CHAPTER 463a. POSSESSION OF SLOT MACHINES, ELECTRONIC WAGERING TERMINALS AND FULLY AUTOMATED ELECTRONIC GAMING TABLES

Sec.


463a.1.    Possession of slot machines, electronic wagering terminals and fully automated electronic gaming tables generally.
463a.2.    Transportation of slot machines, electronic wagering terminals and fully automated electronic gaming tables into, within and out of this Commonwealth.
463a.3.    Slot machine, electronic wagering terminal and fully automated electronic gaming table location on the gaming floor.
463a.4.    Notice and connection to the central control computer system.
463a.5.    Slot machine, electronic wagering terminal and fully automated electronic gaming table master lists.
463a.6.    [Reserved].
463a.7.    Off premises storage of slot machines, electronic wagering terminals and fully automated electronic gaming tables.

§ 463a.1. Possession of slot machines, electronic wagering terminals and fully automated electronic gaming tables generally.

 (a)  Except as otherwise provided in this section and 18 Pa.C.S. §  5513 (relating to gambling devices, gambling, etc.), a person may not possess any slot machine, electronic wagering terminal or fully automated electronic gaming table within this Commonwealth that may be used for gambling activity.

 (b)  The following persons and any employee or agent acting on their behalf may possess slot machines, electronic wagering terminals or fully automated electronic gaming tables in this Commonwealth for the purposes described herein provided that slot machines, electronic wagering terminals or fully automated electronic gaming tables located outside of a licensed facility may not be used for gambling activity:

   (1)  A slot machine licensee, for the purpose of maintaining for use, training or operating slot machines in a licensed facility.

   (2)  The holder of a manufacturer license for the purpose of manufacturing, exhibiting, demonstrating, training or preparing for transfer to a manufacturer designee licensee, supplier licensee or slot machine licensee.

   (3)  The holder of a manufacturer designee license or supplier license for the purpose of distributing, repairing, servicing, exhibiting or demonstrating slot machines or fully automated electronic gaming tables and any training with regard thereto.

   (4)  An educational institution for the purpose of teaching slot machine design, operation, repair or servicing.

   (5)  A manufacturer, manufacturer designee or supplier of slot machines not licensed within this Commonwealth for the limited purpose of temporary exhibition or demonstration.

   (6)  A common carrier, for the purpose of transporting slot machines or fully automated electronic gaming tables in accordance with §  463a.2 (relating to transportation of slot machines, electronic wagering terminals and fully automated electronic gaming tables into, within and out of this Commonwealth).

   (7)  An employee or agent of the Board, the Department, the Pennsylvania State Police or any law enforcement agency of this Commonwealth for the purpose of fulfilling official duties or responsibilities.

   (8)  Other persons upon a finding that the possession of slot machines or fully automated electronic gaming tables by those persons in this Commonwealth is not contrary to the goals and objectives of the act.

 (c)  Persons seeking to possess slot machines, electronic wagering terminals or fully automated electronic gaming tables under subsection (b)(4), (5) and (8) shall submit a petition to the Board as required under §  493a.4 (relating to petitions generally). The petition to the Board must contain:

   (1)  The purpose for having the slot machines, electronic wagering terminals or fully automated electronic gaming tables.

   (2)  The proposed location of the slot machines, electronic wagering terminals or fully automated electronic gaming tables.

   (3)  The time period for which the slot machines, electronic wagering terminal or fully automated electronic gaming tables will be kept.

   (4)  How the slot machines, electronic wagering terminal or fully automated electronic gaming tables will be secured.

 (d)  Requests approved by the Board may be subject to specific terms and conditions imposed by the Board.

 (e)  A person authorized to possess slot machines, electronic wagering terminals or fully automated electronic gaming tables under subsection (d) that desires to store the slot machines, electronic wagering terminals or fully automated electronic gaming tables at a location other than the location specified in subsection (c)(2) shall obtain approval from the Board’s Executive Director prior to storing the slot machines, electronic wagering terminal or fully automated electronic gaming tables at the other location.

Authority

   The provisions of this §  463a.1 amended under 4 Pa.C.S. § §  1202(b)(30), 1207(3), (6), (9) and (21), 13A02(1), (2), (2.1), (4) and (6), 13A25(c) and 13A62(a).

Source

   The provisions of this §  463a.1 amended October 10, 2008, effective October 11, 2008, 38 Pa.B. 5652; amdended January 31, 2014, effective February 1, 2014, 44 Pa.B. 599; amended December 15, 2017, effective December 16, 2017, 47 Pa.B. 7563. Immediately preceding text appears at serial pages (370333) to (370334).

Cross References

   This section cited in 58 Pa. Code §  463a.2 (relating to transportation of slot machines, electronic wagering terminals and fully automated electronic gaming tables into, within and out of this Commonwealth); and 58 Pa. Code §  463a.5 (relating to slot machine, electronic wagering terminal and fully automated electronic gaming table master lists).

§ 463a.2. Transportation of slot machines, electronic wagering terminals and fully automated electronic gaming tables into, within and out of this Commonwealth.

 (a)  In furtherance of section 1511 of the act (relating to declaration of exemption from Federal laws prohibiting slot machines), prior to the transport or movement of a slot machine, electronic wagering terminal or fully automated electronic gaming table into, within or out of this Commonwealth, from one person authorized to possess slot machines, electronic wagering terminals or fully automated electronic gaming tables under §  463a.1 (relating to possession of slot machines, electronic wagering terminals and fully automated electronic gaming tables generally) to another person, the persons causing the slot machine, electronic wagering terminal or fully automated electronic gaming table to be transported or moved shall notify the Bureau of Gaming Laboratory Operations and the Bureau of Casino Compliance in writing or in an electronic format approved by the Bureau of Gaming Laboratory Operations. The notice shall be submitted no later than the day the slot machine, electronic wagering terminal or fully automated electronic gaming table is transported and include the following information:

   (1)  The name and address of the person shipping or moving the slot machine, electronic wagering terminal or fully automated electronic gaming table.

   (2)  The name and address of the person who owns the slot machine, electronic wagering terminal or fully automated electronic gaming table, if different from the person shipping or moving the machine.

   (3)  The name and address of a new owner if ownership is being changed in conjunction with the shipment or movement.

   (4)  The method of shipment or movement and the name and address of the common carrier or carriers, if applicable.

   (5)  The name and address of the person to whom the slot machine, electronic wagering terminal or fully automated electronic gaming table is being sent and the destination of the slot machine, electronic wagering terminal or fully automated electronic gaming table, if different from that address.

   (6)  The quantity of slot machines, electronic wagering terminals or fully automated electronic gaming tables being shipped or moved and the manufacturer’s serial number of each machine.

   (7)  The expected date and time of delivery to, or removal from, any authorized location within this Commonwealth.

   (8)  The port of entry, or exit, if any, of the slot machine, electronic wagering terminal or fully automated electronic gaming table if the origin or destination of the slot machine, electronic wagering terminal or fully automated electronic gaming table is outside the continental United States.

   (9)  The reason for transporting or moving the slot machine, electronic wagering terminal or fully automated electronic gaming table.

 (b)  In addition to the requirements in subsection (a), if a slot machine licensee is shipping slot machines, electronic wagering terminals or fully automated electronic gaming tables to or from the slot machine licensee’s approved, off-premises storage location, the slot machine licensee shall comply with the requirements in subsection (a) and record the movement in the licensee’s movement log as required under §  463a.5(e) (relating to slot machine, electronic wagering terminal and fully automated electronic gaming table master lists). If a slot machine, electronic wagering terminal or fully automated electronic gaming table is being transported to the licensed facility from the licensee’s approved, off-premises storage location, the licensee shall specify in the notice required under subsection (a) whether the slot machine, electronic wagering terminal or fully automated electronic gaming table will be placed directly onto the gaming floor or stored off the gaming floor in a restricted area within the licensed facility.

Authority

   The provisions of this §  463a.2 amended under 4 Pa.C.S. § §  1202(b)(30), 1207, 13A02(1), (2), (2.1), (4) and (6), 13A25(c), 13A62(a) and 1322.

Source

   The provisions of this §  463a.2 amended October 10, 2008, effective October 11, 2008, 38 Pa.B. 5652; amended December 12, 2008, effective December 13, 2008, 38 Pa.B. 6749; amended September 25, 2009, effective September 26, 2009, 39 Pa.B. 5562; amended January 31, 2014, effective February 1, 2014, 44 Pa.B. 599; amended December 15, 2017, effective December 16, 2017, 47 Pa.B. 7563. Immediately preceding text appears at serial pages (370335) to (370336).

Cross References

   This section cited in 58 Pa. Code §  463a.1 (relating to possession of slot machines, electronic wagering terminals and fully automated electronic gaming tables generally).

§ 463a.3. Slot machine, electronic wagering terminal and fully automated electronic gaming table location on the gaming floor.

 (a)  A gaming floor must consist of one or more areas within a licensed facility approved by the Board or Executive Director under §  467a.1 (relating to gaming floor plan) for the placement and operation of slot machines, electronic wagering terminals or fully automated electronic gaming tables.

 (b)  A slot machine, electronic wagering terminal or fully automated electronic gaming table on a gaming floor shall be placed at a location, which location may contain no more than one slot machine, electronic wagering terminal or fully automated electronic gaming table, identified by number on a gaming floor plan approved by the Board or Executive Director under section 1322 of the act (relating to slot machine accounting controls and audits) and §  467a.1 and shall also be identified by this slot machine, electronic wagering terminal or fully automated electronic gaming table location number and an asset number on the Gaming Floor Slot Machine, Electronic Wagering Terminal and Fully Automated Electronic Gaming Table Master List.

Authority

   The provisions of this §  463a.3 amended under 4 Pa.C.S. § §  1202(b)(30), 1207(3), (6), (9) and (21), 13A02(1), (2), (2.1), (4) and (6), 13A25(c) and 13A62(a).

Source

   The provisions of this §  463a.3 amended July 24, 2009, effective July 25, 2009, 39 Pa.B. 4338; corrected July 31, 2009, 39 Pa.B. 4422; amended January 31, 2014, effective February 1, 2014, 44 Pa.B. 599; amended December 15, 2017, effective December 16, 2017, 47 Pa.B. 7563. Immediately preceding text appears at serial pages (370336) to (370337).

Cross References

   This section cited in 58 Pa. Code §  463a.5 (relating to slot machine, electronic wagering terminal and fully automated electronic gaming table master lists); and 58 Pa. Code §  467a.1 (relating to gaming floor plan).

§ 463a.4. Notice and connection to the central control computer system.

 (a)  Prior to utilization for gambling activity, a slot machine, electronic wagering terminal or fully automated electronic gaming table on a gaming floor shall be connected or linked to a central control computer system having the capabilities and in compliance with the terms of section 1323 of the act (relating to central control computer system).

 (b)  To ensure activation or disabling, as appropriate, in the central control computer system and the retrieval of real time meter information from the slot machine, electronic wagering terminal or fully automated electronic gaming table in conjunction with the movement of a slot machine, electronic wagering terminal or fully automated electronic gaming table, the slot machine licensee shall provide the Department with written notice of the slot machine, electronic wagering terminal or fully automated electronic gaming table movement, prior to any of the following:

   (1)  Placement of a slot machine, electronic wagering terminal or fully automated electronic gaming table on the gaming floor.

   (2)  Movement of a slot machine, electronic wagering terminal or fully automated electronic gaming table between slot machine, electronic wagering terminal or fully automated electronic gaming table locations on the gaming floor.

   (3)  Removal of a slot machine, electronic wagering terminal or fully automated electronic gaming table from the gaming floor.

Authority

   The provisions of this §  463a.4 amended under 4 Pa.C.S. § §  1202(b)(30), 1207(3), (6), (9) and (21), 13A02(1), (2), (2.1), (4) and (6), 13A25(c) and 13A62(a).

Source

   The provisions of this §  463a.4 amended January 31, 2014, effective February 1, 2014, 44 Pa.B. 599; amended December 15, 2017, effective December 16, 2017, 47 Pa.B. 7563. Immediately preceding text appears at serial page (370337).

Cross References

   This section cited in 58 Pa. Code §  461a.5 (relating to slot machine conversions); and 58 Pa. Code §  1112.5 (relating to video gaming terminal conversions).

§ 463a.5. Slot machine, electronic wagering terminal and fully automated electronic gaming table master lists.

 (a)  Prior to the commencement of operations at a licensed facility, a slot machine licensee shall file the following with the Bureau of Gaming Laboratory Operations and the Bureau of Casino Compliance, in an electronic format approved by the Bureau of Gaming Laboratory Operations:

   (1)  Gaming Floor Slot Machine, Electronic Wagering Terminal and Fully Automated Electronic Gaming Table Master List.

   (2)  Restricted Area/Off Premises Slot Machine, Electronic Wagering Terminal and Fully Automated Electronic Gaming Table Master List.

 (b)  A Gaming Floor Slot Machine, Electronic Wagering Terminal and Fully Automated Electronic Gaming Table Master List must list all slot machines, electronic wagering terminals and fully automated electronic gaming tables located on the gaming floor in consecutive order by the device location number under §  463a.3 (relating to slot machine, electronic wagering terminal and fully automated electronic gaming table location on the gaming floor) and contain the following:

   (1)  The date the list was prepared.

   (2)  A description of each slot machine, electronic wagering terminal or fully automated electronic gaming table which includes:

     (i)   The zone/location number.

     (ii)   The asset number.

     (iii)   The manufacturer’s serial number.

     (iv)   The base denomination, or if configured for multiple denominations, a list of the denominations.

     (v)   The game software/program ID.

     (vi)   The operating system/base ROM.

     (vii)   The manufacturer.

     (viii)   The slot machine, electronic wagering terminal or fully automated electronic gaming table model.

     (ix)   The model type (reel or video), if applicable.

     (x)   The game theme/description.

     (xi)   The minimum payout percentage, if applicable.

     (xii)   The machine displayed payout percentage, if applicable.

     (xiii)   The paytable ID.

     (xiv)   Whether the slot machine, electronic wagering terminal or fully automated electronic gaming table is in a smoking area.

     (xv)   If the slot machine, electronic wagering terminal or fully automated electronic gaming table is a progressive, the type of progressive, the progressive controller type and the progressive software.

     (xvi)   The fund transfer/voucher system software.

 (c)  If a slot machine, electronic wagering terminal or fully automated electronic gaming table is configured to allow a patron to select from multiple games or game themes, each game or game theme, minimum and machine displayed payout percentages, if applicable, and paytable ID must be listed in the Gaming Floor Slot Machine, Electronic Wagering Terminal and Fully Automated Electronic Gaming Table Master List. Instead of listing each game or game theme, minimum and machine displayed payout percentage and paytable ID for a slot machine, electronic wagering terminal or fully automated electronic gaming table configured to offer multiple game themes with the slot machine, electronic wagering terminal or fully automated electronic gaming table, a slot machine licensee may use a unique generic code for the game theme and attach an appendix which lists the game themes, minimum and machine displayed payout percentages and paytable IDs that correspond to each unique generic game theme code.

 (d)  A Restricted Area/Off Premises Slot Machine, Electronic Wagering Terminal and Fully Automated Electronic Gaming Table Master List must include all slot machines, electronic wagering terminals and fully automated electronic gaming tables located off the gaming floor in a restricted area within the licensed facility approved under §  465a.8(b) (relating to licensed facility), or in storage locations in this Commonwealth off the premises of the licensed facility approved under §  463a.7 (relating to off premises storage of slot machines, electronic wagering terminals and fully automated electronic gaming tables) grouped by the location where the slot machines, electronic wagering terminals or fully automated electronic gaming tables are located. A Restricted Area/Off Premises Slot Machine, Electronic Wagering Terminal and Fully Automated Electronic Gaming Table Master List must include the following information:

   (1)  The date the list was prepared.

   (2)  A description of each slot machine, electronic wagering terminal and fully automated electronic gaming table which includes:

     (i)   The location of the slot machine, electronic wagering terminal or fully automated electronic gaming table.

     (ii)   The asset number.

     (iii)   The manufacturer’s serial number.

     (iv)   The game software/program ID.

     (v)   The operating system/base ROM.

     (vi)   The game theme/description.

     (vii)   The manufacturer.

     (viii)   The slot machine, electronic wagering terminal or fully automated electronic gaming table model.

     (ix)   The model type (reel or video), if applicable.

 (e)  Once a slot machine, electronic wagering terminal or fully automated electronic gaming table has been placed in an authorized location on the gaming floor, stored in a restricted area off the gaming floor but within the licensed facility approved under §  465a.8 or in a location in this Commonwealth off the premises of the licensed facility approved under §  463a.7, all subsequent movements of that slot machine, electronic wagering terminal or fully automated electronic gaming table shall be recorded by a slot department member in a slot machine movement log which includes the following:

   (1)  The asset number and model and manufacturer’s serial number of the moved slot machine, electronic wagering terminal or fully automated electronic gaming table.

   (2)  The date and time of movement.

   (3)  The location from which the slot machine, electronic wagering terminal or fully automated electronic gaming table was moved.

   (4)  The location to which the slot machine, electronic wagering terminal or fully automated electronic gaming table was moved.

   (5)  The date and time of any required notice to the Department in connection with activation or disabling of the slot machine, electronic wagering terminal or fully automated electronic gaming table in the central control computer system.

   (6)  The signature of the slot shift manager and the lead technician verifying the movement of the slot machine, electronic wagering terminal or fully automated electronic gaming table in compliance with this section.

 (f)  Documentation summarizing slot machine, electronic wagering terminal or fully automated electronic gaming table movements, as described in subsection (e), shall be submitted to the Bureau of Gaming Laboratory Operations and the Bureau of Casino Compliance, in an electronic format approved by the Bureau of Gaming Laboratory Operations, on a daily basis.

 (g)  On the first Tuesday of each month a slot machine licensee shall file an updated Gaming Floor Slot Machine, Electronic Wagering Terminal and Fully Automated Electronic Gaming Table Master List and an updated Restricted Area/Off Premises Slot Machine, Electronic Wagering Terminal and Fully Automated Electronic Gaming Table Master List containing the information required under subsections (b)—(d). The Gaming Floor Slot Machine, Electronic Wagering Terminal and Fully Automated Electronic Gaming Table Master List and the Restricted Area/Off Premises Slot Machine, Electronic Wagering Terminal and Fully Automated Electronic Gaming Table Master List shall be filed in an electronic format with the Bureau of Gaming Laboratory Operations.

 (h)  Persons authorized by the Board to possess slot machines, electronic wagering terminals or fully automated electronic gaming tables under §  463a.1(c) (relating to possession of slot machines, electronic wagering terminals and fully automated electronic gaming tables generally) shall file with the Bureau of Gaming Laboratory Operations, in an electronic format approved by the Bureau of Gaming Laboratory Operations, a complete list of slot machines, electronic wagering terminals or fully automated electronic gaming table possessed by the person. The list shall:

   (1)  Be denoted as a Slot Machine, Electronic Wagering Terminal and Fully Automated Electronic Gaming Table Master List.

   (2)  Be filed within 3 business days of the initial receipt of slot machines, electronic wagering terminals or fully automated electronic gaming tables.

   (3)  Contain the following information:

     (i)   The date on which the list was prepared.

     (ii)   A description of each slot machine, electronic wagering terminal or fully automated electronic gaming table including:

       (A)   The manufacturer.

       (B)   The manufacturer’s serial number.

       (C)   The slot machine, electronic wagering terminal or fully automated electronic gaming table model.

       (D)   The model type (reel or video), if applicable.

       (E)   Whether or not the slot machine, electronic wagering terminal or fully automated electronic gaming table is a progressive, and if it is, the type of progressive.

     (i)   On the first Tuesday of each month following the initial filing of a Slot Machine, Electronic Wagering Terminal and Fully Automated Electronic Gaming Table Master List, those persons enumerated in subsection (h) shall file with the Bureau of Gaming Laboratory Operations, in an electronic format approved by the Bureau of Gaming Laboratory Operations, an updated Slot Machine, Electronic Wagering Terminal and Fully Automated Electronic Gaming Table Master List containing the information required in subsection (h).

Authority

   The provisions of this §  463a.5 amended under 4 Pa.C.S. § §  1202(b)(30), 1207(3), (5), (6), (7), (9) and (21), 13A02(1), (2), (2.1), (4) and (6), 13A25(c), 13A62(a), 1321 and 1322.

Source

   The provisions of this §  463a.5 amended October 10, 2008, effective October 11, 2008, 38 Pa.B. 5652; amended July 24, 2009, effective July 25, 2009, 39 Pa.B. 4338; corrected July 31, 2009, 39 Pa.B. 4422; amended February 26, 2010, effective February 27, 2010, 40 Pa.B. 1082; amended January 31, 2014, effective February 1, 2014, 44 Pa.B. 599; amended December 15, 2017, effective December 16, 2017, 47 Pa.B. 7563. Immediately preceding text appears at serial pages (370337) to (370341).

Cross References

   This section cited in 58 Pa. Code §  461a.4 (relating to submission for testing and approval); 58 Pa. Code §  463a.2 (relating to transportation of slot machines, electronic wagering terminals and fully automated electronic gaming tables into, within and out of this Commonwealth); and 58 Pa. Code §  607a.2 (relating to table game device master list).

§ 463a.6. [Reserved].


Authority

   The provisions of this §  463a.6 reserved under 4 Pa.C.S. § §  1202(b)(30), 1207(3), (6), (9) and (21) and 13A02(1), (2) and (4).

Source

   The provisions of this §  463a.6 reserved January 31, 2014, effective February 1, 2014, 44 Pa.B. 599. Immediately preceding text appears at serial pages (362054) and (348405).

§ 463a.7. Off premises storage of slot machines, electronic wagering terminals and fully automated electronic gaming tables.

 (a)  A slot machine licensee may not store slot machines, electronic wagering terminals or fully automated electronic gaming tables off the premises of a licensed facility without prior approval from the Board’s Executive Director.

 (b)  A slot machine licensee seeking to store slot machines, electronic wagering terminal or fully automated electronic gaming tables off the premises of a licensed facility shall submit a written request to the Bureau of Gaming Operations for off premise storage. The written request must include:

   (1)  The location and a physical description of the proposed storage facility.

   (2)  A description of the type of surveillance system that has been or will be installed at the proposed storage facility.

   (3)  The plan to provide 24 hour, 7 day a week security at the proposed storage facility.

   (4)  The anticipated number of slot machines, electronic wagering terminals or fully automated electronic gaming tables that may be stored at the proposed storage facility.

 (c)  Before the Board’s Executive Director will act on a request for off premise storage of slot machines, the Director of Casino Compliance will inspect the proposed storage facility.

 (d)  The Board’s Executive Director will approve or disapprove requests within 60 days. Requests approved by the Board’s Executive Director may be subject to specific terms and conditions imposed by the Board’s Executive Director.

Authority

   The provisions of this §  463a.7 amended under 4 Pa.C.S. § §  1202(b)(30), 1207(3), (6), (9) and (21), 13A02(1), (2), (2.1), (4) and (6), 13A25(c) and 13A62(a).

Source

   The provisions of this §  463a.7 amended October 10, 2008, effective October 11, 2008, 38 Pa.B. 5652; amended September 25, 2009, effective September 26, 2009, 39 Pa.B. 5562; amended January 31, 2014, effective February 1, 2014, 44 Pa.B. 599; amended December 15, 2017, effective December 16, 2017, 47 Pa.B. 7563. Immediately preceding text appears at serial pages (370341) to (370342)

Cross References

   This section cited in 58 Pa. Code §  463a.5 (relating to slot machine, electronic wagering terminal and fully automated electronic gaming table master lists).



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