Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 51 Pa.B. 1118 (February 27, 2021).

58 Pa. Code § 441a.1. Definitions.

§ 441a.1. Definitions.

 For purposes of this subpart, the following words and terms have the following meanings, unless the context clearly indicates otherwise:

   Amenities—Ancillary activities, services or facilities in which a registered guest or the transient public, in return for non-de minimis consideration, may participate at a resort hotel, including, but not limited to:

     (i)   Sports and recreational activities and facilities such as a golf course, golf driving range, tennis court or swimming pool.

     (ii)   Health spa.

     (iii)   Convention, meeting and banquet facilities.

     (iv)   Entertainment facilities.

     (v)   Restaurant facilities.

   Applicant—A person who applies to the Board to receive a slot machine license as defined in this section.

   Developer—A person engaged by a slot machine applicant or licensee to construct a proposed licensed facility or to otherwise make land or buildings suitable for use as a licensed facility.

   Guest rooms under common ownership—A room or group of rooms, including timeshare units, that are owned by a well-established resort hotel and that are available for rental.

   Initial plan of development—The slot machine licensee’s financing, construction schedule, comprehensive design plan and projected expenditure for the licensed facility as described by the licensee in its application and presented at the licensee’s initial suitability hearing before the Board.

   Licensing hearing—A hearing before the Board in which an applicant for a slot machine license will have an opportunity to present to the Board:

     (i)   Evidence concerning its eligibility for a license.

     (ii)   Evidence concerning its suitability for a license.

     (iii)   Evidence of how its proposed facility and operation addresses the criteria identified in section 1325(c) of the act (relating to license or permit issuance).

     (iv)   For applicants seeking licensure under section 1304 of the act (relating to Category 2 slot machine license), evidence which sets forth a comparison between the applicant and other applicants within the same category of licensure on the standards and criteria in the act.

   Modified plan of development—An alteration to a slot machine licensee’s initial plan of development.

   Non-de minimis consideration—A payment of fair market value of at least $10 per patron paid to the resort hotel for use of one or more amenities.

   Organization—Legal business entities that are under common ownership or control, including, but not limited to, affiliates, subsidiaries, intermediaries and holding companies.

   Patron of amenities—An individual who is a registered attendee of a convention, meeting or banquet event or a participant in a sport or recreational event or any other social, cultural or business event held at a resort hotel or who participates in one or more of the amenities provided to registered guests of the resort hotel.

   Slot machine license—A Category 1 slot machine license under section 1302 of the act (relating to Category 1 slot machine license), a Conditional Category 1 slot machine license under section 1315 of the act (relating to conditional Category 1 licenses), a Category 2 slot machine license under section 1304 of the act (relating to Category 2 slot machine license) and a Category 3 slot machine license under section 1305 of the act (relating to Category 3 slot machine license).

   Well-established resort hotel—A resort hotel having at least 275 guest rooms under common ownership at the time of application for a Category 3 slot machine license and having substantial year-round recreational guest amenities.

Authority

   The provisions of this §  441a.1 amended under 4 Pa.C.S. § §  1202(b)(9)—(23), 1205, 1206(f) and (g), 1207(1) and (2), 1208(1)(iii), 1209(b), 1212, 1213, 13A11, 13A12—13A14, 13A15 and 1802 and Chapter 13.

Source

   The provisions of this §  441a.1 amended June 12, 2015, effective June 13, 2015, 45 Pa.B. 2829. Immediately preceding text appears at serial pages (367895) to (367896).

Cross References

   This section cited in 58 Pa. Code §  441a.20a (relating to changes to a slot machine licensee’s initial or modified plan of development).



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