PRINTER'S NO. 322

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 318 Session of 1979


        INTRODUCED BY McKINNEY, ARLENE, SMITH, LYNCH AND FUMO,
           FEBRUARY 27, 1979

        REFERRED TO STATE GOVERNMENT, FEBRUARY 27, 1979

                                     AN ACT

     1  Authorizing the establishment of gambling casinos in the
     2     Commonwealth, providing for the licensing, regulation and
     3     taxation thereof, creating the Commonwealth Casino Control
     4     Commission and the Bureau of Gaming Enforcement, prescribing
     5     the powers, duties and functions of the commission and bureau
     6     and making an appropriation.

     7                         TABLE OF CONTENTS
     8  Chapter 1.  General Provisions
     9     Section  101.  Short title.
    10     Section  102.  Declaration of policy.
    11     Section  103.  Definitions.
    12  Chapter 2.  Establishment and Organization of the Commonwealth
    13              Casino Control Commission and the Bureau of Gaming
    14              Enforcement
    15     Section  201.  Commonwealth Casino Control Commission.
    16     Section  202.  Commission members; appointment and
    17                    qualifications.
    18     Section  203.  Term of office; removal.
    19     Section  204.  Compensation of members.
    20     Section  205.  Organization and employees.

     1     Section  206.  Bureau of Gaming Enforcement.
     2     Section  207.  Expenses of bureau.
     3     Section  208.  Restrictions on preemployment by commissions,
     4                    commission employees and bureau employees and
     5                    agents.
     6     Section  209.  Employment restrictions on commissioners,
     7                    commission employees and bureau employees.
     8     Section  210.  Post-employment restrictions.
     9     Section  211.  Applicant and licensee liability for
    10                    violations.
    11     Section  212.  Enforcement.
    12  Chapter 3.  Powers and Duties of the Commonwealth Casino Control
    13              Commission
    14     Section  301.  General responsibilities of the commission.
    15     Section  302.  Commission powers; denials and sanctions.
    16     Section  303.  Subpoenas and oaths.
    17     Section  304.  Investigative hearings.
    18     Section  305.  Testimonial immunity.
    19     Section  306.  Collection of fees, penalties or tax.
    20     Section  307.  Regulations.
    21     Section  308.  Required regulations.
    22     Section  309.  Regulation requiring exclusion of certain
    23                    persons.
    24     Section  310.  Commission reports and recommendations.
    25     Section  311.  Meetings; quorum.
    26     Section  312.  Minutes and records.
    27     Section  313.  Powers not enumerated.
    28  Chapter 4.  Powers and Duties of the Bureau of Gaming
    29              Enforcement
    30     Section  401.  General duties and powers.
    19790S0318B0322                  - 2 -

     1     Section  402.  Prosecution.
     2     Section  403.  Cooperation by licensee or registrant.
     3     Section  404.  Inspection, seizure and warrants.
     4  Chapter 5.  Licensing
     5     Section  501.  General provisions.
     6     Section  502.  Statement of compliance.
     7     Section  503.  Casino license; applicant eligibility.
     8     Section  504.  Approved hotel.
     9     Section  505.  Casino license; applicant requirements.
    10     Section  506.  Additional requirements.
    11     Section  507.  Casino license; disqualification criteria.
    12     Section  508.  Investigation of applicants; order approving
    13                     or denying license.
    14     Section  509.  Renewal of casino licenses.
    15     Section  510.  Licensing of casino key employees.
    16     Section  511.  Licensing of casino employees.
    17     Section  512.  Casino hotel employee licenses.
    18     Section  513.  Licensing and registration of casino service
    19                    industries.
    20     Section  514.  Registration of labor organizations.
    21     Section  515.  Approval and denial of registrations and
    22                    licenses other than casino licenses.
    23     Section  516.  Renewal of licenses and registrations.
    24  Chapter 6.  Conditions of Operation
    25     Section  601.  Operation certificate.
    26     Section  602.  Hours of operation.
    27     Section  603.  Casino facility requirements.
    28     Section  604.  Internal controls.
    29     Section  605.  Games and gaming equipment.
    30     Section  606.  Credit.
    19790S0318B0322                  - 3 -

     1     Section  607.  Junkets; complimentary services.
     2     Section  608.  Alcoholic beverages on casino hotel
     3                    facilities.
     4     Section  609.  Casino licensee; leases and contracts.
     5     Section  610.  Disposition of securities by corporate
     6                    licensee.
     7     Section  611.  Work permits.
     8  Chapter 7.  Hearings
     9     Section  701.  Commencement.
    10     Section  702.  Conduct of hearings; rules of evidence;
    11                    punishment of contempts; decisions; rehearing.
    12     Section  703.  Emergency orders.
    13     Section  704.  Judicial review.
    14  Chapter 8.  Sanctions
    15     Section  801.  Penalties for willful evasion of payment of
    16                    license fees, other acts and omissions.
    17     Section  802.  Unlicensed casino gambling games unlawful;
    18                    penalties.
    19     Section  803.  Swindling and cheating; penalties.
    20     Section  804.  Unlawful use of bogus chips, marked cards,
    21                    dice, cheating devices, unlawful coins;
    22                    penalty.
    23     Section  805.  Cheating games and devices in a licensed
    24                    casino; penalty.
    25     Section  806.  Unlawful possession of device, equipment or
    26                    other material illegally manufactured,
    27                    distributed, sold or serviced.
    28     Section  807.  Employment without license and work permit;
    29                    penalty.
    30     Section  808.  Unlawful entry by person whose name has been
    19790S0318B0322                  - 4 -

     1                    placed on list; penalty.
     2     Section  809.  Gaming by minors prohibited; penalties;
     3                    defenses.
     4     Section  810.  Prohibited political contributions; penalty.
     5     Section  811.  Authority of gaming licensee and agents to
     6                    detain or question persons suspected of
     7                    cheating; immunity from liability; posted
     8                    notice required.
     9     Section  812.  Other offenses; general penalty.
    10     Section  813.  Continuing offenses.
    11     Section  814.  Exemption from gambling statutes.
    12     Section  815.  Racketeer; influenced and corrupt
    13                    organizations; definitions.
    14     Section  816.  Prohibited activities.
    15     Section  817.  Civil remedies.
    16     Section  818.  Civil investigative demand.
    17     Section  819.  Supplemental sanctions.
    18     Section  820.  Imposition of sanctions; standards.
    19  Chapter 9.  Miscellaneous Provisions
    20     Section  901.  Declaration of Commonwealth's exemption from
    21                    operation of provisions of 15 U.S.C. § 1172.
    22     Section  902.  Legal shipments of gaming devices into
    23                    Pennsylvania.
    24     Section  903.  Severability and preemption.
    25     Section  904.  Equal employment opportunity; requirements of
    26                    license.
    27     Section  905.  Equal employment opportunity; enforcement by
    28                    the commission.
    29     Section  906.  Facilities for the handicapped.
    30     Section  907.  Early settlement dates and certain transfers
    19790S0318B0322                  - 5 -

     1                    of gaming property prohibited.
     2     Section  908.  Prohibited political contributions.
     3  Chapter 10.  Fees and Taxes
     4     Section 1001.  Casino license fees.
     5     Section 1002.  License fee on slot machines.
     6     Section 1003.  License fees for other than casino licenses.
     7     Section 1004.  Work permit fee.
     8     Section 1005.  Casino Control Fund.
     9     Section 1006.  Tax on gross revenues.
    10     Section 1007.  Commonwealth Casino Revenue Fund.
    11     Section 1008.  Payment of taxes.
    12     Section 1009.  Determination of tax liability.
    13     Section 1010.  Penalties.
    14     Section 1011.  Forms.
    15  Chapter 11.  Appropriations and Effective Date
    16     Section 1101.  Appropriations.
    17     Section 1102.  Effective date.
    18     The General Assembly of the Commonwealth of Pennsylvania
    19  hereby enacts as follows:
    20                             CHAPTER 1
    21                         GENERAL PROVISIONS
    22  Section 101.  Short title.
    23     This act shall be known and may be cited as the "Commonwealth
    24  Casino Control Act."
    25  Section 102.  Declaration of policy.
    26     The General Assembly hereby finds, and declares to be the
    27  public policy of this Commonwealth, the following:
    28     The tourist, resort and convention industry of this
    29  Commonwealth constitutes a critical component of its economic
    30  structure and, if properly developed, controlled and fostered,
    19790S0318B0322                  - 6 -

     1  is capable of providing a substantial contribution to the
     2  general welfare, health and prosperity of the Commonwealth and
     3  its inhabitants.
     4     The rehabilitation and redevelopment of existing tourist and
     5  convention facilities in the major cities of the Commonwealth
     6  and the fostering and encouragement of new construction in these
     7  cities will improve the quality of life in the Commonwealth's
     8  major cities.
     9     The resort areas of the Commonwealth are valuable assets and
    10  their continued prosperity is of critical importance to the
    11  inhabitants of the Commonwealth.
    12     The establishment of casino gambling in the Commonwealth
    13  especially in the major cities and resort areas would attract
    14  new investment capital to the Commonwealth.
    15     The establishment of casino gambling in the Commonwealth
    16  would benefit all of the Commonwealth's inhabitants.
    17     An integral and essential element of the regulation and
    18  control of casino gambling facilities by the Commonwealth rests
    19  in the public confidence and trust in the credibility and
    20  integrity of the regulatory process and of casino operations. To
    21  further such public confidence and trust, the regulatory
    22  provisions of this act are designed to extend strict
    23  Commonwealth regulation to all persons, locations, practices and
    24  associations related to the operation of licensed casino
    25  enterprises and all related service industries as herein
    26  provided.
    27     Legalized casino gaming in the Commonwealth can attain,
    28  maintain and retain integrity, public confidence and trust, and
    29  remain compatible with the general public interest only under
    30  such a system of control and regulation as insures, so far as
    19790S0318B0322                  - 7 -

     1  practicable, the exclusion from participation therein of persons
     2  with known criminal records, habits or associations, and the
     3  exclusion or removal from any positions of authority or
     4  responsibility within casino gaming operations and
     5  establishments of any persons known to be so deficient in
     6  business probity, ability or experience, either generally or
     7  with specific reference to gaming, as to create or enhance the
     8  dangers of unsound, unfair or illegal practices, methods and
     9  activities in the conduct of gaming or the carrying on of the
    10  business and financial arrangements incident thereto.
    11     Since the public has a vital interest in casino operations,
    12  participation in casino operations as a licensee under this act
    13  shall be deemed a revokable privilege conditioned upon the
    14  proper and continued qualification of the individual licensee
    15  and upon the discharge of the affirmative responsibility of each
    16  such licensee to provide to the regulatory and investigatory
    17  authorities established by this act any assistance and
    18  information necessary to assure that the policies declared by
    19  this act are achieved. Consistent with this policy, it is the
    20  intent of this act to preclude the creation of any property
    21  right in any license, certificate or reservation permitted by
    22  this act, the accrual of any value to the privilege of
    23  participation in gaming operations, or the transfer of any
    24  license, certificate, or reservation, and to require that
    25  participation in gaming be solely conditioned upon the
    26  individual qualifications of the person seeking such privilege.
    27     Since casino operations are especially sensitive and in need
    28  of public control and supervision, and since it is vital to the
    29  interests of the Commonwealth to prevent entry, directly or
    30  indirectly, into such operations or the ancillary industries
    19790S0318B0322                  - 8 -

     1  regulated by this act of persons who have pursued economic gains
     2  in an occupational manner or context which are in violation of
     3  the criminal or civil public policies of the Commonwealth, the
     4  regulatory and investigatory powers and duties shall be
     5  exercised to the fullest extent consistent with law to avoid
     6  entry of such persons into the casino operations or the
     7  ancillary industries regulated by this act.
     8     The facilities in which licensed casinos are to be located
     9  are of vital law enforcement and social interest to the
    10  Commonwealth, and it is in the public interest that the
    11  regulatory and investigatory powers and duties conferred by this
    12  act include the power and duty to review architectural and site
    13  plans to assure that the proposal is suitable by law
    14  enforcement, aesthetic and architectural standards.
    15     Since the economic stability of casino operations is in the
    16  public interest and competition in casino operations is
    17  desirable and necessary to assure the residents of the
    18  Commonwealth and visitors varied attractions and exceptional
    19  facilities, the regulatory and investigatory powers and duties
    20  conferred by this act shall include the power and duty to
    21  regulate, control and prevent economic concentration in the
    22  casino operations and the ancillary industries regulated by this
    23  act, and to encourage and preserve competition.
    24     It is in the public interest that the institution of licensed
    25  casino establishments in the Commonwealth be strictly regulated
    26  and controlled pursuant to the above findings and pursuant to
    27  the provisions of this act, which provisions are designed to
    28  engender and maintain public confidence and trust in the
    29  regulation of the licensed enterprises, to provide an effective
    30  method of rebuilding and redeveloping existing facilities and of
    19790S0318B0322                  - 9 -

     1  encouraging new capital investment in the Commonwealth, and to
     2  provide a meaningful and permanent contribution to the economic
     3  viability of the resort, convention and tourist industry of the
     4  Commonwealth and its major cities.
     5  Section 103.  Definitions.
     6     The following words and phrases when used in this act shall
     7  have, unless the context clearly indicates otherwise, the
     8  meanings given to them in this section:
     9     "Applicant."  Any person who on his own behalf or on behalf
    10  of another has applied for permission to engage in any act or
    11  activity which is regulated under the provisions of this act.
    12     "Application."  A written request for permission to engage in
    13  any act or activity which is regulated under the provisions of
    14  this act.
    15     "Authorized game " or "authorized gambling game."  Roulette,
    16  baccarat, blackjack, craps, big six wheel and slot machines.
    17     "Bureau."  The Bureau of Gaming Enforcement.
    18     "Casino."  A single room of at least 15,000 square feet in
    19  which casino gaming is conducted pursuant to the provisions of
    20  this act.
    21     "Casino employee."  Any natural person employed in the
    22  operation of a licensed casino, including, without limitation,
    23  boxmen; dealers or croupiers; floormen; machine mechanics; and
    24  bartenders, waiters and waitresses or other persons whose
    25  employment duties require or authorize access to the casino but
    26  who are not included in the definition of casino hotel employee,
    27  casino key employee, casino security employee, or principal
    28  employee as hereinafter stated.
    29     "Casino hotel employee."  Any natural person employed by a
    30  casino hotel licensed under this act to perform service or
    19790S0318B0322                 - 10 -

     1  custodial duties not directly related to operations of the
     2  casino, including, without limitation, bartenders, waiters,
     3  waitresses, maintenance personnel, kitchen staff, but whose
     4  employment duties do not require or authorize access to the
     5  casino.
     6     "Casino key employee."  Any natural person employed in the
     7  operation of a licensed casino in a supervisory capacity or
     8  empowered to make discretionary decisions which regulate casino
     9  operation, and who is not within an employee category defined
    10  elsewhere in this act, including, without limitation, pit
    11  bosses, shift bosses, supervisors and cashiers; casino managers
    12  and assistant managers; managers or supervisors of casino
    13  security employees; and any other employee so designated by the
    14  Casino Control Commission.
    15     "Casino license."  Any license issued pursuant to this act
    16  which authorizes the holder thereof to own or operate a casino.
    17     "Casino security employee."  Any natural person employed by a
    18  casino or its agent to provide physical security in a casino
    19  hotel.
    20     "Casino service industry."  Any form of enterprise which
    21  provides casinos with goods or services on a regular or
    22  continuing basis, including, without limitation, security
    23  businesses, gaming schools, manufacturers, distributors and
    24  servicers of gaming devices or equipment, garbage haulers,
    25  maintenance companies, food purveyors, or any other enterprise
    26  which does business with licensed casinos on a regular or
    27  continuing basis.
    28     "Chairman" and "commissioner" or "member."  The chairman and
    29  any member of the Casino Control Commission, respectively.
    30     "Commission."  The Commonwealth Casino Control Commission.
    19790S0318B0322                 - 11 -

     1     "Director."  The Director of the Bureau of Gaming
     2  Enforcement.
     3     "Equal employment opportunity."  Equality in opportunity for
     4  employment by any person licensed pursuant to the provisions of
     5  this act.
     6     "Equity security."  Any voting stock of a corporation or
     7  similar security; any security convertible, with or without
     8  consideration, into such a security or carrying any warrant or
     9  right to subscribe to or purchase such a security; any such
    10  warrant or right; or any security having a direct or indirect
    11  participation in the profits of the issuer.
    12     "Establishment."  Any premises wherein or whereon any gaming
    13  is done.
    14     "Family."  Spouse, parents, grandparents, children,
    15  grandchildren, siblings, uncles, aunts, nephews, nieces,
    16  fathers-in-law, mothers-in-law, daughters-in-law, sons-in-law,
    17  brothers-in-law and sisters-in-law, whether by the whole or half
    18  blood, by marriage, adoption or natural relationship.
    19     "Game" or "gambling game."  Any banking or percentage game
    20  located exclusively within the casino played with cards, dice or
    21  any mechanical device or machine for money, property or any
    22  representative of value.
    23     "Gaming" or "gambling."  The dealing, operating, carrying on,
    24  conducting, maintaining or exposing for pay of any game.
    25     "Gaming device" or "gaming equipment."  Any mechanical
    26  contrivance or machine used in connection with gaming or any
    27  game.
    28     "Gross revenue."  The total of all sums, including checks
    29  received pursuant to the provisions of this act, whether
    30  collected or not, actually received by a licensee from gaming
    19790S0318B0322                 - 12 -

     1  operations, less only the total of all sums paid out as winnings
     2  to patrons and an allowance for uncollected gaming receivables
     3  not to exceed the lesser of such receivables actually
     4  uncollected or 4% of the total of all sums including checks,
     5  whether collected or not.
     6     "Hearing examiner."  A commissioner or other person
     7  authorized by the commission to conduct hearings.
     8     "Holding company."  Any corporation, association, firm,
     9  partnership, trust or other form of business organization not a
    10  natural person which, directly or indirectly, owns, has the
    11  power or right to control, or has the power to vote all or any
    12  part of the outstanding voting securities of a corporation which
    13  holds or applies for a casino license. For the purpose of this
    14  section, in addition to any other reasonable meaning of the
    15  words used, a "holding company" indirectly has, holds or owns
    16  any such power, right or security if it does so through any
    17  interest in a subsidiary or successive subsidiaries, however,
    18  many such subsidiaries may intervene between the holding company
    19  and the corporate licensee or applicant.
    20     "Hotel" or "approved hotel."  A single building under one
    21  ownership and containing not fewer than 100 sleeping units, each
    22  of at least 250 square feet measured to the center of perimeter
    23  walls, including bathroom and closet space and excluding
    24  hallways, balconies and lounges; each containing private
    25  bathroom facilities; and each held available and used regularly
    26  for the lodging of tourists and convention guests and conforming
    27  in all respects to the facilities requirements contained in this
    28  act. For the purpose of exceeding the maximum casino size
    29  specified in this act, an approved hotel may, by means of
    30  physical connection, annex additional buildings or facilities.
    19790S0318B0322                 - 13 -

     1  "Physical connection" for the purposes herein means an enclosed
     2  permanent pedestrian passageway. In no event shall the main
     3  entrance or only access to an approved hotel by through a
     4  casino.
     5     "Intermediary company."  Any corporation, association, firm,
     6  partnership, trust or any other form of business organization
     7  other than a natural person which:
     8         (1)  is a holding company with respect to a corporation
     9     which holds or applies for a casino license; and
    10         (2)  is a subsidiary with respect to any holding company.
    11     "Junket."  An arrangement or arrangements the primary purpose
    12  of which is to induce any person to gamble at a licensed casino
    13  hotel and pursuant to which, and as consideration for which,
    14  over $200 of the cost of transportation, food, lodging, and
    15  entertainment for said person is directly or indirectly paid by
    16  a casino licensee or employee or agent thereof. For purposes of
    17  this act, the furnishing of any of the above items on a
    18  complimentary basis shall be deemed to constitute the indirect
    19  payment for such food or lodging in the amount of the retail
    20  price normally charged by the licensee.
    21     "License."  Any license required by this act.
    22     "License fee."  Any moneys required by law to be paid for the
    23  issuance or renewal of a casino license, or any other license
    24  required by this act.
    25     "Licensed casino operation."  Any casino licensed pursuant to
    26  the provisions of this act.
    27     "Licensee."  Any person who is licensed under any of the
    28  provisions of this act.
    29     "Operation."  The conduct of gaming as herein defined.
    30     "Operation certificate."  A certificate issued by the
    19790S0318B0322                 - 14 -

     1  commission which certifies that operation of a casino conforms
     2  to the requirements of this act and applicable regulations and
     3  that its personnel and procedures are efficient and prepared to
     4  entertain the public.
     5     "Party."  The commission, or any licensee, or any person
     6  appearing of record for any licensee in any proceeding before
     7  the commission or in any proceeding for judicial review of any
     8  action, decision or order of the commission.
     9     "Person."  Any corporation, association, operation, firm,
    10  partnership, trust or other form of business association, as
    11  well as a natural person.
    12     "Principal employee."  Any employee who, by reason of
    13  remuneration or of a management, supervisory or policy-making
    14  position or such other criteria as may be established by the
    15  commission by regulation, holds or exercises such authority as
    16  shall in the judgment of the commission be sufficiently related
    17  to the operation of a licensee so as to require approval by the
    18  commission in the protection of the public interest.
    19     "Publicly traded corporation."  Any corporation or other
    20  legal entity, except a natural person, which has one or more
    21  classes of security registered pursuant to section 102 of the
    22  Securities Exchange Act of 1934, as amended (15 U.S.C. Section
    23  78l.), or is an issuer subject to section 15(d) of the
    24  Securities Exchange Act of 1934 as amended (15 U.S.C. 78o).
    25     "Registration."  Any requirement other than one which
    26  requires a license as a prerequisite to conduct a particular
    27  business as specified by this act.
    28     "Registrant."  Any person who is registered pursuant to the
    29  provisions of this act.
    30     "Regulated complimentary service account."  An account
    19790S0318B0322                 - 15 -

     1  maintained by a casino licensee on a regular basis which
     2  itemizes complimentary services and includes, without
     3  limitation, a listing of the cost of junket activities and any
     4  other service provided at no cost or reduced price.
     5     "Respondent."  Any person against whom a complaint has been
     6  filed or a written request for information served.
     7     "Security."  Any instrument evidencing a direct or indirect
     8  beneficial ownership or creditor interest in a corporation,
     9  including but not limited to, stock, common and preferred;
    10  bonds; mortgages; debentures; security agreements; notes;
    11  warrants; options and rights.
    12     "Slot machine."  Any mechanical, electrical or other device,
    13  contrivance or machine which, upon insertion of a coin, token or
    14  similar object therein, or upon payment of any consideration
    15  whatsoever, is available to play or operate, the play or
    16  operation of which, whether by reason of the skill of the
    17  operator or application of the element of chance, or both, may
    18  deliver or entitle the person playing or operating the machine
    19  to receive cash or tokens to be exchanged for cash, whether the
    20  payoff is made automatically from the machine or in any other
    21  manner whatsoever.
    22     "Statement of compliance."  A statement by the commission
    23  which may be issued to an applicant indicating satisfactory
    24  completion of a particular stage or stages of the license
    25  consideration process, and which states that unless there is a
    26  change of any material circumstance pertaining to such
    27  particular stage or stages of license consideration involved in
    28  the statement, such applicant has complied with requirements
    29  mandated by this act and by the commission and is therefore
    30  approved for license qualification to the stage or stages for
    19790S0318B0322                 - 16 -

     1  which the statement has been issued.
     2     "Subsidiary."  Any corporation, all or any part of whose
     3  outstanding equity securities are owned, subject to a power or
     4  right of control, or held with power to vote, by a holding
     5  company or an intermediary company; or any firm, association,
     6  partnership, trust or other form of business organization, not a
     7  natural person, or any interest therein, which is owned, subject
     8  to a power or right of control, or held with power to vote, by a
     9  holding company or an intermediary company.
    10     "Work permit."  A writing provided by the commission to a
    11  casino licensee which authorizes the employment of a particular
    12  casino hotel employee, casino employee or casino key employee in
    13  a particular capacity by a casino licensee.
    14                             CHAPTER 2
    15                 ESTABLISHMENT AND ORGANIZATION OF
    16             THE COMMONWEALTH CASINO CONTROL COMMISSION
    17                AND THE BUREAU OF GAMING ENFORCEMENT
    18  Section 201.  Commonwealth Casino Control Commission.
    19     There is hereby created as an independent administrative
    20  commission the Commonwealth Casino Control Commission which
    21  shall consist of five members.
    22  Section 202.  Commission members; appointment and
    23                qualifications.
    24     The members of the commission shall be appointed by the
    25  Governor by and with the advice and consent of a majority of the
    26  members elected to the Senate. Prior to nomination, the Governor
    27  shall cause an inquiry to be conducted by the Attorney General
    28  into the nominee's background, with particular regard to the
    29  nominee's financial stability, integrity, and responsibility and
    30  his reputation for good character, honesty and integrity. No
    19790S0318B0322                 - 17 -

     1  more than three members of the commission may be of the same
     2  political affiliation. Each member of the commission shall be a
     3  citizen of the United States and a resident of the Commonwealth
     4  of Pennsylvania. No member of the General Assembly, or person
     5  holding any elective or appointive office in Federal, State or
     6  local government shall be eligible to serve as a member of the
     7  commission.
     8  Section 203.  Term of office; removal.
     9     (a)  Initial appointments to the commission shall be for
    10  terms as follows:
    11         (1)  one member for one year;
    12         (2)  One member for two years;
    13         (3)  one member for three years;
    14         (4)  One member for four years; and
    15         (5)  One member for five years, who shall be designated
    16     chairman.
    17     (b)  The term of each of the members first appointed shall be
    18  designated by the Governor.
    19     (c)  After the initial appointments, all members shall be
    20  appointed for terms of five years: Provided, however, That no
    21  member shall serve more than two terms of five years each.
    22     (d)  Appointments to fill vacancies on the commission shall
    23  be for the unexpired term of the member to be replaced.
    24     (e)  The member designated by the Governor to serve as
    25  chairman shall serve in such capacity throughout such member's
    26  entire term and until his successor shall have been duly
    27  appointed and qualified. No such member, however, shall serve in
    28  such capacity for more than ten years. The chairman shall be the
    29  chief executive officer of the commission, shall devote full
    30  time to the duties of his office and shall not pursue or engage
    19790S0318B0322                 - 18 -

     1  in any other business, occupation or other gainful employment.
     2     (f)  A commissioner may be removed from office for misconduct
     3  in office, willful neglect of duty, or other conduct evidencing
     4  unfitness for his office, or for incompetence. A proceeding for
     5  removal may be instituted by the Attorney General in the
     6  Commonwealth Court. Notwithstanding any provision of this or any
     7  other act, any commissioner or employee of the commission shall
     8  automatically forfeit his office or position upon conviction of
     9  any crime.
    10     (g)  Each member of the commission shall serve for the
    11  duration of his term and until his successor shall be duly
    12  appointed and qualified, subject to the limitations contained in
    13  this section.
    14  Section 204.  Compensation of members.
    15     Each member of the commission other than the chairman shall
    16  receive compensation of $18,000 per annum and shall also be
    17  entitled to reimbursement for his expenses actually and
    18  necessarily incurred in the performance of his duties, including
    19  expenses of travel outside of the Commonwealth. The compensation
    20  of the chairman shall be $60,000 per annum.
    21  Section 205.  Organization and employees.
    22     (a)  The commission may establish, and from time to time
    23  alter, such plan of organization as it may deem expedient, and
    24  may incur expenses within the limits of funds available to it.
    25     (b)  The commission shall elect annually by a majority of the
    26  full commission one of its members, other than the chairman, to
    27  serve as vice-chairman for the ensuing year. The vice-chairman
    28  shall be empowered to carry out all of the responsibilities of
    29  the chairman as prescribed in this act during his absence or
    30  inability to serve.
    19790S0318B0322                 - 19 -

     1     (c)  The Commission shall appoint an executive secretary who
     2  shall serve at its pleasure and shall be responsible for the
     3  conduct of its administrative affairs. No person shall be
     4  eligible for such appointment unless he shall have at least five
     5  years of responsible experience in public or business
     6  administration or possesses broad management skills. The salary
     7  of the executive secretary shall be fixed by the commission:
     8  Provided, however, That such salary shall not exceed $35,000.
     9     (d)  The commission may employ such other personnel as it
    10  deems necessary. No employees of the commission, except for
    11  secretarial and clerical personnel, shall be included in
    12  "classified service" for purposes of (d) of the act of August 5,
    13  1941 (P.L.752, No.286), as amended, known as the "Civil Service
    14  Act." All employees of the commission shall be deemed
    15  confidential employees for the purposes of the act of July 23,
    16  1970 (P.L.563, No.195), known as the "Public Employe Relations
    17  Act."
    18     (e)  The commission may employ legal counsel who shall
    19  represent the commission in any proceeding to which it is a
    20  party, and who shall render legal advice to the commission upon
    21  its request. The commission may contract for the services of
    22  other professional, technical and operational personnel and
    23  consultants as may be necessary to the performance of its
    24  responsibilities under this act.
    25  Section 206.  Bureau of Gaming Enforcement.
    26     (a)  There is hereby established in the Department of Justice
    27  the Bureau of Gaming Enforcement. The bureau shall be under the
    28  immediate supervision of a director who shall also be sworn as
    29  an Assistant Attorney General and who shall administer the work
    30  of the bureau under the direction and supervision of the
    19790S0318B0322                 - 20 -

     1  Attorney General. The director shall be appointed by the
     2  Governor by and with the advice and consent of a majority of the
     3  members elected to the Senate, and shall serve during the term
     4  of office of the Governor, except that the first director shall
     5  be appointed for a term of two years. The director may be
     6  removed from office by the Attorney General for cause upon
     7  notice and opportunity to be heard. The Attorney General shall
     8  be responsible for the exercise of the duties and powers
     9  assigned to the bureau.
    10     (b)  The Attorney General shall organize the work of the
    11  bureau in such organizational units as he may determine to be
    12  necessary for efficient and effective operation and shall assign
    13  to the bureau such employees of the Department of Justice as may
    14  be necessary to assist the director in the performance of his
    15  duties. Subject to approval of the Attorney General, the
    16  commission of State Police shall assign such supervisory and
    17  investigative personnel and other resources to the Bureau of
    18  Gaming Enforcement as may be necessary to fulfill its
    19  obligations under this act.
    20     (c)  No employees of the bureau, except for secretarial and
    21  clerical personnel, shall be included in "classified service"
    22  for purposes of the "Civil Service Act." All employees of the
    23  division shall be deemed confidential employees for the purposes
    24  of the "Public Employe Relations Act."
    25     The bureau may incur expenses within the limits of funds
    26  available to it.
    27  Section 207.  Expenses of bureau.
    28     The bureau may incur expenses within the limits of funds
    29  available.
    30  Section 208.  Restrictions on preemployment by commissions,
    19790S0318B0322                 - 21 -

     1                commission employees and bureau employees and
     2                agents.
     3     (a)  No person shall be appointed to or be employed by the
     4  commission or bureau if, during the period commencing three
     5  years prior to appointment or employment, said person held any
     6  direct or indirect interest in, or any employment by, any person
     7  engaged in gaming; any manufacturer, distributor or servicer of
     8  gaming equipment; or any operator of licensed pari-mutuel
     9  betting.
    10     (b)  No person shall be appointed to or employed by the
    11  commission or bureau if, during the period commencing three
    12  years prior to appointment or employment, said person held any
    13  direct or indirect interest in, or any employment by, any person
    14  which is licensed by or has an application for a license pending
    15  before or is registered with the commission.
    16     (c)  Prior to appointment or employment, each member of the
    17  commission, each employee of the commission, the director of the
    18  Bureau of Gaming Enforcement and each employee and agent of the
    19  bureau shall swear or affirm that he possesses no interest in
    20  any business or organization licensed by or registered with the
    21  commission.
    22     (d)  Each member of the commission and the director of the
    23  bureau shall file with the Office of the Governor a financial
    24  disclosure statement listing all assets and liabilities,
    25  property and business interests, and sources of income of said
    26  member or director and his spouse and shall provide to the
    27  Attorney General a financial disclosure statement listing all
    28  assets and liabilities, property and business interests, and
    29  sources of income of the parents, brothers, sisters, and
    30  children of said member or director. Such statement shall be
    19790S0318B0322                 - 22 -

     1  under oath and shall be filed at the time of appointment and
     2  annually thereafter.
     3     (e)  Each employee of the commission, except for secretarial
     4  and clerical personnel, and each employee and agent of the
     5  bureau, except for secretarial and clerical personnel, shall
     6  file with the Office of the Governor a financial disclosure
     7  statement listing all assets and liabilities, property and
     8  business interests, and sources of income of said employee or
     9  agent and his spouse. Such statement shall be under oath and
    10  shall be filed at the time of employment and annually
    11  thereafter.
    12  Section 209.  Employment restrictions on commissioners,
    13                commission employees and bureau employees.
    14     (a)  A code of ethics governing the specific needs of the
    15  commission and the bureau shall be promulgated by each and shall
    16  include, among other provisions, that:
    17         (1)  No commission member or employee or bureau employee
    18     or agent shall be permitted to gamble in any establishment
    19     licensed by the commission except in the course of his
    20     duties.
    21         (2)  No commission member or employee or bureau employee
    22     or agent shall solicit or accept employment from any person
    23     licensed by or registered with the commission or from any
    24     applicant for a period of four years after termination of
    25     service with the commission, or bureau, unless subject to
    26     section 210(b).
    27     (b)  No commission member or employee or bureau employee or
    28  agent shall have any interest, direct or indirect, in any
    29  applicant or in any person licensed by or registered with the
    30  commission during his term of office or employment.
    19790S0318B0322                 - 23 -

     1     (c)  No commission member shall be employed in any capacity
     2  by any person licensed by or registered with the commission.
     3     (d)  Each employee of the commission, including legal counsel
     4  and hearing examiners, and each employee and agent of the bureau
     5  shall devote his entire time and attention to his duties and
     6  shall not pursue any other business or occupation or other
     7  gainful employment, except that secretarial and clerical
     8  personnel may engage in such other gainful employment as shall
     9  not interfere with their duties to the commission or bureau,
    10  unless otherwise directed.
    11     (e)  No member of the commission, employee of the commission,
    12  or employee or agent of the bureau shall:
    13         (1)  use his official authority or influence for the
    14     purpose of interfering with or affecting the result of an
    15     election or a nomination for office;
    16         (2)  directly or indirectly coerce, attempt to coerce,
    17     command or advise any person to pay, lend or contribute
    18     anything of value to a party, committee, organization, agency
    19     or person for political purposes; or
    20         (3)  take any active part in political campaigns or the
    21     management thereof; provided, however, that nothing herein
    22     shall prohibit a person from voting as he chooses or from
    23     expressing his personal opinions on political subjects and
    24     candidates.
    25  Section 210.  Post-employment restrictions.
    26     (a)  No member of the commission shall hold any direct or
    27  indirect interest in, or be employed by, any applicant or by any
    28  person licensed by or registered with the commission for a
    29  period of four years commencing on the date his membership on
    30  the commission terminates.
    19790S0318B0322                 - 24 -

     1     (b)  No employee of the commission or employee or agent of
     2  the bureau may acquire any direct or indirect interest in, or
     3  accept employment with, any applicant or any person licensed by
     4  or registered with the commission, for a period of two years
     5  commencing at the termination of employment with the commission
     6  or bureau. At the end of two years, the former employee or agent
     7  may acquire an interest in, or accept employment with, any
     8  applicant or person licensed by or registered with the
     9  commission upon application to and the approval of the
    10  commission upon a finding that the interest to be acquired or
    11  the employment will not create the appearance of a conflict of
    12  interest and does not evidence a conflict of interest in fact.
    13     (c)  No commission member or person employed by the
    14  commission or bureau shall represent any person or party other
    15  than the Commonwealth before or against the commission for a
    16  period of two years from the termination of his office or
    17  employment with the commission or bureau.
    18     (d)  No partnership, firm or corporation in which a former
    19  commission member or employee or former bureau employee or agent
    20  has an interest, nor any partner, officer or employee of any
    21  such partnership, firm or corporation shall make any appearance
    22  or representation which is prohibited to said former member,
    23  employee, or agent.
    24  Section 211.  Applicant and licensee liability for violations.
    25     (a)  No applicant or person or organization licensed by or
    26  registered with the commission shall employ or offer to employ,
    27  or provide, transfer or sell, or offer to provide, transfer or
    28  sell any interest, direct or indirect, in any person licensed by
    29  or registered with the commission to any person restricted from
    30  such transactions by the provisions of sections 208, 209 and
    19790S0318B0322                 - 25 -

     1  210.
     2     (b)  The commission shall impose such sanctions upon an
     3  applicant or a licensed or registered person for violations of
     4  this section as authorized by this act.
     5  Section 212.  Enforcement.
     6     (a)  The Attorney General shall enforce the provisions of
     7  sections 208, 209 and 210.
     8     (b)  Any person who violates the provisions of sections 208,
     9  209 and 210 shall be guilty of a misdemeanor of the third
    10  degree.
    11                             CHAPTER 3
    12               POWERS AND DUTIES OF THE COMMONWEALTH
    13                     CASINO CONTROL COMMISSION
    14  Section 301.  General responsibilities of the commission.
    15     The Commonwealth Casino Control Commission shall have general
    16  responsibility for the implementation of this act, as
    17  hereinafter provided, including, without limitation, the
    18  responsibility:
    19         (1)  to hear and decide promptly and in reasonable order
    20     all license, certificate, and permit applications and causes
    21     affecting the granting, suspension, revocation, or renewal
    22     thereof;
    23         (2)  to conduct all hearings pertaining to civil
    24     violations of this act or regulations promulgated hereunder;
    25         (3)  to promulgate such regulations as in its judgment
    26     may be necessary to fulfill the policies of this act;
    27         (4)  to collect all license fees and taxes imposed by
    28     this act and the regulations issued pursuant hereto;
    29         (5)  to levy and collect penalties for the violation of
    30     provisions of this act and the regulations promulgated
    19790S0318B0322                 - 26 -

     1     hereunder;
     2         (6)  to be present through its inspectors and agents at
     3     all times during the operation of any casino for the purpose
     4     of certifying the revenue thereof, receiving complaints from
     5     the public, and conducting such other investigations into the
     6     conduct of the games and the maintenance of the equipment as
     7     from time to time the commission may deem necessary and
     8     proper; and
     9         (7)  to review and rule upon any complaint by a casino
    10     licensee regarding any investigative procedures of the bureau
    11     which are unnecessarily disruptive of casino operations. The
    12     need to inspect and investigate shall be presumed at all
    13     times. The disruption of a licensee's operations shall be
    14     proved by clear and convincing evidence, and establish that:
    15             (i)  the procedures had no reasonable law enforcement
    16         purpose; and
    17             (ii)  the procedures were so disruptive as to inhibit
    18         unreasonable casino operations.
    19  Section 302.  Commission powers; denials and sanctions.
    20     The commission shall assure that licenses, certificates, or
    21  permits shall not be issued to nor held by, nor shall there be
    22  any material involvement, directly or indirectly, with the
    23  licensed casino operation or the ownership thereof by,
    24  unqualified or disqualified persons or unsuitable persons, or
    25  persons whose operations are conducted in a manner not
    26  conforming with the provisions of this act. For the purposes of
    27  this section, "unqualified person," "disqualified person," or
    28  "unsuitable person" shall mean any person who is found by the
    29  commission to be disqualified pursuant to the criteria set forth
    30  hereinafter, or lack the financial responsibility and capability
    19790S0318B0322                 - 27 -

     1  specified hereinafter. In enforcing the provisions of this act,
     2  the commission shall have the power and authority to deny any
     3  application; limit or restrict any certificate, permit or
     4  approval; suspend or revoke any license, certificate, permit or
     5  approval; and impose a penalty on any person licensed or
     6  previously approved for any cause deemed reasonable by the
     7  commission pursuant to rules and regulations promulgated
     8  thereby, except that no such denial, limitation, suspension or
     9  revocation shall be issued solely by reason of the fact that an
    10  applicant or licensee holds an interest in or is associated with
    11  any licensed casino enterprise in any other jurisdiction.
    12  Section 303.  Subpoenas and oaths.
    13     The commission shall have the power and authority to issue
    14  subpoenas and to compel the attendance of witnesses at any place
    15  within this Commonwealth, to administer oaths and to require
    16  testimony under oath. The commission may serve its process or
    17  notices in a manner provided for the service of process and
    18  notice in civil actions in accordance with law. The commission
    19  shall have the authority to propound written interrogatories and
    20  may appoint hearing examiners, to whom may be delegated the
    21  power and authority to administer oaths, issue subpoenas,
    22  propound written interrogatories, and require testimony under
    23  oath.
    24  Section 304.  Investigative hearings.
    25     The commission shall have the authority to conduct
    26  investigative hearings concerning the conduct of gaming and
    27  gaming operations as well as the development and well-being of
    28  the industries controlled by this act.
    29  Section 305.  Testimonial immunity.
    30     The commission may order any person to answer a question or
    19790S0318B0322                 - 28 -

     1  questions or produce evidence of any kind and confer immunity as
     2  provided in this section. If, in the course of any investigation
     3  or hearing conducted under this act, a person refuses to answer
     4  a question or produce evidence on the ground that he will be
     5  exposed to criminal prosecution thereby, then in addition to any
     6  other remedies or sanctions provided for by this act, the
     7  commission may, by resolution of four of its members and after
     8  the written approval of the Attorney General, issue an order to
     9  answer or to produce evidence with immunity.
    10     If, upon issuance of such an order, the person complies
    11  therewith, he shall be immune from having such responsive answer
    12  given by him or such responsive evidence produced by him, or
    13  evidence derived therefrom, used to expose him to criminal
    14  prosecution, except that such person may nevertheless be
    15  prosecuted for any perjury committed in such answer or in
    16  producing such evidence, or for contempt for failing to give an
    17  answer or produce evidence in accordance with the order of the
    18  commission; provided, however, that no period of incarceration
    19  for contempt shall exceed 18 months in duration pursuant to this
    20  section. Any such answer given or evidence produced shall be
    21  admissible against him upon any criminal investigation,
    22  proceeding or trial against him for such perjury; upon any
    23  investigation, proceeding or trial against him for such
    24  contempt; or in any manner consonant with State and
    25  Constitutional provisions.
    26  Section 306.  Collection of fees, penalties or tax.
    27     At any time within five years after any amount of fees,
    28  interest, penalties or tax required to be collected pursuant to
    29  the provisions of this act shall become due and payable, the
    30  commission may bring a civil action in the courts of this
    19790S0318B0322                 - 29 -

     1  Commonwealth or any other state or of the United States, in the
     2  name of the Commonwealth of Pennsylvania, to collect the amount
     3  delinquent, together with penalties and interest. An action may
     4  be brought whether or not the person owing the amount is at such
     5  time a licensee pursuant to the provisions of this act. If such
     6  action is brought in this Commonwealth, a writ of attachment may
     7  be issued and no bond or affidavit prior to the issuance thereof
     8  shall be required. In all actions in this Commonwealth, the
     9  records of the commission shall be prima facie evidence of the
    10  determination of the tax or the amount of the delinquency.
    11  Section 307.  Regulations.
    12     (a)  The commission shall be authorized to adopt, amend, or
    13  repeal such regulations, consistent with the policy and
    14  objectives of this act, as it may deem necessary or desirable
    15  for the public interest in carrying out the provisions of this
    16  act.
    17     (b)  Such regulations shall be adopted, amended, and repealed
    18  in accordance with law.
    19     (c)  Any interested person may file a petition with the
    20  commission requesting the adoption, amendment or repeal of a
    21  regulation. Such petition shall state clearly and concisely:
    22         (1)  the substance and nature of the regulation,
    23     amendment or repeal requested;
    24         (2)  the reason for the request; and
    25         (3)  reference to the authority of the commission to take
    26     the action requested.
    27     Upon receipt of the petition, the commission shall schedule
    28  the matter for hearing within 90 days and shall render a
    29  decision within 30 days after the completion of said hearing.
    30  Section 308.  Required regulations.
    19790S0318B0322                 - 30 -

     1     The commission shall, without limitation on the powers
     2  conferred in the preceding section, include within its
     3  regulations the following specific provisions in accordance with
     4  the provisions of this act:
     5         (1)  prescribing the methods and forms of application
     6     which any applicant shall follow and complete prior to
     7     consideration of his application by the commission;
     8         (2)  prescribing the methods, procedures and form for
     9     delivery of information concerning any person's family,
    10     habits, character, associates, criminal record, business
    11     activities and financial affairs;
    12         (3)  prescribing procedures for the fingerprinting of an
    13     applicant, employee of a licensee, or registrant, or other
    14     methods of identification which may be necessary in the
    15     judgment of the commission to accomplish effective
    16     enforcement of restrictions on access to the casino floor and
    17     other restricted areas of the casino hotel complex;
    18         (4)  prescribing the manner and procedure of all hearings
    19     conducted by the commission or any hearing examiner,
    20     including special rules of evidence applicable thereto and
    21     notices thereof;
    22         (5)  prescribing the manner and method of collection of
    23     payments of taxes, fees, and penalties;
    24         (6)  defining and limiting the areas of operation, the
    25     rules of authorized games, odds, and devices permitted, and
    26     the method of operation of such games and devices;
    27         (7)  regulating the practice and procedures for
    28     negotiable transactions involving patrons, including
    29     limitations on the circumstances and amounts of such
    30     transactions, and the establishment of forms and procedures
    19790S0318B0322                 - 31 -

     1     for negotiable instrument transactions, redemptions, and
     2     consolidations;
     3         (8)  prescribing grounds and procedures for the
     4     revocation or suspension of operation certificates and
     5     licenses;
     6         (9)  governing the manufacture, distribution, sale and
     7     servicing of gaming devices and equipment;
     8         (10)  prescribing the procedures, forms and methods of
     9     management controls, including employee and supervisory
    10     tables of organization and responsibility, and minimum
    11     security standards, including security personnel structure,
    12     alarm and other electrical or visual security measures;
    13         (11)  prescribing the qualifications of, and the
    14     conditions pursuant to which, engineers, accountants, and
    15     others shall be permitted to practice before the commission
    16     or to submit materials on behalf of any applicant or
    17     licensee; provided, however, that no member of the General
    18     Assembly, nor any firm with which said member is associated,
    19     shall be permitted to appear or practice or act in any
    20     capacity whatsoever before the commission or bureau regarding
    21     any matter whatsoever, nor shall any member of the family of
    22     the Governor or of a member of the General Assembly be
    23     permitted to so practice or appear in any capacity whatsoever
    24     before the commission or bureau regarding any matter
    25     whatsoever;
    26         (12)  prescribing minimum procedures for the exercise of
    27     effective control over the internal fiscal affairs of a
    28     licensee, including provisions for the safeguarding of assets
    29     and revenues, the recording of cash and evidence of
    30     indebtedness, and the maintenance of reliable records,
    19790S0318B0322                 - 32 -

     1     accounts, and reports of transactions, operations and events,
     2     including reports to the commission;
     3         (13)  providing for a minimum uniform standard of
     4     accountancy methods, procedures and forms; a uniform code of
     5     accounts and accounting classifications; and other standard
     6     operating procedures, as may be necessary to assure
     7     consistency, comparability, and effective disclosure of all
     8     financial information, including calculations of percentages
     9     of profit by game, table, gaming device and slot machines;
    10         (14)  requiring periodic financial reports and the form
    11     thereof, including an annual audit prepared by a certified
    12     public accountant licensed to do business in this
    13     Commonwealth attesting to the financial condition of a
    14     licensee and disclosing whether the accounts, records and
    15     control procedures examined are maintained by the licensee as
    16     required by this act and the regulations promulgated
    17     hereunder;
    18         (15)  governing the advertising of casino licensees,
    19     their employees and agents, with the view toward assuring
    20     that gaming is portrayed as an activity for adults conducted
    21     in an atmosphere of social graciousness, and that such
    22     advertisements are in no way deceptive; provided, however,
    23     that such regulations shall not prohibit the advertisement of
    24     casino location, hours of operation, or types of games and
    25     other amenities offered, but in no circumstance shall permit
    26     the advertisement of information about odds, the number of
    27     games, or the size of the casino; and provided further,
    28     however, that such regulations shall require the words "Bet
    29     with your head, not over it" to appear on all billboards,
    30     signs, and other on-sight advertising of a casino operation;
    19790S0318B0322                 - 33 -

     1         (16)  governing entertainment presented by casino
     2     licensees in accordance with the prevailing community
     3     standards as determined by the commission;
     4         (17)  concerning the distribution and consumption of
     5     alcoholic beverages on the premises of the licensee, which
     6     regulations shall be insofar as possible consistent with the
     7     act of April 12, 1951 (P.L.90, No.21), known as the "Liquor
     8     Code," as amended, and shall deviate only insofar as
     9     necessary because of the unique character of the hotel casino
    10     premises and operations; and
    11         (18)  limiting signs and other on-sight advertising, with
    12     a view toward minimizing solicitation for gaming purposes
    13     from the public thoroughfares or otherwise dominating or
    14     despoiling the architecture or environment.
    15  Section 309.  Regulation requiring exclusion of certain persons.
    16     (a)  The commission shall, by regulation, provide for the
    17  establishment of a list of persons who are to be excluded or
    18  ejected from any licensed casino establishment. Such provisions
    19  shall define the standards for exclusion, and shall include
    20  standards relating to persons:
    21         (1)  who are career or professional offenders as defined
    22     by regulation of the commission;
    23         (2)  who have been convicted of a criminal offense under
    24     the laws of this Commonwealth or of the United States, which
    25     is punishable by more than six months in prison, or any crime
    26     or offense involving moral turpitude; or
    27         (3)  whose presence in a licensed casino would, in the
    28     opinion of the commission, be inimical to the interest of the
    29     Commonwealth of Pennsylvania or of licensed gaming therein,
    30     or both.
    19790S0318B0322                 - 34 -

     1     The commission shall promulgate definitions establishing
     2  those categories of persons who shall be excluded pursuant to
     3  this section, including cheats and persons whose privileges for
     4  licensure have been revoked.
     5     (b)  Race, color, creed, national origin or ancestry, or sex
     6  shall not be a reason for placing the name of any person upon
     7  such list.
     8     (c)  The commission may impose sanctions upon a licensed
     9  casino or individual licensee in accordance with the provisions
    10  of this act if such casino or individual licensee knowingly
    11  fails to exclude or eject from the premises of any licensed
    12  casino any person placed by the commission on the list of
    13  persons to be excluded or ejected.
    14     (d)  Any list compiled by the commission of persons to be
    15  excluded or ejected shall not be deemed an all inclusive list,
    16  and licensed casino establishments shall have a duty to keep
    17  from their premises persons known to them to be within the
    18  classifications declared in subsection (a) and the regulations
    19  promulgated thereunder.
    20     (e)  Whenever the name or description of any person is placed
    21  on a list pursuant to this section, the commission shall serve
    22  notice of such fact to such person by personal service, by
    23  certified mail at the last known address of such person, or by
    24  publication daily for one week in a newspaper of general
    25  circulation in the county wherein the last known address is
    26  situate.
    27     (f)  Within 30 days after service by mail or in person or 60
    28  days from the time of last publication, as the case may be, the
    29  person named for exclusion or ejection may demand a hearing
    30  before the commission and show cause why he should have his name
    19790S0318B0322                 - 35 -

     1  removed from such list. Failure to demand such a hearing within
     2  the time allotted in this section shall preclude a person from
     3  having an administrative hearing, but shall in no way affect his
     4  right to judicial review as provided herein.
     5     (g)  Upon receipt of a demand for a hearing, the commission
     6  shall set a time and place for such hearing. Unless otherwise
     7  agreed by the commission and the named person, such hearing
     8  shall not be later than 30 days after the receipt of a demand
     9  for such hearing.
    10     (h)  If, upon completion of the hearing, the commission
    11  determines that the regulation does not or should not apply to
    12  the person so listed, the commission shall notify all casino
    13  licensees of such determination.
    14     (i)  If, upon completion of a hearing, the commission
    15  determines that the placement of the name of the person on the
    16  exclusionary list was appropriate, the commission shall make and
    17  enter an order to that effect. Such order shall be subject to
    18  review by the Superior Court in accordance with law.
    19  Section 310.  Commission reports and recommendations.
    20     The commission shall carry on a continuous study of the
    21  operation and administration of casino control laws which may be
    22  in effect in other jurisdictions, literature on this subject
    23  which may from time to time become available, Federal laws which
    24  may affect the operation of casino gaming in this State, and the
    25  reaction of Pennsylvania citizens to existing and potential
    26  features of casino gaming under this act. It shall be
    27  responsible for ascertaining any defects in this act or in the
    28  rules and regulations issued thereunder, formulating
    29  recommendations for changes in this act to prevent abuses
    30  thereof, guarding against the use of this act as a cloak for the
    19790S0318B0322                 - 36 -

     1  carrying on of illegal gambling or other criminal activities,
     2  and insuring that this act and the rules and regulations shall
     3  be in such form and be so administered as to serve the true
     4  purposes of this act. The commission shall make to the Governor
     5  and the General Assembly an annual report of all revenues,
     6  expenses and disbursements, and shall include therein such
     7  recommendations for changes in this act as the commission deems
     8  necessary or desirable. The commission shall report immediately
     9  to the Governor and the General Assembly any matters which in
    10  its judgment require immediate changes in the laws of this
    11  Commonwealth in order to prevent abuses and evasions of this act
    12  or of rules and regulations promulgated hereunder, or to rectify
    13  undesirable conditions in connection with the operation and
    14  regulation of casino gaming.
    15  Section 311.  Meetings; quorum.
    16     (a)  Meetings of the commission will be held at the
    17  discretion of the chairman at such times and places as he may
    18  deem necessary and convenient, or at the call of three members
    19  of the commission.
    20     (b)  The commission shall in all respects comply with the
    21  provisions of the act of July 19, 1974 (P.L.486, No.175),
    22  referred to as the Public Agency Open Meeting Law.
    23     (c)  A majority of the full commission shall determine any
    24  action of the commission, except that no casino license may be
    25  issued without the approval of four members. In the event that a
    26  vacancy has existed on the commission for more than 60 days, a
    27  majority of the full commission may act with respect to any
    28  matter, including the issuance of a casino license.
    29  Section 312.  Minutes and records.
    30     (a)  The commission shall cause to be made and kept a
    19790S0318B0322                 - 37 -

     1  verbatim record of all proceedings held at public meetings of
     2  the commission, which record shall be open to public inspection.
     3     A true copy of the minutes of every meeting of the commission
     4  and of any regulations finally adopted by the commission shall
     5  be forthwith delivered, by and under the certification of the
     6  executive secretary, to the Governor, the Clerk of the Senate,
     7  and the Clerk of the House of Representatives.
     8     (b)  The commission shall keep and maintain a list of all
     9  applicants for licenses under this act together with a record of
    10  all actions taken with respect to such applicants, which file
    11  and record shall be open to public inspection; provided,
    12  however, that the foregoing information regarding any applicant
    13  whose license has been denied, revoked, or not renewed shall be
    14  removed from such list after five years from the date of such
    15  action.
    16     (c)  The commission shall maintain such other files and
    17  records as may be deemed desirable.
    18     (d)  Except as provided in subsection (h), all information
    19  and data required by the commission to be furnished hereunder,
    20  or which may otherwise be obtained, relative to the internal
    21  controls specified in this act or to the earnings or revenue of
    22  any applicant or licensee shall be considered to be confidential
    23  and shall not be revealed in whole or in part except in the
    24  course of the necessary administration of this act, or upon the
    25  lawful order of a court of competent jurisdiction, or, with the
    26  approval of the Attorney General, to a duly authorized law
    27  enforcement agency.
    28     (e)  All information and data pertaining to an applicant's
    29  criminal record, family, and background furnished to or obtained
    30  by the commission from any source shall be considered
    19790S0318B0322                 - 38 -

     1  confidential and may be withheld in whole or in part, except
     2  that any information shall be released upon the lawful order of
     3  a court of competent jurisdiction or, with the approval of the
     4  Attorney General, to a duly authorized law enforcement agency.
     5     (f)  Notice of the contents of any information or data
     6  released, except to a duly authorized law enforcement agency
     7  pursuant to subsections (d) or (e), may be given to any
     8  applicant or licensee in a manner prescribed by the rules and
     9  regulations adopted by the commission.
    10     (g)  Files, records, reports and other information in the
    11  possession of the Commonwealth's bureaus or agencies pertaining
    12  to licensees shall be made available to the commission and the
    13  bureau as may be necessary to the effective administration of
    14  this act.
    15     (h)  The following information to be reported periodically to
    16  the commission shall not be considered confidential and shall be
    17  made available for public inspection:
    18         (1)  A licensee's operating revenues and expenses from
    19     all authorized games as herein defined.
    20         (2)  The dollar amounts of patron checks initially
    21     accepted by a licensee, the dollar amount of patron checks
    22     deposited to the licensee's bank account, the dollar amount
    23     of such checks initially dishonored by the bank and returned
    24     to the licensee "as uncollected," and the dollar amount
    25     ultimately uncollected after all reasonable efforts.
    26         (3)  The amount of gross revenue tax actually paid and
    27     the amount of investment, if any, required and allowed,
    28     pursuant to the provisions of this act.
    29         (4)  A list of the premises and the nature of
    30     improvements, costs thereof and the payees for all such
    19790S0318B0322                 - 39 -

     1     improvements, which were the subject of an investment
     2     required and allowed pursuant to the provisions of this act.
     3         (5)  The amount, if any, of tax in lieu of full local
     4     real property tax paid pursuant to the provisions of this act
     5     and the amount of profits, if any, recaptured pursuant to the
     6     provisions of this act.
     7         (6)  A list of the premises, nature of improvements and
     8     costs thereof which constitute the cumulative investments by
     9     which a licensee has recaptured profits pursuant to the
    10     provisions of this act.
    11         (7)  All information and data submitted to the commission
    12     relating to the licensee's annual revenues and expenditures,
    13     including annual audits.
    14     Nothing in this subsection shall be construed to limit access
    15  by the public to those forms and documents required to be filed
    16  pursuant to the provisions of this act.
    17  Section 313.  Powers not enumerated.
    18     The commission may exercise any proper power or authority
    19  necessary to perform the duties assigned to it by law, and no
    20  specific enumeration of powers in this act shall be read to
    21  limit the authority of the commission to administer this act.
    22                             CHAPTER 4
    23       POWERS AND DUTIES OF THE BUREAU OF GAMING ENFORCEMENT
    24  Section 401.  General duties and powers.
    25     (a)  The Bureau of Gaming Enforcement shall promptly and in
    26  reasonable order investigate all applications, enforce the
    27  provisions of this act and any regulations promulgated
    28  hereunder, and prosecute before the commission all proceedings
    29  for violations of this act or any regulations promulgated
    30  hereunder. The bureau shall provide the commission with all
    19790S0318B0322                 - 40 -

     1  information necessary for all action under Chapter 5 of this act
     2  and for all proceedings involving enforcement of the regulations
     3  of this act or any regulations promulgated hereunder.
     4     (b)  The bureau shall:
     5         (1)  investigate the qualifications of each applicant
     6     before any license, certificate or permit is issued pursuant
     7     to the provisions of this act;
     8         (2)  investigate the circumstances surrounding any act or
     9     transaction for which commission approval is required;
    10         (3)  investigate violations of this act and regulations
    11     promulgated hereunder;
    12         (4)  initiate, prosecute and defend such proceedings
    13     before the commission, or appeals therefrom, as the bureau
    14     may deem appropriate;
    15         (5)  provide assistance upon request by the commission in
    16     the consideration and promulgation of rules and regulations;
    17         (6)  conduct continuing reviews of casino operations
    18     through on-site observation and other reasonable means to
    19     assure compliance with this act and regulations promulgated
    20     hereunder;
    21         (7)  conduct audits of casino operations, including
    22     reviews of accounting, administrative and financial records,
    23     and management control systems, procedures and records
    24     utilized by a casino licensee; and
    25         (8)  be entitled to request information, materials and
    26     any other data from any licensee or registrant, or applicant
    27     for a license or registration under this act.
    28  Section 402.  Prosecution.
    29     The bureau shall prosecute all criminal violations of this
    30  act except those it may refer to the Attorney General. The
    19790S0318B0322                 - 41 -

     1  bureau and its employees and agents shall have such other law
     2  enforcement powers as may be delegated to it by the Attorney
     3  General to effectuate the purposes of this act.
     4  Section 403.  Cooperation by licensee or registrant.
     5     Each licensee or registrant, or applicant for a license or
     6  registration under this act shall cooperate with the bureau in
     7  the performance of its duties.
     8  Section 404.  Inspection, seizure and warrants.
     9     (a)  The bureau and its employees and agents, upon approval
    10  of the director, shall have the authority, without notice and
    11  without warrant:
    12         (1)  to inspect and examine all premises wherein casino
    13     gaming is conducted; or gaming devices or equipment are
    14     manufactured, sold, distributed, or serviced; or wherein any
    15     records of such activities are prepared or maintained;
    16         (2)  to inspect all equipment and supplies, in, about,
    17     upon or around such premises;
    18         (3)  to seize summarily and remove from such premises and
    19     impound any such equipment or supplies for the purposes of
    20     examination and inspection;
    21         (4)  to inspect, examine and audit all books, records,
    22     and documents pertaining to a casino licensee's operation;
    23         (5)  to seize, impound or assume physical control of any
    24     book, record, ledger, game, device, cash box and its
    25     contents, counting room or its equipment, or casino
    26     operations; and
    27         (6)  to inspect the person and personal effects present
    28     in a casino facility licensed under this act, of any holder
    29     of a license issued pursuant to this act while that person is
    30     present in a licensed casino facility.
    19790S0318B0322                 - 42 -

     1     (b)  The provisions of subsection (a) shall in no way be
     2  deemed to limit warrantless inspections except in accordance
     3  with constitutional requirements.
     4     (c)  To effectuate further the purposes of this act, the
     5  bureau and its employees and agents may obtain administrative
     6  warrants for the inspection and seizure of any property
     7  possessed, controlled, bailed or otherwise held by any
     8  applicant, licensee, registrant, intermediary company, or
     9  holding company.
    10     (d)  Issuance and execution of warrants for administrative
    11  inspection shall be in accordance with the following:
    12         (1)  Any district justice having jurisdiction in the
    13     magisterial district where the inspection or seizure is to be
    14     conducted may, upon proper oath or affirmation showing
    15     probable cause, issue warrants for the purpose of conducting
    16     administrative inspections authorized by this act or
    17     regulations thereunder and seizures of property appropriate
    18     to such inspections. For the purposes of this section,
    19     "probable cause" means a valid public interest in the
    20     effective enforcement of the act or regulations sufficient to
    21     justify administrative inspection of the area, premises,
    22     building or conveyance in the circumstances specified in the
    23     application for the warrant.
    24         (2)  A warrant shall issue only upon an affidavit of a
    25     person duly designated and having knowledge of the facts
    26     alleged, sworn to before the district justice and
    27     establishing the grounds for issuing the warrant. If the
    28     district justice is satisfied that grounds for the
    29     application exist or that there is probable cause to believe
    30     they exist, he shall issue a warrant identifying the area,
    19790S0318B0322                 - 43 -

     1     premises, building, or conveyance to be inspected; the
     2     purpose of such inspection; and, where appropriate, the type
     3     of property to be inspected, if any. The warrant shall
     4     identify the item or types of property to be seized, if any.
     5     The warrant shall be directed to a person authorized to
     6     execute it. The warrant shall state the grounds for its
     7     issuance and the name of the person or persons whose
     8     affidavit has been taken in support thereof. It shall command
     9     the person to whom it is directed to inspect the area,
    10     premises, building, or conveyance identified for the purpose
    11     specified, and where appropriate, shall direct the seizure of
    12     the property specified. The warrant shall direct that it be
    13     served during normal business hours of the licensee. It shall
    14     designate the district justice to whom it shall be returned.
    15         (3)  A warrant issued pursuant to this section must be
    16     executed and returned within ten days of its date. If
    17     property is seized pursuant to a warrant, the person
    18     executing the warrant shall give to the person from whom or
    19     from whose premises the property was taken a copy of the
    20     warrant and a receipt for the property taken or shall leave
    21     the copy and receipt at the place from which the property was
    22     taken. The return of the warrant shall be made promptly and
    23     shall be accompanied by a written inventory of any property
    24     taken. The inventory shall be made in the presence of the
    25     person executing the warrant and of the person from whose
    26     possession or premises the property was taken, if they are
    27     present, or in the presence of at least one credible person
    28     other than the person executing the warrant. The district
    29     justice, upon request, shall deliver a copy of the inventory
    30     to the person from whom or from whose premises the property
    19790S0318B0322                 - 44 -

     1     was taken and to the applicant for the warrant.
     2         (4)  The district justice who has issued a warrant under
     3     this section shall attach to the warrant a copy of the return
     4     and all papers filed in connection therewith and shall cause
     5     them to be filed with the appropriate court of common pleas.
     6     (e)  The bureau is authorized to make administrative
     7  inspections to check for compliance by any applicant, licensee,
     8  registrant, intermediary company or holding company with the
     9  provisions of this act or regulations promulgated thereunder,
    10  and to investigate any violations thereof.
    11     (f)  This section shall not be construed to prevent entries
    12  and administrative inspections, including seizures of property,
    13  without a warrant:
    14         (1)  with the consent of the owner, operator or agent in
    15     charge of the controlled premises;
    16         (2)  in situations presenting imminent danger to health
    17     or safety;
    18         (3)  in situations involving inspection of conveyances
    19     where there is reasonable cause to believe that the mobility
    20     of the conveyance makes it impracticable to obtain a warrant
    21     or in any other exceptional or emergency circumstance where
    22     time or opportunity to apply for a warrant is lacking;
    23         (4)  in accordance with the provisions of this act; or
    24         (5)  in all other situations where a warrant is not
    25     constitutionally required.
    26                             CHAPTER 5
    27                             LICENSING
    28  Section 501.  General provisions.
    29     (a)  It shall be the affirmative responsibility of each
    30  applicant and licensee to establish by clear and convincing
    19790S0318B0322                 - 45 -

     1  evidence his individual qualifications, and for a casino license
     2  the qualifications of each person who is required to be
     3  qualified under this act as well as the qualifications of the
     4  facility in which the casino is to be located.
     5     (b)  Any applicant, licensee or any other person who must be
     6  qualified pursuant to this act shall provide all information
     7  required by this act and satisfy all requests for information
     8  pertaining to qualification and in the form specified by the
     9  commission. All applicants and licensees shall waive liability
    10  as to the Commonwealth, and its instrumentalities and agents,
    11  for any damages resulting from lawful or unintentional
    12  disclosure or publication in any manner of any material or
    13  information acquired during inquiries, investigations or
    14  hearings.
    15     (c)  All applicants, licensees, registrants, intermediary
    16  companies, and holding companies shall consent to inspections,
    17  searches and seizures and the supplying of handwriting exemplars
    18  as authorized by this act and regulations promulgated hereunder.
    19     (d)  All applicants, licensees, registrants, and any other
    20  person who shall be qualified pursuant to this act shall have
    21  the continuing duty to provide any assistance or information
    22  required by the commission or division, and to cooperate in any
    23  inquiry or investigation conducted by the bureau and any
    24  inquiry, investigation, or hearing conducted by the commission.
    25  If, upon issuance of a formal request to answer or produce
    26  information, evidence or testimony, any applicant, licensee,
    27  registrant, or any other person who shall be qualified pursuant
    28  to this act refuses to comply, the application, license,
    29  registration or qualification of such person may be denied or
    30  revoked by the commission.
    19790S0318B0322                 - 46 -

     1     (e)  No applicant or licensee shall give or provide, offer to
     2  give or provide, directly or indirectly, any compensation or
     3  reward or any percentage or share of the money or property
     4  played or received through gaming activities, except as
     5  authorized by this act, in consideration for obtaining any
     6  license, authorization, permission or privilege to participate
     7  in any way in gaming operations.
     8     (f)  Each applicant or person who must be qualified under
     9  this act shall be photographed and fingerprinted for
    10  identification and investigation purposes in accordance with
    11  procedures established by the commission.
    12  Section 502.  Statement of compliance.
    13     (a)  The commission may issue a statement of compliance to an
    14  applicant for any license under this act at any time the
    15  commission is satisfied that one or more particular eligibility
    16  criteria have been satisfied by an applicant.
    17     (b)  Such statement shall specify the eligibility criterion
    18  satisfied, the date of such satisfaction and a reservation to
    19  the commission to revoke the statement of compliance at any time
    20  based upon a change of circumstances affecting such compliance.
    21     (c)  A statement of compliance certifying satisfaction of all
    22  of the requirements of this act with respect to a specific
    23  casino hotel proposal submitted by an eligible applicant may be
    24  accompanied by a written commitment from the commission that a
    25  casino license shall be reserved for a period not to exceed 18
    26  months and shall be issued to such eligible applicant with
    27  respect to such proposal provided that such applicant:
    28         (1)  complies in all respects with the provisions of this
    29     act;
    30         (2)  qualifies for a casino license within a period not
    19790S0318B0322                 - 47 -

     1     to exceed 18 months of the date of such commitment; and
     2         (3)  complies with such other conditions as the
     3     commission shall impose.
     4  The commission may revoke such reservation at any time it finds
     5  that the applicant is disqualified from receiving or holding a
     6  casino license or has failed to comply with any conditions
     7  imposed by the commission. Such reservation shall be
     8  automatically revoked if the applicant does not qualify for a
     9  casino license within the period of such commitment.
    10  Section 503.  Casino license; applicant eligibility.
    11     (a)  No casino shall operate unless all necessary licenses
    12  and approvals therefor have been obtained in accordance with
    13  law.
    14     (b)  Any person shall be eligible to apply for a casino
    15  license if he agrees to comply in all respects with this act and
    16  the regulations promulgated hereunder and if he:
    17         (1)  owns 100% of an approved hotel as herein defined;
    18         (2)  leases 100% of an approved hotel in accordance with
    19     the provisions of this act;
    20         (3)  owns or has a contract to purchase or construct a
    21     hotel, or leases or has an agreement to lease in accordance
    22     with the provisions of this act 100% of a hotel, which, in
    23     the judgment of the commission, can become an approved hotel
    24     within 18 months; or
    25         (4)  has a written agreement with a casino licensee or
    26     with an eligible applicant for a casino license, for the
    27     complete management of a casino in accordance with the
    28     provisions of this act, and owns 100% of or controls any
    29     approved hotel, including the approved hotel which is the
    30     subject of the management agreement. For purposes of this
    19790S0318B0322                 - 48 -

     1     subsection, control of an approved hotel shall mean the
     2     ownership of at least 10% of all outstanding equity
     3     securities of a casino licensee or of an eligible applicant
     4     for a casino license, and the sole and unrestricted power to
     5     direct the operations of such casino licensee or eligible
     6     applicant.
     7     (c)  No casino license shall be issued to any person leasing
     8  a hotel pursuant to the provisions of this act unless a separate
     9  casino license has first been issued to the owner of the casino
    10  hotel facility which is the subject of such lease.
    11     (d)  No corporation shall be eligible to apply for a casino
    12  license unless the corporation shall:
    13         (1)  be incorporated in the Commonwealth of Pennsylvania,
    14     although such corporation may be a wholly or partially owned
    15     subsidiary of a corporation which is chartered in another
    16     state of the United States;
    17         (2)  maintain an office of the corporation in the
    18     premises licensed or to be licensed;
    19         (3)  comply with all the requirements of the laws of the
    20     Commonwealth of Pennsylvania pertaining to corporations;
    21         (4)  maintain a ledger in the principal office of the
    22     corporation in the Commonwealth which shall at all times
    23     reflect the current ownership of every class of security
    24     issued by the corporation and shall be available for
    25     inspection by the commission or the bureau and authorized
    26     agents of the commission and the bureau at all reasonable
    27     times without notice;
    28         (5)  maintain all operating accounts required by the
    29     commission in a bank in the Commonwealth;
    30         (6)  include among the purposes stated in its articles of
    19790S0318B0322                 - 49 -

     1     incorporation the conduct of casino gaming;
     2         (7)  if it is not a publicly traded corporation, file
     3     with the commission such adopted corporate charter or bylaws
     4     provisions as may be necessary to establish the right of the
     5     commission to approve future transfers of corporate
     6     securities, shares, and other interests in the applicant
     7     corporation and in any holding company, intermediary company,
     8     or subsidiary thereof; and, if it is a publicly traded
     9     corporation, said corporation shall provide in its corporate
    10     charter or bylaws that any securities of such corporation are
    11     held subject to the condition that if a holder thereof is
    12     found to be disqualified by the commission pursuant to the
    13     provisions of this act, such holder shall dispose of his
    14     security interest in the corporation; provided, however, that
    15     nothing herein shall be deemed to require that any security
    16     of such corporation bear any legend to this effect; and
    17         (8)  if it is not a publicly traded corporation,
    18     established to the satisfaction of the commission that
    19     appropriate charter or bylaws provisions create the absolute
    20     right of such corporations and companies to repurchase at the
    21     market price or the purchase price, whichever is the lesser,
    22     any security, share or other interest in the corporation in
    23     the event that the commission disapproves a transfer in
    24     accordance with the provisions of this act.
    25     (e)  No person shall be issued or be the holder of more than
    26  three casino licenses. For the purpose of this subsection a
    27  person shall be considered the holder of a casino license if
    28  such license is issued to such person or if such license is held
    29  by any holding, intermediary or subsidiary company thereof, or
    30  by any officer, director, casino key employee or principal
    19790S0318B0322                 - 50 -

     1  employee of such person, or of any holding, intermediary or
     2  subsidiary company thereof.
     3  Section 504.  Approved hotel.
     4     An approved hotel for purposes of this act shall be a hotel
     5  providing facilities in accordance with this section. Nothing in
     6  this section shall be construed to limit the authority of the
     7  commission to determine the suitability of facilities as
     8  provided in this act, and nothing in this section shall be
     9  construed to require a casino to be larger than the minimum size
    10  or smaller than the maximum size herein provided. An approved
    11  hotel shall, in accordance with the following table:
    12         (1)  contain the minimum number of sleeping units as
    13     hereinbefore defined;
    14         (2)  contain the minimum amount of meeting and exhibition
    15     space, consisting of indoor public space available and of the
    16     sort regularly used for conventions, exhibits, meetings,
    17     banquets and similar functions, but not including space
    18     regularly used as restaurants, lobbies, lounges, bars, show
    19     theaters, sports facilities, casinos, or parking areas;
    20         (3)  contain the minimum amount of indoor space used for
    21     dining, entertainment, and sports facilities, including
    22     restaurants, bars, lounges, show theaters, shops, dance
    23     halls, and swimming facilities but excluding lobbies,
    24     casinos, parking areas and tennis facilities. For purposes of
    25     this subsection, only the actual swimming pool and a 25-foot
    26     area on all sides thereof shall be eligible for inclusion in
    27     the allowable indoor sports space; and
    28         (4)  contain a casino room as hereinbefore defined, in
    29     accordance with the relative size of room, meeting and
    30     exhibition, and indoor dining, entertainment and sports space
    19790S0318B0322                 - 51 -

     1     as provided in the following chart, but, except as
     2     hereinafter provided, in no event may a casino room exceed
     3     the maximum square footage stated:
     4                  Meeting   Dining, entertainment
     5                   space      and indoor sports     Casino space
     6   No. of rooms   Sq. Ft.         Sq. Ft.             Sq. Ft.
     7                  Minimum         Minimum             Maximum
     8       100         2,000            4,000               4,000
     9       150         2,500            5,000               5,000
    10       200         3,000            6,000               6,000
    11       250         3,500            7,000               7,000
    12       300         4,000            8,000               8,000
    13       350         4,500            9,000               9,000
    14       400         5,000           10,000              10,000
    15     If a licensed facility shall provide more meeting space and
    16  dining, entertainment, and indoor sports space than is required
    17  by subsection (d), the maximum allowable casino space may be
    18  increased by a figure representing one-half of the amount of
    19  such excess meeting space and excess dining and kitchen support
    20  facilities, entertainment, and indoor sports space; provided,
    21  however, that at least 25% of the total of such excess space
    22  shall be either meeting space or dining and kitchen support
    23  facilities, entertainment, and indoor sports space; and provided
    24  further, however, that the total of the increased allowable
    25  casino space shall not exceed a figure representing the original
    26  maximum casino size.
    27  Section 505.  Casino license; applicant requirements.
    28     Any applicant for a casino license must produce information,
    29  documentation and assurances concerning the following
    30  qualification criteria:
    19790S0318B0322                 - 52 -

     1         (1)  Each applicant shall produce such information,
     2     documentation and assurances concerning financial background
     3     and resources as may be required to establish by clear and
     4     convincing evidence the financial stability, integrity and
     5     responsibility of the applicant, including but not limited to
     6     bank references, business and personal income and
     7     disbursement schedules, tax returns and other reports filed
     8     with governmental agencies, and business and personal
     9     accounting and check records and ledgers. In addition, each
    10     applicant shall, in writing, authorize the examination of all
    11     bank accounts and records as may be deemed necessary by the
    12     commission or the division.
    13         (2)  Each applicant shall produce such information,
    14     assurances as may be necessary to establish by clear and
    15     convincing evidence the integrity and reputation of all
    16     financial backers, investors, mortgagees, bond holders, and
    17     holders of indentures, notes or other evidences of
    18     indebtedness, either in effect or proposed, which bears any
    19     relation to the casino proposal submitted by the applicant or
    20     applicants. The reputation and integrity of financial sources
    21     shall be judged upon the same standards as the applicant. In
    22     addition, the applicant shall produce whatever information,
    23     documentation or assurance may be required to establish by
    24     clear and convincing evidence the adequacy of financial
    25     resources both as to the completion of the casino proposal
    26     and the operation of the casino.
    27         (3)  Each applicant shall produce such information,
    28     documentation and assurances of good character as may be
    29     required to establish by clear and convincing evidence the
    30     applicant's good reputation for honesty and integrity. Such
    19790S0318B0322                 - 53 -

     1     information shall include, without limitation, information
     2     pertaining to family, habits, character, criminal and arrest
     3     record, business activities, financial affairs, and business,
     4     professional and personal associates, covering at least the
     5     ten-year period immediately preceding the filing of the
     6     application. Each applicant shall notify the commission of
     7     any civil judgments obtained against any such applicant
     8     pertaining to antitrust or security regulation laws of the
     9     Federal Government, of this Commonwealth or of any other
    10     state, jurisdiction, province or country. In addition, each
    11     applicant shall produce letters of reference from law
    12     enforcement agencies having jurisdiction in the applicant's
    13     place of residence and principal place of business, which
    14     letters of reference shall indicate that such law enforcement
    15     agencies do not have any pertinent information concerning the
    16     applicant, or if such law enforcement agency does have
    17     information pertaining to the applicant, shall specify what
    18     that information is. If the applicant has conducted gaming
    19     operations in a jurisdiction which permits such activity, the
    20     applicant shall produce letters of reference from the gaming
    21     or casino enforcement or control agency which shall specify
    22     the experiences of such agency with the applicant, his
    23     associates, and his gaming operation; provided, however, that
    24     if no such letters are received within 60 days of request
    25     therefor, the applicant may submit a statement under oath
    26     that he is or was during the period such activities were
    27     conducted in good standing with such gaming or casino
    28     enforcement or control agency.
    29         (4)  Each applicant shall produce such information,
    30     documentation and assurances as may be required to establish
    19790S0318B0322                 - 54 -

     1     by clear and convincing evidence that the applicant has
     2     sufficient business ability and casino experience as to
     3     establish the likelihood of creation and maintenance of a
     4     successful, efficient casino operation. The applicant shall
     5     produce the names of all proposed casino key employees as
     6     they become known and a description of their respective or
     7     proposed responsibilities, and a full description of security
     8     systems and management controls proposed for the casino and
     9     related facilities.
    10         (5)  Each applicant shall produce such information,
    11     documentation and assurances to establish to the satisfaction
    12     of the commission the suitability of the casino and related
    13     facilities and its proposed location, and that the proposal
    14     will not adversely affect casino operations or overall
    15     environmental conditions. A market impact study which
    16     analyzes the adequacy of the patron market and the effect of
    17     the proposal on such market and on the existing casino
    18     facilities licensed under this act shall be submitted by each
    19     applicant. An analysis of the effect of the proposal on the
    20     overall environment, including, without limitation, economic,
    21     social, demographic and competitive conditions shall also be
    22     submitted by each applicant.
    23  Section 506.  Additional requirements.
    24     (a)  In addition to other information required by this act, a
    25  corporation applying for a casino license shall provide the
    26  following information:
    27         (1)  the organization, financial structure and nature of
    28     all businesses operated by the corporation and its holding,
    29     intermediary and subsidiary companies, including names and
    30     personal employment and criminal histories of all officers,
    19790S0318B0322                 - 55 -

     1     directors and principal employees of all such corporations
     2     and companies;
     3         (2)  the rights and privileges acquired by the holders of
     4     different classes of authorized securities of all such
     5     corporations and companies, including the names, addresses
     6     and amounts held by all holders of such securities;
     7         (3)  the terms upon which securities have been or are to
     8     be offered;
     9         (4)  the terms and conditions of all outstanding loans,
    10     mortgages, trust deeds, pledges or any other indebtedness or
    11     security devices utilized by the corporation;
    12         (5)  the extent of the equity security holding in the
    13     corporation of all officers, directors and underwriters, and
    14     their remuneration in the form of salary, wages, fees or
    15     otherwise;
    16         (6)  names of persons other than directors and officers
    17     whose compensation exceeds $25,000 per annum, and amounts
    18     thereof;
    19         (7)  a description of all bonus and profit sharing
    20     arrangements;
    21         (8)  copies of all management and service contracts; and
    22         (9)  a listing of stock options existing or to be
    23     created.
    24     (b)  If a corporation applying for a casino license is, or if
    25  a corporation holding a casino license is to become, a
    26  subsidiary, each holding company and each intermediary company
    27  with respect thereto must, as a condition of acquiring or
    28  retaining such license, as the case may be:
    29         (1)  qualify to do business in the Commonwealth of
    30     Pennsylvania; and
    19790S0318B0322                 - 56 -

     1         (2)  if it is a corporation, register with the commission
     2     and furnish the commission with all the information required
     3     of a corporate licensee as specified in subsection (a); or
     4         (3)  if it is not a corporation, register with the
     5     commission and furnish the commission with such information
     6     as the commission may prescribe. The commission may, in its
     7     discretion, make such investigations concerning the officers,
     8     directors, underwriters, security holders, partners,
     9     principals, trustees or persons owning or beneficially
    10     holding any interest in any holding company or intermediary
    11     company as it deems necessary, either at the time of initial
    12     registration or at any time thereafter.
    13     (c)  Any noncorporate applicant for a casino license shall
    14  provide the information required in subsection (a) in such form
    15  as may be required by the commission or the division. No such
    16  applicant shall be eligible to hold a casino license unless each
    17  person who directly or indirectly holds any beneficial interest
    18  or ownership in the applicant, or who in the opinion of the
    19  commission has the ability to control the applicant, or whom the
    20  commission may consider appropriate for approval or
    21  qualification, would, but for residence, individually be
    22  qualified for approval as a casino key employee pursuant to the
    23  provisions of this act.
    24  Section 507.  Casino license; disqualification criteria.
    25     The commission shall deny a casino license to any applicant
    26  who is disqualified on the basis of any of the following
    27  criteria:
    28         (1)  Failure of the applicant to prove by clear and
    29     convincing evidence that the applicant is qualified in
    30     accordance with the provisions of this act.
    19790S0318B0322                 - 57 -

     1         (2)  Failure of the applicant to provide information,
     2     documentation and assurances required by the act or requested
     3     by the commission, or failure of the applicant to reveal any
     4     fact material to qualification, or the supplying of
     5     information which is untrue or misleading as to a material
     6     fact pertaining to the qualification criteria.
     7         (3)  The conviction of the applicant or of any person
     8     required to be qualified under this act as a condition of any
     9     offense in any jurisdiction which would be under Pennsylvania
    10     law at the time of application a capital offense, a felony, a
    11     misdemeanor involving moral turpitude or any other offense
    12     which indicates that licensure of the applicant would be
    13     inimical to the policy of this act and to casino operations.
    14         (4)  Current prosecution or pending charges in any
    15     jurisdiction of the applicant or of any person who is
    16     required to be qualified under this act as a condition of a
    17     casino license, for any of the offenses enumerated in
    18     subsection (c); provided, however, that at the request of the
    19     applicant or the person charged, the commission shall defer
    20     decision upon such application during the pendency of such
    21     charge.
    22         (5)  The pursuit by the applicant or any person who is
    23     required to be qualified under this act as a condition of a
    24     casino license of economic gain in an occupational manner or
    25     context which is in violation of the criminal or civil public
    26     policies of this Commonwealth, if such pursuit creates a
    27     reasonable belief that the participation of such person in
    28     casino operations would be inimical to the policies of this
    29     act or to legalized gaming in this Commonwealth. For purposes
    30     of this section, occupational manner or context shall be
    19790S0318B0322                 - 58 -

     1     defined as the systematic planning, administration,
     2     management, or execution of an activity for financial gain.
     3         (6)  The identification of the applicant or any person
     4     who is required to be qualified under this act as a condition
     5     of a casino license as a career offender or a member of a
     6     career offender cartel or an associate of a career offender
     7     or career offender cartel in such a manner which creates a
     8     reasonable belief that the association is of such a nature as
     9     to be inimical to the policy of this act and to gaming
    10     operations. For purposes of this section, career offender
    11     shall be defined as any person whose behavior is pursued in
    12     an occupational manner or context for the purpose of economic
    13     gain, utilizing such methods as are deemed criminal
    14     violations of the public policy of this Commonwealth. A
    15     career offender cartel shall be defined as any group of
    16     persons who operate together as career offenders.
    17         (7)  The commission by the applicant or any person who is
    18     required to be qualified under this act as a condition of a
    19     casino license of any act or acts which would constitute any
    20     offense under subsection (c), even if such conduct has not or
    21     may not be prosecuted under the criminal laws of this
    22     Commonwealth.
    23         (8)  Contumacious defiance by the applicant or any person
    24     who is required to be qualified under this act of any
    25     legislative investigatory body or other official
    26     investigatory body of this Commonwealth or of the United
    27     States when such body is engaged in the investigation of
    28     crimes relating to gaming, official corruption, or organized
    29     crime activity.
    30  Section 508.  Investigation of applicants; order approving or
    19790S0318B0322                 - 59 -

     1                denying license.
     2     (a)  Upon the filing of an application and such supplemental
     3  information as the commission may require, the commission shall
     4  request the bureau to conduct such investigation into the
     5  qualification of the applicant, and the commission shall conduct
     6  such hearings concerning the qualification of the applicant in
     7  accordance with its regulations as may be necessary to determine
     8  qualifications for casino license.
     9     (b)  After such investigation, the commission may either deny
    10  the application or grant a casino license to an applicant whom
    11  it determines to be qualified to hold such license.
    12     (c)  The commission shall have the authority to deny any
    13  application pursuant to the provisions of this act. When an
    14  application is denied, the commission shall prepare and file an
    15  order denying such application with the general reasons
    16  therefor, and if requested by the applicant, shall further
    17  prepare and file a statement of the reasons for the denial,
    18  including the specific findings of facts.
    19     (d)  After an application is submitted to the commission,
    20  final action of the commission shall be taken within 90 days
    21  after completion of all hearings and investigations and the
    22  receipt of all information required by the commission.
    23     (e)  If satisfied that an applicant is qualified to receive a
    24  casino license, and upon tender of all license fees and taxes as
    25  required by law and regulations of the commission, and such
    26  bonds as the commission may require for the faithful performance
    27  of all requirements imposed by law or regulations, the
    28  commission shall issue a casino license for the term of one
    29  year.
    30     (f)  The commission shall fix the amount of the bond or bonds
    19790S0318B0322                 - 60 -

     1  to be required under this section in such amounts as it may deem
     2  appropriate, by rules of uniform application. The bond so
     3  furnished may be applied by the commission to the payment of any
     4  unpaid liability of the licensee under this act. The bond shall
     5  be furnished in cash or negotiable securities, by a surety bond
     6  guaranteed by a satisfactory guarantor, or by an irrevocable
     7  letter of credit issued by a banking institution of the
     8  Commonwealth acceptable to the commission. If furnished in cash
     9  or negotiable securities, the principal shall be placed without
    10  restriction at the disposal of the commission, but any income
    11  shall inure to the benefit of the licensee.
    12     (g)  No more than one casino license may be issued with
    13  respect to any approved hotel, except that in the case of any
    14  lease agreement or management contract approved in accordance
    15  with the provisions of this act, each party to such agreement or
    16  contract may be issued a casino license.
    17  Section 509.  Renewal of casino licenses.
    18     (a)  Subject to the power of the commission to deny, revoke,
    19  or suspend licenses, any casino license in force shall be
    20  renewed by the commission for the next succeeding license period
    21  upon proper application for renewal and payment of license fees
    22  and taxes as required by law and the regulations of the
    23  commission. The commission shall act upon any such application
    24  no later than 30 days prior to the date of expiration of the
    25  current license.
    26     (b)  Application for renewal shall be filed with the
    27  commission no later than 90 days prior to the expiration of the
    28  current license, and all license fees and taxes as required by
    29  law shall be paid to the commission on or before the date of
    30  expiration of the current license.
    19790S0318B0322                 - 61 -

     1     (c)  Upon renewal of any license the commission shall issue
     2  an appropriate renewal certificate or validating device or
     3  sticker which shall be attached to each casino license.
     4  Section 510.  Licensing of casino key employees.
     5     (a)  No person may be employed as a casino key employee
     6  unless he is the holder of a valid casino key employee license
     7  issued by the commission.
     8     (b)  Each applicant must, prior to the issuance of any casino
     9  key employee license, produce information, documentation and
    10  assurances concerning the following qualification criteria:
    11         (1)  Each applicant for a casino key employee license
    12     shall produce such information, documentation and assurances
    13     as may be required to establish by clear and convincing
    14     evidence the financial stability, integrity and
    15     responsibility of the applicant, including but not limited to
    16     bank references, business and personal income and
    17     disbursement schedules, tax returns and other reports filed
    18     with governmental agencies, and business and personal
    19     accounting and check records and ledgers. In addition, each
    20     applicant shall, in writing, authorize the examination of all
    21     bank accounts and records as may be deemed necessary by the
    22     commission or the division.
    23         (2)  Each applicant for a casino key employee license
    24     shall produce such information, documentation and assurances
    25     as may be required to establish by clear and convincing
    26     evidence the applicant's reputation for good character,
    27     honesty and integrity. Such information shall include,
    28     without limitation, data pertaining to family, habits,
    29     character, criminal and arrest record, business activities,
    30     financial affairs, and business, professional and personal
    19790S0318B0322                 - 62 -

     1     associates, covering at least the ten-year period immediately
     2     preceding the filing of the application. Each applicant shall
     3     notify the commission of any civil judgments obtained against
     4     such applicant pertaining to antitrust or security regulation
     5     laws of the Federal Government, of this Commonwealth or of
     6     any state, jurisdiction, province or country. In addition,
     7     each applicant shall produce letters of reference from law
     8     enforcement agencies having jurisdiction in the applicant's
     9     place of residence and principal place of business, which
    10     letters of reference shall indicate that such law enforcement
    11     agencies do not have any pertinent information concerning the
    12     applicant, or if such law enforcement agency does have
    13     information pertaining to the applicant, shall specify what
    14     that information is. If the applicant has been associated
    15     with gaming or casino operations in any capacity, position or
    16     employment in a jurisdiction which permits such activity, the
    17     applicant shall produce letters of reference from the gaming
    18     or casino enforcement or control agency which shall specify
    19     the experiences of such agency with the applicant, his
    20     associates and his participation in the gaming operations of
    21     that jurisdiction; provided, however, that if no such letters
    22     are received within 60 days of request therefor, the
    23     applicant may submit a statement under oath that he is or was
    24     during the period such activities were conducted in good
    25     standing with such gaming or casino enforcement or control
    26     agency.
    27         (3)  Each applicant shall produce such information,
    28     documentation and assurances as may be required to establish
    29     by clear and convincing evidence that the applicant has
    30     sufficient business ability and casino experience as to
    19790S0318B0322                 - 63 -

     1     establish the reasonable likelihood of success and efficiency
     2     in the particular position involved.
     3         (4)  Each applicant shall be a resident of the
     4     Commonwealth of Pennsylvania prior to the issuance of a
     5     casino key employee license.
     6     (c)  The commission shall endorse upon any license issued
     7  hereunder the particular positions as defined by this act or by
     8  regulation which the licensee is qualified to hold.
     9     (d)  The commission shall deny a casino key employee license
    10  to any applicant who is disqualified on the basis of the
    11  criteria contained in this chapter.
    12  Section 511.  Licensing of casino employees.
    13     (a)  No person may commence employment as a casino employee
    14  unless he is the holder of a valid casino employee license
    15  issued by the commission.
    16     (b)  Any applicant for a casino employee license must, prior
    17  to the issuance of any such license, produce sufficient
    18  information, documentation and assurances to meet the
    19  qualification criteria, including Pennsylvania residency,
    20  contained in section 510(b); except that the standards for
    21  business ability and casino experience may be satisfied by a
    22  showing of casino job experience and knowledge of the provisions
    23  of this act and regulations pertaining to the particular
    24  position involved, or by successful completion of a course of
    25  study at a licensed school in an approved curriculum.
    26     (c)  The commission shall endorse upon any license issued
    27  hereunder the particular positions as defined by regulation
    28  which the licensee is qualified to hold.
    29     (d)  The commission shall deny a casino employee license to
    30  any applicant who is disqualified on the basis of the criteria
    19790S0318B0322                 - 64 -

     1  contained in this chapter.
     2     (e)  For purposes of this section, casino security employees
     3  shall be considered casino employees and must, in addition to
     4  any requirements under other laws, be licensed in accordance
     5  with the provisions of this act.
     6  Section 512.  Casino hotel employee licenses.
     7     (a)  No person may commence employment as a casino hotel
     8  employee unless he is the holder of a valid casino hotel
     9  employee license issued by the chairman.
    10     (b)  Any applicant for a casino hotel employee license must,
    11  prior to the issuance of any such license, produce sufficient
    12  information, documentation and assurances to meet the
    13  qualification criteria, including Pennsylvania residency,
    14  contained in section 510(b)(1), (b)(2) and (b)(4). No casino
    15  hotel employee license shall be issued to any person
    16  disqualified on the basis of the criteria contained in this
    17  chapter.
    18     (c)  Notwithstanding the provisions of subsection (b), no
    19  applicant shall be denied a casino hotel employee license on the
    20  basis of a conviction of any of the offenses enumerated in this
    21  act as disqualification criteria, provided that the applicant
    22  has demonstrated his rehabilitation or can produce a certificate
    23  of rehabilitation, or that the offense for which the applicant
    24  has been convicted is not reasonably related to the duties for
    25  which the applicant will be employed in the casino hotel.
    26     (d)  The commission may waive any disqualification criterion
    27  for a casino hotel employee consistent with the public policy of
    28  this act and upon a finding that the interests of justice so
    29  require.
    30     (e)  A temporary license of five days duration may be issued
    19790S0318B0322                 - 65 -

     1  by the chairman if in his judgment the issuance of a permanent
     2  license will be restricted by necessary investigations and said
     3  temporary licensing of the applicant is necessary for the
     4  continuing operations of the hotel.
     5  Section 513.  Licensing and registration of casino service
     6                industries.
     7     (a)  All casino service industries offering goods or services
     8  on a regular basis which directly relate to casino or gaming
     9  activity, including gaming equipment manufacturers, suppliers
    10  and repairers, schools teaching gaming and either playing or
    11  dealing techniques, and casino security services, shall be
    12  licensed in accordance with the provisions of this act prior to
    13  conducting any business whatsoever with a casino licensee, its
    14  employees or agents, and in the case of a school, prior to
    15  enrollment of any students or offering of any courses to the
    16  public whether for compensation or not.
    17     (b)  Each casino service industry in subsection (a), as well
    18  as its owners, management and supervisory personnel and other
    19  principal employees must qualify under the standards, except
    20  residency, established for qualification of a casino key
    21  employee under this act. In addition, if the business or
    22  enterprise is a school teaching gaming and either playing or
    23  dealing techniques, each employee of such school must qualify
    24  under the standards established for qualification of a casino
    25  employee under this act; provided, however, that nothing in this
    26  subsection shall be deemed to require, in the case of a public
    27  school district or a public institution of higher education, the
    28  licensure or qualification of any individuals except those
    29  instructors and other principal employees responsible for the
    30  teaching of playing or dealing techniques.
    19790S0318B0322                 - 66 -

     1     (c)  All casino service industries not included in subsection
     2  (a) shall be licensed in accordance with rules of the commission
     3  prior to commencement or continuation of any business with a
     4  casino licensee or its agents. Such casino service industries,
     5  whether or not directly related to gaming operations, shall
     6  include suppliers of alcoholic beverages, food and nonalcoholic
     7  beverages; garbage handlers; vending machine providers; linen
     8  suppliers; maintenance companies; shopkeepers located within the
     9  approved hotel; and limousine services contracting with casino
    10  licensees. The commission may exempt any person or field of
    11  commerce from the licensing requirements of this subsection if
    12  it finds that such person or field of commerce is regulated by a
    13  public agency and that licensure is not necessary to protect the
    14  public interest or to accomplish the policies established by
    15  this act.
    16     (d)  Licensure pursuant to subsection (c) of any casino
    17  service industry may be denied to any applicant disqualified in
    18  accordance with the criteria contained in this chapter.
    19  Section 514.  Registration of labor organizations.
    20     (a)  Each labor organization, union or affiliate seeking to
    21  represent employees licensed under this act and employed by a
    22  casino hotel or a casino licensee shall register with the
    23  commission annually, and shall disclose such information to the
    24  commission as the commission may require, including the names of
    25  all affiliated organizations, pension and welfare systems and
    26  all officers and agents of such organizations and systems;
    27  provided, however, that no labor organization, union, or
    28  affiliate shall be required to furnish such information to the
    29  extent such information is included in a report filed by any
    30  labor organization, union, or affiliate with the Secretary of
    19790S0318B0322                 - 67 -

     1  Labor pursuant to 29 U.S.C. §§ 431 et seq. (relating to
     2  reporting by labor organizations, officers and employees of
     3  labor organizations, and employers) or 1001 et seq. (relating to
     4  protection of employee benefit rights) if a copy of such report,
     5  or of the portion thereof containing such information, is
     6  furnished to the commission pursuant to the aforesaid Federal
     7  provisions. The commission may in its discretion exempt any
     8  labor organization, union, or affiliate from the registration
     9  requirements of this subsection where the commission finds that
    10  such organization, union or affiliate is not the certified
    11  bargaining representative of any employee licensed under this
    12  act, is not involved actively, directly or substantially in the
    13  control or direction of the representation of any such employee,
    14  and is not seeking to do so.
    15     (b)  No labor organization, union or affiliate registered or
    16  required to be registered pursuant to this section and
    17  representing or seeking to represent employees licensed under
    18  this act may receive any dues from any employee licensed under
    19  this act and employed by a casino licensee or its agent, or
    20  administer any pension or welfare funds, if any officer, agent,
    21  or principal employee of the labor organization, union or
    22  affiliate is disqualified in accordance with the criteria
    23  contained in this chapter. The commission may for the purposes
    24  of this subsection waive any disqualification criterion
    25  consistent with the public policy of this act and upon a finding
    26  that the interests of justice so require.
    27     (c)  Neither a labor organization, union or affiliate nor its
    28  officers and agents not otherwise individually licensed under
    29  this act and employed by a casino licensee may hold any
    30  financial interest whatsoever in the casino hotel or casino
    19790S0318B0322                 - 68 -

     1  licensee whose employees they represent.
     2  Section 515.  Approval and denial of registrations and licenses
     3                other than casino licenses.
     4     (a)  Upon the filing of an application for any license or
     5  registration required by this act other than a casino license,
     6  and after submission of such supplemental information as the
     7  commission may require, the commission shall request the bureau
     8  to conduct such investigation into the qualification of the
     9  applicant, and the commission shall conduct such hearings
    10  concerning the qualification of the applicant in accordance with
    11  its regulations as may be necessary to determine qualification
    12  for such license or registration.
    13     (b)  After such investigation, the commission may either deny
    14  the application or grant a license to or accept the registration
    15  of an applicant whom it determines to be qualified to hold such
    16  license or registration. Notwithstanding the above, the chairman
    17  may grant a casino hotel employee license upon application
    18  therefor; if said application is denied, the applicant may
    19  appeal to the commission in the normal course.
    20     (c)  The commission shall have the authority to deny any
    21  application pursuant to the provisions of this act. When an
    22  application is denied, the commission shall prepare and file its
    23  order denying such application with the general reasons
    24  therefor, and if requested by the applicant, shall further
    25  prepare and file a statement of the reasons for the denial,
    26  including the specific findings of facts.
    27     (d)  When the commission grants an application, the
    28  commission may limit or place such restrictions thereupon as it
    29  may deem necessary in the public interest. Licenses shall be
    30  granted and registrations approved for a term of one year.
    19790S0318B0322                 - 69 -

     1     (e)  After an application is submitted to the commission,
     2  final action of the commission shall be taken within 90 days
     3  after completion of all hearings and investigations and the
     4  receipt of all information required by the commission.
     5  Section 516.  Renewal of licenses and registrations.
     6     Subject to the power of the commission to deny, revoke or
     7  suspend any license or registration, any license other than a
     8  casino license or any registration may be renewed upon proper
     9  application for renewal no later than 90 days prior to the
    10  expiration of the current license or registration, and the
    11  payment of fees as provided by law on or before the date of
    12  expiration of the current license or registration. The
    13  commission shall act upon such application for renewal no later
    14  than 30 days prior to the date of expiration of the current
    15  license or registration.
    16                             CHAPTER 6
    17                      CONDITIONS OF OPERATION
    18  Section 601.  Operation certificate.
    19     (a)  Notwithstanding the issuance of a license therefor, no
    20  casino may be opened or remain open to the public, and no gaming
    21  activity, except for test purposes, may be conducted therein,
    22  unless and until a valid operation certificate has been issued
    23  to the casino licensee by the commission. Such certificate shall
    24  be issued by the commission upon a finding that a casino
    25  complies in all respects with the requirements of this act and
    26  regulations promulgated hereunder, that the casino licensee has
    27  implemented necessary management controls and security
    28  precautions, that casino personnel are properly trained and
    29  licensed for their respective responsibilities, and that the
    30  casino is prepared in all respects to receive the public.
    19790S0318B0322                 - 70 -

     1     (b)  The operation certificate shall include a statement of
     2  compliance with subsection (a) and an itemized list by category
     3  and number of the authorized games permitted in the particular
     4  casino establishment.
     5     (c)  A casino licensee shall notify the commission 30 days in
     6  advance of any proposed change in the number of authorized games
     7  to be played in a particular casino, and shall request the
     8  issuance of an operation certificate which permits such changes
     9  to occur. The commission shall issue a revised operation
    10  certificate unless it finds that the planned change in
    11  authorized games does not conform to the requirements of this
    12  act or regulations promulgated hereunder, or that there has been
    13  a change of circumstances in the casino or with respect to the
    14  casino licensee materially affecting compliance with subsection
    15  (a).
    16     (d)  An operation certificate shall remain in force and
    17  effect unless altered in accordance with subsection (c), or
    18  revoked, suspended, limited or otherwise altered by the
    19  commission in accordance with this act.
    20     (e)  It shall be an express condition of continued operation
    21  under this act that a casino licensee shall maintain all books,
    22  records, and documents pertaining to the licensee's operations
    23  on the licensed premises immediately available for inspection
    24  during all hours of operation. All such books, records, and
    25  documents shall be maintained for a period of not less than
    26  seven years.
    27  Section 602.  Hours of operation.
    28     (a)  No casino licensed pursuant to this act shall operate
    29  between the hours of 6 a.m. and 10 a.m. on Saturdays, Sundays
    30  and State and Federal holidays, or between the hours of 4 a.m.
    19790S0318B0322                 - 71 -

     1  and 10 a.m. on all other days.
     2     (b)  A casino licensee shall file with the commission a
     3  schedule of hours prior to the issuance of an initial operation
     4  certificate. If the casino licensee proposes any change in
     5  scheduled hours, such change may not be effected until such
     6  licensee files a notice of the new schedule of hours with the
     7  commission. Such filing must be made 30 days prior to the
     8  effective date of the proposed change in hours.
     9     (c)  Nothing herein shall be construed to limit a casino
    10  licensee in opening its casino later than, or closing its casino
    11  earlier than, the times stated in its schedule of operating
    12  hours; provided, however, that any such alterations in its hours
    13  shall comply with the provisions of subsection (a) and with
    14  regulations of the commission pertaining to such alterations.
    15  Section 603.  Casino facility requirements.
    16     (a)  Each casino licensee shall arrange the facilities of its
    17  casino in such a manner as to promote maximum comfort for the
    18  patrons and optimum security for the casino operation, and shall
    19  comply in all respects with regulations of the commission
    20  pertaining thereto.
    21     (b)  Each casino licensee shall:
    22         (1)  Install a closed circuit television system according
    23     to specifications approved by the commission, and provide
    24     access on the licensed premises to the system or its signal
    25     by the commission or the division, in accordance with
    26     regulations pertaining thereto.
    27         (2)  Provide exterior public entrances to a casino only
    28     through an enclosed lobby or receiving foyer of not less than
    29     400 square feet; provided, however, that nothing herein shall
    30     limit the number of such entrances to a casino.
    19790S0318B0322                 - 72 -

     1         (3)  Establish a single room of at least 15,000 square
     2     feet as its casino, and provide that visibility between any
     3     two areas in the casino, whether or not contiguous, may not
     4     be obstructed by partitions of any kind which cover more than
     5     50% of the structural opening; provided, however, that multi-
     6     level casinos otherwise complying with this subsection shall
     7     be permitted.
     8         (4)  Not permit the interior of the casino to be visible
     9     from outside the casino hotel facility.
    10         (5)  Not be entitled to have considered any meeting space
    11     and restaurant, entertainment, and sports space which has
    12     direct public access only through the casino as counting
    13     toward the minimum ancillary space requirements of section
    14     504.
    15  Section 604.  Internal controls.
    16     (a)  Each casino licensee shall submit to the commission a
    17  description of its system of internal procedures and
    18  administrative and accounting controls. Such submission shall be
    19  made at least 90 days before gaming operations are to commence
    20  or before changes in previously submitted control plans are to
    21  become effective, unless otherwise directed by the commission.
    22  Each such submission shall contain both narrative and
    23  diagrammatic representations of the internal control system to
    24  be utilized by the casino, including, but not limited to:
    25         (1)  Accounting control, including the standardization of
    26     forms and definition of terms to be utilized in the gaming
    27     operations.
    28         (2)  Procedures, forms, and, where appropriate, formulas
    29     covering the calculation of hold percentages, revenue drop,
    30     expense and overhead schedules, complimentary services,
    19790S0318B0322                 - 73 -

     1     junkets, cash equivalent transactions, salary structure and
     2     personnel practices.
     3         (3)  Job descriptions and the system of personnel and
     4     chain-of-command, establishing a diversity of responsibility
     5     among employees engaged in casino operations and identifying
     6     primary and secondary supervisory positions for areas of
     7     responsibility, which areas shall not be so extensive as to
     8     be impractical for an individual to monitor.
     9         (4)  Procedures within the cashier's cage for the
    10     receipt, storage and disbursal of chips and cash; the cashing
    11     of checks; the redemption of chips; the pay-off of jackpots;
    12     and the recording of transactions pertaining to gaming
    13     operations.
    14         (5)  Procedures for the collection and security of moneys
    15     at the gaming tables.
    16         (6)  Procedures for the transfer and recordation of chips
    17     between the gaming tables and the cashier's cage.
    18         (7)  Procedures for the transfer of moneys from the
    19     gaming tables to the counting process.
    20         (8)  Procedures and security for the counting and
    21     recordation of revenue.
    22         (9)  Procedures for the security, storage and recordation
    23     of chips utilized in the gaming operation.
    24         (10)  Procedures for the transfer of moneys or chips from
    25     and to the slot machines.
    26         (11)  Procedures and standards for the opening and
    27     security of slot machines.
    28         (12)  Procedures for the payment and recordation of slot
    29     machine jackpots.
    30         (13)  Procedures for the cashing and recordation of
    19790S0318B0322                 - 74 -

     1     checks exchanged by casino patrons.
     2         (14)  Procedures governing the utilization of the private
     3     security force within the casino.
     4         (15)  Procedures and security standards for the handling
     5     and storage of gaming apparatus including cards, dice,
     6     machines, wheels and all other gaming equipment.
     7         (16)  Procedures and rules governing the conduct of
     8     particular games and the responsibility of casino personnel
     9     in respect thereto.
    10     (b)  The commission shall review each submission required by
    11  subsection (a) hereof, and shall determine whether it conforms
    12  to the requirements of this act and to the regulations
    13  promulgated thereunder and whether the system submitted provides
    14  adequate and effective controls for the operations of the
    15  particular casino submitting it. If the commission finds any
    16  insufficiencies, it shall specify same in writing to the casino
    17  licensee, who shall make appropriate alterations. When the
    18  commission determines a submission to be adequate in all
    19  respects, it shall notify the casino licensee of same. No casino
    20  licensee shall commence gaming operations, or alter in fact its
    21  internal controls, unless and until such system of controls is
    22  approved by the commission.
    23  Section 605.  Games and gaming equipment.
    24     (a)  This act shall not be construed to permit any gaming
    25  except the conduct of authorized games in a casino room in
    26  accordance with this act and the regulations promulgated
    27  hereunder.
    28     (b)  Gaming equipment shall not be possessed, maintained or
    29  exhibited by any person on the premises of a casino hotel
    30  complex except in the casino room and in secure areas used for
    19790S0318B0322                 - 75 -

     1  the inspection, repair or storage of such equipment and
     2  specifically designated for that purpose by the casino licensee
     3  with the approval of the commission. No gaming equipment shall
     4  be possessed, maintained, exhibited, brought into or removed
     5  from a casino room by any person unless such equipment is
     6  necessary to the conduct of an authorized game, has permanently
     7  affixed, imprinted, impressed or engraved thereon an
     8  identification number or symbol authorized by the commission, is
     9  under the exclusive control of a casino licensee or his
    10  employees, and is brought into or removed from the casino room
    11  at times authorized for that purpose by the commission or at
    12  other times when prior notice has been given to and written
    13  approval granted by an authorized agent of the commission.
    14     (c)  Each casino hotel shall contain a count room and such
    15  other secure facilities as may be required by the commission for
    16  the counting and storage of cash, coin, tokens and checks
    17  received in the conduct of gaming and for the inspection,
    18  counting and storage of dice, cards, chips and other
    19  representatives of value. All drop boxes and other devices
    20  wherein cash, coins, or tokens are deposited at the gaming
    21  tables or in slot machines, and all areas wherein such boxes and
    22  devices are kept while in use, shall be equipped with two
    23  locking devices, one key to which shall be under the exclusive
    24  control of the commission and the other under the exclusive
    25  control of the casino licensee, and said drop boxes and other
    26  devices shall not be brought into or removed from the casino
    27  room, or locked or unlocked, except at such times, in such
    28  places, and according to such procedures as the commission may
    29  require.
    30     (d)  All chips used in gaming at all casinos shall be of such
    19790S0318B0322                 - 76 -

     1  size and uniform color by denomination as the commission shall
     2  require by regulation.
     3     (e)  All gaming shall be conducted according to rules
     4  promulgated by the commission. All wagers and pay-offs of
     5  winning wagers at table games shall be made according to rules
     6  promulgated by the commission, which shall establish such
     7  minimum wagers and other limitations as may be necessary to
     8  assure the vitality of casino operations and fair odds to and
     9  maximum participation by casino patrons; provided, however, that
    10  a licensee may establish a higher minimum wager with the prior
    11  approval of the commission. Each slot machine shall have a
    12  minimum payout of 83%.
    13     (f)  Each casino licensee shall make available in printed
    14  form to any casino patron upon request the complete text of the
    15  rules of the commission regarding games and the conduct of
    16  gaming, pay-offs of winning wagers, an approximation of the odds
    17  of winning for each wager, and such other advice to the player
    18  as the commission shall require. Each casino licensee shall
    19  prominently post within the casino room according to regulations
    20  of the commission such information about gaming rules, pay-offs
    21  of winning wagers, the odds of winning for each wager, and such
    22  other advice to the player as the commission shall require.
    23     (g)  Each gaming table shall be equipped with a sign
    24  indicating the permissible minimum and maximum wagers pertaining
    25  thereto. It shall be unlawful to conduct gaming activity at any
    26  table in any manner inconsistent with the information stated
    27  upon the signs required by this subsection.
    28     (h)  No slot machine shall be used to conduct gaming unless
    29  it is identical in all electrical, mechanical and other aspects
    30  to a model thereof which has been specifically tested by the
    19790S0318B0322                 - 77 -

     1  division and licensed for use by the commission. The commission
     2  shall, by regulation, establish such technical standards for
     3  licensure, including mechanical and electrical reliability,
     4  security against tampering, the comprehensibility of wagering,
     5  and noise and light levels, as it may deem necessary to protect
     6  the player from fraud or deception and to insure the integrity
     7  of gaming. In no event shall slot machines, including walkways
     8  between them, occupy more than 30% of the first 50,000 square
     9  feet of floor space of a casino, or more than 25% of any
    10  additional floor space of a casino larger than 50,000 square
    11  feet. The commission shall, by regulation, determine the
    12  permissible density of particular licensed slot machines or
    13  combinations thereof, based upon their size and light and noise
    14  levels, so as to create and maintain a gracious playing
    15  environment in the casino and to avoid deception or frequent
    16  distraction to players at gaming tables. The denominations of
    17  such machines shall be set by the licensee, subject to the prior
    18  approval of the commission.
    19     (i)  Each casino shall be arranged in such fashion as to
    20  allow floor space for each gaming table, including the space
    21  occupied by the table, in accordance with the following:
    22         Baccarat--300 square feet.
    23         Blackjack--100 square feet.
    24         Craps--200 square feet.
    25         Roulette--150 square feet.
    26         Big Six Wheel--150 square feet.
    27     (j)  Each casino shall be arranged in such fashion as to
    28  assure that gaming tables shall at all times be present:
    29         (1)  At least one baccarat table for every 5,000 square
    30     feet of casino space or part thereof.
    19790S0318B0322                 - 78 -

     1         (2)  At least one craps table for every 1,000 square feet
     2     of casino space or part thereof.
     3         (3)  At least one roulette table for every 1,000 square
     4     feet of casino space or part thereof.
     5         (4)  At least four blackjack tables for every 1,000
     6     square feet of casino space or part thereof.
     7         (5)  No more than one Big Six Wheel and table for every
     8     1,000 square feet of casino space or part thereof.
     9     (k)  It shall be unlawful for any person to exchange or
    10  redeem chips for anything whatsoever, except currency,
    11  negotiable personal checks, negotiable counter checks or other
    12  chips. A casino licensee shall, upon the request of any person,
    13  redeem that licensee's gaming chips surrendered by that person
    14  in any amount over $25 with a check drawn upon the licensee's
    15  account at any banking institution in this Commonwealth and made
    16  payable to that person.
    17     (l)  It shall be unlawful for any casino licensee or his
    18  agents or employees to employ, contract with, or use any shill
    19  or barker to induce any person to enter a casino or play at any
    20  game or for any purpose whatsoever.
    21     (m)  It shall be unlawful for a dealer in any authorized game
    22  in which cards are dealt to deal cards by hand or other than
    23  from a device specifically designed for that purpose.
    24     (n)  It shall be unlawful for any casino key employee, other
    25  than a junket representative, or any casino employee, other than
    26  a bartender, waiter, waitress, or other casino employee who in
    27  the judgment of the commission is not directly involved with the
    28  conduct of gaming operations, to wager at any game in any casino
    29  in this Commonwealth.
    30     (o)  It shall be unlawful for any casino key employee or
    19790S0318B0322                 - 79 -

     1  boxman, floorman, or any other casino employee who shall serve
     2  in a supervisory position to solicit or accept, and for any
     3  other casino employee to solicit, any tip or gratuity from any
     4  player or patron at the casino where he is employed.
     5     (p)  A dealer may accept tips or gratuities from a patron at
     6  the table at which such dealer is conducting play, subject to
     7  the provisions of this subsection. All such tips or gratuities
     8  shall be immediately deposited in a lock box reserved for that
     9  purpose accounted for, and placed in a pool for distribution pro
    10  rata among the dealers on a weekly basis, with the distribution
    11  based upon the number of hours each dealer has worked.
    12  Section 606.  Credit.
    13     (a)  Except as otherwise provided in this section, no casino
    14  licensee or any person licensed under this act, and no person
    15  acting on behalf of or under any arrangement with a casino
    16  licensee or other person licensed under this act, shall:
    17         (1)  Cash any check, make any loan, or otherwise provide
    18     or allow to any person any credit or advance of anything of
    19     value or which represents value to enable any person to take
    20     part in gaming activity as a player; or
    21         (2)  Release or discharge any debt, either in whole or in
    22     part, or make any loan which represents any losses incurred
    23     by any player in gaming activity without maintaining a
    24     written record thereof in accordance with the rules of the
    25     commission.
    26     (b)  No casino licensee or any person licensed under this
    27  act, and no person acting on behalf of or under any arrangement
    28  with a casino licensee or other person licensed under this act,
    29  may accept a check, other than a recognized traveler's check or
    30  other cash equivalent, from any person to enable such person to
    19790S0318B0322                 - 80 -

     1  take part in gaming activity as a player, or may give cash or
     2  cash equivalents in exchange for such check unless:
     3         (1)  The check is made payable to the casino licensee.
     4         (2)  The check is dated, but not postdated.
     5         (3)  The check is presented to the cashier or his
     6     representative and is exchanged only for a credit slip or
     7     slips which total an amount equal to the amount for which the
     8     check is drawn, which slip or slips may be presented for
     9     chips at a gaming table.
    10         (4)  The regulations concerning check cashing procedures
    11     are observed by the casino licensee and its employees and
    12     agents.
    13  Nothing in this subsection shall be deemed to preclude the
    14  establishment of an account by any person with a casino licensee
    15  by a deposit of cash or recognized traveler's check or other
    16  cash equivalent, or to preclude the withdrawal, either in whole
    17  or in part, of any amount contained in such account.
    18     (c)  When a casino licensee or other person licensed under
    19  this act, or any person acting on behalf of or under any
    20  arrangement with a casino licensee or other person licensed
    21  under this act, cashes a check in conformity with the
    22  requirements of subsection (b), the casino licensee shall cause
    23  the deposit of such check in a bank for collection or payment
    24  within seven banking days of the date of the transaction for a
    25  check in an amount less than $1,000; 14 banking days of the date
    26  of the transaction for a check of at least $1,000 but less than
    27  $2,500; or 90 banking days of the date of the transaction for a
    28  check of $2,500 or more. Notwithstanding the foregoing, the
    29  drawer of the check may redeem the check by exchanging cash or
    30  chips in an amount equal to the amount for which the check is
    19790S0318B0322                 - 81 -

     1  drawn; or he may redeem the check in part by exchanging cash or
     2  chips and another check which meets the requirements of
     3  subsection (b) for the difference between the original check and
     4  the cash or chips tendered; or he may issue one check which
     5  meets the requirements of subsection (b) in an amount sufficient
     6  to redeem two or more checks drawn to the order of the casino
     7  licensee. If there has been a partial redemption or a
     8  consolidation in conformity with the provisions of this
     9  subsection, the newly issued check shall be delivered to a bank
    10  for collection or payment within the period herein specified. No
    11  casino licensee or any person licensed under this act, and no
    12  person acting on behalf of or under any arrangement with a
    13  casino licensee or other person licensed under this act shall
    14  accept any check or series of checks in redemption or
    15  consolidation of another check or checks in accordance with this
    16  subsection for the purpose of avoiding or delaying the deposit
    17  of a check in a bank for collection or payment within the time
    18  period prescribed by this subsection.
    19     (d)  No casino licensee or any other person licensed under
    20  this act, or any other person acting on behalf of or under any
    21  arrangement with a casino licensee or other person licensed
    22  under this act, shall transfer, convey, or give, with or without
    23  consideration, a check cashed in conformity with the
    24  requirements of this section to any person other than:
    25         (1)  The drawer of the check upon redemption or
    26     consolidation in accordance with subsection (c).
    27         (2)  A bank for collection or payment of the check.
    28         (3)  A purchaser of the casino license as approved by the
    29     commission.
    30  The limitation on transferability of checks imposed herein shall
    19790S0318B0322                 - 82 -

     1  apply to checks returned by any bank to the casino licensee
     2  without full and final payment.
     3     (e)  No person other than one licensed as a casino key
     4  employee or as a casino employee may engage in efforts to
     5  collect upon checks that have been returned by banks without
     6  full and final payment, except that an attorney-at-law
     7  representing a casino licensee may bring action for such
     8  collection.
     9     (f)  Notwithstanding the provisions of any law to the
    10  contrary, checks cashed in conformity with the requirements of
    11  this act shall be valid instruments, enforceable at law in the
    12  courts of this Commonwealth. Any check cashed, transferred,
    13  conveyed or given in violation of this act shall be invalid and
    14  unenforceable.
    15  Section 607.  Junkets; complimentary services.
    16     (a)  No junkets may be organized or permitted except in
    17  accordance with the provisions of this act. No person may act as
    18  a junket representative except in accordance with this section.
    19  For purposes of this section, the term "junket representative"
    20  shall mean any person who is responsible for or directly engaged
    21  in the creation, organization, or operation of a junket,
    22  regardless of whether or not such junket is engaged in or
    23  organized with the Commonwealth.
    24     (b)  A junket representative shall be licensed as a casino
    25  key employee in accordance with the provisions of this act;
    26  provided, however, that said licensee need not be a resident of
    27  this Commonwealth. No casino licensee may employe or otherwise
    28  engage a junket representative who is not so licensed.
    29     (c)  A casino licensee shall be responsible for the conduct
    30  of any junket representative associated with it and for the
    19790S0318B0322                 - 83 -

     1  terms and conditions of any junket engaged in on its premises,
     2  regardless of the employment status of any junket representative
     3  associated therewith.
     4     (d)  Each casino licensee shall either:
     5         (1)  Submit to the commission, in accordance with its
     6     rules, a report in advance of any junket which shall include
     7     the names of the participants, the terms of the junket, the
     8     origin and dates of the junket, and such other information as
     9     may be required by the commission, including, without
    10     limitation, acknowledgments by the participants that they
    11     understand the terms of the particular junket.
    12         (2)  Submit to the commission, in accordance with its
    13     rules, proposals for junkets, which proposals may be approved
    14     by the commission for continued use upon the condition that
    15     no material aspect of any proposal with be changed except as
    16     to participants and that quarterly reports regarding such
    17     junkets shall be submitted to the commission, including such
    18     information as it may required.
    19     (e)  A casino licensee shall be responsible for any violation
    20  or deviation from the terms of a junket. Notwithstanding any
    21  other provisions of this act, the commission may, after hearings
    22  in accordance with this act, order restitution to junket
    23  participants, assess penalties for such violations or
    24  deviations, prohibit future junkets by the casino licensee or
    25  junket representatives, and order such further relief as it
    26  deems appropriate.
    27     (f)  Each casino licensee shall maintain a regulated
    28  complimentary service account and shall submit a quarterly
    29  report to the commission based upon such account and covering
    30  all complimentary services offered or engaged in by the licensee
    19790S0318B0322                 - 84 -

     1  during the immediately preceding quarter. Such reports shall
     2  include identification of the regulated complimentary services
     3  and their respective costs, the number of persons by category of
     4  service who received same, and such other information as the
     5  commission may require.
     6  Section 608.  Alcoholic beverages on casino hotel facilities.
     7     (a)  Notwithstanding any law to the contrary, the authority
     8  to grant any license for, or to permit or prohibit the presence
     9  of, alcoholic beverages in, on, or about any premises licensed
    10  as part of a casino hotel shall exclusively be vested in the
    11  commission.
    12     (b)  Unless otherwise stated, and except where inconsistent
    13  with the purpose or intent of this act or the common
    14  understanding of usage thereof, definitions contained in the
    15  "Liquor Code," as amended, shall apply to this section.
    16     (c)  Notwithstanding any provision of the "Liquor Code," the
    17  rules, regulations and bulletins promulgated by the Pennsylvania
    18  Liquor Control Board, or any provision promulgated by any local
    19  authority, including the authority to issue, renew, transfer,
    20  revoke or suspend any casino hotel alcoholic beverage license or
    21  any portion, location, privilege or condition thereof; to fine
    22  or penalize any casino hotel alcoholic beverage licensee; to
    23  enforce all statutes, laws, rulings, or regulations relating to
    24  such license; and to collect license fees and establish
    25  application standards therefor, shall be, consistent with this
    26  act, exclusively vested in the commission or the bureau.
    27     (d)  Except as otherwise provided in this section, the
    28  provisions of the "Liquor Code," and the rules, regulations and
    29  bulletins promulgated by the Pennsylvania Liquor Control Board
    30  shall apply to any casino hotel and casino hotel alcoholic
    19790S0318B0322                 - 85 -

     1  beverage licensee licensed under this act.
     2     (e)  Notwithstanding any provision to the contrary, the
     3  commission may promulgate any regulations and special rulings
     4  and findings as may be necessary for the proper enforcement,
     5  regulation, and control of alcoholic beverages in casino hotels
     6  when the commission finds that the uniqueness of casino
     7  operations and the public interest require that such
     8  regulations, rulings and findings are appropriate. Regulations
     9  of the commission may include but are not limited to:
    10  designation and duties of enforcement personnel; all forms
    11  necessary or convenient in the administration of this section;
    12  inspections, investigations, searches, seizures; licensing and
    13  disciplinary standards; requirements and standards for any
    14  hearings or disciplinary or other proceedings that may be
    15  required from time to time; the assessment of fines or penalties
    16  for violations; hours of sale; sale in original containers;
    17  sales on credit; out-of-door sales; limitations of sales; gifts
    18  and promotional materials; locations or places for sale; control
    19  of signs and other displays; identification of licensees and
    20  their employees; employment of aliens and minors; storage,
    21  transportation and sanitary requirements; records to be kept by
    22  the casino hotel alcoholic beverage licensees and availability
    23  thereof; practices unduly designed to increase consumption of
    24  alcoholic beverages; and such other matters whatsoever as are or
    25  may become necessary and consistent with the administration of
    26  this act.
    27     (f)  (1)  It shall be unlawful for any casino licensee, or
    28     any of its lessees, agents or employees to expose for sale,
    29     solicit or promote the sale of, possess with intent to sell,
    30     sell, give, dispense, or otherwise transfer or dispose of
    19790S0318B0322                 - 86 -

     1     alcoholic beverages in, on or about any portion of the
     2     premises of a casino hotel, unless said person possesses an
     3     appropriate casino hotel alcoholic beverage license.
     4         (2)  It shall be unlawful for any person issued a casino
     5     hotel alcoholic beverage license to expose, possess, sell,
     6     give, dispense, transfer, or otherwise dispose of alcoholic
     7     beverages, other than within the terms and conditions of the
     8     casino hotel alcoholic beverage license issued, the
     9     provisions of the "Liquor Code," the rules and regulations
    10     promulgated by the Pennsylvania Liquor Control Board, and,
    11     when applicable, the regulations promulgated pursuant to this
    12     act.
    13     (g)  All casino hotel alcoholic beverage licenses shall be
    14  classified as follows:
    15         Class I: Casino License.--The holder of this license
    16     shall be entitled, subject to applicable laws, rules and
    17     regulations, to sell any alcoholic beverage by the glass or
    18     other open receptacle, but not in an original container, for
    19     on-premises consumption within a casino; provided, however,
    20     that no food or alcoholic beverage, other than nonalcoholic
    21     beverages or garnishments used in the preparation of
    22     alcoholic beverages for consumption by the glass, shall be
    23     sold, given or be available for consumption; offered,
    24     delivered or otherwise brought to a patron; or consumed at a
    25     gaming table unless so requested by the patron.
    26         Class II: Cabaret; Entertainment Room License.--The
    27     holder of this license shall be entitled, subject to
    28     applicable laws, rules and regulations, to sell any alcoholic
    29     beverage by the glass or other open receptacle for on-
    30     premises consumption within an enclosed room not in a casino;
    19790S0318B0322                 - 87 -

     1     provided, however, that the Class II licensed room shall
     2     regularly and principally be used for the purpose of
     3     providing live cabaret, show, revue, or performing arts
     4     entertainment available to the public, with or without the
     5     availability of food.
     6         Class III: Restaurant; Banquet Room License.--The holder
     7     of this license shall be entitled, subject to applicable
     8     laws, rules and regulations, to sell any alcoholic beverage
     9     by the glass or other open receptacle for on-premises
    10     consumption within an enclosed room or a series of enclosed
    11     connected rooms, with or without an adjacent outdoor dining
    12     area, not in a casino; provided, however, that the Class III
    13     licensed area shall regularly and principally be used for the
    14     purpose of providing meals to the public and has adequate
    15     kitchen and dining area equipped for the preparing, cooking
    16     and serving of meals for consumption therein; or that the
    17     room or rooms shall regularly and principally be used for the
    18     purpose of banquets or conventions into which food may be
    19     brought or catered. For the purpose of this section, "meals
    20     for consumption" shall be defined as offering of any food
    21     other than sandwiches, salads, crackers, chips, nuts or
    22     similar snacks; and "rooms regularly and principally used for
    23     banquets or conventions" shall be defined as rooms in which
    24     any food other than sandwiches, salads, chips, nuts or
    25     similar snacks is offered for consumption.
    26         Class IV: Pub Area License.--The holder of this license
    27     shall be entitled, subject to applicable laws, rules and
    28     regulations, to sell any alcoholic beverage by the glass or
    29     other open receptacle for on-premises consumption within a
    30     room not in a casino, or from one fixed location outside a
    19790S0318B0322                 - 88 -

     1     building or structure containing a casino but on a casino
     2     hotel premises; provided, however, that the regular and
     3     principal purpose of such facility shall not be for the
     4     consumption of meals by customers or for banquets or
     5     conventions.
     6         Class V: Package License.--The holder of this license
     7     shall be entitled, subject to applicable laws, rules and
     8     regulations, to sell any alcoholic beverage in original
     9     containers for consumption outside the Class V licensed area
    10     from one enclosed room not in a casino; provided, however,
    11     that no food shall be made available for consumption in a
    12     Class V room and no direct access to or from a casino may
    13     exist in a Class V room.
    14         Class VI: Room Service License.--The holder of this
    15     license shall be entitled, subject to applicable laws, rules
    16     and regulations, to sell any alcoholic beverage from one
    17     fixed location within an enclosed room not in a casino;
    18     provided, however, that the Class VI licensed room has no
    19     direct access to or from a casino and any sale of alcoholic
    20     beverages is delivered only to a room and to a registered
    21     quest of the casino hotel and not in or on any area, room or
    22     location licensed under Class I, II, III, IV or V.
    23         Class VII: Storage License.--The holder of any casino
    24     hotel alcoholic beverage license shall be entitled, subject
    25     to applicable laws, rules and regulations, to possess or to
    26     store alcoholic beverages intended but not actually exposed
    27     for sale in an area, room or location so licensed. The holder
    28     of a storage license shall be entitled, subject to applicable
    29     laws, rules and regulations, to store any alcoholic beverage
    30     intended for sale at a fixed enclosed location on a casino
    19790S0318B0322                 - 89 -

     1     hotel premises, not in a casino, and not otherwise licensed
     2     under Class I, II, III, IV, V or VI; and to transfer or
     3     deliver such alcoholic beverages only to a licensed location
     4     for which such licensee is licensed; provided, however, that
     5     no access to or from a Class VII licensed location shall be
     6     permitted except during the normal course of business by
     7     employees or agents of the Class VII licensee, or by licensed
     8     employees or agents of wholesalers or distributors licensed
     9     pursuant to the "Liquor Code" and any applicable rules and
    10     regulations.
    11     (h)  (1)  No Class I casino hotel alcoholic beverage license
    12     shall issue to any applicant who does not hold a casino
    13     license issued pursuant to this act.
    14         (2)  No Class II, III, IV, V, VI or VII casino hotel
    15     alcoholic beverage license shall issue to any applicant who
    16     would not qualify under the standards for licensure of a
    17     casino employee as defined under this act, except that such
    18     applicant need not be an employee of the casino licensee.
    19         (3)  No Class VII casino hotel alcoholic beverage license
    20     shall issue to any applicant who does not hold a Class I, II,
    21     III, IV, V or VI casino hotel alcoholic beverage license.
    22     (i)  The commission may revoke, suspend, refuse to renew or
    23  refuse to transfer any casino hotel alcoholic beverage license,
    24  or fine or penalize any casino hotel alcoholic beverage licensee
    25  for violations of any provision of the "Liquor Code," the rules
    26  and regulations promulgated by the Pennsylvania Liquor Control
    27  Board, and the regulations promulgated by the commission.
    28     (j)  Jurisdiction over all alcoholic beverage licenses
    29  previously issued with respect to the casino hotel facility is
    30  hereby vested in the commission, which in its discretion may, by
    19790S0318B0322                 - 90 -

     1  regulation, provide for the conversion thereof into casino hotel
     2  alcoholic beverage licenses as provided in this section.
     3  Section 609.  Casino licensee; leases and contracts.
     4     (a)  It shall be unlawful for any person to lend, let, lease
     5  or otherwise provide any thing, or furnish any service,
     6  including service in managing a casino or in maintaining any
     7  equipment for any gambling game, including slot machines, for
     8  any interest or any percentage or share of the money or property
     9  gambled at or derived from such casino, equipment, or service,
    10  or for any interest, however defined, in the revenues, profits
    11  or earnings of the casino other than pursuant to the terms of a
    12  written agreement providing:
    13         (1)  For casino employee profit sharing.
    14         (2)  For casino key employee profit sharing.
    15         (3)  For the leasing of 100% of the entire casino hotel
    16     facility for a term exceeding 30 years.
    17         (4)  For the complete management of the casino.
    18     Such agreements shall not be effective unless approved by the
    19  commission, except that receipts of percentage charges between a
    20  corporate licensee and another entity which is a holding company
    21  or intermediary company with respect to such licensee shall be
    22  permitted. Under no circumstances shall any such agreement be
    23  approved unless all parties thereto are themselves holders of
    24  licenses issued pursuant to the provisions of this act, and in
    25  the case of leases and management contracts, each party thereto
    26  holds or is eligible to apply for a casino license. Receipts,
    27  rentals, or charges for real property, personal property, or
    28  services shall not lose their character as payments of a fixed
    29  sum because of contract, lease, or license provisions for
    30  adjustments in charges, rentals, or fees on account of changes
    19790S0318B0322                 - 91 -

     1  in taxes or assessments, cost-of-living index escalations,
     2  expansion or improvement of facilities, or changes in services
     3  supplied. In the case of leases and management contracts
     4  permitted under this subsection, each party thereto shall be
     5  individually and severally liable for all acts, omissions, and
     6  violations of this act by the other party thereto, regardless of
     7  actual knowledge of such act, omission, or violation and
     8  notwithstanding any provision of such lease or contract to the
     9  contrary. The commission shall adopt such regulations as it may
    10  deem necessary to further define or restrict the terms of such
    11  agreements. No casino licensee shall be permitted to enter into
    12  contracts for the management of a total of more than three
    13  casinos.
    14     (b)  Each casino licensee shall be required to present to the
    15  commission any written or unwritten agreement regarding the
    16  realty of, or any business or person doing business with or on
    17  the premises of, its casino hotel facility. Such agreement shall
    18  be reviewed by the commission on the basis of the reasonableness
    19  of its terms, including the terms of compensation, and of the
    20  qualifications of the person involved in the agreement with such
    21  casino licensee, which qualifications shall be reviewed
    22  according to the standards enumerated in this act. If the
    23  commission does not approve such an agreement or association,
    24  the commission may require its termination.
    25     Every agreement with a casino hotel shall be deemed to
    26  include a provision for its termination without liabiltiy on the
    27  part of the licensee, if the commission shall disapprove of the
    28  business or of any person associated therewith, by reason of a
    29  finding that said business or person is unsuitable to be
    30  associated with a casino enterprise in accordance with the
    19790S0318B0322                 - 92 -

     1  regulations promulgated under this act. Failure expressly to
     2  include such a condition in the agreement shall not constitute a
     3  defense in any action brought to terminate the agreement. If the
     4  agreement is not presented to the commission in accordance with
     5  commission regulations, or the disapproved agreement or
     6  association is not terminated, the commission may pursue any
     7  remedy or combination of remedies provided in this act.
     8     (c)  Nothing in this act shall be deemed to permit the
     9  transfer of any license, or any interest in any license, or any
    10  certificate of compliance or any commitment or reservation.
    11  Section 610.  Disposition of securities by corporate licensee.
    12     (a)  The sale, assignment, transfer, pledge or other
    13  disposition of any security issued by a corporation which holds
    14  a casino license is conditional and shall be ineffective if
    15  disapproved by the commission.
    16     (b)  Every security issued by a corporation which holds a
    17  casino license shall bear, on both sides of the certificate
    18  evidencing such security, a statement of the restrictions
    19  imposed by this section, except that in the case of a publicly
    20  traded corporation incorporated prior to the effective date of
    21  this act, a statement of restriction shall be necessary only
    22  insofar as certificates are issued by such corporation after the
    23  effective date of this act.
    24     (c)  The Department of State shall not accept for filing any
    25  articles of incorporation of any corporation which includes as a
    26  stated purpose the conduct of casino gaming, or any amendment
    27  which adds such purpose to articles of incorporation already
    28  filed, unless such articles or amendments have been approved by
    29  the commission and a copy of such approval is annexed thereto
    30  upon presentation for filing with the Department of State.
    19790S0318B0322                 - 93 -

     1     (d)  If at any time the commission finds that an individual
     2  owner or holder of any security of a corporate licensee or of a
     3  holding or intermediary company with respect thereto is not
     4  qualified under this act, and if as a result the corporate
     5  licensee is no longer qualified to continue as a casino licensee
     6  in this Commonwealth, the commission shall, pursuant to the
     7  provisions of this act, propose any necessary action to protect
     8  the public interest, including the suspension or revocation of
     9  the casino license of the corporation; provided, however, that
    10  if the holding or intermediary company is a publicly traded
    11  corporation and the commission finds disqualified any holder of
    12  any security thereof who is required to be qualified under this
    13  act, and the commission also finds that:
    14         (1)  The holding or intermediary company has complied
    15     with the provisions of this act.
    16         (2)  The holding or intermediary company has made a good
    17     faith effort, including the prosecution of all legal
    18     remedies, to comply with any order of the commission
    19     requiring the divestiture of the security interest held by
    20     the disqualified holder.
    21         (3)  Such disqualified holder does not have the ability
    22     to control the corporate licensee or any holding or
    23     intermediary company with respect thereto, or to elect one or
    24     more members of the board of directors of such corporation or
    25     company, the commission shall not take action against the
    26     casino licensee or the holding or intermediary company with
    27     respect to the continued ownership of the security interest
    28     by the disqualified holder. For purposes of this act, a
    29     security holder shall be presumed to have the ability to
    30     control a publicly traded corporation, or to elect one or
    19790S0318B0322                 - 94 -

     1     more members of its board of directors, if such holder owns
     2     or beneficially holds 5% or more of the securities of such
     3     corporation, unless such presumption of control or ability to
     4     elect is rebutted by clear and convincing evidence.
     5     (e)  Commencing on the date the commission serves notice upon
     6  a corporation of the determination of disqualification under
     7  subsection (d), it shall be unlawful for the named individual:
     8         (1)  To receive any dividends or interest upon any such
     9     securities.
    10         (2)  To exercise, directly or through any trustee or
    11     nominee, any right conferred by such securities.
    12         (3)  To receive any remuneration in any form from the
    13     corporate licensee for services rendered or otherwise.
    14     (f)  After a nonpublic corporation has been issued a casino
    15  license pursuant to the provisions of this act, but prior to the
    16  issuance or transfer of any security to any person required to
    17  be but not yet qualified in accordance with the provisions of
    18  this act, such corporation shall file a report of its proposed
    19  action with the commission, and shall request the approval of
    20  the commission for the transaction. If the commission shall deny
    21  the request, the corporation shall not issue or transfer such
    22  security. After a public corporation has been issued a casino
    23  license, such corporation shall file a report quarterly with the
    24  commission, which report shall list all owners and holders of
    25  any security issued by such corporate casino licensee.
    26     (g)  Each corporation which has been issued a casino license
    27  pursuant to the provisions of this act shall file a report of
    28  any change of its corporate officers or members of its board of
    29  directors with the commission. No officer or director shall be
    30  entitled to exercise any powers of the office to which he was so
    19790S0318B0322                 - 95 -

     1  elected or appointed until qualified by the commission in
     2  accordance with the provisions of this act.
     3  Section 611.  Work permits.
     4     (a)  A casino licensee shall not appoint or employ any person
     5  not possessing a current and valid license permitting such
     6  appointment or employment. Prior to the effective date of such
     7  appointment or employment, the casino licensee shall apply for a
     8  work permit for such employee, which shall be granted by the
     9  commission if the employee is the holder of a current and valid
    10  license. The casino licensee shall return such work permit to
    11  the commission within five days of the termination or cessation
    12  of such appointment or employment for any cause whatsoever. Each
    13  work permit shall be renewed annually in accordance with rules
    14  and regulations promulgated by the commission.
    15     (b)  A casino licensee shall, within 24 hours of receipt of
    16  written notice thereof, terminate the appointment or employment
    17  of any person whose license has been revoked or has expired. A
    18  casino licensee shall comply in all respects with any order of
    19  the commission imposing limitations or restrictions upon the
    20  terms of employment or appointment in the course of any
    21  investigation or hearing.
    22                             CHAPTER 7
    23                              HEARINGS
    24  Section 701.  Commencement.
    25     (a)  Any proceeding against a licensee shall be brought on by
    26  written complaint, which shall include a statement setting forth
    27  in ordinary and concise language the charges and the acts or
    28  omissions supporting such charges.
    29     (b)  Upon filing of the complaint, the commission shall serve
    30  a copy upon the licensee either personally or by certified mail
    19790S0318B0322                 - 96 -

     1  to his address on file with the commission.
     2     (c)  Within 15 days after service upon him of the complaint,
     3  the licensee may file with the commission a notice of defense,
     4  in which he may:
     5         (1)  Request a hearing.
     6         (2)  Admit the accusation in whole or in part.
     7         (3)  Present new matters or explanations by way of
     8     defense.
     9         (4)  State any legal objections to the complaint. Within
    10     the time specified, the licensee may file one or more notices
    11     of defense upon any or all of the above grounds.
    12     (d)  The licensee shall be entitled to a hearing on the
    13  merits if he files the required notice of defense within the
    14  time allowed by subsection (c), and any such notice shall be
    15  deemed a specific denial of all parts of the complaint not
    16  expressly admitted. Failure to file a notice of defense within
    17  such time shall constitute a waiver of the licensee's rights to
    18  a hearing, but the commission, in its discretion, may
    19  nevertheless order a hearing. All affirmative defenses must be
    20  specifically stated, and unless objection is taken as provided
    21  in subsection (c)(4), all objections to the form of complaint
    22  shall be deemed waived.
    23     (e)  The commission shall determine the time and place of the
    24  hearing as soon as is reasonably practical after receiving the
    25  licensee's notice of defense. The commission shall deliver or
    26  send by certified mail a notice to all parties at least ten days
    27  prior to the hearing. Unless the licensee consents, the hearing
    28  shall not be held prior to the expiration time within which the
    29  licensee is entitled to file the notice of defense.
    30     (f)  Prior to a hearing before the commission, and during a
    19790S0318B0322                 - 97 -

     1  hearing upon reasonable cause shown, the commission shall issue
     2  subpoenas and subpoenas duces tecum at the request of a licensee
     3  or the bureau.
     4  Section 702.  Conduct of hearings; rules of evidence; punishment
     5                of contempts; decisions; rehearing.
     6     (a)  At all hearings of the commission pursuant to this
     7  article:
     8         (1)  At least one member of the commission shall be
     9     present and shall exercise all powers relating to the conduct
    10     of the hearing.
    11         (2)  The proceedings at the hearing shall be recorded or
    12     transcribed.
    13         (3)  Oral evidence shall be taken only upon oath or
    14     affirmation administered by the commission.
    15         (4)  Each party to a hearing shall have the right to call
    16     and examine witnesses; to introduce exhibits relevant to the
    17     issues of the case, including the transcript of testimony at
    18     any investigative hearing conducted by or on behalf of the
    19     commission; to cross-examine opposing witnesses in any
    20     matters relevant to the issue of the case; to impeach any
    21     witness, regardless of which party called him to testify; and
    22     to offer rebuttal evidence.
    23         (5)  If the licensee shall not testify in his own behalf,
    24     he may be called and examined as if under cross-examination.
    25         (6)  The hearing need not be conducted according to rules
    26     relating to the admissibility of evidence in courts of law.
    27     Any relevant evidence may be admitted and shall be sufficient
    28     in itself to support a finding if it is the sort of evidence
    29     upon which responsible persons are accustomed to rely in the
    30     conduct of serious affairs, regardless of the existence of
    19790S0318B0322                 - 98 -

     1     any common law or statutory rule which might make improper
     2     the admission of such evidence over objection in a civil
     3     action.
     4         (7)  The parties or their counsel may by written
     5     stipulation agree that certain specified evidence may be
     6     admitted, although such evidence may be otherwise subject to
     7     objection.
     8     (b)  The commission may take official notice of any generally
     9  accepted information or technical or scientific matter in the
    10  field of gaming, and of any other fact which may be judicially
    11  noticed by the courts of this Commonwealth. The parties shall be
    12  informed of any information, matters or facts so noticed and
    13  shall be given a reasonable opportunity, on request, to refute
    14  such information, matters or facts by evidence or by written or
    15  oral presentation of authorities, the manner of such refutation
    16  to be determined by the commission. The commission may in its
    17  discretion, before rendering its decision, permit the filing of
    18  amended or supplemental pleadings and shall notify all parties
    19  thereof and provide a reasonable opportunity for objections
    20  thereto.
    21     (c)  If any person in proceedings before the commission
    22  disobeys or resists any lawful order, refuses to respond to a
    23  subpoena or refuses to take the oath or affirmation as a witness
    24  or thereafter refuses to be examined, or is guilty of misconduct
    25  at the hearing or so near the place thereof as to obstruct the
    26  proceeding, the person may be punished for contempt in
    27  accordance with law if the commission certifies the facts
    28  underlying the contumacious behavior to the Commonwealth Court.
    29  Thereafter, the courts shall have jurisdiction in the matter,
    30  and the same proceeding shall be had, the same penalties may be
    19790S0318B0322                 - 99 -

     1  imposed, and the person charged may purge himself of the
     2  contempt in the same way as in the case of a person who has
     3  committed contempt in the trial of a civil action before the
     4  court of common pleas.
     5     (d)  Failure of a licensee to file a notice of defense or to
     6  request or appear at the hearing shall constitute an admission
     7  of all matters and facts contained in the complaint filed with
     8  respect to such respondent. In such cases the commission may
     9  take action based upon such admission or upon any other
    10  evidence, without any further notice whatever to the licensee.
    11  In such cases the commission shall prepare and file a record
    12  containing the evidence upon which the action was based.
    13     (e)  After the hearing in a contested matter, and upon review
    14  of the transcript, the commission shall render a written
    15  decision on the merits, which shall contain findings of fact,
    16  determination of the issues presented, and specifications of the
    17  penalty or penalties to be imposed, if any; and shall thereafter
    18  make and enter its written order in accordance with such
    19  decision. Copies of the decision and order shall be served on
    20  the parties personally or sent to them by certified mail. The
    21  decision shall become and remain effective upon such service and
    22  until the commission shall otherwise order.
    23     (f)  The commission may, upon motion therefor made within ten
    24  days after service of the decision and order, order a rehearing
    25  before the commission upon such terms and conditions as it may
    26  deem just and proper. Such motion shall be granted only upon a
    27  showing that there is additional evidence which is material and
    28  necessary, and which would be reasonably likely to change the
    29  decision of the commission, and that sufficient reason existed
    30  for failure to present such evidence at the hearing of the
    19790S0318B0322                 - 100 -

     1  commission. The motion shall be supported by an affidavit of the
     2  moving party or his counsel showing with particularity the
     3  materiality and necessity of the additional evidence and the
     4  reason why it was not introduced at the hearing. Upon rehearing,
     5  rebuttal evidence to the additional evidence shall be admitted.
     6  After rehearing, the commission may notify its decision and
     7  order as the additional evidence may warrant.
     8  Section 703.  Emergency orders.
     9     Notwithstanding any provisions of this article, the
    10  commission may issue an emergency order for the suspension,
    11  limitation or conditioning of any operation certificate or any
    12  license, other than a casino license, or may issue an emergency
    13  order requiring the licensed casino to keep an individual from
    14  the premises of such licensed casino or not to pay such
    15  individual any remuneration for services or any profits, income
    16  or accruals on his investment in such casino, in the following
    17  manner:
    18         (1)  An emergency order shall be issued only when the
    19     commission finds that:
    20             (i)  There has been charged a violation of any of the
    21         criminal laws of this Commonwealth by a licensee.
    22             (ii)  Such action is necessary to prevent a violation
    23         of any such provision.
    24             (iii)  Such action is necessary immediately for the
    25         preservation of the public peace, health, safety, morals,
    26         good order and general welfare or to preserve the public
    27         policies declared by this act.
    28         (2)  An emergency order shall set forth the grounds upon
    29     which it is issued, including the statement of facts
    30     constituting the alleged emergency necessitating such action.
    19790S0318B0322                 - 101 -

     1         (3)  The emergency order shall be effective immediately
     2     upon issuance and service upon the licensee or resident agent
     3     of the licensee. The emergency order may suspend, limit,
     4     condition or take other action in relation to the approval of
     5     one or more individuals who were required to be approved in
     6     any operation, without necessarily affecting any other
     7     individuals or the licensed casino establishment. The
     8     emergency order shall remain effective until further order of
     9     the commission or final disposition of the case.
    10         (4)  Within five days after issuance of an emergency
    11     order, the commission shall cause a complaint to be filed and
    12     served upon the person or entity involved in accordance with
    13     the provisions of this act.
    14         (5)  Thereafter, the person or entity against whom the
    15     emergency order has been issued and served shall be entitled
    16     to a hearing before the commission in accordance with the
    17     provisions of this act.
    18  Section 704.  Judicial review.
    19     (a)  The bureau or any person aggrieved by a final decision
    20  or order of the commission made after hearing or rehearing by
    21  the commission, whether or not a petition for hearing was filed,
    22  may obtain judicial review thereof by appeal to the Commonwealth
    23  Court in accordance with law.
    24     (b)  Filing of an appeal shall not stay enforcement of the
    25  decision or order of the commission unless the stay is obtained
    26  from the court upon application in accordance with law or from
    27  the commission upon such terms and conditions as it deems
    28  proper.
    29     (c)  The reviewing court may affirm the decision and order of
    30  the commission, may remand the case for further proceedings, or
    19790S0318B0322                 - 102 -

     1  may reverse the decision if the substantive rights of the
     2  petitioner have been prejudiced because the decision is:
     3         (1)  In violation of constitutional provisions.
     4         (2)  In excess of the statutory authority and
     5     jurisdiction of the commission.
     6         (3)  Arbitrary or capricious or otherwise not in
     7     accordance with law.
     8     (d)  In order to protect the public interest and the
     9  regulatory authority of the commission, any action by the
    10  commission taken pursuant to the provisions of this act shall
    11  not be subject to the injunctive authority of the Commonwealth
    12  Court prior to the exhaustion of the administrative procedures
    13  herein specified, unless it shall appear evident to the court,
    14  by clear and convincing evidence, that a manifest denial of
    15  justice would be effectuated by the refusal to enjoin the
    16  contemplated action of the commission.
    17                             CHAPTER 8
    18                             SANCTIONS
    19  Section 801.  Penalties for willful evasion of payment of
    20                license fees, other acts and omissions.
    21     Any person who willfully fails to report, pay or truthfully
    22  account for and pay over any license fee or tax imposed by the
    23  provisions of this act, or willfully attempts in any manner to
    24  evade or defeat any such license fee, tax, or payment thereof is
    25  guilty of a misdemeanor and subject to not more than three years
    26  imprisonment or a fine of $25,000 or both, and in the case of a
    27  person other than a natural person, to a fine of not more than
    28  $100,000, and shall in addition be liable for a penalty of three
    29  times the amount of the license fee evaded and not paid,
    30  collected or paid over, which penalty shall be assessed by the
    19790S0318B0322                 - 103 -

     1  commission and collected in accordance with the provisions of
     2  this act.
     3  Section 802.  Unlicensed casino gambling games unlawful;
     4                penalties.
     5     (a)  Any person who permits any gambling game, slot machine
     6  or device to be conducted, operated, dealt or carried on in any
     7  casino by a person other than a person licensed for such
     8  purposes pursuant to this act is guilty of a misdemeanor and
     9  subject to a term of imprisonment of not more than three years
    10  or a fine of $25,000 or both, and in the case of a person other
    11  than a natural person, to a fine of not more than $100,000.
    12     (b)  Any licensee who places games or slot machines into play
    13  or displays such games or slot machines in a casino without
    14  authority of the commission to do so is guilty of a misdemeanor
    15  and subject to not more than three years imprisonment or a fine
    16  of $25,000 or both, and in the case of a person other than a
    17  natural person, to a fine of not more than $100,000.
    18     (c)  Any person who operates, carries on or exposes for play
    19  any gambling game, gaming device or slot machine after his
    20  license has expired and prior to the actual renewal thereof is
    21  guilty of a misdemeanor and subject to not more than three years
    22  imprisonment or a fine of $25,000 or both, and in the case of a
    23  person other than a natural person, to a fine of not more than
    24  $100,000.
    25  Section 803.  Swindling and cheating; penalties.
    26     Any person who by any trick or slight of hand performance, or
    27  by a fraud or fraudulent scheme, cards, dice or device, wins for
    28  himself or for another, money or property or a representative of
    29  either in connection with casino gaming is guilty of a
    30  misdemeanor and subject to not more than three years
    19790S0318B0322                 - 104 -

     1  imprisonment or a fine of $25,000 or both, and in the case of a
     2  person other than a natural person to a fine of not more than
     3  $100,000.
     4  Section 804.  Unlawful use of bogus chips, marked cards, dice,
     5                cheating devices, unlawful coins; penalty.
     6     (a)  It shall be unlawful for any person playing any licensed
     7  gambling game:
     8         (1)  Knowingly to use bogus or counterfeit chips, or
     9     knowingly to substitute and use in any such game cards or
    10     dice that have been marked, loaded or tampered with.
    11         (2)  Knowingly to use or possess any cheating device with
    12     intent to cheat or defraud.
    13     (b)  It shall be unlawful for any person, playing or using
    14  any slot machine in a licensed casino:
    15         (1)  Knowingly to use other than a lawful coin or legal
    16     tender of the United States of America, or to use coin not of
    17     the same denomination as the coin intended to be used in such
    18     slot machine, except that in the playing of any slot machine
    19     it shall be lawful for any person to use tokens or similar
    20     objects therein which are approved by the commission.
    21         (2)  To use any cheating or thieving device, including
    22     but not limited to tools, drills, wires, coins or tokens
    23     attached to strings or wires, or electronic or magnetic
    24     devices, to facilitate the alignment of any winning
    25     combination or removing from any slot machine any money or
    26     other contents thereof.
    27     (c)  It shall be unlawful for any person knowingly to possess
    28  or use while on the premises of a licensed casino, any cheating
    29  or thieving device, including but not limited to tools, wires,
    30  drills, coins attached to strings or wires or electronic or
    19790S0318B0322                 - 105 -

     1  magnetic devices to facilitate removing from any slot machine
     2  any money or contents thereof, except that a duly authorized
     3  employee of a licensed casino may possess and use any of the
     4  foregoing only in furtherance of his employment in the casino.
     5     (d)  It shall be unlawful for any person knowingly to possess
     6  or use while on the premises of any licensed casino any key or
     7  device designed for the purpose of or suitable for opening or
     8  entering any slot machine or drop box, except that a duly
     9  authorized employee of a licensed casino or of the commission
    10  may possess and use any of the foregoing only in furtherance of
    11  his employment.
    12     (e)  Any person who violates this section is guilty of a
    13  misdemeanor and shall be subject to not more than three years
    14  imprisonment or a fine of $25,000 or both, and in the case of a
    15  person other than a natural person, to a fine of not more than
    16  $100,000.
    17  Section 805.  Cheating games and devices in a licensed casino;
    18                penalty.
    19     (a)  It shall be unlawful:
    20         (1)  Knowingly to conduct, carry on, operate, deal or
    21     allow to be conducted, carried on, operated or dealt any
    22     cheating or thieving game or device.
    23         (2)  Knowingly to deal, conduct, carry on, operate or
    24     expose for play any game or games played with cards, dice or
    25     any mechanical device, or any combination of games or
    26     devices, which have in any manner been marked or tampered
    27     with, or placed in a condition, or operated in a manner, the
    28     result of which tends to deceive the public or tends to alter
    29     the normal random selection of characteristics or the normal
    30     chance of the game which could determine or alter the result
    19790S0318B0322                 - 106 -

     1     of the game.
     2     (b)  It shall be unlawful knowingly to use or possess any
     3  marked cards, loaded dice, plugged or tampered with machines or
     4  devices.
     5     (c)  Any person who violates this section is guilty of a
     6  misdemeanor and subject to not more than three years
     7  imprisonment or a fine of $25,000 or both, and in the case of a
     8  person other than a natural person, to a fine of not more than
     9  $100,000.
    10  Section 806.  Unlawful possession of device, equipment or
    11                other material illegally manufactured,
    12                distributed, sold or serviced.
    13     Any person who possesses any device, equipment or material
    14  which he knows has been manufactured, distributed, sold,
    15  tampered with or serviced in violation of the provisions of this
    16  act is guilty of a misdemeanor and subject to not more than
    17  three years imprisonment or a fine of $25,000 or both, and in
    18  the case of a person other than a natural person, to a fine of
    19  not more than $100,000.
    20  Section 807.  Employment without license and work permit;
    21                penalty.
    22     (a)  Any person who, without obtaining the requisite license
    23  as provided in this act, works or is employed in a position
    24  whose duties would require licensing under the provisions of
    25  this act is guilty of a misdemeanor and subject to not more than
    26  three years imprisonment or a fine of $10,000 or both, and in
    27  the case of a person other than a natural person, to a fine of
    28  not more than $50,000.
    29     (b)  Any person who employs or continues to employ an
    30  individual not duly licensed under the provisions of this act in
    19790S0318B0322                 - 107 -

     1  a position whose duties require a license under the provisions
     2  of this act is guilty of a misdemeanor and subject to not more
     3  than three years imprisonment or a fine of $10,000 or both, and
     4  in the case of a person other than a natural person, to a fine
     5  of not more than $50,000.
     6     (c)  Any person who employs an individual without obtaining a
     7  work permit or does not return such permit as required by this
     8  act, is guilty of a misdemeanor and subject to a fine of not
     9  more than $10,000, and in the case of a person other than a
    10  natural person, to a fine of not more than $50,000.
    11     (d)  Any person violating the provisions of this act relating
    12  to collection of checks shall be guilty of a misdemeanor, and
    13  shall be subject to imprisonment for not more than seven years
    14  or a fine of not more than $25,000, or both. Any licensee
    15  permitting or allowing such a violation shall also be punishable
    16  under this subsection, in addition to any other sanctions the
    17  commission may impose.
    18  Section 808.  Unlawful entry by person whose name has been
    19                placed on list; penalty.
    20     Any person whose name is on the list of persons promulgated
    21  by the commission pursuant to the provisions of this act who
    22  knowingly enters the premises of a licensed casino is guilty of
    23  a misdemeanor of the third degree.
    24  Section 809.  Gaming by minors prohibited; penalties; defenses.
    25     (a)  No person under the age of 18 years shall enter a
    26  licensed casino except by way of passage to another room.
    27     (b)  Any licensee or employee of a casino who allows a minor
    28  under the age of 18 to remain in a casino commits a summary
    29  offense; except that the establishment of all of the following
    30  facts by a person allowing any such minor to remain shall
    19790S0318B0322                 - 108 -

     1  constitute a defense to any prosecution therefor:
     2         (1)  That the minor falsely represented in writing that
     3     he or she was 18 years of age or over.
     4         (2)  That the appearance of the minor was such than an
     5     ordinary prudent person would believe him or her to be 18
     6     years of age or over.
     7         (3)  That the admission was made in good faith, relying
     8     upon such written representation and appearance, and in the
     9     reasonable belief that the minor was actually 18 years of age
    10     or over.
    11  Section 810.  Prohibited political contributions; penalty.
    12     Any person who makes or causes to be made a political
    13  contribution prohibited by the provisions of this act, or files
    14  or causes to be filed any report of political contributions
    15  which misstates or omits any material fact with respect to such
    16  contribution is guilty of a misdemeanor and subject to not more
    17  than three years imprisonment or a fine of $100,000 or both, and
    18  in the case of a person other than a natural person, to a fine
    19  of not more than $250,000.
    20  Section 811.  Authority of gaming licensee and agents to detain
    21                or question persons suspected of cheating;
    22                immunity from liability; posted notice required.
    23     (a)  Any licensee or its officers, employees or agents may
    24  question any individual in the casino reasonably suspected of
    25  violating any of the provisions of sections 802 through 806. No
    26  licensee or its officers, employees or agents shall be
    27  criminally or civilly liable by reason of any such questioning.
    28     (b)  Any licensee or its officers, employees or agents who
    29  shall have probable cause for believing there has been a
    30  violation of sections 802 through 806 in the casino by any
    19790S0318B0322                 - 109 -

     1  person may take such person into custody and detain him in the
     2  establishment in a reasonable manner for a reasonable length of
     3  time, for the purpose of notifying law enforcement or commission
     4  authorities. Such taking into custody and detention shall not
     5  render such licensee or its officers, employees or agents
     6  criminally or civilly liable for false arrest, false
     7  imprisonment, slander or unlawful detention, unless such taking
     8  into custody or detention is unreasonable under all of the
     9  circumstances.
    10     (c)  No licensee or his officers, employees or agents shall
    11  be entitled to any immunity from civil or criminal liability
    12  provided in this section unless there is displayed in a
    13  conspicuous manner in the casino a notice in bold face type
    14  clearly legible and in substantially this form:
    15     "Any gaming licensee or officer, employee or agent thereof
    16  who has probable cause for believing that any person is
    17  violating any of the provisions of the "Commonwealth Casino
    18  Control Act" prohibiting cheating or swindling in gaming may
    19  detain such person in the establishment for the purpose of
    20  notifying a police officer or Commonwealth Casino Control
    21  Commission authorities."
    22  Section 812.  Other offenses; general penalty.
    23     Any person who violates any provision of this act the penalty
    24  for which is not specifically fixed in this act is guilty of a
    25  disorderly persons offense.
    26  Section 813.  Continuing offenses.
    27     (a)  A violation of any of the provisions of this act shall
    28  be deemed to be a separate offense on each day during which it
    29  occurs.
    30     (b)  Any person who aids, abets, counsels, commands, induces,
    19790S0318B0322                 - 110 -

     1  procures or causes another to violate a provision of this act is
     2  punishable as a principal and subject to all sanctions and
     3  penalties, both civil and criminal, provided by this act.
     4  Section 814.  Exemption from gambling statutes.
     5     The provisions of 18 Pa.C.S. § 5513 (relating to gambling
     6  devices, gambling, etc.) and § 5514 (relating to pool selling
     7  and bookmaking) shall not apply to any person who, as a licensee
     8  operating pursuant to the provisions of this act, or as a player
     9  in any game authorized pursuant to the provisions of this act,
    10  engages in gaming as authorized herein.
    11  Section 815.  Racketeer; influenced and corrupt organizations;
    12                definitions.
    13     For purposes of this section and sections 816 through 819:
    14     (a)  "Racketeering activity."
    15         (1)  Any act or threat involving murder, kidnapping,
    16     gambling, arson, robbery, bribery, extortion, or dealing in
    17     narcotic or other dangerous drugs, which is chargeable under
    18     the laws of this Commonwealth and punishable by imprisonment
    19     for more than one year.
    20         (2)  Any act which is indictable under any of the
    21     following provisions of Title 18, United States Code: section
    22     201 (relating to bribery of public officials and witnesses),
    23     section 224 (relating to bribery in sporting contests),
    24     sections 471 through 509 (relating to counterfeiting and
    25     forgery), section 659 (relating to interstate or foreign
    26     shipments by carrier; State prosecutions) if the act
    27     indictable under section 659 is felonious, section 664
    28     (relating to theft or embezzlement from employee benefit
    29     plan), sections 891 through 894 of Chapter 42 (relating to
    30     extortionate credit transactions), section 1084 (relating to
    19790S0318B0322                 - 111 -

     1     the transmission of wagering information), section 1341
     2     (relating to mail fraud), section 1343 (relating to wire
     3     fraud), section 1503 (relating to obstruction of justice),
     4     section 1510 (relating to obstruction of criminal
     5     investigations), section 1511 (relating to the obstruction of
     6     State or local law enforcement), section 1951 (relating to
     7     interference with commerce, robbery, or extortion), section
     8     1952 (relating to racketeering), section 1953 (relating to
     9     interstate transportation of wagering paraphernalia), section
    10     1954 (relating to unlawful fund payments), section 1955
    11     (relating to the prohibition of illegal gambling businesses),
    12     sections 2314 and 2315 (relating to interstate transportation
    13     of stolen property), sections 2421 through 2424 (relating to
    14     white slave traffic).
    15         (3)  Any act which is indictable under Title 29, United
    16     States Code, section 186 (relating to restrictions on
    17     payments and loans to labor organizations) or section 501(c)
    18     (relating to embezzlement from union funds).
    19         (4)  Any offense involving bankruptcy fraud, fraud in the
    20     sale of securities, or the felonious manufacture,
    21     importation, receiving, concealment, buying, selling, or
    22     otherwise dealing in narcotic or other dangerous drugs,
    23     punishable under any law of the United States.
    24     (b)  "Person."  Any individual or entity holding or capable
    25  of holding a legal or beneficial interest in property.
    26     (c)  "Enterprise."  Any individual, partnership, corporation,
    27  association, or other legal entity, and any union or group of
    28  individuals associated in fact although not a legal entity.
    29     (d)  "Pattern of racketeering activity."  Requires at least
    30  two acts of racketeering activity, one of which occurred after
    19790S0318B0322                 - 112 -

     1  the effective date of this act and the last of which occurred
     2  within ten years (excluding any period of imprisonment) after
     3  the commission of a prior act of racketeering activity.
     4     (e)  "Unlawful debt."  A debt:
     5         (1)  Which was incurred or contracted in gambling
     6     activity which was in violation of the law of the United
     7     States, a state or political subdivision thereof.
     8         (2)  Which is unenforceable under Commonwealth or Federal
     9     law in whole or in part as to principal or interest because
    10     of the laws relating to usury.
    11         (3)  Which was incurred in connection with the business
    12     of gambling in violation of the law of the United States, a
    13     state or political subdivision thereof.
    14         (4)  Which was incurred in connection with the business
    15     of lending money or a thing of value at a rate usurious under
    16     Commonwealth or Federal law, where the usurious rate is at
    17     least twice the enforceable rate.
    18     (f)  "Documentary material."  Any book, paper, document,
    19  record, recording, or other material.
    20  Section 816.  Prohibited activities.
    21     (a)  It shall be unlawful for any person who has received any
    22  income derived, directly or indirectly, from pattern of
    23  racketeering activity or through collection of an unlawful debt
    24  in which such person has participated as a principal to use or
    25  invest, directly or indirectly, any part of such income, or the
    26  proceeds of such income, in acquisition of any interest in, or
    27  the establishment or operation of, any enterprise which is
    28  engaged in or the activities of which affect casino gaming
    29  operations or ancillary industries which do business with any
    30  casino licensee. A purchase of securities on the open market for
    19790S0318B0322                 - 113 -

     1  purposes of investment, and without the intention of controlling
     2  or participating in the control of the issuer or of assisting
     3  another to do so, shall not be unlawful under this subsection,
     4  provided that the sum total of the securities of the issuer held
     5  by the purchaser, the members of his family, and his or their
     6  accomplices in any pattern of racketeering activity or in the
     7  collection of an unlawful debt does not amount in the aggregate
     8  to 1% of the outstanding securities of any one class, or does
     9  not, either in law or in fact, empower the holders thereof to
    10  elect one or more directors of the issuer.
    11     (b)  It shall be unlawful for any person through a pattern of
    12  racketeering activity or through collection of an unlawful debt
    13  to acquire or maintain, directly or indirectly, any interest in
    14  or control of any enterprise which is engaged in, or the
    15  activities of which affect, casino gaming operations or
    16  ancillary industries which do business with any casino licensee.
    17     (c)  It shall be unlawful for any person employed by or
    18  associated with any enterprise engaged in, or the activities of
    19  which affect, casino gaming operations or ancillary industries
    20  which do business with any casino licensee, to conduct or
    21  participate, directly or indirectly, in the conduct of such
    22  enterprise's affairs through a pattern of racketeering activity
    23  or collection of unlawful debt.
    24     (d)  It shall be unlawful for any person to conspire to
    25  violate any of the provisions of subsections (a), (b) or (c).
    26     (e)  Any person who violates any provision of this section
    27  shall be fined not more than $50,000 or imprisoned not more than
    28  20 years or both and shall forfeit to the Commonwealth:
    29         (1)  Any interest he has acquired or maintained in
    30     violation of this section.
    19790S0318B0322                 - 114 -

     1         (2)  Any interest in, security of, claim against, or
     2     property or contractual right of any kind affording a source
     3     of influence over any enterprise which he has established,
     4     operated, controlled, conducted, or participated in the
     5     conduct of, in violation of this section.
     6     (f)  In any action brought by the Attorney General under this
     7  section, the Commonwealth Court shall have jurisdiction to enter
     8  such restraining orders or prohibitions, or to take such other
     9  actions, including but not limited to, the acceptance of
    10  satisfactory performance bonds, in connection with any property
    11  or other interest subject to forfeiture under this section, as
    12  it shall deem proper.
    13     (g)  Upon conviction of a person under this section, the
    14  court shall authorize the Attorney General to seize all property
    15  or other interest declared forfeited under this section upon
    16  such terms and conditions as the court shall deem proper. If a
    17  property right or other interest is not exercisable or
    18  transferable for value by the Commonwealth, it shall expire and
    19  shall not revert to the convicted person.
    20  Section 817.  Civil remedies.
    21     (a)  The Commonwealth Court shall have jurisdiction to
    22  prevent and restrain violations of section 816 by issuing
    23  appropriate orders, including, but not limited to, ordering any
    24  person to divest himself of any interest, direct or indirect, in
    25  any enterprise; imposing reasonable restrictions on the future
    26  activities or investments of any person, including, but not
    27  limited to, prohibiting any person from engaging in the same
    28  type of endeavor as the enterprise engaged in, the activities of
    29  which affect casino gaming operations or ancillary industries
    30  which do business with any casino licensee; or ordering
    19790S0318B0322                 - 115 -

     1  dissolution or reorganization of any enterprise, making due
     2  provision for the rights of innocent persons.
     3     (b)  The Attorney General may institute proceedings in
     4  Commonwealth Court for violations of section 816. In any action
     5  brought under this section, the court shall proceed as soon as
     6  practicable to the hearing and determination thereof. Pending
     7  final determination thereof, the court may at any time enter
     8  such restraining orders or prohibitions, or take such other
     9  actions, including the acceptance of satisfactory performance
    10  bonds, as it shall deem proper.
    11     (c)  Any person injured in his business or property by reason
    12  of a violation of section 816 may sue therefor in any
    13  appropriate court and shall recover threefold any damages he
    14  sustains and the cost of the suit, including a reasonable
    15  attorney's fee.
    16     (d)  A final judgment or decree rendered in favor of the
    17  Commonwealth in any criminal proceeding brought under this act
    18  shall estop the defendant from denying the essential allegations
    19  of the criminal offense in any subsequent civil proceeding
    20  brought by the Attorney General.
    21  Section 818.  Civil investigative demand.
    22     (a)  Whenever the Attorney General has reason to believe that
    23  any person or enterprise may be in possession, custody, or
    24  control of any documentary materials relevant to an
    25  investigation under this act, he may, prior to the institution
    26  of a civil or criminal proceeding thereon, issue in writing, and
    27  cause to be served upon such person, a civil investigative
    28  demand requiring such person to produce such material for
    29  examination.
    30     (b)  Each such demand shall:
    19790S0318B0322                 - 116 -

     1         (1)  State the nature of the conduct constituting the
     2     alleged violation which is under investigation and the
     3     provision of law applicable thereto.
     4         (2)  Describe the class or classes of documentary
     5     material to be produced thereunder with such specificity and
     6     certainty as to permit such material to be fairly identified.
     7         (3)  Prescribe a return date which will provide a
     8     reasonable period of time within which the material so
     9     demanded may be assembled and made available for inspection
    10     and copying or reproduction.
    11         (4)  Identify the custodian to whom such material shall
    12     be made available.
    13     (c)  No such demand shall:
    14         (1)  Contain any requirement which would be held to be
    15     unreasonable if contained in a subpoena duces tecum issued in
    16     aid of a grand jury investigation.
    17         (2)  Require the production of any documentary evidence
    18     which would be otherwise privileged from disclosure if
    19     demanded by a subpoena duces tecum issued in aid of a grand
    20     jury investigation.
    21     (d)  Service of any such demand or any petition filed under
    22  this section may be made upon a person by:
    23         (1)  Delivering a duly executed copy thereof to any
    24     partner, executive officer, managing agent, or general agent
    25     thereof, or to any agent thereof authorized by appointment or
    26     by law to receive service of process on behalf of such
    27     person, or upon any individual person.
    28         (2)  Delivering a duly executed copy thereof to the
    29     principal office or place of business of the person to be
    30     served.
    19790S0318B0322                 - 117 -

     1         (3)  Depositing such copy in the United States mail, by
     2     registered or certified mail duly addressed to such person at
     3     its principal office or place of business.
     4     (e)  A verified return by the individual serving any demand
     5  or petition setting forth the manner of such service shall be
     6  prima facie proof of such service. In the case of service by
     7  registered or certified mail, such return shall be accompanied
     8  by the return post office receipt of delivery of such demand.
     9     (f)  Any person upon whom any demand issued under this
    10  section has been duly served shall make such material available
    11  for inspection and copying or reproduction to the Attorney
    12  General at the principal place of business of such person, or at
    13  such other place as the Attorney General and such person
    14  thereafter may agree and prescribe in writing, on the return
    15  date specified in such demand or on such later date as the
    16  Attorney General may prescribe in writing. Upon written
    17  agreement between such person and the Attorney General, copies
    18  may be substituted for all or any part of such original
    19  materials. The Attorney General may cause the preparation of
    20  such copies of documentary material as may be required for
    21  official use by the Attorney General. While in the possession of
    22  the Attorney General, no material so produced shall be available
    23  for examination, without the consent of the person who produced
    24  such material, by any individual other than the Attorney General
    25  or his duly appointed representatives. Under such reasonable
    26  terms and conditions as the Attorney General shall prescribe,
    27  documentary material while in his possession shall be available
    28  for examination by the person who produced such material or any
    29  duly authorized representatives of such person.
    30     (g)  Upon completion of the review and investigation for
    19790S0318B0322                 - 118 -

     1  which any documentary material was produced under this action,
     2  and any case or proceeding arising from such investigation, the
     3  Attorney General shall return to the person who produced such
     4  material all such material other than copies thereof made by the
     5  Attorney General pursuant to this section which has not passed
     6  into the control of any court or grand jury through the
     7  introduction thereof into the record of such case or proceeding.
     8     (h)  When any documentary material has been produced by any
     9  person under this section for use in any racketeering
    10  investigation, and no such case or proceeding arising therefrom
    11  has been instituted within a reasonable time after completion of
    12  the examination and analysis of all evidence assembled in the
    13  course of such investigation, such person shall be entitled,
    14  upon written demand made upon the Attorney General, to the
    15  return of all documentary material other than copies thereof
    16  made pursuant to this section so produced by such person.
    17     (i)  Whenever any person fails to comply with any civil
    18  investigative demand duly served upon him under this section or
    19  whenever satisfactory copying or reproduction of any such
    20  material cannot be done and such person refuses to surrender
    21  such material, the Attorney General may file in the Commonwealth
    22  Court a petition for an order of such court for the enforcement
    23  of this section.
    24     (j)  The provisions of this section shall not apply to any
    25  situation covered by the provisions of this act relating to
    26  searches by division employees and agents, and shall in no way
    27  limit the bureau's authority under such provisions.
    28  Section 819.  Supplemental sanctions.
    29     In addition to any penalty, fine or term of imprisonment
    30  authorized by law, the commission shall, after appropriate
    19790S0318B0322                 - 119 -

     1  hearings and factual determinations, have the authority to
     2  impose the following sanctions upon any person licensed pursuant
     3  to this act:
     4         (1)  revoke the license of any person for the conviction
     5     of any criminal offense under this act or for the commission
     6     of any other offense or violation of this act which would
     7     disqualify such person from holding his license;
     8         (2)  revoke the license of any person for willfully and
     9     knowingly violating an order of the commission directed to
    10     such person;
    11         (3)  suspend the license of any person pending hearing
    12     and determination, in any case in which license revocation
    13     could result;
    14         (4)  suspend the operation certificate of any casino for
    15     violation of any provisions of this act or regulations
    16     promulgated hereunder related to the casino operation,
    17     including games, internal and accountancy controls and
    18     security;
    19         (5)  assess such civil penalties as may be necessary to
    20     punish misconduct and to deter future violations, which
    21     penalties may not exceed $10,000 in the case of any
    22     individual licensee, except that in the case of a casino
    23     licensee the penalty may not exceed $50,000;
    24         (6)  order restitution of any moneys or property
    25     unlawfully obtained or retained by a licensee;
    26         (7)  enter a cease and desist order which specifies the
    27     conduct which is to be discontinued, altered or implemented
    28     by the licensee;
    29         (8)  issue letters of reprimand or censure, which letters
    30     shall be made a permanent part of the file of each licensee
    19790S0318B0322                 - 120 -

     1     so sanctioned; or
     2         (9)  impose any or all of the foregoing sanctions in
     3     combination with each other.
     4  Section 820.  Imposition of sanctions; standards.
     5     In considering appropriate sanctions in a particular case,
     6  the commission shall consider:
     7         (1)  the risk to the public and to the integrity of
     8     gaming operations created by the conduct of the licensee;
     9         (2)  the seriousness of the conduct of the licensee, and
    10     whether the conduct was purposeful and with knowledge that it
    11     was in contravention of the provisions of this act or
    12     regulations promulgated hereunder;
    13         (3)  any justification or excuse for such conduct by the
    14     licensee;
    15         (4)  the prior history of the particular licensee
    16     involved with respect to gaming activity;
    17         (5)  the corrective action taken by the licensee to
    18     prevent future misconduct of a like nature from occurring;
    19         (6)  in the case of a monetary penalty, the amount of the
    20     penalty in relation to the severity of the misconduct and the
    21     financial means of the licensee. The commission may impose
    22     any schedule or terms of payment of such penalty as it may
    23     deem appropriate; and
    24         (7)  it shall be no defense to a disciplinary action
    25     before the commission that an applicant, licensee,
    26     registrant, intermediary company, or holding company
    27     inadvertently, unintentionally, or unknowingly violated a
    28     provision of this act. Such factors shall only go the degree
    29     of the penalty to be imposed by the commission, and not to a
    30     finding of a violation itself.
    19790S0318B0322                 - 121 -

     1                             CHAPTER 9
     2                      MISCELLANEOUS PROVISIONS
     3  Section 901.  Declaration of Commonwealth's exemption from
     4                operation of provisions of 15 U.S.C. § 1172.
     5     Pursuant to 15 U.S.C. § 1172, the Commonwealth of
     6  Pennsylvania, acting by and through the duly elected and
     7  qualified members of its General Assembly, does hereby, in
     8  accordance with and in compliance with the provisions of such
     9  section, declare and proclaim that it is exempt from the
    10  provisions of section 2 of said act of Congress.
    11  Section 902.  Legal shipments of gaming devices into
    12                Pennsylvania.
    13     All shipments into this Commonwealth of gaming devices,
    14  including slot machines, the registering, recording and labeling
    15  of which has been duly had by the manufacturer or dealer thereof
    16  in accordance with 15 U.S.C. § 1173 and 1174, shall be deemed
    17  legal shipments thereof into this Commonwealth.
    18  Section 903.  Severability and preemption.
    19     (a)  If any clause, sentence, subparagraph, paragraph,
    20  subsection, section, chapter or other portion of this act or the
    21  application thereof to any person or circumstances shall be held
    22  to be invalid, such holding shall not affect, impair or
    23  invalidate the remainder of this act or the application of such
    24  portion held invalid to any other person or circumstances, but
    25  shall be confined in its operation to the clause, sentence,
    26  paragraph, subparagraph, paragraph, subsection, section, chapter
    27  or other portion thereof directly involved in such holding or to
    28  the person or circumstance therein involved.
    29     (b)  If any provision of this act is inconsistent with, in
    30  conflict with, or contrary to any other provision of law, such
    19790S0318B0322                 - 122 -

     1  provision of this act shall prevail over such other provision
     2  and such other provision shall be deemed to be amended,
     3  superseded or repealed to the extent of such inconsistency or
     4  conflict. Notwithstanding the provisions of any other law to the
     5  contrary, no local government unit of this Commonwealth may
     6  enact or enforce any ordinance or resolution conflicting with
     7  any provision of this act or with any policy of this
     8  Commonwealth expressed or implied herein, whether by exclusion
     9  or inclusion. The commission shall have exclusive jurisdiction
    10  over all matters delegated to it or within the scope of its
    11  powers under the provisions of this act.
    12  Section 904.  Equal employment opportunity; requirements of
    13                license.
    14     (a)  Each applicant at the time of submitting architectural
    15  plans or site plans to the commission for approval of proposed
    16  construction, renovation or reconstruction of any structure or
    17  facility to be used as an approved hotel or casino shall
    18  accompany same with a written guaranty that all contracts and
    19  subcontracts to be awarded in connection therewith shall contain
    20  appropriate provisions by which contractors and subcontractors
    21  or their assignees agree to afford an equal employment
    22  opportunity to all prospective employees and to all actual
    23  employees to be employed by the contractor or subcontractor in
    24  accordance with an affirmative action program approved by the
    25  commission and consonant with the provisions of the act of
    26  October 27, 1955 (P.L.744, No.222), as amended, known as the
    27  "Pennsylvania Human Relations Act."
    28     (b)  No license shall be issued by the commission to any
    29  applicant, including a casino service industry as defined in
    30  this act, who has not agreed to afford an equal employment
    19790S0318B0322                 - 123 -

     1  opportunity to all prospective employees in accordance with an
     2  affirmative-action program approved by the commission and
     3  consonant with the provisions of the "Pennsylvania Human
     4  Relations Act."
     5     (c)  Each applicant shall formulate for commission approval
     6  and abide by an affirmative-action program of equal opportunity
     7  whereby the applicant guarantees to provide equal employment
     8  opportunity to rehabilitated offenders eligible for employment
     9  under this act and members of minority groups qualified for
    10  licensure in all employment categories, including the
    11  handicapped, in accordance with the provisions of the
    12  "Pennsylvania Human Relations Act," except in the case of the
    13  mentally handicapped, if it can be clearly shown that such
    14  handicap would prevent such person from performing a particular
    15  job.
    16     (d)  Any license issued by the commission in violation of
    17  this section shall be null and void.
    18  Section 905.  Equal employment opportunity; enforcement by the
    19                commission.
    20     The commission, in addition to and without limitation of
    21  other powers which it may have by law, shall have the following
    22  powers:
    23         (1)  to investigate and determine the percentage of
    24     population of minority groups in the Commonwealth or in areas
    25     thereof from which the work force for the licensee is or may
    26     be drawn;
    27         (2)  to establish and promulgate such percentages as
    28     guidelines in determining the adequacy of affirmative-action
    29     programs submitted for approval pursuant to the provisions of
    30     section 904;
    19790S0318B0322                 - 124 -

     1         (3)  to impose such sanctions as may be necessary to
     2     accomplish the objectives of section 904;
     3         (4)  to refer to the Pennsylvania Human Relations
     4     Commission circumstances which may constitute violation of
     5     the "Pennsylvania Human Relations Act";
     6         (5)  to enforce in a court of law the provisions of
     7     section 904 or to join in or assist any enforcement
     8     proceeding initiated by any aggrieved person; and
     9         (6)  to require the designation by a licensee of an equal
    10     employment officer to enforce the provisions of section 904
    11     and this section and the regulations promulgated hereunder.
    12  Section 906.  Facilities for the handicapped.
    13     All hotels and other facilities of a casino licensee, which
    14  are public accommodations and are subject to the regulatory
    15  powers of the commission under this act, shall be constructed or
    16  renovated to conform with the provisions of the act of September
    17  1, 1965 (P.L.459, No.235), as amended, relating to standards and
    18  specifications to make certain buildings accessible to the
    19  physically handicapped and regulations issued by the Department
    20  of Labor and Industry.
    21  Section 907.  Early settlement dates and certain transfers of
    22                gaming property prohibited.
    23     When any person contracts to sell or lease any property or
    24  interest in property, real or personal, under circumstances
    25  which require the approval or licensing of the purchaser or
    26  lessee by the commission, the contract shall not specify a
    27  settlement or closing date for the transaction which is earlier
    28  than the ninety-first day after the date of submission of the
    29  completed application for such approval or licensing. Any
    30  provision of such a contract which specifies an earlier
    19790S0318B0322                 - 125 -

     1  settlement or closing date is void for all purposes, but such
     2  invalidity shall not affect the validity of any other provision
     3  of the contract.
     4  Section 908.  Prohibited political contributions.
     5     No applicant for or holder of a casino license, nor any
     6  holding, intermediary or subsidiary company thereof, nor any
     7  officer, director, casino key employee or principal employee of
     8  an applicant for or holder of a casino license or of any
     9  holding, intermediary or subsidiary company thereof nor any
    10  person or agent on behalf of any such applicant, holder, company
    11  or person, shall directly or indirectly, pay or contribute any
    12  money or thing of value to any candidate for nomination or
    13  election to any public office in this Commonwealth, or to any
    14  committee of any political party in this Commonwealth, or to any
    15  group, committee or association organized in support of any such
    16  candidate or political party.
    17                             CHAPTER 10
    18                           FEES AND TAXES
    19  Section 1001.  Casino license fees.
    20     (a)  The commission shall, by regulation, establish annual
    21  fees for the issuance or renewal of casino licenses. The
    22  issuance fee shall be based upon the cost of investigation and
    23  consideration of the license application and shall be not less
    24  than $200,000. The renewal fee shall be based upon the cost of
    25  maintaining control and regulatory activities contemplated by
    26  this act and shall be not less than $100,000 annually.
    27     (b)  The Attorney General shall certify to the commission
    28  actual and prospective costs of the investigative and
    29  enforcement functions of the bureau, which costs shall be the
    30  basis, together with the operating expenses of the commission,
    19790S0318B0322                 - 126 -

     1  for the establishment of annual license issuance and renewal
     2  fees.
     3     (c)  A nonrefundable deposit of at least $100,000 shall be
     4  required to be posted with each application for a casino license
     5  and shall be applied to the initial license fee if the
     6  application is approved.
     7  Section 1002.  License fee on slot machines.
     8     (a)  In addition to any other tax or fee imposed by this act,
     9  there is also hereby imposed an annual license fee of $200 upon
    10  every slot machine which is subject to the occupational tax on
    11  coin-operated devices under the provisions of the Federal
    12  Internal Revenue Code of 1954 and the amendments thereof and
    13  supplements thereto.
    14     (b)  License fees imposed under the provisions of this
    15  section shall be imposed as of the first day of July of each
    16  year, with regard to all slot machines in use on that date, and
    17  on a pro rata basis thereafter during the year with regard to
    18  all slot machines placed in use after July 1.
    19  Section 1003.  License fees for other than casino licenses.
    20     The commission shall, by regulation, establish annual fees
    21  for the issuance and renewal of licenses other than casino
    22  licenses, which fees shall be payable by the licensee.
    23  Section 1004.  Work permit fee.
    24     The commission shall, by regulation, establish annual fees
    25  for the issuance and renewal of work permits for the various
    26  classes of employees, which fees shall be payable by the
    27  employer licensee.
    28  Section 1005.  Casino Control Fund.
    29     (a)  There is hereby created and established in the
    30  Commonwealth Treasury a separate special account to be known as
    19790S0318B0322                 - 127 -

     1  the "Commonwealth Casino Control Fund," into which shall be
     2  deposited all license fee revenues imposed by this chapter.
     3     (b)  Moneys in the Commonwealth Casino Control Fund shall be
     4  appropriated exclusively for the operating expenses of the
     5  commission and the bureau.
     6  Section 1006.  Tax on gross revenues.
     7     (a)  There is hereby imposed an annual tax on gross revenues
     8  as hereinbefore defined in the amount of 8% of such gross
     9  revenues.
    10     (b)  Commencing with the third annual tax return of a
    11  licensee and based upon a determination that in said return or
    12  any annual return thereafter the gross revenue of a licensee in
    13  the calendar year upon which the tax is based exceeds the
    14  cumulative investments in this Commonwealth of said licensee as
    15  of that year, such licensee shall make investments in an amount
    16  not less than 2% of the gross revenue for said calendar year
    17  within a period of five years from the end of said calendar
    18  year. Investments required as a result of any of the five annual
    19  tax returns commencing with the third annual tax return shall be
    20  made in the municipality in which the licensed premises are
    21  located. Not less than 50% of investments required as a result
    22  of any annual tax return subsequent to the seventh such return
    23  shall be made in any other municipality of this Commonwealth.
    24     All investments and cumulative investments made pursuant to
    25  this chapter shall be subject to a determination by the
    26  commission as to the eligibility of such investments. In
    27  determining eligibility, the commission shall consider the
    28  public interest, including the social and economic benefits to
    29  be derived from such investments for the people of this
    30  Commonwealth.
    19790S0318B0322                 - 128 -

     1     (c)  For the purposes of this chapter, "investments" means
     2  equity investments in land and real property on which
     3  improvements are made and in real property improvements. For the
     4  purposes of this chapter, "cumulative investments" means
     5  investments in and debt financing of the licensed premises, plus
     6  other investments in and debt financing of land and real
     7  property on which improvements are made and real property
     8  improvements; provided, however, that the investments and debt
     9  financing not associated with the licensed premises have been
    10  made subsequent to July 6, 1976. Real property and real property
    11  improvements sold or otherwise disposed of by the licensee shall
    12  not be included for the purposes of determining cumulative
    13  investments.
    14     (d)  For the purposes of satisfying the amount of investments
    15  in any given year and of determining cumulative investments as
    16  of any given year, pursuant to subsection (b), actual monetary
    17  contributions shall be included if the commission determines
    18  that such contributions directly relate to the improvement,
    19  furtherance, and promotion of the tourist industry in this
    20  Commonwealth through the planning, acquisition, construction,
    21  improvement, maintenance, and operation of recreational and
    22  entertainment facilities for the public, including, without
    23  limitation, a performing arts center.
    24     (e)  In the event that the investments required in subsection
    25  (b) are not made within the time set forth therein, there shall
    26  be imposed an investment alternative tax in an amount equivalent
    27  to 2% of gross revenue, which tax shall be added to the tax
    28  determined under subsection (a) and shall be due and payable in
    29  accordance with this section. For purposes of determining
    30  whether the investment alternative tax shall be paid, the State
    19790S0318B0322                 - 129 -

     1  Treasurer shall certify, under such rules and regulations as he
     2  shall promulgate consistent with the provisions of this chapter,
     3  the amount of cumulative investments made by each licensee. In
     4  the event of the sale or other disposition of the licensed
     5  premises, any investment obligation imposed by subsection (b),
     6  which is not satisfied shall be immediately deemed due and
     7  payable as investment alternative tax, and said amount shall
     8  constitute a lien upon the licensed premises until paid,
     9  together with interest at the rate of 6% per annum.
    10     (f)  The commission shall promulgate rules and regulations
    11  consistent with the provisions of this chapter as to the
    12  eligibility of the investments and cumulative investments
    13  required by this chapter.
    14  Section 1007.  Commonwealth Casino Revenue Fund.
    15     (a)  There is hereby created and established in the
    16  Commonwealth Treasury a separate special account to be known as
    17  the "Commonwealth Casino Revenue Fund," into which shall be
    18  deposited all revenues from the tax imposed by section 1006.
    19     (b)  The commission shall require at least monthly deposits
    20  by the licensee of the tax at such times, under such conditions,
    21  and in such depositories as shall be prescribed by the State
    22  Treasurer. The deposits shall be deposited to the credit of the
    23  Commonwealth Casino Revenue Fund. The commission may require a
    24  monthly report and reconciliation statement, to be filed with it
    25  on or before the tenth day of each month, with respect to gross
    26  revenues and deposits received and made, respectively, during
    27  the preceding month.
    28     (c)  Moneys in the Commonwealth Casino Revenue Fund shall be
    29  appropriated, exclusively for reductions in property taxes,
    30  rentals, telephone, gas, electric, and municipal utilities
    19790S0318B0322                 - 130 -

     1  charges of eligible senior citizens and disabled residents of
     2  the Commonwealth as shall be provided by law.
     3  Section 1008.  Payment of taxes.
     4     The tax imposed under section 1006 hereof shall be due and
     5  payable annually on or before March 15 and shall be based upon
     6  gross revenues derived during the previous calendar year. A
     7  licensee shall file its first return and shall report gross
     8  revenues from the time it commenced operations and ending on the
     9  last day of said calendar year. Such report shall be filed with
    10  the commission on or before the following March 15.
    11  Section 1009.  Determination of tax liability.
    12     If a return or deposit required by section 1007 is not filed
    13  or paid, or if a return or deposit when filed or paid is
    14  incorrect or insufficient in the opinion of the State Treasurer,
    15  the amount of tax due or deposit shall be determined by the
    16  State Treasurer from such information as may be available.
    17  Notice of such determination shall be given to the licensee
    18  liable for the payment of the tax or deposit. Such determination
    19  shall finally and irrevocably fix the tax unless the person
    20  against whom it is assessed, within 30 days after receiving
    21  notice of such determination, shall apply to the State Treasurer
    22  for a hearing, or unless the State Treasurer on his own motion
    23  shall redetermine the same. After such hearing the State
    24  Treasurer shall give notice of his determination to the person
    25  against whom the tax is assessed.
    26  Section 1010.  Penalties.
    27     (a)  Any licensee who shall fail to file his return when due
    28  or to pay any tax or deposit when the same becomes due, as
    29  herein provided, shall be subject to such penalties and interest
    30  as are provided for in section 403 of the act of March 4, 1971
    19790S0318B0322                 - 131 -

     1  (P.L.6, No.2), as amended, known as the "Tax Reform Code of
     2  1971." If the State Treasurer determines that the failure to
     3  comply with any provision of this chapter was excusable under
     4  the circumstances, he may remit such part or all of the penalty
     5  as shall be appropriate under such circumstances.
     6     (b)  Any person failing to file a return, failing to pay the
     7  tax or deposit, or filing or causing to be filed, or making or
     8  causing to be made, or giving or causing to be given any return,
     9  certificate, affidavit, representation, information, testimony
    10  or statement required or authorized by this act, or rules or
    11  regulations adopted hereunder which is willfully false, or
    12  failing to keep any records required by this act or rules and
    13  regulations adopted hereunder, shall, in addition to any other
    14  penalties herein or elsewhere prescribed, be guilty of a
    15  misdemeanor and subject to not more than three years
    16  imprisonment or a fine of $100,000 or both.
    17     (c)  The certificate of the State Treasurer to the effect
    18  that a tax or deposit has not been paid, that a return has not
    19  been filed, that information has not been supplied, or that
    20  inaccurate information has been supplied pursuant to the
    21  provisions of this act or rules or regulations adopted
    22  hereunder, shall be presumptive evidence thereof.
    23     (d)  If any part of any underpayment of tax required to be
    24  shown on a return is due to fraud, there shall be added to the
    25  tax an amount equal to 50% of the underpayment.
    26  Section 1011.  Forms.
    27     In addition to the other powers granted by this act, the
    28  commission is hereby authorized and empowered to promulgate and
    29  distribute all forms and returns necessary to the implementation
    30  of this act.
    19790S0318B0322                 - 132 -

     1                             CHAPTER 11
     2                 APPROPRIATIONS AND EFFECTIVE DATE
     3  Section 1101.  Appropriations.
     4     (a)  There is hereby appropriated the sum of $800,000 or as
     5  much thereof as may be necessary for initial expenses of the
     6  commission.
     7     (b)  There is hereby appropriated the sum of $3,300,000 or as
     8  much thereof as may be necessary to the Department of Justice
     9  for the operating expenses of the bureau and other agencies
    10  directly related to the enforcement of this act.
    11     (c)  The sums hereinabove appropriated shall be repaid to the
    12  General Fund from the first proceeds received in the
    13  Commonwealth Casino Control Fund during the first six years of
    14  its operation.
    15  Section 1102.  Effective date.
    16     This act shall take effect immediately.










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