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.12. Maintaining agreements; filing of agreements.

§ 441a.12. Maintaining agreements; filing of agreements.

 (a)  Maintaining agreements. Each approved slot machine licensee shall maintain the following:

   (1)  A copy of every executed agreement with licensed manufacturers, manufacturer designees, suppliers, tenant businesses or franchises located within the licensed facility, and persons required to file a notification or be registered or certified with the Board in accordance with §  437a.1(a), (b) or (h) (relating to general gaming service provider requirements) or Chapter 613a (relating to gaming related gaming service providers). Agreements relating to slot machines, table games, table game devices and associated equipment must be in writing.

   (2)  Records associated with an oral agreement with licensed manufacturers, manufacturer designees, suppliers, tenant businesses or franchises located within the licensed facility and persons required to file a notification or other request for authorization with the Board in accordance with §  437a.1(a), (b), (g) or (h) or Chapter 613a.

   (3)  A copy of all executed land and real estate agreements relating to racing or gaming operations.

   (4)  A copy of all amendments to agreements listed in paragraphs (1)—(3).

 (b)  Filing agreements. Each approved slot machine licensee shall file with the Board:

   (1)  Agreements with manufacturers, suppliers, manufacturer designees or gaming related gaming service providers relating to slot machines, table games, table game devices and associated equipment.

   (2)  Corporate overhead assessment agreements, shared service agreements, centralized service agreements or an agreement under which an affiliate, intermediary, subsidiary or holding company of an approved slot machine licensee provides goods or services to the approved slot machine licensee.

   (3)  Agreements that provide for the management of all or part of the gaming operations of a licensed facility.

   (4)  Agreements under which a person’s right to receive payment is based or contingent upon a licensee’s earnings, profits or receipts from the slot machines, table games or associated equipment.

   (5)  Amendments to agreements described in paragraphs (1)—(4).

 (c)  Content of filings. In addition to the agreements in subsection (b)(1)—(4), the Board may require an approved slot machine licensee to submit a copy of a written agreement or documents reflecting or relating to any oral agreement. Documentation of an oral agreement submitted to the Board must include the following:

   (1)  A description of the goods or services to be provided and the person that will provide the goods or services to the approved slot machine licensee.

   (2)  The name and business address of the parties to the agreement.

   (3)  The duration of the agreement or the expected date or dates of performance.

   (4)  The financial terms of the agreement.

Authority

   The provisions of this §  441a.12 amended under 4 Pa.C.S. § §  1102(8) and (9), 1103, 1202(b)(15) and (30), 1209(b), 1313, 1317(c), 1317.1(c), 1317.2, 1321 and 1326.

Source

   The provisions of this §  441a.12 amended May 14, 2010, effective May 15, 2010, 40 Pa.B. 2533; amended October 22, 2010, effective October 23, 2010, 40 Pa.B. 6083; amended July 19, 2013, effective July 20, 2013, 43 Pa.B. 4096. Immediately preceding text appears at serial pages (365638) and (353455).

Cross References

   This section cited in 58 Pa. Code §  437a.1 (relating to general vendor requirements); and 58 Pa. Code §  441a.13 (relating to Board approval of agreements).



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