreement.--Any agreement to conduct business within |
9 | this Commonwealth between a person and a slot machine licensee |
10 | relating to slot machines, table games, table game devices or |
11 | associated equipment is subject to the approval of the board in |
12 | accordance with rules and regulations promulgated by the board. |
13 | Every agreement shall be in writing and shall include a |
14 | provision for its termination without liability on the part of |
15 | the slot machine licensee upon a finding by the board that the |
16 | agreement is not approved or that it is terminated. Failure to |
17 | expressly include this condition in the agreement is not a |
18 | defense in any action brought under this section relating to the |
19 | termination of the agreement. |
20 | Section 8. Title 4 is amended by adding a chapter to read: |
21 | CHAPTER 13A |
22 | TABLE GAMES |
23 | Subchapter |
24 | A. General Provisions |
25 | B. Table Games Authorized |
26 | C. Table Game Operations |
27 | D. (Reserved) |
28 | E. Table Game Testing and Certification |
29 | F. Gaming Schools |
30 | G. Table Game Taxes and Fees |
|
1 | SUBCHAPTER A |
2 | GENERAL PROVISIONS |
3 | Sec. |
4 | 1301A. Scope of chapter. |
5 | 1302A. Regulatory authority. |
6 | 1303A. Temporary table game regulations. |
7 | 1304A. (Reserved). |
8 | § 1301A. Scope of chapter. |
9 | This chapter shall apply to all persons authorized, licensed, |
10 | permitted or certified by the board to conduct table games or to |
11 | otherwise participate in table gaming authorized under this |
12 | part. |
13 | § 1302A. Regulatory authority. |
14 | In addition to regulatory authority granted to the board |
15 | under section 1207 (relating to regulatory authority of board), |
16 | the board shall promulgate regulations: |
17 | (1) Establishing standards for table games, table game |
18 | devices, equipment, associated equipment, apparatuses and |
19 | supplies, including electronic or computerized table game |
20 | devices. |
21 | (2) Establishing standards to govern the operation of |
22 | table games and the system of wagering associated with table |
23 | games, including the maintenance of financial books, records |
24 | and audits. |
25 | (3) Setting patron notice requirements pertaining to |
26 | minimum and maximum wagers on table games that may be |
27 | adjusted from time to time by the slot machine licensee in |
28 | the normal course of table game operations, except that |
29 | changes in minimum wagers at any given table shall not apply |
30 | to persons already engaged in wagering at that table when the |
|
1 | minimum wager is changed, unless 30 minutes' notice is |
2 | provided to each patron at that table. |
3 | (4) Requiring each slot machine licensee to: |
4 | (i) Provide written information at each operational |
5 | gaming table about table game rules, payoffs or winning |
6 | wagers and other information to the player as the board |
7 | may require. |
8 | (ii) Provide specifications approved by the board |
9 | under section 1207(11) to integrate the licensed |
10 | facility's surveillance system to cover all areas where |
11 | table games are operated. The specifications shall |
12 | require on-site access to the system or its signal to the |
13 | board, the bureau and such agents or other persons |
14 | authorized by the board or bureau. |
15 | (iii) Designate one or more locations within or |
16 | about the licensed facility to operate table games. |
17 | (iv) Ensure that visibility in a licensed facility |
18 | is not obstructed in any way that could interfere with |
19 | the ability of the licensee, the board and such agents or |
20 | other persons authorized by the board to oversee the |
21 | table game operations. |
22 | (v) Integrate the licensed facility's count room for |
23 | the counting and storage of cash, coins, plaques, chips |
24 | and checks received in the conduct of table games and for |
25 | the inspection, counting and storage of dice, cards, |
26 | tiles, dominoes and chips and other such representations |
27 | of value as may be approved by the board and used in the |
28 | conduct and operation of table games. |
29 | (vi) Equip each gaming table with a sign indicating |
30 | the permissible minimum and maximum wagers at the gaming |
|
1 | table. |
2 | (vii) Adopt such policies or procedures to prohibit |
3 | any table game, table game device, equipment or supplies |
4 | from being possessed, maintained or exhibited by any |
5 | person on the premises of a licensed facility except in |
6 | the areas of a licensed facility where table games are |
7 | authorized or in a restricted area used for the |
8 | inspection, service, repair or storage of the table |
9 | games, table game devices, apparatuses, equipment, |
10 | associated equipment or supplies and specifically |
11 | designated for that purpose by the slot machine licensee |
12 | that holds a table game operation certificate approved by |
13 | the board. |
14 | (viii) Equip all drop boxes in which cash, coins, |
15 | fill slips, credit slips, inventory slips, chips or |
16 | plaques are deposited at the gaming tables, and all areas |
17 | where drop boxes are kept while in use, with two locking |
18 | devices or keys, of which one locking device or key shall |
19 | be under the exclusive control of the board or an agent |
20 | thereof, and the second locking device or key shall be |
21 | under the exclusive control of the slot machine licensee. |
22 | The drop boxes shall not be brought into or removed from |
23 | an area where table games are operated or locked or |
24 | unlocked, except at times, in places and according to |
25 | procedures that the board may require. |
26 | (5) Establishing the size and uniform color by |
27 | denomination of all chips and plaques, as well as policy for |
28 | the use of promotional or commemorative chips, used in the |
29 | play of table games. |
30 | (6) Establishing minimum standards relating to the |
|
1 | acceptance of tips or gratuities by dealers at a table game, |
2 | including the requirement that tips or gratuities be placed |
3 | in a common pool for complete distribution pro rata among all |
4 | dealers, with the distribution based upon the number of hours |
5 | each dealer has worked. Nothing in this paragraph shall |
6 | prohibit a licensed facility from adopting a formal policy |
7 | relating to acceptance of tips and gratuities, provided that |
8 | the policy meets the minimum standard established by the |
9 | board under this paragraph. |
10 | (7) Requiring each slot machine licensee to agree to |
11 | maintain the same number of slot machines in operation at the |
12 | time the slot machine licensee submits a petition to operate |
13 | table games and to agree as part of that petition not to |
14 | decrease the number of slot machines in its licensed facility |
15 | without formal board approval. |
16 | (8) Establishing the minimal proficiency requirements |
17 | for individuals to successfully complete a course of training |
18 | at an approved school under Subchapter F (relating to gaming |
19 | schools). Nothing in this paragraph or in Subchapter F shall |
20 | be construed to prohibit a licensee from establishing a |
21 | course of training for its table game employees or to |
22 | prohibit a licensee from offering employment to an individual |
23 | who has not attended or completed a course of instruction at |
24 | a gaming school. In the event that a licensee elects to train |
25 | its employees, a detailed summary of the training program |
26 | shall be filed with the board and the licensee must |
27 | demonstrate the adequacy of the training. |
28 | § 1303A. Temporary table game regulations. |
29 | (a) Promulgation.--In order to facilitate the prompt |
30 | implementation of this chapter, regulations promulgated by the |
|
1 | board shall be deemed temporary regulations which shall expire |
2 | not later than two years following the effective date of this |
3 | chapter. The board may promulgate temporary regulations not |
4 | subject to: |
5 | (1) Sections 201, 202 and 203 of the act of July 31, |
6 | 1968 (P.L.769, No.240), referred to as the Commonwealth |
7 | Documents Law. |
8 | (2) The act of June 25, 1982 (P.L.633, No.181), known as |
9 | the Regulatory Review Act. |
10 | (b) Temporary regulations.--Temporary regulations proposed |
11 | under subsection (a) shall be submitted to the standing |
12 | committees in the Senate and the House of Representatives with |
13 | jurisdiction over this part. Each committee shall have 30 days |
14 | to provide comment on the proposed temporary regulation. The |
15 | board shall provide a written response to any comments received |
16 | from a standing committee prior to final publication of the |
17 | temporary regulation. The response shall inform the standing |
18 | committees whether the board will amend the regulation in |
19 | response to the comments. |
20 | (c) Expiration.--The board's authority to adopt temporary |
21 | regulations in subsection (a) shall expire two years after the |
22 | effective date of this section. Regulations adopted after this |
23 | period shall be promulgated as provided by law. |
24 | § 1304A. (Reserved). |
25 | SUBCHAPTER B |
26 | TABLE GAMES AUTHORIZED |
27 | Sec. |
28 | 1311A. Authorization to conduct table games. |
29 | 1312A. Petition requirements. |
30 | 1313A. (Reserved). |
|
1 | 1314A. Table game authorization hearing process; public input |
2 | hearings. |
3 | 1315A. Standard of review. |
4 | § 1311A. Authorization to conduct table games. |
5 | (a) General rule.--Notwithstanding any other provision of |
6 | law to the contrary, the board may authorize only an eligible |
7 | Category 1 or Category 2 slot machine licensee to engage in the |
8 | operation of table games and the system of wagering associated |
9 | with table games at the slot machine licensee's licensed |
10 | facility. Authorization to conduct table games shall be |
11 | contingent upon the licensee's agreement to conduct table games |
12 | in accordance with this part. |
13 | (b) Authorized locations for operation.–-The following shall |
14 | apply: |
15 | (1) An eligible slot machine licensee that is authorized |
16 | by the board to engage in the operation of table games under |
17 | this chapter shall only be permitted to operate table games |
18 | at the licensed facility. |
19 | (2) The board shall determine the suitability of a hotel |
20 | owned or operated by a slot machine licensee, attached to or |
21 | adjacent to the licensed facility, for the conduct and |
22 | operation of authorized table games. The board may authorize |
23 | the executive director to designate specific areas of the |
24 | hotel, including conference rooms, ballrooms or other rooms, |
25 | in which the licensee may operate table games or poker for |
26 | the purposes of tournaments or other contests. No area of a |
27 | hotel may be approved to operate table games or poker unless |
28 | the areas designated are equipped with adequate security or |
29 | surveillance equipment to ensure the integrity of the |
30 | operation of table games. The board shall be prohibited from: |
|
1 | (i) Imposing any criteria or requirements regarding |
2 | the contents or structure of the hotel which are |
3 | unrelated to the conduct and operation of table games. |
4 | (ii) Authorizing the placement of slot machines or |
5 | the conduct of slot machine operations in a hotel. |
6 | (3) Except as otherwise specifically provided, the |
7 | operation of table games shall be prohibited at any temporary |
8 | facility authorized by the board for the conduct of slot |
9 | machine gaming pursuant to section 1207(17) (relating to |
10 | regulatory authority of board). |
11 | (c) Definitions.–-As used in this section, the term |
12 | "eligible slot machine licensee" shall mean any person that: |
13 | (1) Has been determined by the board to be suitable to |
14 | conduct slot machine gaming under this part and has been |
15 | approved and issued a Category 1 or Category 2 slot machine |
16 | license under Chapter 13 (relating to licensees). |
17 | (2) Currently holds a Category 1 or Category 2 slot |
18 | machine license in good standing. |
19 | § 1312A. Petition requirements. |
20 | (a) General rule.--An eligible slot machine licensee may |
21 | seek approval to operate table games by filing a petition with |
22 | the board. |
23 | (b) Petition contents.--A petition seeking authorization to |
24 | operate table games shall include the following: |
25 | (1) The name, business address and contact information |
26 | of the petitioner. |
27 | (2) The name and business address, job title and a |
28 | photograph of each principal and key employee of the |
29 | petitioner who will be involved in the operation of table |
30 | games and is not currently licensed by the board. |
|
1 | (3) An itemized list of the approximate number and types |
2 | of table games for which authorization is being sought. |
3 | (4) The estimated number of full-time and part-time |
4 | employment positions that will be created at the licensed |
5 | facility if table games are authorized and an updated hiring |
6 | plan pursuant to section 1510 (relating to labor hiring |
7 | preferences) which outlines the petitioner's plan to promote |
8 | the representation of diverse groups and Commonwealth |
9 | residents in the new employment positions. |
10 | (5) A brief description of the economic benefits |
11 | expected to be realized by the Commonwealth, its political |
12 | subdivisions and its residents, if table games are |
13 | authorized. |
14 | (6) The details of any financing that will be obtained |
15 | or has been obtained to fund an expansion of the licensed |
16 | facility to accommodate the operation of table games. |
17 | (7) Information and documentation concerning financial |
18 | background and resources as the board may require to |
19 | establish by clear and convincing evidence the financial |
20 | stability, integrity and responsibility of the petitioner. |
21 | (8) Information and documentation as the board may |
22 | require to establish by clear and convincing evidence that |
23 | the petitioner has sufficient business ability and experience |
24 | to create and maintain a successful table game operation. In |
25 | making this determination, the board may consider the results |
26 | of the petitioner's slot machine operation, including |
27 | financial figures, employment figures and capital investment. |
28 | (9) Information and documentation as the board may |
29 | require to establish by clear and convincing evidence that |
30 | the petitioner has the financial ability to pay the |
|
1 | authorization fee under section 1361A (relating to table game |
2 | authorization fee). |
3 | (10) Detailed site plans identifying the petitioner's |
4 | area for table game operation within the licensed facility. |
5 | The plans shall be reviewed by a designated employee of the |
6 | board, in consultation with the Pennsylvania State Police, to |
7 | determine the adequacy of the proposed internal and external |
8 | security and proposed surveillance measures and submit a |
9 | finding regarding adequacy to the board. |
10 | (11) Other information as the board may require. |
11 | (c) Confidentiality.--Information submitted to the board |
12 | under subsection (b)(6), (7), (9), (10) and (11) may be |
13 | considered confidential by the board if the information would be |
14 | confidential under section 1206(f) (relating to board minutes |
15 | and records). |
16 | § 1313A. (Reserved). |
17 | § 1314A. Table game authorization hearing process; public input |
18 | hearings. |
19 | (a) General rule.--The board's consideration and resolution |
20 | of all petitions to conduct table games shall be conducted in |
21 | accordance with 2 Pa.C.S. (relating to administrative law and |
22 | procedure) or with procedures adopted by order of the board. |
23 | Notwithstanding the requirements of 2 Pa.C.S. §§ 504 (relating |
24 | to hearing and record) and 505 (relating to evidence and cross- |
25 | examination) as they relate to the conduct of oral hearings, the |
26 | board may adopt procedures to provide parties before it with a |
27 | documentary hearing, and the board may resolve disputed material |
28 | facts without conducting an oral hearing where constitutionally |
29 | permissible. |
30 | (b) Public input hearing requirement.-- |
|
1 | (1) Within 90 days after a petition is filed under |
2 | section 1312A (relating to petition requirements), and prior |
3 | to authorizing a slot machine licensee to conduct table games |
4 | under this chapter, the board shall hold at least one public |
5 | input hearing on the matter, in the municipality in which the |
6 | licensed facility is located. |
7 | (2) A list of all witnesses scheduled to testify at a |
8 | public input hearing shall be made public at least seven days |
9 | prior to the hearing. The list shall be updated at least |
10 | three days prior to the hearing. Additional witnesses shall |
11 | be posted on the board's Internet website as they are added |
12 | to the list. |
13 | § 1315A. Standard of review. |
14 | The board shall grant the petition to authorize the |
15 | petitioner to operate table games if the petitioner establishes, |
16 | by clear and convincing evidence, all of the following: |
17 | (1) The petitioner is an "eligible slot machine |
18 | licensee" as defined in section 1311A(c) (relating to |
19 | authorization to conduct table games). |
20 | (2) Authorizing the petitioner to conduct table games |
21 | will have a positive economic impact on the Commonwealth, its |
22 | political subdivisions and residents through increased |
23 | revenues and employment opportunities. |
24 | (3) If necessary, the petitioner has secured adequate |
25 | financing to fund an expansion of the petitioner's licensed |
26 | facility to accommodate the operation of table games. |
27 | (4) The petitioner has the financial stability, |
28 | integrity and responsibility to operate table games. |
29 | (5) The petitioner has sufficient business ability and |
30 | experience to create and maintain a successful table gaming |
|
1 | operation. |
2 | (6) The proposed internal and external security and |
3 | proposed surveillance measures within the area of the |
4 | licensed facility where the petitioner seeks to operate table |
5 | games are adequate. |
6 | (7) The petitioner is likely to maintain a table game |
7 | operation that will increase employment opportunities for |
8 | Commonwealth residents and generate a steady level of revenue |
9 | for the Commonwealth. |
10 | SUBCHAPTER C |
11 | TABLE GAME OPERATIONS |
12 | Sec. |
13 | 1321A. Commencement of table game operations. |
14 | 1322A. Term of table game authorization. |
15 | 1323A. Table game operation certificate. |
16 | 1324A. Condition of continued operation. |
17 | 1325A. Table game accounting controls and audits. |
18 | 1326A. Wagering policies. |
19 | 1327A. Key employees and occupation permits. |
20 | 1328A. Amendment of statement of conditions. |
21 | 1329A. Application of Clean Indoor Air Act. |
22 | § 1321A. Commencement of table game operations. |
23 | A slot machine licensee may not operate or offer table games |
24 | for play at a licensed facility until: |
25 | (1) The board approves the petition filed under section |
26 | 1312A (relating to petition requirements). |
27 | (2) The slot machine licensee pays the fee under section |
28 | 1361A (relating to table game authorization fee). |
29 | (3) The board has issued a table game operation |
30 | certificate to the slot machine licensee under section 1323A |
|
1 | (relating to table game operation certificate). |
2 | (4) The decision of the board approving the slot machine |
3 | licensee's petition is final, binding and nonappealable. |
4 | § 1322A. Term of table game authorization. |
5 | The following shall apply: |
6 | (1) After payment of the fee under section 1321A |
7 | (relating to commencement of table game operations), and |
8 | issuance of a table game operation certificate under 1323A |
9 | (relating to table game operation certificate), authorization |
10 | to conduct table games shall be in effect unless suspended, |
11 | revoked or not renewed, limited or otherwise as amended by |
12 | the board upon good cause consistent with the license |
13 | requirements provided in this part. |
14 | (2) Slot machine licensees shall be required to update |
15 | the information in their initial table games petition at |
16 | times prescribed by the board. |
17 | (3) The authorization of a slot machine licensee in good |
18 | standing to conduct table games shall be updated and renewed |
19 | at intervals determined by the board. |
20 | (4) No additional license fee shall be imposed for |
21 | renewal of a table game operation certificate. |
22 | § 1323A. Table game operation certificate. |
23 | (a) Certificate required.--Notwithstanding the approval of a |
24 | petition to authorize the conduct of table games, no slot |
25 | machine licensee may offer table games for play at a licensed |
26 | facility until a valid table game operation certificate has been |
27 | issued to the slot machine licensee by the board. The board |
28 | shall issue the table game operation certificate upon a finding |
29 | that: |
30 | (1) The slot machine licensee complies in all respects |
|
1 | with the requirements of this part and will comply with |
2 | regulations promulgated by the board under this part. |
3 | (2) The slot machine licensee has implemented necessary |
4 | internal and management controls and security precautions for |
5 | the operation and play of table games. |
6 | (3) All table game-related employees, where applicable, |
7 | are licensed, permitted or otherwise authorized by the board |
8 | to perform their respective duties. |
9 | (4) The slot machine licensee's facility is prepared in |
10 | all respects to offer table game play to the public at the |
11 | licensed facility. |
12 | (b) Authorized table games.--The table game operation |
13 | certificate shall include an itemized list by type and number of |
14 | the table games approved by the board and permitted in the |
15 | particular licensed facility. The slot machine licensee shall |
16 | file any proposed changes in the number of table games |
17 | authorized for play in its licensed facility, and any |
18 | significant changes in the configuration of the table games area |
19 | of the licensed facility with the board. The board or its |
20 | designated employees shall review the changes in configuration |
21 | for compliance with this part. The licensee may increase the |
22 | number of table games permitted at the licensed facility or |
23 | change the type of table game played at a particular table upon |
24 | notice to the board and approval by a designated employee of the |
25 | board. |
26 | § 1324A. Condition of continued operation. |
27 | As a condition of continued operation, a slot machine |
28 | licensee shall agree to maintain all books, records and |
29 | documents pertaining to the licensee's table game operation in a |
30 | manner and location within this Commonwealth as approved by the |
|
1 | board. All books, records and documents related to table game |
2 | operations shall: |
3 | (1) be maintained separate and apart from all books, |
4 | records and documents of the slot machine licensee's slot |
5 | machine operations; |
6 | (2) be immediately available for inspection upon request |
7 | of the board, the bureau, the Pennsylvania State Police or |
8 | agents of the Attorney General during all hours of operation |
9 | in accordance with regulations promulgated by the board; and |
10 | (3) be maintained for a period as the board, by |
11 | regulation, may require. |
12 | § 1325A. Table game accounting controls and audits. |
13 | (a) Approval.--Prior to being approved for a table game |
14 | operation certificate, a slot machine licensee shall obtain |
15 | approval from the board of its proposed site plans and internal |
16 | control systems and audit protocols for its table games |
17 | operation. |
18 | (b) Minimum requirements.--The slot machine licensee's |
19 | proposed internal controls and audit protocols shall: |
20 | (1) Safeguard its assets and revenues, including the |
21 | recording of cash and evidences of indebtedness related to |
22 | the table games. |
23 | (2) Provide for reliable records, accounts and reports |
24 | of any financial event that occurs in the operation of a |
25 | table game, including reports to the board related to the |
26 | table games. |
27 | (3) Provide for accurate and reliable financial records |
28 | related to the table games operation. |
29 | (4) Establish procedures for all the following: |
30 | (i) The receipt, storage and disbursal of chips, |
|
1 | cash and other cash equivalents used in table gaming. |
2 | (ii) Check cashing. |
3 | (iii) The redemption of chips and other cash |
4 | equivalents used in table gaming and the payoff of |
5 | jackpots. |
6 | (iv) The recording of transactions pertaining to |
7 | table gaming. |
8 | (5) Establish procedures for the collection and security |
9 | of moneys at the gaming tables. |
10 | (6) Establish procedures for the transfer and recording |
11 | of chips between the gaming tables and the cashier's cage. |
12 | (7) Establish procedures for the transfer of drop boxes |
13 | for table games from the gaming tables to the count room. |
14 | (8) Establish procedures and security for the counting |
15 | and recording of table gaming revenue. |
16 | (9) Establish procedures for the security, storage and |
17 | recording of cash, chips and other cash equivalents utilized |
18 | in table gaming. |
19 | (10) Establish procedures and security standards for the |
20 | handling and storage of gaming apparatus, including cards, |
21 | dice, machines, wheels and all other gaming equipment. |
22 | (11) Establish procedures and rules governing the |
23 | conduct of particular games and the responsibility of casino |
24 | personnel. |
25 | (12) Establish procedures for the collection and |
26 | recording of revenue from poker when it is a nonlicensee bank |
27 | game, including the types of rake utilized, the methodology |
28 | for calculating the rake and the amount of maximum |
29 | permissible rake. |
30 | (13) Ensure that any wagering governing the operation of |
|
1 | a table game is implemented only in accordance with the |
2 | management's general or specific authorization, as approved |
3 | by the board. |
4 | (14) Ensure that there is proper and timely accounting |
5 | of gross table game revenue and the calculation of gross |
6 | table game revenue, fees and taxes and maintain |
7 | accountability for assets. |
8 | (15) Ensure that recorded accountability for assets is |
9 | compared with actual assets at reasonable intervals and that |
10 | appropriate action is taken with respect to any |
11 | discrepancies. |
12 | (16) Ensure that all functions, duties and |
13 | responsibilities are appropriately segregated and performed |
14 | in accordance with sound financial practices by competent, |
15 | qualified personnel. |
16 | (17) Permit use of its existing onsite facilities by the |
17 | board, the bureau and other persons authorized by the board |
18 | to facilitate their ability to perform regulatory and |
19 | oversight functions under this chapter. |
20 | (c) Submission to board.--Each slot machine licensee shall, |
21 | prior to being approved for a table game operation certificate, |
22 | submit to the board a detailed description of its administrative |
23 | and accounting procedures related to table games, including its |
24 | written system of internal control. Each written system of |
25 | internal control shall include: |
26 | (1) An organizational chart depicting appropriate |
27 | functions and responsibilities of employees involved in both |
28 | the slot machine licensee's slot machine operation and table |
29 | game operation. |
30 | (2) A description of the duties and responsibilities of |
|
1 | each position shown on the organizational chart. |
2 | (3) The record retention policy of the applicant. |
3 | (4) The procedure to be utilized to ensure that assets |
4 | are safeguarded, including mandatory count procedures. |
5 | (5) A statement signed by the chief financial officer, |
6 | or other competent person, of the slot machine licensee |
7 | attesting that the officer believes, in good faith, that the |
8 | system satisfies the requirements of this section. |
9 | (d) Review.--Prior to approving a petitioner for a table |
10 | game operation certificate, the board shall review the system of |
11 | internal controls submitted under subsection (c) to determine |
12 | whether it conforms to the requirements of this chapter and |
13 | provides adequate and effective controls for the operations of |
14 | the licensed facility. |
15 | § 1326A. Wagering policies. |
16 | (a) Internal controls.-–Holders of table game operation |
17 | certificates shall maintain a detailed narrative description of |
18 | the administrative and accounting procedures which meet the |
19 | requirements of this section. |
20 | (b) Acceptance of checks.--A slot machine licensee may |
21 | accept a check from a patron in exchange for cash or chips, |
22 | provided that each check is deposited with the financial |
23 | institution upon which the check is drawn within ten days of |
24 | receipt by the slot machine licensee. No third party checks |
25 | shall be permitted. |
26 | (c) Credit and other financial transactions permitted.-– |
27 | Holders of table game operation certificates may make credit |
28 | card advances and debit card withdrawals available to table game |
29 | patrons at a licensed facility. All fees charged for cash |
30 | advances, check cashing and debit card withdrawals shall be |
|
1 | disclosed. Notwithstanding section 1504 (relating to wagering on |
2 | credit), a holder of a table game operation certificate may |
3 | provide credit to patrons for the purpose of playing table games |
4 | in accordance with this section. |
5 | (d) Credit applications.-–Each application for credit |
6 | submitted by a patron shall be maintained in a credit file and |
7 | shall include the patron's name, address, telephone number, |
8 | comprehensive bank account information, the requested credit |
9 | limit, the approximate amount of indebtedness, the amount and |
10 | source of income disclosed by the patron in support of the |
11 | application, and the patron's signature and certification of |
12 | truthfulness. The patron shall be notified that as a condition |
13 | of receiving credit the licensed facility will verify identity |
14 | and indebtedness information through a credit bureau, casino |
15 | credit bureau and, if appropriate, through direct contact with |
16 | other licensed facilities. |
17 | (e) Application verification.-–Prior to approving an |
18 | application, a holder of a table game operation certificate |
19 | shall verify the identity, credit worthiness and indebtedness |
20 | information on the application and shall verify: |
21 | (1) Comprehensive information regarding the patron's |
22 | credit activity at other licensed facilities through a casino |
23 | credit bureau and, if appropriate, through direct contact |
24 | with other licensed facilities. |
25 | (2) That the patron's name is not included on a self- |
26 | exclusion list or a voluntary suspension of credit list. |
27 | (3) The amount and source of income disclosed by the |
28 | patron in support of the application. |
29 | (f) Establishment of credit.-–Each patron's credit limit |
30 | must be approved by any two or more individuals holding the job |
|
1 | positions of credit manager, assistant credit manager, credit |
2 | shift manager, credit executive or a key employee in a direct |
3 | reporting line above the manager or credit manager. The approval |
4 | shall be recorded in the patron's credit file and shall include |
5 | the reasons and information relied on for the approval of credit |
6 | and verification by the employee approving the patron's credit |
7 | limit. Increases to a patron's credit limit may be approved |
8 | following a written request from the patron and reverification |
9 | of a patron's credit information. |
10 | (g) Recordkeeping.-–Detailed information pertaining to all |
11 | transactions affecting a patron's outstanding indebtedness to a |
12 | licensee shall be recorded in chronological order in the |
13 | patron's credit file. |
14 | (h) Suspension of credit.-–A holder of a table game |
15 | operation certificate may reduce a patron's credit limit or |
16 | suspend credit to a patron upon consideration of information |
17 | affecting the patron's creditworthiness or the patron's credit |
18 | activities at the licensed facility or another licensed |
19 | facility. Any patron may request a licensee to voluntarily |
20 | suspend the patron's credit. Each holder of a table game |
21 | operation certificate shall inform the board of any patron who |
22 | requests a voluntary suspension of credit. The board shall |
23 | maintain a voluntary credit suspension list of all persons who |
24 | have requested voluntary suspension and shall provide the list |
25 | on a continuous basis to the credit department of each licensed |
26 | facility. |
27 | (i) List.-–An individual may request placement on the |
28 | voluntary credit suspension list by submitting to the board the |
29 | individual's name, address and date of birth. The person does |
30 | not need to provide a reason for the request. Notwithstanding |
|
1 | any other provision to the contrary, the board's list of |
2 | individuals who have had credit privileges voluntarily suspended |
3 | shall not be open to public inspection, and neither the board |
4 | nor the credit department of a licensed facility shall divulge |
5 | the names on this list to any person or entity other than those |
6 | provided for in this subsection. To remove an individual's name |
7 | from the list, the individual shall submit a request to the |
8 | board, which shall remove the individual from the list and |
9 | inform the credit department of each licensed facility not later |
10 | than three days after the submission of the request. |
11 | (j) Liability.--A slot machine licensee or employee thereof |
12 | shall not be liable to any individual on the voluntary credit |
13 | suspension list or to any other party in any judicial proceeding |
14 | for any harm, monetary or otherwise, which may arise as a result |
15 | of: |
16 | (1) the failure of a slot machine licensee to withhold |
17 | credit privileges from or restore credit privileges to an |
18 | individual on the voluntary credit suspension list; or |
19 | (2) otherwise permitting an individual on the voluntary |
20 | credit suspension list to engage in gaming activity in the |
21 | facility while on the voluntary credit suspension list. |
22 | § 1327A. Key employees and occupation permits. |
23 | Nothing in this chapter shall be construed to require any |
24 | individual who holds a key employee or gaming employee license |
25 | under Chapter 13 (relating to licensees) to obtain a separate |
26 | license or permit to be employed in a slot machine licensee's |
27 | table game operation as authorized under this chapter. |
28 | § 1328A. Amendment of statement of conditions. |
29 | (a) Amendment.--Upon granting a petition authorizing a slot |
30 | machine licensee to conduct table games, the board shall amend |
|
1 | the slot machine licensee's statement of conditions governing |
2 | the slot machine license to include the requirements of this |
3 | chapter. |
4 | (b) Sanctions.--A slot machine licensee that fails to abide |
5 | by the statement of conditions and this part in the conduct of |
6 | table gaming at its licensed facility shall be subject to all |
7 | board-imposed administrative sanctions or other penalties |
8 | authorized under this part. |
9 | § 1329A. Application of Clean Indoor Air Act. |
10 | If the board authorizes the operation of table games in a |
11 | designated area other than the gaming floor, as defined in |
12 | section 2 of the act of June 13, 2008 (P.L.182, No.27), known as |
13 | the Clean Indoor Air Act, the provisions of section 3(b)(11) of |
14 | the Clean Indoor Air Act shall apply to that area. |
15 | SUBCHAPTER D |
16 | (RESERVED) |
17 | SUBCHAPTER E |
18 | TABLE GAME TESTING AND CERTIFICATION |
19 | Sec. |
20 | 1341A. Table game testing and certification standards. |
21 | § 1341A. Table game testing and certification standards. |
22 | (a) Use of other state standards.--Until such time as the |
23 | board expands the independent testing and certification facility |
24 | established under section 1320(b) (relating to slot machine |
25 | testing and certification standards), the board may determine |
26 | whether the table game testing and certification standards of |
27 | another jurisdiction within the United States in which an |
28 | applicant for a manufacturer license is licensed are |
29 | comprehensive and thorough and provide similar adequate |
30 | safeguards as those required by this part. If the board makes |
|
1 | that determination, it may permit a manufacturer as provided in |
2 | section 1317.1 (relating to manufacturer licenses) to deploy |
3 | those table games which have met the table game testing and |
4 | certification standards in another jurisdiction without |
5 | undergoing the full testing and certification process by the |
6 | board's independent facility. |
7 | (b) Expansion of independent testing and certification |
8 | facility.--Within one year of the effective date of this |
9 | chapter, the board shall expand its independent testing and |
10 | certification facility created under section 1320(b) to include |
11 | the testing and certification of table games. Costs associated |
12 | with the expansion of the facility shall be paid by each |
13 | licensed manufacturer in accordance with a schedule adopted by |
14 | the board. The expanded facility shall be made available to each |
15 | table game device manufacturer and supplier as determined by the |
16 | board. |
17 | SUBCHAPTER F |
18 | GAMING SCHOOLS |
19 | Sec. |
20 | 1351A. Curriculum. |
21 | 1352A. Gaming school gaming equipment. |
22 | § 1351A. Curriculum. |
23 | The Department of Education, in consultation with the board, |
24 | shall develop curriculum guidelines, including minimum |
25 | proficiency requirements established by the board, for gaming |
26 | school instruction. The guidelines shall, at a minimum, |
27 | establish courses of instruction that will provide individuals |
28 | with adequate training necessary to obtain employment as a |
29 | gaming employee with a licensed gaming entity. |
30 | § 1352A. Gaming school gaming equipment. |
|
1 | (a) Use of gaming equipment.--All gaming equipment utilized |
2 | by a gaming school, including table game devices and all other |
3 | representations of value, shall be used for training, |
4 | instructional and practice purposes only. The use of any such |
5 | gaming equipment for actual gaming by any person is prohibited. |
6 | (b) Chips.--Unless the board otherwise determines, all |
7 | gaming chips and other representations of value utilized by a |
8 | gaming school shall be distinctly dissimilar to any gaming chips |
9 | and representations of value utilized by a slot machine |
10 | licensee. |
11 | (c) Possession, removal and transport of equipment.--No |
12 | gaming school shall possess, remove or transport any slot |
13 | machine, table game device or associated equipment except in |
14 | accordance with this part. |
15 | (d) Serial numbers.--Each slot machine, table game and |
16 | associated equipment on the premises of a gaming school shall |
17 | have permanently affixed on it a serial number which, together |
18 | with the location of the machine or table game, shall be filed |
19 | with the board. |
20 | (e) Security.--Each gaming school shall provide adequate |
21 | security for the slot machines, table games, table game devices |
22 | and associated equipment on the gaming school premises. |
23 | (f) Notice to board and bureau.--No gaming school shall sell |
24 | or transfer any slot machine, table game, table game device or |
25 | associated equipment except upon prior written notice to the |
26 | board and the bureau and the removal of all serial numbers |
27 | required by this section. |
28 | SUBCHAPTER G |
29 | TABLE GAME TAXES AND FEES |
30 | Sec. |
|
1 | 1361A. Table game authorization fee. |
2 | 1362A. Table game taxes and assessment. |
3 | § 1361A. Table game authorization fee. |
4 | (a) Imposition.--Upon approval of a petition filed under |
5 | section 1301A (relating to scope of chapter) and prior to the |
6 | issuance of a table game operation certificate the commencement |
7 | of the operation of table games at the licensed facility, the |
8 | board shall impose a one-time authorization fee on the slot |
9 | machine licensee in the amount of $10,000,000. |
10 | (b) Deposit of fees.–-All table game authorization fees |
11 | received by the board under subsection (a) shall be deposited in |
12 | the General Fund. |
13 | § 1362A. Table game taxes and assessment. |
14 | (a) Imposition.--The department shall determine and each |
15 | slot machine licensee shall pay from its daily gross table game |
16 | revenue from the table games in operation at its licensed |
17 | facility a tax of 12% to be deposited into the General Fund. |
18 | (b) Deposits and distributions.-– |
19 | (1) The tax imposed under subsection (a) shall be due |
20 | and payable to the department on a quarterly basis and |
21 | submitted 30 days after the close of the quarter and shall be |
22 | based upon gross table game revenue derived during the |
23 | previous quarter. |
24 | (2) All funds owed to the Commonwealth under this |
25 | section shall be held in trust by the slot machine licensee |
26 | until the funds are paid or transferred and distributed by |
27 | the department. Unless otherwise agreed to by the board, a |
28 | slot machine licensee shall establish a separate bank account |
29 | to maintain table game funds until such time as the funds are |
30 | paid or transferred under this section. |
|
1 | Section 9. Sections 1401(b), 1408(a), 1501(b) and (c), 1504, |
2 | 1505, 1509(c), 1513(c) and 1517(b)(1), (c)(12) and (e)(1) of |
3 | Title 4 are amended to read: |
4 | § 1401. Slot machine licensee deposits. |
5 | * * * |
6 | (b) Initial deposit of funds.--Not later than two business |
7 | days prior to the commencement of slot machine operations, which |
8 | may include table games, by a slot machine licensee, the slot |
9 | machine licensee shall deposit and maintain the sum of |
10 | $5,000,000 in its account to guarantee the payment of funds to |
11 | the Commonwealth under this part and as security for its |
12 | obligations under section 1405 (relating to Pennsylvania Race |
13 | Horse Development Fund). No additional deposit shall be required |
14 | if a slot machine licensee is authorized to conduct table games |
15 | pursuant to Chapter 13A (relating to table games). |
16 | * * * |
17 | § 1408. Transfers from State Gaming Fund. |
18 | (a) Transfer for compulsive problem gambling treatment.-- |
19 | Each year, the sum of [$1,500,000] $2,000,000 or an amount equal |
20 | to [.001] .002 multiplied by the total gross terminal revenue |
21 | and gross table game revenue of all active and operating |
22 | licensed gaming entities, whichever is greater, shall be |
23 | transferred into the Compulsive Problem Gambling Treatment Fund |
24 | established in section 1509 (relating to compulsive and problem |
25 | gambling program). |
26 | * * * |
27 | § 1501. Responsibility and authority of department. |
28 | * * * |
29 | (b) Application of rules and regulations.--The department |
30 | may prescribe the extent, if any, to which any rules and |
|
1 | regulations shall be applied without retroactive effect. The |
2 | department shall have authority to prescribe the forms and the |
3 | system of accounting and recordkeeping to be employed and |
4 | through its representative shall at all times have power of |
5 | access to and examination and audit of any equipment and records |
6 | relating to all aspects of the operation of slot machines and |
7 | table games under this part. |
8 | (c) Procedure.--For purposes of implementing this part, the |
9 | department may promulgate regulations in the same manner in |
10 | which the board is authorized as provided in section 1203 |
11 | (relating to temporary regulations) and section 1303A (relating |
12 | to temporary table game regulations). |
13 | * * * |
14 | § 1504. Wagering on credit. |
15 | [Slot] Except as otherwise provided in section 1326A |
16 | (relating to wagering policies), slot machine licensees may not |
17 | extend credit. Slot machine licensees may not accept credit |
18 | cards, charge cards or debit cards from a player for the |
19 | exchange or purchase of slot machine credits or for an advance |
20 | of coins or currency to be utilized by a player to play slot |
21 | machine games or extend credit in any manner to a player so as |
22 | to enable the player to play slot machines. |
23 | § 1505. No eminent domain authority. |
24 | Neither the Commonwealth nor any political subdivision |
25 | thereof shall have the right to acquire, with or without |
26 | compensation, through the power of eminent domain any property, |
27 | easement or land use right for the siting or construction of a |
28 | facility for the operation of slot machines or table games by a |
29 | slot machine licensee. |
30 | § 1509. Compulsive and problem gambling program. |
|
1 | * * * |
2 | (c) Notice of availability of assistance.-- |
3 | (1) Each slot machine licensee shall obtain a toll-free |
4 | telephone number to be used to provide persons with |
5 | information on assistance for compulsive or problem gambling. |
6 | Each licensee shall conspicuously post signs similar to the |
7 | following statement: |
8 | If you or someone you know has a gambling problem, help |
9 | is available. Call (Toll-free telephone number). |
10 | The signs must be posted within 50 feet of each entrance and |
11 | exit and within 50 feet of each automated teller machine |
12 | location within the licensed facility. |
13 | (2) Each racetrack where slot machines or table games |
14 | are operated shall print a statement on daily racing programs |
15 | provided to the general public that is similar to the |
16 | following: |
17 | If you or someone you know has a gambling problem, help |
18 | is available. Call (Toll-free telephone number). |
19 | (3) A licensed facility which fails to post or print the |
20 | warning sign in accordance with paragraph (1) or (2) shall be |
21 | assessed a fine of $1,000 a day for each day the sign is not |
22 | posted or printed as provided in this subsection. |
23 | * * * |
24 | § 1513. Political influence. |
25 | * * * |
26 | (c) Penalties.--The first violation of this section by a |
27 | licensed gaming entity or any person that holds a controlling |
28 | interest in such gaming entity, or a subsidiary company thereof, |
29 | and any officer, director or management-level employee of such |
30 | licensee shall be punishable by a fine of not less than an |
|
1 | average single day's gross terminal revenue of the licensed |
2 | gaming entity derived from the operation of slot machines and |
3 | gross table revenue from the operation of table games in this |
4 | Commonwealth; a second violation of this section, within five |
5 | years of the first violation, shall be punishable by at least a |
6 | one-day suspension of the license held by the licensed gaming |
7 | entity and a fine not less than an average two days' gross |
8 | revenue of the licensed gaming entity; a third violation of this |
9 | section within five years of the second violation shall be |
10 | punishable by the immediate revocation of the license held by |
11 | the licensed gaming entity. The first violation of this section |
12 | by a manufacturer or supplier licensed pursuant to this part or |
13 | by any person that holds a controlling interest in such |
14 | manufacturer or supplier, or a subsidiary company thereof, and |
15 | any officer, director or management-level employee of such a |
16 | licensee shall be punishable by a fine of not less than one |
17 | day's average of the gross profit from sales made by the |
18 | manufacturer or supplier in Pennsylvania during the preceding |
19 | 12-month period or portion thereof in the event the manufacturer |
20 | or supplier has not operated in Pennsylvania for 12 months; a |
21 | second violation of this section within five years of the first |
22 | violation shall be punishable by a one-month suspension of the |
23 | license held by the manufacturer or supplier and a fine of not |
24 | less than two times one day's average of the gross profit from |
25 | sales made by the manufacturer or supplier in Pennsylvania |
26 | during the preceding 12-month period or portion thereof in the |
27 | event the manufacturer or supplier has not operated in |
28 | Pennsylvania for 12 months. In no event shall the fine imposed |
29 | under this section be in an amount less than $50,000 for each |
30 | violation. In addition to any fine or sanction that may be |
|
1 | imposed by the board, any person who makes a contribution in |
2 | violation of this section commits a misdemeanor of the third |
3 | degree. |
4 | * * * |
5 | § 1517. Investigations and enforcement. |
6 | * * * |
7 | (b) Powers and duties of department.-- |
8 | (1) The department shall at all times have the power of |
9 | access to examination and audit of any equipment and records |
10 | relating to all aspects of the operation of slot machines or |
11 | table games under this part. |
12 | * * * |
13 | (c) Powers and duties of the Pennsylvania State Police.--The |
14 | Pennsylvania State Police shall have the following powers and |
15 | duties: |
16 | * * * |
17 | (12) Conduct audits or verification of information of |
18 | slot machine or table game operations at such times, under |
19 | such circumstances and to such extent as the bureau |
20 | determines. This paragraph includes reviews of accounting, |
21 | administrative and financial records and management control |
22 | systems, procedures and records utilized by a slot machine |
23 | licensee. |
24 | * * * |
25 | (e) Inspection, seizure and warrants.-- |
26 | (1) The bureau, the department and the Pennsylvania |
27 | State Police shall have the authority without notice and |
28 | without warrant to do all of the following in the performance |
29 | of their duties: |
30 | (i) Inspect and examine all premises where slot |
|
1 | machine or table game operations are conducted, gaming |
2 | devices or equipment are manufactured, sold, distributed |
3 | or serviced or where records of these activities are |
4 | prepared or maintained. |
5 | (ii) Inspect all equipment and supplies in, about, |
6 | upon or around premises referred to in subparagraph (i). |
7 | (iii) Seize, summarily remove and impound equipment |
8 | and supplies from premises referred to in subparagraph |
9 | (i) for the purposes of examination and inspection. |
10 | (iv) Inspect, examine and audit all books, records |
11 | and documents pertaining to a slot machine licensee's |
12 | operation. |
13 | (v) Seize, impound or assume physical control of any |
14 | book, record, ledger, game, device, cash box and its |
15 | contents, counting room or its equipment or slot machine |
16 | or table game operations. |
17 | * * * |
18 | Section 10. Section 1518(a)(2), (3), (4), (5), (11) and (13) |
19 | and (c)(1)(v) and (3) of Title 4 are amended and subsection (a) |
20 | is amended by adding a paragraph to read: |
21 | § 1518. Prohibited acts; penalties. |
22 | (a) Criminal offenses.-- |
23 | * * * |
24 | (2) It shall be unlawful for a person to willfully: |
25 | (i) fail to report, pay or truthfully account for |
26 | and pay over any license fee, authorization fee, tax or |
27 | assessment imposed under this part; or |
28 | (ii) attempt in any manner to evade or defeat any |
29 | license fee, authorization fee, tax or assessment imposed |
30 | under this part. |
|
1 | (3) It shall be unlawful for any licensed entity, gaming |
2 | employee, key employee or any other person to permit a slot |
3 | machine or table game to be operated, transported, repaired |
4 | or opened on the premises of a licensed facility by a person |
5 | other than a person licensed or permitted by the board |
6 | pursuant to this part. |
7 | (4) It shall be unlawful for any licensed entity or |
8 | other person to manufacture, supply or place slot machines or |
9 | table games into play or display slot machines or table games |
10 | on the premise of a licensed facility without the authority |
11 | of the board. |
12 | (5) Except as provided for in section 1326 (relating to |
13 | license renewals), it shall be unlawful for a licensed entity |
14 | or other person to manufacture, supply, operate, carry on or |
15 | expose for play any slot machine or table game after the |
16 | person's license has expired and prior to the actual renewal |
17 | of the license. |
18 | * * * |
19 | (7.1) It shall be unlawful for an individual to use or |
20 | possess counterfeit or altered chips or plaques or other |
21 | cheating devices in the conduct of table gaming, except that |
22 | an authorized employee of a licensee or an authorized |
23 | employee of the board may possess and use counterfeit chips |
24 | or plaques or other cheating devices in performance of the |
25 | duties of employment for training or testing purposes only. |
26 | * * * |
27 | (11) It shall be unlawful for a licensed gaming entity |
28 | that is a licensed racing entity and that has lost the |
29 | license issued to it by either the State Horse Racing |
30 | Commission or the State Harness Racing Commission under the |
|
1 | Race Horse Industry Reform Act or that has had that license |
2 | suspended to operate slot machines or table games at the |
3 | racetrack for which its slot machine license was issued |
4 | unless the license issued to it by either the State Horse |
5 | Racing Commission or the State Harness Racing Commission will |
6 | be subsequently reissued or reinstated within 30 days after |
7 | the loss or suspension. |
8 | * * * |
9 | (13) It shall be unlawful for any person under 18 years |
10 | of age to be permitted in the area of a licensed facility |
11 | where slot machines or table games are operated. |
12 | * * * |
13 | (c) Board-imposed administrative sanctions.-- |
14 | (1) In addition to any other penalty authorized by law, |
15 | the board may impose without limitation the following |
16 | sanctions upon any licensee or permittee: |
17 | * * * |
18 | (v) Suspend the license of any licensed gaming |
19 | entity for violation of or attempting to violate any |
20 | provisions of this part or regulations promulgated under |
21 | this part relating to its slot machine or table games |
22 | operations. |
23 | * * * |
24 | (3) In addition to any other fines or penalties that the |
25 | board may impose under this part or regulation, if a person |
26 | violates subsection (a)(2), the board shall impose an |
27 | administrative penalty of three times the amount of the |
28 | license fee, authorization fee, tax or other assessment |
29 | evaded and not paid, collected or paid over. This subsection |
30 | is subject to 2 Pa.C.S. Chs. 5 Subch. A and 7 Subch. A. |
|
1 | Section 11. Section 1522 of Title 4 is amended to read: |
2 | § 1522. Interception of oral communications. |
3 | The interception and recording of oral communications made in |
4 | a [counting] count room of a licensed facility by a licensee |
5 | shall not be subject to the provisions of 18 Pa.C.S. Ch. 57 |
6 | (relating to wiretapping and electronic surveillance). Notice |
7 | that oral communications are being intercepted and recorded |
8 | shall be posted conspicuously in the [counting] count room. |
9 | Section 12. This act shall take effect in 60 days. |
10 | Section 1. Section 1102 of Title 4 of the Pennsylvania | <-- |
11 | Consolidated Statutes is amended by adding paragraphs to read: |
12 | § 1102. Legislative intent. |
13 | The General Assembly recognizes the following public policy |
14 | purposes and declares that the following objectives of the |
15 | Commonwealth are to be served by this part: |
16 | * * * |
17 | (2.1) The legalization of table games as authorized in |
18 | this part is intended to supplement slot machine gaming by |
19 | increasing revenues to the Commonwealth and providing new |
20 | employment opportunities by creating skilled jobs for |
21 | individuals related to the conduct of table games at licensed |
22 | facilities in this Commonwealth. |
23 | * * * |
24 | (12) It is the intent of the General Assembly to |
25 | authorize the operation of slot machines and table games |
26 | under a single slot machine license issued to a slot machine |
27 | licensee under this part. |
28 | (13) The expansion of gaming in this Commonwealth |
29 | requires an enhanced awareness of compulsive and problem |
30 | gambling and the need to develop and implement effective |
|
1 | strategies for prevention, assessment and treatment of this |
2 | behavioral disorder. Research indicates, for some |
3 | individuals, that compulsive and problem gambling overlaps |
4 | with drug and/or alcohol addiction. Therefore, the General |
5 | Assembly intends to establish an approach to compulsive and |
6 | problem gambling prevention, assessment and treatment that |
7 | will ensure the provision of adequate resources to identify, |
8 | assess and treat compulsive and problem gambling and drug |
9 | and/or alcohol addiction. |
10 | Section 2. The definitions of "associated equipment," |
11 | "cheat," "conduct of gaming," "gaming employee," "key employee," |
12 | "licensed facility," "manufacturer," "manufacturer license," |
13 | "slot machine license," "slot machine licensee," "supplier" and |
14 | "supplier license" in section 1103 of Title 4 are amended and |
15 | the section is amended by adding definitions to read: |
16 | § 1103. Definitions. |
17 | The following words and phrases when used in this part shall |
18 | have the meanings given to them in this section unless the |
19 | context clearly indicates otherwise: |
20 | * * * |
21 | "Associated equipment." Any equipment or mechanical, |
22 | electromechanical or electronic contrivance, component or |
23 | machine used in connection with [gaming] slot machines or table |
24 | games, including linking devices which connect to progressive |
25 | slot machines or slot machines, replacement parts, equipment |
26 | which affects the proper reporting and counting of gross |
27 | terminal revenue and gross table game revenue, computerized |
28 | systems for controlling and monitoring slot machines or table |
29 | games, including, but not limited to, the central control |
30 | computer to which all slot machines communicate and devices for |
|
1 | weighing or counting money. |
2 | * * * |
3 | "Banking game." Any table game in which players compete |
4 | against a certificate holder rather than against one another. |
5 | * * * |
6 | "Cash." United States currency and coin. |
7 | "Cash equivalent." An asset that is readily convertible to |
8 | cash, including, but not limited to, any of the following: |
9 | (1) Chips, tokens or other representations of value. |
10 | (2) Travelers checks. |
11 | (3) Foreign currency and coin. |
12 | (4) Certified checks, cashier's checks and money orders. |
13 | (5) Personal checks or drafts. |
14 | (6) A negotiable instrument applied against credit |
15 | extended by a certificate holder, a recognized credit card |
16 | company or a financial institution. |
17 | (7) Any other instrument that the Pennsylvania Gaming |
18 | Control Board deems a cash equivalent. Other than recognized |
19 | credit cards or credit extended by a certificate holder, all |
20 | instruments that constitute a cash equivalent shall be made |
21 | payable to the slot machine licensee, to the bearer or to |
22 | cash. An instrument made payable to a third party shall not |
23 | be considered a cash equivalent and shall be prohibited. |
24 | * * * |
25 | "Certificate holder." A slot machine licensee that holds a |
26 | table games operation certificate awarded by the board under |
27 | Chapter 13A (relating to table games). |
28 | "Cheat." To defraud or steal from a patron, slot machine |
29 | licensee or the Commonwealth while playing a slot machine or |
30 | table game, including causing, aiding, abetting or conspiring |
|
1 | with another to do so. The term shall also mean to unlawfully |
2 | alter [without authorization] the elements of chance, skill, |
3 | method of selection or criteria which determine: |
4 | (1) The result of a slot machine game or table game. |
5 | (2) The amount or frequency of payment in a slot machine |
6 | game or table game. |
7 | (3) The value of a wagering instrument. |
8 | (4) The value of a wagering credit. |
9 | The term does not include altering [for required maintenance and |
10 | repair] a slot machine, table games device or associated |
11 | equipment for maintenance or repair with the approval of the |
12 | slot machine licensee. |
13 | "Cheating or thieving device." A device used or possessed |
14 | with the intent to be used, to cheat during the play of any slot |
15 | machine or table game. The term shall also include any device |
16 | used to alter slot machines or table games devices without the |
17 | slot machine licensee's or certificate holder's approval. |
18 | "Chip." A representation of value, including plaques, issued |
19 | by a certificate holder in exchange for cash or cash equivalent |
20 | and for use in playing a table game at the certificate holder's |
21 | licensed facility and redeemable with the issuing certificate |
22 | holder. |
23 | * * * |
24 | "Conduct of gaming." The licensed placement and operation of |
25 | [games of chance] slot machine and table games under this part, |
26 | as authorized and approved by the Pennsylvania Gaming Control |
27 | Board at a licensed facility. |
28 | "Contest." A table game competition among players for a |
29 | prize, whether or not the prize is a specified amount of money |
30 | or players are required to pay consideration to participate in |
|
1 | the competition. |
2 | * * * |
3 | "Count room." A secured room at a licensed facility |
4 | designated for counting, wrapping and recording of slot machine |
5 | and table game receipts. |
6 | "Counterfeit chips." Any chip or similar object not issued |
7 | by a certificate holder in exchange for cash or cash equivalents |
8 | for use in playing table games. |
9 | * * * |
10 | "Gaming employee." Any employee of a slot machine licensee, |
11 | including, but not limited to: |
12 | (1) Cashiers. |
13 | (2) Change personnel. |
14 | (3) [Counting] Count room personnel. |
15 | (4) Slot attendants. |
16 | (5) Hosts or other persons authorized to extend |
17 | complimentary services. |
18 | (6) Machine mechanics [or], computer machine technicians |
19 | or table games device technicians. |
20 | (7) Security personnel. |
21 | (8) Surveillance personnel. |
22 | (9) Supervisors and managers. |
23 | (10) Boxmen. |
24 | (11) Dealers or croupiers. |
25 | (12) Floormen. |
26 | (13) Supervisors or personnel authorized to issue |
27 | promotional play. |
28 | (14) Supervisors and personnel authorized to issue |
29 | credit. |
30 | The term includes employees of a person holding a supplier's |
|
1 | license whose duties are directly involved with the repair or |
2 | distribution of slot machines, table games devices and |
3 | associated equipment sold or provided to [the] a licensed |
4 | facility within this Commonwealth as determined by the |
5 | Pennsylvania Gaming Control Board. The term does not include |
6 | bartenders, cocktail servers or other persons engaged solely in |
7 | preparing or serving food or beverages, clerical or secretarial |
8 | personnel, parking attendants, janitorial, stage, sound and |
9 | light technicians and other nongaming personnel as determined by |
10 | the board. |
11 | "Gaming junket." An arrangement made by a gaming junket |
12 | representative for an individual who is all of the following: |
13 | (1) Selected or approved for participation in the |
14 | arrangement based on the individual's ability to satisfy |
15 | specific financial qualifications. |
16 | (2) Likely to participate in slot machines and table |
17 | games and to patronize a licensed facility for the purpose of |
18 | gaming. |
19 | (3) Receives as consideration for participation in the |
20 | arrangement part or all of the costs of transportation, food, |
21 | lodging or entertainment which are directly or indirectly |
22 | paid by a slot machine licensee or an agent or an employee of |
23 | a slot machine licensee. |
24 | "Gaming junket enterprise." A person, other than a slot |
25 | machine licensee, who employs or otherwise engages the services |
26 | of a gaming junket representative to arrange gaming junkets to a |
27 | licensed facility, regardless of whether the activities of the |
28 | gaming junket enterprise occur within this Commonwealth. |
29 | "Gaming junket representative." An individual who is not an |
30 | employee of a slot machine licensee who arranges and negotiates |
|
1 | the terms of a gaming junket or selects individuals to |
2 | participate in a gaming junket at a licensed facility, |
3 | regardless of whether the activities of the gaming junket |
4 | representative occur within this Commonwealth. |
5 | "Gaming school." Any educational institution approved by the |
6 | the Department of Education as a regionally accredited college |
7 | or university, community college, Pennsylvania private licensed |
8 | school or its equivalent which is approved by the Pennsylvania |
9 | Gaming Control Board in consultation with the Department of |
10 | Education to provide education and training related to |
11 | employment opportunities associated with slot machines or table |
12 | games, including slot machine, table games device and associated |
13 | equipment maintenance and repair. |
14 | "Gaming service provider." A person who provides goods or |
15 | services to a slot machine applicant or licensee or who provides |
16 | goods or services at a licensed facility and who is not required |
17 | to be licensed as a manufacturer, manufacturer designee, |
18 | supplier, management company or gaming junket enterprise. |
19 | "Gross table game revenue." The total of: |
20 | (1) Cash or cash equivalents received in the playing of |
21 | a table game minus the total of: |
22 | (i) Cash or cash equivalents paid out to patrons as |
23 | a result of playing a table game. |
24 | (ii) Cash paid to purchase annuities to fund prizes |
25 | payable to players over a period of time as a result of |
26 | playing a table game. |
27 | (iii) The actual cost paid by a certificate holder |
28 | for any personal property distributed to a player as a |
29 | result of playing a table game. This does not include |
30 | travel expenses, food, refreshments, lodging or services. |
|
1 | (2) All table game contest or tournament fees. Table |
2 | game contest or tournament fees shall be calculated as all |
3 | fees or payments, including entry fees, buy-ins, re-buys and |
4 | administrative fees, imposed by a certificate holder to |
5 | participate in a table game contest or tournament less cash |
6 | or actual cost paid by a certificate holder for prizes |
7 | awarded to tournament or contest winners. |
8 | (3) The total amount of the rake collected by a |
9 | certificate holder each day. |
10 | The term does not include counterfeit money or chips; coins or |
11 | currency of other countries received in the playing of a table |
12 | game, except to the extent that they are readily convertible to |
13 | United States currency; or cash taken in a fraudulent act |
14 | perpetrated against a certificate holder for which the |
15 | certificate holder is not reimbursed. |
16 | * * * |
17 | "Hotel." One or more buildings owned or operated by a |
18 | certificate holder that is a Category 1 or Category 2 slot |
19 | machine licensee which is attached to, physically connected to |
20 | or adjacent to the certificate holder's licensed facility and |
21 | available to the public to obtain sleeping accommodations. |
22 | * * * |
23 | "Key employee." Any individual who is employed in a director |
24 | or department head capacity and who is empowered to make |
25 | discretionary decisions that regulate slot machine or table game |
26 | operations, including the general manager and assistant manager |
27 | of the licensed facility, director of slot operations, director |
28 | of table games, pit supervisors, shift supervisors, credit |
29 | supervisors, cashier supervisors, table game managers and |
30 | assistant managers, director of cage and/or credit operations, |
|
1 | director of surveillance, director of marketing, director of |
2 | management information systems, director of security, |
3 | comptroller and any employee who supervises the operations of |
4 | these departments or to whom these department directors or |
5 | department heads report and such other positions which the |
6 | Pennsylvania Gaming Control Board shall determine based on |
7 | detailed analyses of job descriptions as provided in the |
8 | internal controls of the licensee as approved by the |
9 | Pennsylvania Gaming Control Board. All other gaming employees |
10 | unless otherwise designated by the Pennsylvania Gaming Control |
11 | Board shall be classified as non-key employees. |
12 | * * * |
13 | "Licensed facility." The physical land-based location at |
14 | which a licensed gaming entity is authorized to place and |
15 | operate slot machines and, if authorized by the Pennsylvania |
16 | Gaming Control Board under Chapter 13A (relating to table |
17 | games), to conduct table games. The term includes any area of a |
18 | licensed racetrack previously authorized pursuant to section |
19 | 1207(17) (relating to regulatory authority of board) to operate |
20 | slot machines, any area of a hotel which the Pennsylvania Gaming |
21 | Control Board determines is suitable to conduct table games or a |
22 | temporary facility approved by the board. |
23 | * * * |
24 | "Manufacturer." A person who manufactures, builds, rebuilds, |
25 | fabricates, assembles, produces, programs, designs or otherwise |
26 | makes modifications to any slot machine, table games device or |
27 | associated equipment for use or play of slot machines or table |
28 | games in this Commonwealth for gaming purposes. |
29 | "Manufacturer license." A license issued by the Pennsylvania |
30 | Gaming Control Board authorizing a manufacturer to manufacture |
|
1 | or produce slot machines, table games devices or associated |
2 | equipment for use in this Commonwealth for gaming purposes. |
3 | * * * |
4 | "Municipal authority." A body politic and corporate created |
5 | under the former act of June 28, 1935 (P.L.463, No.191), known |
6 | as the Municipality Authorities Act of 1935, the former act of |
7 | May 2, 1995 (P.L.382, No.164), known as the Municipality |
8 | Authorities Act of 1945 or the act of July 29, 1953 (P.L.1034, |
9 | No.270), known as the Public Auditorium Authorities Law. |
10 | * * * |
11 | "Nonbanking game." Any table game in which players compete |
12 | against one another and in which the certificate holder collects |
13 | a rake. |
14 | * * * |
15 | "Party." The Pennsylvania Gaming Control Board, the Bureau |
16 | of Investigations and Enforcement of the Pennsylvania Gaming |
17 | Control Board or any applicant, licensee, permittee, registrant |
18 | or other person appearing of record in any proceeding before the |
19 | board or in any proceeding for judicial review of any action, |
20 | decision or order of the board. |
21 | * * * |
22 | "Rake." A set fee or percentage assessed by a certificate |
23 | holder for providing the services of a dealer, table or location |
24 | for playing any nonbanking game. |
25 | * * * |
26 | "Supplier." A person that sells, leases, offers or otherwise |
27 | provides, distributes or services any slot machine, table games |
28 | device or associated equipment for use or play of slot machines |
29 | or table games in this Commonwealth. |
30 | "Supplier license." A license issued by the Pennsylvania |
|
1 | Gaming Control Board authorizing a supplier to provide products |
2 | or services related to slot machines, table games devices or |
3 | associated equipment to slot machine licensees. |
4 | * * * |
5 | "Suspicious transaction." The acceptance or redeeming of |
6 | cash or cash equivalents involving or aggregating $5,000 or more |
7 | if the slot machine licensee or person knows or has reason to |
8 | believe the transaction: |
9 | (1) involves funds derived from illegal activities or is |
10 | intended or conducted in order to conceal or disguise funds |
11 | or assets derived from illegal activities; |
12 | (2) is part of a plan to violate or evade any law or |
13 | regulation or to avoid any transaction reporting requirement |
14 | under the law or regulations of this Commonwealth or the |
15 | United States, including a plan to structure a series of |
16 | transactions to avoid any transaction reporting requirement |
17 | under the laws or regulations of this Commonwealth or the |
18 | United States; or |
19 | (3) has no lawful business or other apparent lawful |
20 | purpose or is not the sort of transaction in which a person |
21 | would normally be expected to engage and the slot machine |
22 | licensee or person knows of no reasonable explanation for the |
23 | transaction after examining the available facts, including |
24 | the background and possible purpose of the transaction. |
25 | "Table game." Any banking, nonbanking or percentage game. |
26 | The term includes roulette, baccarat, blackjack, poker, craps, |
27 | big six wheel, red dog, pai gow, casino war, sic bo and any |
28 | other banking, nonbanking or percentage game. The term shall |
29 | also include any table game authorized for use in a licensed |
30 | facility that is used for gaming contests or tournaments in |
|
1 | which players compete against one another. The term shall not |
2 | include: |
3 | (1) Lottery games of the Pennsylvania State Lottery as |
4 | authorized under the act of August 26, 1971 (P.L.351, No.91), |
5 | known as the State Lottery Law. |
6 | (2) Bingo as authorized under the act of July 10, 1981 |
7 | (P.L.214, No.67), known as the Bingo Law. |
8 | (3) Pari-mutuel betting on the outcome of thoroughbred |
9 | or harness horse racing as authorized under the act of |
10 | December 17, 1981 (P.L.435, No.135), known as the Race Horse |
11 | Industry Reform Act. |
12 | (4) Small games of chance as authorized under the act of |
13 | December 19, 1988 (P.L.1262, No.156), known as the Local |
14 | Option Small Games of Chance Act. |
15 | (5) Slot machine gaming and progressive slot machine |
16 | gaming as defined and authorized under this part. |
17 | (6) Keno. |
18 | "Table games device." Includes gaming tables, cards, dice, |
19 | chips, shufflers, tiles, dominoes, wheels, drop boxes or any |
20 | mechanical or electrical contrivance, terminal, machine or other |
21 | device, apparatus, equipment or supplies approved by the |
22 | Pennsylvania Gaming Control Board and used to conduct a table |
23 | game. |
24 | "Table games operation certificate" or "certificate." A |
25 | certificate issued by the Pennsylvania Gaming Control Board |
26 | under Chapter 13A (relating to table games) that authorizes a |
27 | slot machine licensee to conduct table games in accordance with |
28 | this part. |
29 | "Tournament." A series of table game contests. |
30 | * * * |
|
1 | Section 3. Section 1201(h)(11) of Title 4 is amended to |
2 | read: |
3 | § 1201. Pennsylvania Gaming Control Board established. |
4 | * * * |
5 | (h) Qualifications and restrictions.-- |
6 | * * * |
7 | (11) No member, employee or independent contractor of |
8 | the board shall accept a complimentary service, wager or be |
9 | paid any prize from any wager at any licensed facility within |
10 | this Commonwealth or at any other facility outside this |
11 | Commonwealth which is owned or operated by a licensed gaming |
12 | entity or any of its affiliates, intermediaries, subsidiaries |
13 | or holding companies thereof for the duration of their term |
14 | of office, employment or contract with the board and for a |
15 | period of one year from the termination of term of office, |
16 | employment or contract with the board. The provisions of this |
17 | paragraph shall not apply [to] when employees [who] or |
18 | independent contractors of the board utilize slot machines or |
19 | table games devices for testing purposes or to verify the |
20 | performance of a machine or table game as part of an |
21 | enforcement investigation. |
22 | * * * |
23 | Section 4. Section 1202(a)(1) and (b)(20) and (23) of Title |
24 | 4 are amended and subsection (b) is amended by adding paragraphs |
25 | to read: |
26 | § 1202. General and specific powers. |
27 | (a) General powers.-- |
28 | (1) The board shall have general and sole regulatory |
29 | authority over the conduct of gaming or related activities as |
30 | described in this part. The board shall ensure the integrity |
|
1 | of the acquisition and operation of slot machines, table |
2 | games, table games devices and associated equipment and shall |
3 | have sole regulatory authority over every aspect of the |
4 | authorization and operation of slot machines and table games. |
5 | * * * |
6 | (b) Specific powers.--The board shall have the specific |
7 | power and duty: |
8 | * * * |
9 | (12.1) At its discretion, to issue, approve, renew, |
10 | revoke, suspend, condition or deny issuance or renewal of a |
11 | table games operation certificate to a slot machine licensee |
12 | in accordance with Chapter 13A (relating to table games). |
13 | * * * |
14 | (20) In addition to the power of the board regarding |
15 | license and permit applicants, to determine at its discretion |
16 | the suitability of any person who furnishes or seeks to |
17 | furnish to a slot machine licensee directly or indirectly any |
18 | services or property related to slot machines, table games or |
19 | associated equipment or through any arrangements under which |
20 | that person receives payment based directly or indirectly on |
21 | earnings, profits or receipts from the slot machines, table |
22 | games and associated equipment. The board may require any |
23 | such person to comply with the requirements of this part and |
24 | the regulations of the board and may prohibit the person from |
25 | furnishing the services or property. |
26 | * * * |
27 | (23) The board shall not issue or renew a license, |
28 | certificate or permit unless it is satisfied that the |
29 | applicant is a person of good character, honesty and |
30 | integrity and is a person whose prior activities, criminal |
|
1 | record, if any, reputation, habits and associations do not |
2 | pose a threat to the public interest or the effective |
3 | regulation and control of slot machine or table game |
4 | operations or create or enhance the danger of unsuitable, |
5 | unfair or illegal practices, methods and activities in the |
6 | conduct of slot machine or table game operations or the |
7 | carrying on of the business and financial arrangements |
8 | incidental thereto. |
9 | * * * |
10 | (27.1) To publish each January in the Pennsylvania |
11 | Bulletin and on the Pennsylvania Gaming Control Board's |
12 | Internet website a complete list of all slot machine |
13 | licensees who filed a petition seeking authorization to |
14 | conduct table games and the status of each petition or table |
15 | games operation certificate. |
16 | * * * |
17 | Section 5. Section 1204 of Title 4 is amended to read: |
18 | § 1204. Licensed gaming entity application appeals from board. |
19 | The Supreme Court of Pennsylvania shall be vested with |
20 | exclusive appellate jurisdiction to consider appeals of any |
21 | final order, determination or decision of the board involving |
22 | the approval, issuance, denial or conditioning of a slot machine |
23 | license or table games operation certificate. Notwithstanding |
24 | the provisions of 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial |
25 | review of Commonwealth agency action) and 42 Pa.C.S. § 763 |
26 | (relating to direct appeals from government agencies), the |
27 | Supreme Court shall affirm all final orders, determinations or |
28 | decisions of the board involving the approval, issuance, denial |
29 | or conditioning of a slot machine license or table games |
30 | operation certificate unless it shall find that the board |
|
1 | committed an error of law or that the order, determination or |
2 | decision of the board was arbitrary and there was a capricious |
3 | disregard of the evidence. |
4 | Section 5.1. Section 1207(4), (8) and (14) of Title 4 are |
5 | amended and the section is amended by adding a |
6 | paragraph to read: |
7 | § 1207. Regulatory authority of board. |
8 | The board shall have the power and its duties shall be to: |
9 | * * * |
10 | (4) Require that each licensed entity provide to the |
11 | board its audited annual financial statements, with such |
12 | additional detail as the board from time to time shall |
13 | require, which information shall be submitted not later than |
14 | [60] 90 days after the end of the licensee's fiscal year. |
15 | * * * |
16 | (7.1) Enforce prescribed hours for the operation of |
17 | table games so that the certificate holder may conduct table |
18 | games on any day during the year in order to meet the needs |
19 | of patrons or to meet competition. |
20 | (8) Require that each licensed gaming entity prohibit |
21 | persons under 21 years of age from operating or using slot |
22 | machines or playing table games. |
23 | * * * |
24 | (14) Consult with members of the Pennsylvania State |
25 | Police, the Office of Attorney General, the department and |
26 | such other persons it deems necessary for advice regarding |
27 | the various aspects of the powers and duties imposed on it |
28 | under this part and its jurisdiction over the authorization |
29 | and operation of slot machines, table games and licensed |
30 | facilities. |
|
1 | * * * |
2 | Section 5.2. Section 1208(1) and 1210 of Title 4 are amended |
3 | to read: |
4 | § 1208. Collection of fees and fines. |
5 | The board has the following powers and duties: |
6 | (1) To levy and collect fees from the various |
7 | applicants, licensees and permittees to fund the operations |
8 | of the board. [The] Except as otherwise specifically provided |
9 | in section 1361A(a) (relating to table game authorization |
10 | fee), fees shall be deposited into the State Gaming Fund as |
11 | established in section 1403 (relating to establishment of |
12 | State Gaming Fund and net slot machine revenue distribution) |
13 | and distributed to the board upon appropriation by the |
14 | General Assembly. In addition to the fees set forth in |
15 | sections 1209 (relating to slot machine license fee) and 1305 |
16 | (relating to Category 3 slot machine license), the board |
17 | shall assess and collect fees as follows: |
18 | (i) Supplier licensees shall pay [a]: |
19 | (A) A fee of $25,000 upon the issuance of a |
20 | license [and $10,000 for the annual renewal of a |
21 | supplier license.] to supply slot machines or |
22 | associated equipment used in connection with slot |
23 | machines. |
24 | (B) A fee of $25,000 upon the issuance of a |
25 | license to supply table games devices or associated |
26 | equipment used in connection with table games or |
27 | table games devices for a manufacturer of table games |
28 | devices or associated equipment used in connection |
29 | with table games or table games devices. |
30 | (C) A fee of $15,000 for the annual renewal of |
|
1 | the appropriate supplier license. |
2 | (D) Notwithstanding the fees established under |
3 | clauses (B) and (C), the board may modify the fees |
4 | upon the board's determination the fees will |
5 | unreasonably limit the availability of table games |
6 | devices or associated equipment used in connection |
7 | with table games or table games devices in this |
8 | Commonwealth. |
9 | (ii) Manufacturer licensees shall pay [a]: |
10 | (A) A fee of $50,000 upon the issuance of a |
11 | license [and $25,000 for the annual renewal of a |
12 | manufacturer license.] to manufacture slot machines |
13 | and associated equipment used in connection with slot |
14 | machines. |
15 | (B) A fee of $50,000 upon the issuance of a |
16 | license to manufacture table games devices or |
17 | associated equipment used in connection with table |
18 | games or table games devices. |
19 | (C) A manufacturer licensee shall pay an annual |
20 | fee of $30,000 for the annual renewal of the |
21 | appropriate manufacturer license. |
22 | (D) Notwithstanding the fees established under |
23 | clauses (B) and (C), the board may modify the fees |
24 | upon the board's determination the fees will |
25 | unreasonably limit the availability of table games |
26 | devices or associated equipment used in connection |
27 | with table games or table games devices in this |
28 | Commonwealth. |
29 | (iii) Each application for a slot machine license, |
30 | supplier license or manufacturer license must be |
|
1 | accompanied by a nonrefundable fee set by the board for |
2 | the cost of each individual requiring a background |
3 | investigation. The reasonable and necessary costs and |
4 | expenses incurred in any background investigation or |
5 | other investigation or proceeding concerning any |
6 | applicant, licensee, permittee or registrant shall be |
7 | reimbursed to the board by those persons. |
8 | * * * |
9 | § 1210. Number of slot machines. |
10 | (a) Initial complement.--Except as provided for Category 3 |
11 | slot machine licensees under section 1305 (relating to Category |
12 | 3 slot machine license), all slot machine licensees shall be |
13 | permitted to operate up to 3,000 slot machines at any one |
14 | licensed facility and shall be required to operate and make |
15 | available to play a minimum of 1,500 machines at any one |
16 | licensed facility within one year of the issuance by the board |
17 | of a slot machine license unless otherwise extended by the |
18 | board, upon application and for good cause shown, for an |
19 | additional period not to exceed 24 months and thereafter. |
20 | (b) Additional slot machines.--Except as provided for |
21 | Category 3 slot machine licensees under section 1305, six months |
22 | following the date of commencement of slot machine operations, |
23 | the board may permit a slot machine licensee to install and |
24 | operate up to 2,000 additional slot machines at its licensed |
25 | facility, beyond those machines authorized under subsection (a), |
26 | upon application by the slot machine licensee. The board, in |
27 | considering such an application, shall take into account the |
28 | appropriateness of the physical space where the additional slot |
29 | machines will be located and the convenience of the public |
30 | attending the facility. The board may also take into account the |
|
1 | potential benefit to economic development, employment and |
2 | tourism, enhanced revenues to the Commonwealth and other |
3 | economic indicators it deems applicable in making its decision. |
4 | [(c) Limitation.--For the two and one-half years following |
5 | the beginning of slot machine operations at the licensed |
6 | facility, no licensed gaming entity may make available for play |
7 | by its patrons at its licensed facility more than 50% of slot |
8 | machines from the same manufacturer or its affiliate, |
9 | intermediary, subsidiary or holding company. The provisions of |
10 | this subsection shall not apply to machines purchased pursuant |
11 | to a contract or order executed by a conditional Category 1 or |
12 | Category 1 slot machine licensee prior to October 20, 2006.] |
13 | Section 5.3. Section 1211(a) of Title 4 is amended and the |
14 | section is amended by adding subsections to read: |
15 | § 1211. Reports of board. |
16 | (a) Report of board.--Eighteen months after the effective |
17 | date of this part and every year on that date thereafter, the |
18 | board shall issue a report to the Governor and each member of |
19 | the General Assembly on the general operation of the board and |
20 | each slot machine licensee's performance, including, but not |
21 | limited to, number and win per slot machine at each licensed |
22 | [facilities] facility during the previous year, all taxes, fees, |
23 | fines and other revenues collected and, where appropriate, |
24 | disbursed, the costs of operation of the board, all hearings |
25 | conducted and the results of the hearings and other information |
26 | that the board deems necessary and appropriate. |
27 | (a.1) Additional reporting requirements.--No later than 12 |
28 | months after the effective date of this subsection and every |
29 | year thereafter, the annual report submitted by the board shall |
30 | include information on the conduct of table games as follows: |
|
1 | (1) Total gross table game revenue. |
2 | (2) The number and win by type of table game at each |
3 | licensed facility during the previous year. |
4 | (3) All taxes, fees, fines and other revenue collected |
5 | and where appropriate revenue disbursed during the previous |
6 | year. The department shall collaborate with the board to |
7 | carry out the requirements of this paragraph. |
8 | (4) Information as requested by the board to enable the |
9 | board to complete the report required under this subsection |
10 | which shall be provided by a licensed facility if requested |
11 | by the board. |
12 | (a.2) Facility responsibility.--Each Category 1 licensed |
13 | facility shall provide: |
14 | (1) An annual report to the board and to the respective |
15 | racing commission as to how the introduction and expansion of |
16 | enhanced gaming has fulfilled the intent of this part to |
17 | enhance live racing and breeding in this Commonwealth. |
18 | (2) Plans to promote live handle and daily attendance at |
19 | the racetrack in the subsequent year. |
20 | (a.3) Expenses.--(Reserved). |
21 | * * * |
22 | Section 5.4. Section 1212 of Title 4 is amended to read: |
23 | § 1212. Diversity goals of board. |
24 | (a) Intent.--It is the intent and goal of the General |
25 | Assembly that the board promote and ensure diversity in all |
26 | aspects of the gaming activities authorized under this part. The |
27 | board shall work to enhance the representation of diverse groups |
28 | in [the]: |
29 | (1) The ownership[, participation and operation] of |
30 | licensed entities and licensed facilities in this |
|
1 | Commonwealth [and through the]. |
2 | (2) The ownership[, participation and operation] of |
3 | business enterprises associated with or utilized by licensed |
4 | entities and licensed facilities and through the provision of |
5 | goods and services utilized by slot machine licensees under |
6 | this part. |
7 | (3) The operation of licensed entities and licensed |
8 | facilities and the conduct of gaming in this Commonwealth by |
9 | ensuring licensed entities and licensed facilities promote |
10 | the participation of diverse groups by affording equal access |
11 | to employment opportunities, including key employee, gaming |
12 | employee and nongaming employee positions. |
13 | (4) The operation of business enterprises associated |
14 | with or utilized by licensed entities and licensed facilities |
15 | including business enterprises that provide goods and |
16 | services utilized by slot machine licensees in this |
17 | Commonwealth by ensuring these business enterprises promote |
18 | the participation of diverse groups by affording equal access |
19 | to employment opportunities. |
20 | (5) The construction, renovation or reconstruction of a |
21 | licensed facility by ensuring that all contracts and |
22 | subcontracts to be awarded relating to the construction, |
23 | renovation or reconstruction of a licensed facility contain |
24 | adequate provisions ensuring all contractors or |
25 | subcontractors, including any assignees, will promote the |
26 | participation of diverse groups in any proposed construction, |
27 | renovation or reconstruction project by affording equal |
28 | access to employment opportunities. |
29 | (6) The rendering of professional services to licensed |
30 | entities and licensed facilities by ensuring licensed |
|
1 | entities and licensed facilities promote the participation of |
2 | diverse groups by affording equal access to professional |
3 | service contractual opportunities. |
4 | (b) Investigations.--The board is authorized to investigate |
5 | and conduct an annual study to ascertain whether effective and |
6 | meaningful action has been taken or will be taken to enhance the |
7 | representation of diverse groups [in the ownership, |
8 | participation and operation of licensed facilities in this |
9 | Commonwealth, through the ownership and operation of business |
10 | enterprises associated with or utilized by slot machine |
11 | licensees, through the provision of goods and services utilized |
12 | by slot machine licensees and through employment opportunities] |
13 | as set forth in subsection (a). |
14 | (c) Completion of investigation.--The first study shall be |
15 | completed six months following the effective date of this part, |
16 | if practically possible, and annually thereafter and shall |
17 | contain recommendations which the board determines appropriate. |
18 | Each study shall contain, at a minimum: |
19 | (1) A descriptive summary of the board's efforts to |
20 | promote and ensure diversity in all aspects of its operation. |
21 | (2) A descriptive summary of the following relating to |
22 | each licensed facility: |
23 | (i) Employment and salary range information. |
24 | (ii) Employee recruitment and retention programs |
25 | designed to ensure the participation of diverse groups in |
26 | employment positions at the licensed facility. |
27 | (iii) Minority-owned business enterprise and women- |
28 | owned business enterprise contracting and subcontracting |
29 | data. |
30 | (d) Slot machine licensee's responsibility.-–Each slot |
|
1 | machine licensee shall provide information as requested by the |
2 | board to enable the board to complete the study required under |
3 | subsection (c). |
4 | (e) Definitions.--As used in this section, the term |
5 | "professional services" means those services rendered to a |
6 | licensed entity or licensed facility in this Commonwealth, |
7 | including, but not limited to: |
8 | (1) Legal services. |
9 | (2) Advertising or public relations services. |
10 | (3) Engineering services. |
11 | (4) Architectural, landscaping or surveying services. |
12 | (5) Accounting, auditing or actuarial services. |
13 | (6) Security consultant services. |
14 | (7) Computer and information technology services, except |
15 | telephone service. |
16 | Section 5.5. Title 4 is amended by adding a section to read: |
17 | § 1214. Specific authority to suspend slot machine license. |
18 | (a) Conditions.--Any slot machine licensee that is required |
19 | as a condition of slot machine licensure to make annual or semi- |
20 | annual payments to a municipality or municipal authority for an |
21 | economic development project, including any project enumerated |
22 | in the act of July 25, 2007 (P.L.342, No.53), known as |
23 | Pennsylvania Gaming Economic Development and Tourism Fund |
24 | Capital Budget Itemization Act of 2007, shall enter into a |
25 | written agreement with the municipality or municipal authority |
26 | and make the first annual or semi-annual payment required under |
27 | the agreement by October 25, 2009. |
28 | (b) Failure to meet conditions.--If the slot machine |
29 | licensee and the municipality or municipal authority fail to |
30 | enter into a written agreement, and the slot machine licensee |
|
1 | fails to make the first required annual or semi-annual payment |
2 | by October 25, 2009, in an amount agreed to by the municipality |
3 | or the municipal authority, the board shall immediately suspend |
4 | the slot machine license and appoint a trustee to oversee the |
5 | operations of the licensed gaming entity. The trustee shall |
6 | immediately remit the first required annual or semi-annual |
7 | payment to the municipality or municipal authority on behalf of |
8 | the slot machine licensee. The trustee shall establish an |
9 | account or accounts to place all profits of the slot machine |
10 | licensee from gaming or other revenues of the slot machine |
11 | licensee's licensed facility until a written agreement is |
12 | executed between the slot machine licensee and the municipality |
13 | or municipal authority. |
14 | (c) Terms of license suspension.--The slot machine license |
15 | suspension shall remain in effect until the slot machine |
16 | licensee and the municipality or municipal authority execute a |
17 | written agreement governing the terms of the required annual |
18 | payments, including the date on which the payments shall be |
19 | made, the amount of each annual payment and the duration of the |
20 | annual or semi-annual payments. |
21 | (d) Violation of written agreement.--If any slot machine |
22 | licensee that is required as a condition of slot machine |
23 | licensure to make annual or semi-annual payments to a |
24 | municipality or municipal authority for an economic development |
25 | project, including any project enumerated in the Pennsylvania |
26 | Gaming Economic Development and Tourism Fund Capital Budget |
27 | Itemization Act of 2007, fails to make any required payment in |
28 | accordance with the terms of any written agreement between the |
29 | slot machine licensee and the municipality or municipal |
30 | authority governing the economic development project, the board |
|
1 | shall immediately suspend the slot machine license and appoint a |
2 | trustee to oversee the operations of the licensed gaming entity |
3 | until the issue is resolved. |
4 | Section 6. Sections 1305, 1317(a) and (c) and 1317.1(a), (b) |
5 | (5), (c), (d.1) and (e) of Title 4 are amended and the sections |
6 | are amended by adding subsections to read: |
7 | § 1305. Category 3 slot machine license. |
8 | (a) Eligibility.-- |
9 | (1) A person may be eligible to apply for a Category 3 |
10 | license if the applicant, its affiliate, intermediary, |
11 | subsidiary or holding company has not applied for or been |
12 | approved or issued a Category 1 or 2 license and the person |
13 | is seeking to locate a Category 3 licensed facility in a |
14 | well-established resort hotel having no fewer than 275 guest |
15 | rooms under common ownership and having substantial year- |
16 | round recreational guest amenities. The applicant for a |
17 | Category 3 license shall be the owner or be a wholly owned |
18 | subsidiary of the owner of the established resort hotel. A |
19 | Category 3 license may only be granted upon the express |
20 | condition that an individual may not enter a gaming area of |
21 | the licensee if the individual is not a registered overnight |
22 | guest of the established resort hotel or if the individual is |
23 | not a patron of one or more of the amenities provided by the |
24 | established resort hotel. |
25 | (2) [Notwithstanding section 1512(a) and (a.1) (relating |
26 | to public official financial interest), if at the time of |
27 | application an applicant has terminated public office or |
28 | employment as an executive-level public employee within the |
29 | last calendar year, the applicant shall be eligible to apply |
30 | for a slot machine license under this section but may not be |
|
1 | issued a license until one year following the date of |
2 | termination as a public official or executive-level public |
3 | employee. An application submitted in accordance with this |
4 | paragraph shall not constitute a violation of section 1512(a) |
5 | or (a.1).] (Reserved). |
6 | (3) If the person seeking a slot machine license |
7 | proposes to place the licensed facility upon land designated |
8 | a subzone, an expansion subzone or an improvement subzone |
9 | under the act of October 6, 1998 (P.L.705, No.92), known as |
10 | the Keystone Opportunity Zone, Keystone Opportunity Expansion |
11 | Zone and Keystone Opportunity Improvement Zone Act, the |
12 | person shall, at any time prior to the application being |
13 | approved, submit a statement waiving the exemptions, |
14 | deductions, abatements or credits granted under the Keystone |
15 | Opportunity Zone, Keystone Opportunity Expansion Zone and |
16 | Keystone Opportunity Improvement Zone Act if the board |
17 | approves the application. |
18 | (b) Location.-- |
19 | (1) No Category 3 license shall be located by the board |
20 | within 15 linear miles of another licensed facility. |
21 | (2) Within five days of approving a license for an |
22 | applicant with a proposed licensed facility consisting of |
23 | land designated a subzone, an expansion subzone or an |
24 | improvement subzone under the Keystone Opportunity Zone, |
25 | Keystone Opportunity Expansion Zone and Keystone Opportunity |
26 | Improvement Zone Act for a slot machine license under this |
27 | section, the board shall notify the Department of Community |
28 | and Economic Development. The notice shall include a |
29 | description of the land of the proposed licensed facility |
30 | which is designated a subzone, an expansion subzone or an |
|
1 | improvement subzone. Within five days of receiving the notice |
2 | required by this paragraph, the Secretary of Community and |
3 | Economic Development shall decertify the land of the proposed |
4 | license facility as being a subzone, an expansion subzone or |
5 | an improvement subzone. Upon decertification in accordance |
6 | with this paragraph and notwithstanding Chapter 3 of the |
7 | Keystone Opportunity Zone, Keystone Opportunity Expansion |
8 | Zone and Keystone Opportunity Improvement Zone Act, a |
9 | political subdivision may amend the ordinance, resolution or |
10 | other required action which granted the exemptions, |
11 | deductions, abatements or credits required by the Keystone |
12 | Opportunity Zone, Keystone Opportunity Expansion Zone and |
13 | Keystone Opportunity Improvement Zone Act to repeal the |
14 | exemptions, deductions, abatements or credits for the land |
15 | decertified. |
16 | (c) Number of slot machines.--Notwithstanding the number of |
17 | permissible slot machines as set forth in section 1210 (relating |
18 | to number of slot machines), a Category 3 license granted under |
19 | the provisions of this section shall entitle the licensed entity |
20 | to operate no more than 500 slot machines at the licensed |
21 | facility. |
22 | (c.1) Number of table games.--Notwithstanding the number of |
23 | table games permitted in section 1311A (relating to |
24 | authorization to conduct table games), a Category 3 license |
25 | granted under the provisions of this section shall permit the |
26 | slot machine licensee to petition the board for a certificate to |
27 | operate no more than 25 table games at the licensed facility and |
28 | an additional ten tables seating a maximum of ten people at each |
29 | table for a nonbanking poker game. |
30 | (d) Category 3 license fee and certificate fee.-- |
|
1 | Notwithstanding the one-time slot machine license fee as set |
2 | forth in section 1209 (relating to slot machine license fee), |
3 | the board shall impose a one-time Category 3 license fee to be |
4 | paid by each successful applicant in the amount of $5,000,000 to |
5 | be deposited in the State Gaming Fund and a one-time table games |
6 | certificate fee in the amount of $7,500,000. The one-time table |
7 | games certificate fee shall be deposited in the General Fund. |
8 | The provisions of section 1209 relating to term, credit against |
9 | tax for slot machine licensees, deposit of license fee and |
10 | change of ownership or control of a license shall be applicable |
11 | to a Category 3 license fee. |
12 | (e) Definitions.--For the purpose of subsection (a), the |
13 | following words and phrases shall have the meaning given to them |
14 | in this subsection: |
15 | "Amenities." Any ancillary activities, services or |
16 | facilities in which a registered guest or the transient public, |
17 | in return for non-de minimis consideration as defined by board |
18 | regulation, may participate at a resort hotel, including, but |
19 | not limited to, sports and recreational activities and |
20 | facilities such as a golf course or golf driving range, tennis |
21 | courts or swimming pool; health spa; convention, meeting and |
22 | banquet facilities; entertainment facilities; and restaurant |
23 | facilities. |
24 | "Patron of the amenities." Any individual who is a |
25 | registered attendee of a convention, meeting or banquet event or |
26 | a participant in a sport or recreational event or any other |
27 | social, cultural or business event held at a resort hotel or who |
28 | participates in one or more of the amenities provided to |
29 | registered guests of the resort hotel. |
30 | § 1317. Supplier licenses. |
|
1 | (a) Application.--A manufacturer that elects to contract |
2 | with a supplier under section 1317.1(d.1) (relating to |
3 | manufacturer licenses) shall ensure that the supplier is |
4 | licensed under this section. A person seeking to provide slot |
5 | machines, table games devices or associated equipment to a slot |
6 | machine licensee within this Commonwealth through a contract |
7 | with a licensed manufacturer shall apply to the board for a |
8 | supplier license. |
9 | * * * |
10 | (c) Review and approval.--Upon being satisfied that the |
11 | requirements of subsection (b) have been met or waived under |
12 | subsection (c.1), the board may approve the application and |
13 | issue the applicant a supplier license consistent with all of |
14 | the following: |
15 | (1) [The license shall be for a period of one year. Upon |
16 | expiration, a license may be renewed in accordance with |
17 | subsection (d)] The initial license shall be for a period of |
18 | one year and shall be subject to renewal annually under |
19 | subsection (d) for two consecutive one-year periods following |
20 | the initial issuance. Thereafter, a license shall be subject |
21 | to renewal every three years. Nothing in this paragraph shall |
22 | relieve the licensee of the affirmative duty to notify the |
23 | board of any changes relating to the status of its license or |
24 | to any other information contained in application materials |
25 | on file with the board. |
26 | (2) The license shall be nontransferable. |
27 | (3) Any other condition established by the board. |
28 | (c.1) Waiver.--The board shall establish standards and a |
29 | procedure to allow the board to waive the requirements of this |
30 | section for any person who holds a supplier license under this |
|
1 | section and who seeks to supply table games devices or |
2 | associated equipment. The board may only waive the requirements |
3 | of this section if: |
4 | (1) The supplier license is in good standing and was |
5 | issued by the board within a 36-month period immediately |
6 | preceding the date the supplier licensee files an initial |
7 | application to supply table games devices or associated |
8 | equipment. |
9 | (2) The person to whom the supplier license was issued |
10 | affirms there has been no material change in circumstances |
11 | relating to the license. |
12 | (3) The board determines there has been no material |
13 | change in circumstances relating to the license that |
14 | necessitates, at the discretion of the board, that the |
15 | requirements of this section not be waived. |
16 | * * * |
17 | § 1317.1. Manufacturer licenses. |
18 | (a) Application.--A person seeking to manufacture slot |
19 | machines, table games devices and associated equipment for use |
20 | in this Commonwealth shall apply to the board for a manufacturer |
21 | license. |
22 | (b) Requirements.--An application for a manufacturer license |
23 | shall be on the form required by the board, accompanied by the |
24 | application fee, and shall include all of the following: |
25 | * * * |
26 | (5) The type of slot machines, table games devices or |
27 | associated equipment to be manufactured or repaired. |
28 | (c) Review and approval.--Upon being satisfied that the |
29 | requirements of subsection (b) have been met or have been waived |
30 | under subsection (c.1), the board may approve the application |
|
1 | and grant the applicant a manufacturer license consistent with |
2 | all of the following: |
3 | (1) [The license shall be for a period of one year. Upon |
4 | expiration, a license may be renewed in accordance with |
5 | subsection (d)] The initial license shall be for a period of |
6 | one year and shall be subject to renewal annually under |
7 | subsection (d) for two consecutive one-year periods following |
8 | the initial issuance. Thereafter, a license shall be subject |
9 | to renewal every three years. Nothing in this paragraph shall |
10 | relieve the licensee of the affirmative duty to notify the |
11 | board of any changes relating to the status of its license or |
12 | to any other information contained in application materials |
13 | on file with the board. |
14 | (2) The license shall be nontransferable. |
15 | (3) Any other condition established by the board. |
16 | (c.1) Waiver.--The board shall establish standards and a |
17 | procedure to allow the board to waive the requirements of this |
18 | section for any person who holds a manufacturer license under |
19 | this section and who seeks to manufacture table games devices or |
20 | associated equipment. The board may only waive the application |
21 | requirement under this section if: |
22 | (1) The manufacturer license is in good standing and was |
23 | issued by the board within a 36-month period immediately |
24 | preceding the date the manufacturer licensee files an |
25 | application to manufacture table games devices or associated |
26 | equipment. |
27 | (2) The person to whom the manufacturer license was |
28 | issued affirms there has been no material change in |
29 | circumstances relating to the license. |
30 | (3) The board determines there has been no material |
|
1 | change in circumstances of the licensee that necessitates, at |
2 | the discretion of the board, that the requirements of this |
3 | section not be waived. |
4 | * * * |
5 | (d.1) Authority.--The following shall apply to a licensed |
6 | manufacturer: |
7 | (1) A licensed manufacturer or its designee, as licensed |
8 | by the board, may supply or repair any slot machine, table |
9 | games device or associated equipment manufactured by the |
10 | licensed manufacturer. |
11 | (2) A manufacturer may contract with a supplier of slot |
12 | machines under section 1317 (relating to supplier licenses) |
13 | to provide slot machines or associated equipment to a slot |
14 | machine licensee within this Commonwealth. |
15 | (3) A manufacturer may contract with a supplier of table |
16 | games devices under section 1317 to provide table games or |
17 | associated equipment to a certificate holder. |
18 | (e) Prohibitions.-- |
19 | (1) No person may manufacture slot machines, table games |
20 | devices or associated equipment for use within this |
21 | Commonwealth by a slot machine licensee unless the person has |
22 | been issued a manufacturer license as required under this |
23 | section. |
24 | (2) No slot machine licensee may use slot machines, |
25 | table games devices or associated equipment unless the slot |
26 | machines, table games devices or associated equipment were |
27 | manufactured by a person that has been issued a manufacturer |
28 | license under this section. |
29 | (3) No person issued a license under this section shall |
30 | apply for or be issued a license under section 1317. |
|
1 | (4) No limitation shall be placed on the number of |
2 | manufacturer licenses issued or the time period to submit |
3 | applications for licensure, except as required to comply with |
4 | section 1306 (relating to order of initial license issuance). |
5 | Section 6.1. Title 4 is amended by adding sections to read: |
6 | § 1317.2. Alternative supplier licensing standards. |
7 | (a) General rule.--The board may determine whether the |
8 | licensing standards of another jurisdiction within the United |
9 | States in which an applicant for a supplier's license is |
10 | similarly licensed are comprehensive and thorough and provide |
11 | similar adequate safeguards as required by this part. If the |
12 | board makes that determination, it may issue a supplier license |
13 | to an applicant who holds a similar supplier license in another |
14 | jurisdiction after evaluating the information relating to the |
15 | applicant from the other jurisdictions, as updated by the board |
16 | and evaluating other information related to the applicant |
17 | received from that jurisdiction and other jurisdictions where |
18 | the applicant may be licensed. |
19 | (b) Abbreviated process.--In the event an applicant for a |
20 | supplier license is licensed in another jurisdiction, the board |
21 | may determine to use an alternate process requiring only the |
22 | information determined by the board to be necessary to consider |
23 | the issuance of a license, including financial viability of the |
24 | applicant. Nothing in this section shall be construed to waive |
25 | any fees associated with obtaining a license through the normal |
26 | application process. |
27 | § 1317.3. Gaming service provider. |
28 | (a) Development of classification system.--The board shall |
29 | develop uniform standards and procedures governing the |
30 | registration of gaming service providers and individuals and |
|
1 | entities associated with the applicant. The classification |
2 | system developed by the board shall be based upon the following: |
3 | (1) The monetary value or amount of business conducted |
4 | or expected to be conducted by the gaming service provider |
5 | with an applicant for a slot machine license or a slot |
6 | machine licensee in any consecutive 12-month period. |
7 | (2) Whether the employees of the gaming service provider |
8 | will have access to the gaming floor or to a restricted area |
9 | of a licensed facility. |
10 | (3) The board's analysis of the goods, property or |
11 | service provided or to be provided by the gaming service |
12 | provider in order to ensure the integrity of gaming. |
13 | (b) Authority to exempt.--The board may exempt any person or |
14 | type of business from the requirements of this section if the |
15 | board determines either of the following: |
16 | (1) the person or type of business is regulated by an |
17 | agency of the Federal Government or an agency of the |
18 | Commonwealth; or |
19 | (2) regulation of the person or type of business is |
20 | determined not to be necessary in order to protect the public |
21 | interest or the integrity of gaming. |
22 | (c) Duties of gaming service providers.--Each gaming service |
23 | provider shall have a continuing duty to: |
24 | (1) Provide all information, documentation and |
25 | assurances as the board may require. |
26 | (2) Cooperate with the board in investigations, hearings |
27 | and enforcement and disciplinary actions. |
28 | (3) Comply with all conditions, restrictions, |
29 | requirements, orders and rulings of the board in accordance |
30 | with this part. |
|
1 | (4) Report any change in circumstances that may render |
2 | the gaming service provider ineligible, unqualified or |
3 | unsuitable for continued licensure. |
4 | (d) Requirement for permit.--The board may require employees |
5 | of a gaming service provider to obtain a permit or other |
6 | authorization if, after an analysis of duties, responsibilities |
7 | and functions, the board determines that a permit or other |
8 | authorization is necessary to protect the integrity of gaming. |
9 | (e) Interim authorization.--The board or a designated |
10 | employee of the board may permit a gaming service provider |
11 | applicant to engage in business with an applicant for a slot |
12 | machine license or a slot machine licensee prior to approval of |
13 | the gaming service provider application if the following |
14 | criteria have been satisfied: |
15 | (1) A completed application has been filed with the |
16 | board by the gaming service provider. |
17 | (2) The slot machine applicant or slot machine licensee |
18 | contracting or doing business with the gaming service |
19 | provider certifies that it has performed due diligence on the |
20 | gaming service provider and believes that the applicant meets |
21 | the qualifications to be a gaming service provider under this |
22 | section. |
23 | (3) The gaming service provider applicant agrees in |
24 | writing that the grant of interim authorization to conduct |
25 | business prior to board approval of its application does not |
26 | create a right to continue to engage in business if the board |
27 | determines that the applicant is not suitable. |
28 | (4) Nothing in this section shall be construed to |
29 | prohibit the board from rescinding a grant of interim |
30 | authorization if, at any time, the suitability of the person |
|
1 | subject to interim authorization is at issue or if the person |
2 | fails to cooperate with the board, the bureau or an agent of |
3 | the board or bureau. |
4 | (g) Provider lists.--The board shall: |
5 | (1) Develop and maintain a list of approved gaming |
6 | service providers and a list of gaming service providers who |
7 | are authorized to provide goods, property or services under a |
8 | grant of interim authorization pursuant to subsection (e)(3). |
9 | (2) Develop and maintain a list of prohibited gaming |
10 | service providers. An applicant for a slot machine license or |
11 | a slot machine licensee may not enter into an agreement or |
12 | continue to engage in business with a gaming service provider |
13 | listed on the prohibited gaming service provider list. |
14 | (h) Emergency authorization.--A slot machine licensee may |
15 | utilize a gaming service provider that has not been approved by |
16 | the board when a threat to public health, welfare or safety |
17 | exists or circumstances outside the control of the slot machine |
18 | licensee requires immediate action to protect the public |
19 | interest. The board shall promulgate regulations to govern the |
20 | use of gaming service providers under emergency circumstances. |
21 | (i) Criminal history record information.--If the |
22 | classification system developed by the board in accordance with |
23 | subsection (a) requires a gaming service provider or an employee |
24 | of a gaming service provider to submit to a criminal history |
25 | record check under 18 Pa.C.S. Ch. 91 (relating to criminal |
26 | history record information), the board shall notify the slot |
27 | machine licensee that submitted and verified the application of |
28 | a person whether the applicant has been convicted of a felony or |
29 | gambling offense. |
30 | Section 7. Sections 1318(c), 1319 and 1321 of Title 4 are |
|
1 | amended to read: |
2 | § 1318. Occupation permit application. |
3 | * * * |
4 | (c) Prohibition.--No slot machine licensee may employ or |
5 | permit any person under 18 years of age to render any service |
6 | whatsoever in any area of its licensed facility [at which] where |
7 | slot machines or table games are physically located. |
8 | § 1319. Alternative manufacturer licensing standards. |
9 | (a) General rule.--The board may determine whether the |
10 | licensing standards of another jurisdiction within the United |
11 | States in which an applicant for a manufacturer license is |
12 | similarly licensed are comprehensive and thorough and provide |
13 | similar adequate safeguards as those required by this part. If |
14 | the board makes that determination, it may issue a manufacturer |
15 | license to an applicant who holds a similar manufacturer license |
16 | in such other jurisdiction after conducting an evaluation of the |
17 | information relating to the applicant from such other |
18 | jurisdictions, as updated by the board, and evaluating other |
19 | information related to the applicant received from that |
20 | jurisdiction and other jurisdictions where the applicant may be |
21 | licensed, the board may incorporate such information in whole or |
22 | in part into its evaluation of the applicant. |
23 | (b) Abbreviated process.--In the event an applicant for a |
24 | [slot machine] manufacturer license is licensed in another |
25 | jurisdiction, the board may determine to use an alternate |
26 | process requiring only that information determined by the board |
27 | to be necessary to consider the issuance of a license, including |
28 | financial viability of the licensee, to such an applicant. |
29 | Nothing in this section shall be construed to waive any fees |
30 | associated with obtaining a license through the normal |
|
1 | application process. |
2 | § 1321. [Additional licenses and permits and approval] Approval |
3 | of agreements. |
4 | (a) [Requirements.--In addition to the requirements for a |
5 | license or permit specifically set forth in this part, the board |
6 | may require a license or permit, and set a fee for the same, for |
7 | any key or gaming employee or any person who satisfies any of |
8 | the following criteria: |
9 | (1) The person transacts business within this |
10 | Commonwealth with a slot machine licensee as a ticket |
11 | purveyor, tour operator, operator of a bus trip program or |
12 | operator of any other type of travel program or promotional |
13 | business related to slot machines. The board may also review, |
14 | deny, order modification or approve, at its discretion, |
15 | proposed tours, bus routes and travel programs. |
16 | (2) The person is presently not otherwise required to be |
17 | licensed under this part and provides any goods, property or |
18 | services, including, but not limited to, management contracts |
19 | for compensation to a slot machine licensee at the licensed |
20 | facility] (Reserved). |
21 | (b) Agreement.--Any agreement to conduct business within |
22 | this Commonwealth between a person and a slot machine licensee |
23 | relating to slot machines, table games, table games devices or |
24 | associated equipment is subject to the approval of the board in |
25 | accordance with rules and regulations promulgated by the board. |
26 | Every agreement shall be in writing and shall include a |
27 | provision for its termination without liability on the part of |
28 | the slot machine licensee upon a finding by the board that the |
29 | agreement is not approved or that it is terminated. Failure to |
30 | expressly include this condition in the agreement is not a |
|
1 | defense in any action brought under this section relating to the |
2 | termination of the agreement. |
3 | Section 8. Title 4 is amended by adding a chapter to read: |
4 | CHAPTER 13A |
5 | TABLE GAMES |
6 | Subchapter |
7 | A. General Provisions |
8 | B. Table Games Authorized |
9 | C. Table Game Operations |
10 | D. (Reserved) |
11 | E. Table Game Testing and Certification |
12 | F. (Reserved) |
13 | G. Table Game Taxes and Fees |
14 | SUBCHAPTER A |
15 | GENERAL PROVISIONS |
16 | Sec. |
17 | 1301A. (Reserved). |
18 | 1302A. Regulatory authority. |
19 | 1303A. Temporary table game regulations. |
20 | 1304A. Commonwealth resident employment goals. |
21 | § 1301A. (Reserved). |
22 | § 1302A. Regulatory authority. |
23 | The board shall promulgate regulations: |
24 | (1) Establishing standards and rules for table games, |
25 | table games devices or associated equipment, including |
26 | electronic or computerized table games devices. The standards |
27 | shall permit any new table games and variations or composites |
28 | of approved table games, provided the Pennsylvania Gaming |
29 | Control Board determines the table game is suitable for use |
30 | after a test or experimental period under the terms and |
|
1 | conditions as the board may deem appropriate. |
2 | (2) Establishing standards to govern the conduct of |
3 | table games and the system of wagering associated with table |
4 | games, including the maintenance of financial books, records |
5 | and audits. |
6 | (2.1) Establishing standards for the daily counting and |
7 | recordation process for cash, cash equivalents and other |
8 | representations of value received in the conduct of table |
9 | games and ensuring that internal controls are followed, |
10 | including observation by the board. |
11 | (3) Establishing patron notice requirements pertaining |
12 | to minimum and maximum wagers on table games. Minimum and |
13 | maximum wagers may be adjusted from time to time by the |
14 | certificate holder in the normal course of conducting table |
15 | games, except that changes in minimum wagers at any given |
16 | table shall not apply to persons already engaged in wagering |
17 | at that table when the minimum wager is changed, unless 30 |
18 | minutes' notice is provided at that table. |
19 | (4) Requiring each certificate holder to: |
20 | (i) Provide written information at each operational |
21 | gaming table about table game rules, payoffs or winning |
22 | wagers and other information to each patron as the board |
23 | may require. |
24 | (ii) Provide specifications approved by the board |
25 | under section 1207(11) (relating to regulatory authority |
26 | of board) to integrate the licensed facility's |
27 | surveillance system to cover all areas where table games |
28 | are conducted. The specifications shall include |
29 | provisions providing the board and other persons |
30 | authorized by the board with onsite access to the system |
|
1 | or its signal. |
2 | (iii) Designate one or more locations within or |
3 | about the licensed facility, including a temporary |
4 | facility, to conduct table games. |
5 | (iv) Ensure that visibility in a licensed facility |
6 | is not obstructed in any way that could interfere with |
7 | the ability of the certificate holder, the board and |
8 | other persons authorized by the board to oversee the |
9 | conduct of table games. |
10 | (v) Integrate the licensed facility's count room for |
11 | slot machine and table game operations to ensure maximum |
12 | security of the counting and storage of cash, cash |
13 | equivalents and other representations of value. |
14 | (vi) Equip each gaming table with a sign indicating |
15 | the permissible minimum and maximum wagers at the gaming |
16 | table. |
17 | (vii) Adopt policies or procedures that prohibit any |
18 | table games device, from being possessed, maintained or |
19 | exhibited by any person on the premises of a licensed |
20 | facility except in the areas of a licensed facility where |
21 | the conduct of table games is authorized, where training |
22 | is conducted or in a restricted area designated by the |
23 | certificate holder to be used for the inspection, |
24 | training, service, repair or storage of table games, |
25 | table games devices or associated equipment or supplies. |
26 | (viii) Equip all drop boxes in which cash, cash |
27 | equivalents, fill slips, credit slips, inventory slips or |
28 | other representations of value are deposited at the |
29 | gaming tables, and all areas where drop boxes are kept |
30 | while in use, with two locking devices or keys, of which |
|
1 | one locking device or key shall be under the exclusive |
2 | control of the board, and the second locking device or |
3 | key shall be under the exclusive control of the |
4 | certificate holder. The drop boxes shall be brought into |
5 | or removed from an area where table games are conducted |
6 | or locked or unlocked in accordance with procedures |
7 | established by the board. |
8 | (ix) Designate secure locations at the licensed |
9 | facility for the inspection and storage of dice, cards, |
10 | tiles, dominoes, chips and other representations of value |
11 | used in the conduct of table games. Locations designated |
12 | shall be approved by the board. |
13 | (5) Establishing the size and uniform color by |
14 | denomination of all chips used in the conduct of table games, |
15 | and a policy for the use of promotional or commemorative |
16 | chips. All types of chips shall be approved by the board |
17 | prior to being used for play at a table game at the licensed |
18 | facility. |
19 | (5.1) Establishing the procedure to be used by a |
20 | certificate holder to determine and extract a rake for the |
21 | purposes of deriving gross table game revenue. The rake shall |
22 | apply to nonbanking table games and may be calculated as a |
23 | percentage or a flat fee. |
24 | (6) Establishing minimum standards relating to the |
25 | acceptance of tips or gratuities by dealers at a table game, |
26 | which shall include: |
27 | (i) The requirement that tips or gratuities accepted |
28 | by dealers and croupiers at banking games be placed in a |
29 | common pool for complete distribution pro rata among all |
30 | dealers. |
|
1 | (ii) The right of the certificate holder to |
2 | establish policies under which tips or gratuities |
3 | accepted by dealers at nonbanking games are not required |
4 | to be pooled and may be retained by the dealers. Nothing |
5 | in this paragraph shall prohibit a certificate holder |
6 | from adopting a formal policy relating to acceptance of |
7 | tips and gratuities, provided that the policy meets the |
8 | minimum standard established by the board under this |
9 | paragraph. |
10 | (7) Establishing the minimal proficiency requirements |
11 | for individuals to successfully complete a course of training |
12 | at an approved school under Chapter 17 (relating to gaming |
13 | schools). The regulations shall not prohibit a slot machine |
14 | licensee from establishing a course of training for its |
15 | potential table game employees or prohibit a certificate |
16 | holder from offering employment to an individual who has not |
17 | attended or completed a course of training at a gaming |
18 | school. A slot machine licensee or certificate holder that |
19 | elects to train its employees shall submit a detailed summary |
20 | of the training program to the board and demonstrate the |
21 | adequacy of the program. |
22 | (8) Permitting certificate holders to conduct table game |
23 | tournaments or other table game contests in which players |
24 | compete against one another for cash or prizes and |
25 | establishing the practices and procedures governing the |
26 | conduct of the tournaments or contests. |
27 | (9) Designating an employee to approve or deny a |
28 | certificate holder's request to decrease the number of slot |
29 | machines in its licensed facility if the slot machine |
30 | licensee seeks to reduce the number of slot machines by less |
|
1 | than 2%. Designated approval for reduction of slot machines |
2 | shall not exceed 2% in total regardless of the number of |
3 | requests a slot machine licensee submits. |
4 | § 1303A. Temporary table game regulations. |
5 | (a) Promulgation.--In order to facilitate the prompt |
6 | implementation of this chapter, regulations promulgated by the |
7 | board shall be deemed temporary regulations. Each temporary |
8 | regulation shall expire not later than two years following |
9 | publication. The board may promulgate temporary regulations not |
10 | subject to: |
11 | (1) Sections 201, 202, 203, 204 and 205 of the act of |
12 | July 31, 1968 (P.L.769, No.240), referred to as the |
13 | Commonwealth Documents Law. |
14 | (2) The act of June 25, 1982 (P.L.633, No.181), known as |
15 | the Regulatory Review Act. |
16 | (b) Expiration.--Except for the temporary regulations |
17 | governing the rules of new games approved by the board, the |
18 | board's authority to adopt temporary regulations in subsection |
19 | (a) shall expire two years after the effective date of this |
20 | section. Regulations adopted after this period shall be |
21 | promulgated as provided by law. |
22 | (c) Temporary regulations.--The board shall begin publishing |
23 | temporary regulations governing table game rules, licensing of |
24 | manufacturers and suppliers and surveillance standards in the |
25 | Pennsylvania Bulletin no later than February 1, 2010. |
26 | § 1304A. Commonwealth resident employment goals. |
27 | (a) Employment opportunities.--It is the goal of the General |
28 | Assembly that the board promote and ensure the availability of |
29 | employment opportunities for Commonwealth residents in table |
30 | game-related operations as authorized in this chapter. The board |
|
1 | shall work with each certificate holder to ensure the |
2 | representation of Commonwealth residents employed by a |
3 | certificate holder relating to table games. It is the goal of |
4 | the Commonwealth that Commonwealth residents comprise at least |
5 | 85% of each certificate holder's table game-related employees by |
6 | the end of the third year following commencement of the conduct |
7 | of table games at each certificate holder's licensed facility. |
8 | (b) Study.--The board shall conduct an annual study to |
9 | ascertain each licensee's progress in achieving the goals of |
10 | this section and whether each certificate holder has taken |
11 | effective and meaningful action to enhance the number of |
12 | Commonwealth residents employed in table game-related positions |
13 | at licensed facilities. The first study shall be completed one |
14 | year following the issuance of the first table games operation |
15 | certificate. Each annual study shall contain recommendations |
16 | which the board determines appropriate and may be combined with |
17 | any other annual study required from the board under this part. |
18 | The study shall be submitted to the chairman and minority |
19 | chairman of the standing committees of the Senate and of the |
20 | House of Representatives with jurisdiction over this part. |
21 | SUBCHAPTER B |
22 | TABLE GAMES AUTHORIZED |
23 | Sec. |
24 | 1311A. Authorization to conduct table games. |
25 | 1312A. Petition requirements. |
26 | 1313A. Prohibitions. |
27 | 1314A. Table game authorization hearing process; public input |
28 | hearings. |
29 | 1315A. Standard for review of petitions. |
30 | 1316A. Award of certificate. |
|
1 | 1316.1A. Amendment of statement conditions. |
2 | 1317A. Table games operation certificate. |
3 | 1318A. Timing of initial table game authorizations. |
4 | 1319A. Temporary facility. |
5 | § 1311A. Authorization to conduct table games. |
6 | (a) Board authorization.--Notwithstanding any other |
7 | provision of law to the contrary and except as otherwise |
8 | prohibited in section 1313A (relating to prohibitions), the |
9 | board may authorize each eligible slot machine licensee to |
10 | conduct table games, contests or tournaments involving table |
11 | games and the operation of a system of wagering associated with |
12 | the conduct of table games at the slot machine licensee's |
13 | licensed facility, including a temporary facility that meets the |
14 | requirements of sections 1207(17) (relating to regulatory |
15 | authority of the board) and 1319A (relating to temporary |
16 | facility). Authorization to conduct table games shall be |
17 | contingent upon the slot machine licensee's agreement to ensure |
18 | the conduct of gaming in accordance with this part and any other |
19 | conditions established by the board. Nothing in this part shall |
20 | be construed to create a separate license governing the conduct |
21 | of table games by slot machine licensees within this |
22 | Commonwealth. |
23 | (b) Number of table games.--Category 1 and Category 2 slot |
24 | machine licensees shall be authorized to operate up to 250 table |
25 | games. |
26 | § 1312A. Petition requirements. |
27 | (a) General rule.--Unless otherwise prohibited by section |
28 | 1313A (relating to prohibitions), a slot machine licensee may |
29 | seek approval to conduct table games by filing a petition with |
30 | the board. |
|
1 | (b) Petition contents.--A petition seeking authorization to |
2 | conduct table games shall include the following: |
3 | (1) The name, business address and contact information |
4 | of the petitioner. |
5 | (2) If known, the name and business address, job title |
6 | and a photograph of each principal and key employee of the |
7 | petitioner who will be involved in the conduct of table games |
8 | and is not currently licensed by the board. The petitioner |
9 | shall have the duty to update this information. |
10 | (3) An itemized list of the number and types of table |
11 | games for which authorization is being sought. |
12 | (4) The estimated number of full-time and part-time |
13 | employment positions that will be created at the licensed |
14 | facility if table games are authorized and an updated hiring |
15 | plan pursuant to section 1510 (relating to labor hiring |
16 | preferences) which outlines the petitioner's plan to promote |
17 | the representation of diverse groups and Commonwealth |
18 | residents in the new employment positions related to table |
19 | games. |
20 | (5) A brief description of the economic benefits |
21 | expected to be realized by the Commonwealth, its political |
22 | subdivisions and its residents if table games are authorized. |
23 | (6) The details of any financing obtained or that will |
24 | be obtained to fund an expansion or modification of the |
25 | licensed facility to accommodate table games. |
26 | (7) Information and documentation concerning financial |
27 | background and resources, as the board may require, to |
28 | establish by clear and convincing evidence the financial |
29 | stability, integrity and responsibility of the petitioner. |
30 | (8) Information and documentation, as the board may |
|
1 | require, to establish by clear and convincing evidence that |
2 | the petitioner has sufficient business ability and experience |
3 | to create and maintain a successful table game operation. In |
4 | making this determination, the board may consider the results |
5 | of the petitioner's slot machine operation, including |
6 | financial information, employment figures and capital |
7 | investment. |
8 | (9) Information and documentation, as the board may |
9 | require, to establish by clear and convincing evidence that |
10 | the petitioner has the financial ability to pay the |
11 | authorization fee under section 1361A (relating to table game |
12 | authorization fee). |
13 | (10) Detailed site plans identifying the petitioner's |
14 | proposed table game area within the licensed facility or any |
15 | proposed temporary facility. |
16 | (11) Other information as the board may require. |
17 | (c) Confidentiality.--Information submitted to the board |
18 | under subsection (b)(6), (7), (9), (10) and (11) may be |
19 | considered confidential by the board if the information would be |
20 | confidential under section 1206(f) (relating to board minutes |
21 | and records). |
22 | § 1313A. Prohibitions. |
23 | (a) Slot machine licensee.--No slot machine licensee that is |
24 | required as a condition of slot machine licensure to make annual |
25 | or semi-annual payments to a municipality or municipal authority |
26 | for an economic development project, including any project |
27 | enumerated in the act of July 25, 2007 (P.L.342, No.53), known |
28 | as Pennsylvania Gaming Economic Development and Tourism Fund |
29 | Capital Budget Itemization Act of 2007, may submit a petition |
30 | under section 1312A (relating to petition requirements) until a |
|
1 | written agreement governing the terms of the payments, including |
2 | the date on which each payment shall be made, the amount of each |
3 | annual or semi-annual payment and the duration of the annual or |
4 | semi-annual payments, is executed between the slot machine |
5 | licensee and the municipality or municipal authority and the |
6 | municipality or municipal authority confirms to the board in |
7 | writing that the slot machine licensee has made the first |
8 | required payment under the written agreement. |
9 | (b) Duties of board.--The board shall not accept or approve |
10 | a petition submitted by any slot machine licensee subject to |
11 | this section and prohibited by subsection (a) until such written |
12 | agreement is submitted by the slot machine licensee to the |
13 | board, which shall ensure the written agreement meets the |
14 | requirements of this section and all conditions relating to the |
15 | economic development project imposed by the board when awarding |
16 | the slot machine license to the licensee are satisfied and until |
17 | the municipality or municipal authority confirms to the board in |
18 | writing that the slot machine licensee has made the first |
19 | required payment under the written agreement. |
20 | (c) Construction.--Nothing in this section shall be |
21 | construed to relieve a slot machine licensee of its legal |
22 | obligation as a condition of licensure to make any required |
23 | annual or semi-annual payments referenced under this section if |
24 | the slot machine licensee elects not to petition the board for |
25 | authorization to conduct table games. |
26 | § 1314A. Table game authorization hearing process; public input |
27 | hearings. |
28 | (a) General rule.--The board's consideration and resolution |
29 | of all petitions to conduct table games shall be conducted in |
30 | accordance with 2 Pa.C.S. (relating to administrative law and |
|
1 | procedure) or with procedures adopted by order of the board. |
2 | Notwithstanding the requirements of 2 Pa.C.S. §§ 504 (relating |
3 | to hearing and record) and 505 (relating to evidence and cross- |
4 | examination) as they relate to the conduct of oral hearings, the |
5 | board may adopt procedures to provide parties before it with a |
6 | documentary hearing, and the board may resolve disputed material |
7 | facts without conducting an oral hearing where constitutionally |
8 | permissible. |
9 | (b) Public input hearing requirement.-- |
10 | (1) Prior to granting a petition for a slot machine |
11 | licensee to conduct table games, the board shall hold at |
12 | least one public input hearing on the matter, in the |
13 | municipality where the petitioner's licensed facility is |
14 | located. |
15 | (2) A list of all witnesses scheduled to testify at a |
16 | public input hearing shall be posted on the board's Internet |
17 | website at least seven days prior to the hearing. The list |
18 | shall be updated at least three days prior to the hearing. |
19 | Additional witnesses shall be posted on the board's Internet |
20 | website as they are added to the list. |
21 | § 1315A. Standard for review of petitions. |
22 | The board shall grant a petition and authorize the petitioner |
23 | to conduct table games if the petitioner establishes, by clear |
24 | and convincing evidence, all of the following: |
25 | (1) The petitioner's slot machine license is in good |
26 | standing with the board. |
27 | (2) The petitioner conducting table games will have a |
28 | positive economic impact on the Commonwealth, its political |
29 | subdivisions and residents through increased revenues and |
30 | employment opportunities. |
|
1 | (3) The petitioner possesses or has secured adequate |
2 | financing, if necessary, to: |
3 | (i) Fund an expansion or modification of the |
4 | petitioner's licensed facility to accommodate table |
5 | games. |
6 | (ii) Pay the authorization fee under section 1361A |
7 | (relating to table game authorization fee). |
8 | (4) The petitioner has the financial stability, |
9 | integrity and responsibility to conduct table games. |
10 | (5) The petitioner has sufficient business ability and |
11 | experience to create and maintain a successful table game |
12 | operation. |
13 | (6) The petitioner's proposed internal and external |
14 | security and proposed surveillance measures within the area |
15 | of the licensed facility where the petitioner seeks to |
16 | conduct table games are adequate. |
17 | (7) The petitioner agrees to maintain the same number of |
18 | slot machines in operation at the time the petition is |
19 | submitted, or if the slot machine licensee is not yet |
20 | operating slot machines, the amount required in the approved |
21 | application for the operation of slot machines unless a |
22 | reduction is approved by the board upon good cause shown. |
23 | § 1316A. Award of certificate. |
24 | After approval of a petition, the board shall award a table |
25 | games operation certificate to the petitioner after payment of |
26 | the authorization fee in accordance with section 1361A (relating |
27 | to table game authorization fee). |
28 | § 1316.1A. Amendment of statement of conditions. |
29 | (a) Amendment.--Upon granting a petition for a table games |
30 | operation certificate, the board shall amend the slot machine |
|
1 | licensee's statement of conditions governing the slot machine |
2 | license to include conditions pertaining to the requirements of |
3 | this chapter. |
4 | (b) Sanctions.--A certificate holder that fails to abide by |
5 | this part as well as its statement of conditions of licensure in |
6 | conducting table games shall be subject to board-imposed |
7 | administrative sanctions or other penalties authorized under |
8 | this part. |
9 | § 1317A. Table games operation certificate. |
10 | The following shall apply: |
11 | (1) A table games operation certificate shall be in |
12 | effect unless suspended or revoked by the board or not |
13 | renewed by the certificate holder or by the board upon good |
14 | cause shown by the board consistent with the requirements of |
15 | this part. |
16 | (2) A table games operation certificate shall include an |
17 | itemized list by type and number of the table games approved |
18 | by the board and permitted in the particular licensed |
19 | facility. The certificate holder may increase or decrease the |
20 | number of table games at the licensed facility, change the |
21 | type of table games played at a particular table or change |
22 | the configuration of table games upon notice to the board and |
23 | approval by a designated employee of the board. Unless |
24 | approved by the board, the total number of table games in |
25 | operation at the licensed facility may not exceed the number |
26 | authorized in the table games operation certificate. |
27 | § 1318A. Timing of initial table game authorizations. |
28 | The board shall approve or deny a petition filed within 90 |
29 | days of the effective date of this chapter, no later than 60 |
30 | days after receipt of the filing. |
|
1 | § 1319A. Temporary facility. |
2 | The board may permit a certificate holder to conduct table |
3 | games at a temporary facility constructed for the purpose of |
4 | conducting table games which is physically connected to, |
5 | attached to or adjacent to a permanent facility for a period not |
6 | to exceed 24 months or at a temporary facility created under |
7 | section 1207(17) (relating to regulatory authority of board). |
8 | SUBCHAPTER C |
9 | CONDUCT OF TABLE GAMES |
10 | Sec. |
11 | 1321A. Authorized locations for table games. |
12 | 1322A. Commencement of table game operations. |
13 | 1323A. (Reserved). |
14 | 1324A. Condition of continued operation. |
15 | 1325A. Table game accounting controls and audit protocols. |
16 | 1326A. Cash equivalents. |
17 | 1327A. Key employees and occupation permits. |
18 | 1328A. Application of Clean Indoor Air Act. |
19 | 1329A. Application of Liquor Code. |
20 | § 1321A. Authorized locations for table games. |
21 | (a) Restriction.--Except as provided under subsection (b), a |
22 | certificate holder shall only be permitted to operate table |
23 | games at the licensed facility, including a temporary facility |
24 | approved under sections 1207(17) (relating to regulatory |
25 | authority of board) and 1319A (relating to temporary facility). |
26 | (b) Powers and duties of board.--Upon petition, the board |
27 | may authorize the executive director to designate specific areas |
28 | of a hotel, including conference rooms, ballrooms or other |
29 | rooms, in which the certificate holder may conduct table games |
30 | for the purposes of tournaments, contests or other games. No |
|
1 | certificate holder may be approved to conduct table games in a |
2 | hotel unless the areas to be designated are equipped with |
3 | adequate security and surveillance equipment to ensure the |
4 | integrity of the conduct of a table game contest or tournament. |
5 | In granting authorization under this section, the board shall be |
6 | prohibited from: |
7 | (1) Imposing any criteria or requirements regarding the |
8 | contents or structure of a hotel which are unrelated to the |
9 | conduct of table games. |
10 | (2) Authorizing the placement or operation of slot |
11 | machines in a hotel. |
12 | § 1322A. Commencement of table game operations. |
13 | A certificate holder may not conduct table games at a |
14 | licensed facility until the board determines that: |
15 | (1) The certificate holder is in compliance in all |
16 | respects with the requirements of this part. |
17 | (2) The certificate holder has implemented internal |
18 | controls and audit protocols under section 1325A (relating to |
19 | table game accounting controls and audits) and security and |
20 | surveillance measures for the conduct of table games. |
21 | (3) The certificate holder's table game-related |
22 | employees, where applicable, are licensed, permitted or |
23 | otherwise authorized by the board to perform their respective |
24 | duties. |
25 | (4) The certificate holder is prepared in all respects |
26 | to offer table game play to the public at the licensed |
27 | facility. |
28 | § 1323A. (Reserved). |
29 | § 1324A. Condition of continued operation. |
30 | As a condition of continued operation, a certificate holder |
|
1 | shall agree to maintain all books, records and documents |
2 | pertaining to table games in a manner and location at the |
3 | licensed facility as approved by the board. All books, records |
4 | and documents related to table games shall: |
5 | (1) be segregated by separate accounts within the slot |
6 | machine licensee's operations books, records and documents, |
7 | except for any books, records or documents that are common to |
8 | both operations; |
9 | (2) be immediately available for inspection upon request |
10 | of the board, the bureau, the Pennsylvania State Police or |
11 | agents of the Attorney General during all hours of operation |
12 | of the licensed facility in accordance with regulations |
13 | promulgated by the board; and |
14 | (3) be maintained for a period as the board, by |
15 | regulation, may require. |
16 | § 1325A. Table game accounting controls and audit protocols. |
17 | (a) Approval.--Prior to the commencement of table game |
18 | operations, a certificate holder shall submit to the board for |
19 | approval all proposed site plans, internal control systems and |
20 | audit protocols for the certificate holder's table game |
21 | operations. |
22 | (b) Minimum requirements.--A certificate holder's table |
23 | games internal controls and audit protocols shall: |
24 | (1) Safeguard its assets and revenues, including the |
25 | recording of cash and evidences of indebtedness related to |
26 | table games. |
27 | (2) Provide for reliable records, accounts and reports |
28 | of any financial event that occurs in the conduct of table |
29 | games, including reports to the board related to the table |
30 | games. |
|
1 | (3) Provide for accurate and reliable financial records |
2 | related to the conduct of table games. |
3 | (4) Establish procedures for all the following: |
4 | (i) The receipt, storage and disbursal of chips, |
5 | cash and cash equivalents used in table games. |
6 | (ii) Check cashing. |
7 | (iii) The redemption of chips, cash equivalents and |
8 | other representations of value used in table games and |
9 | the payoff of jackpots. |
10 | (iv) The recording of financial transactions |
11 | pertaining to table games. |
12 | (v) The collection and security of moneys at the |
13 | gaming tables. |
14 | (vi) The transfer and recording of chips between the |
15 | gaming tables and the cashier's cage. |
16 | (vii) The transfer of drop boxes for table games |
17 | from the gaming tables to the count room. |
18 | (viii) The counting and recording of table game |
19 | revenue, including security standards. |
20 | (ix) The security, storage and recording of cash, |
21 | chips and cash equivalents utilized in table games. |
22 | (x) Security standards for the handling and storage |
23 | of table games devices. |
24 | (xi) Rules governing the conduct of each table game |
25 | and the responsibility of employees related to table |
26 | games. |
27 | (xii) The collection and recording of revenue from |
28 | poker when it is a nonbanking game, including the types |
29 | of rake utilized and the methodology for calculating the |
30 | amount of permissible rake. |
|
1 | (5) Ensure that: |
2 | (i) Any wagering permitted at a table game is |
3 | implemented only in accordance with the management's |
4 | general or specific authorization, as approved by the |
5 | board. |
6 | (ii) There is proper and timely accounting of gross |
7 | table game revenue and the calculation of gross table |
8 | game revenue, fees, taxes and assessments based on the |
9 | gross table game revenue and maintain accountability for |
10 | assets. |
11 | (iii) Recorded accountability for assets is compared |
12 | with actual assets at reasonable intervals and that |
13 | appropriate action is taken with respect to any |
14 | discrepancies. |
15 | (iv) All functions, duties and responsibilities are |
16 | appropriately segregated and performed in accordance with |
17 | sound financial practices by competent, qualified |
18 | employees. |
19 | (6) Permit use of its licensed facility by the board, |
20 | the bureau and other persons authorized by the board to |
21 | facilitate their ability to perform regulatory and oversight |
22 | functions under this chapter. |
23 | (c) Submission to board.--The submission required under |
24 | subsection (a) shall include a detailed description of the |
25 | certificate holder's administrative and accounting procedures |
26 | related to table games, including its written system of internal |
27 | controls. Each written system of internal controls shall |
28 | include: |
29 | (1) An organizational chart depicting appropriate |
30 | functions and responsibilities of employees involved in both |
|
1 | the slot machine operations and table game operations. |
2 | (2) A description of the duties and responsibilities of |
3 | each position shown on the organizational chart. |
4 | (3) The record retention policy of the certificate |
5 | holder. |
6 | (4) The procedure to be utilized to ensure that assets |
7 | are safeguarded, including mandatory count procedures. |
8 | (5) A detailed narrative description of the |
9 | administrative and accounting procedures in place to ensure |
10 | compliance with the requirements of section 1326A (relating |
11 | to cash equivalents). |
12 | (6) A statement signed by the chief financial officer, |
13 | or other competent person, of the certificate holder |
14 | attesting that the officer believes, in good faith, that the |
15 | system satisfies the requirements of this section. |
16 | (d) Review.--Prior to authorizing a certificate holder to |
17 | conduct table games, the board shall review the system of |
18 | internal controls submitted under subsection (c) to determine |
19 | whether the system conforms to the requirements of this part and |
20 | whether it provides adequate and effective controls for the |
21 | conduct of table games. |
22 | § 1326A. Cash equivalents. |
23 | (a) Acceptance of checks.-- |
24 | (1) A certificate holder may accept a check from a |
25 | patron in exchange for cash or chips. The certificate holder |
26 | shall present each check for payment to the financial |
27 | institution upon which the check is drawn within ten days of |
28 | receipt by the certificate holder. No third party checks |
29 | shall be permitted. |
30 | (2) Notwithstanding any other provision of law, checks |
|
1 | cashed in conformity with the requirements of this section or |
2 | 13 Pa.C.S. Div. 3 (relating to negotiable instruments) shall |
3 | be valid instruments, enforceable at law in the courts of |
4 | this Commonwealth. Any check cashed, transferred, conveyed, |
5 | given or accepted in violation of this section shall be |
6 | invalid and unenforceable for the purposes of collection but |
7 | shall be included by the certificate holder in the |
8 | calculation of gross table game revenue. |
9 | (b) Credit and other financial transactions permitted.-– |
10 | (1) A certificate holder may make credit card advances |
11 | and debit card withdrawals available to patrons at its |
12 | licensed facility. All fees charged for cash advances, check |
13 | cashing, debit card withdrawals and the conversion of cash |
14 | equivalents shall be disclosed. Notwithstanding section 1504 |
15 | (relating to wagering on credit), a certificate holder may |
16 | extend credit to patrons for the purpose of playing slot |
17 | machines or table games. |
18 | (2) Each application for credit submitted by a patron to |
19 | a certificate holder shall be maintained in a credit file. |
20 | The application shall include the patron's name, address, |
21 | telephone number, comprehensive bank account information, the |
22 | requested credit limit, the patron's approximate amount of |
23 | current indebtedness, the amount and source of income in |
24 | support of the application, the patron's signature on the |
25 | application and on a certificate of truthfulness, both of |
26 | which shall be subject to 18 Pa.C.S. § 4903 (relating to |
27 | false swearing). The certification holder shall notify each |
28 | applicant that, as a condition of receiving credit, the |
29 | certificate holder will verify identity and indebtedness |
30 | information through a credit bureau, casino credit bureau |
|
1 | and, if appropriate, through direct contact with other |
2 | certificate holders. |
3 | (3) Prior to approving an application for credit, a |
4 | certificate holder shall verify: |
5 | (i) The identity, creditworthiness and indebtedness |
6 | information on the application by conducting a |
7 | comprehensive review of the information submitted with |
8 | the application and any information regarding the |
9 | patron's credit activity at other licensed facilities |
10 | which the certificate holder may obtain through a casino |
11 | credit bureau and, if appropriate, through direct contact |
12 | with other licensed facilities. |
13 | (ii) That the applicant's name is not included on an |
14 | exclusion list under section 1514 (relating to regulation |
15 | requiring exclusion of certain persons) or 1516 (relating |
16 | to list of persons self excluded from gaming activities) |
17 | or a voluntary credit suspension list under paragraph |
18 | (7). |
19 | (iii) The applicant's average bank balance through |
20 | direct contact with a casino credit bureau, credit agency |
21 | or with the applicant's bank. |
22 | (4) Each applicant's credit limit shall be approved by |
23 | any two or more employees of the certificate holder holding |
24 | the job positions of credit manager, assistant credit |
25 | manager, credit shift manager, credit executive or a key |
26 | employee in a direct reporting line above the manager or |
27 | credit manager. The approval shall be recorded in the |
28 | applicant's credit file and shall include the reasons and |
29 | information relied on for the approval of credit and |
30 | verification by the employees approving the applicant's |
|
1 | credit limit. Increases to an individual's credit limit may |
2 | be approved following a written request from the individual |
3 | and reverification of an individual's credit information. |
4 | (5) Detailed information pertaining to all transactions |
5 | affecting an individual's outstanding indebtedness to a |
6 | certificate holder shall be recorded in chronological order |
7 | in the individual's credit file. |
8 | (6) A certificate holder may reduce an individual's |
9 | credit limit or suspend credit to an individual upon |
10 | consideration of information affecting the individual's |
11 | creditworthiness or the individual's credit activities at the |
12 | licensed facility or another licensed facility. Any |
13 | individual may request a certificate holder to voluntarily |
14 | suspend the individual's credit at a particular licensed |
15 | facility. Each certificate holder shall inform the board of |
16 | any individual who requests a voluntary suspension of credit. |
17 | (7) The board shall maintain a voluntary credit |
18 | suspension list of all persons who have requested voluntary |
19 | suspension of credit privileges and shall provide the list on |
20 | a continuous basis to the credit department of each |
21 | certificate holder. An individual may request to be placed on |
22 | the voluntary credit suspension list by submitting to the |
23 | board the individual's name, address and date of birth. The |
24 | individual does not need to provide a reason for the request. |
25 | Notwithstanding any other provision of law to the contrary, |
26 | the board's list of individuals who have had credit |
27 | privileges voluntarily suspended shall be confidential, and |
28 | neither the board nor the credit department of a certificate |
29 | holder shall divulge the names on this list to any person or |
30 | entity other than those provided for in this subsection. To |
|
1 | be removed from the list, an individual shall submit a |
2 | request to the board, which shall remove the individual from |
3 | the list and inform the credit department of each certificate |
4 | holder of the removal not later than three days after the |
5 | submission of the request. |
6 | (8) A certificate holder or employee thereof shall not |
7 | be liable to any individual on the voluntary credit |
8 | suspension list or to any other party in any judicial |
9 | proceeding for any harm, monetary or otherwise, which may |
10 | arise as a result of: |
11 | (i) the failure of a certificate holder to restore |
12 | credit privileges to an individual on the voluntary |
13 | credit suspension list; or |
14 | (ii) otherwise permitting an individual on the |
15 | voluntary credit suspension list to engage in gaming |
16 | activity in the licensed facility while on the voluntary |
17 | credit suspension list. |
18 | § 1327A. Key employees and occupation permits. |
19 | Nothing in this chapter shall be construed to require any |
20 | individual who holds a principal, key employee or gaming |
21 | employee license under Chapter 13 (relating to licensees) to |
22 | obtain a separate license or permit to be employed in a |
23 | certificate holder's table game operation as authorized under |
24 | this chapter. |
25 | § 1328A. Application of Clean Indoor Air Act. |
26 | If the board authorizes the conduct of table games in a |
27 | designated area other than the gaming floor, as defined in |
28 | section 2 of the act of June 13, 2008 (P.L.182, No.27), known as |
29 | the Clean Indoor Air Act, the provisions of section 3(b)(11) of |
30 | the Clean Indoor Air Act shall apply to that area. |
|
1 | § 1329A. Application of Liquor Code. |
2 | The provisions of section 493(24)(ii) of the act of April 12, |
3 | 1951 (P.L.90, No.21), known as the Liquor Code, shall also apply |
4 | to table games. |
5 | SUBCHAPTER D |
6 | (RESERVED) |
7 | SUBCHAPTER E |
8 | TABLE GAME TESTING AND CERTIFICATION |
9 | Sec. |
10 | 1341A. Table games device testing and certification standards. |
11 | § 1341A. Table games device testing and certification |
12 | standards. |
13 | (a) Use of other state standards.--Until such time as the |
14 | board expands the independent testing and certification facility |
15 | established under section 1320(b) (relating to slot machine |
16 | testing and certification standards), the board may determine |
17 | whether the table games device testing and certification |
18 | standards of another jurisdiction within the United States in |
19 | which an applicant for a manufacturer license is licensed are |
20 | comprehensive and thorough and provide similar adequate |
21 | safeguards as those required by this part. If the board makes |
22 | that determination, it may permit a manufacturer as provided in |
23 | section 1317.1 (relating to manufacturer licenses) to deploy |
24 | those table games devices which have met the table games device |
25 | testing and certification standards in another jurisdiction |
26 | without undergoing the full testing and certification process by |
27 | the board's independent testing and certification facility. |
28 | (b) Expansion of independent testing and certification |
29 | facility.--Within one year of the effective date of this |
30 | chapter, the board shall expand the independent testing and |
|
1 | certification facility created under section 1320(b) to include |
2 | the testing and certification of table games devices. Costs |
3 | associated with the expansion of the facility shall be assessed |
4 | on the appropriate manufacturer licensed to manufacture table |
5 | games devices under this part in accordance with a schedule |
6 | adopted by the board. The expanded facility shall be made |
7 | available to each table games device manufacturer and supplier |
8 | as determined by the board. |
9 | SUBCHAPTER F |
10 | (Reserved) |
11 | SUBCHAPTER G |
12 | TABLE GAME TAXES AND FEES |
13 | Sec. |
14 | 1361A. Table game authorization fee. |
15 | 1362A. Table game tax. |
16 | 1363A. Local share assessment. |
17 | § 1361A. Table game authorization fee. |
18 | (a) Imposition.--The board shall impose on each certificate |
19 | holder a one-time nonrefundable authorization fee for a Category |
20 | 1 and Category 2 slot machine licensee in the amount of |
21 | $15,000,000 for the privilege of conducting table games. No |
22 | additional authorization fee shall be imposed for renewal of a |
23 | table games operation certificate. |
24 | (b) Petition deadlines.--All eligible slot machine |
25 | licensees, whether operational or not, that elect to submit a |
26 | petition, shall submit the petition and shall pay the |
27 | authorization fee in full by June 1, 2010. This subsection shall |
28 | not apply to a Category 1 license issued under section 1307 |
29 | (relating to number of slot machine licenses) after June 1, |
30 | 2010. |
|
1 | (c) Payment of fee.--The fee imposed under subsection (a) |
2 | may be paid through an installment period established by the |
3 | board, provided that the authorization fee shall be paid in full |
4 | on or before June 1, 2010. |
5 | (d) Failure to pay by deadline.--If a petitioner or |
6 | certificate holder fails to pay the authorization fee in full by |
7 | June 1, 2010, the board shall impose a penalty and may grant the |
8 | petitioner or certificate holder up to a six-month extension to |
9 | pay the authorization fee or any remaining authorization fee and |
10 | the penalty. The board may require the department to withhold a |
11 | certain amount from the certificate holder's daily net table |
12 | game revenue and remit it to the General Fund until the fee and |
13 | penalty are fully paid. |
14 | (e) Suspension of certificate.--The board shall suspend the |
15 | table games operation certificate if the certificate holder |
16 | fails to pay the total authorization fee and the penalty prior |
17 | to the expiration of the extension period granted under |
18 | subsection (c). The suspension shall remain in effect until |
19 | final payment is made. |
20 | (f) Petitions filed after deadline.--Any petition for a |
21 | Category 1 or Category 2 slot machine licensee filed after June |
22 | 1, 2010, shall be required to pay an authorization fee in the |
23 | amount of $20,000,000 at the time the petition is filed. This |
24 | subsection shall not apply to a Category 1 slot machine license |
25 | issued after June 1, 2010. |
26 | (g) Deposit of fees.–-Notwithstanding section 1208 (relating |
27 | to collection of fees and fines), all table game authorization |
28 | fees received by the board under subsection (a) or (f) or |
29 | penalties received under subsection (d) and all table game or |
30 | table games device or associated equipment manufacturer and |
|
1 | supplier license fees or table games devices or associated |
2 | equipment manufacturer and supplier renewal fees or fees for |
3 | licensees issued under Chapter 16 (relating to junkets) shall be |
4 | deposited in the General Fund. |
5 | § 1362A. Table game tax. |
6 | (a) Imposition.--Each certificate holder shall report on a |
7 | form prescribed by the department daily gross table game |
8 | revenue. Each certificate holder shall pay from its daily gross |
9 | table game revenue from the table games in operation at its |
10 | licensed facility a tax of 12% to be deposited into the General |
11 | Fund. |
12 | (b) Deposits and distributions.-– |
13 | (1) The tax imposed under subsection (a) shall be |
14 | payable to the department on a weekly basis and submitted 15 |
15 | days after the last day of the previous month and shall be |
16 | based upon gross table game revenue derived during the |
17 | previous month. |
18 | (2) All funds owed to the Commonwealth under this |
19 | section shall be held in trust for the Commonwealth by the |
20 | certificate holder until the funds are paid or transferred |
21 | and distributed by the department. Unless otherwise agreed to |
22 | by the board, a certificate holder shall establish a separate |
23 | bank account to maintain table game revenue until such time |
24 | as the funds are paid or transferred under this section. |
25 | (c) Deposits for property tax relief.--If, on the last day |
26 | of a fiscal year the balance of the Budget Stabilization Reserve |
27 | Fund established pursuant to section 1701-A of the act of April |
28 | 9, 1929 (P.L.343, No.176), known as The Fiscal Code, exceeds |
29 | $1,500,000,000, the Secretary of the Budget shall certify the |
30 | amount in the fund and the deposits made into the General Fund |
|
1 | pursuant to subsection (a) shall cease and all funds required to |
2 | be deposited into the General Fund pursuant to subsection (a) |
3 | prior to the secretary's certification shall thereafter be |
4 | deposited into the Property Tax Relief Fund established pursuant |
5 | to section 1409 (relating to Property Tax Relief Fund). |
6 | § 1363A. Local share assessment. |
7 | (a) Required payment.--In addition to the tax imposed under |
8 | section 1362A (relating to table game tax), the department shall |
9 | determine and each certificate holder shall pay into the fund a |
10 | local share assessment on gross table game revenue as provided |
11 | in subsections (b) and (c). All funds owed to a county or |
12 | municipality under this section shall be held in trust by the |
13 | certificate holder until the funds are paid and distributed. |
14 | Unless otherwise agreed to by the board, a certificate holder |
15 | shall establish a separate bank account to maintain gaming |
16 | proceeds until such time as they are paid or transferred under |
17 | this section. |
18 | (b) Distributions to counties.--The department shall make |
19 | quarterly distributions from the fund for the local share |
20 | assessment imposed under subsection (a) to counties, including |
21 | home rule counties, hosting a certificate holder in accordance |
22 | with the following: |
23 | (1) If the licensed facility is a Category 1 licensed |
24 | facility with a table games operation certificate that is |
25 | located at a harness racetrack and the county, including a |
26 | home rule county, in which the licensed facility is located |
27 | is: |
28 | (i) A county of the third class: 1% of the gross |
29 | table game revenue from each such licensed facility shall |
30 | be distributed in accordance with section 1403(c)(2)(i) |
|
1 | (D) (relating to establishment of State Gaming Fund and |
2 | net slot machine revenue distribution). |
3 | (ii) A county of the second class A: 1% of the |
4 | gross table game revenue from each such licensed facility |
5 | shall be distributed to the county. |
6 | (iii) A county of the fourth class: 1% of the gross |
7 | table game revenue from each such licensed facility shall |
8 | be distributed in accordance with section 1403(c)(2)(i) |
9 | (E). |
10 | (iv) A county of the fifth class: 1% of gross table |
11 | game revenue from each such licensed facility shall be |
12 | distributed in accordance with section 1403(c)(2)(i)(F). |
13 | (2) If the facility is a Category 1 licensed facility |
14 | that is located at a thoroughbred racetrack and the county in |
15 | which the licensed facility is located is: |
16 | (i) A county of the second class A: 1% of the gross |
17 | table game revenue from each such licensed facility shall |
18 | be distributed to the county for grants to hospitals in a |
19 | first class township that is contiguous to the |
20 | municipality in which the licensed facility is located. |
21 | (ii) A county of the third class: 1% of the gross |
22 | table game revenue from each such licensed facility shall |
23 | be distributed to the county to be used solely for the |
24 | establishment of a Violent Crime Task Force composed of |
25 | members of county and municipal law enforcement agencies |
26 | appointed by the district attorney. The task force shall |
27 | provide grants to law enforcement agencies and other |
28 | organizations to reduce gang violence, gun trafficking |
29 | and violence and drug-related crime. The district |
30 | attorney shall chair the task force and coordinate its |
|
1 | operations and activities. The county commissioners shall |
2 | appoint an advisory committee to the task force comprised |
3 | of county and municipal law enforcement agencies and |
4 | other community organizations. |
5 | (iii) A county of the third class that is also a |
6 | home rule county with a population of at least 275,000 |
7 | and not more than 300,000 based on the 2000 Federal |
8 | decennial census: 2% of the gross table game revenue |
9 | from each such licensed facility to a county |
10 | redevelopment authority to be placed in a restricted |
11 | receipt account which provides grants for the |
12 | establishment and maintenance of a community college |
13 | within the county. If a community college is not |
14 | established in the county within four years of the |
15 | effective date of this subparagraph, all money in the |
16 | restricted receipt account shall be used by the county |
17 | redevelopment authority for other economic development |
18 | projects. |
19 | (3) If the facility is a Category 2 licensed facility |
20 | and if the county in which the licensed facility is located |
21 | is: |
22 | (i) A county of the first class: 2% of the gross |
23 | table game revenue from each licensed facility located |
24 | within the county to be distributed as follows: |
25 | (A) Sixty-seven percent of the funds to the |
26 | Philadelphia Industrial Development Corporation for |
27 | grants to nonprofit organizations and governmental |
28 | agencies for programs that will preserve, improve, |
29 | develop and promote education, child welfare |
30 | services, crime prevention, health care clinics, work |
|
1 | force development, and the arts within the county. |
2 | Notwithstanding any other provision of law to the |
3 | contrary, funds from certificate holders located |
4 | within a county of the first class shall not be |
5 | distributed outside of a county of the first class. |
6 | For purposes of this paragraph, the term |
7 | "governmental agencies" shall include a school |
8 | district of the first class and agencies of a city of |
9 | the first class. |
10 | (B) Thirty-three percent of the funds to casino |
11 | community improvement districts created pursuant to |
12 | Chapter 17A (relating to first class city casino |
13 | community improvement district) and located within a |
14 | county of the first class. Funds shall be distributed |
15 | by the casino community improvement district in |
16 | accordance with Chapter 17A. The department shall |
17 | segregate the amount received from each licensed |
18 | facility into separate accounts and distribute the |
19 | funds to the appropriate casino community improvement |
20 | district. |
21 | (ii) A county of the second class: 1% of the gross |
22 | table game revenue to the county hosting the licensed |
23 | facility from each such licensed facility to be used as |
24 | follows: |
25 | (A) Seventy-five percent to a redevelopment |
26 | authority established by a county of the second class |
27 | pursuant to the act of May 24, 1945 (P.L.991, |
28 | No.385), known as the Urban Redevelopment Law. |
29 | (B) Ten percent to a recognized tourist |
30 | promotion agency in a county of the second class |
|
1 | established pursuant to the former act of April 28, |
2 | 1961 (P.L.111, No.50), known as the Tourist Promotion |
3 | Law and recognized by the Department of Community and |
4 | Economic Development. |
5 | (C) Fifteen percent to a recognized tourist |
6 | promotion agency that is established pursuant to the |
7 | former Tourist Promotion Law and recognized by the |
8 | Department of Community and Economic Development by a |
9 | home rule municipality that was formerly a township |
10 | or borough located in a county of the second class. |
11 | (iii) A county of the third class that is contiguous |
12 | to a county of the fifth class that hosts a Category 2 |
13 | licensed facility: 1% of gross table game revenue to the |
14 | county for economic development projects, community |
15 | improvement projects and other projects in the public |
16 | interest within the county. |
17 | (iv) A county of the fifth class: 1% of the gross |
18 | table game revenue from each such licensed facility shall |
19 | be deposited and distributed as follows: |
20 | (A) Fifty percent shall be deposited into the |
21 | restricted receipts account in the Department of |
22 | Community and Economic Development created pursuant |
23 | to section 1403(c)(2)(iii)(F)(I) for distribution in |
24 | accordance with that section. |
25 | (B) Fifty percent shall be transferred to the |
26 | Pennsylvania Higher Education Assistance Agency for |
27 | deposit into a restricted account to be used |
28 | exclusively for grants to a school of medicine |
29 | located in a city of the second class A within a |
30 | county of the third class for operating costs |
|
1 | associated with the school of medicine. |
2 | (v) The distributions provided in this subparagraph |
3 | shall be based upon county classification in effect on |
4 | the effective date of this section. For the purposes of |
5 | this paragraph, any reclassification of a county as a |
6 | result of a Federal decennial census or of a State |
7 | statute shall not apply to this paragraph. |
8 | (4) The following apply: |
9 | (i) If the facility is a Category 3 licensed |
10 | facility located in a county of the second class A: 1% |
11 | of the gross table game revenue from each such licensed |
12 | facility shall be deposited into a restricted receipt |
13 | account established in the Commonwealth Financing |
14 | Authority to be used exclusively for grants or guarantees |
15 | for projects in the host county that qualify under 64 |
16 | Pa.C.S. §§ 1551 (relating to Business in Our Sites |
17 | Program), 1556 (relating to Tax Increment Financing |
18 | Guarantee Program) and 1558 (relating to Water Supply and |
19 | Waste Water Infrastructure Program). |
20 | (ii) If the facility is a Category 3 licensed |
21 | facility in a county other than a county of the second |
22 | class A: 1% of the gross table game revenue from each |
23 | such licensed facility shall be distributed in accordance |
24 | with section 1403(c)(2)(iv)(A). |
25 | (c) Distributions to municipalities.--The department shall |
26 | make quarterly distributions from the fund for the local share |
27 | assessment imposed under subsection (a) to municipalities, |
28 | including home rule municipalities, hosting a certificate holder |
29 | in accordance with the following: |
30 | (1) A city of the second class hosting a licensed |
|
1 | facility, other than a Category 3 licensed facility: 1% of |
2 | the gross table game revenue shall be paid by each |
3 | certificate holder operating a facility located in that city |
4 | to be used as follows: |
5 | (i) Seventy-five percent to a redevelopment |
6 | authority established by a city of the second class |
7 | pursuant to the act of May 24, 1945 (P.L.991, No.385), |
8 | known as the Urban Redevelopment Law. |
9 | (ii) Twenty-five percent to a recognized tourist |
10 | promotion agency in a city of the second class |
11 | established pursuant to the former Tourist Promotion Law |
12 | and recognized by the Department of Community and |
13 | Economic Development. |
14 | (2) A city of the third class hosting a licensed |
15 | facility, other than a Category 3 licensed facility: 1% of |
16 | the gross table game revenue shall be paid by each |
17 | certificate holder to the city, subject, however, to the |
18 | budgetary limitation in this paragraph. The amount allocated |
19 | to each designated municipality shall not exceed 50% of the |
20 | municipality’s total budget for fiscal year 2009, adjusted |
21 | for inflation in subsequent years by an amount not to exceed |
22 | an annual cost-of-living adjustment calculated by applying |
23 | the percentage change in the Consumer Price Index immediately |
24 | prior to the date the adjustment is due to take effect. Any |
25 | money not distributed to the municipality because of the |
26 | budgetary limitation shall be collected by the department |
27 | from each certificate holder and distributed in accordance |
28 | with this paragraph based upon the classification of county |
29 | where the licensed facility is located. |
30 | (3) If a licensed facility is located in a city of the |
|
1 | third class and the city is located in more than one county |
2 | of the third class, 1% of the gross table game revenue shall |
3 | be distributed as follows: 60% to the host city and 40% to |
4 | the city of the third class located solely in a nonhost |
5 | county in which the host city of the third class is also |
6 | located. |
7 | (4) A township of the first class hosting a licensed |
8 | facility, other than a Category 3 licensed facility: 1% of |
9 | the gross table game revenue shall be paid by each |
10 | certificate holder located in the township subject, however, |
11 | to the budgetary limitation in this paragraph. The amount |
12 | allocated to each designated municipality shall not exceed |
13 | 50% of the municipality's total budget for fiscal year 2009, |
14 | adjusted for inflation in subsequent years by an amount not |
15 | to exceed an annual cost-of-living adjustment calculated by |
16 | applying the percentage change in the Consumer Price Index |
17 | immediately prior to the date the adjustment is due to take |
18 | effect. Any money not distributed to the municipality because |
19 | of the budgetary limitation shall be collected by the |
20 | department from each certificate holder and distributed in |
21 | accordance with subsection (b) based upon the classification |
22 | of county where the licensed facility is located. |
23 | (5) The following apply: |
24 | (i) A township of the second class hosting a |
25 | licensed facility, other than a Category 3 licensed |
26 | facility: 1% of the gross table game revenue shall be |
27 | paid by each certificate holder located in the township, |
28 | subject, however, to the budgetary limitation in this |
29 | paragraph. The amount allocated to each designated |
30 | municipality shall not exceed 50% of the municipality's |
|
1 | total budget for fiscal year 2009, adjusted for inflation |
2 | in subsequent years by an amount not to exceed an annual |
3 | cost-of-living adjustment calculated by applying the |
4 | percentage change in the Consumer Price Index immediately |
5 | prior to the date the adjustment is due to take effect. |
6 | Any money not distributed to the municipality because of |
7 | the budgetary limitation shall be collected by the |
8 | department from each certificate holder and distributed |
9 | in accordance with subsection (b) based upon the |
10 | classification of county where the licensed facility is |
11 | located. No local share shall be distributed to a |
12 | township of the second class located in a county of the |
13 | third class receiving 2% of gross table game revenues |
14 | under subsection (b)(2)(iii). |
15 | (ii) A township of the second class in a second |
16 | class A county hosting a thoroughbred racetrack, 1% of |
17 | gross table game revenue from all such licensed |
18 | facilities shall be distributed to the recreation |
19 | department of the second class township to support youth |
20 | athletics. The amount allocated shall not exceed 50% of |
21 | the municipality's total budget for fiscal year 2009, |
22 | adjusted for inflation in subsequent years by an amount |
23 | not to exceed an annual cost-of-living adjustment |
24 | calculated by applying the percentage change in the |
25 | Consumer Price Index immediately prior to the date the |
26 | adjustment is due to take effect. Any remaining money |
27 | shall be collected by the department and distributed in |
28 | accordance with subsection (b) based upon the |
29 | classification of county where the licensed facility is |
30 | located. |
|
1 | (iii) A township of the second class in a third |
2 | class county with a population of not less than 200,000 |
3 | but not more than 260,000 hosting a thoroughbred |
4 | racetrack where the licensed facility and all attached or |
5 | contiguous acreage owned by the licensed facility is |
6 | located in more than one second class township, $120,000 |
7 | annually shall be paid to each second class township by |
8 | the licensed facility subject to the budgetary limitation |
9 | in this subparagraph. The amount allocated shall not |
10 | exceed 50% of the municipality’s total budget for fiscal |
11 | year 2009, adjusted for inflation in subsequent years by |
12 | an amount not to exceed an annual cost-of-living |
13 | adjustment calculated by applying the percentage change |
14 | in the Consumer Price Index immediately prior to the date |
15 | the adjustment is due to take effect. Any remaining money |
16 | shall be collected by the department from each licensed |
17 | gaming entity to the county to fund the task force |
18 | established under subsection (b)(2)(ii). |
19 | (6) A municipality of any class hosting a Category 3 |
20 | facility, 1% of the gross terminal revenue from the Category |
21 | 3 licensed facility located in the municipality, subject, |
22 | however, to the budgetary limitation in this paragraph. The |
23 | amount allocated to each designated municipalities shall not |
24 | exceed 50% of the municipality's total budget for fiscal year |
25 | 2009, adjusted for inflation in subsequent years by an amount |
26 | not to exceed an annual cost-of-living adjustment calculated |
27 | by applying the percentage change in the Consumer Price Index |
28 | immediately prior to the date the adjustment is due to take |
29 | effect. Any money not distributed to the municipality because |
30 | of the budgetary limitation shall be collected by the |
|
1 | department from each certificate holder and distributed in |
2 | accordance with subsection (b) based upon the classification |
3 | of county where the licensed facility is located. |
4 | (7) The distributions provided in this paragraph shall |
5 | be based upon municipal classifications in effect on the |
6 | effective date of this section. For the purposes of this |
7 | paragraph, any reclassification of municipalities as a result |
8 | of a Federal decennial census or of a State statute shall not |
9 | apply to this paragraph. |
10 | (8) If any provision of this paragraph is found to be |
11 | unenforceable for any reason, the distribution provided for |
12 | in such unenforceable provision shall be made to the |
13 | municipality in which the licensed facility is located. |
14 | (9) References to the Consumer Price Index shall mean |
15 | the Consumer Price Index for All Urban Consumers for the |
16 | Pennsylvania, New Jersey, Delaware and Maryland area for the |
17 | most recent 12-month period for which figures have been |
18 | officially reported by the United States Department of Labor, |
19 | Bureau of Labor Statistics. |
20 | Section 9. Section 1401(b) of Title 4 is amended to read: |
21 | § 1401. Slot machine licensee deposits. |
22 | * * * |
23 | (b) Initial deposit of funds.--Not later than two business |
24 | days prior to the commencement of slot machine operations by a |
25 | slot machine licensee, [the] a slot machine licensee shall |
26 | deposit and maintain the [sum of $5,000,000] following sums in |
27 | its account to guarantee the payment of funds to the |
28 | Commonwealth under this part and as security for its obligations |
29 | under section 1405 (relating to Pennsylvania Race Horse |
30 | Development Fund)[.]: |
|
1 | (1) For a Category 1 or Category 2 slot machine |
2 | licensee, $2,500,000. |
3 | (2) For a Category 3 slot machine licensee, $1,250,000. |
4 | No additional deposit shall be required from a slot machine |
5 | licensee if a slot machine licensee is granted a certificate |
6 | under Chapter 13A (relating to table games). |
7 | * * * |
8 | Section 9.1. (Reserved). |
9 | Section 9.2. Sections 1403(c)(2)(i)(E), (iii)(F) and (iv) |
10 | and (3)(v), 1406(a)(2) and (e), 1408(a) and (c), 1501(b) and |
11 | (c), 1504 and 1505 of Title 4 are amended to read: |
12 | § 1403. Establishment of State Gaming Fund and net slot machine |
13 | revenue distribution. |
14 | * * * |
15 | (c) Transfers and distributions.--The department shall: |
16 | * * * |
17 | (2) From the local share assessment established in |
18 | subsection (b), make quarterly distributions among the |
19 | counties hosting a licensed facility in accordance with the |
20 | following schedule: |
21 | (i) If the licensed facility is a Category 1 |
22 | licensed facility that is located at a harness racetrack |
23 | and the county, including a home rule county, in which |
24 | the licensed facility is located is: |
25 | * * * |
26 | (E) A county of the fourth class: 2% of the |
27 | gross terminal revenue from each such licensed |
28 | facility shall be distributed as follows: |
29 | (I) The department shall make quarterly |
30 | distributions directly to each municipality |
|
1 | within the county, except the host municipality, |
2 | by using a formula equaling the sum of $25,000 |
3 | plus $10 per resident of such municipality using |
4 | the most recent population figures provided by |
5 | the Department of Community and Economic |
6 | Development; provided, however, that the amount |
7 | so distributed to any municipality shall not |
8 | exceed 50% of its total budget for fiscal year |
9 | 2009, adjusted for inflation in subsequent fiscal |
10 | years by an amount not to exceed an annual cost- |
11 | of-living adjustment calculated by applying any |
12 | upward percentage change in the Consumer Price |
13 | Index immediately prior to the date the |
14 | adjustment is due to take effect. Distributions |
15 | to a municipality in accordance with this |
16 | subclause shall be deposited into a special fund |
17 | which shall be established by the municipality. |
18 | The governing body of the municipality shall have |
19 | the right to draw upon the special fund provided |
20 | that the municipality identify the fund as the |
21 | source of the expenditure. Each municipality |
22 | shall annually submit a report to the Department |
23 | of Community and Economic Development detailing |
24 | the amount and purpose of each expenditure made |
25 | from the special account during the prior fiscal |
26 | year. |
27 | (II) Any funds not distributed under |
28 | subclause (I) shall be deposited into a |
29 | restricted account established in the Department |
30 | of Community and Economic Development to be used |
|
1 | exclusively for grants to the county, to economic |
2 | development authorities or redevelopment |
3 | authorities within the county for grants for |
4 | economic development projects, infrastructure |
5 | projects, job training, community improvement |
6 | projects, other projects in the public interest |
7 | and reasonable administrative costs. |
8 | Notwithstanding the provisions of the act of |
9 | February 9, 1999 (P.L.1, No.1), known as the |
10 | Capital Facilities Debt Enabling Act, grants made |
11 | under this clause may be utilized as local |
12 | matching funds for other grants or loans from the |
13 | Commonwealth. |
14 | * * * |
15 | (iii) If the facility is a Category 2 licensed |
16 | facility and if the county in which the licensed facility |
17 | is located is: |
18 | * * * |
19 | (F) Counties of the fifth class: 2% of the |
20 | gross terminal revenue from each such licensed |
21 | facility shall be deposited and distributed as |
22 | follows: |
23 | (I) [One percent] Beginning in January, |
24 | 2010, the sum of $2,400,000 annually for a period |
25 | of 20 years to the county for purposes of funding |
26 | debt service related to the construction of a |
27 | community college campus located within the |
28 | county. Any funds not distributed in this fashion |
29 | shall be deposited into a restricted receipts |
30 | account in the Department of Community and |
|
1 | Economic Development to be used exclusively for |
2 | grants within the county for economic development |
3 | projects, road projects located within a 20-mile |
4 | radius of the licensed facility and located |
5 | within the county community improvement projects |
6 | and other projects in the public interest within |
7 | the county. The amount under this subclause |
8 | includes reasonable administrative costs. |
9 | (II) One percent shall be deposited into a |
10 | restricted receipts account in the Department of |
11 | Community and Economic Development to be used |
12 | exclusively for grants within contiguous counties |
13 | for economic development projects, community |
14 | improvement projects and other projects in the |
15 | public interest within contiguous counties. The |
16 | amount under this subclause includes reasonable |
17 | administrative costs. A contiguous county that |
18 | hosts a Category 1 licensed facility shall be |
19 | ineligible to receive grants under this |
20 | subclause. |
21 | (III) Fifty percent of any revenue required |
22 | to be transferred under paragraph (3)(v) shall be |
23 | deposited into the restricted receipts account |
24 | established under subclause (I), and 50% shall be |
25 | deposited into the restricted receipt account |
26 | established under subclause (II). Notwithstanding |
27 | the Capital Facilities Debt Enabling Act, grants |
28 | made under this clause may be utilized as local |
29 | matching funds for other grants or loans from the |
30 | Commonwealth. |
|
1 | * * * |
2 | (iv) [If] (A) Except as provided in clause (B), if |
3 | the facility is a Category 3 licensed facility, 2% of |
4 | the gross terminal revenue from each such licensed |
5 | facility shall be deposited into a restricted account |
6 | established in the Department of Community and |
7 | Economic Development to be used exclusively for |
8 | grants to the county, to economic development |
9 | authorities or redevelopment authorities within the |
10 | county for grants for economic development projects |
11 | and community improvement projects. |
12 | (B) If the facility is a Category 3 licensed |
13 | facility located in a county of the second class A, |
14 | 2% of the gross terminal revenue from each such |
15 | licensed facility shall be deposited into a |
16 | restricted account established in the Commonwealth |
17 | Financing Authority to be used exclusively for grants |
18 | or guarantees for projects in the host county that |
19 | qualify under 64 Pa.C.S. §§ 1551 (relating to |
20 | Business And Our Sites Program), 1556 (relating to |
21 | Tax Increment Financing Guarantee Program) and 1558 |
22 | (relating to Water Supply and Waste Water |
23 | Infrastructure Program). |
24 | * * * |
25 | (3) From the local share assessment established in |
26 | subsection (b), make quarterly distributions among the |
27 | municipalities, including home rule municipalities, hosting a |
28 | licensed facility in accordance with the following schedule: |
29 | * * * |
30 | (v) To a township of the second class hosting a |
|
1 | licensed facility, other than a Category 3 licensed |
2 | facility, 2% of the gross terminal revenue or $10,000,000 |
3 | annually, whichever is greater, shall be paid by each |
4 | licensed gaming entity operating a licensed facility |
5 | located in the township, subject, however, to the |
6 | budgetary limitation in this subparagraph. The amount |
7 | allocated to the designated municipalities shall not |
8 | exceed 50% of their total budget for fiscal year |
9 | 2003-2004, adjusted for inflation in subsequent years by |
10 | an amount not to exceed an annual cost-of-living |
11 | adjustment calculated by applying the percentage change |
12 | in the Consumer Price Index immediately prior to the date |
13 | the adjustment is due to take effect. Any remaining money |
14 | shall be collected by the department from each licensed |
15 | gaming entity and distributed in accordance with |
16 | paragraph (2) based upon the classification of county |
17 | where the licensed facility is located. Where the |
18 | licensed facility is other than a Category 3 and is |
19 | located in more than one second class township, the |
20 | county commissioners of the county of the third class in |
21 | which the facility is located shall appoint an advisory |
22 | committee for the purpose of advising the county as to |
23 | the need for municipal grants for health, safety, |
24 | transportation and other projects in the public interest |
25 | to be comprised of two individuals from the host |
26 | municipality, two from contiguous municipalities within |
27 | the county of the third class and one from the host |
28 | county. A township of the second class that is located in |
29 | a county of the fifth class in which land is located that |
30 | is owned by and adjacent to a licensed facility located |
|
1 | at a thoroughbred race track and other areas owned by the |
2 | licensed facility, including racetracks, grazing fields |
3 | or any other adjoining real property, shall receive a |
4 | portion of the gross terminal revenue in accordance with |
5 | subparagraph (x) as if such land were part of the |
6 | licensed facility not to exceed $140,000 annually. A |
7 | county other than a county of the third class in which |
8 | the licensed facility is located is not required to |
9 | appoint an advisory committee and may use funds received |
10 | under this subparagraph for purposes other than municipal |
11 | grants. In the event that the revenues generated by the |
12 | 2% do not meet the $10,000,000 minimum specified in this |
13 | subparagraph, the department shall collect the remainder |
14 | of the minimum amount of $10,000,000 from each licensed |
15 | gaming entity operating a licensed facility in the |
16 | township, pay any balance due to the township and |
17 | transfer any remainder in accordance with paragraph (2). |
18 | * * * |
19 | § 1406. Distributions from Pennsylvania Race Horse Development |
20 | Fund. |
21 | (a) Distributions.--[Funds] Except as provided in subsection |
22 | (a)(2), funds from the Pennsylvania Race Horse Development Fund |
23 | shall be distributed to each active and operating Category 1 |
24 | licensee conducting live racing in the following manner: |
25 | * * * |
26 | (2) [(Reserved).] For fiscal years 2009-2010 through |
27 | 2012-2013, subparagraphs (i), (ii) and (iii) shall apply. |
28 | Distributions to licensed racing entities from the |
29 | Pennsylvania Race Horse Development Fund shall be allocated |
30 | as follows: |
|
1 | (i) Each week, 17% of the money in the Pennsylvania |
2 | Race Horse Development Fund shall be transferred to the |
3 | General Fund. |
4 | (ii) Each week, the remaining 83% of the money in |
5 | the Pennsylvania Race Horse Development Fund shall be |
6 | distributed to each active and operating Category 1 slot |
7 | machine licensee conducting live racing in an amount |
8 | calculated by the department. The amount shall be based |
9 | on a percentage of each active and operating Category 1 |
10 | licensee's gross terminal revenue, equal to an amount |
11 | calculated as "A" divided by "B," with "A" being equal to |
12 | the individual Category 1 slot machine licensee's gross |
13 | terminal revenue for the week, and with "B" being equal |
14 | to the total of all active and operating Category 1 |
15 | licensees' gross terminal revenue for the week. |
16 | (iii) After receipt of the distribution under |
17 | subparagraph (ii) moneys shall be allocated as follows: |
18 | (A) The greater of 4% of the amount to be |
19 | distributed weekly under subparagraph (ii) or |
20 | $220,000 shall be used to fund health and pension |
21 | benefits for the members of the horsemen's |
22 | organizations representing the owners and trainers at |
23 | the racetrack at which the licensed racing entity |
24 | operates for the benefit of the organization's |
25 | members, their families, employees and others in |
26 | accordance with the rules and eligibility |
27 | requirements of the organization, as approved by the |
28 | State Horse Racing Commission or the State Harness |
29 | Racing Commission. This amount shall be deposited |
30 | within five business days of the end of each week |
|
1 | into a separate account to be established by each |
2 | respective horsemen's organization at a banking |
3 | institution of its choice. Of this amount, a minimum |
4 | of $250,000 shall be paid annually by the horsemen's |
5 | organization to the thoroughbred jockeys or |
6 | standardbred drivers organization at the racetrack at |
7 | which the licensed racing entity operates for health |
8 | insurance, life insurance or other benefits to active |
9 | and disabled thoroughbred jockeys or standardbred |
10 | drivers in accordance with the rules and eligibility |
11 | requirements of that organization. |
12 | (B) The remaining money not distributed under |
13 | this subsection shall be distributed in accordance |
14 | with paragraph (1)(i) and (ii). |
15 | (C) In no event shall a licensed gaming entity |
16 | be required to provide any additional moneys to the |
17 | fund, other than those required under section 1405 |
18 | (relating to Pennsylvania Race Horse Development |
19 | Fund). |
20 | * * * |
21 | (e) Filing of audit.--The following shall apply: |
22 | (1) All horsemen's organizations that receive funds |
23 | under this section shall file annually with the appropriate |
24 | commission and the board an audit prepared by a certified |
25 | public accountant of all funds received. Such filings shall |
26 | be open to public review. The horsemen's organizations shall |
27 | maintain adequate records concerning receipt and distribution |
28 | of funds allocated to them. |
29 | (2) At least once every two years, the Department of |
30 | Agriculture shall conduct a financial audit of all funds |
|
1 | distributed to a horsemen's organization under subsection |
2 | (a). The audit report shall include recommendations for |
3 | changes in law or policy relating to the distribution or use |
4 | of the funds. The initial audit report shall be submitted by |
5 | December 31, 2010, and subsequent reports shall be submitted |
6 | by December 31 every two years thereafter. Audit reports |
7 | shall be submitted to the board, the Chairman and Minority |
8 | Chairman of the Appropriations Committee in the Senate and |
9 | the House of Representatives, the Chairman and Minority |
10 | Chairman of the Community, Economic and Recreational |
11 | Development Committee in the Senate and the Gaming Oversight |
12 | Committee in the House of Representatives. The department |
13 | shall be reimbursed for the cost of the audit by the |
14 | horsemen's organization that is the subject of the audit. |
15 | * * * |
16 | § 1408. Transfers from State Gaming Fund. |
17 | (a) Transfer for compulsive and problem gambling and drug |
18 | and alcohol treatment.--Each year, the sum of [$1,500,000 or an |
19 | amount equal to .001 multiplied by the total gross terminal |
20 | revenue of all active and operating licensed gaming entities, |
21 | whichever is greater,] $3,000,000 shall be transferred from the |
22 | fund into the Compulsive and Problem Gambling Treatment Fund |
23 | established in section 1509 (relating to compulsive and problem |
24 | gambling program) to be used solely for the purposes of |
25 | compulsive and problem gambling and drug and alcohol assessment |
26 | and treatment. |
27 | * * * |
28 | (c) Local law enforcement grants.--Annually, the sum of |
29 | [$5,000,000] $2,000,000 shall be transferred to the board for |
30 | the purpose of issuing grants to local law enforcement agencies |
|
1 | to enforce and prevent [the unlawful operation of slot machines] |
2 | all forms of unlawful gaming in this Commonwealth. For purposes |
3 | of this subsection, the term "local law enforcement agency" |
4 | shall include Pennsylvania State Police activities in a |
5 | municipality which does not have a municipal police department |
6 | for activities in that municipality. |
7 | § 1501. Responsibility and authority of department. |
8 | * * * |
9 | (b) Application of rules and regulations.--The department |
10 | may prescribe the extent, if any, to which any rules and |
11 | regulations shall be applied without retroactive effect. The |
12 | department shall have authority to prescribe the forms and the |
13 | system of accounting and recordkeeping to be employed and |
14 | through its representative shall at all times have power of |
15 | access to and examination and audit of any equipment and records |
16 | relating to all aspects of the operation of slot machines and |
17 | table games under this part. |
18 | (c) Procedure.--For purposes of implementing this part, the |
19 | department may promulgate regulations in the same manner in |
20 | which the board is authorized as provided in section 1203 |
21 | (relating to temporary regulations) and section 1303A (relating |
22 | to temporary table game regulations). |
23 | * * * |
24 | § 1504. Wagering on credit. |
25 | [Slot] Except as otherwise provided in section 1326A |
26 | (relating to cash equivalents), slot machine licensees may not |
27 | extend credit. Slot machine licensees who do not hold a table |
28 | games operation certificate may not accept credit cards, charge |
29 | cards or debit cards from a player for the exchange or purchase |
30 | of slot machine credits or for an advance of coins or currency |
|
1 | to be utilized by a player to play slot machine games or extend |
2 | credit in any manner to a player so as to enable the player to |
3 | play slot machines. Slot machine licensees may accept personal |
4 | checks. Slot machine licensees who hold a table games operation |
5 | certificate may extend credit for slot machine gaming and table |
6 | games in accordance with section 1326A. |
7 | § 1505. No eminent domain authority. |
8 | Neither the Commonwealth nor any political subdivision |
9 | thereof shall have the right to acquire, with or without |
10 | compensation, through the power of eminent domain any property, |
11 | easement or land use right for the siting or construction of a |
12 | licensed facility [for the operation of slot machines by a slot |
13 | machine licensee]. |
14 | Section 9.3. Section 1509(d) of Title 4 is amended and the |
15 | section is amended by adding subsections to read: |
16 | § 1509. Compulsive and problem gambling program. |
17 | * * * |
18 | (d) Single county authorities.--The Department of Health |
19 | [may] shall make grants from the fund established under |
20 | subsection (b) to a single county authority created pursuant to |
21 | the act of April 14, 1972 (P.L.221, No.63), known as the |
22 | Pennsylvania Drug and Alcohol Abuse Control Act, for the purpose |
23 | of providing compulsive gambling and gambling addiction |
24 | prevention, treatment and education programs. It is the |
25 | intention of the General Assembly that any grants that the |
26 | Department of Health may make to any single county authority in |
27 | accordance with the provisions of this subsection be used |
28 | exclusively for the development and implementation of compulsive |
29 | and problem gambling programs authorized under subsection (a). |
30 | (d.1) Addiction treatment and assessment.-- |
|
1 | (1) Annually, the Department of Health shall transfer |
2 | all funds in the Compulsive and Problem Gambling Treatment |
3 | Fund to the single county authorities created under the act |
4 | of April 14, 1972 (P.L.221, No.63), known as the Pennsylvania |
5 | Drug and Alcohol Abuse Control Act. The moneys transferred |
6 | and allocated shall be used by a single county authority for |
7 | compulsive and problem gambling and drug and/or alcohol |
8 | addiction assessments and for addiction treatment in |
9 | nonhospital residential detoxification facilities, |
10 | nonhospital residential rehabilitation facilities and halfway |
11 | houses licensed by the Department of Health to provide |
12 | addiction treatment services. No moneys authorized to be |
13 | transferred under this section shall be utilized to supplant |
14 | other funding for the treatment of drug and/or alcohol |
15 | addiction. |
16 | (2) Eligibility to receive treatment services for |
17 | treatment of compulsive and problem gambling and drug and/or |
18 | alcohol addictions associated or related to compulsive and |
19 | problem gambling under paragraph (1) shall be determined |
20 | based on financial eligibility and other requirements of the |
21 | single county authorities as approved by the Department of |
22 | Health. |
23 | (3) Within 60 days after the effective date of this |
24 | subsection, the Bureau of Drug and Alcohol Programs in the |
25 | Department of Health shall collaborate with providers and |
26 | other persons with expertise in the fields of compulsive and |
27 | problem gambling and drug and alcohol assessment and |
28 | treatment and the board's Office of Compulsive and Problem |
29 | Gambling to: |
30 | (i) Develop and implement a strategic plan for the |
|
1 | prevention and treatment of compulsive and problem |
2 | gambling and associated behavior disorders, including |
3 | drug and/or alcohol addictions. |
4 | (ii) Adopt compulsive and problem gambling treatment |
5 | standards capable of being integrated with the Bureau of |
6 | Drug and Alcohol Programs' uniform Statewide guidelines |
7 | that govern the provision of addiction treatment |
8 | services. The standards may provide criteria for the |
9 | certification of compulsive and problem gambling |
10 | counselors. |
11 | (iii) Develop, in collaboration with the appropriate |
12 | State agencies, a method to link compulsive and problem |
13 | gambling data collection and referral information to |
14 | crisis response hotlines and youth and domestic violence |
15 | programs or providers. |
16 | (iv) Collaborate with the other bureaus within the |
17 | Department of Health, the Department of Aging and other |
18 | appropriate offices and agencies of State or local |
19 | government and persons and entities, public or private, |
20 | as the bureau and the office shall determine, with |
21 | expertise in compulsive and problem gambling treatment to |
22 | educate youth and older Pennsylvanians through prevention |
23 | training and materials regarding the recognition and |
24 | treatment of compulsive and problem gambling problems. |
25 | The Bureau of Drug and Alcohol Programs and the board's |
26 | Office of Compulsive and Problem Gambling shall work with |
27 | the identified agencies and other agencies and entities |
28 | to develop demographic-specific compulsive and problem |
29 | gambling prevention, intervention and treatment programs. |
30 | Beginning October 1, 2010, and every October 1 thereafter, |
|
1 | the Bureau of Drug and Alcohol Programs and the board's |
2 | Office of Compulsive and Problem Gambling shall jointly |
3 | submit an annual report to the Governor and the General |
4 | Assembly reporting progress on and activities initiated to |
5 | facilitate the development and implementation of the |
6 | strategic plan for the prevention and treatment of compulsive |
7 | and problem gambling, associated addictions and the other |
8 | requirements of this section. |
9 | * * * |
10 | (f) Distribution.--Fifty percent of the revenue transferred |
11 | annually to the fund shall be distributed equally among the |
12 | individual counties in this Commonwealth. For counties which are |
13 | included in a single county authority, payment shall be made to |
14 | the single county authority to provide reimbursement for |
15 | services conducted within the individual county. |
16 | Section 9.4. Sections 1510(a), 1511(b), 1513(c), 1514(b), |
17 | (f), (g) and (h) and 1517(b)(1), (c)(12) and (e)(1) of Title 4 |
18 | are amended to read: |
19 | § 1510. Labor hiring preferences. |
20 | (a) Category 1, 2, and 3 licensed facilities, generally.-- |
21 | Each licensed gaming entity shall prepare a hiring plan for |
22 | employees of its respective licensed facility which promotes a |
23 | diverse work force, minority participation and personnel from |
24 | within the surrounding geographical area. The hiring plan shall |
25 | be consistent with the goals outlined in section 1212 (relating |
26 | to diversity goals of board) and section 1304A (relating to |
27 | Commonwealth resident employment goals). |
28 | * * * |
29 | § 1511. Declaration of exemption from Federal laws prohibiting |
30 | slot machines. |
|
1 | * * * |
2 | (b) Legal shipments.--All shipments of [slot machines] |
3 | gambling devices, as defined in section 1 of the Gambling |
4 | Devices Transportation Act (64 Stat. 1134, 15 U.S.C. § 1171), |
5 | into this Commonwealth, the registering, recording and labeling |
6 | of which has been effected by the manufacturer and supplier of |
7 | those devices, in accordance with sections [5 and 7] 3 and 4 of |
8 | the Gambling Devices Transportation Act (64 Stat. 1134, 15 |
9 | U.S.C. §§ [1175 and 1177] 1173 and 1174), shall be deemed legal |
10 | shipments of [slot machines] gambling devices into this |
11 | Commonwealth. |
12 | § 1513. Political influence. |
13 | * * * |
14 | (c) Penalties.--The first violation of this section by a |
15 | licensed gaming entity or any person that holds a controlling |
16 | interest in such gaming entity, or a subsidiary company thereof, |
17 | and any officer, director or management-level employee of such |
18 | licensee shall be punishable by a fine of not less than the sum |
19 | of an average single day's gross terminal revenue of the |
20 | licensed gaming entity derived from the operation of slot |
21 | machines and gross table game revenue from the operation of |
22 | table games in this Commonwealth; a second violation of this |
23 | section, within five years of the first violation, shall be |
24 | punishable by at least a one-day suspension of the license held |
25 | by the licensed gaming entity and a fine not less than the sum |
26 | of an average two days' gross terminal revenue and gross table |
27 | game revenues of the licensed gaming entity; a third violation |
28 | of this section within five years of the second violation shall |
29 | be punishable by the immediate revocation of the license held by |
30 | the licensed gaming entity. The first violation of this section |
|
1 | by a manufacturer or supplier licensed pursuant to this part or |
2 | by any person that holds a controlling interest in such |
3 | manufacturer or supplier, or a subsidiary company thereof, and |
4 | any officer, director or management-level employee of such a |
5 | licensee shall be punishable by a fine of not less than one |
6 | day's average of the gross profit from sales made by the |
7 | manufacturer or supplier in Pennsylvania during the preceding |
8 | 12-month period or portion thereof in the event the manufacturer |
9 | or supplier has not operated in Pennsylvania for 12 months; a |
10 | second violation of this section within five years of the first |
11 | violation shall be punishable by a one-month suspension of the |
12 | license held by the manufacturer or supplier and a fine of not |
13 | less than two times one day's average of the gross profit from |
14 | sales made by the manufacturer or supplier in Pennsylvania |
15 | during the preceding 12-month period or portion thereof in the |
16 | event the manufacturer or supplier has not operated in |
17 | Pennsylvania for 12 months. In no event shall the fine imposed |
18 | under this section be in an amount less than $50,000 for each |
19 | violation. In addition to any fine or sanction that may be |
20 | imposed by the board, any person who makes a contribution in |
21 | violation of this section commits a misdemeanor of the third |
22 | degree. |
23 | * * * |
24 | § 1514. Regulation requiring exclusion of certain persons. |
25 | * * * |
26 | (b) Categories to be defined.--The board shall promulgate |
27 | definitions establishing those categories of persons who shall |
28 | be excluded pursuant to this section, including cheats and |
29 | persons whose privileges for licensure, certification, permit or |
30 | registration have been revoked. |
|
1 | * * * |
2 | (f) Notice.--Whenever the [board places] bureau seeks to |
3 | place the name of any person on a list pursuant to this section, |
4 | the [board] bureau shall serve notice of this fact to such |
5 | person by personal service or certified mail at the last known |
6 | address of the person. The notice shall inform the individual of |
7 | the right to request a hearing under subsection (g). |
8 | (g) Hearing.--Within 30 days after receipt of notice in |
9 | accordance with subsection (f), the person named for exclusion |
10 | or ejection may demand a hearing before the board, at which |
11 | hearing the [board] bureau shall have the affirmative obligation |
12 | to demonstrate that the person named for exclusion or ejection |
13 | satisfies the criteria for exclusion established by this section |
14 | and the board's regulations. Failure of the person to demand a |
15 | hearing within 30 days after service shall be deemed an |
16 | admission of all matters and facts alleged in the [board's] |
17 | bureau's notice and shall preclude [a] the person from having an |
18 | administrative hearing, but shall in no way affect the right to |
19 | judicial review as provided in this section. |
20 | (h) Review.--If, upon completion of a hearing on the notice |
21 | of exclusion or ejection, the board determines that placement of |
22 | the name of the person on the exclusion list is appropriate, the |
23 | board shall make and enter an order to that effect, which order |
24 | shall be served on all [slot machine licensees] licensed gaming |
25 | entities. The order shall be subject to review by the |
26 | Commonwealth Court in accordance with the rules of court. |
27 | § 1517. Investigations and enforcement. |
28 | * * * |
29 | (b) Powers and duties of department.-- |
30 | (1) The department shall at all times have the power of |
|
1 | access to examination and audit of any equipment and records |
2 | relating to all aspects of the operation of slot machines or |
3 | table games under this part. |
4 | * * * |
5 | (c) Powers and duties of the Pennsylvania State Police.--The |
6 | Pennsylvania State Police shall have the following powers and |
7 | duties: |
8 | * * * |
9 | (12) Conduct audits or verification of information of |
10 | slot machine or table game operations at such times, under |
11 | such circumstances and to such extent as the bureau |
12 | determines. This paragraph includes reviews of accounting, |
13 | administrative and financial records and management control |
14 | systems, procedures and records utilized by a slot machine |
15 | licensee. |
16 | * * * |
17 | (e) Inspection, seizure and warrants.-- |
18 | (1) The bureau, the department and the Pennsylvania |
19 | State Police shall have the authority without notice and |
20 | without warrant to do all of the following in the performance |
21 | of their duties: |
22 | (i) Inspect and examine all premises where slot |
23 | machine or table game operations are conducted, gaming |
24 | devices or equipment are manufactured, sold, distributed |
25 | or serviced or where records of these activities are |
26 | prepared or maintained. |
27 | (ii) Inspect all equipment and supplies in, about, |
28 | upon or around premises referred to in subparagraph (i). |
29 | (iii) Seize, summarily remove and impound equipment |
30 | and supplies from premises referred to in subparagraph |
|
1 | (i) for the purposes of examination and inspection. |
2 | (iv) Inspect, examine and audit all books, records |
3 | and documents pertaining to a slot machine licensee's |
4 | operation. |
5 | (v) Seize, impound or assume physical control of any |
6 | book, record, ledger, game, device, cash box and its |
7 | contents, counting room or its equipment or slot machine |
8 | or table game operations. |
9 | * * * |
10 | Section 10. Section 1518(a)(2), (3), (4), (5), (7), (8), |
11 | (11) and (13), (b)(2) and (c)(1)(v) and (3) of Title 4 are |
12 | amended, subsection (a) is amended by adding paragraphs and the |
13 | section is amended by adding subsections to read: |
14 | § 1518. Prohibited acts; penalties. |
15 | (a) Criminal offenses.-- |
16 | * * * |
17 | (2) It shall be unlawful for a person to willfully: |
18 | (i) fail to report, pay or truthfully account for |
19 | and pay over any license fee, authorization fee, penalty, |
20 | tax or assessment imposed under this part; or |
21 | (ii) attempt in any manner to evade or defeat any |
22 | license fee, authorization fee, penalty, tax or |
23 | assessment imposed under this part. |
24 | (3) It shall be unlawful for any licensed entity, gaming |
25 | employee, key employee or any other person to permit a slot |
26 | machine or table game to be operated, transported, repaired |
27 | or opened on the premises of a licensed facility by a person |
28 | other than a person licensed or permitted by the board |
29 | pursuant to this part. |
30 | (4) It shall be unlawful for any licensed entity or |
|
1 | other person to manufacture, supply or place slot machines or |
2 | table games devices into play or display slot machines or |
3 | table games on the premise of a licensed facility without the |
4 | authority of the board. |
5 | (5) Except as provided for in section 1326 (relating to |
6 | license renewals), it shall be unlawful for a licensed entity |
7 | or other person to manufacture, supply, operate, carry on or |
8 | expose for play any slot machine, table game or table games |
9 | device after the person's license has expired and prior to |
10 | the actual renewal of the license. |
11 | * * * |
12 | (7) (i) Except as set forth in subparagraph (ii), it |
13 | shall be unlawful for an individual to use or possess a |
14 | cheating or thieving device, counterfeit or altered |
15 | billet, ticket, token or similar objects accepted by a |
16 | slot machine or counterfeit or altered slot machine- |
17 | issued tickets or vouchers at a licensed facility. |
18 | (ii) An authorized employee of a licensee or an |
19 | employee of the board may possess and use a cheating or |
20 | thieving device, counterfeit or altered billet, ticket, |
21 | token or similar objects accepted by a slot machine or |
22 | counterfeit or altered slot machine-issued tickets or |
23 | vouchers in performance of the duties of employment. |
24 | [(iii) As used in this paragraph, the term "cheating |
25 | or thieving device" includes, but is not limited to, a |
26 | device to facilitate the alignment of any winning |
27 | combination or to remove from any slot machine money or |
28 | other contents. The term includes, but is not limited to, |
29 | a tool, drill, wire, coin or token attached to a string |
30 | or wire and any electronic or magnetic device.] |
|
1 | (7.1) It shall be unlawful for an individual to do any |
2 | of the following: |
3 | (i) Use or possess counterfeit, marked, loaded or |
4 | tampered with table games devices or altered chips or |
5 | other cheating devices in the conduct of table games |
6 | under this part, except that an authorized employee of a |
7 | licensee or an authorized employee of the board may |
8 | possess and use counterfeit chips, cards or dice that |
9 | have been marked, loaded or tampered with, or other |
10 | cheating devices in performance of the duties of |
11 | employment for training or testing purposes only. |
12 | (ii) Knowingly, by a trick or sleight of hand |
13 | performance or by fraud or fraudulent scheme, cards, dice |
14 | or device, for themselves or for another, win or attempt |
15 | to win money or property at a licensed facility or a |
16 | representation of either or reduce or attempt to reduce a |
17 | losing wager. |
18 | (8) (i) Except as set forth in subparagraph (ii), it |
19 | shall be unlawful for an individual to knowingly possess |
20 | or use while on the premises of a licensed facility a key |
21 | or device designed for the purpose of and suitable for |
22 | opening or entering any slot machine, drop box or coin |
23 | box which is located on the premises of the licensed |
24 | facility. |
25 | (ii) An authorized employee of a licensee or a |
26 | member of the board may possess and use a device referred |
27 | to in subparagraph (i) in the performance of the duties |
28 | of employment. |
29 | * * * |
30 | (11) It shall be unlawful for a licensed gaming entity |
|
1 | that is a licensed racing entity and that has lost the |
2 | license issued to it by either the State Horse Racing |
3 | Commission or the State Harness Racing Commission under the |
4 | Race Horse Industry Reform Act or that has had that license |
5 | suspended to operate slot machines or table games at the |
6 | racetrack for which its slot machine license was issued |
7 | unless the license issued to it by either the State Horse |
8 | Racing Commission or the State Harness Racing Commission will |
9 | be subsequently reissued or reinstated within 30 days after |
10 | the loss or suspension. |
11 | * * * |
12 | (13) It shall be unlawful for any person under 18 years |
13 | of age to be permitted in [the] any area of a licensed |
14 | facility where slot machines or table games are operated. |
15 | (14) It shall be unlawful for any key employee, boxman, |
16 | floorman or any other casino employee who serves in a |
17 | supervisory position to solicit or accept and for any other |
18 | gaming employee to solicit any tip or gratuity from any |
19 | player or patron at the licensed facility where the person is |
20 | employed. |
21 | (15) It shall be unlawful for a licensed gaming entity |
22 | to require a table game wager to be greater than the table's |
23 | stated minimum or less than the table's stated maximum. |
24 | However, a wager made by a player and not rejected by a |
25 | licensed gaming entity prior to commencement of play shall be |
26 | treated as a valid wager. A wager accepted by a dealer shall |
27 | be paid or lost in its entirety in accordance with the rules |
28 | of the game, notwithstanding that the wager exceeded the |
29 | current table maximum wager or was lower than the current |
30 | table minimum wager. |
|
1 | (16) It shall be unlawful for any person to claim, |
2 | collect or take, or attempt to claim, collect or take, money |
3 | or anything of value in or from a slot machine or table game, |
4 | with intent to defraud, or to claim, collect or take an |
5 | amount greater than the amount won, or to manipulate with the |
6 | intent to cheat, any component of any game in a manner |
7 | contrary to the designed and normal operational purpose. |
8 | (b) Criminal penalties and fines.-- |
9 | * * * |
10 | (2) (i) For a first violation of subsection (a)(1) |
11 | through [(12)] 16, a person shall be sentenced to pay a |
12 | fine of: |
13 | (A) not less than $75,000 nor more than $150,000 |
14 | if the person is an individual; |
15 | (B) not less than $300,000 nor more than |
16 | $600,000 if the person is a licensed gaming entity; |
17 | or |
18 | (C) not less than $150,000 nor more than |
19 | $300,000 if the person is a licensed manufacturer or |
20 | supplier. |
21 | (ii) For a second or subsequent violation of |
22 | subsection (a)(1) through (12), a person shall be |
23 | sentenced to pay a fine of: |
24 | (A) not less than $150,000 nor more than |
25 | $300,000 if the person is an individual; |
26 | (B) not less than $600,000 nor more than |
27 | $1,200,000 if the person is a licensed gaming entity; |
28 | or |
29 | (C) not less than $300,000 nor more than |
30 | $600,000 if the person is a licensed manufacturer or |
|
1 | supplier. |
2 | (c) Board-imposed administrative sanctions.-- |
3 | (1) In addition to any other penalty authorized by law, |
4 | the board may impose without limitation the following |
5 | sanctions upon any licensee or permittee: |
6 | * * * |
7 | (v) Suspend the license of any licensed gaming |
8 | entity for violation of or attempting to violate any |
9 | provisions of this part or regulations promulgated under |
10 | this part relating to its slot machine or table games |
11 | operations. |
12 | * * * |
13 | (3) In addition to any other fines or penalties that the |
14 | board may impose under this part or regulation, if a person |
15 | violates subsection (a)(2), the board shall impose an |
16 | administrative penalty of three times the amount of the |
17 | license fee, authorization fee, tax or other assessment |
18 | evaded and not paid, collected or paid over. This subsection |
19 | is subject to 2 Pa.C.S. Chs. 5 Subch. A and 7 Subch. A. |
20 | (d) Aiding and abetting.--A person who aids, abets, |
21 | counsels, commands, induces, procures or causes another person |
22 | to violate a provision of this part shall be subject to all |
23 | sanctions and penalties, both civil and criminal, provided under |
24 | this part. |
25 | (e) Continuing offenses.--A violation of this part that is |
26 | determined to be an offense of a continuing nature shall be |
27 | deemed to be a separate offense on each event or day during |
28 | which the violation occurs. Nothing in this section shall be |
29 | construed to preclude the commission of multiple violations of |
30 | the provisions of this part in any one day that establish |
|
1 | offenses consisting of separate and distinct acts or violations |
2 | of the provisions of this part or regulations promulgated under |
3 | this part. |
4 | (f) Property subject to seizure, confiscation, destruction |
5 | or forfeiture.--Any equipment, device or apparatus, money, |
6 | material, gaming proceeds or real or personal property used, |
7 | obtained or received or any attempt to use, obtain or receive |
8 | the device, apparatus, money, material, proceeds or real or |
9 | personal property in violation of this part shall be subject to |
10 | seizure, confiscation, destruction or forfeiture. |
11 | (g) Sanctions.-- |
12 | (1) In considering appropriate administrative sanctions |
13 | against any person under section 1518(c) for a violation of |
14 | this section, the board shall consider all of the following: |
15 | (i) The risk to the public and to the integrity of |
16 | gaming operations created by the conduct of the person. |
17 | (ii) The seriousness of the conduct of the person |
18 | and whether the conduct was purposeful and with knowledge |
19 | that it was in contravention of the provisions of this |
20 | part or regulations promulgated under this part. |
21 | (iii) Any justification or excuse for the conduct by |
22 | the person. |
23 | (iv) The prior history of the particular licensee or |
24 | person involved with respect to gaming activity. |
25 | (v) The corrective action taken by the slot machine |
26 | licensee to prevent future misconduct of a like nature |
27 | from occurring. |
28 | (vi) In the case of a monetary penalty, the amount |
29 | of the penalty in relation to the severity of the |
30 | misconduct and the financial means of the licensee or |
|
1 | person. The board may impose any schedule or terms of |
2 | payment of such penalty as it may deem appropriate. |
3 | (2) It shall be no defense to disciplinary action before |
4 | the board that a person inadvertently, unintentionally or |
5 | unknowingly violated a provision of this section. The factors |
6 | under paragraph (1) shall only go to the degree of the |
7 | penalty to be imposed by the board and not to a finding of a |
8 | violation itself. |
9 | Section 10.1. Title 4 is amended by adding sections to read: |
10 | § 1518.1. Report of suspicious transactions. |
11 | (a) Duty.--The holder of any slot machine license or a |
12 | person acting on behalf of the licensee shall file a report of |
13 | any suspicious transaction with the bureau. The filing of a |
14 | report under 31 CFR 103.21 (relating to reports by casinos of |
15 | suspicious transactions) shall satisfy this requirement. |
16 | (b) Failure to report.--A person required under this section |
17 | to file a report of a suspicious transaction who knowingly fails |
18 | to file a report of a suspicious transaction or who knowingly |
19 | causes another person having that responsibility to fail to file |
20 | a report commits a misdemeanor of the third degree and shall be |
21 | subject to the board-imposed administrative sanctions under |
22 | section 1518 (relating to prohibited acts; penalties). |
23 | (c) Bureau.--The bureau shall maintain a record of all |
24 | reports made under this section for a period of five years. The |
25 | bureau shall make the reports available to any Federal or State |
26 | law enforcement agency upon written request and without |
27 | necessity of subpoena. |
28 | (d) Notice prohibited.--A person who is required to file a |
29 | report of a suspicious transaction under this section may not |
30 | notify any person involved in the transaction that the |
|
1 | transaction has been reported. Any person that violates this |
2 | subsection commits a misdemeanor of the third degree. |
3 | (e) Immunity.--A person who is required to file a report of |
4 | a suspicious transaction under this section who in good faith |
5 | makes the report shall not be liable in any civil action brought |
6 | by any person for making the report, regardless of whether the |
7 | transaction is later determined to be suspicious. |
8 | (f) Regulations.--The board shall promulgate regulations to |
9 | effectuate the purposes of this section. |
10 | § 1518.2. Additional authority (Reserved). |
11 | Section 11. Section 1521 of Title 4 is amended by adding a |
12 | subsection to read: |
13 | § 1521. Liquor licenses at licensed facilities. |
14 | * * * |
15 | (b.1) Notwithstanding any other provision of law, a person |
16 | holding a slot machine license who also holds a restaurant |
17 | license issued by the Pennsylvania Liquor Control Board shall |
18 | not be subject to the provisions of section 471(c) of the Liquor |
19 | Code. In addition to the penalties provided under section 471(a) |
20 | and (b) of the Liquor Code, a slot machine licensee under this |
21 | subsection shall also be subject to a fine of not less than $250 |
22 | and not more than $25,000 for a violation of the Liquor Code. |
23 | The prior citation history of the slot machine licensee shall be |
24 | considered in determining the amount of the fine. |
25 | * * * |
26 | Section 11.1. Section 1522 of Title 4 is amended to read: |
27 | § 1522. Interception of oral communications. |
28 | The interception and recording of oral communications made in |
29 | a [counting] count room of a licensed facility by a licensee |
30 | shall not be subject to the provisions of 18 Pa.C.S. Ch. 57 |
|
1 | (relating to wiretapping and electronic surveillance). Notice |
2 | that oral communications are being intercepted and recorded |
3 | shall be posted conspicuously in the [counting] count room. |
4 | Section 11.2. Title 4 is amended by adding a section to |
5 | read: |
6 | § 1523. Electronic funds transfer terminals. |
7 | (a) Prohibition.--A slot machine licensee may not install, |
8 | own or operate or allow another person to install, own or |
9 | operate on the premises of the licensed facility a slot machine |
10 | or table game that is played with a device that allows a player |
11 | to operate the slot machine or table game by transferring funds |
12 | electronically from a credit or debit card or by means of an |
13 | electronic funds transfer terminal. |
14 | (b) Definitions.--As used in this section, the following |
15 | words and phrases shall have the meanings given to them in this |
16 | subsection unless the context clearly indicates otherwise: |
17 | "Electronic funds transfer terminal." An information- |
18 | processing device or an automatic teller machine used for |
19 | executing deposit account transactions between financial |
20 | institutions and their account holders by either the direct |
21 | transmission of electronic impulses or the recording of |
22 | electronic impulses for delayed processing. The fact that a |
23 | device is used for other purposes shall not prevent it from |
24 | being considered an electronic funds transfer terminal under |
25 | this definition. |
26 | Section 11.3. Title 4 is amended by adding chapters to read: |
27 | Chapter 16 |
28 | JUNKETS |
29 | Sec. |
30 | 1601. Gaming junkets authorized. |
|
1 | 1602. Gaming junket enterprise license. |
2 | 1603. Other licenses. |
3 | 1604. Gaming junket representatives. |
4 | 1605. Junket agreements. |
5 | 1606. Conduct of gaming junket. |
6 | 1607. Violation of terms. |
7 | 1608. Records. |
8 | 1609. Report. |
9 | 1610. Gaming junket arrangement. |
10 | 1611. Prohibitions. |
11 | § 1601. Gaming junkets authorized. |
12 | The board may authorize the organization and conduct of |
13 | gaming junkets subject to the provisions of this chapter. No |
14 | gaming junket shall be organized or permitted to operate in this |
15 | Commonwealth and no person shall act as a gaming junket |
16 | representative or gaming junket enterprise except in accordance |
17 | with this chapter. |
18 | § 1602. Gaming junket enterprise license. |
19 | (a) Gaming junket enterprise license required.--All gaming |
20 | junket enterprises shall obtain a license from the board prior |
21 | to acting as a gaming junket enterprise in this Commonwealth. |
22 | (b) Application.-–A gaming junket enterprise license |
23 | application shall be in a form prescribed by the board and shall |
24 | include the following: |
25 | (1) The name, address and photograph of the applicant |
26 | and all owners, directors, managers and supervisory employees |
27 | of a gaming junket enterprise. |
28 | (2) The details of a gaming junket enterprise license or |
29 | similar license applied for or granted or denied to the |
30 | applicant by another jurisdiction. |
|
1 | (3) Consent for the board to conduct a background |
2 | investigation, the scope of which shall be determined by the |
3 | board. |
4 | (4) All releases necessary for the board to acquire |
5 | licensing documents and other information necessary to |
6 | conduct a background investigation or otherwise evaluate the |
7 | application. |
8 | (5) A list of all civil judgments obtained against the |
9 | applicant pertaining to a gaming junket enterprise with which |
10 | the applicant has been associated. |
11 | (6) A description of the operation and organization of |
12 | the gaming junket enterprise. |
13 | (7) Any additional information required by the board. |
14 | (c) Enforcement information.-–If the applicant has held a |
15 | gaming junket license or other gaming license in another |
16 | jurisdiction, the applicant may submit a letter of reference |
17 | from the gaming enforcement agency in the other jurisdiction. |
18 | The letter shall specify the experiences of the agency with the |
19 | applicant, the applicant's associates and the applicant's gaming |
20 | junket enterprise or gaming activity. If no letter is received |
21 | within 30 days of the applicant's request, the applicant may |
22 | submit a statement under oath, subject to the penalty for false |
23 | swearing under 18 Pa.C.S. § 4903 (relating to false swearing), |
24 | that the applicant is in good standing with the gaming |
25 | enforcement agency in the other jurisdiction. |
26 | (d) Issuance.-–Following review of the application and |
27 | completion of the background investigation, the board may issue |
28 | a gaming junket enterprise license to the applicant if the |
29 | applicant has proven by clear and convincing evidence that the |
30 | applicant is a person of good character, honesty and integrity |
|
1 | and that the applicant’s activities, criminal record, |
2 | reputation, habits and associations do not pose a threat to the |
3 | public interest or the legitimate conduct of gaming in this |
4 | Commonwealth. |
5 | (e) Failure to cooperate.-–Failure to provide required |
6 | information or releases under this section shall result in the |
7 | immediate denial of a license or permit. |
8 | (f) Nontransferability.-–A license issued under this section |
9 | shall be nontransferable. |
10 | § 1603. Other licenses. |
11 | An owner, director, manager or supervisory employee of a |
12 | gaming junket enterprise shall qualify for and obtain a |
13 | principal employee license under section 1311.1 (relating to |
14 | licensing of principals) or a key employee license in accordance |
15 | with section 1311.2 (relating to licensing of key employees) or |
16 | as deemed appropriate by the board. |
17 | § 1604. Gaming junket representatives. |
18 | (a) Permit.-–Except as otherwise provided in subsection (e), |
19 | a gaming junket representative shall obtain a gaming junket |
20 | representative permit from the board. |
21 | (b) Application.-–In addition to the requirements of section |
22 | 1308 (relating to applications for license or permit), the |
23 | application for a gaming junket representative occupation permit |
24 | shall be in a form prescribed by the board and shall include the |
25 | following: |
26 | (1) Verification of employment status as a gaming junket |
27 | representative by a licensed gaming junket enterprise. |
28 | (2) A description of employment responsibilities. |
29 | (3) A consent form to allow the board to conduct a |
30 | background investigation, the scope of which shall be |
|
1 | determined by the board. |
2 | (4) A release for the board to acquire copies of |
3 | information from government agencies, employers and others as |
4 | required to complete the investigation. |
5 | (5) Fingerprints which shall be submitted to the |
6 | Pennsylvania State Police. |
7 | (6) A photograph that meets the standards of the |
8 | Commonwealth Photo Imaging Network. |
9 | (7) Details relating to a similar license, permit or |
10 | other authorization obtained in another jurisdiction. |
11 | (8) Any additional information required by the board. |
12 | (c) Issuance.-–Following review of the application and |
13 | completion of the background investigation, the board may issue |
14 | a permit if the applicant has proven by clear and convincing |
15 | evidence that the applicant is a person of good character, |
16 | honesty and integrity and is eligible and suitable to receive a |
17 | permit. |
18 | (d) Nontransferability.-–A permit issued under this section |
19 | shall be nontransferable. |
20 | (e) Holder of permit.–-Nothing in this section shall be |
21 | construed to prohibit a gaming junket representative who holds a |
22 | valid occupation permit under section 1318 (relating to |
23 | occupation permit application) to and who is employed by a slot |
24 | machine licensee or an applicant for a slot machine license from |
25 | acting as a junket representative. A gaming junket |
26 | representative need not be a resident of this Commonwealth. |
27 | § 1605. Junket agreements. |
28 | Agreements entered into between a slot machine licensee and a |
29 | gaming junket enterprise or a gaming junket representative shall |
30 | include a provision for the termination of the agreement without |
|
1 | liability on the part of the slot machine licensee if: |
2 | (1) The board orders the suspension or revocation of the |
3 | license of a gaming junket representative license or permit |
4 | of a gaming junket representative. |
5 | (2) The board finds that the agreement is not approved |
6 | or that it is terminated. |
7 | (3) Failure to expressly include the termination |
8 | provision required under this section in the agreement shall |
9 | not constitute a defense in an action brought relating to the |
10 | termination of the agreement. |
11 | § 1606. Conduct of gaming junket. |
12 | A slot machine licensee shall be responsible for the conduct |
13 | of a gaming junket representative or gaming junket enterprise |
14 | with which the slot machine licensee has an agreement and for |
15 | the terms and conditions of a gaming junket on its premises. |
16 | § 1607. Violation of terms. |
17 | Notwithstanding any other provision of this part, if the |
18 | board determines that the terms of an agreement to conduct a |
19 | gaming junket were violated by a slot machine licensee, gaming |
20 | junket enterprise or gaming junket representative, the board may |
21 | do the following: |
22 | (1) Order restitution to participants in a gaming |
23 | junket. |
24 | (2) Assess civil penalties on the slot machine licensee |
25 | or the gaming junket enterprise for a violation or deviation |
26 | from the terms of the junket agreement. |
27 | § 1608. Records. |
28 | The board shall prescribe procedures and forms to retain |
29 | records relating to the conduct of a gaming junket by a slot |
30 | machine licensee. A slot machine licensee shall: |
|
1 | (1) Maintain a report describing the operation of a |
2 | gaming junket conducted at the licensed facility. |
3 | (2) Submit to the board and the bureau a list of all its |
4 | employees who act as gaming junket representatives on a full- |
5 | time, part-time or temporary basis. |
6 | (3) Maintain records of all agreements entered into with |
7 | a gaming junket enterprise or gaming junket representative |
8 | for a minimum of five years. |
9 | (4) Provide any other information relating to a gaming |
10 | junket required by the board or bureau. |
11 | § 1609. Report. |
12 | A slot machine licensee, gaming junket representative or |
13 | gaming junket enterprise shall file a report with the bureau to |
14 | include a list of gaming junket patrons or potential gaming |
15 | junket patrons purchased by the slot machine licensee, gaming |
16 | junket representative or gaming junket enterprise. The report |
17 | shall include the source of the list and zip codes of patrons or |
18 | potential patrons on a list purchased directly or indirectly by |
19 | a slot machine licensee, gaming junket representative or gaming |
20 | junket enterprise. Nothing in this section shall require the |
21 | reporting or maintenance of personal identification information |
22 | pertaining to patron or potential patrons. |
23 | § 1610. Gaming junket arrangement. |
24 | Upon petition by a slot machine licensee, the board may grant |
25 | an exemption from the requirements of this chapter to a gaming |
26 | junket representative. The board shall consult with the bureau |
27 | prior to granting an exemption under this section and shall |
28 | consider the following: |
29 | (1) The terms of the gaming junket arrangement. |
30 | (2) The number and scope of gaming junkets. |
|
1 | (3) Whether the exemption is consistent with the |
2 | policies and purposes of this part. |
3 | (4) Any other factor deemed necessary by the bureau or |
4 | board. |
5 | The board may condition, limit or restrict the exemption. |
6 | § 1611. Prohibitions. |
7 | A gaming junket enterprise or gaming junket representative |
8 | shall not do any of the following: |
9 | (1) Engage in efforts to collect on checks that have |
10 | been returned by a bank or other financial institution |
11 | without payment. |
12 | (2) Exercise approval authority over the authorization |
13 | or issuance of credit under section 1326A (relating to |
14 | wagering policies). |
15 | (3) Receive or retain a fee from a patron for the |
16 | privilege of participating in a gaming junket. |
17 | (4) Pay for any service, including transportation, or |
18 | other thing of value provided to a patron participating in a |
19 | gaming junket except as authorized by this part. |
20 | CHAPTER 17 |
21 | GAMING SCHOOLS |
22 | Sec. |
23 | 1701. Curriculum. |
24 | 1702. Gaming school gaming equipment. |
25 | § 1701. Curriculum. |
26 | The Department of Education, in consultation with the board, |
27 | shall develop curriculum guidelines, including minimum |
28 | proficiency requirements established by the board, for gaming |
29 | school instruction. The guidelines shall, at a minimum, |
30 | establish courses of instruction that will provide individuals |
|
1 | with adequate training necessary to obtain employment as a |
2 | gaming employee with a licensed gaming entity. |
3 | § 1702. Gaming school gaming equipment. |
4 | (a) Use of gaming equipment.--All gaming equipment utilized |
5 | by a gaming school, including table games devices and all |
6 | representations of value, shall be used for training, |
7 | instructional and practice purposes only. The use of any such |
8 | gaming equipment for actual gaming by any person is prohibited. |
9 | (b) Chips.--Unless the board otherwise determines, all |
10 | gaming chips and other representations of value utilized by a |
11 | gaming school shall be distinctly dissimilar to any gaming chips |
12 | and representations of value utilized by a slot machine |
13 | licensee. |
14 | (c) Possession, removal and transport of equipment.--No |
15 | gaming school shall possess, remove or transport, or cause to be |
16 | removed or transported, any slot machine, table games device or |
17 | associated equipment except in accordance with this part. |
18 | (d) Serial numbers.--Each slot machine, table games device |
19 | and associated equipment on the premises of a gaming school |
20 | shall have permanently affixed on it a serial number which, |
21 | together with the location of the machine or table games device, |
22 | shall be filed with the board. |
23 | (e) Security.--Each gaming school shall provide adequate |
24 | security for the slot machines, table games, table games devices |
25 | and associated equipment on the gaming school premises. |
26 | (f) Notice to board and bureau.--No gaming school shall sell |
27 | or transfer any slot machine, table game, table games device or |
28 | associated equipment except upon prior written notice to the |
29 | board and the bureau and the removal of all serial numbers |
30 | required by this section. |
|
1 | CHAPTER 17A |
2 | FIRST CLASS CITY CASINO |
3 | COMMUNITY IMPROVEMENT DISTRICT |
4 | Sec. |
5 | 1701A. Legislative findings. |
6 | 1702A. Definitions |
7 | 1703A. Casino Community improvement district. |
8 | 1704A. Casino Community improvement board. |
9 | 1705A. Powers of board. |
10 | 1706A. Applicability of other statutes. |
11 | 1707A. Annual audit and report. |
12 | § 1701A. Legislative findings. |
13 | The General Assembly finds that: |
14 | (1) Under this part, the Pennsylvania Gaming Control |
15 | Board is statutorily mandated to award two Category 2 slot |
16 | machine licenses to facilities located within a city of the |
17 | first class. |
18 | (2) Due to the geographic nature of cities of the first |
19 | class, including population density, traffic patterns and the |
20 | location of residential neighborhoods and business corridors, |
21 | cities of the first class face unique circumstances relating |
22 | to casino siting. |
23 | (3) Based on these unique circumstances, a city of the |
24 | first class will benefit from the creation of two casino |
25 | community improvement districts, governed by a casino |
26 | community improvement board, within its boundaries. |
27 | (4) Creating two casino community improvement districts |
28 | in a city of the first class will provide the city with an |
29 | opportunity to mitigate the impact hosting a licensed |
30 | facility has on the city's citizens, businesses and |
|
1 | neighborhoods and will assist the city in promoting economic |
2 | growth, development and employment. |
3 | (5) In addition, authorizing each casino community |
4 | improvement board to allocate the local share assessment |
5 | received under section 1363A (relating to local share |
6 | assessment) will further the goals set forth under this part. |
7 | § 1702A. Definitions. |
8 | The following words and phrases when used in this chapter |
9 | shall have the meanings given to them in this section unless the |
10 | context clearly indicates otherwise: |
11 | "Capital project." The acquisition, development, |
12 | construction, improvement, rehabilitation, operation and |
13 | maintenance of any building, facility, equipment or structure by |
14 | purchase, lease or contract by a board. The term includes the |
15 | acquisition, rehabilitation or demolition of blighted buildings |
16 | or comparable structures. |
17 | "Casino." A licensed facility as defined in section 1103 |
18 | (relating to definitions). |
19 | "Casino community improvement board" or "board." A casino |
20 | community improvement board established under section 1704A |
21 | (relating to casino community improvement board). |
22 | "Casino community improvement district" or "district." A |
23 | limited geographic area within a city of the first class in |
24 | which the casino community improvement board will use funds |
25 | received under section 1363A (relating to local share |
26 | assessment) to promote the economic and general welfare of the |
27 | city by mitigating the impact hosting a casino has on the |
28 | citizens and neighborhoods of the city. The area may not include |
29 | the site of any casino but may include any area adjacent to or |
30 | surrounding the site of a casino. |
|
1 | "Commercial." Relating to or associated with any for-profit |
2 | activity involving trade, traffic or commerce in general. |
3 | "District improvement." Improvements needed in specific |
4 | areas of the district or to individual properties located in the |
5 | district. Improvements shall include: |
6 | (1) Capital projects. |
7 | (2) Traditional streetscape and building renovations. |
8 | (3) Construction or renovation of retaining walls. |
9 | (4) Street paving. |
10 | (5) Installation or repair of street lighting. |
11 | (6) Creation, maintenance or repair of parking lots and |
12 | parking garages. |
13 | (7) Planting and maintaining trees and shrubbery. |
14 | (8) Creation and maintenance of pedestrian walks. |
15 | (9) Installation, maintenance and repair of sewers and |
16 | water lines. |
17 | "District plan" or "plan." The strategic plan for community |
18 | improvements required under section 1705A (relating to powers of |
19 | board) and all projects, programs and supplemental services to |
20 | be provided within the district by the board. |
21 | "District programs and services." The term includes programs |
22 | and services which improve the ability of the commercial |
23 | establishments within the district to serve the consumer or |
24 | which improve the ability of property owners to enjoy a safer |
25 | and more attractive community. Additional services provided by |
26 | the board shall supplement, not replace, existing city services |
27 | provided within the district. |
28 | "Limited geographic area." An area within a 1.5-mile radius |
29 | of a casino as measured from the boundaries of the parcel of |
30 | land on which a casino is located. |
|
1 | "Private security officer." A person or firm that contracts |
2 | with the board for the purpose of providing increased security |
3 | or protective patrol services within the district. The term may |
4 | include off-duty police officers if the use of off-duty police |
5 | officers employed by the city is approved by the governing body. |
6 | "Service area." The area within the boundaries of the |
7 | district in which the board provides programs, services and |
8 | improvements. The term may also include an area outside the |
9 | district where services are being provided by the board under |
10 | contract. |
11 | "Soft costs." The term includes architectural fees, |
12 | engineering fees, attorney fees, consulting fees, professional |
13 | fees, preliminary planning expenditures, feasibility study |
14 | expenditures, financing costs and any other expenditures |
15 | necessary and incidental to the development, construction or |
16 | completion of the improvement. |
17 | § 1703A. Casino community improvement district. |
18 | (a) Establishment.--There is established two casino |
19 | community improvement districts within a city of the first |
20 | class. |
21 | (b) Governance.--Each district shall be governed by a casino |
22 | neighborhood improvement board. |
23 | Section 1704A. Casino community improvement board. |
24 | (a) Powers.--Each board shall have the authority to exercise |
25 | all powers authorized under section 1705A (relating to powers of |
26 | board). |
27 | (b) Duties.--Each board shall administer district |
28 | improvements, programs and services as set forth in the district |
29 | plan required under section 1705A. |
30 | (c) Governance.-- |
|
1 | (1) Each board shall consist of five voting members from |
2 | households from within the district. The governing body of |
3 | the city of the first class shall establish procedures |
4 | governing the initial election and shall oversee the conduct |
5 | of the initial election of the board including defining |
6 | geographic areas within the district from which board members |
7 | may be elected. |
8 | (2) The following individuals, or their designees, shall |
9 | serve on the board as nonvoting ex officio members: |
10 | (i) The State senator representing the senatorial |
11 | district in which the casino is located. |
12 | (ii) The State representative representing the |
13 | legislative district in which the casino is located. |
14 | (iii) A member of the city council of a city of the |
15 | first class. |
16 | (iv) A representative of the casino located within |
17 | the district. |
18 | (v) The mayor of a city of the first class. |
19 | (3) Members elected under paragraph (1) shall serve a |
20 | term of two years and shall serve no more than three full |
21 | terms. Appointments to fill a vacancy shall be made by |
22 | majority vote of the ex officio members and shall be for the |
23 | remainder of the term. No State or local elected official or |
24 | candidate for elective office may be a candidate for |
25 | membership on the board or serve as a voting member of the |
26 | board. |
27 | (4) Any official voting action of the board shall |
28 | require a majority vote of all members of the board. |
29 | § 1705A. Powers of board. |
30 | (a) General powers.--Each board shall have the power to: |
|
1 | (1) Prepare planning or feasibility studies or contract |
2 | for the preparation of the same to determine needed district |
3 | improvements, programs and services. |
4 | (2) Employ an executive director or administrator and |
5 | any necessary supporting staff or contract for the provision |
6 | of same. |
7 | (3) Make district improvements or provide district |
8 | programs and services. |
9 | (4) Contract with existing businesses within the |
10 | district. |
11 | (5) Contract for the provision of products or services |
12 | by the board to clients located inside and outside the |
13 | district. |
14 | (6) Appropriate and expend district funds, including |
15 | funds received under section 1363A (relating to local share |
16 | assessment) and any Federal, State or municipal funds |
17 | received by the board. The funds shall be expended: |
18 | (i) To acquire by purchase or lease real or personal |
19 | property to effectuate the purposes of this chapter, |
20 | including making district improvements. |
21 | (ii) To fund district programs and services. |
22 | (7) Solicit and accept in-kind services or financial |
23 | contributions from tax-exempt property owners. |
24 | (8) Contract with off-duty police officers or private |
25 | security officers to patrol the district and to support |
26 | existing city and volunteer efforts aimed at reducing crime |
27 | and improving security in the district. |
28 | (9) Establish the procedures governing the conduct of |
29 | board elections. |
30 | (b) District plan.--Annually each board shall prepare and |
|
1 | adopt a district plan for the district which shall identify in |
2 | detail the specific duties and responsibilities of the board and |
3 | which shall include the following: |
4 | (1) A map indicating the boundaries, by street, of the |
5 | district. |
6 | (2) The name of the proposed district. |
7 | (3) A detailed description of the service areas of the |
8 | proposed district. |
9 | (4) A list of proposed programs, services and |
10 | improvements to be completed within the district and the |
11 | estimated cost of each. |
12 | (5) A proposed itemized budget for the first fiscal |
13 | year, including expenditures for the following: |
14 | (i) Personnel and administration. |
15 | (ii) District programs and services. |
16 | (iii) District improvements. |
17 | (iv) Soft costs. |
18 | (6) The revenue estimated to be received under section |
19 | 1363A and any other proposed revenue sources for financing |
20 | all proposed improvements, programs and services. |
21 | (7) The estimated time for implementation and completion |
22 | of all proposed improvements, programs and services. |
23 | (c) Public input process.--Prior to adopting a district plan |
24 | under subsection (b) the board shall: |
25 | (1) Submit a preliminary plan containing the information |
26 | required under subsection (b) to all property owners and |
27 | lessees of property located in the proposed district at least |
28 | 30 days prior to the first public hearing required under this |
29 | section. |
30 | (2) Hold at least one public hearing on the preliminary |
|
1 | plan for the purpose of receiving public comment from |
2 | affected property owners, lessees and residents of the |
3 | proposed district. The board shall notify all property owners |
4 | and lessees of property located in the proposed district of |
5 | the date, location and time of the public hearing and shall |
6 | advertise notice of the public hearing at least ten days |
7 | prior thereto in a newspaper of general circulation within |
8 | the city. |
9 | (3) Provide a minimum 30-day public comment period after |
10 | the completion of the last public hearing conducted under |
11 | paragraph (2) during which time affected property owners or |
12 | lessees may submit comments or recommendations regarding the |
13 | preliminary plan. Comments and recommendations shall be made |
14 | in writing, signed by the property owner and filed with the |
15 | board. |
16 | (d) Limitation on powers.--At no time shall any board or |
17 | district have the power to levy any tax or assessment. |
18 | § 1706A. Applicability of other statutes. |
19 | (a) General rule.--The following acts shall apply to the |
20 | board: |
21 | (1) The act of February 14, 2008 (P.L.6, No.3), known as |
22 | the Right-to-Know Law. |
23 | (2) The act of July 19, 1957 (P.L.1017, No.451), known |
24 | as the State Adverse Interest Act. |
25 | (3) The provisions of 65 Pa.C.S. Chs. 7 (relating to |
26 | open meetings) and 11 (relating to ethics standards and |
27 | financial disclosure). |
28 | (b) (Reserved). |
29 | § 1707A. Annual audit and report. |
30 | The board shall annually do all of the following: |
|
1 | (1) Submit an audit of all income and expenditures to |
2 | the Pennsylvania Gaming Control Board, the Department of |
3 | Community and Economic Development and the governing body |
4 | within 120 days after the end of each fiscal year. |
5 | (2) Submit a report, including financial and |
6 | programmatic information and a summary of audit findings, to |
7 | the Pennsylvania Gaming Control Board, the Department of |
8 | Community and Economic Development and the governing body |
9 | within 120 days after the end of each fiscal year. |
10 | Section 12. No later than 90 days after the effective date |
11 | of this section, all amounts transferred to the Pennsylvania |
12 | Gaming Control Board under 4 Pa.C.S. § 1408(c) for fiscal years |
13 | 2006-2007, 2007-2008 and 2008-2009 remaining uncommitted or |
14 | unexpended on the effective date of this act shall be |
15 | transferred to the General Fund. |
16 | Section 13. This act shall take effect immediately. |
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