58 Pa. Code § 441a.13 - Board review of agreements and records of agreements

(a) An approved slot machine licensee shall receive Board approval prior to executing, relying upon or taking an action under the following:

(1) Corporate overhead assessment agreements, shared service agreements, centralized service agreements or an agreement under which an affiliate, intermediary, subsidiary or holding company of an approved slot machine licensee provides goods or services to the approved slot machine licensee.

(2) Agreements that provide for the management of all or part of the gaming operations of a licensed facility.

(3) Agreements under which a person's right to receive payment is based or contingent upon a licensee's earnings, profits or receipts from the slot machines, table games or associated equipment.

(4) Amendments to agreements described in paragraphs (1)-(3).

(b) If the Board finds that an agreement is not in the public interest or is inimical to the interest of gaming in this Commonwealth, the Board may deny approval, require the termination of the agreement, the divestiture of any person associated with the agreement, or may pursue any remedy or combination of remedies provided for in the act or this part. If the agreement or association is not promptly terminated in accordance with the Board's order, the Board may pursue any remedy or combination of remedies provided for in the act or this part.

(c) An agreement maintained or filed under § 441a.12 (relating to maintaining agreements; filing of agreements) or this section must include a provision for its termination without liability on the part of the slot machine licensee, or any party to the agreement or any related agreement, if the Board orders the termination of the agreement in accordance with subsection (b).

(d) Each agreement maintained or filed under § 441a.12 or this section must include a provision requiring that the person who has contracted with the slot machine licensee comply with the act and this part, including obtaining required licenses, permits, certifications and registrations.

Notes

58 Pa. Code § 441a.13

The provisions of this § 441a.13 amended May 14, 2010, effective 5/15/2010, 40 Pa.B. 2533; amended October 22, 2010, effective 10/23/2010, 40 Pa.B. 6083; amended July 19, 2013, effective 7/20/2013, 43 Pa.B. 4096.

The provisions of this § 441a.13 amended under 4 Pa.C.S. §§ 1102(8) and (9), 1103, 1202(b)(15) and (30), 1209(b), 1313, 1317(c), 1317.1(c), 1317.2, 1321 and 1326.