Current through Register Vol. 54, No. 44, November 2, 2024
(a) In accordance
with section 1102(5) of the act (relating to legislative intent), a slot
machine license, management company license or principal license may not be
issued to or held by a person if the Board determines that the issuance or
holding will result in the undue concentration of economic opportunities and
control of the licensed gaming facilities in this Commonwealth by that
person.
(b) For purposes of this
section, "undue concentration of economic opportunities and control of the
licensed gaming facilities" means that a person:
(1) Would have actual or potential domination
of the gaming market in this Commonwealth contrary to the legislative
intent.
(2) Could substantially
impede or suppress competition among licensees.
(3) Could adversely impact the economic
stability of the gaming industry in this Commonwealth.
(c) In determining whether the issuance or
holding of a license by a person will result in undue concentration of economic
opportunities and control of the licensed gaming facilities in this
Commonwealth, the Board will consider the following criteria:
(1) The percentage share of the market
presently controlled by the person in each of the following categories:
(i) Total number of slot machine licenses
available under section 1307 of the act (relating to number of slot machine
licenses).
(ii) Total gaming floor
square footage.
(iii) Number of
slot machines and table games.
(iv)
Gross terminal and table game revenue.
(v) Net terminal and table game
revenue.
(vi) Number of persons
employed by the licensee.
(2) The estimated increase in the market
share in the categories in paragraph (1) if the person is issued or permitted
to hold the license.
(3) The
relative position of other persons who hold licenses, as evidenced by the
market share of each person in the categories in paragraph (1).
(4) The current and projected financial
condition of the industry.
(5)
Current market conditions, including level of competition, consumer demand,
market concentration, any consolidation trends in the industry and other
relevant characteristics of the market.
(6) Whether the gaming facilities held or to
be held by the person have separate organizational structures or other
independent obligations.
(7) The
potential impact of licensure on the projected future growth and development of
the gaming industry in this Commonwealth and the growth and development of the
host communities.
(8) The barriers
to entry into the gaming industry, including the licensure requirements of the
act, and whether the issuance or holding of a license by the person will
operate as a barrier to new companies and individuals desiring to enter the
market.
(9) Whether the issuance or
holding of the license by the person will adversely impact consumer interests,
or whether the issuance or holding is likely to result in enhancing the quality
and customer appeal of products and services offered by slot machine licensees
to maintain or increase their respective market shares.
(10) Whether a restriction on the issuance or
holding of an additional license by the person is necessary to encourage and
preserve competition and to prevent undue concentration of economic
opportunities and control of the licensed gaming facilities.
(11) Other evidence related to concentration
of economic opportunities and control of the licensed gaming facilities in this
Commonwealth.
The provisions of this § 421a.5 amended under
4
Pa.C.S. §§
1202(b)(9)-(23), 1205,
1206(f) and (g), 1207(1) and (2), 1208(1)(iii), 1209(b), 1212, 1213, 13A11,
13A12-13A14, 13A15 and 1802 and Chapter
13.
