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PA Bulletin, Doc. No. 11-1275


[ 40 PA. CODE CH. 3 ]

Casino Exception; Advanced Notice of Final-Omitted Rulemaking

[41 Pa.B. 4104]
[Saturday, July 30, 2011]

 The Liquor Control Board (Board) intends to adopt a change to 40 Pa. Code § 3.52 (relating to connection with other business) to allow certain businesses licensed by both the Board and the Pennsylvania Gaming Control Board (PGCB) to keep their liquor licenses and their gaming licenses in different subsidiaries.


 This regulatory change recognizes that 4 Pa.C.S. Part II (relating to Pennsylvania Race Horse Development and Gaming Act) and the Liquor Code (47 P. S. §§ 1-101—8-803) contemplate the sale of alcohol by locations licensed by both the Board and the PGCB. The regulation is being amended to reflect the fact that certain businesses licensed by both the Board and the PGCB intend to keep their liquor license and their gaming license in different subsidiaries. As currently written, § 3.52 would make this structure a violation. This regulatory change has been requested by the industry and will resolve this issue.

Affected Parties

 The rulemaking will affect the ten casinos licensed by the PGCB. All potentially affected parties have been or will be given notice of this rulemaking, either by e-mail or United States Postal Service mail.

Fiscal Impact

 The Board does not anticipate that this regulatory change will affect the costs or savings of the regulated community. The regulatory change is not expected to have a cost or savings impact on local or State government.

Public Comment

 Interested persons are invited to submit written comments regarding this notice to the Liquor Control Board, Office of Chief Counsel, 401 Northwest Office Building, Attention: Norina K. Blynn, Esquire, Harrisburg, PA 17124. Comments received within 30 days will be reviewed and considered for any subsequent revision of the regulation.

 Persons with a disability who require an auxiliary aid or service may submit comments using Pennsylvania AT&T Relay Service at (800) 654-5984 (TTY users) or (800) 654-5988 (voice users).


[Pa.B. Doc. No. 11-1275. Filed for public inspection July 29, 2011, 9:00 a.m.]

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