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PA Bulletin, Doc. No. 10-1162

RULES AND REGULATIONS

PENNSYLVANIA GAMING CONTROL BOARD

[ 58 PA. CODE CH. 569 ]

Ultimate Texas Hold 'Em Poker; Temporary Regulations

[40 Pa.B. 3519]
[Saturday, June 26, 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) and (2) (relating to regulatory authority), adopts temporary regulations in Chapter 569 (relating to Ultimate Texas Hold 'Em 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 contains the rules for conducting the game of Ultimate Texas Hold 'Em Poker.

Explanation of Chapter 569

 Chapter 569 contains the rules for the game of Ultimate Texas Hold 'Em Poker. Included are provisions governing the following: the layout of the table; the decks of cards to be used; the opening of table; the procedures for shuffling and cutting the cards; the ranking of hands; the different wagers that may be made; the procedures for dealing the cards; the procedures for the actual play of each round of the game; the collection of losing wagers and payment of winning wagers; the minimum payout odds and paytables that may be used; and how irregularities in play are to be handled.

Affected Parties

 Certificate holders who elect to offer Ultimate Texas Hold 'Em Poker will be required to hire and train dealers for this game and purchase the equipment necessary to conduct the game.

 While the Board will generally experience increased regulatory demands resulting from the hiring of additional casino compliance agents to oversee the operation of the table games at the licensed facilities and the increased number of license and occupation permit applications that will have to be processed by the Bureau of Licensing, the impact of adding this new game should be insignificant.

Fiscal Impact

Commonwealth

 The Board expects that it will experience increased costs regarding adding additional staff at the licensed facilities and at its offices to handle the increased licensing and oversight requirements that will result from the introduction of table games. However, the Board does not expect these increased costs to exceed the additional funding provided to the Board under Act 1. Additionally, the direct costs from the addition of this game to the games a certificate holder may offer are anticipated to be insignificant.

Political subdivisions

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

Private sector

 This temporary rulemaking will result in additional costs for certificate holders who elect to offer Ultimate Texas Hold 'Em Poker. More specifically, certificate holders will be required to meet the requirements in these temporary regulations, to purchase equipment to conduct this game and to hire and train dealers for this game. It is anticipated that these costs will be offset by the revenues generated from the play of the game.

General public

 This temporary rulemaking will not have direct fiscal impact on the general public.

Paperwork Requirements

 This temporary rulemaking will require a certificate holder to file a Rules Submissions to indicate which paytables they will use for this game. The Board has developed standardized checklist Rules Submissions for all of the table games. Therefore, the Rules Submission should be relatively simple to fill out.

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 this temporary regulation 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 #125-124.

Contact Person

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

Regulatory Review

 Under 4 Pa.C.S. § 1303A, the Board is authorized to adopt temporary regulations which are not subject to sections 201—205 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201—1205), 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 Attorneys 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 temporary regulations of the Board, 58 Pa. Code Chapter 569, are amended by adding §§ 569.1—569.13 to read as set forth in Annex A.

 (2) The temporary regulations are effective June 26, 2010.

 (3) The temporary regulations shall 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: 125-124. No fiscal impact; (8) recommends adoption.

Annex A

Title 58. RECREATION

PART VII. GAMING CONTROL BOARD

Subpart K. TABLE GAMES

CHAPTER 569. ULTIMATE TEXAS HOLD 'EM POKER

Sec.

569.1.Definitions.
569.2.Ultimate Texas Hold 'Em Poker table; physical characteristics.
569.3.Cards; number of decks.
569.4.Opening of the table for gaming.
569.5.Shuffle and cut of the cards.
569.6.Ultimate Texas Hold 'Em Poker hand rankings.
569.7.Wagers.
569.8.Procedure for dealing the cards from a manual dealing shoe.
569.9.Procedure for dealing the cards from the hand.
569.10.Procedures for dealing the cards from an automated dealing shoe.
569.11.Procedures for completion of each round of play; collection and payment of wagers.
569.12.Payout odds.
569.13.Irregularities.

§ 569.1. Definitions.

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

Ante Wager—An initial wager required to be made prior to any cards being dealt to participate in the round of play.

Blind Wager—An initial wager required to be made prior to any cards being dealt to participate in the round of play.

Burn—To remove the top or next card from the deck and place it face down in the discard rack without revealing it to anyone.

Check—Waiving the right to place a Play Wager but remaining in the round of play.

Community card—Any of the five cards dealt face up in the center of the table, all of which may be used by each player and the dealer together with the player's or dealer's own two cards to form the best possible five-card poker hand.

Flop—The first three community cards dealt face up in the area designated for the placement of the community cards.

Fold—The withdrawal of a player from a round of play by not making a Play Wager.

Hand—Five-cards formed from any combination of the five community cards and the two cards dealt to a player or the dealer.

Play Wager—A wager made after two cards have been dealt to each player and the dealer, and before the dealer reveals his two cards.

Rank or ranking—The relative position of a card or group of cards as set forth in § 569.6 (relating to Ultimate Texas Hold 'Em Poker hand rankings).

Round of play or round—One complete cycle of play during which all players playing at the table have been dealt cards, have wagered or folded, and have had their wagers paid or collected in accordance with this chapter.

Trips Wager—An optional wager that a player may make prior to any cards being dealt, that the player's best five-card hand will be a three-of-a-kind or better.

§ 569.2. Ultimate Texas Hold 'Em Poker table; physical characteristics.

 (a) Ultimate Texas Hold 'Em Poker shall be played on a table having positions for six players on one side of the table and a place for the dealer on the opposite side.

 (b) The layout for an Ultimate Texas Hold 'Em Poker table shall be approved by the Bureau of Gaming Operations and contain, at a minimum:

 (1) The name or logo of the certificate holder.

 (2) Four separate designated betting areas at each player position for the placement of Ante, Blind, Play and Trips Wagers, configured with the Trips Wager area closest to the dealer, the Play Wager area farthest from the dealer, the Ante Wager area arrayed between the Trips Wager area and the Play Wager area, and the Blind Wager area to the right of the Ante Wager area and separated from the Ante Wager area by an ''='' symbol.

 (3) A separate designated area for the placement of the five community cards, located in the center of the table between the table inventory container and the player betting areas.

 (4) A separate designated area for the placement of the dealer's two cards, located between the table inventory container and the designated area for the five community cards.

 (5) An inscription indicating that an Ante Wager must tie if the dealer has less than a pair.

 (6) Except as permitted under subsection (c), an inscription at each player position describing the following:

 (i) The payout odds for Blind and Trips Wagers.

 (ii) A Blind Wager may not be paid unless the player's hand ranks higher than the dealer's hand.

 (iii) The rules governing the required amount of a Play Wager as a multiple of the player's Ante Wager.

 (c) If the information required under subsection (b) is not inscribed on the layout, a sign shall be posted at the Ultimate Texas Hold 'Em Poker table that sets forth the required information.

 (d) Each Ultimate Texas Hold 'Em Poker table must have a drop box and a tip box attached to it on the same side of the table as, but on opposite sides of, the dealer, in locations approved by the Bureau of Gaming Operations.

 (e) Each Ultimate Texas Hold 'Em 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.

§ 569.3. Cards; number of decks.

 (a) Except as provided in subsection (b), the game of Ultimate Texas Hold 'Em Poker shall be played with one deck of 52 cards and 2 additional cover cards.

 (b) If an automated card shuffling device is used, a certificate holder may use a second deck of cards to play the game, provided that:

 (1) Each deck of cards complies with subsection (a).

 (2) The backs of the cards in the two decks are different colors.

 (3) One deck is being shuffled by the automated card shuffling device while the other deck is being dealt or used to play the game.

 (4) Both decks are continually alternated in and out of play, with each deck being used for every other round of play.

 (5) The cards from only one deck shall be placed in the discard rack at any given time.

 (c) The decks of cards used in Ultimate Texas Hold 'Em Poker shall be changed at least:

 (1) Every 4 hours if the cards are dealt by hand.

 (2) Every 8 hours if the cards are dealt from a manual or automated dealing shoe.

§ 569.4. Opening of the table for gaming.

 (a) After receiving the cards at the table, the dealer shall inspect the cards for defects.

 (b) Following the inspection of the cards by the dealer and the verification by the floorperson assigned to the table, the cards shall be spread out face up on the table for visual inspection by the first player to arrive at the table. The cards shall be spread out in horizontal fan shaped columns by deck according to suit and in sequence.

 (c) After the first player arriving at the table is afforded an opportunity to visually inspect the cards, the cards shall be turned face down on the table, mixed thoroughly by a washing of the cards and stacked. Once the cards have been stacked, they shall be shuffled in accordance with § 569.5 (relating to shuffle and cut of the cards).

 (d) If a certificate holder uses an automated card shuffling device to play the game and two decks of cards are received at the table as permitted under § 569.3 (relating to cards; numbers of decks), each deck of cards shall be separately spread, inspected, verified, spread, inspected, mixed, stacked and shuffled in accordance with subsections (a), (b) and (c).

 (e) If the decks of cards received at the table are preinspected and preshuffled in accordance § 523.16(u) or (v) (relating to cards; receipt, storage, inspections and removal from use), subsections (a)—(d) do not apply.

§ 569.5. Shuffle and cut of the cards.

 (a) Immediately prior to the beginning of play, unless the cards were preshuffled in accordance with § 523.16(u) or (v) (relating to cards; receipt, storage, inspections and removal from use), and after each round of play has been completed, the dealer shall shuffle the cards, either manually or by use of an automated card shuffling device, so that they are randomly intermixed. Upon completion of the shuffle, the dealer or device shall place the deck of cards in a single stack, provided, however, that nothing in this section prohibits the use of an automated card shuffling device which, upon completion of the shuffling of the cards, inserts the stack of cards directly into a dealing shoe.

 (b) If an automated card shuffling device that counts the number of cards in the deck after the completion of each shuffle and indicates whether 52 cards are present is being used and reveals that an incorrect number of cards are present, the deck shall be removed from the table.

 (c) After the cards have been shuffled and stacked, the dealer shall do the following:

 (1) If the cards were shuffled using an automated card shuffling device, deal or deliver the cards in accordance with § 569.8, § 569.9 or § 569.10 (relating to procedure for dealing the cards from a manual dealing shoe; procedure for dealing the cards from the hand; and procedures for dealing the cards from an automated dealing shoe).

 (2) If the cards were shuffled manually or were preshuffled, cut the cards in accordance with subsection (d).

 (d) If a cut of the cards is required, the dealer shall:

 (1) Cut the deck, using one hand, by:

 (i) Placing a cover card on the table in front of the deck of cards.

 (ii) Taking a stack of at least ten cards from the top of the deck and placing them on top of the cover card.

 (iii) Placing the cards remaining in the deck on top of the stack of cards that were cut and placed on the cover card.

 (2) Deal the cards in accordance with § 569.8, § 569.9 or § 569.10.

 (e) Notwithstanding subsection (d), after the cards have been cut and before any cards have been dealt, a floorperson or above may require the cards to be recut if he determines that the cut was performed improperly or in any way that might affect the integrity or fairness of the game.

 (f) Whenever there is no gaming activity at an Ultimate Texas Hold 'Em Poker table that is open for gaming, the cards shall be spread out on the table either face up or face down. If the cards are spread face down, the cards shall be turned face up once a player arrives at the table. After the first player arriving at the table is afforded an opportunity to visually inspect the cards, the procedures in § 569.4(c) (relating to opening of the table for gaming) and this section shall be completed.

§ 569.6. Ultimate Texas Hold 'Em Poker hand rankings.

 (a) The rank of the cards used in Ultimate Texas Hold 'Em Poker, for the determination of winning hands, in order of highest to lowest rank, must be: ace, king, queen, jack, 10, 9, 8, 7, 6, 5, 4, 3 and 2. Notwithstanding the foregoing, an ace may be used to complete a straight flush or a straight formed with a 2, 3, 4 and 5.

 (b) The permissible five-card poker hands at the game of Ultimate Texas Hold 'Em Poker, in order of highest to lowest rank, must be:

 (1) A royal flush, which is a hand consisting of an ace, king, queen, jack and 10 of the same suit.

 (2) A straight flush, which is a hand consisting of five cards of the same suit in consecutive ranking, with king, queen, jack, 10 and 9 being the highest ranking straight flush and ace, 2, 3, 4 and 5 being the lowest ranking straight flush.

 (3) A four-of-a-kind, which is a hand consisting of four cards of the same rank, with four aces being the highest ranking four-of-a-kind and four 2's being the lowest ranking four-of-a-kind.

 (4) A full house, which is a hand consisting of a three-of-a-kind and a pair, with three aces and two kings being the highest ranking full house and three 2's and two 3's being the lowest ranking full house.

 (5) A flush, which is a hand consisting of five cards of the same suit, not in consecutive order, with ace, king, queen, jack and 9 being the highest ranking flush and 2, 3, 4, 5 and 7 being the lowest ranking flush.

 (6) A straight, which is a hand consisting of five cards of more than one suit and of consecutive rank, with an ace, king, queen, jack and 10 being the highest ranking straight and an ace, 2, 3, 4 and 5 being the lowest ranking straight; provided however, that an ace may not be combined with any other sequence of cards for purposes of determining a winning hand (for example, queen, king, ace, two and three).

 (7) A three-of-a-kind, which is a hand consisting of three cards of the same rank, with three aces being the highest ranking three-of-a-kind and three 2's being the lowest ranking three-of-a-kind.

 (8) Two pairs, which is a hand consisting of two pairs, with two aces and two kings being the highest ranking two pair and two 3's and two 2's being the lowest ranking two pair.

 (9) One pair, which is a hand consisting of two cards of the same rank, with two aces being the highest ranking pair and two 2's being the lowest ranking pair.

 (c) When comparing two hands which are of identical poker rank under subsection (b), or which contain none of the hands in subsection (b), the hand that contains the highest ranking card under subsection (a), which is not contained in the other hand shall be considered the higher ranking hand. If the hands are of identical rank after the application of this subsection, the hands shall be considered a tie.

§ 569.7. Wagers.

 (a) Wagers at Ultimate Texas Hold 'Em Poker shall be made by placing value chips or gaming plaques on the appropriate betting areas of the table layout. A verbal wager accompanied by cash may not be accepted.

 (b) Ante, Blind and Trips Wagers shall be placed prior to the dealer announcing ''no more bets'' in accordance with the dealing procedure in § 569.8, § 569.9 or § 569.10 (relating to procedure for dealing cards from a manual dealing shoe; procedure for dealing cards from the hand; and procedures for dealing the cards from an automated dealing shoe). Except as provided in § 569.11 (relating to procedures for completion of each round of play; collection and payment of wagers), no wager shall be made, increased, or withdrawn after the dealer has announced ''no more bets.''

 (c) To participate in a round of play, a player shall be required to make both an Ante Wager and a Blind Wager. The amounts of the Ante Wager and the Blind Wager must be the same.

 (d) A player may also place a Trips Wager by placing a wager on the Trips Wager betting area of the layout. The outcome of the Trips Wager shall have no bearing on any other wager made by the player at the game of Ultimate Texas Hold 'Em Poker.

 (e) Play Wagers shall be made in accordance with § 569.11.

 (f) Only players who are seated at the Ultimate Texas Hold 'Em Poker table may place a wager at the game. Once a player has placed a wager and received cards, that player shall remain seated until the completion of the round of play.

 (g) A player may not simultaneously play and wager on more than one player position at an Ultimate Texas Hold 'Em Poker table.

§ 569.8. Procedure for dealing the cards from a manual dealing shoe.

 (a) If a manual dealing shoe is used, the dealing shoe must be located on the table in a location approved by the Bureau of Gaming Operations. Once the procedures required under § 569.5 (relating to shuffle and cut of the cards) have been completed, the stacked deck of cards shall be placed in the dealing shoe either by the dealer or by the automated card shuffling device.

 (b) Prior to dealing the cards and after all Ante, Blind and Trips Wagers are placed, the dealer shall announce ''no more bets.''

 (c) Each card shall be removed from the dealing shoe with the hand of the dealer that is the closest to the dealing shoe and placed on the appropriate area of the layout with the opposite hand.

 (d) The dealer shall, starting with the player farthest to the dealer's left who has placed an Ante and Blind Wager and continuing around the table in a clockwise manner, deal the cards as follows:

 (1) One card face down to each player.

 (2) One card face down to the area designated for the dealer's hand under a cover card.

 (3) A second card face down to each player.

 (4) A second card face down to an area designated for the dealer's hand under a cover card.

 (e) After two cards have been dealt to each player and to the area designated for the dealer's hand, and after all community cards have been dealt in accordance with § 569.11 (relating to procedures for completion of each round of play; collection and payment of wagers), the dealer shall remove the stub from the manual dealing shoe and, except as provided in subsection (f), place the stub in the discard rack without exposing the cards.

 (f) If an automated card shuffling device that counts the number of cards in the deck after the completion of each shuffle and indicates whether 52 cards are present is not being used, the dealer shall count the stub at least once every 5 rounds of play to determine that the correct number of cards are still present in the deck. The dealer shall determine the number of cards in the stub by counting the cards face down on the layout.

 (g) If the count of the stub indicates that 52 cards are in the deck, the dealer shall place the stub in the discard rack without exposing the cards.

 (h) If the count of the stub indicates that the number of cards in the deck is incorrect, the dealer shall determine if the cards were misdealt. If the cards have been misdealt but 52 cards remain in the deck, all hands shall be void and all wagers shall be returned to the players. If the cards have not been misdealt, all hands shall be considered void, all wagers shall be returned to the players and the entire deck of cards shall be removed from the table.

§ 569.9. Procedure for dealing the cards from the hand.

 (a) If the cards are dealt from the dealer's hand, the following requirements shall be observed:

 (1) An automated shuffling device shall be used to shuffle the cards.

 (2) After the procedures required under § 569.5 (relating to shuffle and cut of the cards) have been completed, the dealer shall place the stacked deck of cards in either hand.

 (i) After the dealer has chosen the hand in which he will hold the cards, the dealer shall continue to use that hand whenever holding the cards during that round of play.

 (ii) The cards held by the dealer shall at all times be kept in front of the dealer and over the table inventory container.

 (3) The dealer shall announce ''no more bets'' and then deal each card by holding the deck of cards in the chosen hand and using the other hand to remove the top card of the deck and place it face down on the appropriate area of the layout.

 (b) The dealer shall, starting with the player farthest to his left who has placed an Ante and Blind Wager and continuing around the table in a clockwise manner, deal the cards as follows:

 (1) One card face down to each player.

 (2) One card face down to the area designated for the dealer's hand under a cover card.

 (3) A second card face down to each player.

 (4) A second card face down to the area designated for the dealer's hand under a cover card.

 (c) After two cards have been dealt to each player and the area designated for the hand of the dealer and all community cards have been dealt in accordance with § 569.11 (relating to procedures for completion of each round of play; collection and payment of wagers), the dealer shall, except as provided in subsection (d), place the stub in the discard rack without exposing the cards.

 (d) If an automated card shuffling device that counts the number of cards in the deck after the completion of each shuffle and indicates whether 52 cards are present is not being used, the dealer shall count the stub at least once every 5 rounds of play to determine that the correct number of cards are still present in the deck. The dealer shall determine the number of cards in the stub by counting the cards face down on the layout.

 (e) If the count of the stub indicates that 52 cards are in the deck, the dealer shall place the stub in the discard rack without exposing the cards.

 (f) If the count of the stub indicates that the number of cards in the deck is incorrect, the dealer shall determine if the cards were misdealt. If the cards have been misdealt but 52 cards remain in the deck, all hands shall be void and all wagers shall be returned to the players. If the cards have not been misdealt, all hands shall be considered void, all wagers shall be returned to the players and the entire deck of cards shall be removed from the table.

§ 569.10. Procedures for dealing the cards from an automated dealing shoe.

 (a) If the cards are dealt from an automated dealing shoe, the following requirements shall be observed:

 (1) After the procedures required under § 569.5 (relating to shuffle and cut of the cards) have been completed, the cards shall be placed in the automated dealing shoe.

 (2) The dealer shall then announce ''no more bets'' prior to dispensing any stacks of cards.

 (b) The dealer shall deal the first stack of two cards dispensed by the automated dealing shoe face down to the player farthest to the dealer's left who has placed an Ante and Blind Wager. As the remaining stacks are dispensed to the dealer by the automated dealing shoe, the dealer shall, moving clockwise around the table, deliver a stack face down to each of the other players who has placed an Ante and Blind Wager. The dealer shall then deliver a stack of two cards face down under a cover card to the area designated for the dealer's hand.

 (c) After each stack of two cards has been dispensed and delivered in accordance with this section, the dealer shall remove the remaining cards from the automated dealing shoe and, following the procedures in § 569.9(a)(2) and (3) (relating to procedure for dealing cards from the hand), deal from his hand the five community cards in accordance with § 569.11 (relating to procedures for completion of each round of play; collection and payment of wagers). After all community cards have been dealt, the dealer shall, except as provided in subsection (d), place the stub in the discard rack without exposing the cards.

 (d) If an automated card shuffling device that counts the number of cards in the deck after the completion of each shuffle and indicates whether 52 cards are present is not being used, the dealer shall count the stub at least once every 5 rounds of play to determine that the correct number of cards are still present in the deck. The dealer shall determine the number of cards in the stub by counting the cards face down on the layout.

 (e) If the count of the stub indicates that 52 cards are in the deck, the dealer shall place the stub in the discard rack without exposing the cards.

 (f) If the count of the stub indicates that the number of cards in the deck is incorrect, the dealer shall determine if the cards were misdealt. If the cards have been misdealt but 52 cards remain in the deck, all hands shall be void and all wagers shall be returned to the players. If the cards have not been misdealt, all hands shall be considered void, all wagers shall be returned to the players and the entire deck of cards shall be removed from the table.

§ 569.11. Procedures for completion of each round of play; collection and payment of wagers.

 (a) After the dealing procedures required under § 569.8, § 569.9 or § 569.10 (relating to procedure for dealing cards from a manual dealing shoe; procedure for dealing cards from the hand; and procedures for dealing the cards from an automated dealing shoe) have been completed, each player shall examine his cards without exposing them to any other person and replace the cards face down on the layout. The dealer shall then, starting with the player farthest to his left and proceeding in a clockwise manner around the table, ask each player if the player wishes to place a Play Wager prior to the dealing of the Flop. The player may either check or place a Play Wager in an amount equal to four times the amount of the player's Ante Wager.

 (1) If a player places a Play Wager, the wager shall be placed in the designated Play Wager betting area.

 (2) If a player checks, the player shall remain in the game and defer his decision to place a Play Wager to the next betting opportunity.

 (b) Once all players have either placed a Play Wager or checked, the dealer shall burn the next card. The dealer shall then deal the Flop face up to the designated area for the community cards.

 (c) After the Flop has been dealt, the dealer shall, starting with the player farthest to his left and proceeding in a clockwise manner around the table, ask each player who has not placed a Play Wager if he wishes to place a Play Wager prior to the dealing of the final two community cards. The player may either check or place a Play Wager in an amount equal to two times the amount of the player's Ante Wager.

 (1) If a player places a Play Wager, the wager shall be placed in the designated Play Wager betting area.

 (2) If a player checks, the player shall remain in the game and defer his decision to place a Play Wager to the next betting opportunity.

 (d) Once all players have either placed a Play Wager or checked, the dealer shall burn the next card. The dealer shall then deal the next two cards in the deck face up to the designated area for the community cards.

 (e) After the final two community cards have been dealt, the dealer shall, starting with the player farthest to his left and proceeding in a clockwise manner around the table, ask each player who has not yet placed a Play Wager whether he wishes to fold or place a Play Wager equal in amount to his Ante Wager.

 (1) If a player places a Play Wager, the wager shall be placed in the designated Play Wager betting area.

 (2) If a player folds, the Ante and Blind Wagers of the player shall be collected by the dealer and placed in the table inventory container.

 (i) If the player has also placed a Trips Wager, the dealer shall place the cards of the player face down underneath the player's Trips Wager pending its resolution at the conclusion of the round of play.

 (ii) If the player has not placed a Trips Wager, the dealer shall immediately spread the cards of the folded hand face down and then place them in the discard rack.

 (f) After each player has either folded or placed a Play Wager, the dealer shall remove the cover card from the top of the dealer's cards and place it on the table layout. The dealer shall then turn his two cards face up, position the combination of the dealer's cards and either three, four or five of the community cards that can be used to form the best possible five-card hand and announce the dealer's hand to the players.

 (g) If the dealer's best possible five-card hand is lower than a pair, the dealer shall, starting with the player farthest to the dealer's right who has placed a Play Wager and proceeding in a counterclockwise manner around the table, return each player's Ante Wager and resolve all other wagers in accordance with subsection (h).

 (h) If the dealer's best possible five-card hand is a pair or above, the dealer shall, starting with the player farthest to the dealer's right who has placed a Play Wager and proceeding in a counterclockwise manner around the table, turn the two cards of each player who has placed a Play Wager face up and announce the best possible five-card poker hand that can be formed using the player's two cards and the five community cards. The wagers of each player shall be resolved one player at a time regardless of outcome. After all wagers placed by a player are settled, the player's cards shall then be immediately collected by the dealer and placed in the discard rack.

 (1) If the player's five-card hand is ranked lower than the dealer's five-card hand, the player shall lose and the dealer shall immediately collect the Ante, Blind and Play Wagers made by the player and place the wagers in the table inventory container.

 (2) If the player's five-card hand is ranked higher than the dealer's five-card hand, the player shall win and the dealer shall pay the Ante, Blind and Play Wagers made by the player in accordance with the payout odds in § 569.12 (relating to payout odds); provided, however, that the Blind Wager may not be paid unless the player's winning hand has a rank of straight or higher.

 (3) If the player's five-card hand and the dealer's five-card hand are of equal rank, the hand shall be a tie. In this case, the dealer may not collect or pay the player's Ante, Blind or Play Wagers.

 (4) After settling a player's Ante, Blind and Play Wagers, the dealer shall settle any Trips Wager made by the player by determining whether the player's five-card hand qualifies for a payout in accordance with § 569.12(d). A winning Trips Wager shall be paid without regard to the outcome of any other wager made by the player.

 (i) All cards collected by the dealer shall be picked up in order and placed in the discard rack in a way that the cards can be readily arranged to reconstruct each hand in the event of a question or dispute.

§ 569.12. Payout odds.

 (a) The payout odds for winning wagers at Ultimate Texas Hold 'Em Poker printed on any sign or in any brochure or other publication distributed by a certificate holder shall be stated through the use of the word ''to'' and odds may not be stated through the use of the word ''for.''

 (b) A certificate holder shall pay each winning Ante and Play Wager at odds of 1 to 1.

 (c) If a player's five-card hand ranks higher than the dealer's five-card hand, a certificate holder shall pay the player's Blind Wager in accordance with the following odds:

Player's Five-Card Hand Payout Odds
Royal flush 500 to 1
Straight flush 50 to 1
Four-of-a-kind 10 to 1
Full house 3 to 1
Flush 3 to 2
Straight 1 to 1
Less than a straight Return the player's
Blind Wager

 (d) A certificate holder shall pay each winning Trips Wager at the game of Ultimate Texas Hold 'Em Poker at the odds from one of the following paytables designated in the certificate holder's Rule Submission under § 521.2 (relating to table games Rules Submissions):

Hand Paytable A Paytable B Paytable C Paytable D
Royal flush 50 to 1 50 to 1 50 to 1 50 to 1
Straight flush 40 to 1 40 to 1 40 to 1 40 to 1
Four-of-a-kind 30 to 1 30 to 1 30 to 1 20 to 1
Full house 9 to 1 8 to 1 8 to 1 7 to 1
Flush 7 to 1 6 to 1 7 to 1 6 to 1
Straight 4 to 1 5 to 1 4 to 1 5 to 1
Three-of-a-kind 3 to 1 3 to 1 3 to 1 3 to 1

 (e) Notwithstanding the payout odds in subsections (b), (c) and (d), the aggregate payout limit on all winning Ante, Play, Blind and Trips Wagers for any hand may not exceed $50,000 or the maximum amount that one patron could win per round when betting the minimum wager, whichever is greater.

§ 569.13. Irregularities.

 (a) If any card dealt to the dealer in Ultimate Texas Hold 'Em Poker is exposed prior to each player having either folded or placed a Play Wager as provided for under § 569.11 (relating to procedures for completion of each round of play; collection and payment of wagers), all hands shall be void and all Ante, Blind and Play Wagers shall be returned to the players. Notwithstanding the foregoing, if a player has placed a Trips Wager, the community cards shall be dealt and each Trips Wager shall be settled in accordance with the payout odds in § 569.12(d) (relating to payout odds).

 (b) A card that is found face up in the shoe or the deck while the cards are being dealt may not be used in the game and shall be placed in the discard rack. If more than one card is found face up in the shoe or the deck during the dealing of the cards, all hands shall be void, all wagers shall be returned to the players and the cards shall be reshuffled. Notwithstanding the foregoing, if the cards are found face up after each player and the dealer has received their initial two cards, the community cards shall be dealt and any Trips Wager shall be settled in accordance with the payout odds in § 569.12(d).

 (c) A card drawn in error without its face being exposed shall be used as though it was the next card from the shoe or the deck.

 (d) If a player or the dealer is dealt an incorrect number of cards, the round of play shall be void, all wagers shall be returned to the players and the cards shall be reshuffled.

 (e) If an automated card shuffling device is being used and the device jams, stops shuffling during a shuffle or fails to complete a shuffle cycle, the cards shall be reshuffled.

 (f) If an automated dealing shoe is being used and the device jams, stops dealing cards or fails to deal cards during a round of play, the round of play shall be void, all wagers shall be returned to the players and the cards shall be removed from the device and reshuffled with any cards already dealt.

 (g) If an automated card shuffling device or automated dealing shoe malfunctions and can not be used, the automated card shuffling device or automated dealing shoe shall be covered or have a sign indicating that the automated card shuffling device or automated dealing shoe is out of order placed on the device before any other method of shuffling or dealing may be utilized at that table.

[Pa.B. Doc. No. 10-1162. Filed for public inspection June 25, 2010, 9:00 a.m.]



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