Pennsylvania Code
Title 58 - RECREATION
Part VII - GAMING CONTROL BOARD
Subpart L - Interactive Gaming
Chapter 802a - INTERACTIVE GAMING CERTIFICATES
Section 802a.2 - Interactive gaming certificate petition and standards
Universal Citation: 58 PA Code ยง 802a.2
Current through Register Vol. 54, No. 44, November 2, 2024
(a) A petitioner for an interactive gaming certificate shall submit all of the following to the Board:
(1) The name, business address and contact
information of the slot machine licensee applying for an interactive gaming
certificate.
(2) The name, business
address and contact information of any affiliate or other person that will be a
party to an agreement with the interactive gaming certificate petitioner
related to the operation of interactive gaming or an interactive gaming system
on behalf of the interactive gaming certificate petitioner, including a person
applying for an interactive gaming license.
(3) The name, business address, job title and
a photograph of each principal and key employee of the interactive gaming
certificate petitioner who will be involved in the conduct of interactive
gaming, whether or not the principal or key employee is currently licensed by
the Board.
(4) The name, business
address, job title and a photograph of each principal and key employee of the
interactive gaming operator, if any, who will conduct interactive gaming or an
interactive gaming system on behalf of the inter-active gaming certificate
petitioner, whether or not the principal or key employee is currently licensed
by the Board.
(5) A statement
identifying which categories of interactive games the interactive gaming
certificate petitioner intends to offer:
(i)
Peer-to-peer interactive games.
(ii) Non-peer-to-peer interactive games which
simulate slot machines.
(iii)
Non-peer-to-peer interactive games which simulate table games.
(6) An itemized list of the
interactive games, including identifying the category of each interactive game
for which authorization is being sought.
(7) The estimated number of full-time and
part-time employment positions that will be created as a result of interactive
gaming and the jurisdictions in which the positions will be located, including
positions at the interactive gaming certificate petitioner's licensed facility
or at any interactive gaming restricted area if an interactive gaming
certificate is issued, and an updated hiring plan under section 1510(a) of the
act (relating to labor hiring preferences) which outlines the interactive
gaming certificate petitioners plan to promote the representation of diverse
groups and Commonwealth residents in the employment positions.
(8) A brief description of the economic
benefits expected to be realized by the Commonwealth if an interactive gaming
certificate is issued.
(9) The
details of any financing obtained or that will be obtained to fund an expansion
or modification of the interactive gaming certificate petitioners licensed
facility to accommodate interactive gaming and to otherwise fund the cost of
commencing interactive gaming.
(10)
Information and documentation concerning financial background and resources, as
the Board may require, to establish by clear and convincing evidence the
financial stability, integrity and responsibility of the interactive gaming
certificate petitioner, and information or documentation concerning any person
that will operate interactive gaming or an interactive gaming system on behalf
of the interactive gaming certificate petitioner as an interactive gaming
operator, as the Board may require. The interactive gaming agreement with a
person is subject to the review and approval of the Board.
(11) Information and documentation, as the
Board may require, to establish by clear and convincing evidence that the
interactive gaming certificate petitioner has sufficient business ability and
experience to conduct a successful interactive gaming operation. In making this
determination, the Board may consider the results of the interactive gaming
certificate petitioner's slot machine and table game operations, including
financial information, employment data and capital investment.
(12) Information and documentation, as the
Board may require, to establish by clear and convincing evidence that the
interactive gaming certificate petitioner has or will have the financial
ability to pay the interactive gaming authorization fee.
(13) Detailed site plans identifying the
proposed interactive gaming restricted area where interactive gaming operations
will be managed, administered or controlled as approved by the Board.
(14) A detailed description of all of the
following:
(i) The interactive gaming
certificate petitioner's initial system of internal and accounting controls
applicable to interactive gaming.
(ii) The interactive gaming certificate
petitioner's proposed standards to protect, with a reasonable degree of
certainty, the privacy and security of its registered players.
(iii) How the interactive gaming certificate
petitioner will facilitate compliance with the requirements in this chapter and
section 802(a)(10)(B) of the Unlawful Internet Gambling Enforcement Act of 2006
(31 U.S.C.A. §
5362(10)(B)), including all
of the following:
(A) Age, identity and
location verification requirements.
(B) Appropriate data security standards to
prevent unauthorized access by a person whose age, identity or location have
not been verified or cannot be verified in accordance with this subpart and
applicable regulations of the Board.
(C) Except as provided in sections
13B61-13B63 of the act (relating to miscellaneous provisions), the requirement
that all wagers made in the conduct of interactive gaming be initiated and
received or otherwise made exclusively in this Commonwealth.
(D) The interactive gaming certificate
petitioner's proposed age, identity and location verification standards
designed to block access to persons under 21 years of age and other persons
excluded or prohibited from participating in interactive gaming under this
chapter.
(E) The procedures the
interactive gaming certificate petitioner will use to register individuals as
registered players.
(F) The
procedures the interactive gaming certificate petitioner will use to establish
interactive gaming accounts for registered players.
(G) The interactive games and services the
interactive gaming certificate petitioner proposes to offer to registered
players.
(H) Documentation and
information relating to known proposed contractors of the interactive gaming
certificate petitioner and subcontractors of the contractors.
(15) The interactive
gaming devices and associated equipment and interactive gaming system that the
interactive gaming certificate petitioner plans to or will utilize to manage,
administer or control its interactive gaming operations.
(16) Compliance certification of the
interactive gaming certificate petitioner's proposed interactive gaming devices
and associated equipment, including interactive gaming software and hardware,
by a Board-approved gaming laboratory to ensure that the gaming software and
hardware comply with this subpart and regulations of the Board.
(17) A detailed description of accounting
systems, including accounting systems for all the following:
(i) Interactive gaming accounts.
(ii) Per hand charges, if
applicable.
(iii) Transparency and
reporting to the Board and the Department.
(iv) Distribution of revenue to the
Commonwealth and winnings to registered players.
(v) Ongoing auditing and internal control
compliance reviews.
(18)
Detailed information on security systems to protect the interactive gaming
skins or interactive gaming web site from internal and external breaches and
threats.
(19) Any other information
the Board may require.
(b) In addition to the materials required under subsection (a), the petitioner for an interactive gaming certificate shall show, by clear and convincing evidence, all the following:
(1) The petitioner's proposed conduct of
interactive gaming complies in all respects with the requirements of this
subpart and the Board's regulations.
(2) Age, identity and location verification
requirements designed to block access to individuals under 21 years of age and
persons otherwise excluded or prohibited from engaging in interactive gaming in
accordance with this subpart, as approved by the Board, have been implemented
by the slot machine licensee.
(3)
The petitioner has implemented or will implement appropriate data security
standards to prevent unauthorized access by a person whose age, identity and
location has not been verified or cannot be verified in accordance with the
Board's regulations.
(4) The
petitioner has implemented or will implement appropriate standards to protect
the privacy and security of registered players with a reasonable degree of
certainty.
(5) The petitioner's
initial system of internal and accounting controls applicable to interactive
gaming, and the security and integrity of all financial transactions in
connection with the system, complies with this chapter and the Board's
regulations.
(6) The petitioner is
in good standing with the Board.
(7) The petitioner agrees that the number of
slot machines and table games in operation at its licensed facility as of
October 30, 2017, the effective date of 4 Pa.C.S. Part II (relating to the
Pennsylvania Race Horse Development and Gaming Act), will not be reduced as a
result of interactive gaming.
(c) In determining whether a petitioner is suitable to be issued an interactive gaming certificate under this subpart, the Board will consider all of the following:
(1)
The financial fitness, good character, honesty, integrity and responsibility of
the petitioner.
(2) If all
principals of the petitioner are eligible and suitable under the standards in
section 1311.1 of the act (relating to licensing of principals).
(3) The integrity of financial
backers.
(4) The suitability of the
petitioner and the principals of the petitioner based on the satisfactory
results of all of the following:
(i) The
background investigation of the principals.
(ii) A current tax clearance review performed
by the Department.
(iii) A current
Unemployment Compensation Tax clearance review and a Workers Compensation Tax
clearance review performed by the Department of Labor and Industry.
This section cited in 58 Pa. Code § 804a.2 (relating to qualified gaming entity petition requirements).
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