Current through Register Vol. 43, No. 52, December 26, 2024
(a) Each facility
manager's internal control system shall include internal controls for the
acceptance of personal checks. The internal controls shall be submitted to and
approved by the commission according to K.A.R. 112-104-1. The internal controls
submitted by the facility manager shall include procedures for complying with
this regulation.
(b) Each personal
check accepted by a facility manager to enable a patron to take part in gaming
shall meet the following requirements:
(1) Be
drawn on a commercial bank, savings bank, saving and loan association, or
credit union located in the United States and be payable on demand;
(2) be drawn on an account listed in the name
of the patron presenting the check or on an account for which the patron is a
listed signatory;
(3) be drawn for
a specific amount;
(4) be made
payable to the facility manager; and
(5) be currently dated and not postdated.
(c) Each personal check
accepted under subsection (b) shall be presented by the patron drafting the
check directly to a gaming cashier. The gaming cashier shall do all of the
following:
(1) Restrictively endorse the
check "for deposit only" to the bank account designated by the facility
manager;
(3) date and time-stamp the check;
(4) verify that the signature of
the patron on the personal check and the patron's physical appearance agree
with information recorded in a patron signature file created and maintained by
the facility manager in accordance with subsection (d) or with the signature
and either the photograph or physical description contained on a
government-issued identification presented by the patron. The gaming cashier
shall document how the signature verification was performed in connection with
the acceptance of each personal check;
(5) for each personal check equaling or
exceeding $500.00, verify the validity of the check directly with the
commercial bank, savings bank, saving and loan association, or credit union
upon which the check is drawn or obtain an authorization and guarantee of the
check from a check verification and warranty service certified as a vendor by
the commission. The gaming cashier shall document how the check verification
was performed in connection with the acceptance of each personal check; and
(6) exchange the personal check
for cash in an amount equal to the amount for which the check is drawn.
(d) To record a
patron's signature in a patron signature file, a gaming cashier shall require
the person for whom the file is to be created to present for examination the
following:
(1) If the identity of the patron
is to be confirmed in accordance with paragraph (e)(1), one form of
identification; or
(2) if the
identity of the patron is to be confirmed in accordance with paragraph (e)(2),
two forms of identification, at least one of which shall contain a photograph
or a general physical description of the patron.
(e) Before a facility manager may use a
signature recorded in a patron signature file to verify the identity of a
patron or the validity of a signature on a document, the facility manager shall
confirm the identity of the patron by either of the following:
(1) Comparing the signature on the
identification presented by the patron under paragraph (d)(1) with the
signature obtained from the patron and verifying the address of the patron's
residence with a credit board or a commercial bank or, if neither of these
sources has the person's address on file or will not provide the information,
with an alternative source that does not include any documentation presented by
the patron at the cage; or
(2)
comparing the signature on each of two forms of the identification presented by
the patron under paragraph (d)(2) with the signature obtained from the patron
and comparing the photograph or general physical description contained on at
least one of the forms of identification with the patron's actual physical
appearance.
(f) Each
facility manager's internal control system shall include internal controls for
each patron signature file to be established and maintained by a facility
manager under subsection (d) and shall include the following, in addition to
the patron's signature:
(2) the patron's residential
address;
(3) the types of
identification examined under subsection (e) and an indication of whether the
identification contained a photograph or physical description of the patron,
including the date of birth, approximate height, approximate weight, hair
color, and eye color;
(4) the date
and time that the patron signature file was established;
(5) the procedure by which the identity of
the patron was confirmed under subsection (e), including one of the following:
(A) The source of confirmation, date, and
time if confirmed under paragraph (e)(1); or
(B) the date and time of confirmation if
confirmed under paragraph (e)(2); and
(6) the signature of the gaming cashier or
cage supervisor who examined the identification of the patron and established
the patron signature file. The signature shall evidence that the following
conditions are met:
(A) The signature of the
patron recorded in the patron signature file is consistent with the signature
on each form of identification that was examined; and
(B) the physical description recorded in the
patron signature file is consistent with both the actual appearance of the
patron and any photograph or physical description that may be contained on an
identification that was examined.
(g) Each check shall be required to be
deposited for collection by the next banking day following receipt.
(h) Each check returned for insufficient
funds or any other reason shall be documented on a returned check log
maintained by the accounting department and shall contain the following
information:
(1) The original date of the
check;
(2) the name and address of
the drawer of the check;
(3) the
amount of the check;
(5) the date the check was
dishonored; and
(6) the date and
amount of each collection received on the check after being returned by a
financial institution, if applicable.
(i) The amount of all personal checks that
remain uncollected shall be the responsibility of the facility manager and
shall not be used in any net EGM income calculations.
(j) The facility manager shall not accept
checks from any patron who has outstanding liabilities for any dishonored
checks.