58 Pa. Code § 465a.19 - Acceptance of tips or gratuities from patrons
(a) Notwithstanding the requirements of
§
461a.8(n)
(relating to gaming vouchers), a key employee, box person, floorperson or any
other gaming employee who serves in a supervisory position is prohibited from
soliciting or accepting, and no other gaming employee may solicit, a tip or
gratuity from a patron of the slot machine licensee. The slot machine licensee
may not permit any practices prohibited by this section.
(b) The slot machine licensee shall submit
internal controls relating to the acceptance of tips or gratuities by dealers
at banking and nonbanking table games.
(c) Except as permitted under subsection (g),
all tips and gratuities received by dealers in a licensed facility shall be:
(1) Immediately deposited in a transparent
locked box reserved for tips and gratuities. If Roulette chips are received as
tips or gratuities at a Roulette table, the marker button indicating the
specific value of the Roulette chips may not be removed until after the dealer,
in the presence of a floorperson or above, has converted the Roulette chips
into value chips which shall then be immediately deposited in the transparent
locked box reserved for tips and gratuities.
(2) Collected and accounted for at least once
each gaming day.
(3) Placed in a
common pool for distribution pro rata among all dealers in accordance with
subsection (e).
(d) A
patron may identify a wager as a tip wager. A tip wager placed at the table
shall be played separately from the player's other wagers. A winning tip wager
shall be collected and deposited in the tip box after each round of play or
after a roll of the dice which decides the outcome of the wager. A winning tip
wager or part of a winning tip wager may not be wagered again. Upon receipt
from a patron of a tip or gratuity, a dealer shall extend his arm in an overt
motion, and deposit the tip or gratuity in the locked box reserved for tips and
gratuities.
(e) Tips and gratuities
placed in a common pool shall be distributed pro rata among the dealers in the
pool based upon the number of hours worked. In determining the number of hours
which an employee has worked for purposes of tip pool distribution, a slot
machine licensee may establish standards for distribution which include hours
of vacation time, personal leave time or any other authorized leave of absence
in the number of hours worked by each employee. These standards shall apply
uniformly to all employees, except that a slot machine licensee may establish
different standards for full-time or part-time employees.
(f) Any distribution of tips and gratuities
from a common tip pool under this section shall occur no more than once every 7
calendar days.
(g) Notwithstanding
the requirements in subsection (c), a certificate holder that offers:
(1) Nonbanking Poker may either:
(i) Establish a separate common pool for tips
and gratuities received by its Poker dealers.
(ii) Permit a Poker dealer to retain his own
tips and gratuities, in which case the tips and gratuities received by a Poker
dealer shall be deposited, in accordance with procedures in subsection (d), in
a transparent locked box assigned to the particular dealer. The box shall be
moved from table to table with the dealer.
(2) Gaming on electronic wagering terminals
may allow players to tip from the electronic wagering terminal provided that
the certificate holder specifies how the tips placed electronically will be
recorded, pooled and distributed in accordance with this section.
(h) When a slot machine licensee
elects to use the option in subsection (g)(1)(ii), at the end of the Poker
dealer's shift, the dealer shall take the transparent locked box assigned to
the dealer to a cage cashier. The cage cashier shall open the container and
count the tips and gratuities in the presence of the Poker dealer and record
the total amount of the tips and gratuities received by the dealer and either:
(1) Return the tips and gratuities to the
dealer.
(2) Retain all or a portion
of the tips and gratuities for inclusion in the dealer's paycheck.
(i) A certificate holder shall
specify how dealer tips and gratuities will be reported to the Internal Revenue
Service.
Notes
The provisions of this § 465a.19 amended under 4 Pa.C.S. §§ 1202(b)(30), 1207, 13A 02(1)-(6), 13A25, 13A62(a) and 1322.
This section cited in 58 Pa. Code § 461a.8 (relating to gaming vouchers).
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