CHAPTER 804. QUALIFIED GAMING ENTITYTEMPORARY REGULATIONS
804.1. Qualified gaming entity license requirements.
804.2. Qualified gaming entity petition requirements.
804.3. Qualified gaming entity application requirements.
804.4. Qualified gaming entity license term and renewal.
The temporary provisions of this Chapter 804 issued under 4 Pa.C.S. § § 1202(b)(30) and 13B03(b), unless otherwise noted.
§ 804.1. Qualified gaming entity license requirements.
(a) A qualified gaming entity seeking to offer interactive gaming in this Commonwealth may petition the Board for an interactive gaming certificate if all of the following apply:
(1) At least 120 days after the Board begins accepting petitions to offer interactive gaming in this Commonwealth under the act has passed.
(2) Any category of interactive game, as detailed in § 802.1(b) (relating to interactive gaming certificate requirements), remains available after eligible slot machine licensees failed to petition for authorization to offer that category of interactive game directly or through an interactive gaming operator.
(3) The entity holds a license, in good standing, in any gaming jurisdiction which entitles the entity to conduct casino, table or poker-style games in a physical land-based casino or by means of the Internet, or both.
(b) The Board will approve and post the process for selecting eligible qualified gaming entities, in the event more eligible qualified gaming entities petition for an interactive gaming certificate than there are interactive gaming certificates available, prior to the deadline for entities to petition the Board for any available interactive gaming certificates.
§ 804.2. Qualified gaming entity petition requirements.
(a) A qualified gaming entity petitioner for an interactive gaming certificate shall submit to the Board a petition containing the information required by slot machine licensees seeking an interactive gaming certificate under § 802.2 (relating to interactive gaming certificate petition and standards).
(b) The qualified gaming entity petitioner shall also show, by clear and convincing evidence, all of the following:
(1) It is licensed in good standing in another gaming jurisdiction.
(2) The licensing standards of that other gaming jurisdiction are comprehensive and thorough and provide similar safeguards as those required by the Commonwealth.
(3) The petitioner has the business experience and expertise to operate an interactive gaming system.
(c) In addition to the materials required under subsections (a) and (b), the qualified gaming entity petitioner for an interactive gaming certificate shall show, by clear and convincing evidence, that it has implemented or will implement all of the following:
(1) Interactive gaming that complies in all respects with the requirements of this subpart and regulations promulgated by the Board.
(2) A system of age, identity and location verification protocols designed to block access to individuals under 21 years of age and persons otherwise excluded or prohibited from engaging in interactive gaming in accordance with this subpart, as approved by the Board, has been implemented by the petitioner.
(3) Appropriate data security standards to prevent unauthorized access by any person whose age, identity and location has not been verified or cannot be verified in accordance with the regulations promulgated by the Board.
(4) Appropriate standards to protect the privacy and security of registered players with a reasonable degree of certainty.
(5) A system of internal and accounting controls applicable to interactive gaming, and the security and integrity of all financial transactions in connection with the system, that complies with this chapter and regulations promulgated by the Board.
§ 804.3. Qualified gaming entity application requirements.
(a) If selected under the Board process in § 804.1(b) (relating to qualified gaming entity license requirements), the eligible qualified gaming entity petitioner shall submit all applicable applications for licensure as required by the Bureau of Licensing.
(b) In determining whether an eligible qualified gaming entity petitioner is suitable to be issued a qualified gaming entity interactive gaming certificate under this subpart, the Board will consider all of the following:
(1) The financial fitness, good character, honesty, integrity and responsibility of the petitioner.
(2) If all principals of the petitioner are eligible and suitable under the standards of section 1311.1 of the act (relating to licensing of principals).
(3) The integrity of all financial backers.
(4) The suitability of the petitioner and the principals of the petitioner based on the satisfactory results of all of the following:
(i) The background investigation of the principals.
(ii) A current tax clearance review performed by the Department.
§ 804.4. Qualified gaming entity license term and renewal.
(a) A qualified gaming entity interactive gaming certificate and the renewal thereof is valid for 5 years from the date of approval of the application by the Board.
(b) A renewal application for a qualified gaming entity interactive gaming certificate shall be filed at least 6 months prior to the expiration of the current certificate.
(c) A qualified gaming entity interactive gaming certificate for which a completed renewal application and fee has been received by the Board will continue in effect until acted upon by the Board.
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