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PA Bulletin, Doc. No. 10-1081

RULES AND REGULATIONS

PENNSYLVANIA GAMING CONTROL BOARD

[ 58 PA. CODE CHS. 523, 529, 535 AND 561 ]

Table Game Equipment, Licensing and Rules Amendments; Temporary Regulations

[40 Pa.B. 3109]
[Saturday, June 12, 2010]

 The Pennsylvania Gaming Control Board (Board), under its general authority in 4 Pa.C.S. § 1303A (relating to temporary table game regulations) enacted by the act of January 7, 2010 (P. L. 1, No. 1) (Act 1) and the specific authority in 4 Pa.C.S. §§ 1302A(1), (2) and (5), and 1317.1 (relating to regulatory authority; and manufacturer licenses), amends temporary regulations in Chapters 523, 529, 535 and 561 (relating to table game equipment; general licensing requirements; Pai Gow; and Pai Gow Poker) to read as set forth in Annex A. The Board's temporary regulations will be added to Part VII (relating to Gaming Control Board) as part of Subpart K (relating to table games).

Purpose of the Temporary Rulemaking

 This temporary rulemaking amends the rules for table game equipment and licensing requirements and the rules for the games of Pai Gow and Pai Gow Poker to provide additional clarity and operating flexibility for certificate holders and manufacturers, manufacturer designees and suppliers.

Explanation of Chapters 523, 529, 535 and 561

 In § 523.1 (relating to definitions), a definition of ''RFID chip'' has been added.

 In § 523.8(a) (relating to additional sets of gaming chips), the Board added language to clarify that a certificate holder may use a different shade of a primary color on its back-up value chips. This will make it easier to distinguish the back-up chips from the value chips in the primary set. Subsection (b) has also been amended to make it clear that a certificate holder is only required to have one set of reserve nonvalue chips, regardless of how many Roulette tables are on the gaming floor.

 Additionally, subsection (h) has been added which will allow certificate holders an opportunity to file a waiver request to not have to have back-up value or nonvalue chips if their primary chips are radio-frequency (RFID) chips. Because it is much more difficult to counterfeit RFID chips, depending on how the technology is deployed, it may reduce or eliminate the need for the back-up sets of chips.

 Section 523.13(o) (relating to dice; receipt, storage, inspections and removal from use) has been amended by replacing ''and'' with ''or'' to make it clear that the certificate holder may either cancel used dice by drilling a hole in them or destroy the used dice by shredding them; they do not need to do both.

 Section 529.1(b)(2) (relating to table games devices—conditional licenses) has been amended to allow entities that are currently certified gaming service providers to apply for a conditional manufacturer's, manufacturer's designee or supplier's license so that they may continue to provide equipment and services in this Commonwealth. Act 1 expanded the definition of ''associated equipment'' so that some entities that are currently certified gaming service providers will now have to obtain a license. Allowing these entities to apply for a conditional license will minimize disruption in their ability to continue to provide goods and services to certificate holders.

 In §§ 535.2 and 561.2 (relating to Pai Gow table; Pai Gow shaker; physical characteristics; and Pai Gow Poker table; Pai Gow Poker shaker; physical characteristics), the provisions requiring the numbering of player positions have been amended to allow more flexibility as to how the positions are numbered. This will allow certificate holders to option of not using numbers that are thought to be unlucky.

Affected Parties

 The amendments in this temporary rulemaking will affect how certificate holders may conduct table games at their licensed facilities. It will also allow certified gaming service providers, who will now be regulated as manufacturers, manufacturer designees or suppliers, to apply for a conditional manufacturer's license so that they may continue to provide equipment and services in this Commonwealth.

Fiscal Impact

Commonwealth

 The Board does not expect that the amendments in this temporary rulemaking will have any fiscal impact on the Board or any other Commonwealth agency.

Political subdivisions

 This temporary rulemaking will not have direct fiscal impact on political subdivisions of the Commonwealth. Eventually, host municipalities and counties will benefit from the local share funding that is mandated by Act 1.

Private sector

 The amendments in this temporary rulemaking will give certificate holders some additional flexibility as to what equipment they may use. This may result in some cost savings but these savings are not expected to be significant.

 Currently certified gaming service providers who are now required to be licensed as a manufacturer, manufacturer designee or supplier will be able to apply for a conditional license which will allow them to continue to provide equipment and services to certificate holders.

General public

 This temporary rulemaking will have no direct fiscal impact on the general public.

Paperwork Requirements

 A certificate holder who wants to use RFID chips and not have the back-up sets of chips required under § 523.8(a) or (b) will have to file a waiver request using the normal petition process.

Effective Date

 This temporary rulemaking will become effective upon publication in the Pennsylvania Bulletin.

Public Comments

 While this temporary rulemaking will be effective upon publication, the Board is seeking comments from the public and affected parties as to how the temporary regulations might be improved. Interested persons are invited to submit written comments, suggestions or objections regarding this temporary rulemaking within 30 days after the date of publication in the Pennsylvania Bulletin to Richard Sandusky, Director of Regulatory Review, Pennsylvania Gaming Control Board, P. O. Box 69060, Harrisburg, PA 17106-9060, Attention: Public Comment on Regulation #125-122.

Contact Person

 The contact person for questions about this temporary rulemaking is Richard Sandusky, Director of Regulatory Review, (717) 214-8111.

Regulatory Review

 Under 4 Pa.C.S. § 1303A, the Board is authorized to adopt temporary regulations which are not subject to the provisions of sections 201—205 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201—1208), known as the Commonwealth Documents Law (CDL), the Regulatory Review Act (71 P. S. §§ 745.1—745.12); and sections 204(b) and 301(10) of the Commonwealth Attorneys Act (71 P. S. §§ 732-204(b) and 732-301(10)). These temporary regulations expire 2 years after publication in the Pennsylvania Bulletin.

Findings

 The Board finds that:

 (1) Under 4 Pa.C.S. § 1303A, the temporary regulations are exempt from the requirements of the Regulatory Review Act, sections 201—205 of the CDL and sections 204(b) and 301(10) of the Commonwealth Attorney's Act.

 (2) The adoption of the temporary regulations is necessary and appropriate for the administration and enforcement of 4 Pa.C.S. Part II (relating to gaming).

Order

 The Board, acting under 4 Pa.C.S. Part II, orders that:

 (1) The regulations of the Board, 58 Pa. Code Chapters 523, 529, 535 and 561, are amended by amending §§ 523.1, 523.8, 523.13, 529.1, 535.2 and 561.2 to read as set forth in Annex A.

 (2) The temporary regulations are effective June 12, 2010.

 (3) The temporary regulations will be posted on the Board's web site and published in the Pennsylvania Bulletin.

 (4) The temporary regulations shall be subject to amendment as deemed necessary by the Board.

 (5) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.

GREGORY C. FAJT, 
Chairperson

Fiscal Note: 125-122. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART VII. GAMING CONTROL BOARD

Subpart K. TABLE GAMES

CHAPTER 523. TABLE GAME EQUIPMENT

§ 523.1. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

Chip runner—An employee of a certificate holder whose job duties include transporting cash to the Poker room cage or the Poker cashier window at the main cage for dealers or patrons of the Poker room to be exchanged for value chips.

Edge—The surface of a gaming chip across which its thickness can be measured in a perpendicular line from one face to the other.

Edge spot—An identifying characteristic used on the edge of each value chip issued by a certificate holder.

Face—Each of the two surfaces of a gaming chip across which the diameter of the gaming chip can be measured.

Nonvalue chip—A gaming chip which does not contain a denomination on either face which is used for wagering at the game of Roulette.

Primary color—The predominant color used on a value chip.

RFID chip—A value or nonvalue chip which contains a radio-frequency identification tag which can be used to determine the authenticity of the chip.

Secondary color—Any color, other than that value chip's primary color, on the face or edge of the value chip that is used as a contrast to the value chip's primary color.

Tournament chip—A gaming chip used for wagering in a table game tournament or Poker tournament.

Value chip—A gaming chip which contains a denomination on each face.

§ 523.8. Additional sets of gaming chips.

 (a) Within 120 days of the commencement of table games at a licensed facility, the certificate holder shall also have at least one approved set of value gaming chips that may be used as a back-up for the $25, $100 and $500 value gaming chips in active use. Each back-up set of value chips maintained for use by a certificate holder must have secondary colors that are different from the secondary colors of the value chips in active use and may use a different shade of the primary color. All back-up sets of value chips must conform to the color and design requirements in this chapter.

 (b) Each certificate holder shall have at least one reserve set of nonvalue chips for each color utilized in the licensed facility with a design insert or symbol different from the nonvalue chips comprising the primary sets. All back-up sets of nonvalue chips must conform to the color and design requirements contained in this chapter.

 (c) A certificate holder shall notify the Bureau of Gaming Operations within 24 hours of the discovery of counterfeit chips.

 (d) The certificate holder shall remove a set of gaming chips in use from active play whenever:

 (1) It is believed the licensed facility is taking on multiple counterfeit chips valued at $25 or more.

 (2) Any other impropriety or defect in the utilization of a set of chips makes removal of the chips in active use necessary.

 (3) The Board or its Executive Director directs that a set of chips be removed from active use.

 (e) An approved back-up set of value chips or a reserve set of nonvalue chips shall be placed into active play whenever an active set is removed.

 (f) Whenever a set of chips in active use is removed from play, the certificate holder shall immediately notify the Bureau of Gaming Operations of the removal and the reasons for the removal.

 (g) Each set of gaming chips that the Bureau of Gaming Operations approves for use by a certificate holder shall receive a unique and permanent alphabetical designation. This designation shall be assigned by the certificate holder during the design schematic approval process and be used for all inventory procedures required under § 523.11 (relating to receipt of gaming chips or plaques from a manufacturer or supplier; inventory, security, storage and destruction of chips and plaques).

 (h) If a certificate holder uses RFID chips for its value or nonvalue chips, the certificate holder may request that the Board waive the requirements in subsection (a) or (b) by filing a petition in accordance with § 493a.4 (related to petitions generally). The petition, at a minimum, must include:

 (1) A detailed description of the RFID technology and devices that will be used at the licensed facility.

 (2) A detailed description of how the RFID chips and related equipment will be used in the licensed facility.

 (3) A detailed explanation of how the use of the RFID chips and related equipment will reduce or eliminate the potential use of counterfeit gaming chips.

§ 523.13. Dice; receipt, storage, inspections and removal from use.

 (a) When dice for use in a licensed facility are received from a manufacturer or supplier, the dice shall, immediately following receipt, be unloaded under the supervision of at least two people, one of whom shall be an assistant table games shift manager or above and one employee from the security department, and transported to a secure area which is covered by the slot machine licensee's surveillance system. The boxes of dice shall then be inspected by an assistant table games shift manager or above and one employee from the security department to assure that the seals on each box are intact, unbroken and free from tampering. Boxes that do not satisfy these criteria shall be inspected at this time to assure that the dice contained therein conform to the requirements of this chapter and there is no evidence of tampering. Boxes satisfying these criteria, together with boxes having unbroken, intact and untampered seals shall then be placed for storage in a storage area, the location and physical characteristics of which shall be approved by the Bureau of Gaming Operations.

 (b) Dice which are to be distributed to gaming pits or tables for use in gaming shall be distributed from the approved storage area.

 (c) The approved storage area must have two separate locks. The security department shall maintain one key and the table games department shall maintain the other key. No person employed by the table games department below an assistant table games shift manager in the organization hierarchy may have access to the table games department key.

 (d) Immediately prior to the commencement of each gaming day and at other times as may be necessary, an assistant table games shift manager or above, in the presence of a security department employee, shall remove the appropriate number of dice for that gaming day from the approved storage area.

 (e) Envelopes and containers used in this section for dice preinspected at the pit stand or in the approved storage area and for those collected by the security department must be transparent.

 (1) The envelopes or containers and the method used to seal them shall be designed or constructed so that any tampering is evident.

 (2) The envelopes or containers and seals used shall be approved by the Bureau of Gaming Operations.

 (f) Dice shall be inspected and distributed to the gaming tables in accordance with one of the following applicable alternatives:

 (1) Alternative No. 1.

 (i) The assistant table games shift manager or above and the security department employee who removed the dice from the approved storage area shall distribute sufficient dice directly to the pit manager or above in each pit, or place them in a locked compartment in the pit stand, the keys to which shall be in the possession of the pit manager or above.

 (ii) Immediately upon opening a table for gaming, the pit manager or above shall distribute a set of dice to the table. At the time of receipt, a boxperson at each Craps table and the floorperson at each Pai Gow, Sic Bo or Mini-Craps table, in order to ensure that the dice are in a condition to assure fair play and otherwise conform to the requirements of this chapter, shall, in the presence of the dealer, inspect the dice given to him with a micrometer or other instrument approved by the Bureau of Gaming Operations which performs the same function, a balancing caliper, a steel set square and a magnet. These instruments shall be kept in a compartment at each Craps table or pit stand and shall be at all times readily available for use by the casino compliance representatives or other Board employees upon request. The inspection shall be performed on a flat surface which allows the dice inspection to be observed through the slot machine licensee's surveillance system and by any person in the immediate vicinity of the table.

 (iii) Following the inspection required by subparagraph (ii):

 (A) For Craps, the boxperson shall, in the presence of a dealer, place the dice in a cup on the table for use in gaming.

 (B) For Mini-Craps, the floorperson shall, in the presence of a dealer, place the dice in a cup on the table for use in gaming.

 (C) For Sic Bo, the floorperson shall, in the presence of the dealer, place the required number of dice into the shaker and seal or lock the shaker. The floorperson shall then secure the Sic Bo shaker to the table in the presence of the dealer who observed the inspection.

 (D) For Pai Gow, the floorperson shall, in the presence of the dealer, place the dice in the Pai Gow shaker.

 (iv) The pit manager or above shall place extra dice for the dice reserve in the pit stand. Dice in the pit stand shall be placed in a locked compartment, the keys to which shall be in the possession of the pit manager or above. No dice taken from the pit stand reserve may be used for actual gaming until the dice have been inspected in accordance with subparagraph (ii).

 (2) Alternative No. 2.

 (i) The assistant table games shift manager or above and the security department employee who removed the dice from the approved storage area shall distribute the dice directly to the following certificate holder's employees who will perform the inspection in each pit:

 (A) For Craps and Mini-Craps, a boxperson or floorperson in the presence of another boxperson or floorperson, both of whom are assigned the responsibility of supervising the operation and conduct of a Craps or Mini-Craps game.

 (B) For Sic Bo and Pai Gow, a floorperson, in the presence of another floorperson, both of whom are assigned the responsibility of supervising the operation and conduct of Sic Bo or Pai Gow games.

 (C) For storage of the dice for the dice reserve in the pit stand, to the pit manager or above.

 (ii) To ensure that the dice are in a condition to assure fair play and otherwise conform to the requirements of this chapter, the dice shall be inspected by one of the individuals listed in subparagraph (i)(A) or (B) with a micrometer or other instrument approved by the Bureau of Gaming Operations which performs the same function, a balancing caliper, a steel set square and a magnet. These instruments shall be kept at the pit stand and shall be at all times readily available for use by the casino compliance representatives or other Board employees upon request. The inspection shall be performed on a flat surface which allows the dice inspection to be observed through the slot machine licensee's surveillance system and by any persons in the immediate vicinity of the pit stand.

 (iii) After completion of the inspection, the dice shall be distributed as follows:

 (A) For Craps and Mini-Craps, the boxperson or floorperson who inspected the dice shall, in the presence of the other boxperson or floorperson who observed the inspection, distribute the dice to the boxperson assigned at each Craps table or to the floorperson assigned at each Mini-Craps table. The Craps boxperson or the Mini-Craps floorperson shall, in the presence of the dealer, place the dice in a cup on the table for use in gaming.

 (B) For Sic Bo, the floorperson who inspected the dice shall, in the presence of the other floorperson who observed the inspection, place the required number of dice into the shaker and seal or lock the shaker. The floorperson shall then secure the Sic Bo shaker to the table in the presence of the other floorperson who observed the inspection.

 (C) For Pai Gow, the floorperson who inspected the dice shall, in the presence of the other floorperson who observed the inspection, distribute the dice directly to the dealer at each Pai Gow table. The dealer shall immediately place the dice in the Pai Gow shaker.

 (iv) The pit manager or above shall place extra sets of dice for the dice reserve in the pit stand, as follows:

 (A) Dice in the pit stand shall be placed in a locked compartment, the keys to which shall be in the possession of the pit manager or above.

 (B) Except as otherwise provided in subparagraph (v), dice taken from the reserve in the pit stand shall be reinspected by a floorperson or above in the presence of another floorperson or above in accordance with the inspection procedures in subparagraph (ii), prior to their use for actual gaming.

 (v) Previously inspected reserve dice may be used for gaming without being reinspected if the dice are maintained in a locked compartment in the pit stand in accordance with the following procedures:

 (A) For Craps and Mini-Craps, a set of five dice, after being inspected, shall be placed in a sealed envelope or container. A label that identifies the date of inspection and contains the signatures of those responsible for the inspection shall be attached to the envelope or container.

 (B) For Sic Bo, three dice, after being inspected, shall be placed in a sealed envelope or container or sealed or locked in a Sic Bo shaker. A label or seal that identifies the date of inspection and contains the signatures of those responsible for the inspection shall, respectively, be attached to each envelope or container or placed over the area that allows access to open the Sic Bo shaker.

 (C) For Pai Gow, a set of three dice, after being inspected, shall be placed in a sealed envelope or container. A label that identifies the date of inspection and contains the signatures of those responsible for the inspection shall be attached to each envelope or container.

 (3) Alternative No. 3.

 (i) The inspection of dice for all table games shall take place in the approved storage area, in the presence of a floorperson or above, the assistant table games shift manager or above and a security department employee.

 (ii) Prior to starting the inspection of the dice, notice shall be provided to the certificate holder's surveillance department.

 (iii) The dice shall be inspected by the floorperson or above, the assistant table games shift manager or above or both of these individuals, with a micrometer or any other instrument approved by the Bureau of Gaming Operations which performs the same function, a balancing caliper, a steel set square and a magnet to ensure that the dice are in a condition to assure fair play and otherwise conform to the act and this part. These instruments shall be maintained in the approved storage area and shall be at all times readily available for use by the casino compliance representatives or other Board employees upon request.

 (iv) After completion of the inspection, the persons performing the inspection shall seal the dice as follows:

 (A) For Craps and Mini-Craps, after each set of five dice are inspected, the dice shall be placed in a sealed envelope or container. A label that identifies the date of the inspection and contains the signatures of those responsible for the inspection shall be attached to each envelope or container.

 (B) For Sic Bo, after each set of dice are inspected, three dice shall be sealed or locked in a manual shaker. A seal that identifies the date of the inspection and contains the signatures of those responsible for the inspection shall then be placed over the area that allows access to open the shaker.

 (C) For Pai Gow, after each set of three dice are inspected, the dice shall be placed in a sealed envelope, container or shaker. A label that identifies the date of the inspection and contains the signatures of those responsible for the inspection shall be attached to each envelope, container or shaker.

 (D) Reserve dice may be placed in individual sealed envelopes or containers. A label that identifies the date of the inspection and contains the signatures of those responsible for the inspection shall be attached to each envelope or container.

 (v) At the beginning of each gaming day and at other times as may be necessary, an assistant table games shift manager or above and a security department employee shall distribute the dice as follows:

 (A) For Craps and Mini-Craps, the sealed envelopes or containers of dice shall be distributed to a pit manager or above in each Craps or Mini-Craps pit or placed in a locked compartment in the pit stand by an assistant table games shift manager or above. When the sealed dice are distributed to a Craps or Mini-Craps table, a boxperson at a Craps table or a floorperson at a Mini-Craps table, after assuring the seals are intact and free from tampering, shall open the sealed envelope or container, in the presence of a dealer, and place the dice in a cup on the table for use in gaming.

 (B) For Sic Bo, the sealed manual shakers shall be distributed to the pit manager or above supervising the game or placed in a locked compartment in the pit stand. The pit manager or above, after assuring the seal on the shaker is intact and free from tampering shall then secure the manual Sic Bo shaker to the table in a manner approved by the Bureau of Gaming Operations.

 (C) For Pai Gow, the sealed envelope or container shall be distributed to a pit manager or above in a Pai Gow pit or placed in a locked compartment in the pit stand. When the sealed dice are distributed to the Pai Gow table by the pit manager or above, a floorperson, after assuring the seal and envelopes or containers are intact and free from tampering, shall open the sealed envelope or container, in the presence of the dealer, and place the dice in the Pai Gow shaker.

 (vi) When an envelope or container or seal is damaged, broken or shows indication of tampering, the dice in the envelope, container or shaker may not be used for gaming activity unless the dice are reinspected in accordance with paragraph (1) or (2).

 (vii) The pit manager or above shall place extra dice for the dice reserve in the pit stand. Dice in the pit stand shall be placed in a locked compartment, keys to which shall be in the possession of the pit manager or above.

 (viii) A micrometer or another instrument approved by the Bureau of Gaming Operations which performs the same function, a balancing caliper, a steel set square and a magnet shall also be maintained in a locked compartment in each pit stand. These instruments shall be at all times readily available for use by the casino compliance representatives or other Board employees upon request.

 (ix) The inspection of dice in the approved storage area in accordance with this alternative shall be performed on a flat surface which allows the dice inspection to be observed through the slot machine licensee's surveillance system.

 (g) A certificate holder shall remove any dice at any time of the gaming day and file a Dice Discrepancy Report as required under subsection (h) if there is any indication of tampering, flaws or other defects that might affect the integrity or fairness of the game, or at the request of a casino compliance representative.

 (h) At the end of each gaming day or at other times as may be necessary, a floorperson or above, other than the individual who originally inspected the dice, shall visually inspect each die that was used for play for evidence of tampering. Evidence of tampering discovered at this time or at any other time shall be immediately reported to the casino compliance representatives by the completion and delivery of a two-part Dice Discrepancy Report and the dice.

 (1) Dice showing evidence of tampering shall be placed in a sealed envelope or container.

 (i) A label shall be attached to each envelope or container which identifies the table number, date and time the dice were removed and shall be signed by the person assigned to directly operate and conduct the game at that table and the floorperson assigned the responsibility for supervising the operation and conduct of the game.

 (ii) A floorperson or above or a security department employee responsible for delivering the dice to the casino compliance representatives shall also sign the label.

 (iii) The casino compliance representative receiving the dice shall sign the original and duplicate copy of the Dice Discrepancy Report and retain the original copy. The duplicate copy shall be returned to the pit and maintained in a secure place within the pit until collection by a security department employee.

 (2) Other dice that were used for play shall be put into envelopes or containers at the end of the gaming day.

 (i) A label shall be attached to each envelope or container which identifies the table number, date and time the dice were removed and shall be signed by the person assigned to directly operate and conduct the game at that table and the floorperson assigned the responsibility for supervising the operation and conduct of the game.

 (ii) The envelope or container shall be appropriately sealed and maintained within the pit until collection by a security department employee.

 (i) Reserve dice in the locked compartment in a pit stand at the end of the gaming day may be:

 (1) Collected and transported to the security department for cancellation or destruction.

 (2) Returned to the approved storage area.

 (3) Retained in the locked compartment in the pit stand.

 (j) Reserve dice in the locked compartment in a pit stand at the end of the gaming day that are to be destroyed or cancelled shall be placed in a sealed envelope or container, with a label attached to each envelope or container which identifies the pit stand where the reserve dice were being stored, the date and time the dice where placed in the envelope or container and is signed by the pit manager or above.

 (k) At the end of each gaming day or, in the alternative, at least once each gaming day at the same time each day, designated by the certificate holder and approved by the Bureau of Gaming Operations, and at other times as may be necessary, a security department employee shall collect and sign all envelopes or containers of used dice and reserve dice that are to be destroyed or cancelled and transport the dice to the security department for cancellation or destruction. The security department employee shall also collect duplicate copies of Dice Discrepancy Reports, if any.

 (l) At the end of each gaming day or, in the alternative, at least once each gaming day at the same time each day, as designated by the certificate holder and approved by the Bureau of Gaming Operations, and at other times as may be necessary, an assistant table games shift manager or above may collect all reserve dice in a locked compartment in a pit stand. If collected, reserve dice shall be returned to the approved storage area; provided, however, that dice which have not been inspected and sealed in accordance with subsection (f)(3) shall, prior to use for actual gaming, be inspected in accordance with subsection (f)(1) or (2).

 (m) If the reserve dice are not collected, all dice in the dice reserve shall be reinspected in accordance with one of the alternatives in subsection (f) prior to their use for gaming, except for those dice maintained in a locked compartment in accordance with subsection (f)(2)(v) or (3)(iv).

 (n) Certificate holders shall submit to the Bureau of Gaming Operations for approval internal control procedures for:

 (1) A dice inventory system which includes, at a minimum, records of the following:

 (i) The balance of dice on hand.

 (ii) The dice removed from storage.

 (iii) The dice returned to storage or received from a manufacturer or supplier.

 (iv) The date of each transaction.

 (v) The signatures of the individuals involved.

 (2) A reconciliation on a daily basis of the dice distributed, the dice destroyed and cancelled, the dice returned to the approved storage area and, if any, the reserve dice in a locked compartment in a pit stand.

 (3) A physical inventory of all dice at least once every 3 months.

 (i) This inventory shall be performed by an individual with no incompatible functions and be verified to the balance of dice on hand required under paragraph (1)(i).

 (ii) Discrepancies shall immediately be reported to the Bureau of Gaming Operations.

 (o) Destruction or cancellation of dice, other than those retained for Board inspection, shall be completed within 72 hours of collection.

 (1) Cancellation must occur by drilling a circular hole of at least 1/4 inch in diameter through the center of the die.

 (2) Destruction must occur by shredding.

 (3) The destruction and cancellation of dice must take place in a secure location in the licensed facility covered by the slot machine licensee's surveillance system, the physical characteristics of which shall be approved by the Bureau of Gaming Operations.

CHAPTER 529. GENERAL LICENSING REQUIREMENTS

§ 529.1. Table game devices—conditional licenses.

 (a) The Board may grant an applicant for a table game device manufacturer, manufacturer designee or supplier license a conditional license to conduct table game business in this Commonwealth, prior to licensure.

 (b) To be eligible to obtain a conditional table game device license, the applicant for a table game device manufacturer, manufacturer designee or supplier license shall:

 (1) Submit a completed manufacturer, manufacturer designee or supplier license application.

 (2) Be licensed in good standing to manufacture or provide table game devices in another jurisdiction in the United States or Canada that the Board has determined has licensing standards that are comprehensive and thorough and provide similar adequate safeguards as those required by the act or be certified as a gaming service provider in this Commonwealth.

 (3) Submit a written statement from a slot machine licensee or applicant, a supplier licensee or a manufacturer designee licensee that the slot machine licensee or applicant, the supplier licensee or the manufacturer designee licensee may do business with the applicant for the purpose of purchasing, selling or marketing table game devices.

 (4) Pass a preliminary review of the application and criminal history investigation.

 (5) Submit full payment for the table game device manufacturer, manufacturer designee or supplier license prior to the issuance of the conditional license.

 (c) An applicant for a table game device manufacturer, manufacturer designee or supplier license that has received a conditional license shall provide monthly transaction reports to the Bureau of Licensing by the 20th calendar day of the following month during the period of conditional licensure. The monthly transaction reports must include:

 (1) The date table game devices were provided to an applicant or licensee.

 (2) A description of the table game devices provided.

 (3) The amount paid by the applicant or licensee for the table game devices.

 (4) A copy of the invoice for the table game devices.

 (d) If the Office of Enforcement Counsel issues a Notice of Recommendation for Denial to an applicant for a table game device manufacturer, manufacturer designee or supplier license that has received a conditional license, the Bureau of Licensing may rescind the conditional license issued to the applicant. If the conditional license is rescinded, the applicant shall cease conducting business by the date specified in the notice of the rescission sent to the applicant by the Bureau of Licensing under subsection (e).

 (e) When the Bureau of Licensing rescinds a conditional license, the Bureau of Licensing will notify the holder of the conditional license and all slot machine licensees or applicants, supplier licensees and manufacturer designee licensees by registered mail that:

 (1) Permission for the applicant to conduct business under subsection (a) has been rescinded.

 (2) Slot machine licensees or applicants, supplier licensees and manufacturer designee licensees shall cease conducting business with the applicant by the date specified in the notice.

 (f) Pending a hearing on the Notice of Recommendation for Denial, the applicant may not seek or conduct any new business in this Commonwealth and may only complete transactions that were commenced prior to the date specified in the notice of rescission.

CHAPTER 535. PAI GOW

§ 535.2. Pai Gow table; Pai Gow shaker; physical characteristics.

 (a) Pai Gow shall be played at a table having on one side places for six players and on the opposite side a place for the dealer.

 (b) The layout for a Pai Gow table shall be approved by the Bureau of Gaming Operations and contain, at a minimum, the following:

 (1) Six separate numbered betting areas for the players at the table.

 (2) A separate area, located to the left of the dealer, for the placement of four tiles which shall be referred to as the Dead Hand.

 (3) The name or logo of the certificate holder offering the game.

 (c) Each Pai Gow table must have a drop box with a tip box attached to it on the same side of the gaming table as, but on opposite sides of, the dealer, in locations approved by the Bureau of Gaming Operations.

 (d) Pai Gow shall be played with a Pai Gow shaker, approved by the Bureau of Gaming Operations, used to shake three dice before each hand of Pai Gow is dealt to determine the starting position for the dealing of the Pai Gow tiles. The Pai Gow shaker shall be designed and constructed to maintain the integrity of the game and, at a minimum, adhere to the following specifications:

 (1) The Pai Gow shaker must be capable of housing three dice and be designed to prevent the dice from being seen while being shaken by the dealer.

 (2) The Pai Gow shaker must have the name or logo of the certificate holder thereon.

CHAPTER 561. PAI GOW POKER

§ 561.2. Pai Gow Poker table; Pai Gow Poker shaker; physical characteristics.

 (a) Pai Gow Poker shall be played at a table having on one side places for six players and on the opposite side a place for the dealer.

 (b) The layout for a Pai Gow Poker table shall be approved by the Bureau of Gaming Operations and contain, at a minimum, the following:

 (1) Six separate numbered betting areas for the players at the table.

 (2) Two separate areas located below each betting area which shall be designated for the placement of the High and Low hands of that player.

 (3) Two separate areas designated for the placement of the High and Low hands of the dealer.

 (4) The name or logo of the certificate holder offering the game.

 (c) Each Pai Gow Poker table must have a drop box and tip box attached to it on the same side of the gaming table as, but on opposite sides of, the dealer, and in locations approved by the Bureau of Gaming Operations.

 (d) Each Pai Gow Poker table must have a discard rack securely attached to the top of the dealer's side of the table in a location approved by the Bureau of Gaming Operations.

 (e) Under § 561.8 (relating to Pai Gow Poker shaker and dice; computerized random number generator; button), Pai Gow Poker may be played with a container, to be known as a Pai Gow shaker, which shall be used to shake three dice before each hand of Pai Gow Poker is dealt to determine the starting position for the dealing or delivery of the cards. The Pai Gow shaker shall be designed and constructed to contain any feature the Bureau of Gaming Operations may require to maintain the integrity of the game and must, at a minimum, adhere to the following specifications:

 (1) The Pai Gow Poker shaker must be capable of housing three dice and be designed to prevent the dice from being seen while the dealer is shaking it.

 (2) The Pai Gow Poker shaker must have the name or identifying logo of the certificate holder imprinted or impressed thereon.

 (f) If a certificate holder elects to use a computerized random number generator as permitted under § 561.8, the random number generator shall be approved by the Bureau of Gaming Laboratory Operations prior to its use.

[Pa.B. Doc. No. 10-1081. Filed for public inspection June 11, 2010, 9:00 a.m.]



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