(1) A gaming
licensee and gaming device vendor shall comply with and the commission adopts
and incorporates by reference Gaming Laboratories International, LLC
Standard GLI-11: Gaming Devices, version 3.0, released September 21,
2016, subject to the following amendments:
(a) Delete section 1.1.1 and replace with the
following: "The following sets forth the technical standards for electronic
gaming devices as identified in
205
CMR 144.01(2).
(b) Delete section 1.1.2.
(c) Delete section 1.2.
(d) Delete section 1.3.3 and replace with:
"This GLI technical standard is adopted in whole subject to the modifications
described in 205 CMR 143.01. The standard and modifications should at all times
be read in conjunction with 205 CMR and the standards referenced in section
1.4.1 so as to create a harmonious regulatory framework."
(e) Add the following after section 2.3.2:
"2.3.3 Game integrity. The gaming licensee shall develop and submit to the IEB
and the commission's gaming lab for approval a preventive maintenance program
for the care and upkeep of any such mechanical pieces or any physical moving
parts and/or any physical parts of any slot machine, or player interaction
devices, that may affect the outcome of any game to ensure the integrity of the
outcomes. The IEB may require any such part to be replaced."
(f) Delete the last sentence of section 3.6.1
and replace with: "If a cryptographic RNG is used, it shall comply with section
3.6.2."
(g) Delete section
4.6.6.
(h) Replace in section 4.8.1
"seventy-five percent (75%)" with "eighty percent (80%)".
(i) Add the following after the first
paragraph of section 4.8.1: "The calculation of minimum payout percentage
excludes the cash equivalent value of any merchandise or other thing of value
that cannot be converted into cash by the gaming licensee, but may include the
acquisition cost to the gaming licensee of the merchandise or other thing of
value. The calculation shall include the value of promotional gaming credit
(i.e.- "free play")."
(j) Add the following after the first
sentence in section 4.8.1(a): "If necessary to ensure the fairness of the game
to patrons, the Commission may require a gaming vendor to submit a device for
testing to determine whether it meets the requirements of section 4.8.1 when
using average or counter-optimal methods of play in addition to, or in lieu of,
an optimal method of play."
(k)
Replace in section 4.8.1(b) "75%" with "80%".
(l) Add the following after section 4.8.1(b):
"(c) Games of pure skill and/or games that do not utilize an RNG are not
required to achieve a minimum theoretical payout percentage."
(m) Delete section 4.16.1 and replace with
the following: "For games of chance, the gaming device shall cease play,
display an appropriate message, and require attendant intervention to resolve
player payment for the payment of winnings of $1200 or more from a single
game cycle. For a game with skill, the gaming
device shall cease play, display an appropriate message, and require attendant
intervention to resolve player payment for the payment of winnings of $1200 or
more from a single gaming session. In determining whether
winnings equal or exceed the $1,200 threshold, the amount of winnings shall not
be reduced by the amount wagered. It is permissible to provide a mechanism to
accrue taxable winnings to a separate meter, however, this meter must not
support any direct wagers. See also M.G.L. c. 62B, § 2,
26 CFR § 1.6041-10, and GLI-13, section 2.4.2."
(n) Add the following after the first
paragraph of section 4.20.1: "For purposes of independent testing in accordance
with
205 CMR 144.00, the gaming
device manufacturer shall determine in the first instance, subject to the
acceptance of the independent test laboratory, whether a gaming device
qualifies as a game with skill, a game of pure chance, or a
game of pure skill. Such determination shall be subject to review and
reclassification by the commission."
(o) Replace in section 4.20.3 "75%" with
"80%".
(p) Add the following to
section 5.4.1(k): "provided, however, no slot machine intended for use at a
gaming establishment in Massachusetts may accept debit cards, credit cards, or
government-issued electronic benefits transfer cards for purposes of purchasing
any form of gaming value;"
(q) Add
the following in Glossary of Key Terms in the definition of Player
Interaction Device after the term "camera systems": "smartphones,
keypads, gamepads, audio sensors, motion sensors, image sensors, image
displays, infrared emitters and detectors, accelerometers,".
(r) Delete section 4.4.1(v) and replace with
the following: "Signage indicating that a 'malfunction voids all pays' or some
equivalent verbiage shall be clearly displayed on the exterior of the slot
machine at all times. For purposes of 205 CMR, a malfunction shall be an event
in which a slot machine:
1. In some way
performs contrary to a rule or other language describing the performance or
payout of the game exhibited on the exterior display of the slot machine or
contained in the rules section of the slot machine; or
2. In some way performs contrary to the
manufacturer design or operational specifications; or
3. In some way performs contrary to the
requirements of 205 CMR including the specifications contained in the
certification for the slot machine issued in accordance with
205 CMR 144.00."
(2) For purposes of
M.G.L. c. 23K and 205 CMR the term slot machine as defined by M.G.L. c. 23K,
§ 2 shall not include automatic amusement devices as defined by M.G.L. c.
140, § 177A(2).
(3) For
purposes of M.G.L. c. 23K and 205 CMR a slot machine that has multiple gaming
positions, as defined by M.G.L. c. 23K, § 2, shall be considered a single
slot machine. Provided, however, a Category 2 licensee shall not have more than
1,500 gaming positions available for play at anyone time.
(4) All slot machines and other electronic
gaming devices shall be capable of providing the commission with a near
real-time stream of data, other than personally identifiable information, in
the communication format specified by the commission in
205 CMR 143.16(1)
directly from each slot machine or
electronic gaming device. Such data shall be provided for purposes of computing
and reconciling daily tax obligations as provided in 205 CMR, for purposes of
investigating patron disputes filed in accordance with
205 CMR
134.19: Disciplinary Action,
and for purposes of maintaining general oversight of a gaming establishment.
The commission is not obligated to monitor or review the data on an ongoing
basis. If communications between the slot machine and the commission's central
monitoring system fails, the slot machine shall not continue to operate unless
it records all required data from the applicable communication protocol since
losing the connection, up to seven days, and send the data directly to the
commission as soon as the connection is reestablished. If the connection is not
reestablished within 24 hours due to a problem stemming from the gaming
establishment's systems, then any slot machine affected shall cease operation
until the connection is reestablished.
