intermediary, subsidiary or holding company has not applied
for or been approved or issued a Category 1 or Category 2
slot machine license and the person is seeking to locate a
Category 3 licensed facility in a well-established resort
hotel having no fewer than 275 guest rooms under common
ownership and having substantial year-round recreational
guest amenities. The applicant for a Category 3 license shall
be the owner or be a wholly owned subsidiary of the owner of
the well-established resort hotel. A Category 3 license may
only be granted upon the express condition that an individual
may not enter a gaming area of the licensed facility if the
individual is not any of the following:
(i) A registered overnight guest of the well-
established resort hotel.
(ii) A patron of one or more of the amenities
provided by the well-established resort hotel.
(iii) An authorized employee of the slot machine
licensee, of a gaming service provider or nongaming
service provider, of the board or of any regulatory,
emergency response or law enforcement agency while
engaged in the performance of the employee's duties.
(iv) An individual holding a valid membership
approved in accordance with paragraph (1.1) or a guest of
such individual.
* * *
Section 3. Title 4 is amended by adding a section to read:
§ 1317.3. Nongaming service provider.
(a) Notification required.--
(1) A slot machine licensee or applicant for a slot
machine license that contracts or otherwise does business
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