58 Pa. Code § 401a.3
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:
(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—
(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—
(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—
(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—
(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—
(ii) The term does not include the following:
(B) Communications between the Board or a member and the Office of Chief Counsel.
Federal tax identification number—The Social Security number of an individual or the Employer Identification Number of a business entity, fiduciary or other person.
Final order—One of the following:
(iii) An action by the Board which is designated by the Board as final.
Financial backer—An investor, mortgagee, bondholder, note holder or other source of equity or capital provided to an applicant or licensed entity.
Formal record—The pleadings in a matter or proceeding, a notice or Board order initiating the matter or proceeding, and if a hearing is held: the transcript of a hearing, exhibits received in evidence, offers of proof, motions, stipulations, subpoenas, proofs of service, determinations made by the Board thereon, and certifications to the Board.
Gaming area or gaming floor—Any portion of a licensed facility where slot machines have been installed for use or play.
Gaming employee—
(i) An employee of a slot machine licensee, including:
(P) Directors of the following departments:
(ii) Employees of a licensed supplier, manufacturer, manufacturer designee or gaming related gaming service provider whose duties:
(iii) Employees of a gaming service provider whose duties require:
(v) Other employees or individuals who the Board determines, after a review of the work being performed, require permits for the protection of the integrity of gaming.
Gaming service provider—
(ii) The term includes:
(J) Other entities which the Board will determine based on detailed analyses by the Board of gaming service provider contracts.
Gaming service provider certification—A certification issued by the Board authorizing a gaming service provider to provide goods or services to a slot machine licensee or applicant.
Gaming service provider registration—A registration issued by the Board authorizing a gaming service provider to provide goods or services to a slot machine licensee or applicant.
Gross terminal revenue—The total of cash or cash equivalent wagers received by a slot machine minus the total of:
(iv) The term does not include counterfeit money or tokens, coins or currency of other countries which are received in slot machines (except to the extent that they are readily convertible to United States currency), cash taken in fraudulent acts perpetrated against a slot machine licensee for which the licensee is not reimbursed or cash received as entry fees for contests or tournaments in which the patrons compete for prizes.
Holding company—A person, other than an individual, which, directly or indirectly, owns, has the power or right to control or to vote 20% or more of the outstanding voting securities of a corporation or other form of business organization. A holding company indirectly has, holds or owns any such power, right or security if it does so through an interest in a subsidiary or successive subsidiaries.
IRS—The Internal Revenue Service of the United States.
Independent contractor—A person who performs professional, scientific, technical, advisory or consulting services to the Board for a fee, honorarium or similar compensation pursuant to a contract.
Institutional investor—A retirement fund administered by a public agency for the exclusive benefit of Federal, State or local public employees, investment company registered under the Investment Company Act of 1940 (15 U.S.C.A. § § 80a-1—80a-64), collective investment trust organized by banks under Part Nine of the Rules of the Comptroller of the Currency, closed end investment trust, chartered or licensed life insurance company or property and casualty insurance company, banking and other chartered or licensed lending institution, investment advisor registered under the Investment Advisors Act of 1940 (15 U.S.C.A. § § 80b-1—80b-21), and other persons registered in any foreign jurisdiction and regulated pursuant to a statute of any foreign jurisdiction that the Board determines to be substantially similar to either or both of the aforementioned statutes.
Intermediary—A person, other than an individual, which is:
(ii) A subsidiary with respect to a holding company.
Issued, issuance or issue—The date when a determination by the Board approving an application becomes final, binding and nonappealable and is not subject to a pending legal challenge.
Key employee—An individual who is:
(iv) Employed in other positions which the Board will determine based on detailed analyses of the employee’s duties or the job descriptions.
License fee—The amount of money required to be paid for the issuance or renewal of any type of license required by the act or as established by the Board.
Licensed entity—A slot machine licensee, manufacturer licensee, supplier licensee or other person licensed by the Board under this part.
Licensed entity representative—A person acting on behalf of or representing the interest of an applicant, licensee, permittee or registrant, including an attorney, agent or lobbyist regarding any matter which may reasonably be expected to come before the Board.
Licensed facility—
(ii) The term does not encompass areas or amenities exclusive to pari-mutuel activities, hotel activities including hotel rooms, catering or room service operations serving a hotel, convention, meeting and mutipurpose facilities, retail facilities, food and beverage outlets and other amenities and activities not located on or adjacent to the gaming floor, or related to slot machine gaming operations.
Licensed gaming entity—A person that holds a slot machine license.
Licensed racetrack or racetrack—
(ii) The term ‘‘racetrack’’ or ‘‘its racetrack’’ means the physical land-based location at which live horse racing is conducted even if not owned by the person.
Licensed racing entity—A legal entity that has obtained a license to conduct live thoroughbred or harness horse race meetings respectively with pari-mutuel wagering from either the State Horse Racing Commission or the State Harness Racing Commission under the Race Horse Industry Reform Act.
Management company—A person or legal entity which, through a Board-approved management contract with a slot machine licensee, is responsible for the management of all or part of the operation of a licensed facility.
Management contract—A contract, subcontract or collateral agreement between a management company and a slot machine licensee if the contract provides for the management of all or part of a licensed facility.
Manufacturer—A person who manufactures, builds, rebuilds, fabricates, assembles, produces, programs, designs or otherwise makes modifications to slot machines or associated equipment for use or play of slot machines in this Commonwealth for gaming purposes.
Manufacturer designee—A person who is designated by a licensed manufacturer pursuant to an agreement to supply or repair the licensed manufacturer’s slot machines or associated equipment.
Manufacturer designee license—A license issued by the Board authorizing a manufacturer designee to supply or repair slot machines or associated equipment of a licensed manufacturer for use in this Commonwealth for gaming purposes.
Manufacturer designee licensee—A manufacturer designee that obtains a manufacturer designee license.
Manufacturer license—A license issued by the Board authorizing a manufacturer to manufacture or produce slot machines or associated equipment for use in this Commonwealth for gaming purposes.
Manufacturer licensee—A person that holds a manufacturer license.
Manufacturer’s serial number—The unique number permanently assigned to a slot machine by a manufacturer for identification and control purposes.
Member—An individual appointed to and sworn in as a member of the Board in accordance with section 1201(b) of the act (relating to Pennsylvania Gaming Control Board established).
Municipality—A city, borough, incorporated town or township.
Net terminal revenue—The net amount of the gross terminal revenue less the tax and assessments imposed by sections 1402, 1403, 1405 and 1407 of the act.
Nongaming employee—An employee of a slot machine licensee, manufacturer, manufacturer designee, supplier or gaming service provider who is not included within the definition of ‘‘principal,’’ ‘‘key employee’’ or ‘‘gaming employee,’’ and:
(i) Whose job duties require the employee to be:
(B) In a restricted area and the employee:
(ii) Who the Board determines, after a review of the work being performed, requires registration for the protection of the integrity of gaming.
Nonprimary location—A facility in which pari-mutuel wagering is conducted by a licensed racing entity other than the racetrack where live racing is conducted.
Occupation permit—A permit issued by the Board authorizing an individual to be employed or work as a gaming employee.
Offense—Felonies, crimes, high misdemeanors, misdemeanors, disorderly persons offenses, petty disorderly offenses, driving while intoxicated/impaired, motor vehicle offenses and violations of probation or any other court order.
On-the-record proceeding—A matter that comes before the Board or a presiding officer by way of application, complaint, petition, exception, appeal of staff decision, consent agreement or other proceeding for which a formal record is maintained and upon which the Board bases its order and adjudication.
Pending matter or contested on the record proceeding—
(ii) The term does not include a policy or administrative matter.
Permit fee—The amount of money required to be paid for issuance or renewal of any type of permit required by the Board.
Permittee—A holder of a permit issued under this part.
Person—A natural person, corporation, foundation, organization, business trust, estate, limited liability company, licensed corporation, trust, partnership, limited liability partnership, association or other form of legal business entity.
Presiding officer—
(ii) This definition supersedes 1 Pa. Code § 31.3 (relating to definitions).
Principal—Includes the following:
(vii) Other persons or employees of an applicant, slot machine licensee, manufacturer licensee or supplier licensee deemed to be a principal by the Board.
Publicly traded corporation—A person other than an individual which:
(iii) Is subject to the reporting obligations imposed by section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.A. § 78o(d)) by reason of having filed a registration statement which has become effective under the Securities Act of 1933 (15 U.S.C.A. § § 77a—77aa).
Race Horse Industry Reform Act—4 P. S. § § 325.101—325.402.
Registered gaming service provider—A gaming service provider that is registered with the Board.
Registered vendor—A vendor that is registered with the Board.
Regular or continuing basis—A vendor will be deemed to conduct business on a regular or continuing basis if:
(ii) The total dollar amount of transactions with slot machine licensees or applicants is or will be greater than $500,000 within any consecutive 12 month period.
Restricted area—An area where access is limited and is specifically designated by the Board as restricted, including:
(viii) Any additional area that the slot machine licensee designates as restricted in its Board-approved internal controls.
Revenue- or tourism-enhanced location—A location within this Commonwealth determined by the Board, which will maximize net revenue to the Commonwealth or enhance year-round recreational tourism within this Commonwealth, in comparison to other proposed facilities and is otherwise consistent with the act and its declared public policy purposes.
SEC—The Securities and Exchange Commission of the United States.
Secretary—Secretary to the Board.
Securities—As defined in the Pennsylvania Securities Act of 1972 (70 P. S. § § 1-101—1-703).
Slot machine—
(i) A mechanical or electrical contrivance, terminal, machine or other device approved by the Board which, upon insertion of a coin, bill, token, gaming voucher, coupon or similar object therein or upon payment of any consideration, including the use of electronic payment system except a credit card or debit card, is available to play or operate, the play or operation of which, whether by reason of skill or application of the element of chance, or both, may deliver or entitle the person playing or operating the contrivance, terminal, machine or other device to receive cash, billets, tokens, gaming vouchers or electronic credits to be exchanged for cash or to receive merchandise or anything of value, whether the payoff is made automatically from the machine or manually. A slot machine:
(ii) The term includes associated equipment necessary to conduct the operation of the contrivance, terminal, machine or other device.
Slot machine license—A license issued by the Board authorizing a person to place and operate slot machines under the act.
Slot machine licensee—A person that holds a slot machine license.
SLOTS Link—An electronic application system developed by the Board.
Staff—An employee or an independent expert, including but not limited to, attorneys, accountants, investment bankers, architects, engineers, scientific and technical consultants and licensed financial brokers retained by the Board.
State gaming receipts—Revenues and receipts required by the act to be paid into the State Gaming Fund, the Pennsylvania Race Horse Development Fund and the Pennsylvania Gaming Economic Development and Tourism Fund, and all rights, existing on July 5, 2004, or coming into existence after July 5, 2004, to receive any of those revenues and receipts.
State Treasurer—The State Treasurer of the Commonwealth.
Statement of Investigation—An order of the Board in response to a petition for an order regarding inquiry and investigation of a purchase of an eligible applicant or licensee which specifies the particular criterion satisfied by the purchaser, provides for the continuing obligation of the purchaser to provide information to the Board, is applicable only as to the purchase of a specific eligible applicant or licensee, and provides an expiration date not to exceed 6 months from the date of issuance unless otherwise extended by the Board.
Subsidiary—A person other than an individual. The term includes:
(iii) A person deemed to be a subsidiary by the Board.
Supplier—A person that sells, leases, offers or otherwise provides, distributes or services slot machines or associated equipment for use or play of slot machines in this Commonwealth at a licensed gaming facility.
Supplier license—A license issued by the Board authorizing a supplier to provide products or services related to slot machines or associated equipment to licensed gaming entities.
Supplier licensee—A person that holds a supplier license.
Trade secret—A private formula, pattern, device, cost study or compilation of information which is used in a business and which, if disclosed could negate an advantage over competitors who do not know or use it.
Underwriter—As defined in the Pennsylvania Securities Act of 1972.
The provisions of this § 401a.3 amended under 4 Pa.C.S. § § 1103, 1202(b)(30), 1202.1, 1207, 1209(b), 1213, 1308, 1311, 1311.1, 1311.2, 1317(c), 1317.1(c), 1317.2, 1321, 1322, 1326, 13A02(1)—(6), 13A25, 1406, 1516.1, 1518(a)(13) and Chapter 16.
The provisions of this § 401a.3 amended November 30, 2007, effective December 1, 2007, 37 Pa.B. 6265; amended October 10, 2008, effective October 11, 2008, 38 Pa.B. 5652; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 235; amended May 22, 2009, effective January 10, 2009, 39 Pa.B. 2588; amended July 10, 2009, effective July 11, 2009, 39 Pa.B. 3446; amended December 11, 2009, effective December 12, 2009, 39 Pa.B. 7010; amended August 20, 2010, effective August 21, 2010, 40 Pa.B. 4761; amended October 22, 2010, effective October 23, 2010, 40 Pa.B. 6083; corrected May 13, 2011, effective January 1, 2011, 41 Pa.B. 2439; amended May 13, 2011, effective May 14, 2011, 41 Pa.B. 2439; amended October 7, 2011, effective October 8, 2011, 41 Pa.B. 5368; corrected December 23, 2011, effective March 7, 2009, 41 Pa.B. 6881; amended May 11, 2012, effective May 12, 2012, 42 Pa.B. 2585; amended September 14, 2012, effective September 15, 2012, 42 Pa.B. 5857; amended February 1, 2012, effective February 2, 2012, 43 Pa.B. 660; amended July 19, 2013, effective July 20, 2013, 43 Pa.B. 4096. Immediately preceding text appears at serial pages (365619) to (365620), (362001) to (362006), (365621) to (365622), (363697) to (363698) and (365623).
This section cited in 58 Pa. Code § 427a.5 (relating to responsibilities of a manufacturer); 58 Pa. Code § 429a.5 (relating to responsibilities of a manufacturer designee); 58 Pa. Code § 431a.4 (relating to responsibilities of a supplier); 58 Pa. Code § 433a.4 (relating to interests in licenses held by entities); 58 Pa. Code § 437a.2 (relating to gaming service provider registration applications); 58 Pa. Code § 437a.7 (relating to registered, certified and authorized gaming service provider responsibilities); 58 Pa. Code § 441a.7 (relating to licensing hearings for slot machine licenses); 58 Pa. Code § 465a.1 (relating to accounting records); 58 Pa. Code § 465a.7 (relating to complimentary services or items); 58 Pa. Code § 808a.2 (relating to interactive gaming principals); 58 Pa. Code § 808a.3 (relating to interactive key employees); 58 Pa. Code § 808a.4 (relating to interactive gaming employees); 58 Pa. Code § 808a.5 (relating to interactive nongaming employees); 58 Pa. Code § 1302a.2 (relating to establishment principal and key employee qualification); 58 Pa. Code § 1403a.5 (relating to sports wagering manufacturer licensee responsibilities); 58 Pa. Code § 1404a.5 (relating to sports wagering supplier licensee responsibilities); 58 Pa. Code § 1405a.3 (relating to sports wagering gaming service provider registration applications); 58 Pa. Code § 1405a.4 (relating to qualification of individuals and entities of certified sports wagering gaming service providers); 58 Pa. Code § 1406a.2 (relating to sports wagering principals); 58 Pa. Code § 1406a.3 (relating to sports wagering key employees); 58 Pa. Code § 1406a.4 (relating to sports wagering gaming employees); and 58 Pa. Code § 1406a.5 (relating to sports wagering nongaming employees).