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COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 4384 (July 30, 2022).

Pennsylvania Code



CHAPTER 1116a. CONDUCT OF VIDEO GAMING

Sec.


1116a.1.    Video gaming area.
1116a.2.    Video gaming terminals.
1116a.3.    Redemption terminals.
1116a.4.    Automated teller machines.
1116a.5.    Commencement of video gaming generally.
1116a.6.    Establishment licensee restrictions.
1116a.7.    Terminal operator licensee restrictions.
1116a.8.    Restriction on wagering.
1116a.9.    Surveillance system standards.

Authority

   The provisions of this Chapter 1116a added under 4 Pa.C.S. § §  3301(a) and (b)(30) and 3302, unless otherwise noted.

Source

   The provisions of this Chapter 1116a added August 20, 2021, effective August 21, 2021, 51 Pa.B. 5207, unless otherwise noted.

§ 1116a.1. Video gaming area.

 (a)  A video gaming area must be within an establishment licensee’s premises and it must be separate and distinct through the installation of a physical barrier from a convenience store or other amenity available to patrons under 21 years of age.

 (b)  An establishment licensee shall notify and receive approval of the Board, the Bureau or designated staff of the Board prior to making any modification to the video gaming area.

 (c)  An establishment licensee shall provide all of the following:

   (1)  The entrance to the video gaming area and the conduct of video gaming are visible to at least one employee of the establishment licensee who holds an occupation permit.

   (2)  The video gaming area must have one entrance point which serves as the exit point.

   (3)  The video gaming area must be separated from the remaining establishment premises by a physical barrier which may consist of a wall, partition, gate or other barrier which may not obstruct the view of the conduct of video gaming by an employee who holds an occupation permit.

   (4)  The video gaming area shall, at all times, be monitored, either directly or through live monitoring of video surveillance, by an employee of the establishment licensee who is at least 18 years of age, holds an occupation permit and has completed mandatory training relating to compulsive and problem gambling.

   (5)  Every employee of the establishment licensee who has a valid occupation permit issued by the Board and who has duties which include monitoring the video gaming area of an establishment licensee shall display the Board-issued occupation permit credential on the outer clothing in a manner clearly visible to patrons and security and surveillance cameras.

   (6)  Every employee of a terminal operator who has a valid occupation permit issued by the Board and who has duties which require him to enter a video gaming area of an establishment licensee shall, while on the premises of an establishment licensee, display the Board-issued occupation permit credential on the outer clothing in a manner clearly visible to patrons and security and surveillance cameras.

 (d)  A video gaming area must have at least one redemption terminal which must be the sole and exclusive method to exchange a redemption ticket for cash.

 (e)  An establishment licensee shall prominently display in a place and manner conspicuous to all patrons entering and exiting the video gaming area signs containing the following statement printed in bold lettering of sufficient size to be visible and readable: ’’The video gaming area including the entrance and exit is subject to surveillance and video recording.’’

 (f)  A video gaming area must comply with § §  1118a.1 and 1118a.2 (relating to signage requirements; and problem gambling information).

 (g)  A video gaming area must have a sign prominently displayed that sets forth the maximum wager amount and maximum prize per individual game as set forth in the act.

§ 1116a.2. Video gaming terminals.

 (a)  A terminal operator licensee may place up to five video gaming terminals in the video gaming area of an establishment licensee.

 (b)  A video gaming terminal may not be made available for use prior to being tested and certified by the Board as meeting the requirements in 4 Pa.C.S. §  3701 (relating to testing and certification of terminals).

 (c)  Video gaming terminals may not have the ability to dispense cash, tokens or anything of value, except redemption tickets which shall only be exchangeable at a redemption terminal or reinserted into another video gaming terminal in the same video gaming area.

§ 1116a.3. Redemption terminals.

 (a)  A terminal operator licensee shall place at least one redemption terminal in the video gaming area of an establishment licensee.

 (b)  A redemption terminal in a video gaming area must be equipped with an integrated camera which must record the image of all persons using the redemption terminal and maintain those images for a minimum period of 30 days, or the surveillance system utilized in the video gaming area must have camera coverage of the redemption terminal that makes it possible to identify the individual using the redemption terminal.

 (c)  A redemption terminal may not be made available for use prior to being tested and certified by the Board as meeting the requirements in 4 Pa.C.S. §  3701 (relating to testing and certification of terminals).

 (d)  The redemption terminal must only accept redemption tickets from video gaming terminals in the same video gaming area.

 (e)  Redemption tickets shall only be exchanged for cash through a redemption terminal located within the same video gaming area.

§ 1116a.4. Automated teller machines.

 (a)  Automated teller machines may be placed at any location within an establishment licensee’s facility. Automated teller machines that offer credit card advances may not be placed in the video gaming area.

 (b)  An automated teller machine in a video gaming area must be equipped with an integrated camera which must record the image of all persons using the automated teller machine and maintain those images for a minimum period of 30 days, or the surveillance system utilized in the video gaming area must have camera coverage of the automated teller machine that makes it possible to identify the individual using the automated teller machine.

 (c)  An automated teller machine located in the video gaming area must have a label on the top and front of the automated teller machine that displays a unique identification number of the automated teller machine. The labels must have white lettering on a dark-colored background, may not be easily removed and must be easily visible by surveillance equipment. The label on the top of the automated teller machine must be at least 1.5 inches by 5.5 inches and the label on the front of the automated teller machine must be at least 1 inch by 2.5 inches.

 (d)  Automated teller machines located within a video gaming area may not accept ACCESS/Electronic Benefits Transfer Cards.

§ 1116a.5. Commencement of video gaming generally.

 (a)  Prior to offering video gaming terminals, a terminal operator shall demonstrate all of the following:

   (1)  The video gaming area complies in all respects with 4 Pa.C.S. Part III (relating to video gaming), this subpart and any technical standards adopted by the Board and published in the Pennsylvania Bulletin and posted on the Board’s web site.

   (2)  Video gaming terminals utilized in the conduct of video gaming have been tested and approved by the Board in compliance with 4 Pa.C.S. Part III, this subpart and technical standards adopted by the Board and published in the Pennsylvania Bulletin and posted on the Board’s web site.

   (3)  The video gaming area has been approved by the Board in compliance with 4 Pa.C.S. Part III, this subpart and technical standards adopted by the Board and published in the Pennsylvania Bulletin and posted on the Board’s web site.

   (4)  The terminal operator licensee’s internal control systems and audit protocols have been approved by the Board in compliance with 4 Pa.C.S. Part III, this subpart and technical standards adopted by the Board and published in the Pennsylvania Bulletin and posted on the Board’s web site.

   (5)  The terminal operator licensee is prepared to implement necessary management controls, surveillance and security precautions to insure the efficient conduct of video gaming.

   (6)  The terminal operator licensee and establishment licensee’s employees are licensed or permitted by the Board and trained in the performance of their responsibilities.

 (b)  Upon a terminal operator licensee and an establishment licensee meeting the criteria in subsection (a), the Board may authorize the date and time at which the establishment licensee may commence video gaming in the video gaming area.

Cross References

   This section cited in 58 Pa. Code §  1116a.9 (relating to surveillance system standards).

§ 1116a.6. Establishment licensee restrictions.

 (a)  An establishment licensee may not permit a person under 21 years of age to play a video gaming terminal or enter the video gaming area.

 (b)  An establishment licensee may not offer or provide an incentive to a person to engage in video gaming activity.

 (c)  An establishment licensee may not permit a visibly intoxicated person to play a video gaming terminal.

 (d)  An establishment licensee may not extend credit or accept a credit card or debit card for play of a video gaming terminal.

 (e)  An establishment licensee may not make structural alterations or significant renovations to a video gaming area unless the establishment licensee has notified the terminal operator licensee and obtained prior approval from the Board.

 (f)  An establishment licensee may not move a video gaming terminal or redemption unit after installation by a terminal operator licensee.

§ 1116a.7. Terminal operator licensee restrictions.

 (a)  No more than five video gaming terminals may be placed on the premises of an establishment licensee.

 (b)  Redemption tickets may only be redeemed for cash through a ticket redemption terminal located in the same video gaming area or reinserted into another video gaming terminal in the same video gaming area for continued play.

 (c)  Video gaming terminals located in the video gaming area of an establishment licensee must be placed and operated under a terminal placement agreement approved by the Board.

 (d)  A terminal operator licensee may not offer or provide an incentive to a person to engage in video gaming activity.

 (e)  A terminal operator licensee may not extend credit or accept a credit card or debit card for play of a video gaming terminal.

 (f)  A terminal operator licensee may not give or offer to give, directly or indirectly, any type of inducement to a truck stop establishment to secure or maintain a terminal operator placement agreement. For purposes of this subsection, an ‘‘inducement’’ may not include payment by a terminal operator licensee for the actual costs of renovating an existing area of the footprint of the truck stop establishment for the purpose of making the video gaming area and associated areas available for the conduct of video gaming. The term, as used in this subsection, does not include making the area operate at the premises including wiring, rewiring, software updates, ongoing video gaming terminal maintenance, redemption terminals, network connections, site controllers and costs associated with communicating with the central control computer system, as well as renovations to include flooring, lighting and barriers. Nothing in this section shall preclude a truck stop establishment from making further modifications to its facility to accommodate video gaming terminal.

 (g)  A terminal operator licensee may not give an establishment licensee a percentage of gross terminal revenue other than 15% of the gross terminal revenue of the video gaming terminals operating in the establishment licensee’s premises.

 (h)  A terminal operator licensee may not operate, install or otherwise make available for public use a video gaming terminal or redemption terminal that has not been obtained from a manufacturer licensee or supplier licensee.

 (i)  A terminal operator licensee may not make structural alterations or significant renovations to a video gaming area unless the terminal operator licensee has notified the establishment licensee and obtained prior approval from the Board.

 (j)  A terminal operator licensee may not move a video gaming terminal or redemption unit after installation unless prior approval of the Board is obtained.

§ 1116a.8. Restriction on wagering.

 (a)  An individual who holds a license, occupation permit or registration and is currently employed by or is a principal associated with an establishment licensee may not wager at a video gaming terminal in the establishment where the individual is employed or associated.

 (b)  An individual who holds a license, occupation permit or registration and is currently employed by or is a principal associated with a terminal operator licensee, manufacturer licensee or supplier licensee may not wager at any video gaming terminal in a truck stop establishment at which the individual operates, services, or installs video gaming terminals or associated equipment.

§ 1116a.9. Surveillance system standards.

 (a)  In accordance with §  1116.5(a)(5) (relating to commencement of video gaming generally), the terminal operator licensee or establishment licensee shall implement all necessary surveillance systems in each establishment in which video gaming is offered prior to the commencement of video gaming.

 (b)  The surveillance systems implemented in each establishment shall, at a minimum, provide for all of the following:

   (1)  Must operate on a 24-hours per day, 7-days per week basis.

   (2)  Must be capable of recording all activity in images clearly displaying facial detail of players, as well as details of the video gaming terminals, redemption terminals, automated teller machines and all other areas as require by Board regulation.

   (3)  Must be capable of recording and storing all images by each surveillance camera for a minimum of 30 days in a format that may be easily accessed for investigative purposes. If a proprietary video player for the recording and playback of surveillance footage is used, a terminal operator shall provide the necessary program files to the Board or Bureau upon request of surveillance footage for investigative purposes.

   (4)  Must provide the Board and the Bureau with remote access to the surveillance system to view surveillance footage in real-time.

   (5)  Must be capable of clearly and accurately displaying the time and date, synchronized and set correctly, which shall not significantly obscure the surveillance footage.

   (6)  Must be capable of operating under normal lighting conditions, with the entire area covered by the surveillance system having lights on 24-hours per day, 7-days per week.

   (7)  Must be capable of producing a clear, still photograph or video in digital format that can be provided in unaltered form within 2 business days following a request by the Board or the Bureau.

   (8)  Must undergo quarterly maintenance inspections to ensure that any repairs, alterations or upgrades to the surveillance system are made for the proper operation of the system.

 (c)  If a terminal operator or establishment licensee has been notified by the Board, the Bureau, or law enforcement of a pending criminal or administrative investigation for which a recording may contain relevant information, the terminal operator or establishment licensee shall retain an unaltered copy of the recording until the investigation or proceeding is closed or the entity conducting the investigation or proceeding notifies the terminal operator or establishment licensee that it is not necessary to retain the recording.

 (d)  A terminal operator or establishment licensee shall make available to the Board or its authorized agents, upon request, a current list of authorized employees and service employees or contractors who may have access to any of the surveillance areas.

 (e)  A terminal operator may have a centralized location for the server and surveillance room for the establishments in which video gaming is operated if the terminal operator also places the necessary equipment in each establishment so that the surveillance footage may also be viewed onsite.

 (f)  The terminal operator may provide remote, real-time access to the surveillance system to the owner or operator of the establishment.

 (g)  The terminal operator or establishment licensee shall notify the Bureau of Casino Compliance within 1 hour of any incident of equipment failure within the surveillance system, including the time and cause of the malfunction, if known.

 (h)  If at any time surveillance coverage of the video gaming area cannot be maintained, the video gaming area shall be closed, unless approved by the Board.



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