reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart B - Licensing, Permitting, Certification and Registration › Chapter 439a - JUNKET ENTERPRISES › Section 439a.5 - Gaming junket representative general requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An individual may not act as a gaming
				  junket representative in connection with a gaming junket to a licensed facility
				  unless the individual has obtained an occupation permit under §
										435a.3 (relating to occupation
				  permit) and is employed by a gaming junket enterprise that is licensed by the
				  Board.
(b) A gaming junket
				  representative may be employed by only one gaming junket enterprise at a
				  time.
(c) An individual who is
				  employed by a slot machine licensee and holds a valid occupation permit may act
				  as a gaming junket representative. Board staff will evaluate all of the
				  following indicia of employment to determine if an individual is a bona fide
				  employee of a slot machine licensee versus an employee of a gaming junket
				  enterprise:
(1) The individual receives a W-2
				  Form, wage and tax statement, from the slot machine licensee.
(2) The slot machine licensee has the right
				  to control or direct what work shall be done and how it shall be
				  performed.
(3) The individual is
				  reimbursed by the slot machine licensee for business expenses incurred on
				  behalf of the licensee.
(4) The
				  individual participates in or receives benefits from the slot machine licensee
				  such as insurance, pension plan, vacation pay or sick pay.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart B - Licensing, Permitting, Certification and Registration › Chapter 439a - JUNKET ENTERPRISES › Section 439a.6 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
												439a.6 reserved under the
						Pennsylvania Race Horse Development and Gaming Act, 4 Pa.C.S. Chapter 16.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart B - Licensing, Permitting, Certification and Registration › Chapter 439a - JUNKET ENTERPRISES › Section 439a.6a - Gaming junket enterprise license and occupation permit term and renewal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A gaming junket
				  enterprise license and gaming junket representative occupation permit issued
				  under this chapter will be valid for 3 years from the date of Board
				  approval.
(b) A renewal application
				  shall be submitted to the Board at least 60 days prior to the expiration of the
				  license or occupation permit.
(c) A
				  licnese or occupation permit for which a completed renewal application and fee
				  has been received by the Board will continue in effect until the Board sends
				  written notification to the holder of the gamin junket enterprise license or
				  occupation permit that the Board has approved or denied the license or
				  occupation permit.
(d) The gaming
				  junket enterprise license and the gaming junket representative occupation
				  permit are nontransferable.
The provisions of this §
												439a.6a issued under the
						Pennsylvania Race Horse Development and Gaming Act, 4 Pa.C.S. Chapter 16.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart B - Licensing, Permitting, Certification and Registration › Chapter 439a - JUNKET ENTERPRISES › Section 439a.6b - Conditional licenses

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Board
				  may grant an applicant for a gaming junket enterprise license a conditional
				  license to conduct junkets in this Commonwealth. To be eligible to obtain a
				  conditional gaming junket enterprise license, the applicant shall:
(1) Submit completed gaming junket
				  enterprise applications, including the nonrefundable application fees, as
				  posted on the Board's web site, and pass a preliminary review.
(2) Submit agreements entered into between
				  the slot machine licensee and the gaming junket enterprise or
				  representative.
(3) Be licensed or
				  credentialed, in good standing, to arrange or negotiate the terms of a gaming
				  junket in a jurisdiction in the United States or Canada that the Board has
				  determined has licensing standards that are as comprehensive and thorough and
				  provide similar adequate safeguards as those required under the act.
(4) Pass a preliminary review of the
				  applicant's criminal history.
(5)
				  Agree, in writing, that the grant of permission to conduct business with a
				  conditional license does not create a right to continue to conduct business and
				  that the Bureau of Licensing may rescind, at any time, the conditional
				  licensure granted to the applicant, with or without prior notice to the
				  applicant, if the Bureau of Licensing is notified that the suitability of the
				  applicant is at issue or the applicant fails to cooperate in the application
				  process.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart B - Licensing, Permitting, Certification and Registration › Chapter 439a - JUNKET ENTERPRISES › Section 439a.7 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
												439a.7 amended under the
						Pennsylvania Race Horse Development and Gaming Act, 4 Pa.C.S. Chapter 16;
						reserved under
						4
						Pa.C.S. §§
													1202(b)(30),
						1322,
						13A 02(1) and (2), 13A27,
						1602, 1604 and 1608.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart B - Licensing, Permitting, Certification and Registration › Chapter 439a - JUNKET ENTERPRISES › Section 439a.8 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
												439a.8 amended under the
						Pennsylvania Race Horse Development and Gaming Act, 4 Pa.C.S. Chapter 16;
						reserved under
						4
						Pa.C.S. §§
													1202(b)(30),
						1322,
						13A 02(1) and (2), 13A27,
						1602, 1604 and 1608.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart B - Licensing, Permitting, Certification and Registration › Chapter 439a - JUNKET ENTERPRISES › Section 439a.9 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
												439a.9 amended under the
						Pennsylvania Race Horse Development and Gaming Act, 4 Pa.C.S. Chapter 16;
						reserved under
						4
						Pa.C.S. §§
													1202(b)(30),
						1322,
						13A 02(1) and (2), 13A27,
						1602, 1604 and 1608.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart B - Licensing, Permitting, Certification and Registration › Chapter 439a - JUNKET ENTERPRISES › Section 439a.10 - Monthly gaming junket reports

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Each slot machine licensee shall, on or before the last day of the month, file
				  with the Bureau of Casino Compliance and the Bureau of Investigations and
				  Enforcement a monthly gaming junket report for the preceding month. The monthly
				  gaming junket report must contain all of the following:
(1) The name of the gaming junket
				  enterprise.
(2) The name and gaming
				  identification number of each individual who performed the services of a gaming
				  junket representative.
(3) Patron
				  name.
(4) Patron address.
(5) Patron account number.
(6) Date of association with the gaming
				  junket enterprise or gaming junket representative.
(7) Date of the trip.
(8) Table games theoretical win.
(9) Table games actual win.
(10) Slot machine theoretical win.
(11) Slot machine actual win.
(12) The actual amount of complimentary goods
				  or services provided to each junket participant.
(13) Patron's outstanding markers.
(14) Table game percentage rate
				  paid.
(15) Slot machine percentage
				  rate paid.
(16) Commission accrued
				  per patron.
(17) Commission paid
				  per patron.
(18) Total amount of
				  commission paid to each gaming junket enterprise or representative.
(19) Other information as requested by Board
				  staff.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart B - Licensing, Permitting, Certification and Registration › Chapter 439a - JUNKET ENTERPRISES › Section 439a.11 - Purchase of patron lists

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each
				  slot machine licensee, gaming junket representative and gaming junket
				  enterprise shall prepare and maintain a report with respect to each list of
				  names of gaming junket patrons or potential gaming junket patrons purchased
				  from or for which compensation was provided to any source whatsoever.
(b) The report required under subsection (a)
				  must include:
(1) The name and address of the
				  person or enterprise selling the list.
(2) The purchase price paid for the list or
				  any other terms of compensation related to the transaction.
(3) The date of purchase of the
				  list.
(4) The zip codes of all
				  participants or potential participants.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart B - Licensing, Permitting, Certification and Registration › Chapter 439a - JUNKET ENTERPRISES › Section 439a.12 - Gaming junket enterprise and representative prohibitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Gaming junket representatives and
				  qualifiers of a gaming junket enterprise shall comply with the wagering
				  restrictions in §
										435a.1 (relating to general
				  provisions).
(b) A gaming junket
				  enterprise or gaming junket representative may not:
(1) Engage in efforts to collect on any check
				  provided by a gaming junket participant that has been returned by a financial
				  institution.
(2) Exercise approval
				  authority over the authorization or issuance of credit under section 13A27 of
				  the act (relating to other financial transactions).
(3) Receive or retain a fee from an
				  individual for the privilege of participating in a gaming junket.
(4) Pay for any service, including
				  transportation, or other thing of value provided to a participant participating
				  in a gaming junket except as authorized by this part.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart B - Licensing, Permitting, Certification and Registration › Chapter 440a - MANAGEMENT COMPANIES › Section 440a.1 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  management company shall obtain a management company license from the Board
				  prior to the commencement of gaming operations. If a slot machine licensee has
				  already started gaming operations, a management company may not provide
				  services to the slot machine licensee prior to obtaining a license from the
				  Board.
(b) An applicant for or
				  holder of a management company license or any of the applicant's or holder's
				  affiliates, intermediaries, subsidiaries or holding companies may not apply for
				  or hold a manufacturer or supplier license.
The provisions of this § 440a.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.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart B - Licensing, Permitting, Certification and Registration › Chapter 440a - MANAGEMENT COMPANIES › Section 440a.2 - Applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An applicant
				  for a management company license shall file:
(1) A completed application and disclosure
				  form.
(2) The nonrefundable
				  application fee posted on the Board's web site.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart B - Licensing, Permitting, Certification and Registration › Chapter 440a - MANAGEMENT COMPANIES › Section 440a.3 - Management company license term and renewal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A management company license or renewal
				  will be valid for 3 years from the date on which the initial license is issued
				  or the renewal is approved by the Board. The management company license will
				  not be issued or renewed until all fees and costs have been paid.
(b) A renewal application shall be submitted
				  to the Bureau of Licensing at least 60 days prior to the expiration of a
				  management company license.
(c) A
				  management company license for which a completed renewal application and fee
				  has been received by the Bureau of Licensing will continue in effect until the
				  Board sends written notification to the holder of the management company
				  license that the Board has approved or denied the management company
				  license.
(d) A management company
				  license issued by the Board is nontransferable.
The provisions of this § 440a.3 amended under
						4
						Pa.C.S. §§
													1103,
						1202(b)(9)-(23) and (30),
						1205, 1206(f) and (g), 1207(1) and (2), 1208(1)(iii), 1209(b), 1212, 1213,
						1317(c), 1317.1(c), 1317.2, 1326, 13A11, 13A12-13A14, 13A15 and 1802 and
						Chapter 13.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart B - Licensing, Permitting, Certification and Registration › Chapter 440a - MANAGEMENT COMPANIES › Section 440a.4 - Management company responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Notwithstanding any provision to the
				  contrary in a management contract, a management company will be deemed to be an
				  agent of the slot machine licensee for purposes of imposing liability for any
				  act or omission of the management company in violation of the act or this
				  part.
(b) Notwithstanding any
				  provision to the contrary in a management contract, a management company may be
				  jointly and severally liable for any act or omission by the slot machine
				  licensee in violation of the act or this part regardless of actual knowledge by
				  the management company of the act or omission.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart B - Licensing, Permitting, Certification and Registration › Chapter 440a - MANAGEMENT COMPANIES › Section 440a.5 - Management contracts

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  management contract between a slot machine applicant or licensee and management
				  company licensee will not become effective until the Board has approved the
				  management contract.
(b) A
				  management company licensee shall submit any amendment to a management contract
				  30 days prior to the effective date of the proposed amendment. The amendment
				  will not become effective until a petition is submitted and the Board has
				  approved the amendment.
(c) A
				  management contract or amendment will not be approved by the Board unless the
				  management company proves by clear and convincing evidence that the approval of
				  the contract would not create an undue concentration of economic opportunities
				  and control of licensed gaming facilities in this Commonwealth.
(d) A management company that requests Board
				  approval of a management contract shall disclose its financial interests in the
				  slot machine applicant or licensee and, if applicable, any exercisable option
				  that may constitute a change in ownership or control of a slot machine licensee
				  as described in §
										441a.17 (relating to change in
				  ownership or control of slot machine licensee and multiple slot machine license
				  prohibition).
(e) A management
				  contract, submitted to the Board for approval, must contain the following:
(1) A provision that provides the grounds and
				  mechanisms for modifying or terminating the contract.
(2) A provision that states that the contract
				  will not be effective unless it is approved by the Board.
(3) A provision that describes with
				  particularity the method of compensating and reimbursing the management
				  company.
(4) Provisions that
				  contain a mechanism to resolve patron disputes and disputes between the slot
				  machine licensee and the management company.
(5) A provision that indicates whether and to
				  what extent contract assignments and subcontracting are permissible.
(6) A provision that specifies the duration
				  of the management contract. A management contract may not contain a provision
				  that provides for the automatic renewal of the management contract.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart B - Licensing, Permitting, Certification and Registration › Chapter 440a - MANAGEMENT COMPANIES › Section 440a.6 - Change in ownership or control of a management company licensee

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A management
				  company licensee shall notify the Bureau and the Bureau of Licensing by filing
				  a Notification of Proposed Transfer of Interest Form prior to or immediately
				  upon becoming aware of a proposed or contemplated change in ownership or
				  control of the management company licensee by a person or group of persons
				  acting in concert which involves any of the following:
(1) More than 5% of a management company
				  licensee's securities or other ownership interests.
(2) More than 5% of the securities or other
				  ownership interests of a corporation or other form of business entity that
				  owns, directly or indirectly, at least 20% of the voting or other securities or
				  other ownership interest of the management company licensee.
(3) Any other interest in a management
				  company licensee which allows the acquirer to control the management company
				  license.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart C - Slot Machine Licensing › Chapter 441a - SLOT MACHINE LICENSES › Section 441a.2 - Slot machine application deadlines

Current through Register Vol. 54, No. 28, July 13, 2024
The Board will initiate the formal procedure for the
					 acceptance, consideration and final resolution of applications for slot machine
					 licenses by setting a filing period for filing of Category 1, 2 or 3 slot
					 machine license applications. The filing period set by the Board will be posted
					 on the Board's web site.
The provisions of this § 441a.2 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.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart C - Slot Machine Licensing › Chapter 441a - SLOT MACHINE LICENSES › Section 441a.3 - Slot machine license application

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  An applicant for a slot machine license shall submit an application which
				  includes the following:
(1) An original and
				  one copy of the Category 1, Category 2, or Category 3 Application and
				  Disclosure Information Form.
(2)
				  The nonrefundable application fee posted on the Board's web site.
(3) An application for each principal under
				  Chapter 433a (relating to principal licenses).
(4) Fingerprints for each
				  principal.
(5) A diversity plan as
				  set forth in section 1325(b) of the act (relating to license or permit
				  issuance) and Chapter 481a (relating to diversity), which shall be signed by
				  the chief executive officer of the applicant or authorized designee.
(6) If a temporary land-based facility is to
				  be licensed, a plan for how the licensee will transition to a permanent
				  facility, including a date for completion of the permanent facility. A
				  permanent facility shall be the facility proposed by the applicant, which is
				  designated, identified and made part of the evidentiary record by the applicant
				  at the applicant's licensing hearing. Modifications to the approved permanent
				  facility following the applicant's licensing hearing require approval of the
				  Board in accordance with §
											441a.20a (relating to changes to a
				  slot machine licensee's initial or modified plan of development).
(7) A sworn or affirmed statement that the
				  applicant has developed and implemented internal safeguards and policies to
				  prevent a violation of section 1513 of the act (relating to political
				  influence).
(8) A statement
				  demonstrating compliance with the geographical requirements of section 1302,
				  1304 or 1305 of the act (relating to Category 1 slot machine license; Category
				  2 slot machine license; and Category 3 slot machine license).
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart C - Slot Machine Licensing › Chapter 441a - SLOT MACHINE LICENSES › Section 441a.4 - Alternative Category 1 licensing standards

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If an applicant for a Category 1 license,
				  or its affiliate, intermediary, subsidiary or holding company holds a similar
				  license in another jurisdiction in the United States or Canada, the applicant
				  may submit a written request with its application required under §
										441a.3 (relating to slot machine
				  license application) for the Board to adopt an abbreviated licensing process
				  under section 1314(b) of the act (relating to alternative Category 1 licensing
				  standards).
(b) The Board may use
				  the abbreviated process if:
(1) The Board
				  determines, after investigation, that the licensing standards in the other
				  jurisdiction in which the applicant or its affiliate, intermediary, subsidiary
				  or holding company is licensed is similarly comprehensive and thorough and
				  provides safeguards that are equal to or greater than those provided in the act
				  and granting the request would be in the public interest.
(2) A completed application for a Category 1
				  license has been filed with the Bureau of Licensing which includes the name and
				  address of the regulatory agency in the other jurisdiction.
(3) The Bureau of Licensing has received a
				  copy of the completed application, renewal applications and accompanying
				  documents filed in the other jurisdiction.
(4) The applicant has provided current,
				  updated information to the Bureau of Licensing and the Bureau regarding the
				  license in the other jurisdiction and information relating to its financial
				  viability and suitability and good character.
(5) The applicant has no administrative or
				  enforcement actions pending in other jurisdictions that could render the
				  applicant ineligible or unsuitable for licensure or the applicant has disclosed
				  and explained these actions to the satisfaction of the Board.
(6) There are no pending or ongoing
				  investigations of possible violations by the applicant in other jurisdictions
				  that could render the applicant ineligible or unsuitable for licensure or the
				  applicant has disclosed and explained these investigations to the satisfaction
				  of the Board.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart C - Slot Machine Licensing › Chapter 441a - SLOT MACHINE LICENSES › Section 441a.5 - License fee payment bond or letter of credit requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An application for a slot machine license
				  shall at all times throughout the period in which the application is on file
				  with the Board include original payment bonds or original irrevocable letters
				  of credit, or some combination thereof, that include draw instructions
				  guaranteeing the applicant's payment of the slot machine license fee required
				  by sections 1209(a) and 1305(d) of the act (relating to slot machine license
				  fee; and Category 3 slot machine license) if the license is approved and
				  issued.
(1) Payment bonds or irrevocable
				  letters of credit shall be submitted to the Bureau of Licensing for review
				  before an application may be accepted for filing. The review of the payment
				  bond or irrevocable letter of credit will include an assessment of both the
				  proposed terms and the surety or financial institution that will issue the
				  payment bond or irrevocable letter of credit. An application will be deemed
				  incomplete if at any time during the period the application is on file with the
				  Board payment bonds or letters of credit in the amounts required in paragraph
				  (2) are not in full force and effect.
(2) Payment bonds or irrevocable letters of
				  credit must aggregate to the following amounts:
(i) $50,000,000 for each application for a
				  Category 1 or Category 2 license.
(ii) $5,000,000 for each application for a
				  Category 3 license.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart C - Slot Machine Licensing › Chapter 441a - SLOT MACHINE LICENSES › Section 441a.6 - Public input

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Prior to
				  granting a slot machine license, the Board will conduct at least one public
				  input hearing.
(b) Public input
				  hearings relating to an application for a slot machine license shall be held in
				  the municipality where the licensed facility will be located. The public input
				  hearings will be organized in cooperation with the municipality.
(c) The Board will develop and post the
				  procedures that will be used to conduct public input hearings on the Board's
				  web site.
(d) The Board will make
				  public a list of all witnesses scheduled to testify at a public input hearing
				  at least 7 days prior to the hearing. The list of witnesses will be updated at
				  least 3 days prior to the hearing. Additional witnesses will be posted on the
				  Board's web site as they are added to the witness list.
The provisions of this § 441a.6 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.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart C - Slot Machine Licensing › Chapter 441a - SLOT MACHINE LICENSES › Section 441a.7 - Licensing hearings for slot machine licenses

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A schedule of licensing hearings for all
				  slot machine license applicants will be posted on the Board's web
				  site.
(b) The Board may schedule
				  prehearing conferences under §
										491a.9 (relating to prehearing and
				  other conferences) to address issues related to licensing hearings.
(c) The Board will allot each applicant a
				  specified time for its presentation. The length of the presentations, which
				  shall be the same for each applicant within each category, will be established
				  by the Board.
(d) At a licensing
				  hearing, an applicant shall appear before the Board and at all times have the
				  burden to establish and demonstrate, by clear and convincing evidence, its
				  eligibility and suitability for licensure and to address the criteria
				  identified in section 1325(c) of the act (relating to license or permit
				  issuance).
(e) For the purposes of
				  this section, an applicant's demonstration of eligibility must include a
				  showing of compliance with:
(1) Section 1302,
				  1303, 1304 or 1305 of the act, as applicable.
(2) The application requirements in §
											441a.3 (relating to slot machine
				  license application).
(3) The
				  license fee payment bond or letter of credit requirements in §
											441a.5 (relating to license fee
				  payment bond or letter of credit requirements).
(4) The diversity requirements in Chapter
				  481a (relating to diversity) and section 1325(b) of the act.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart C - Slot Machine Licensing › Chapter 441a - SLOT MACHINE LICENSES › Section 441a.8 - Divestiture

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the Board
				  determines that a slot machine license application cannot be approved because
				  the applicant, its principal or other person who holds a direct or indirect
				  interest in the applicant or in an affiliate, intermediary, subsidiary or
				  holding company of the applicant, does not meet a character or other
				  eligibility criteria required under section 1310 of the act (relating to slot
				  machine license application character requirements), or has an ownership or
				  financial interest that is prohibited under by section 1330 of the act
				  (relating to multiple slot machine license prohibition), the Board may grant
				  the person up to 120 days following the determination to completely divest his
				  interest in the applicant or its affiliate, intermediary, subsidiary or holding
				  company.
(b) The person shall
				  notify the Board of his intention to divest within 30 days of notice from the
				  Board of the opportunity to divest. The Board may extend this time period at
				  its discretion.
(c) Failure to
				  divest within 120 days, or within the time period prescribed by the Board,
				  constitutes a per se disqualification of the applicant to receive a slot
				  machine license.
(d) The terms of
				  divestiture will be approved by the Board.
(e) The Board will not approve a divestiture
				  if the compensation received for the divested interest exceeds the value of the
				  interest.
(f) Following
				  divestiture, the Board will reconsider the applicant's suitability for
				  licensure in an expedited procedure.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart C - Slot Machine Licensing › Chapter 441a - SLOT MACHINE LICENSES › Section 441a.9 - Approval of a slot machine license

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  An applicant for a slot machine license shall prove by clear and convincing
				  evidence:
(1) The financial stability and
				  integrity of the applicant and its affiliates, intermediaries, subsidiaries and
				  holding companies in accordance with section 1313 of the act (relating to slot
				  machine license application financial fitness requirements).
(2) The good character, honesty and integrity
				  of the applicant and its affiliates, intermediaries, subsidiaries, holding
				  companies and principals in accordance with section 1310 of the act (relating
				  to slot machine license application character requirements).
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart C - Slot Machine Licensing › Chapter 441a - SLOT MACHINE LICENSES › Section 441a.10 - Notification of anticipated or actual changes in principals or key employees

Current through Register Vol. 54, No. 28, July 13, 2024
Each slot machine applicant or licensee shall notify the
					 Bureau of Licensing, in writing, as soon as it becomes aware, of the proposed
					 appointment, appointment, proposed nomination, nomination, election, hiring,
					 promotion, intended resignation, resignation, removal, firing, incapacitation
					 or death of any person required to be licensed as a principal or key employee
					 under Chapter 433a and §
										435a.2 (relating to principal
					 licenses; and key employee license). The notice must be addressed to the Bureau
					 of Licensing.
The provisions of this § 441a.10 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.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart C - Slot Machine Licensing › Chapter 441a - SLOT MACHINE LICENSES › Section 441a.11 - Notification of new financial sources

Current through Register Vol. 54, No. 28, July 13, 2024
Each slot machine applicant or licensee shall notify the
					 Board, in writing, as soon as it becomes aware that it intends to enter into a
					 transaction which may result in any new financial backers. The notice shall be
					 sent to the Bureau of Licensing and the Bureau of Corporate Compliance and
					 Internal Controls.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart C - Slot Machine Licensing › Chapter 441a - SLOT MACHINE LICENSES › Section 441a.11a - Duty to maintain financial suitability

Current through Register Vol. 54, No. 28, July 13, 2024
A slot machine licensee and its intermediaries,
					 subsidiaries and holding companies shall, at all times, remain financially
					 suitable. In determining whether a licensee is financially suitable, the Board
					 will consider the following factors:
(1) The ability to develop and maintain the
				  proposed or licensed project.
(2)
				  The ability to obtain financing and meet its financial obligations.
(3) The ability to maintain a steady level of
				  growth of revenue.
(4) The
				  historical financial suitability and financial wherewithal of the slot machine
				  licensee, its intermediaries, subsidiaries and holding companies.
The provisions of this § 441a.11a issued 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.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart C - Slot Machine Licensing › Chapter 441a - SLOT MACHINE LICENSES › Section 441a.12 - Maintaining agreements; filing of agreements

Current through Register Vol. 54, No. 28, July 13, 2024
(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).
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart C - Slot Machine Licensing › Chapter 441a - SLOT MACHINE LICENSES › Section 441a.13 - Board review of agreements and records of agreements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An approved slot machine licensee shall
				  receive Board approval prior to executing, relying upon or taking an action
				  under the following:
(1) 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.
(2) Agreements that provide for the
				  management of all or part of the gaming operations of a licensed
				  facility.
(3) 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.
(4)
				  Amendments to agreements described in paragraphs (1)-(3).
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart C - Slot Machine Licensing › Chapter 441a - SLOT MACHINE LICENSES › Section 441a.14 - Master purchasing and disbursement report

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each approved slot machine licensee shall
				  generate a monthly Master Purchasing and Disbursement Report for expenditures.
				  The report shall be submitted to the Bureau of Licensing no later than the 22nd
				  calendar day of the following month and include the following information:
(1) A register listing alphabetically by
				  payee expenditures paid by the approved slot machine licensee, including
				  transfers of funds or credits to payees, and the following information next to
				  the name of each payee:
(i) The description
				  code as set forth by the Bureau of Licensing.
(ii) The amount of the individual
				  disbursement or credit.
(iii) The
				  date of the individual disbursement or credit.
(iv) The subtotal of disbursements or credits
				  by payee.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart C - Slot Machine Licensing › Chapter 441a - SLOT MACHINE LICENSES › Section 441a.15 - Slot machine license issuance bond requirement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon the issuance of a slot machine
				  license, a slot machine licensee shall post an original payment bond in the
				  amount of $1,000,000.
(b) Unless
				  otherwise required by the Board, the payment bond must comply with the
				  following:
(1) The payment bond must be
				  issued by a surety company that is both licensed by the Insurance Department
				  and assigned a credit rating within the three highest categories, without
				  regard to numerics or other modifiers, by Moody's or Standard & Poor's, or
				  upon the discontinuance of Moody's or Standard & Poor's, by another
				  Nationally recognized rating service. Proof that the surety is licensed by the
				  Insurance Department and has been assigned the required credit rating must
				  accompany any payment bond submitted under this section.
(2) A slot machine licensee shall submit its
				  proposed payment bond to the Board prior to the issuance of a slot machine
				  license.
(3) The payment bond must
				  state that it is payable to the "Commonwealth of Pennsylvania" as the obligee
				  for immediate payment of the slot machine licensee's financial obligations to
				  the Commonwealth under the act and as security to guarantee that the slot
				  machine licensee faithfully makes the payments, keeps its books and records,
				  makes reports and conducts its operations in conformity with the act, this part
				  and the rules and orders promulgated by the Board.
(4) A payment bond issued in accordance with
				  this section will remain in full force and effect throughout the period of time
				  that the slot machine license is in effect. If a bond is canceled and the slot
				  machine licensee fails to file a new bond with the Bureau of Licensing in the
				  required amount on or before the effective date of the cancellation, the slot
				  machine licensee's license will be revoked or suspended.
(5) Any notice provision in a payment bond
				  applicable to an election by a surety to cancel a then current payment bond
				  must provide that the Board will receive at least 30 days written notice, by
				  registered mail or overnight courier service, of the surety's election to
				  cancel.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart C - Slot Machine Licensing › Chapter 441a - SLOT MACHINE LICENSES › Section 441a.16 - Slot machine license term and renewal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The slot machine license will be valid
				  for 3 years from the date on which the initial license is issued or the renewal
				  is approved by the Board.
(b) A
				  Category 1, Category 2 or Category 3 Slot Machine Renewal Application Form
				  shall be submitted to the Board at least 60 days prior to the expiration of a
				  slot machine license.
(c) A slot
				  machine license for which a completed renewal application has been received by
				  the Board will continue in effect until the Board sends written notification to
				  the holder of the slot machine license that the Board has approved or denied
				  the slot machine license renewal application.
The provisions of this § 441a.16 amended under
						4
						Pa.C.S. §§
													1103,
						1202(b)(30), 1209(b),
						1317(c), 1317.1(c), 1317.2, 1321 and
						1326.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart C - Slot Machine Licensing › Chapter 441a - SLOT MACHINE LICENSES › Section 441a.17 - Change in ownership or control of slot machine licensee and multiple slot machine license prohibition

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A slot
				  machine licensee shall notify the Bureau and the Bureau of Licensing by filing
				  a Slot Machine Licensee's Notification of Proposed Transfer of Interest Form
				  prior to or immediately upon becoming aware of any proposed or contemplated
				  change in ownership of the slot machine licensee by a person or group of
				  persons acting in concert which involves any of the following:
(1) More than 5% of a slot machine licensee's
				  securities or other ownership interests.
(2) More than 5% of the securities or other
				  ownership interests of a corporation or other form of business entity that
				  owns, directly or indirectly, at least 20% of the voting or other securities or
				  other ownership interest of the slot machine licensee.
(3) The sale of a slot machine licensee's
				  assets, other than in the ordinary course of business.
(4) Other transactions or occurrences deemed
				  by the Board to be relevant to license qualification.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart C - Slot Machine Licensing › Chapter 441a - SLOT MACHINE LICENSES › Section 441a.18 - Employee status report

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  slot machine licensee shall maintain a complete, accurate and current record of
				  each employee that includes the information in subsection (b)(1).
(b) Each month each slot machine licensee
				  shall generate a monthly employee status report of the slot machine licensee's
				  and management company's employees. The report shall be submitted to the Bureau
				  of Licensing no later than the 15th calendar day of the following month. The
				  report must include the following information:
(1) An alphabetical listing of the
				  individuals currently employed by the slot machine licensee and the management
				  company and the following information with respect to each employee listed:
(i) The name of the employee.
(ii) The address of record of the employee on
				  file with the slot machine licensee.
(iii) The employee's license, permit or
				  registration number and expiration date, if applicable.
(iv) The employee's title or
				  position.
(v) Whether the employee
				  is full-time or part-time.
(vi) The
				  date of hire of the employee.
(vii)
				  The access code, if any, assigned to the employee which designates the
				  restricted areas that the employee is permitted to enter and remain in for the
				  purposes of performing his normal duties.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart C - Slot Machine Licensing › Chapter 441a - SLOT MACHINE LICENSES › Section 441a.19 - Notice of employee misconduct and offenses and employee resignations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A slot machine
				  licensee or management company shall submit a weekly report to the Bureau of
				  Licensing of the terminations of any employees.
(b) The weekly report must include the
				  following information:
(1) The employee's
				  name.
(2) The address of record of
				  the employee on file with the slot machine licensee.
(3) The employee's license, permit or
				  registration number.
(4) The
				  employee's title or position.
(5) A
				  summary of the incident or misconduct by the employee, including violations of
				  this part or the act.
(6) The date
				  of termination of the employee.
(7)
				  The access code, if any, assigned to the employee, which designates the
				  restricted areas that the employee was permitted to enter and remain in for the
				  purposes of performing his normal duties.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart C - Slot Machine Licensing › Chapter 441a - SLOT MACHINE LICENSES › Section 441a.20 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
												441a.20 amended under 4 Pa.C.S.
						Chapter 16; reserved under
						4
						Pa.C.S. §§
													1202(b)(30),
						1317.2 and
						1321.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart C - Slot Machine Licensing › Chapter 441a - SLOT MACHINE LICENSES › Section 441a.20a - Changes to a slot machine licensee's initial or modified plan of development

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A slot machine
				  licensee shall obtain Board approval prior to implementing any change to the
				  slot machine licensee's approved initial or modified plan of development as
				  defined in §
										441a.1 (relating to
				  definitions).
(b) A request for
				  approval of a change to a slot machine licensee's initial or modified plan of
				  development shall be made by filing a petition with the Board in accordance
				  with §
										493a.4 (relating to petitions
				  generally).
(c) The licensee shall
				  demonstrate that the contemplated change in the development plan is
				  substantially similar to the currently approved plan of development or show
				  good cause as to why a contemplated plan of development that is different from
				  the licensee's currently approved plan should be approved.
The provisions of this § 441a.20a issued 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.
This section cited in 58 Pa. Code §
												441a.3 (relating to slot machine
						license application).
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart C - Slot Machine Licensing › Chapter 441a - SLOT MACHINE LICENSES › Section 441a.21 - Liability for management companies

Current through Register Vol. 54, No. 28, July 13, 2024
Notwithstanding any provision to the contrary in the
					 management contract, each slot machine licensee may be jointly and severally
					 liable for any act or omission by its management company in violation of the
					 act or this part, regardless of actual knowledge by the slot machine licensee
					 of the act or omission.
The provisions of this § 441a.21 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.