58 Pa. Code § 437a.1 - General gaming service provider requirements
(a) Except as provided in §
437a.10 (relating to emergency
gaming service provider), a gaming service provider or person seeking to
conduct business with a slot machine applicant or licensee shall apply to the
Board for registration if:
(1) The total
dollar amount of the goods or services to be provided to a single slot machine
applicant or licensee or to multiple slot machine applicants or licensees will
be or is anticipated to be equal to or greater than $100,000 but less than or
equal to $500,000 within a consecutive 12-month period.
(2) The employees of the gaming service
provider or person seeking to conduct business with a slot machine applicant or
licensee will be working either:
(i) In a
restricted area of the licensed facility.
(ii) On the gaming floor unless all of the
following conditions are met:
(A) The
employees will be on the gaming floor for less than 24 hours within a 72-hour
period no more than once in any consecutive 3-month period.
(B) The employees sign-in with the security
department at the licensed facility and the Board's casino compliance
representatives prior to entering the gaming floor.
(C) The gaming service provider has received
written approval from the Bureau of Licensing for the gaming service provider's
employees to be on the gaming floor.
(b) Except as provided in §
437a.10, a gaming service provider
or person seeking to conduct business with a slot machine applicant or licensee
shall apply to the Board for certification if the total dollar amount of the
goods or services to be provided to a single slot machine applicant or licensee
or to multiple slot machine applicants or licensees will be or is anticipated
to be greater than $500,000 within a consecutive 12-month period.
(c) A person that provides goods or services
indirectly to a slot machine applicant or licensee through an intermediary,
holding company or affiliate of the slot machine applicant or licensee shall be
required to be registered or certified if the cost of the goods or services
provided to the slot machine applicant or licensee exceeds the monetary
thresholds in subsections (a) and (b).
(d) The following persons are exempt from the
gaming service provider registration and certification requirements of this
chapter:
(1) Public utilities which provide
one or more of the following services to a slot machine applicant or licensee:
(i) Water.
(ii) Sewerage.
(iii) Electricity.
(iv) Natural gas.
(2) Insurance companies providing insurance
to a slot machine applicant or licensee and its employees.
(3) Employee benefit and retirement plans
including incorporated 401K plans and employee stock purchase
programs.
(4) National, state or
local professional associations that receive funds from the slot machine
applicant or licensee for the cost of enrollment, activities and
membership.
(5) State, Federal and
municipal operated agencies.
(6)
Manufacturers and suppliers of liquor, wine and beer regulated by the Liquor
Control Board.
(7) State and
Federally chartered banks or savings and loan associations where funds are
deposited by slot machine licensees, notwithstanding those sources or
transactions provided to a slot machine licensee which require Board
approval.
(8) Providers of
professional services including accountants, attorneys, engineers and
architects, when acting in their respective professional capacities.
(9) Telecommunication service
providers.
(10) Shipping
services.
(11) Persons that engage
in efforts to influence legislative action or administrative action on behalf
of a principal for economic consideration.
(12) Schools regulated by the Department of
Education.
(13) Professional
entertainers, sports figures and other celebrities engaged by a slot machine
licensee to appear at a slot machine licensee-sponsored special entertainment
or promotional event.
(14)
Newspapers, television stations, radio stations and providers of simulcast
services that contract with slot machine applicants or licensees.
(15) Professional sports teams of Major
League Baseball, the National Hockey League, the National Football League and
the National Basketball Association.
(16) Any person not otherwise exempt under
this subsection that is licensed by a Federal or state agency if the agency's
licensing requirements are determined by the Bureau of Licensing to be
substantially similar to those of the Board.
(e) The Board may request information or
assurances from any person listed in subsection (d) to determine the validity
of the person's exempt status.
(f)
Subsection (d) does not relieve a slot machine applicant or licensee of
reporting obligations required under §§
441a.12 and
441a.14 (relating to maintaining
agreements; filing of agreements; and master purchasing and disbursement
report).
(g) Notwithstanding
subsections (a) and (b), a publicly traded corporation or subsidiary thereof
will not be required to be registered or certified as a gaming service provider
if the publicly traded corporation or subsidiary thereof submits a completed
Publicly Traded Gaming Service Provider Form to the Bureau of Licensing
accompanied by the filing fee posted on the Board's web site and is authorized.
A publicly traded corporation or subsidiary thereof that is authorized to
provide goods and services under this subsection shall be required to:
(1) Comply with §
437a.7 (relating to registered,
certified and authorized gaming service provider responsibilities).
(2) Immediately notify the Bureau of
Licensing if the publicly traded corporation or subsidiary thereof ceases to
meet the definition of a publicly traded corporation.
(h) A slot machine applicant or licensee
shall complete and submit to the Bureau of Licensing a Notification of Material
Gaming Service Provider Form prior to compensating a gaming service provider
$15,000 or more within a consecutive 12-month period. A slot machine applicant
or licensee will not be required to submit a Notification of Material Gaming
Service Provider Form to the Bureau of Licensing if either of the following
apply to the gaming service provider to be compensated:
(1) The gaming service provider is exempt
under subsection (d).
(2) The
gaming service provider is listed on the Board's authorized gaming service
provider list.
(i) A
gaming service provider of a slot machine applicant or licensee whose
compensation does not exceed the monetary thresholds contained in this section
or who is otherwise not required to be registered or certified under subsection
(d) or (g) may be required to be registered or certified if the Board
determines that registration or certification is necessary to protect the
integrity of gaming.
Notes
The provisions of this § 437a.1 amended under 4 Pa.C.S. §§ 1103, 1202(b)(9)-(23) and (30), 1205, 1206(f) and (g), 1207(1) and (2), 1208(1)(iii), 1209(b), 1212, 1213, 1317(c), 1317.1(c), 1317.2, 1321, 1326, 13A11, 13A12-13A14, 13A15 and 1802 and Chapter 13.
This section cited in 58 Pa. Code § 437a.6 (relating to registration and certification term and renewal); 58 Pa. Code § 437a.8 (relating to authorized gaming service providers list; prohibited gaming service providers); 58 Pa. Code 437a.9 (relating to permission to conduct business prior to certification or registration); 58 Pa. Code § 437a.11 (relating to slot machine applicants' and licensees' duty to investigate); 58 Pa. Code § 441a.12 (relating to maintaining agreements; filing of agreements); 58 Pa. Code § 807a.6 (relating to authorized gaming service providers list; prohibited gaming service providers); and 58 Pa. Code § 1405a.1 (relating to general sports wagering gaming service provider reqirements).
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