Current through Register Vol. 49, No. 9, September, 2024
11.010
Definitions.
As used in this Rule:
1. "Book" means a race book or sports pool
licensed and approved pursuant to these Rules.
2. Except as otherwise provided, "Commission"
means the Arkansas Racing Commission or the Commission's designee.
3. "Chip" means a non-metal or partly metal
representative of value issued by a licensee for use at table games or counter
games at the licensee's gaming establishment.
11.020
Approval of chips; applications
and procedures.
1. A licensee shall
not issue any chips for use in its gaming establishment, or redeem any such
chips, unless the chips have been approved in writing by the Commission. A
licensee shall not issue any chips for use in its gaming establishment, or
redeem any such chips, that are modifications of chips previously approved by
the Commission, unless the modifications have been approved in writing by the
Commission.
2. Applications for
approval of chips and modifications to previously-approved chips must be made,
processed, and determined in such manner and using such forms as the Commission
may prescribe. Only Casino licensees, or the manufacturer authorized by these
licensees to produce the chips, may apply for such approval. Each application
must include, in addition to such other items or information as the Commission
may require:
(a) An exact drawing, in color
or in black-and-white, of each side and the edge of the proposed chip, drawn to
actual size or drawn to larger than actual size and in scale, and showing the
measurements of the proposed chip in each dimension;
(b) Written specifications for the proposed
chips ;
(c) The name and address of
the manufacturer;
(d) The
licensee's intended use for the proposed chips ; and
(e) A verification upon oath or notarized
affirmation, executed by the chief operating officer of the chip manufacturer,
or a person with equivalent responsibilities, that it has a written system of
internal control, approved by the Commission, which describes in detail the
current administrative, accounting and security procedures which are utilized
in the manufacture, storage and shipment of the chips and related material. The
written system must include at a minimum, a detailed, narrative description of
the procedures and controls implemented to ensure the integrity and security of
the manufacturing process, from design through shipment, including but not
limited to those procedures and controls designed specifically to:
(1) Provide for the secure storage or
destruction of all pre-production prototypes, samples, production rejects and
other nonsalable product.
(2)
Provide security over the finished art work, hubs, plates, dies, molds, stamps
and other related items which are used in the manufacturing process.
(3) Prevent the unauthorized removal of
product from the production facility through the utilization of security
devices such as metal detectors, and surveillance cameras.
(4) Restrict access to raw materials,
work-in-process, and finished goods inventories to authorized
personnel.
(5) Establish procedures
for documenting approval of production runs.
(6) Establish and maintain a perpetual
inventory system which adequately documents the flow of materials through the
manufacturing process.
(7)
Establish procedures which reconcile the raw material used to the finished
product on a job-by-job basis. Significant variances are to be documented,
investigated by management personnel, and immediately reported to the
Commission and to the licensee who authorized the manufacturer to produce the
chips.
(8) Provide for quarterly
physical inventory counts to be performed by individual(s) independent of the
manufacturing process which are reconciled to the perpetual inventory records.
Significant variances are to be documented, investigated by management
personnel, and immediately reported to the Commission.
(9) Establish a framework of procedures which
provide for the security and accountability of products and materials sent to
or received from subcontractors or satellite production facilities.
(10) Document controls over the shipment of
finished product, and
(11) Provide
such other or additional information as the Commission may require.
The Commission may in writing approve variations from the
specific requirements of this Rule if in the opinion of the Commission the
alternative controls and procedures meet the objectives of this Rule.
3. If, after
receiving and reviewing the items and information described by this Rule, the
Commission is satisfied that the proposed chips and related information conform
to the requirements of this Rule, the Commission shall notify the licensee or
the manufacturer authorized by the licensee to produce the chips in writing and
shall request, and the licensee or the manufacturer shall provide a sample of
the proposed chips in final, manufactured form. If the Commission is satisfied
that the sample conforms with the requirements of this Rule and with the
information submitted with the licensee's application, the Commission shall
approve the proposed chips and notify the licensee in writing. As a condition
of approval of chips issued for use at the licensee's race book, sports pool,
or specific table or counter game, the Commission may prohibit the licensee
from using the chips other than at the book, pool, or specific game. The
Commission may retain the sample chips submitted pursuant to this
subsection.
11.030
Specifications for chips.
1.
Chips must be designed, manufactured, and constructed in compliance with all
applicable statutes, regulations, and policies of the United States, Arkansas,
and other states, and so as to prevent counterfeiting of the chips to the
extent reasonably possible. Chips must not deceptively resemble any current or
past coinage of the United States or any other nation.
2. In addition to such other specifications
as the Commission may approve:
(a) The name of
the issuing gaming establishment must be inscribed on each side of each chip,
and the city or other locality and the state where the establishment is located
must be inscribed on at least one side of each chip ;
(b) The value of the chip must be inscribed
on each side of each chip, other than chips used exclusively at
roulette;
(c) The manufacturer's
name or a distinctive logo or other mark identifying the manufacturer must be
inscribed on at least one side of each chip ; and
(d) Each chip must be designed so that when
stacked with chips of other denominations and viewed on closed-circuit,
black-and-white television, the denomination of the chip can be distinguished
from that of the other chips in the stack.
3. The names of the city or other locality
and the state where the establishment is located must be inscribed on at least
one side of each chip unless the Commission finds, after application by a
licensee, that such an inscription is not necessary because:
(a) The name of the issuing establishment is
unique to one readily identifiable establishment in all gaming jurisdictions;
or
(b) The inclusion of the city or
other locality and the state is not necessary or beneficial for any regulatory
purpose relating to the applicant.
4. Any application submitted pursuant to
subsection 3 must be signed by the chief executive officer of the applicant and
be on a form prescribed by the Commission.
5. Any approval by the Commission for the
deletion of such an inscription shall be in writing and be limited to that
period of time in which the name of the licensee is limited to one
establishment and conditioned so that it may be withdrawn in the future if the
Commission determines that the deletion results in confusion with the chips of
another establishment or if such inclusion is deemed necessary or beneficial
for any regulatory purpose.
6. A
copy of any approval or disapproval or other decision by the Commission
pursuant to the authority delegated in subsection 3 must be submitted to the
members of the Commission within 5 working days thereafter and may be relied on
by the applicant if within 20 working days after such submission:
(a) A member of the Commission does not
request a review by the entire Commission; or
(b) The Commission does not include the
matter on the next available Commission agenda.
7. In the event of such a request by a
Commission member, or such action by the Commission, the application or other
related issue(s) shall be considered and decided by the Commission upon the
recommendation of the Commission.
11.040
Specifications for
chips.
1. Unless the Commission
approves otherwise, chips must be disk-shaped, must be .130 inch thick, and
must have a diameter of:
(a) 1.55 inches, for
chips used at games other than baccarat;
(b) 1.55 inches or 1.6875 inches, for chips
used at baccarat; and
(c) 1.6875
inches, for chips used exclusively at race books and sports pools or other
counter games.
2. Each
side of each chip issued for use exclusively at a race book, sports pool, or
particular game must bear an inscription clearly indicating that use of the
chip is so restricted.
11.060
Use of chips
1. Chips are solely representatives of value
which evidence a debt owed to their custodian by the licensee that issued them
and are not the property of anyone other than that licensee.
2. A licensee that uses chips at its gaming
establishment shall:
(a) Comply with all
applicable statutes, regulations, and policies of Arkansas and of the United
States pertaining to chips;
(b)
Issue chips only to patrons of its gaming establishment and only at their
request;
(c) Promptly redeem its
own chip from its patrons by cash or check drawn on an account of the
licensee;
(d) Post conspicuous
signs at its establishment notifying patrons that state law prohibits the use
of the licensee's chips, outside the establishment for any monetary purpose
whatever, and that the chips issued by the licensee are the property of the
licensee, only; and
(e) Take
reasonable steps, including examining chips and segregating those issued by
other licensees to prevent the issuance to its patrons of chips issued by
another licensee.
3. A
licensee shall not accept chips as payment for any goods or services offered at
the licensee's gaming establishment with the exception of the specific use for
which the chips were issued or purchase of beverages on the Casino floor, and
shall not give chips as change in any other transaction.
4. A licensee shall not redeem its chips if
presented by a person who the licensee knows or reasonably should know is not a
patron of its gaming establishment, except that a licensee shall promptly
redeem its chips if presented by:
(a) Another
licensee who represents that it redeemed the chips from its patrons or received
them unknowingly, inadvertently, or unavoidably;
(b) An employee of the licensee who presents
the chips in the normal course of employment; or
(c) A person engaged in the business of
collecting from licensees chips issued by other licensees and presenting them
to the issuing licensees for redemption.
5. A licensee may redeem its chips if
presented by an agent of the Commission in the performance of the agent's
official duties or on behalf of another governmental agency.
6. A licensee shall not knowingly issue, use,
permit the use of, or redeem chips issued by another licensee, except as
follows:
(b) A licensee may redeem chips
issued by another licensee if:
(1) The chips
are presented by a patron for redemption at the cashier's cage of the
licensee's gaming establishment;
(2) The chips are presented by a patron at a
table game, and the licensee redeems the chips with chips of its own, places
the redeemed chips in the table's drop box, and separates and properly accounts
for the redeemed chips during the count performed pursuant to the licensee's
system of internal control submitted pursuant to Rules 6.050 or 6.060;
or
(3) The chips are presented by a
patron as payment on a race, pari-mutuel, or sports wager to a book located on
the premises of the licensee which issued the chips.
7. Chips whose use is restricted
to uses other than at table games or other than at specified table games may be
redeemed by the issuing licensee at table games or non-specified table games if
the chips are presented by a patron, and the licensee redeems the chips with
chips issued for use at the game, places the redeemed chips in the table's drop
box, and separates and properly accounts for the redeemed chips during the
count performed pursuant to the licensee's system of internal control required
by these Rules.
11.070
Redemption and disposal of discontinued chips.
1. A licensee that permanently removes from
use or replaces approved chips at its gaming establishment, or that ceases
operating its gaming establishment whether because of closure or sale of the
establishment or any other reason, must prepare a plan for redeeming
discontinued chips that remain outstanding at the time of discontinuance. The
licensee must submit the plan in writing to the Commission not later than 30
days before the proposed removal, replacement, sale, or closure, unless the
closure or other cause for discontinuance of the chips cannot reasonably be
anticipated, in which event the licensee must submit the plan as soon as
reasonably practicable. The Commission may approve the plan or require
reasonable modifications as a condition of approval. Upon approval of the plan,
the licensee shall implement the plan as approved.
2. In addition to such other reasonable
provisions as the Commission may approve or require, the plan must provide for:
(a) Redemption of outstanding, discontinued
chips in accordance with this Rule for at least 120 days after the removal or
replacement of the chips or for at least 120 days after operations cease, as
the case may be, or for such longer or shorter period as the Commission may for
good cause approve or require;
(b)
Redemption of the chips at the premises of the gaming establishment or at such
other location as the Commission may approve;
(c) The casino licensee shall publish in at
least one newspaper of general circulation and on the website of the licensee
any notice of the discontinuance of the chips and how the chips may be
redeemed;
(d) Conspicuous posting
of the notice described in paragraph (c) at the gaming establishment or other
redemption location; and
(e)
Destruction or such other disposition of the discontinued chips as the
Commission may approve or require.
11.080
Destruction of counterfeit
chips
1. As used in this section,
"counterfeit chips " means any chip -like objects that have not been approved
pursuant to this Rule, including objects commonly referred to as "slugs," but
not including coins of the United States or any other nation.
2. Unless a peace officer instructs or a
court of competent jurisdiction orders otherwise in a particular case,
licensees shall destroy or otherwise dispose of counterfeit chips discovered at
their establishments in such manner as the Commission may approve or
require.
3. Unless a peace officer
instructs or a court of competent jurisdiction orders otherwise in a particular
case, licensees may dispose of coins of the United States or any other nation
discovered to have been unlawfully used at their establishments by including
them in their coin inventories or, in the case of foreign coins, by exchanging
them for United States currency or coins and including same in their currency
or coin inventories, or by disposing of them in any other lawful
manner.
4. Each licensee shall
record, in addition to such other information as the Commission may require:
(a) The number and denominations, actual and
purported, of the coins and counterfeit chips destroyed or otherwise disposed
of pursuant to this section;
(b)
The month during which they were discovered;
(c) The date, place, and method of
destruction or other disposition, including, in the case of foreign coin
exchanges, the exchange rate and the identity of the bank, exchange company, or
other business or person at which or with whom the coins are exchanged;
and
(d) The names of the persons
carrying out the destruction or other disposition on behalf of the
licensee.
5. Each
licensee shall maintain each record required by this subsection for at least 5
years, unless the Commission approves or requires otherwise.
11.090
Promotional and
tournament chips
1. As used in this
section, "promotional chip" means a chip- -like object issued by a licensee for
use in promotions or tournaments at the licensee's gaming
establishment.
2. Promotional chips
must be designed, manufactured, approved, and used in accordance with the
provisions of this Rule applicable to chips, except as follows:
(a) Promotional chips must be of such shape
and size and have such other specifications as the Commission may approve or
require;
(b) Each side of each
promotional chip must conspicuously bear the inscription "No Cash
Value";
(c) Promotional chips must
not be used, and licensees shall not permit their use, in transactions other
than the promotions or tournaments for which they are issued; and
(d) The provisions of this Rule shall not
apply to promotional chips.
11.100
Other instrumentalities.
Other instrumentalities with which gaming is conducted must be designed,
manufactured, approved, used, discontinued, destroyed, or otherwise disposed of
in accordance with the provisions of this Rule applicable to chips, except as
follows:
1. Such other instrumentalities must
be of such shape, size, and design and have such other specifications as the
Commission may approve or require; and
2. The Commission, in the Commission's sole
and absolute discretion, may deny approval of instrumentalities other than
chips or may grant approval subject to such conditions as the Commission
considers appropriate.