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PA Bulletin, Doc. No. 12-969

RULES AND REGULATIONS

PENNSYLVANIA GAMING CONTROL BOARD

[ 58 PA. CODE CHS. 535, 537, 539,
621a, 623a AND 625a ]

Table Game Rules for Pai Gow, Craps and Mini-Craps and Sic Bo

[42 Pa.B. 2886]
[Saturday, May 19, 2012]

 The Pennsylvania Gaming Control Board (Board), under the general authority 4 Pa.C.S. § 1202(b)(30) (relating to general and specific powers) and the specific authority in 4 Pa.C.S. § 13A02(1)—(4) (relating to regulatory authority), rescind Chapters 535, 537 and 539 and adds Chapters 621a, 623a and 625a (relating to Pai Gow; Craps and Mini-Craps; and Sic Bo) to read as set forth in Annex A.

Purpose of the Final-Form Rulemaking

 Under 4 Pa.C.S. § 13A03 (relating to temporary table game regulations), the Board initially adopted temporary regulations in Chapters 535, 537 and 539. With this final-form rulemaking, the Board is replacing the temporary regulations in Chapter 535 with the permanent regulations in Chapter 621a, the temporary regulations in Chapter 537 with the permanent regulations in Chapter 623a and the temporary regulations in Chapter 539 with the permanent regulations in Chapter 625a.

Explanation of Chapter 621a

 Chapter 621a contains the rules governing the play of Pai Gow, which is a game that uses dice and tiles instead of cards. Section 621a.1 (relating to definitions) contains the definitions of terms used throughout the chapter. In § 621a.2 (relating to Pai Gow table; Pai Gow shaker; physical characteristics), the physical characteristics of the table and Pai Gow shaker are specified. The use of a random number generator is added as a permissible way to determine the starting position for dealing the Pai Gow tiles.

 The remaining sections address the following: the physical characteristics of the Pai Gow tiles and related equipment used to play the game; the ranking of the Pai Gow tiles and the procedures for comparing high and low Pai Gow hands; the number and use of dice and the Pai Gow shaker; the opening of Pai Gow tables; the procedures for mixing and dealing tiles; wagers; procedures for completion of each round of play; payment and collection of wagers and vigorish; the rules regarding when a player is acting as the bank instead of the dealer; and how irregularities in play are to be handled.

Explanation of Chapter 623a

 Chapter 623a contains the regulatory requirements for the game of Craps. Section 623a.1 (relating to definitions) contains definitions for terms used in this chapter. Section 623a.2 (relating to Craps and Mini-Craps tables; physical characteristics) contains the requirements for tables that are used for Craps. In § 623a.3 (relating to wagers), the wagers that will be allowed have been listed; however, certificate holders are not required to offer all wagers that are authorized. Instead, it will be up to the individual certificate holders to determine which wagers they wish to offer.

 Sections 623a.4 and 623a.5 (relating to making and removal of wagers; and payout odds) establish the rules for the placement of wagers and minimum payout odds that shall be used by the certificate holders. Section 623a.6 (relating to supplemental wagers made after the come out roll in support of Pass, Don't Pass, Come and Don't Come Bets (taking and laying odds)) provides the rules for the placement and payout of supplemental wagers that may be made in conjunction with a Pass Bet, a Don't Pass Bet, a Come Bet and a Don't Come Bet.

 Sections 623a.7 and 623a.8 (relating to dice retention and selection; and throw of the dice; invalid roll of the dice) establish the rules governing how the dice used for the play of the game are selected, how the dice shall be thrown and detail the circumstances in which a throw of the dice will be declared invalid. Section 623a.9 (relating to point throw; settlement of wagers) sets forth the procedures for calling the throw of the dice and settling wagers. Section 623.10 (relating to continuation of shooter; selection of new shooter) specifies the options available to the shooter, when the shooter shall pass the dice and who the next shooter may be. Section 623a.11 (relating to additional procedures and rules for the Fire Bet) governs the placement of Fire Bets, the handling of Fire Bets by the dealer, the minimum and maximum amounts that can be wagered as a Fire Bet and how a number of unique point totals are to be determined.

Explanation of Chapter 625a

 Chapter 625a contains the rules governing the play of Sic Bo, a game that uses three dice and an electronic layout to illuminate the winning combinations that can occur when the dice are rolled.

 Section 625a.1 (relating to Sic Bo table; Sic Bo shaker; physical characteristics) addresses the physical characteristics of Sic Bo tables, dice, Sic Bo shakers and other associated equipment. Operators may now post payout odds either on the table layout or on a sign at the table. In § 625a.2 (relating to dice; number of dice), language was added allowing operators that use dice that are specifically designed for the automated Sic Bo shakers. If the operator uses the specifically designed dice and the dice are locked in the automated Sic Bo shaker, the operator may replace those dice once every month instead of every day.

 The remaining provisions in this chapter address the following: the permissible wagers; the opening of Sic Bo tables and procedures for the completion of each round of play; payment and collection of wagers; and how irregularities in play are to be handled.

Notice and Response Summary

 Notice of proposed rulemaking was published at 41 Pa.B 2981 (June 11, 2011). During the comment period, the Board received public comments from Greenwood Gaming & Entertainment d/b/a Parx and Mountainview Thoroughbred Racing Association d/b/a Hollywood. Additionally, on August 10, 2011, the Board received comments from the Independent Regulatory Review Commission (IRRC) on the proposed rulemaking.

General Comments

 In §§ 621a.2, 623a.2 and 625a.1, IRRC requested that the final-form rulemaking contain the procedures certificate holders shall follow to obtain approval from the Bureau of Gaming Operations (BGO), the Bureau of Casino Compliance (BCC) or the Bureau of Gaming Laboratory Operations (BGLO) for table layouts, signage, equipment or electronic devices. Section 601a.10 (relating to approval of table game layouts, signage and equipment) addresses approvals from the BGO or the BCC.

 Currently, submissions to the BGO, including internal controls, table games Rules Submissions, layouts, signage, gaming guides, equipment approvals, dealer training and minimum staffing plans are submitted through the Internal Control and Table Game Submission Form that is available on the Board's website at www.pgcb.pa.gov. Each facility was previously provided a user name and password unique to that property and has been submitting the required information through use of the online form. Once received, the submissions are reviewed by the BGO and are approved by the Board's Executive Director. The approval letters are then sent to the facility. Section 601a.10 reflects this current practice.

 Regarding the provisions that require BCC approval, a casino compliance supervisor at the licensed facility may approve locations on the gaming table for drop and tip boxes, bad beat boxes in Poker and the location of other table game equipment at the time the new table is installed on the gaming floor but prior to the opening of the table for gaming. Section 601a.10 reflects this current practice.

 With respect to approvals from the BGLO, the cross reference to the provisions for testing and approval in § 461a.4 (relating to submission for testing and approval) was added in this final-form rulemaking and is the same process currently used for the testing and approval of slot machines and associated equipment. Although the statutory definition of associated equipment does include table game devices, the Board updated § 461a.4 to specifically add associated table game equipment, which would encompass the electronic devices used in the Sic Bo table.

Chapter 621a. Pai Gow

 Proposed § 621a.3(e) (final-form § 621a.3(b)) (relating to Pai Gow tiles; ranking of hands, pairs and tiles; value of the hand) required that tiles used in the play of the game be changed out at least every 12 hours. Parx requested to increase the amount of time that the tiles may be used in play to 24 hours and asserts that changing out tiles once a day would not adversely affect the integrity of gaming and would save operators as many as six sets of tiles each day at a cost of approximately $720 per day. IRRC requested that the Board explain the need for this requirement and to quantify the costs for each certificate holder that offers Pai Gow.

 The Board believes that the costs associated with replacing sets of tiles is a separate issue from the amount of time tiles may be left in play. Temporary § 523.18 required operators to inspect sets removed from the gaming table to determine if the tiles are free from tampering, markings or alterations. If the set passes the inspection, the tiles may be reused in play. The temporary regulation also mandated that operators destroy the entire set of 32 tiles if any 1 tile in the set showed signs of tampering, markings or alterations. The requirement to destroy sets of tiles correlates with the costs asserted by Parx.

 Since Parx submitted its comment letter on July 8, 2011, the Board amended the temporary regulations so that operators are no longer required to destroy entire sets when one tile is damaged during play but may now create reconstructed sets of tiles. This provision was also added to Chapter 603a (relating to table game equipment). Allowing operators to create reconstructed and replacement sets with the suitable tiles from several different sets should negate the $20,000 a month costs asserted by Parx associated with purchasing new sets of tiles.

 Tiles are required to be removed from play to protect the integrity of gaming. Since patrons are continuously touching tiles, tiles do need to come off the table to be inspected for chips and scratches, which make the tiles easier to distinguish, and for indications of cheating (patrons marking the high value tiles for instance). The requirement to remove and inspect is similar to other types of table game equipment that are handled by patrons such as the cards used in Poker, which are removed from use every 6 hours, inspected, cleaned, if necessary, and reused. The costs to inspect and clean tiles, or replace a single tile that is marked, scratched or chipped, should be very minimal.

 Since the Board has now allowed for the use of reconstructed and replacement sets of tiles, at a cost savings to the facilities, the Board does not believe removing tiles for inspection every 12 hours, which can then be reused once inspected, is burdensome or cost prohibitive and is necessary to protect the integrity of gaming.

 Currently six certificate holders offer Pai Gow.

Chapter 623a. Craps and Mini-Craps

 In § 623a.3(a), Hollywood asserts that the industry standard for the Lay Bet is to be active, rather than inactive, on the come out roll. IRRC requested that the Board explain why the Lay Bets are inactive.

 The Board agrees with Hollywood and has amended § 623a.3(a)(42) in the final-form rulemaking to reflect this change.

Additional Revisions

 Throughout this final-form rulemaking, several revisions were made for clarity or for consistency with other table game chapters.

Chapter 621a. Pai Gow

 In § 621a.1, the requirement that a marker be approved by the BGO was deleted as unnecessary.

 Proposed § 621a.3 was deleted from the final-form rulemaking. The physical characteristics of all other table game equipment are specified in Chapter 603a. Therefore, most of the language in proposed § 621a.3(a)—(d) was moved to § 603a.18 (relating to Pai Gow tiles; physical characteristics). The remaining language in proposed § 621a.3 was moved to final-form § 621a.3(a) and (b).

 Proposed § 621a.5 was also deleted. The language in this section was redundant with the language in § 621a.2(d). The remaining sections and the cross references throughout the chapter were therefore renumbered to reflect the deletion of §§ 621a.3 and 621a.5.

 For consistency with other table game chapters that address the rules of play, proposed § 621a.13 was deleted from the final-form rulemaking and the language was added to § 621a.5(d) (relating to wagers).

 Section 621a.8(i) (relating to procedures for completion of each round of play; setting of hands; payment and collection of wagers; payout odds; vigorish), addressing the return of a wager if the player and the dealer tie, was deleted and moved into subsection (h). Additionally, language in renumbered subsection (i) was deleted and moved into new subsection (j) which addresses the order for the settling of wagers and the collection of the tiles.

 In § 621a.9(i) (relating to player bank; co-banking; selection of bank; procedures for dealing), the language that required the dealer to indicate which delivery style the bank or co-bank selected was deleted. The Board believes it is no longer necessary to require the dealer to take other action to identify which delivery style is going to be utilized when a player is banking or co-banking the game. The alternative delivery styles authorized under § 621a.7 (relating to alternative dealing procedures) are standard throughout the gaming industry and using an alternative delivery style without taking action to identify that delivery style should not adversely affect the integrity of gaming.

Chapter 623a. Craps and Mini-Craps

 In § 623a.7, the requirement that dice used at a Craps or Mini-Craps table be changed out at least every 24 hours was added in new subsection (d) which is consistent with the dice retention periods for other types of table games including Sic Bo in Chapter 625a and is consistent with industry standards.

Affected Parties

 Certificate holders that elect to offer the games of Pai Gow, Craps, Mini-Craps and Sic Bo will be required to comply with these chapters. The requirements for the games are standard throughout the industry, consistent with the objectives of 4 Pa.C.S. Part II (relating to gaming), necessary for the protection of the gaming public and to ensure the accurate reporting of revenues generated from table games.

 The Board has experienced increased regulatory demands resulting from the implementation of table games, including the review of Rules Submissions, table layouts, signage and gaming guides.

Fiscal Impact

Commonwealth. The Board will have to review each certificate holder's table games Rules Submissions, table layouts, signage and gaming guides to ensure compliance with the regulatory requirements in this final-form rulemaking. These reviews will be conducted by existing BGO and the BCC staff so the Board does not project that it will incur significant cost increases as a result of this final-form rulemaking.

Political subdivisions. This final-form rulemaking will not have fiscal impact on political subdivisions in this Commonwealth. Host municipalities and counties will benefit from the local share funding mandated by the act of January 7, 2010 (P. L. 1, No. 1).

Private sector. This final-form rulemaking will result in additional costs for certificate holders that elect to offer Pai Gow, Craps, Mini-Craps and Sic Bo. Certificate holders shall be required to purchase the table games they elect to offer and to hire and train employees to operate the games. The costs for table game equipment do vary depending on the type and number of tables purchased. The costs are expected to be offset by the revenues generated from table game operations.

General public. This final-form rulemaking will not have fiscal impact on the general public.

Paperwork Requirements

 This final-form rulemaking requires certificate holders to do the following: post signs at gaming tables; have complete sets of rules for all the games they offer available for public inspection; produce a gaming guide summarizing the rules of the games they offer; and file Rules Submissions for each table game they elect to offer. The Rules Submissions are standardized checklists for each game, relatively simple to fill out and available on the Board web site.

Effective Date

 The final-form rulemaking will become effective upon publication in the Pennsylvania Bulletin.

Regulatory Review

 Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on May 19, 2011, the Board submitted a copy of the proposed rulemaking, published at 41 Pa.B. 2981, and a copy of the Regulatory Analysis Form to IRRC and to the House Gaming Oversight Committee and the Senate Community, Economic and Recreational Development Committee (Committees) for review and comment.

 Under section 5(c) of the Regulatory Review Act, IRRC and the House and Senate Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Board has considered all comments from IRRC, the House and Senate Committees and the public.

 Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on January 11, 2012, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on January 12, 2012, and approved the final-form rulemaking.

Findings

 The Board finds that:

 (1) Public notice of intention to adopt these amendments was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.

 (2) The final-form rulemaking is necessary and appropriate for the administration and enforcement of 4 Pa.C.S. Part II.

Order

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

 (a) The regulations of the Board, 58 Pa. Code, are amended by deleting §§ 535.1—535.13, 537.1—537.5, 537.5a, 537.6—537.12 and 539.1—539.7 and by adding §§ 621a.1—621a.10, 623a.1—623a.11 and 625a.1—625a.7 to read as set forth in Annex A.

 (Editor's Note: Proposed §§ 621a.3, 621a.5 and 621a.13 have been withdrawn by the Board.)

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

 (c) This order shall take effect upon publication in the Pennsylvania Bulletin.

WILLIAM H. RYAN, Jr., 
Chairperson

 (Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 42 Pa.B. 626 (January 28, 2012).)

Fiscal Note: Fiscal Note 125-149 remains valid for the final adoption of the subject regulations.

Annex A

TITLE 58. RECREATION

PART VII. GAMING CONTROL BOARD

Subpart K. TABLE GAMES

CHAPTER 535. (Reserved)

Sec.

535.1—535.13.   (Reserved).

CHAPTER 537. (Reserved)

Sec.

537.1—537.5.   (Reserved)
537.5a.   (Reserved)
537.6—537.12.   (Reserved)

CHAPTER 539. (Reserved)

Sec.

539.1—539.7.   (Reserved)

CHAPTER 621a. PAI GOW

Sec.

621a.1.Definitions.
621a.2.Pai Gow table; Pai Gow shaker; physical characteristics.
621a.3.Pai Gow tiles; ranking of hands, pairs and tiles; value of the hand.
621a.4.Opening of the table for gaming; mixing procedures.
621a.5.Wagers.
621a.6.Procedures for dealing the tiles.
621a.7.Alternative dealing procedures.
621a.8.Procedures for completion of each round of play; setting of hands; payment and collection of wagers; payout odds; vigorish.
621a.9.Player bank; co-banking; selection of bank; procedures for dealing.
621a.10.Irregularities; invalid roll of the dice.

§ 621a.1. Definitions.

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

Bank—A player who elects to have the other players and the dealer play against him and accepts the responsibility of paying all winning Pai Gow wagers.

Co-banking—When the bank and the dealer each cover 50% of all winning Pai Gow wagers.

Copy hand—A high hand or low hand of a player which is identical in pair rank or point value as the corresponding high hand or low hand of the dealer or bank.

High hand—The two-tile hand formed with two of the four tiles dealt that ranks higher than the low hand formed from the remaining two tiles.

Low hand—The two-tile hand formed with two of the four tiles dealt that ranks lower than the high hand formed from the remaining two tiles.

Marker—An object used to designate the bank and the co-bank.

Setting the hands—The process of forming a high hand and a low hand from the four tiles dealt.

Supreme Pair—The Six (2-4) tile and the Three (1-2) tile that forms the highest ranking hand.

Value—The numerical point value assigned to a pair of tiles in accordance with § 621a.3 (relating to Pai Gow tiles; ranking of hands, pairs and tiles; value of the hand).

§ 621a.2. Pai Gow table; Pai Gow shaker; physical characteristics.

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

 (b) The layout for a Pai Gow table shall be submitted to the Bureau of Gaming Operations and approved in accordance with § 601a.10(a) (relating to approval of table game layouts, signage and equipment) and contain, at a minimum:

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

 (2) A separate betting area designated for the placement of the Pai Gow wager for each player.

 (3) 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.

 (c) Each Pai Gow table must have a drop box with a tip box attached on the same side of the gaming table as, but on opposite sides of, the dealer, as approved by the Bureau of Casino Compliance in accordance with § 601a.10(g).

 (d) Pai Gow shall be played with a Pai Gow shaker, approved in accordance with § 601a.10(a), 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 the responsibility of the dealer and may not be left unattended at the table. The Pai Gow shaker must be designed and constructed to maintain the integrity of the game and:

 (1) Be capable of housing three dice that when not being shaken must be maintained within the Pai Gow shaker. Dice that have been placed in a Pai Gow shaker for use in gaming may not remain on a table for more than 24 hours.

 (2) Be designed to prevent the dice from being seen while being shaken.

 (3) Have the name or logo of the certificate holder imprinted or impressed thereon.

 (e) If a certificate holder elects to use a computerized random number generator as permitted under § 621a.6 (relating to procedures for dealing the tiles), the random number generator shall be approved by the Bureau of Gaming Laboratory Operations in accordance with § 461a.4 (relating to submission for testing and approval) prior to its use.

§ 621a.3. Pai Gow tiles; ranking of hands, pairs and tiles; value of the hand.

 (a) Each tile used in the game of Pai Gow must comply with the requirements in § 603a.18 (relating to Pai Gow tiles; physical characteristics) and contain the identifying spots listed in subsection (h).

 (b) Tiles used in Pai Gow shall be changed at least every 12 hours.

 (c) When comparing high hands or low hands to determine the higher ranking hand, the determination shall first be based upon the rank of any permissible pair of tiles which are in the hands. A hand with a permissible pair of tiles shall rank higher than a hand which does not contain a permissible pair. The permissible pairs of tiles and their rank, with the Supreme Pair being the highest or first ranking pair, are as follows:

Ranking Pairing
  Supreme Pair
First Six (2-4) and Three (1-2)
  Matched Pairs
Second Twelve (6-6) and Twelve (6-6)
Third Two (1-1) and Two (1-1)
Fourth Eight (4-4) and Eight (4-4)
Fifth Four (1-3) and Four (1-3)
Sixth Ten (5-5) and Ten (5-5)
Seventh Six (3-3) and Six (3-3)
Eighth Four (2-2) and Four (2-2)
Ninth Eleven (5-6) and Eleven (5-6)
Tenth Ten (4-6) and Ten (4-6)
Eleventh Seven (1-6) and Seven (1-6)
Twelfth Six (1-5) and Six (1-5)
  Mixed or Unmatched Pairs
Thirteenth Mixed Nines (3-6 and 4-5)
Fourteenth Mixed Eights (3-5 and 2-6)
Fifteenth Mixed Sevens (3-4 and 2-5)
Sixteenth Mixed Fives (1-4 and 2-3)
  Wongs
Seventeenth Twelve (6-6) and Nine (4-5)
Twelve (6-6) and Nine (3-6)
Eighteenth Two (1-1) and Nine (4-5)
Two (1-1) and Nine (3-6)
  Gongs
Nineteenth Twelve (6-6) and Eight (2-6)
Twelve (6-6) and Eight (3-5)
Twelve (6-6) and Eight (4-4)
Twentieth Two (1-1) and Eight (2-6)
Two (1-1) and Eight (3-5)
Two (1-1) and Eight (4-4)

 (d) When comparing two high hands or two low hands that are of identical permissible pair rank, the hand shall be considered a copy hand and the dealer or, if applicable, the bank shall win the hand.

 (e) Except as provided in subsection (g), when comparing the rank of high hands or low hands which do not contain any of the pairs listed in subsection (c), the higher ranking hand shall be determined on the basis of the value of the hands. The value of a hand shall be a single digit number from zero to nine and shall be determined by adding the total number of spots which are contained on the two tiles which form the hand. If the total of the spots is a two-digit number, the left digit of the number shall be discarded and the right digit shall constitute the value of the hand. Examples of this rule are as follows:

 (1) A hand composed of a Two (1-1) and a Six (3-3) has a value of 8.

 (2) A hand composed of an Eleven (5-6) and a Seven (1-6) has a numeric total of 18 but a value of 8 since the left digit in the number 18 is discarded.

 (f) If the tiles which form the Supreme Pair are used separately, the numeric total of the 1-2 tile may be counted as a 3 or a 6 and the numeric total of the 2-4 tile may be counted as a 3 or a 6. When the 1-2 tile is counted as 6, its individual ranking under subsection (h) shall be fifteenth instead of seventeenth and when the 2-4 tile is counted as 3, its individual ranking shall be seventeenth instead of fifteenth.

 (g) When comparing high hands or low hands which are of identical value, the hand with the highest ranking individual tile shall be considered the higher ranking hand. If, however, the numeric value of the tiles results in a zero-zero tie, both hands, regardless of the highest ranking tile, are equally bad and the dealer or, if applicable, the bank shall be considered the higher ranking hand.

 (h) The individual ranking for each tile, from highest rank to lowest rank, is as follows:

Ranking Tile Number of Tiles in Set
First Twelve (6-6) 2
Second Two (1-1) 2
Third Eight (4-4) 2
Fourth Four (1-3) 2
Fifth Ten (5-5) 2
Sixth Six (3-3) 2
Seventh Four (2-2) 2
Eighth Eleven (5-6) 2
Ninth Ten (4-6) 2
Tenth Seven (1-6) 2
Eleventh Six (1-5) 2
Twelfth Nine (3-6) 1
Twelfth Nine (4-5) 1
Thirteenth Eight (2-6) 1
Thirteenth Eight (3-5) 1
Fourteenth Seven (2-5) 1
Fourteenth Seven (3-4) 1
Fifteenth Six (2-4) 1
Sixteenth Five (1-4) 1
Sixteenth Five (2-3) 1
Seventeenth Three (1-2) 1

 (i) If the highest ranking tile in each hand being compared is of identical rank after the application of subsection (h), the hand shall be considered a copy hand, and the hand of the dealer or, if applicable, the bank shall be considered the higher ranking hand.

§ 621a.4. Opening of the table for gaming; mixing procedures.

 (a) After receiving one set of tiles at the table, the dealer shall sort and inspect the tiles and the floorperson assigned to the table shall verify the inspection. Nothing in this section precludes a certificate holder from cleaning the tiles prior to the inspection required herein. The tiles at the gaming table shall be inspected as follows:

 (1) Each set of tiles shall be sorted into pairs to assure that the Supreme Pair and all 15 matched and unmatched pairs, as identified in § 621a.3 (relating to Pai Gow tiles; ranking of hands, pairs and tiles; value of the hand), are in the set.

 (2) Each tile shall be placed side by side to determine that all tiles are the same size and shading.

 (3) The back and sides of each tile shall be examined to assure that it is not flawed, scratched or marked in any way.

 (i) If the dealer finds that certain tiles are unsuitable for use, a floorperson or above shall bring another set of tiles to the table from the reserve in the pit stand.

 (ii) The unsuitable set of tiles shall be placed in a sealed envelope or container, identified by table number, date and time and signed by the dealer and floorperson or above.

 (b) Following the inspection of the tiles and the verification by the floorperson assigned to the table, the tiles shall be turned face up, placed into 16 pairs and arranged according to rank starting with the Supreme Pair. The tiles shall be left in pairs for visual inspection by the first player to arrive at the table.

 (c) After the first player arriving at the table is afforded an opportunity to visually inspect the tiles, the tiles shall be turned face down on the table and mixed thoroughly.

 (d) The dealer shall mix the tiles with the heels of the hands. The dealer shall mix the tiles in a circular motion with one hand moving clockwise and the other hand moving counterclockwise. Each hand shall complete at least eight circular motions to provide a random mixing. The dealer shall then randomly pick up four tiles with each hand and place them side by side in stacks in front of the table inventory container, forming eight stacks of four tiles.

 (e) If during the stacking process described in subsection (d), a tile is turned over and exposed to the players, the entire set of tiles shall be remixed.

 (f) After each round of play has been completed, the dealer shall turn all of the tiles face down and mix the tiles in accordance with subsection (d).

 (g) If there is no gaming activity at the Pai Gow table, the tiles shall be turned face up and placed into 16 pairs according to rank starting with the Supreme Pair. Once a player arrives at the table, the dealer shall follow the procedures in subsections (c) and (d).

§ 621a.5. Wagers.

 (a) Wagers at Pai Gow shall be made by placing value chips or plaques on the appropriate areas of the Pai Gow layout. Verbal wagers accompanied by cash may not be accepted.

 (b) Only players who are seated at the Pai Gow table may place a wager. Once a player has placed a wager and received tiles, that player shall remain seated until the completion of the round of play. If a player leaves the table during a round of play, any wagers made by the player may be considered abandoned and treated as losing wagers.

 (c) All wagers at Pai Gow shall be placed prior to the dealer announcing ''no more bets'' in accordance with the dealing procedures in § 621a.6 (relating to procedures for dealing the tiles). A wager may not be made, increased or withdrawn after the dealer has announced ''no more bets.''

 (d) Except as provided in § 621a.9(f) (relating to player bank; co-banking; selection of bank; procedures for dealing), a certificate holder may, if specified in its Rules Submission under § 601a.2 (relating to table games Rules Submissions), permit a player to wager on two adjacent betting areas at a Pai Gow table. If a certificate holder permits a player to wager on adjacent betting areas, the tiles dealt to each betting area shall be played separately. If the two wagers are not equal, the player shall rank and set the hand with the larger wager before ranking and setting the other hand. If the amounts wagered are equal, each hand shall be played separately in a counterclockwise rotation with the first hand being ranked and set before the player proceeds to rank and set the second hand. Once a hand has been ranked, set and placed face down on the layout, the hands may not be changed.

§ 621a.6. Procedures for dealing the tiles.

 (a) After the dealer has completed mixing and stacking the tiles, the dealer shall either:

 (1) Announce ''no more bets'' and use a computerized random number generator that automatically selects and displays a number.

 (2) Announce ''no more bets'' and shake the Pai Gow shaker at least three times to cause a random mixture of the dice. The dealer shall then remove the lid covering the Pai Gow shaker and place the uncovered Pai Gow shaker on the designated area of the table layout. After removing the lid covering the Pai Gow shaker, the dealer shall total the dice.

 (b) The dealer shall then announce the total of the dice or the number displayed by the computerized random number generator. The total or number shall determine which player receives the first stack of tiles.

 (c) To determine the starting position for dealing the tiles, the dealer shall count each betting position in order, regardless of whether there is a wager at the betting position, and the Dead Hand, beginning with the dealer as number one and continuing around the table in a counterclockwise manner, until the count matches the total of the three dice or the number displayed by the computerized random number generator. Examples are as follows:

 (1) If the dice total nine, the dealer would receive the first stack of four tiles.

 (2) If the dice total 15, the sixth wagering position would receive the first stack of four tiles.

 (d) The dealer shall deal the first stack of four tiles, starting from the right side of the eight stacks, to the starting position as determined in subsection (c) and, moving counterclockwise around the table, deal all other positions including the Dead Hand and the dealer a stack of tiles, regardless of whether there is a wager at the position. The dealer shall place a marker on top of his stack of tiles immediately after they are dealt.

 (e) After all the stacks of tiles have been dealt, the dealer shall, without exposing the tiles, collect any stacks dealt to a position where there is no wager and place the stacks with the Dead Hand on the layout to the left of the dealer in front of the table inventory container.

 (f) If a Pai Gow shaker is utilized, once all tiles have been dealt and any tiles dealt to positions with no wagers have been collected, the dealer shall place the cover on the Pai Gow shaker and shake the shaker once. The Pai Gow shaker shall then be placed to the right of the dealer.

§ 621a.7. Alternative dealing procedures.

 As an alternative to the procedure in § 621a.6 (relating to procedures for dealing the tiles), the dealer or the player acting as the bank or co-bank may, if specified in the certificate holder's Rules Submission under § 601a.2 (relating to table games Rules Submissions), choose any of the following dealing styles:

 (1)  House Way From the Left. The dealer shall indicate the use of House Way From the Left by pushing forward the first stack of tiles on the dealer's left. The dealer shall deliver the stack pushed forward to the starting position. The remaining stacks of tiles shall be delivered from the dealer's left to right.

 (2) Cup Say (pick four) From the Right. The dealer shall indicate the use of Cup Say From the Right by pushing forward the first two stacks of tiles on the dealer's right. The dealer shall deliver the top two tiles from each of the two stacks pushed forward to the starting position. The four remaining tiles pushed forward shall be delivered to the next position. The remaining stacks of tiles shall be delivered from the dealer's right to left in the same manner as the first two stacks.

 (3) Cup Say (pick four) From the Left. The dealer shall indicate the use of Cup Say From the Left by pushing forward the first two stacks of tiles on the dealer's left. The dealer shall deliver the top two tiles from each of the two stacks pushed forward to the starting position. The four remaining tiles pushed forward shall be delivered to the next position. The remaining stacks of tiles shall be delivered from the dealer's left to right in the same manner as the first two stacks.

 (4) Jung Quat (take the heart). The dealer shall indicate the use of Jung Quat by pushing forward the fourth stack of tiles from the dealer's right and the fourth stack of tiles from the dealer's left (the two center stacks of the eight). The dealer shall deliver the top two tiles from each of the two stacks pushed forward to the starting position. The four remaining tiles pushed forward shall be delivered to the next position. The remaining stacks shall be pushed together and the two new center stacks shall be pushed forward and delivered in the same manner as the first two stacks. This procedure shall be repeated until all eight stacks of tiles have been delivered.

 (5) Chee Yee (chop the ears). The dealer shall indicate the use of Chee Yee by pushing forward the first stack of tiles on the dealer's right and the first stack of tiles on the dealer's left. To deliver the tiles, the dealer shall center the two stacks pushed forward in front of the remaining stacks. The dealer shall deliver the top two tiles from each of the two centered stacks to the starting position. The four remaining tiles from the two centered stacks shall be delivered to the next position. The dealer shall then center and deliver the first stack remaining on the dealer's right and the first stack remaining on the dealer's left in the same manner. This procedure shall be repeated until all eight stacks of tiles have been delivered.

 (6) Pin Say (slice four) From the Right. The dealer shall indicate the use of Pin Say From the Right by removing the top tile of the first stack of tiles on the dealer's right and placing it diagonally across the top of the second, third and fourth stacks of tiles from the dealer's right. The dealer shall deliver the top tile from each of the first four stacks on the dealer's right to the starting position (the diagonal tile plus the three tiles it covers). The top tile from each of the first four stacks on the dealer's left shall be delivered to the next position. The top tile remaining on each of the first four stacks on the dealer's right shall be delivered to the third position and the top tile remaining on each of the first four stacks on the dealer's left shall be delivered to the fourth position. This procedure shall be repeated until four tiles have been delivered to all eight positions.

 (7) Pin Say (slice four) From the Left. The dealer shall indicate the use of Pin Say From the Left by removing the top tile of the first stack of tiles on the dealer's left and placing it diagonally across the top of the second, third and fourth stacks of tiles from the dealer's left. The dealer shall deliver the top tile from each of the first four stacks on the dealer's left to the starting position (the diagonal tile plus the three tiles it covers). The top tile from each of the first four stacks on the dealer's right shall be delivered to the next position. The top tile remaining on each of the first four stacks on the dealer's left shall be delivered to the third position and the top tile remaining on each of the first four stacks on the dealer's right shall be delivered to the fourth position. This procedure shall be repeated until four tiles have been delivered to all eight positions.

 (8) Dragon Head and Phoenix Tail From the Right. The dealer shall indicate the use of Dragon Head and Phoenix Tail From the Right by placing all four tiles in the first and second stacks from the dealer's right directly on top of the four tiles in the third and fourth stacks from the dealer's right and then pushing forward the top two tiles in each of the eight-tile stacks that are created (forming the dragon head). The dealer shall deliver the four tiles pushed forward to the starting position. The top tile from each of the four stacks of four tiles to the dealer's left (the phoenix tail) shall be delivered to the next position. The dealer shall deliver the top two tiles from each of the two stacks on the dealer's right to the third position and the top tile from each of the four stacks on the dealer's left to the fourth position. This procedure shall be repeated until four tiles have been delivered to all eight positions.

 (9) Dragon Head and Phoenix Tail From the Left. The dealer shall indicate the use of Dragon Head and Phoenix Tail From the Left by placing all four tiles in the first and second stacks from the dealer's left directly on top of the four tiles in the third and fourth stacks from the dealer's left and then pushing forward the top two tiles in each of the eight-tile stacks that are created (forming the dragon head). The dealer shall deliver the four tiles pushed forward to the starting position. The top tile from each of the four stacks of four tiles to the dealer's right (the phoenix tail) shall be delivered to the next position. The dealer shall deliver the top two tiles from each of the two stacks on the dealer's left to the third position and the top tile from each of the four stacks on the dealer's right to the fourth position. This procedure shall be repeated until four tiles have been delivered to all eight positions.

§ 621a.8. Procedures for completion of each round of play; setting of hands; payment and collection of wagers; payout odds; vigorish.

 (a) After the dealing of the tiles has been completed, each player shall set his hands by arranging the tiles into a high hand and low hand. After setting the hands the tiles shall be placed face down on the layout immediately behind that player's betting area and separated into two distinct hands.

 (b) Each player at the table shall be responsible for setting his own hands and no other person except the dealer may touch the tiles of that player. If a player requests assistance in the setting of his hands, the dealer shall inform the requesting player of the manner in which the certificate holder requires the hands of the dealer to be set. Each player shall be required to keep the four tiles in full view of the dealer at all times. Once each player has set a high hand and low hand and placed the two hands face down on the layout, the player may not touch the tiles again.

 (c) After all players have set their hands and placed the tiles on the table, the four tiles of the dealer shall be turned over and the dealer shall set his hands by arranging the tiles into a high and low hand. The high hand shall be placed on the layout face up in a vertical position and the low hand shall be placed on the layout face up perpendicular to the high hand.

 (d) The dealer shall set his hands as follows:

 (1) If the dealer has the Supreme Pair, it shall be played as the Supreme Pair.

 (2) If possible, the dealer shall always play a pair, Wong or Gong as set forth in § 621a.3 (relating to Pai Gow tiles; ranking of hands, pairs and tiles; value of the hand).

 (3) If the dealer does not have any of the combinations in paragraph (1) or (2), the dealer shall play any two tiles together which have a value equal to nine, eight or seven.

 (4) If the dealer does not have any of the combinations in paragraph (1), (2) or (3), the dealer shall play the highest ranking tile with the lowest ranking tile.

 (e) A player may surrender his wager after the hands of the dealer have been set. The player shall announce his intention to surrender prior to the dealer exposing either of the two hands of that player as provided in subsection (g). Once the player has announced his intention to surrender, the dealer shall immediately collect the wager from that player and collect the four tiles dealt to that player and stack them face down on the right side of the table in front of the table inventory container without exposing the tiles to any other player at the table.

 (f) After the dealer has set a high and low hand and collected the wagers and tiles that are surrendered under subsection (e), the dealer shall reveal both hands of each player, beginning with the player farthest to the right of the dealer and continuing around the table in a counterclockwise direction. The dealer shall compare the high hand of the player to the high hand of the dealer and the low hand of the player to the low hand of the dealer and shall announce if the wager of that player wins, loses or is a tie.

 (g) A wager shall lose and be immediately collected if the high hand of the player is identical in rank or lower in rank than the high hand of the dealer, and the low hand of the player is identical in rank or lower in rank than the low hand of the dealer, or has a value of zero.

 (h) A wager shall tie and be returned to the player if:

 (1) The high hand of the player is higher in rank than the high hand of the dealer, but the low hand of the player is identical in rank to the low hand of the dealer, lower in rank than the low hand of the dealer or has a value of zero.

 (2) The high hand of the player is identical in rank to the high hand of the dealer or lower in rank than the high hand of the dealer, but the low hand of the player is higher in rank than the low hand of the dealer.

 (i) A wager shall win if the high hand of the player is higher in rank than the high hand of the dealer and the low hand of the player is higher in rank than the low hand of the dealer.

 (j) After settling the player's wager, the dealer shall immediately collect the tiles of that player and place the tiles face up to the right of the dealer in front of the table inventory container.

 (k) A certificate holder shall pay each winning Pai Gow wager at odds of 1 to 1, except that the certificate holder shall extract a vigorish from the winning players in an amount equal to 5% of the amount won. When collecting the vigorish, the certificate holder may round off the vigorish to 25¢ or the next highest multiple of 25¢. A certificate holder shall collect the vigorish from a player at the time the winning payout is made.

 (l) Tiles collected by the dealer shall be picked up in order and in a way so that they can be readily arranged to reconstruct each hand in the event of a question or dispute.

§ 621a.9. Player bank; co-banking; selection of bank; procedures for dealing.

 (a) A certificate holder may, if specified in its Rules Submission under § 601a.2 (relating to table games Rules Submissions), offer to all players at a Pai Gow table the opportunity to bank the game. If the certificate holder elects this option, the provisions of this section control for any round of play in which a player is the bank. The other provisions of this chapter apply to the extent that they do not conflict with the provisions of this section.

 (b) A player may not be the bank at the start of the game. For the purposes of this section, the start of the game means the first round of play after the dealer is required to restack and mix the tiles in accordance with § 621a.4 (relating to opening of the table for gaming; mixing procedures).

 (c) After the first round of play, each player at the table shall have the option to either be the bank or pass the bank to the next player. The dealer shall offer the bank to each player, starting with the player farthest to the dealer's right and continuing around the table in a counterclockwise manner, until a player accepts the bank. The dealer shall place a marker designating the bank in front of the player who accepts the bank. If the first player offered the bank accepts, the player seated to the right of the bank shall be offered the bank first on the next round of play. A player may not bank two consecutive rounds of play. If no player accepts the bank, the round of play shall proceed in accordance with the rules of play provided in this chapter.

 (d) Before a player may bank a round of play, the dealer shall confirm that:

 (1) The player placed a wager against the dealer during the last round of play in which there was no player banking the game.

 (2) The player has sufficient value chips or plaques on the table to cover all of the wagers placed by other players at the table for that round of play.

 (e) A certificate holder may, if specified in its Rules Submission under § 601a.2, offer the bank the option of co-banking the round of play. If the certificate holder offers this option, it shall be made available to all players at the table. If the bank wishes to use this option and co-bank 50% of the winning Pai Gow wagers, the bank must specifically request to co-bank with the dealer. The dealer shall place a marker designating the player co-banking that round of play. When the dealer is co-banking, the dealer shall be responsible for setting the hand of the bank in the manner as specified in the certificate holder's Rules Submission under § 601a.2. When co-banking is in effect, the dealer may not place a wager against the bank.

 (f) If a player is the bank, the player may wager on only one betting area.

 (g) Once the tiles have been mixed and formed into stacks as required under § 621a.4, the bank shall have the option to cut the tiles one time. If the bank does not wish to cut the tiles, there may not be a cut. Upon direction from the bank, the dealer may move the tiles in one of the following ways:

 (1) One or more adjacent stacks of four tiles to the right or left end of the original eight stacks of tiles.

 (2) Two or more adjacent stacks of four tiles, of which at least one stack is moved to one end and the other stacks are moved to the opposite end of the original eight stacks of tiles.

 (h) Once the dealer has determined that a player may be the bank, as required under subsection (d), and the tiles have been mixed, stacked and, if applicable, cut, the dealer shall, unless co-banking is in effect, remove value chips from the table inventory container in an amount equal to the banker's last wager made against the dealer or in an amount as specified in the certificate holder's Rules Submission. This amount shall be the amount the dealer wagers against the bank. The bank may direct that the sum wagered by the dealer be a lesser amount or that the dealer place no wager during that round of play. Any amount wagered by the dealer shall be placed in front of the table inventory container. Immediately upon receipt of the four tiles dealt to the dealer under subsection (k), the dealer shall place his wager on top of these tiles, instead of the marker otherwise required under § 621a.6 (relating to procedures for dealing the tiles), before dealing the remaining tiles. If co-banking is in effect, the dealer may not remove any value chips from the table inventory container under this subsection.

 (i) Once the dealer has announced ''no more bets,'' the bank may, by issuing a verbal instruction to the dealer, choose to have the dealer deliver the stacks using any one of the styles of delivery described in § 621a.7 (relating to alternative dealing procedures). If the bank does not choose a style of delivery, the dealer shall use the procedure in § 621a.6(d) to deliver the stacks. The bank shall then shake the Pai Gow shaker at least three times to cause a random mixture of the dice. Once the bank has completed shaking the Pai Gow shaker, the dealer shall remove the lid covering the Pai Gow shaker and place the uncovered Pai Gow shaker on the designated area of the table layout. The dealer shall then total the dice and announce the total. If the bank inadvertently removes the lid, the Pai Gow shaker shall be covered and reshaken by the bank.

 (j) To determine the starting position for dealing the tiles, the dealer shall count each betting position, the dealer and the Dead Hand, in order, regardless of whether there is a wager at the betting position, beginning with the bank as number one and continuing around the table in a counterclockwise manner until the count matches the total of the three dice.

 (k) The dealer shall deal the first stack of four tiles, in accordance with the selected style of delivery, to the starting position as determined in subsection (j) and, moving counterclockwise around the table, deal all other positions including the Dead Hand and the dealer a stack of tiles, regardless of whether there is a wager at the position. The dealer shall place his wager or marker, as applicable, on top of his stack of tiles immediately after the tiles are dealt.

 (l) After all the stacks of tiles have been dealt, the dealer shall, without exposing the tiles, collect any stacks dealt to a position where there is no wager and place the stacks with the Dead Hand on the layout to the left of the dealer in front of the table inventory container.

 (m) Once all tiles have been dealt and any tiles dealt to positions with no wagers have been collected, the dealer shall place the cover on the Pai Gow shaker and shake the shaker once. The Pai Gow shaker shall then be placed to the right of the dealer.

 (n) If the tiles dealt to the dealer have not been previously collected, after each player has set his two hands and placed them on the table layout, the two hands of the dealer shall then be set. Once the dealer has formed a high and low hand and placed the hands face up on the appropriate area of the table layout, the dealer shall expose the hands of the bank and determine if the hands of the dealer are higher in rank than the hands of the bank. If the dealer wins, the tiles of the dealer shall be stacked face up to the right of the table inventory container with the amount wagered by the dealer against the bank placed on top. If the dealer's hand is a tie with the banker's hand, the dealer shall return the amount wagered by the dealer against the bank to the table inventory container. If the dealer loses, the amount wagered by the dealer against the bank shall be moved to the center of the layout.

 (o) If a player is banking the round of play, once the dealer has determined the outcome of the wager of the dealer against the bank, if any, the dealer shall, starting with the player farthest to the dealer's right and continuing around the table in a counterclockwise manner, expose the hands of each player. The dealer shall compare the high and low hand of each player to the high and low hand of the bank and announce if the wager shall win, lose or tie. Losing wagers shall be immediately collected and placed in the center of the table. All winning wagers, including the dealer's wager, shall be paid by the dealer with the value chips located in the center of the table. If this amount becomes exhausted before all winning wagers have been paid, the dealer shall collect from the bank an amount equal to the remaining winning wagers and place that amount in the center of the layout. The remaining winning wagers shall be paid from the amount in the center of the layout. If, after collecting all losing wagers and paying all winning wagers, there is a surplus in the center of the table, this amount shall be charged a 5% vigorish in accordance with § 621a.8 (relating to procedures for completion of each round of play; setting of hands; payment and collection of wagers; payout odds; vigorish). Once the vigorish has been paid, the remaining amount shall be given to the bank.

 (p) Immediately after a winning wager of the dealer is paid, this amount and the dealer's original wager shall be returned to the table inventory container.

 (q) Each player who has a winning wager against the bank shall pay a 5% vigorish on the amount won, in accordance with § 621a.8.

 (r) If a player and the dealer are co-banking the round of play, once the dealer has set the co-bank hand under subsection (e), the dealer shall, starting with the player farthest to the dealer's right and continuing around the table in a counterclockwise manner, expose the hands of each player. The dealer shall compare the high and low hand of each player to the high and low hand of the bank and announce if the wager shall win, lose or tie. Losing wagers shall be immediately collected and placed in the center of the table. All winning wagers shall be paid by the dealer with the value chips located in the center of the table. If this amount becomes exhausted before all winning wagers have been paid, the dealer shall collect from the co-bank an amount equal to 1/2 of the remaining winning wagers and place that amount in the center of the layout. The dealer shall remove an amount equal to 1/2 of the remaining winning wagers from the table inventory container and place that amount in the center of the layout. The remaining winning wagers shall be paid from the total amount in the center of the layout. If, after collecting all losing wagers and paying all winning wagers, there is a surplus in the center of the table, this amount will be counted and the dealer shall place 1/2 of this amount into the table inventory container. The dealer shall collect a 5% vigorish, in accordance with § 621a.8 on the remaining amount. Once the vigorish has been paid, the remaining amount shall then be given to the co-bank.

§ 621a.10. Irregularities; invalid roll of the dice.

 (a) If the dealer uncovers the Pai Gow shaker and all three dice have not landed flat on the bottom of the shaker, the dealer shall call a ''no roll'' and reshake the dice.

 (b) If the dealer uncovers the Pai Gow shaker and a die or dice fall out of the shaker, the dealer shall call a ''no roll'' and reshake the dice.

 (c) If the dealer incorrectly totals the dice and deals the tiles to the wrong positions, all hands shall be void, all wagers shall be returned to the players and the dealer shall reshuffle the tiles.

 (d) If the dealer exposes any of the tiles dealt to a player, the player may void the hand. The player shall make the decision to either play out the hand or to void the hand without looking at his unexposed tiles. If the player elects to void his hand, any wagers placed by the player shall be returned to the player.

 (e) If a tile in the dealer's hand, the bank's hand, if applicable, the Dead Hand or any position where there is no wager, is exposed, all hands shall be void, all wagers shall be returned to the players and the tiles shall be reshuffled.

 (f) If the dealer or the bank, if applicable, does not set his hands in the manner as specified in the certificate holder's Rules Submission under § 601a.2 (relating to table games Rules Submissions), the hands shall be reset in accordance with the certificate holder's Rules Submission and the round of play shall be completed.

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