PENNSYLVANIA GAMING CONTROL BOARD
[58 PA. CODE CHS. 401, 463 and 465]
Temporary Regulations; Possession of Slot Machines
[36 Pa.B. 1577]
Under the Pennsylvania Gaming Control Board's (Board) Resolution No. 2005-3 REG, entitled Adoption of Temporary Regulations, dated June 16, 2005, and Resolution No. 2006-2 REG, entitled Adoption of Temporary Regulations for Accounting and Internal Controls Regulations, dated February 2, 2006, the Board has the authority to amend the temporary regulations, adopted on June 16, 2005, and February 2, 2006, as it deems necessary in accordance with the purpose of the act of July 5, 2004 (P. L. 572, No. 71) (Act 71) and to further the intent of Act 71. Therefore, the Board has decided to make editorial changes to the temporary regulations, dated June 16, 2005, and February 2, 2006, as deposited with the Legislative Reference Bureau (Bureau) and published at 35 Pa.B. 4045 (July 15, 2005) and 36 Pa.B. 910 (February 18, 2006).
Therefore, the Board has deposited with the Bureau amendments to §§ 401.4, 463.1, 463.5, 465.3 and 465.10. The amendments are effective as of March 16, 2006.
The temporary regulations of the Board, Chapters 401, 463 and 465, are amended by amending §§ 401.4, 463.1, 463.5, 465.3 and 465.10 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
The Board, acting under the authorizing statute, orders that:
(a) The Board, acting under the authority of the Act 71, adopts the amendments to the temporary regulations, adopted by resolution at the February 28, 2006, public meeting. The amendments to the temporary regulations pertain to definitions and the bond or letter of credit requirements.
(b) The following temporary regulations of the Board, 58 Pa. Code Chapter 401, 463 and 465, are amended: §§ 401.4, 463.1, 463.5, 465.3 and 465.10 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(c) These amendments are effective on March 16, 2006.
(d) The amendments to the temporary regulations will be posted in their entirety on the Board's website and in the Pennsylvania Bulletin.
(e) The Chairperson of the Board shall certify the preceding order and deposit the regulations with the Bureau as required by law.
THOMAS A. DECKER,
Fiscal Note: 125-18. No fiscal impact; (8) recommends adoption.
TITLE 58. RECREATION
PART VII. GAMING CONTROL BOARD
Subpart A. GENERAL PROVISIONS
CHAPTER 401. PRELIMINARY PROVISIONS
§ 401.4. Definitions.
The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise:
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Credential--A form of identification approved and issued by the Board for all persons to whom the Board has issued a license, permit or registration.
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Subpart E. SLOT MACHINE TESTING, CERTIFICATION AND CONTROL
CHAPTER 463. POSSESSION OF SLOT MACHINES
§ 463.1. Possession of slot machines generally.
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(b) The following persons and any employee or agent acting on their behalf may, subject to any terms and conditions imposed by the Board, possess slot machines in this Commonwealth for the purposes described herein provided that the slot machines are stored in a secure location as shall be specifically approved in writing by the Board and that any slot machines located outside of a licensed facility not be used for gambling activity:
(1) An applicant for, or holder of a slot machine license, for the purpose of maintaining for use, training or actually using the machines in the operation of a licensed facility.
(2) The holder of:
(i) A manufacturer license for the purpose of manufacturing, exhibiting, demonstrating, training, or preparing for transfer to a supplier licensee.
(ii) A supplier license for the purpose of distributing, repairing, servicing, exhibiting or demonstrating slot machines and any training with regard thereto.
(3) An educational institution, as authorized in writing by the Board, for the purpose of teaching slot machine design, operation, repair or servicing.
(4) A manufacturer or supplier of slot machines not licensed within this Commonwealth, as authorized in writing by the Board, for the limited purpose of temporary exhibition or demonstration of same.
(5) A common carrier, for the purpose of transporting slot machines in accordance with § 463.2 (relating to the transportation of slot machines into, within and out of this Commonwealth).
(6) An employee or agent of the Board, the Pennsylvania State Police or any law enforcement agency of the Commonwealth for the purpose of fulfilling official duties or responsibilities.
(7) Other persons authorized in writing by the Board upon a finding that the possession of slot machines by those persons in this Commonwealth is not contrary to the goals and objectives of the act.
§ 463.5. Slot machine master list.
(a) Prior to the commencement of operations at a licensed facility, each applicant for, or holder of, a slot machine license shall file with the Board's Director of Gaming Laboratory Operations, in writing or in an electronic format approved by the Board, a comprehensive list of slot machines possessed by the applicant or licensee on its gaming floor, in Board-approved restricted areas off the gaming floor but within the licensed facility, and in Board-approved storage locations in this Commonwealth off the premises of the licensed facility. The list shall be denoted as a Slot Machine Master List and contain the following information which, for those slot machines located on the gaming floor, shall be presented for each slot machine in consecutive order by the slot machine location number under § 463.3 (relating to slot machine location):
(1) The date the list was prepared.
(2) A description of each slot machine by:
(i) Asset number and model and manufacturer's serial number.
(ii) Denomination, if configured for multiple denominations so designate.
(iii) Manufacturer and machine type, noting with specificity whether the machine is a high-boy, is a progressive or a wide area progressive slot machine.
(iv) An indication as to whether the slot machine is configured to communicate with a cashless funds transfer system.
(v) An indication as to whether the slot machine is configured to communicate with a gaming voucher system.
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(d) On the first Tuesday of each month following the initial filing of a Slot Machine Master List, each applicant for, or holder of, a slot machine license shall file with the Board's Director of Gaming Laboratory Operations, in writing or in an electronic format as approved by the Board, an updated Slot Machine Master List documenting all slot machines possessed by the applicant or licensee on its gaming floor, in Board-approved restricted areas off the gaming floor but within the licensed facility, and in Board-approved storage locations in this Commonwealth off the premises of the licensed facility. The updated list must be in a form, and contain the information, required in subsection (a).
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CHAPTER 465. ACCOUNTING AND INTERNAL CONTROLS
§ 465.3. Internal control systems and audit protocols.
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(e) The Board, in consultation with the Department, will review each initial submission made under subsection (a) and determine whether it conforms to the requirements of the act and this part and provides adequate and effective controls for the operation of slot machines at a licensed facility. A slot machine licensee is prohibited from commencing gaming operations until its system of internal controls is approved by the Board.
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§ 465.10. Surveillance system; surveillance department control; surveillance department restrictions.
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(c) The surveillance system required in this section must include the following:
(1) Light sensitive cameras with lenses of sufficient magnification to allow the operator to read information on a slot machine reel strip and credit meter and equipped with 360° pan, tilt and zoom capabilities, without camera stops, to effectively and clandestinely monitor in detail and from various vantage points, the following:
(i) The gaming conducted at the slot machines in the licensed facility.
(ii) The operations conducted at and in the cashiers' cage, any satellite cage and any ancillary office adjacent or proximate thereto.
(iii) The operations conducted at automated bill breaker, gaming voucher redemption, coupon redemption and jackpot payout machines.
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(e) In addition to any other requirements imposed by this section, a slot machine licensee's surveillance system must be required to continuously record, during the appropriate times and in the manner indicated in this subsection, transmissions from cameras used to observe the following locations, persons, activities or transactions:
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(2) The main bank, vault, any satellite cage and other areas as shall be required by the Board.
(3) The collection of slot cash storage boxes.
(4) Any armored car collection or delivery.
(5) Automated bill breaker, gaming voucher redemption, coupon redemption and jackpot payout machines whenever the machines are opened for replenishment or other servicing.
(f) Each slot machine licensee shall maintain a surveillance log of all surveillance activities in the monitoring room. The log shall be maintained by monitoring room personnel in a book with bound numbered pages that cannot be readily removed or shall be maintained in an electronic format the Board approves. The log shall be stored and retained in accordance with § 465.7 (relating to retention, storage and destruction of books, records and documents). The following information shall be recorded in a surveillance log:
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(4) The time at which each video recording is commenced and terminated, if different than when surveillance commenced or terminated.
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[Pa.B. Doc. No. 06-558. Filed for public inspection March 31, 2006, 9:00 a.m.]
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