4 PA Cons Stat § 1317.3 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 4 - AMUSEMENTS|Chapter 13 - Licensees|Section 1317.3 - Nongaming service provider

§ 1317.3. Nongaming service provider. (a) Notification required.-- (1) A slot machine licensee or applicant for a slot machine license that contracts with or otherwise engages in business with a nongaming service provider shall provide notification to the board prior to:  (i) the nongaming service provider's provision of goods or services at the slot machine licensee's licensed facility; or  (ii) the provision of goods or services for use in the operation of the slot machine licensee's licensed facility.  (2) Notification under this section shall be on a form and in a manner as determined by the board. The board may impose a fee, not to exceed $100, in connection with the notification.  (b) Contents of notification.--Notification under this section shall include:  (1) The name and business address of the nongaming service provider. (2) A description of the type or nature of the goods or services to be provided. (3) An affirmation from the slot machine licensee or applicant for a slot machine license that the goods or services to be provided by the nongaming service provider will not require access to the gaming floor or a gaming-related restricted area.  (4) An affirmation from the slot machine licensee or applicant for a slot machine license certifying that the licensee or applicant has performed due diligence regarding the nongaming service provider and believes that neither the nongaming service provider nor its employees will adversely affect the public interest or integrity of gaming.  (5) Any other information that the board deems necessary. (c) Duration of notification.--Subject to subsection (d)(5), the nongaming service provider notification required under subsection (a) shall be valid for five years.  (d) Conditions.--A slot machine licensee or applicant for a slot machine license that contracts or otherwise engages in business with a nongaming service provider shall be subject to the following conditions:  (1) The nongaming service provider and its employees shall only provide the goods and services described in the notification under this section.  (2) The slot machine licensee or applicant for a slot machine license shall notify the board of any material change in the information provided in the notification under this section. No fee shall be required for a subsequent change during the time for which the notification remains valid under subsection (c).  (3) The slot machine licensee or applicant for a slot machine license shall ensure that employees of the nongaming service provider do not enter the gaming floor or a gaming-related restricted area while providing the goods or services described in subsection (b)(2).  (4) The slot machine licensee or applicant for a slot machine license shall report to the board an employee of a nongaming service provider that does any of the following:  (i) Enters the gaming floor or a gaming-related restricted area of the licensed facility. (ii) Commits an act that adversely affects the public interest or integrity of gaming. (5) The board may prohibit a nongaming service provider or any of its employees from providing goods or services to a slot machine licensee or applicant for a slot machine license at a licensed facility upon a finding by the board that the prohibition is necessary to protect the public interest or integrity of gaming.  (e) Authority to exempt.--The board may exempt a slot machine licensee or applicant for a slot machine license from the notification requirements of this section if the board determines any of the following:  (1) The nongaming service provider or the type or nature of the nongaming service provider's business is regulated by an agency of the Federal Government, an agency of the Commonwealth or the Pennsylvania Supreme Court.  (2) Notification is not necessary to protect the public interest or integrity of gaming. (f) (Reserved). (g) Criminal history record information.--Notwithstanding any other provision of this part or regulation of the board, a nongaming service provider shall obtain from the Pennsylvania State Police and provide to the board the results of a criminal history record information check under 18 Pa.C.S. Ch. 91 (relating to criminal history record information).  (h) Emergency notification.-- (1) A slot machine licensee may use a nongaming service provider prior to the board receiving notification under this section when a threat to public health, welfare or safety exists or circumstances outside the control of the slot machine licensee require immediate action to mitigate damage or loss to the slot machine licensee's licensed facility or to the Commonwealth.  (2) A slot machine licensee that uses a nongaming service provider in accordance with paragraph (1) shall:  (i) Notify the board immediately upon engaging a nongaming service provider for which the board has not previously received notification in accordance with subsection (a).  (ii) Provide the notification required under subsection (a) within a reasonable time as established by the board.  (i) Nongaming service provider list.-- (1) The board shall have the authority to prohibit a nongaming service provider from engaging in business with a slot machine licensee upon a finding by the board that the prohibition is necessary to protect the public interest and the integrity of gaming.  (2) The board shall develop and maintain a list of prohibited nongaming service providers and make it available upon request to a slot machine licensee or an applicant for a slot machine license.  (3) A slot machine licensee or applicant for a slot machine license may not enter into an agreement or engage in business with a nongaming service provider appearing on the list described in paragraph (2).  (j) Duties of nongaming service provider.--A nongaming service provider shall:  (1) Cooperate with the board and bureau regarding an investigation, hearing, enforcement action or disciplinary action.  (2) Comply with each condition, restriction, requirement, order or ruling of the board issued under this part or regulation of the board.  (3) Report any change in circumstances to the slot machine licensee or applicant for a slot machine license that may render the nongaming service provider ineligible, unqualified or unsuitable for the provision of goods or services at a licensed facility or use in the operation of a licensed facility. The slot machine licensee or applicant for a slot machine license shall report any change in circumstances to the board in such form and manner as the board may establish.  (k) Construction.--Nothing in this section shall be construed to limit the powers and authority of the board under section 1202 (relating to general and specific powers) or the regulatory authority of the board under section 1207 (relating to regulatory authority of board).  (Oct. 30, 2017, P.L.419, No.42, eff. imd.)   2017 Amendment. Act 42 added section 1317.3.