Pennsylvania Code › Title 58 - RECREATION › Part VII - GAMING CONTROL BOARD › Subpart A - General Provisions › Chapter 401a - PRELIMINARY PROVISIONS › Section 401a.3 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this part, have
					 the following meanings, unless the context clearly indicates otherwise:
Act
-The Pennsylvania Race Horse
					 Development and Gaming Act (4 Pa.C.S. §§
											1101-1904).
Affiliate, affiliate of or person affiliated
					 with
-A person that directly or indirectly, through one or more
					 intermediaries, controls, is controlled by or is under common control with a
					 specified person.
Applicant
-A person, who on his own behalf
					 or on behalf of another, is applying for permission to engage in an act or
					 activity which is regulated under the act or this part. In cases in which the
					 applicant is a person other than an individual, the Board will determine the
					 associated persons whose qualifications are necessary as a precondition to the
					 licensing of the applicant.
Application
-A written request for
					 permission to engage in an act or activity which is regulated under the act or
					 this part.
Approved, approval
or
approve
-The date that an application to the Board is granted
					 regardless of the pendency of administrative or judicial appeals or other legal
					 action challenging the decision of the Board.
Arrest
-Detaining, holding, or taking into
					 custody by police or other law enforcement authorities to answer for an alleged
					 commission of an offense.
Associated equipment
-Equipment or
					 mechanical, electromechanical or electronic contrivance, component or machine
					 used in connection with gaming, including the following:
(i) Linking devices which connect to
				  progressive slot machines or slot machines.
(ii) Replacement parts needed to conduct slot
				  machine gaming.
(iii) Equipment
				  which affects the proper reporting of gross revenue.
(iv) Computerized systems for controlling and
				  monitoring slot machines, including, the central control computer and devices
				  for weighing or counting money.
BIE
or
Bureau
-The Bureau
					 of Investigations and Enforcement of the Board.
Background investigation
-A security,
					 criminal, credit and suitability investigation of a person as provided for in
					 the act. The investigation must include the status of taxes owed to the United
					 States and to the Commonwealth and its political subdivisions.
Backside area
-
(i) Those areas of the racetrack facility
				  that are not generally accessible to the public and which include facilities
				  commonly referred to as barns, track kitchens, recreation halls, backside
				  employee quarters and training tracks, and roadways providing access
				  thereto.
(ii) The term does not
				  include those areas of the racetrack facility which are generally accessible to
				  the public, including the various buildings commonly referred to as the
				  grandstand or the racing surfaces, paddock enclosures and walking
				  rings.
Board
-The Pennsylvania Gaming Control
					 Board.
Board web
					 site
-www.gamingcontrolboard.pa.gov.
Central control computer
-A central site
					 computer controlled by the Department and accessible by the Board to which all
					 slot machines communicate for the purpose of auditing capacity, real-time
					 information retrieval of the details of a financial event that occurs in the
					 operation of a slot machine, including, coin in, coin out, ticket in, ticket
					 out, jackpots, machine door openings and power failure, and remote machine
					 activation and disabling of slot machines.
Certificate holder
-A slot machine licensee
					 that was awarded a certificate to operate table games.
Certified gaming service provider
-A
					 gaming service provider that holds a gaming provider certification.
Certified vendor
-A vendor that holds a
					 vendor certification.
Charge
-An indictment, complaint,
					 information, summons or other notice of an alleged commission of an offense.
Clerk
-The Clerk to the Board's Office of
					 Hearings and Appeals.
Collateral agreement
-Any contract between
					 a management company or its affiliates, intermediaries, subsidiaries or holding
					 companies and a slot machine licensee or its affiliates, intermediaries,
					 subsidiaries or holding companies that is related either directly or indirectly
					 to a management contract or to any rights, duties or obligations created
					 between a management company and a slot machine licensee.
Commission
or
Commissions
-The State Horse Racing Commission or the State
					 Harness Racing Commission, or both, as the context may require.
Compensation
-A thing of value, money or a
					 financial benefit conferred on or received by a person in return for services
					 rendered, or to be rendered, whether by that person or another.
Complimentary
-
(i) Any lodging, service or item, including a
				  cash or noncash gift, which is provided directly or indirectly to an individual
				  at no cost or at a reduced cost which is not generally available to the
				  public.
(ii) The term includes
				  lodging provided to an individual at a reduced price due to the anticipated or
				  actual gaming activities of that individual. Group rates, including convention
				  and government rates, shall be deemed generally available to the
				  public.
(iii) The term includes
				  points that are awarded to patrons of a licensed facility who are members of
				  the licensed facility's player rewards program and credits for promotional
				  slots play.
Conduct of gaming
-The licensed placement
					 and operation of games of chance under the act or this part and approved by the
					 Board at a licensed facility.
Confidential information
-Materials that
					 are not generally available to the public.
Controlling interest
-
(i) For a publicly traded domestic or foreign
				  corporation, a controlling interest is an interest in a legal entity, applicant
				  or licensee if a person's sole voting rights under state law or corporate
				  articles or bylaws entitle the person to elect or appoint one or more of the
				  members of the board of directors or other governing board or the ownership or
				  beneficial holding of 5% or more of the securities of the publicly traded
				  corporation, partnership, limited liability company or other form of publicly
				  traded legal entity, unless this presumption of control or ability to elect is
				  rebutted by clear and convincing evidence.
(ii) For a privately held domestic or foreign
				  corporation, partnership, limited liability company or other form of privately
				  held legal entity, a controlling interest is the holding of any securities in
				  the legal entity, unless this presumption of control is rebutted by clear and
				  convincing evidence.
(iii) A person
				  who owns or beneficially holds less than 5% of the securities of a privately
				  held domestic or foreign corporation, partnership, limited liability company or
				  other form of privately held legal entity shall be deemed as having rebutted
				  the presumption of control by clear and convincing evidence.
Conviction
-
(i) A finding of guilt or a plea of guilty or
				  nolo contendere, whether or not a judgment of sentence has been imposed as
				  determined by the law of the jurisdiction in which the prosecution was held.
(ii) The term does not include a
				  conviction that has been expunged or overturned or for which an individual has
				  been pardoned or an order of Accelerated Rehabilitative Disposition has been
				  entered.
Corporation
-A publicly traded
					 corporation.
Credential
-A form of identification
					 approved and issued by the Board.
Department
-The Department of Revenue of
					 the Commonwealth.
Ex parte communication
-
(i) Any off-the-record communication engaged
				  in or received by a member or presiding officer of the Board regarding the
				  merits of or any fact in issue relating to a pending matter before the Board or
				  presiding officer or which may reasonably be expected to come before the Board
				  or presiding officer in a contested on-the-record proceeding.
(ii) The term does not include the following:
(A) Off-the-record communications by or
				  between a member or presiding officer of the Board, the Department, the
				  Pennsylvania State Police, the Attorney General or other law enforcement
				  official prior to the beginning of the proceeding solely for the purpose of
				  seeking clarification or correction to evidentiary materials intended for use
				  in the proceedings.
(B)
				  Communications between the Board or a member and the Office of Chief
				  Counsel.