reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart N - Video Gaming › Chapter 1114a - ACCOUNTING AND INTERNAL CONTROLS › Section 1114a.1 - Video gaming accounting and internal controls

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At least 90 days before the commencement
				  of video gaming, a terminal operator licensee or an applicant for a terminal
				  operator license shall submit to the Board for approval all internal control
				  systems and audit protocols for the video gaming operations.
(b) A terminal operator licensee's internal
				  controls and audit protocols must include all of the following:
(1) Provide for reliable records, accounts
				  and reports of any financial event that occurs in the conduct of video gaming,
				  including reports to the Board related to video gaming.
(2) Provide for accurate and reliable
				  financial records related to the conduct of video gaming.
(3) Establish procedures and security for the
				  recordation of wagering, winnings, gross terminal revenue and
				  taxation.
(4) Establish procedures
				  and security standards for the maintenance of video gaming terminals and
				  associated equipment used in connection with the conduct of video
				  gaming.
(5) Establish procedures
				  and rules to govern the conduct of video gaming and the responsibility of
				  employees related to video gaming.
(6) Establish procedures for the collection,
				  recording and deposit of revenue from the conduct of video gaming.
(7) Establish reporting procedures and
				  records required to ensure that all money generated from video gaming is
				  accounted for.
(8) Ensure that all
				  functions, duties and responsibilities related to video gaming are
				  appropriately segregated and performed in accordance with sound financial
				  practices by qualified employees.
(9) Permit access to the establishment
				  licensee premises and terminal operator premises used in connection with video
				  gaming for the Board, the Bureau, the Department and the Pennsylvania State
				  Police to facilitate the ability to perform regulatory oversight and law
				  enforcement functions, respectively.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart N - Video Gaming › Chapter 1115a - RECORD RETENTION › Section 1115a.1 - Video gaming record retention

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For
				  the purposes of this section, "books, records and documents" means any book,
				  record or document pertaining to, prepared in or generated by the operation of
				  video gaming by a terminal operator licensee or an establishment licensee
				  including all forms, reports, accounting records, ledgers, subsidiary records,
				  computer generated data, internal audit records, correspondence and personnel
				  records.
(b) As a condition of
				  continued operation, a terminal operator licensee or an establishment licensee
				  shall agree to maintain all books, records and documents pertaining to the
				  conduct of video gaming in a manner and location in this Commonwealth as
				  approved by the Board. All books, records and documents must meet all of the
				  following:
(1) Be organized in a manner to
				  clearly depict by separate records the total amount of money wagered and paid
				  as winnings in all video gaming activity.
(2) Be segregated by separate accounts within
				  the terminal operator licensee or establishment licensee's books, records and
				  documents.
(3) Be immediately
				  available for inspection upon request of the Board, the Bureau, the Department,
				  the Pennsylvania State Police or the Attorney General, or agents thereof,
				  during all hours of operation of video gaming by a terminal operator licensee
				  or establishment licensee.
(4) Be
				  prepared and maintained in a complete, accurate and legible form. Electronic
				  data must be stored in a format that ensures readability, regardless of whether
				  the technology or software that created or maintained it has become
				  obsolete.
(5) Be retained in a
				  secure location by a terminal operator licensee or establishment licensee that
				  is equipped with a fire suppression system or in a fire proof location on the
				  premises.
(6) Be organized and
				  indexed in a manner to provide immediate accessibility to the Board, the
				  Bureau, the Department, the Pennsylvania State Police or the Attorney General,
				  or agents thereof.
(7) Be destroyed
				  only after expiration of the minimum retention period of 5 years, unless the
				  Board, upon the written request of a terminal operator licensee or an
				  establishment licensee and for good cause shown, permits the destruction at an
				  earlier date.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart N - Video Gaming › Chapter 1116a - CONDUCT OF VIDEO GAMING › Section 1116a.1 - Video gaming area

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A video gaming
				  area must be within an establishment licensee's premises and it must be
				  separate and distinct through the installation of a physical barrier from a
				  convenience store or other amenity available to patrons under 21 years of
				  age.
(b) An establishment licensee
				  shall notify and receive approval of the Board, the Bureau or designated staff
				  of the Board prior to making any modification to the video gaming
				  area.
(c) An establishment licensee
				  shall provide all of the following:
(1) The
				  entrance to the video gaming area and the conduct of video gaming are visible
				  to at least one employee of the establishment licensee who holds an occupation
				  permit.
(2) The video gaming area
				  must have one entrance point which serves as the exit point.
(3) The video gaming area must be separated
				  from the remaining establishment premises by a physical barrier which may
				  consist of a wall, partition, gate or other barrier which may not obstruct the
				  view of the conduct of video gaming by an employee who holds an occupation
				  permit.
(4) The video gaming area
				  shall, at all times, be monitored, either directly or through live monitoring
				  of video surveillance, by an employee of the establishment licensee who is at
				  least 18 years of age, holds an occupation permit and has completed mandatory
				  training relating to compulsive and problem gambling.
(5) Every employee of the establishment
				  licensee who has a valid occupation permit issued by the Board and who has
				  duties which include monitoring the video gaming area of an establishment
				  licensee shall display the Board-issued occupation permit credential on the
				  outer clothing in a manner clearly visible to patrons and security and
				  surveillance cameras.
(6) Every
				  employee of a terminal operator who has a valid occupation permit issued by the
				  Board and who has duties which require him to enter a video gaming area of an
				  establishment licensee shall, while on the premises of an establishment
				  licensee, display the Board-issued occupation permit credential on the outer
				  clothing in a manner clearly visible to patrons and security and surveillance
				  cameras.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart N - Video Gaming › Chapter 1116a - CONDUCT OF VIDEO GAMING › Section 1116a.2 - Video gaming terminals

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  terminal operator licensee may place up to five video gaming terminals in the
				  video gaming area of an establishment licensee.
(b) A video gaming terminal may not be made
				  available for use prior to being tested and certified by the Board as meeting
				  the requirements in
				  4
				  Pa.C.S. §
											3701 (relating to testing and
				  certification of terminals).
(c)
				  Video gaming terminals may not have the ability to dispense cash, tokens or
				  anything of value, except redemption tickets which shall only be exchangeable
				  at a redemption terminal or reinserted into another video gaming terminal in
				  the same video gaming area.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart N - Video Gaming › Chapter 1116a - CONDUCT OF VIDEO GAMING › Section 1116a.3 - Redemption terminals

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  terminal operator licensee shall place at least one redemption terminal in the
				  video gaming area of an establishment licensee.
(b) A redemption terminal in a video gaming
				  area must be equipped with an integrated camera which must record the image of
				  all persons using the redemption terminal and maintain those images for a
				  minimum period of 30 days, or the surveillance system utilized in the video
				  gaming area must have camera coverage of the redemption terminal that makes it
				  possible to identify the individual using the redemption terminal.
(c) A redemption terminal may not be made
				  available for use prior to being tested and certified by the Board as meeting
				  the requirements in
				  4
				  Pa.C.S. §
											3701 (relating to testing and
				  certification of terminals).
(d)
				  The redemption terminal must only accept redemption tickets from video gaming
				  terminals in the same video gaming area.
(e) Redemption tickets shall only be
				  exchanged for cash through a redemption terminal located within the same video
				  gaming area.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart N - Video Gaming › Chapter 1116a - CONDUCT OF VIDEO GAMING › Section 1116a.4 - Automated teller machines

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Automated teller machines may be placed at any location within an establishment
				  licensee's facility. Automated teller machines that offer credit card advances
				  may not be placed in the video gaming area.
(b) An automated teller machine in a video
				  gaming area must be equipped with an integrated camera which must record the
				  image of all persons using the automated teller machine and maintain those
				  images for a minimum period of 30 days, or the surveillance system utilized in
				  the video gaming area must have camera coverage of the automated teller machine
				  that makes it possible to identify the individual using the automated teller
				  machine.
(c) An automated teller
				  machine located in the video gaming area must have a label on the top and front
				  of the automated teller machine that displays a unique identification number of
				  the automated teller machine. The labels must have white lettering on a
				  dark-colored background, may not be easily removed and must be easily visible
				  by surveillance equipment. The label on the top of the automated teller machine
				  must be at least 1.5 inches by 5.5 inches and the label on the front of the
				  automated teller machine must be at least 1 inch by 2.5 inches.
(d) Automated teller machines located within
				  a video gaming area may not accept ACCESS/Electronic Benefits Transfer
				  Cards.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart N - Video Gaming › Chapter 1116a - CONDUCT OF VIDEO GAMING › Section 1116a.5 - Commencement of video gaming generally

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Prior to offering video gaming terminals,
				  a terminal operator shall demonstrate all of the following:
(1) The video gaming area complies in all
				  respects with 4 Pa.C.S. Part III (relating to video gaming), this subpart and
				  any technical standards adopted by the Board and published in the
Pennsylvania Bulletin
and posted on the Board's web
				  site.
(2) Video gaming terminals
				  utilized in the conduct of video gaming have been tested and approved by the
				  Board in compliance with 4 Pa.C.S. Part III, this subpart and technical
				  standards adopted by the Board and published in the
Pennsylvania
				  Bulletin
and posted on the Board's web site.
(3) The video gaming area has been approved
				  by the Board in compliance with 4 Pa.C.S. Part III, this subpart and technical
				  standards adopted by the Board and published in the
Pennsylvania
				  Bulletin
and posted on the Board's web site.
(4) The terminal operator licensee's internal
				  control systems and audit protocols have been approved by the Board in
				  compliance with 4 Pa.C.S. Part III, this subpart and technical standards
				  adopted by the Board and published in the
Pennsylvania
				  Bulletin
and posted on the Board's web site.
(5) The terminal operator licensee is
				  prepared to implement necessary management controls, surveillance and security
				  precautions to insure the efficient conduct of video gaming.
(6) The terminal operator licensee and
				  establishment licensee's employees are licensed or permitted by the Board and
				  trained in the performance of their responsibilities.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart N - Video Gaming › Chapter 1116a - CONDUCT OF VIDEO GAMING › Section 1116a.6 - Establishment licensee restrictions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An establishment licensee may not permit
				  a person under 21 years of age to play a video gaming terminal or enter the
				  video gaming area.
(b) An
				  establishment licensee may not offer or provide an incentive to a person to
				  engage in video gaming activity.
(c) An establishment licensee may not permit
				  a visibly intoxicated person to play a video gaming terminal.
(d) An establishment licensee may not extend
				  credit or accept a credit card or debit card for play of a video gaming
				  terminal.
(e) An establishment
				  licensee may not make structural alterations or significant renovations to a
				  video gaming area unless the establishment licensee has notified the terminal
				  operator licensee and obtained prior approval from the Board.
(f) An establishment licensee may not move a
				  video gaming terminal or redemption unit after installation by a terminal
				  operator licensee.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart N - Video Gaming › Chapter 1116a - CONDUCT OF VIDEO GAMING › Section 1116a.7 - Terminal operator licensee restrictions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No more than five video gaming terminals
				  may be placed on the premises of an establishment licensee.
(b) Redemption tickets may only be redeemed
				  for cash through a ticket redemption terminal located in the same video gaming
				  area or reinserted into another video gaming terminal in the same video gaming
				  area for continued play.
(c) Video
				  gaming terminals located in the video gaming area of an establishment licensee
				  must be placed and operated under a terminal placement agreement approved by
				  the Board.
(d) A terminal operator
				  licensee may not offer or provide an incentive to a person to engage in video
				  gaming activity.
(e) A terminal
				  operator licensee may not extend credit or accept a credit card or debit card
				  for play of a video gaming terminal.
(f) A terminal operator licensee may not give
				  or offer to give, directly or indirectly, any type of inducement to a truck
				  stop establishment to secure or maintain a terminal operator placement
				  agreement. For purposes of this subsection, an "inducement" may not include
				  payment by a terminal operator licensee for the actual costs of renovating an
				  existing area of the footprint of the truck stop establishment for the purpose
				  of making the video gaming area and associated areas available for the conduct
				  of video gaming. The term, as used in this subsection, does not include making
				  the area operate at the premises including wiring, rewiring, software updates,
				  ongoing video gaming terminal maintenance, redemption terminals, network
				  connections, site controllers and costs associated with communicating with the
				  central control computer system, as well as renovations to include flooring,
				  lighting and barriers. Nothing in this section shall preclude a truck stop
				  establishment from making further modifications to its facility to accommodate
				  video gaming terminal.
(g) A
				  terminal operator licensee may not give an establishment licensee a percentage
				  of gross terminal revenue other than 15% of the gross terminal revenue of the
				  video gaming terminals operating in the establishment licensee's
				  premises.
(h) A terminal operator
				  licensee may not operate, install or otherwise make available for public use a
				  video gaming terminal or redemption terminal that has not been obtained from a
				  manufacturer licensee or supplier licensee.
(i) A terminal operator licensee may not make
				  structural alterations or significant renovations to a video gaming area unless
				  the terminal operator licensee has notified the establishment licensee and
				  obtained prior approval from the Board.
(j) A terminal operator licensee may not move
				  a video gaming terminal or redemption unit after installation unless prior
				  approval of the Board is obtained.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart N - Video Gaming › Chapter 1116a - CONDUCT OF VIDEO GAMING › Section 1116a.8 - Restriction on wagering

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
				  individual who holds a license, occupation permit or registration and is
				  currently employed by or is a principal associated with an establishment
				  licensee may not wager at a video gaming terminal in the establishment where
				  the individual is employed or associated.
(b) An individual who holds a license,
				  occupation permit or registration and is currently employed by or is a
				  principal associated with a terminal operator licensee, manufacturer licensee
				  or supplier licensee may not wager at any video gaming terminal in a truck stop
				  establishment at which the individual operates, services, or installs video
				  gaming terminals or associated equipment.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart N - Video Gaming › Chapter 1116a - CONDUCT OF VIDEO GAMING › Section 1116a.9 - Surveillance system standards

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
				  accordance with §
										1116.5(a)(5)
				  (relating to commencement of video gaming generally), the terminal operator
				  licensee or establishment licensee shall implement all necessary surveillance
				  systems in each establishment in which video gaming is offered prior to the
				  commencement of video gaming.
(b)
				  The surveillance systems implemented in each establishment shall, at a minimum,
				  provide for all of the following:
(1) Must
				  operate on a 24-hours per day, 7-days per week basis.
(2) Must be capable of recording all activity
				  in images clearly displaying facial detail of players, as well as details of
				  the video gaming terminals, redemption terminals, automated teller machines and
				  all other areas as require by Board regulation.
(3) Must be capable of recording and storing
				  all images by each surveillance camera for a minimum of 30 days in a format
				  that may be easily accessed for investigative purposes. If a proprietary video
				  player for the recording and playback of surveillance footage is used, a
				  terminal operator shall provide the necessary program files to the Board or
				  Bureau upon request of surveillance footage for investigative
				  purposes.
(4) Must provide the
				  Board and the Bureau with remote access to the surveillance system to view
				  surveillance footage in real-time.
(5) Must be capable of clearly and accurately
				  displaying the time and date, synchronized and set correctly, which shall not
				  significantly obscure the surveillance footage.
(6) Must be capable of operating under normal
				  lighting conditions, with the entire area covered by the surveillance system
				  having lights on 24-hours per day, 7-days per week.
(7) Must be capable of producing a clear,
				  still photograph or video in digital format that can be provided in unaltered
				  form within 2 business days following a request by the Board or the
				  Bureau.
(8) Must undergo quarterly
				  maintenance inspections to ensure that any repairs, alterations or upgrades to
				  the surveillance system are made for the proper operation of the
				  system.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart N - Video Gaming › Chapter 1117a - VIDEO TERMINAL PLACEMENT AGREEMENTS › Section 1117a.1 - Board approval of video terminal placement agreements

Current through Register Vol. 54, No. 28, July 13, 2024
A terminal operator licensee may not place and operate
					 video gaming terminals on the premises of an establishment licensee unless
					 under a terminal placement agreement approved by the Board.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart N - Video Gaming › Chapter 1117a - VIDEO TERMINAL PLACEMENT AGREEMENTS › Section 1117a.2 - Minimum standards for terminal placement agreements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A terminal placement agreement submitted
				  to the Board for approval must include all of the following:
(1) A provision that the term of the terminal
				  placement agreement shall be valid for a minimum of 60 months and may not
				  exceed 120 months.
(2) A provision
				  that renders the terminal placement agreement invalid if either the terminal
				  operator license or terminal operator application or the establishment license
				  or the establishment license application is denied, revoked, not renewed,
				  withdrawn or surrendered.
(3) A
				  provision that provides the establishment licensee shall receive 15% of gross
				  terminal revenue from each video gaming terminal located on the premises of the
				  establishment licensee.
(4) The
				  identity of the person who solicited the terminal placement agreement on behalf
				  of a terminal operator licensee or applicant.
(5) Signatures of a representative authorized
				  to bind an applicant for an establishment license or an establishment licensee
				  and a representative authorized to bind an applicant for a terminal operator
				  license or a terminal operator licensee.
(6) A provision acknowledging that a terminal
				  placement agreement may not be transferred or assigned without prior notice to
				  the Board and verification that the individual or entity making the assignment
				  is either a terminal operator applicant or terminal operator licensee and the
				  individual or entity receiving the assignment of the terminal placement
				  agreement is either a terminal operator applicant or terminal operator
				  licensee.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart N - Video Gaming › Chapter 1118a - COMPULSIVE AND PROBLEM GAMING › Section 1118a.1 - Signage requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
				  establishment licensee shall conspicuously post signs that include a statement
				  providing all of the following:
(1) "If you or
				  someone you know has a gambling problem, help is available. Call
				  (1-800-GAMBLER)."
(2) At least one
				  sign as provided in paragraph (1) shall be posted within the video gaming area
				  and at least one sign shall be posted above or below the cash dispensing
				  opening on each automated teller machine within the establishment licensee's
				  premises.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart N - Video Gaming › Chapter 1118a - COMPULSIVE AND PROBLEM GAMING › Section 1118a.2 - Problem gambling information

Current through Register Vol. 54, No. 28, July 13, 2024
An establishment licensee shall make available materials
					 provided by the Board regarding compulsive and problem gaming as approved by
					 the Board. The material shall be displayed conspicuously within the video
					 gaming area of each establishment licensee.
This section cited in 58 Pa. Code §
												1116a.1 (relating to video gaming
						area).
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart N - Video Gaming › Chapter 1118a - COMPULSIVE AND PROBLEM GAMING › Section 1118a.3 - Problem gambling training

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  The Board will provide a mandatory training program addressing responsible
				  gaming and compulsive and problem gambling issues for employees and management
				  of an establishment licensee who oversee the establishment licensee's video
				  gaming area.
(b) Establishment
				  licensees shall pay a fee assessed by the Board to reimburse the Board for the
				  cost of annual training to establishment licensee's employees and management
				  subject to the training.
(c) At
				  least one employee of the establishment licensee who holds a valid occupation
				  permit and has successfully completed the training program shall be located on
				  the premises and supervising the video gaming area during all times the video
				  gaming terminals are available for play.
(d) Employees are required to receive the
				  training at least once every calendar year.
(e) Employee training verification shall
				  comply with the following provisions:
(1) The
				  Office of Compulsive and Problem Gambling will provide a verification form
				  template to each terminal operator licensee or may allow for another approved
				  method of verification.
(2)
				  Verifications will be maintained by the establishment licensee or the terminal
				  operator licensee. The training verification must be completed by employee who
				  receives the training.
(3) Each
				  employee must provide the date of training completion, the employee's name and
				  signature verifying the employee received the training.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart N - Video Gaming › Chapter 1118a - COMPULSIVE AND PROBLEM GAMING › Section 1118a.4 - Advertising

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Advertisements
				  related to video gaming used by a terminal operator or establishment licensee
				  or its agent may not:
(1) Contain false or
				  misleading information.
(2) Fail to
				  disclose conditions or limiting factors associated with the
				  advertisement.
(3) Use a font, type
				  size, location, lighting, illustration, graphic depiction or color obscuring
				  conditions or limiting factors associated with the advertisement or the
				  statement required under subsection (b).
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart N - Video Gaming › Chapter 1118a - COMPULSIVE AND PROBLEM GAMING › Section 1118a.5 - Penalties

Current through Register Vol. 54, No. 28, July 13, 2024
An establishment licensee that fails to fulfill any of the
					 requirements in this chapter shall be assessed an administrative penalty and
					 may have its establishment license suspended or revoked by the Board, or may
					 have a renewal of its licensed denied.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart N - Video Gaming › Chapter 1119a - SELF-EXCLUSION › Section 1119a.1 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of this chapter is to provide players with a
					 process to self-exclude from video gaming activities in this Commonwealth and
					 detail the process by which individuals may self-exclude themselves from video
					 gaming activity and restore their ability to participate in video gaming
					 activity in this Commonwealth.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart N - Video Gaming › Chapter 1119a - SELF-EXCLUSION › Section 1119a.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates otherwise:
OCPG
-The Office of Compulsive and Program
					 Gambling of the Board.
Video gaming activity
-The play of video
					 gaming terminals at the premises of an establishment licensee.
Video gaming related activity
-An activity
					 related to the play of video gaming terminals including applying for player
					 club memberships or credit, cashing checks, or accepting a complimentary gift,
					 service, promotional item or other thing of value at an establishment
					 licensee's premises.
Video gaming self-excluded person
-A person
					 whose name and identifying information is included, at the person's own
					 request, on the video gaming self-exclusion list maintained by the
					 Board.
Video gaming self-exclusion list
-A list
					 of names and identifying information of persons who, under this chapter, have
					 voluntarily agreed to all of the following:
(i) Excluded from the video gaming area where
				  video gaming activity is conducted.
(ii) Excluded from engaging in all video
				  gaming related activities at an establishment licensee's facility.
(iii) Prohibited from collecting any winnings
				  or recovering any losses resulting from video gaming activity.
Winnings
-Any money or thing of value
					 received from, or owed by, an establishment licensee or terminal operator
					 licensee as a result of a fully executed video gaming
					 transaction.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart N - Video Gaming › Chapter 1119a - SELF-EXCLUSION › Section 1119a.3 - Requests for video gaming self-exclusion

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person requesting placement on the
				  video gaming self-exclusion list shall submit a completed Request for Voluntary
				  Self-Exclusion from Gaming Activities Form to the Board by one of the following
				  methods:
(1) Electronically on the Board's web
				  site.
(2) In person by scheduling
				  an appointment at the Board's Harrisburg office, one of the Board's other
				  offices or at a licensed facility. To make an appointment, a person shall
				  contact the OCPG at (717) 346-8300 or
				  problemgambling@pa.gov.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart N - Video Gaming › Chapter 1119a - SELF-EXCLUSION › Section 1119a.4 - Video gaming self-exclusion list

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  The Board will maintain the video gaming self-exclusion list and will make all
				  necessary additions or deletions of individuals removed from the list under
				  1119a.6 (relating to removal from the video gaming self-exclusion list) within
				  5 business days of the verification of the information received under §
										1119a.3 (relating to requests for
				  video gaming self-exclusion) and shall make the video gaming self-exclusion
				  list available to terminal operator licensees and establishment licensees
				  electronically by the Board's self-exclusion system.
(b) The information made available to
				  terminal operator licensees and establishment licensees by the Board's
				  self-exclusion system will include the following information concerning a
				  person who has been added to the video gaming self-exclusion list:
(1) Name, including any aliases or
				  nicknames.
(2) Date of
				  birth.
(3) Address of current
				  residence.
(4) Telephone
				  number.
(5) Social Security number,
				  or the last 4 digits of the individual's Social Security number, when
				  voluntarily provided by the person requesting video gaming self-exclusion under
				  section 7 of the Privacy Act of 1974 (5 U.S.C.A. §
												552a).
(6) Physical description of the person,
				  including height, gender, hair color, eye color and other physical
				  characteristic, that may assist in the identification of the person.
(7) A copy of the photograph taken by the
				  Board or submitted electronically under § 1119a.3.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart N - Video Gaming › Chapter 1119a - SELF-EXCLUSION › Section 1119a.5 - Duties of video gaming establishment licensees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An establishment licensee shall train its
				  employees and establish procedures to do all of the following:
(1) Identify a video gaming self-excluded
				  person when present in the video gaming area and, upon identification,
				  immediately notify employees of the establishment licensee whose duties include
				  the removal of video gaming self-excluded persons.
(2) Deny video gaming related activities to a
				  video gaming self-excluded person.
(3) Ensure that video gaming self-excluded
				  persons do not receive, either from the video gaming establishment licensee or
				  any agent thereof, targeted advertisements of video gaming activities at its
				  premises.
(4) Notify the
				  Pennsylvania State Police and the Bureau of the presence of a video gaming
				  self-excluded person in the video gaming area.
(5) Prepare a report of the presence of a
				  video gaming self-excluded person in a video gaming area on a form provided by
				  the Board and to submit that completed form to the OCPG and the Bureau within
				  24 hours for each occurrence of a video gaming self-excluded person being
				  present in a video gaming area, which may be submitted by the terminal
				  operator.
(6) Make available to
				  patrons written materials provided by the OCPG explaining the video gaming
				  self-exclusion program.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart N - Video Gaming › Chapter 1119a - SELF-EXCLUSION › Section 1119a.6 - Removal from the video gaming self-exclusion list

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For individuals who are on the video
				  gaming self-exclusion list for 1 year or 5 years, upon the conclusion of the
				  period of self-exclusion, the individual will be removed from the video gaming
				  self-exclusion list without further action on the individual's part.
(b) For individuals who have elected to be
				  video gaming self-excluded for less than lifetime but has not yet reached the
				  date of completion of the selected self-exclusion period, the individual may be
				  removed from the video gaming self-exclusion list if all of the following has
				  occurred:
(1) The individual has filed a
				  petition with the Board's Office of Hearings and appeals requesting to be
				  removed from the video gaming self-exclusion list.
(2) The individual has presented facts and
				  circumstances which, in the Board's discretion, demonstrate a compelling reason
				  for the Board to grant early removal from the video gaming self-exclusion
				  list.
(3) The Board has found by a
				  preponderance of the evidence that the person should be removed from the video
				  gaming self-exclusion list and issues an order to that effect.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart N - Video Gaming › Chapter 1119a - SELF-EXCLUSION › Section 1119a.7 - Exceptions for individuals on the video gaming self-exclusion list

Current through Register Vol. 54, No. 28, July 13, 2024
The prohibition against allowing video gaming self-excluded
					 persons to engage in activities related to video gaming does not apply to an
					 individual who is on the video gaming self-exclusion list if all of the
					 following apply:
(1) The individual is
				  carrying out the duties of employment or incidental activities related to
				  employment.
(2) The individual does
				  not otherwise engage in any video gaming activities.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart N - Video Gaming › Chapter 1119a - SELF-EXCLUSION › Section 1119a.8 - Disclosures of information related to persons on the self-exclusion list

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Board may
				  periodically release to the public demographics and general information
				  regarding the video gaming self-exclusion lists such as the total number of
				  individuals on the list, gender breakdown and age range.
(b) The Board may make selected data
				  available, upon request, for the limited purpose of assisting in the proper
				  administration of responsible gaming programs.
(c) The Board will not disclose identifying
				  information or confirm or deny the existence of an individual's name on the
				  Board's video gaming self-exclusion list.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart N - Video Gaming › Chapter 1120a - EXCLUSION OF PERSONS FROM VIDEO GAMING › Section 1120a.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates otherwise:
Career
or
professional
					 offender
-A person, who for the purpose of economic gain, engages in
					 activities that are deemed criminal violations under 18 Pa.C.S. (relating to
					 Crimes Code) or equivalent criminal violations in other jurisdictions, or
					 engages in unlawful activities in section 1518(a) of the act (relating to
					 prohibited acts; penalties).
Excluded person
-A person who has been
					 placed upon the exclusion list and who is required to be excluded or ejected
					 from an establishment licensee facility.
Exclusion list
-A list of names of persons
					 who are required to be excluded or ejected from an establishment licensee's
					 facility.
OCPG
-The Office of Compulsive and Problem
					 Gambling of the Board.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart N - Video Gaming › Chapter 1120a - EXCLUSION OF PERSONS FROM VIDEO GAMING › Section 1120a.2 - Maintenance and distribution of the exclusion list

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Board will maintain a list of persons
				  to be excluded or ejected from an establishment licensee facility.
(b) The exclusion list will be distributed to
				  every terminal operator licensee and establishment licensee in this
				  Commonwealth, who shall acknowledge receipt thereof in writing or
				  electronically.
(c) All of the
				  following information will be provided to the terminal operator licensee and
				  establishment licensee for each person on the exclusion list:
(1) The full name and all aliases the person
				  is believed to have used.
(2) A
				  description of the person's physical appearance, including height, weight, type
				  of build, color of hair and eyes, and other physical characteristics which may
				  assist in the identification of the person.
(3) The person's date of birth.
(4) The date the person was added to the
				  list.
(5) A recent photograph, if
				  available.
(6) The last known
				  address of record.
(7) Other
				  identifying information available to the Board.
(8) The reason for placement on the excluded
				  persons list.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart N - Video Gaming › Chapter 1120a - EXCLUSION OF PERSONS FROM VIDEO GAMING › Section 1120a.3 - Criteria for exclusion or ejection

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The exclusion list may include a person
				  who meets one or more of the following criteria:
(1) A career or professional offender whose
				  presence in an establishment licensee's facility would, in the opinion of the
				  Board, be inimical to the interest of the Commonwealth or of licensed video
				  gaming therein, or both.
(2) An
				  individual with a known relationship or connection with a career or
				  professional offender whose presence in an establishment licensee's facility
				  would be inimical to the interest of the Commonwealth or of licensed video
				  gaming therein, or both.
(3) A
				  person who has been convicted of a criminal offense under the laws of any
				  state, or of the United States, which is punishable by 1 year or more in
				  prison, or who has been convicted of any crime or offense involving moral
				  turpitude, and whose presence in a establishment licensee facility would be
				  inimical to the interest of the Commonwealth or of licensed video gaming
				  therein, or both.
(4) A person
				  whose presence in a establishment licensee facility would be inimical to the
				  interest of the Commonwealth or of licensed gaming therein, or both, including:
(i) Persons who cheat.
(ii) Persons whose gaming privileges have
				  been suspended by the Board.
(iii)
				  Persons whose Board permits, licenses, registrations, certifications or other
				  approvals have been revoked.
(iv)
				  Persons who pose a threat to the safety of the patrons, employees or persons on
				  the property of an establishment licensee's facility.
(v) Persons with a history of conduct
				  involving the disruption of the gaming operations within a licensed facility or
				  establishment licensee facility.
(vi) Persons subject to an order of a court
				  of competent jurisdiction in this Commonwealth excluding those persons from
				  licensed facilities or establishment licensee facilities.
(vii) Persons who have been charged, indicted
				  or convicted of a gambling crime or a crime related to the integrity of gaming
				  operations in this Commonwealth or another jurisdiction.
(viii) Persons who have performed an act or
				  have a notorious or unsavory reputation that would adversely affect public
				  confidence and trust in gaming.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart N - Video Gaming › Chapter 1120a - EXCLUSION OF PERSONS FROM VIDEO GAMING › Section 1120a.4 - Duties of the Bureau and the Office of Enforcement Counsel

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Bureau will, on its own initiative,
				  or upon referral by a law enforcement agency or an establishment licensee,
				  investigate a person to determine whether the person meets the criteria for
				  exclusion provided in
				  4
				  Pa.C.S. §
											3901 (relating to exclusion or
				  ejection of certain persons) and §
										1119a.3 (relating to requests for
				  video gaming self-exclusion).
(b)
				  If, upon completion of an investigation, the Bureau determines that an
				  individual should be placed on the exclusion list, the Office of Enforcement
				  Counsel will file a petition for exclusion with the Clerk identifying the
				  candidate and setting forth a factual basis for the petition. The petition must
				  include information demonstrating that the individual satisfies the criteria
				  for exclusion or ejection under
				  4
				  Pa.C.S. §
											3901 or this
				  chapter.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart N - Video Gaming › Chapter 1120a - EXCLUSION OF PERSONS FROM VIDEO GAMING › Section 1120a.5 - Placement on the exclusion list

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  A person may be placed on the exclusion list upon any of the following:
(1) Entry of an order of the Board.
(2) Receipt of an order from a court of
				  competent jurisdiction in this Commonwealth, excluding or ejecting the person
				  from establishment licensee facilities in this Commonwealth.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart N - Video Gaming › Chapter 1120a - EXCLUSION OF PERSONS FROM VIDEO GAMING › Section 1120a.6 - Demand for hearing on the exclusion of a person

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon the filing of a petition for
				  exclusion, the Office of Enforcement Counsel will serve the petition upon the
				  person by personal service or certified mail at the last known address of the
				  person. The notice will inform the person of the right to a hearing under
				  4
				  Pa.C.S. §
											3901(h)
				  (relating to exclusion or ejection of certain persons) and include a copy of
				  the petition.
(b) Upon service of
				  the petition, the person subject to the petition shall have 30 days to demand a
				  hearing before the Board or presiding officer. Failure to demand a hearing
				  within 30 days after service will be deemed an admission of all matters and
				  facts alleged in the Office of Enforcement Counsel's petition for exclusion and
				  preclude the person from having an administrative hearing.
(c) If a formal hearing is demanded by the
				  person named in the petition for exclusion, a hearing will be scheduled as
				  provided in §
										491a.8 (relating to hearings
				  generally). At the hearing, the Office of Enforcement Counsel will have the
				  burden of proof to demonstrate that the person named in the petition for
				  exclusion satisfies the criteria for exclusion in
				  4
				  Pa.C.S. §
											3901 or §
										1120a.3 (relating to criteria for
				  exclusion or ejection). Unless the matter is heard directly by the Board, the
				  presiding officer will prepare a report and recommendation as provided in
				  §
										494a.4 (relating to report or
				  report and recommendation of the presiding officer) for consideration by the
				  Board.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart N - Video Gaming › Chapter 1120a - EXCLUSION OF PERSONS FROM VIDEO GAMING › Section 1120a.7 - Board review

Current through Register Vol. 54, No. 28, July 13, 2024
After a hearing, or if a hearing was not requested and the
					 facts in the petition are deemed admitted, the Board may:
(1) Issue an order placing the person's name
				  on the exclusion list.
(2) Issue an
				  order removing or denying the placement of the person's name on the exclusion
				  list.
(3) Refer the matter to a
				  presiding officer for further hearing.
Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart N - Video Gaming › Chapter 1120a - EXCLUSION OF PERSONS FROM VIDEO GAMING › Section 1120a.8 - Duties of establishment licensees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Establishment licensees shall establish
				  procedures to prevent violations of this chapter and submit a copy of the
				  procedures to the Director of OCPG 30 days prior to initiation of gaming
				  activities at the establishment licensee's facility. An establishment licensee
				  will be notified in writing of any deficiencies in the plan and may submit
				  revisions to the plan to the Director of OCPG. The establishment licensee may
				  not commence operations until the Director of OCPG approves the procedures.
				  Amendments to these procedures shall be submitted to and approved by the
				  Director of OCPG prior to implementation.
(b) Establishment licensees shall distribute
				  copies of the exclusion list to the appropriate employees. Additions, deletions
				  or other updates to the list shall be distributed by an establishment licensee
				  to its employees within 2 business days of the establishment licensee's receipt
				  of the updates from the Board.
(c)
				  An establishment licensee shall exclude or eject from its establishment
				  licensee facility all of the following:
(1) An
				  excluded person.
(2) A
				  self-excluded person.