Current through Register Vol. 41, No. 3, September 23, 2024
A. Accounting records.
1. A facility operator shall maintain
complete, accurate, and legible records of all transactions pertaining to the
revenues and expenses of the facility.
2. General ledger records shall be maintained
on a double entry system of accounting with transactions recorded on a basis
consistent with generally accepted accounting principles in the United
States.
3. Subsidiary ledgers and
records supporting general ledger records shall be prepared in accordance with
generally accepted accounting principles in the United States.
4. Subsidiary ledgers and records shall
include, at a minimum, documents that:
a.
Support the financial statements and all transactions impacting the financial
statements including contracts or agreements with manufacturers, contractors,
and management companies;
b.
Pertain to proceeds including generation of, accounting for, and transmission
into the Gaming Proceeds Fund (§ 58.1-4125 of the Code of
Virginia);
c. Identify for each
casino game on a week-to-date, month-to-date, and year-to-date basis, the:
(1) Handle;
(2) Payout;
(3) Win amount;
(4) Win percentage; and
(5) Average payout percentage;
d. Identify all costs and expenses
associated with the operation of a facility;
e. Are prepared in compliance with the
internal controls approved by the department under this chapter; and
f. Relate to:
(1) Loans and other amounts payable by a
facility operator;
(2) Player
disputes including player complaint forms filed with the department under this
section;
(3) Negotiable instruments
accepted, deposited, returned as uncollected or ultimately written-off by a
facility operator under this chapter; and
(4) Investments in property and equipment for
the benefit of a facility.
B. Forms and documents.
1. A form or document required by this
chapter, including stored data, shall have:
a.
All information placed on the form or document recorded in ink or another
permanent form; and
b. The title of
the form or document and the name of the facility imprinted or preprinted on
it.
2. If under this
section multiple copies are required of a form or document, all copies shall
have the name of the recipient receiving the copy preprinted on the bottom of
the copy in order to differentiate between the copies.
3. If under this section a form or document
is required to be accounted for by series number or copies of a form or
document are required to be compared for agreement, the responsible department
shall report exceptions in writing to the facility's internal audit department
not later than two days after identification of the exception.
4. A facility operator may prepare more
copies of a form or document than required by this section.
C. Content of internal controls
1. A facility operator shall develop a
written description of its administrative and accounting procedures, including
the system of internal controls over casino gaming operations.
2. A facility operator's internal controls
are subject to review and approval by the department.
3. Internal controls shall, at a minimum,
include:
a. Administrative controls and
recordkeeping that document the authorization of transactions;
b. Accounting controls that provide
reasonable assurance that:
(1) Transactions or
financial events that occur in connection with the operation of a casino game
are:
(a) Executed in accordance with the
facility operator's authorization protocols;
(b) Recorded to permit preparation of
financial statements in conformance with generally accepted accounting
principles in the United States and the requirements of this chapter;
and
(c) Recorded to permit proper
and timely reporting and calculation of proceeds and to maintain accountability
for assets;
(2) Access to
assets is permitted only in accordance with the facility operator's
authorization protocols; and
(3)
The recorded accountability for assets is compared with existing assets at
reasonable intervals and appropriate action is taken with regard to a
discrepancy;
c.
Procedures and controls for ensuring:
(1) That
a slot machine accurately and timely communicates all required activities and
financial details to the:
(a) Department's
central monitor and control system; and
(b) Casino management system;
(2) That all functions, duties,
and responsibilities are segregated and performed in accordance with sound
financial practices by qualified personnel; and
(3) Through the use of a surveillance and a
security department, that the facility is secure at all times during normal
operation and during any emergency due to malfunctioning equipment, loss of
power, natural disaster, or any other cause;
(4) Access controls that address, at a
minimum, the:
(a) Content of, and
administrative responsibility over, the manual or computerized access control
matrix governing employee access to restricted areas;
(b) Issuance of a temporary access
credential; and
(c) Comprehensive
key controls;
(5) A
record retention policy in accordance with this chapter;
(6) Procedures and controls over the movement
of cash and the count room;
(7)
Procedures and standards for conducting internal audits; and
(8) Other procedures and controls the
department may require to be included in a facility operator's internal
controls.
4. A
facility operator shall make available a current edition of its
department-approved internal controls, in hard copy or through secure computer
access, to:
a. All mandatory departments
required under this section; and
b.
The department's onsite office.
5. A facility operator shall maintain, in
hard copy or electronic form, all superseded internal controls together with
the written representations required under this section for at least five years
after the date the internal controls were superseded.
D. Review of internal controls.
1. At least 60 days before casino gaming
operations are to commence, a facility operator shall submit its internal
controls to the department for review and written approval.
2. The internal controls shall be accompanied
by:
a. A certification by the facility
operator's facility general manager or chief legal officer that, to the best of
their knowledge, the submitted internal controls conform to the requirements of
the casino gaming law, this chapter, and any other law, regulation, or
condition of the department related to casino gaming;
b. A certification by the facility operator's
director of finance that the submitted internal controls:
(1) Establish a consistent overall system of
internal controls;
(2) Provide
reasonable assurance that financial reporting conforms to generally accepted
accounting principles in the United States; and
(3) Conform to the requirements of the casino
gaming law, this chapter, and any other law, regulation, or condition of the
department related to casino gaming; and
c. An opinion letter by an independent
certified public accountant expressing an opinion as to:
(1) The effectiveness of the design of the
submitted system of internal controls over financial reporting;
(2) Whether the submitted system of internal
controls conforms to the requirements of the casino gaming law, this chapter,
and any other law, regulation, or condition of the department related to casino
gaming; and
(3) If applicable,
whether a deviation from the requirements of the casino gaming law, this
chapter, or any other law, regulation, or condition of the department related
to casino gaming identified by the independent certified public accountant in
the course of its review of the submitted system of internal controls is
material.
3. A
facility operator may not commence operations until its internal controls are
approved in writing by the director.
4. If the director determines that a
submitted internal control is deficient, the:
a. Department shall provide the facility
operator with written notice of the deficiency; and
b. Facility operator shall revise the
internal control as appropriate and resubmit to the director for
review.
5. A facility
operator may not implement a change or amendment in its approved internal
controls without the prior written approval of the director.
6. A facility operator's initial internal
controls submission and a change or amendment to its approved internal controls
shall be reviewed and approved in accordance with a process and timeframe
developed and implemented by the department.
7. The process developed by the department
under subdivision 6 of this subsection shall, at a minimum, require the
facility operator to:
a. Submit a redlined
copy of any section of the approved internal controls to be changed or amended
with added text underlined and deleted text lined out;
b. Document on the redlined copy the date the
director approved the section to be changed or amended and the date the
revision was submitted to the director for review;
c. Submit a narrative explaining the reason
for the change or amendment that includes the facility operator's target date
for implementation;
d. Submit the
written representations required in subdivision 2 of this subsection with
regard to the proposed change or amendment;
e. Maintain a log of all changes or
amendments in approved internal controls that includes the initial approval
date and the effective date of any change or amendment approved by the
director; and
f. Mark each page of
approved internal controls with the date on which it was approved by the
director.
E.
Standard financial and statistical reports.
1.
The department may require a facility operator to submit daily, weekly,
monthly, quarterly, and annual reports of financial and statistical
data.
2. Reports required under
this chapter shall be in a form and submitted in accordance with a timeframe
specified by the department.
3.
Unless otherwise specified by the department, reports to the department shall
be signed by the:
a. Facility general manager
if the facility operator is a corporation;
b. General partner if the facility operator
is a partnership;
c. Manager if the
facility operator is a limited liability company;
d. Facility general manager or functional
equivalent if the facility operator is any other form of business association;
or
e. Owner if the facility
operator is a sole proprietorship.
4. A facility operator shall submit a report
to the department on the due date specified by the department unless an
extension has been approved in writing by the director.
5. The department, on written notice to a
facility operator, may require an interim report to be submitted in a form and
in accordance with a timeframe specified by the director.
F. Annual audit and other regulatory reports.
1. A facility operator shall cause its annual
financial statements to be audited in accordance with generally accepted
auditing standards by an independent certified public accountant.
2. The annual financial statements shall be
prepared on a comparative basis for the current and prior fiscal year and
present financial position and results of operations in conformity with
generally accepted accounting principles in the United States.
3. The audited financial statements shall
include a footnote reconciling and explaining any difference between the
financial statements included in any report submitted to the department under
subsection E of this section and the audited financial statements.
4. A facility operator shall with regard to
adjustments resulting from the annual audit:
a. Disclose to the department all adjustments
whether or not recorded in the accounting records; and
b. Record the adjustment in the accounting
records of the year to which the adjustment relates.
5. No later than 90 days after the end of its
fiscal year, a facility operator shall submit to the department:
a. A copy of its audited financial
statements; and
b. Any management
letter or report prepared with regard to the financial statements by its
independent certified public accountant.
6. A facility operator shall require the
independent certified public accountant auditing its financial statements or
other qualified entity approved by the department to render the following
additional reports:
a. A report identifying:
(1) Material weaknesses or significant
deficiencies in the facility operator's department-approved internal controls
noted in the course of the examination of the financial statements;
and
(2) Recommendations as to how
to eliminate each material weakness or significant deficiency identified;
and
b. A report assessing
the adequacy and effectiveness of the facility operator's information
technology security controls and system configurations with recommendations as
to how to eliminate each material weakness or significant deficiency
identified.
7. A facility
operator shall prepare a written response to the reports required by
subdivision 6 of this subsection that includes details as to any corrective
action taken.
8. No later than 120
days after the end of its fiscal year, a facility operator shall submit to the
department a copy of:
a. The reports required
under subdivision 6 of this subsection;
b. The response required under subdivision 7
of this subsection; and
c. Any
other report on internal controls or other matters relative to its accounting
or operating procedures rendered by its independent certified public
accountant.
9. If a
facility operator or any of its affiliates are publicly held, the facility
operator shall submit to the department a copy of:
a. Any report required to be filed with the
Securities and Exchange Department.
b. Any other report required to be filed with
a domestic or foreign securities regulatory agency.
10. A report required to be filed under
subdivision 9 of this subsection shall be submitted to the department no later
than 10 days after the date of filing with the applicable agency.
11. A facility operator shall submit a
written report to the department if an independent certified public accountant
who is engaged as the principal accountant to audit its financial statements:
a. Resigns;
b. Is dismissed as the facility operator's
principal accountant; or
c. Is
replaced by another independent certified public accountant as principal
accountant.
12. A report
required to be filed under subdivision 11 of this subsection shall include:
a. The date of the resignation, dismissal, or
new engagement;
b. Whether in
connection with the audits of the two most recent years preceding a
resignation, dismissal, or new engagement there were any disagreements,
resolved or unresolved, with the former accountant on:
(1) Accounting principles or
practices;
(2) Financial statement
disclosure; or
(3) Auditing scope
or procedure;
c. The
nature of any disagreement disclosed in subdivision 12 b of this
subsection;
d. Whether the
principal accountant's report on the financial statements for either of the
past two years contained an adverse opinion or disclaimer of opinion or was
qualified;
e. The nature of any
adverse opinion, disclaimer of opinion, or qualification; and
f. A letter from the former principal
accountant addressed to the director stating whether the principal accountant
concurs with the statements made by the facility operator in the report to the
department submitted under this subsection.
13. A report required to be filed under
subdivision 11 of this subsection shall be submitted to the department no later
than 10 days after the end of the month in which the resignation, dismissal, or
new engagement occurred.
14. No
later than seven days after the date of filing with the applicable agency, a
facility operator shall file with the department a copy of each Suspicious
Activity Report-Casino filed under 31 CFR § 103.21.
15. A facility operator or a director,
officer, employee, or agent of a facility operator who reports suspicious
activity under 31 CFR § 103.21 may not notify an individual involved in
the suspicious activity that the suspicious activity has been
reported.
16. No later than seven
days after the date of filing with the applicable agency, a facility operator
shall file with the department a copy of each Currency Transaction Report by
Casino filed under 31 CFR § 103.22.
17. At least 30 days before casino gaming
operations are to commence, a facility operator shall submit to the department
a copy of its compliance program required under 31 CFR § 103.64.
18. On or before its effective date, a
facility operator shall submit to the department any change or amendment to its
compliance program required under 31 CFR § 103.64.
G. Record retention.
1. All original books and records shall be:
a. Prepared and maintained in a complete,
accurate, and legible form;
b.
Stored in a format that ensures readability, regardless of whether the
technology or software that created or maintains it has become
obsolete;
c. Retained in a secure
location equipped with a fire notification system:
(1) At the facility; or
(2) An off-site location approved by the
department for the express purpose of document storage;
d. Kept immediately available for inspection
by the department during all hours of operation;
e. Organized and indexed in a manner designed
to provide immediate accessibility to the department; and
f. Destroyed only after expiration of the
minimum retention period required under this section.
2. The department may, on submission of a
written request or alternate record retention schedule by a facility operator,
authorize destruction prior to the expiration of the minimum retention period
required by this chapter.
3. Unless
a request for destruction or alternate record retention schedule is submitted
in writing and approved in writing by the department, a facility operator shall
retain indefinitely original books and records documenting:
a. Ownership of the facility;
b. Internally initiated investigations and
due diligence;
c. Personnel
matters;
d. Signature cards of
current employees; and
e.
Destruction of documents including:
(1) The
identity of the document;
(2)
Period of retention; and
(3) Date
of destruction.
4. Unless a request for destruction or
alternate record retention schedule is submitted in writing and approved in
writing by the department, a facility operator shall retain for a minimum of
five years all original books and records not:
a. Identified for indefinite retention under
subdivision 3 of this subsection; or
b. Subject to an exemption under subdivision
5 of this subsection.
5.
Exceptions. The following exceptions apply to the retention period in
subdivision 3 of this subsection:
a. A minimum
retention period of four years shall apply to documentation pertaining to
cashiers' cage transactions;
b. A
minimum retention period of three years shall apply to:
(1) Signature cards of terminated
employees;
(2) Insurance records
relating to claims by players;
(3)
Surveillance and security department:
(a)
Employee duty logs;
(b) Visitor
logs;
(c) Incident logs;
(d) Recording logs; and
(e) Equipment malfunction reports;
and
(4) Documentation
pertaining to gaming tickets or promotional play instruments reported to the
department as possibly counterfeit, altered, or tampered with;
c. A minimum retention period of
30 days shall apply to:
(1) Canceled
promotional play instruments for which all reconciliations required by the
facility operator's approved internal controls have been conducted and
resolved;
(2) Voided gaming
tickets; and
(3) Gaming tickets
redeemed at a location other than a casino gaming machine or ticket redemption
unit; and
d. A minimum
retention period of seven days shall apply to gaming tickets redeemed at a
casino gaming machine or ticket redemption unit.
6. On submission of a written request by the
facility operator, the department may approve a location outside the facility
to store original books and records.
7. A facility operator requesting to store
original books and records outside the facility shall submit to the department:
a. A description of the proposed location,
including details with regard to security and fire notification
systems;
b. Details with regard to
the ownership of the proposed storage facility; and
c. Procedures for department access to
original books and records retained at the proposed location.
8. A facility operator may not
store books and records outside the facility without the prior written approval
of the director.
9. On submission
of a written request by a facility operator, the department may approve a
microfilm, microfiche, or other suitable media system for the copying and
storage of original books and records.
10. A facility operator submitting a system
for the copying and storage of original books and records shall demonstrate to
the satisfaction of the director that the:
a.
Processing, preservation, and maintenance methods to be utilized will make
books and records readily available for review and reproduction;
b. Inspection and quality control methods to
be utilized will ensure that when books and records are viewed or reproduced
they will exhibit a high degree of legibility and readability;
c. Equipment necessary to readily locate,
read, and reproduce books and records is available to the department at the
facility or approved off-site storage location; and
d. Detailed index of all microfilmed,
microfiched, or other stored data maintained and arranged to facilitate the
immediate location of particular books and records is available to the
department at the facility or approved off-site storage
location.
11. A facility
operator may not utilize a microfilm, microfiche, or other suitable media
system for the copying and storage of original books and records without the
prior written approval of the department.
12. A facility operator may utilize the
services of a contractor for the destruction of books and records permitted to
be destroyed under this section.
13. Nothing in this section shall be
construed as relieving a facility operator of any obligation to prepare or
maintain books and records required by any other federal, state, or local
governmental entity.
H.
Table of organization.
1. For the purposes of
this subsection, the title used to describe a department head is intended to
indicate responsibility for the functions of the enumerated department and does
not obligate the facility operator to use that particular title.
2. Subject to the requirements of this
subsection, a facility operator shall tailor its table of organization to meet
its needs and policies.
3. At least
30 days before casino game operations begin, a facility operator shall submit
to the department for review and written approval a table of organization
depicting all direct and indirect reporting lines for:
a. The facility general manager required by
this subsection;
b. Mandatory
departments required by this subsection; and
c. The cashiers' cage manager required by
this subsection.
4. A
facility operator may not commence operations until the table of organization
submitted under subsection is approved in writing by the director.
5. A facility operator's table of
organization shall include:
a. A system of
personnel and chain of command that permits management and supervisory
personnel to be held accountable for actions or omissions within their areas of
responsibility;
b. The segregation
of incompatible functions, duties, and responsibilities so that no individual
is in a position to both:
(1) Commit an error
or to perpetrate a fraud; and
(2)
Conceal the error or fraud in the normal course of the individual's
duties;
c. All functions,
duties, and responsibilities of qualified personnel;
d. Areas of responsibility that are not so
extensive as to be impractical for one individual to monitor;
e. A facility general manager; and
f. The following mandatory departments and
supervisors:
(1) A surveillance department
supervised by a director of surveillance who is:
(a) Based for employment purposes at the
facility;
(b) Subject to the
reporting requirements of this section;
(c) The holder of a supplier permit as a key
manager; and
(d) Responsible for
the surveillance of all aspects of casino game operations;
(2) An internal audit department supervised
by a director of internal audit who is:
(a)
Responsible for managing the internal audit function and internal audit
employees based at the facility;
(b) Subject to the reporting requirements of
section;
(c) The holder of a
supplier permit as a key manager; and
(d) Responsible for assessing compliance with
approved internal controls, applicable laws and regulations, the reliability of
financial reporting, deterring and investigating fraud, and the safeguarding of
assets;
(3) An
information technology department supervised by a director of information
technology who is:
(a) Based for employment
purposes at the facility;
(b) The
holder of a supplier permit as a key manager; and
(c) Responsible for the quality, reliability,
accuracy, and security of all casino and casino management systems and
associated equipment and software utilized by the facility operator regardless
of whether the data, software, or systems are located in or outside the
facility;
(4) A security
department supervised by a director of security who is:
(a) Based for employment purposes at the
facility;
(b) The holder of a
supplier permit as a key manager; and
(c) Responsible for the overall security of
the facility;
(5) An
accounting department supervised by a director of finance who is:
(a) Based for employment purposes at the
facility;
(b) The holder of a
supplier permit as a key manager; and
(c) Responsible for all accounting and
finance functions, including the control and supervision of cashiers' cage,
satellite cages, and count room; and
(6) A gaming operations department supervised
by a director of gaming operations who is:
(a)
Based for employment purposes at the facility;
(b) The holder of a supplier permit as a key
manager; and
(c) Responsible for
the operation and conduct of casino games.
6. Nothing in this section shall
preclude a facility operator from establishing a casino games department
supervised by a director of casino gaming machine operations and a director of
table games operations.
7. The
director of surveillance and the director of internal audit required by this
subsection shall be independent of the facility general manager regarding
matters of policy, purpose, responsibility, and authority and shall report to
an:
a. Individual based for employment
purposes at the facility with no incompatible functions; or
b. Audit committee of:
(1) The facility operator; or
(2) A department-authorized licensed
affiliate of the facility operator.
8. The individual or audit committee to whom
the director of surveillance and the director of internal audit report under
subdivision 7 of this subsection shall also control the hiring, termination,
and salary of those directors.
9.
The director of surveillance and the director of internal audit may report to
the facility general manager with regard to daily operations.
10. Mandatory departments and the supervisors
over them shall cooperate with, yet perform independently of, all other
mandatory departments and supervisory positions.
11. A facility operator may designate more
than one individual to serve jointly as the director of a mandatory department
required by this section.
12. A
joint director of a mandatory department under subdivision 11 of this
subsection shall be:
a. Based for employment
purposes at the facility; and
b.
Individually and jointly accountable and responsible for the operation of the
department.
13. A
department that is not mandatory may operate under, or in conjunction with, a
mandatory department where the table of organization is consistent with the
requirements of this section.
14. A
facility operator's cashiers' cage manager shall hold a supplier's permit as a
key manager.
15. Unless another key
manager required by this section is present at the facility, on any shift for
which the cashiers' cage manager is not present in the facility, the cashiers'
cage shift manager responsible for the cashiers' cage shall hold a supplier's
permit as a key manager.
16. A
facility operator may not implement a change in the table of organization
approved by the department without the prior written approval of the
department.
17. A facility operator
shall ensure that an individual employed at the facility is trained in the
policies, procedures, and internal controls relevant to the individual's
function.
18. If there is a vacancy
in the facility general manager position or any mandatory department director
position required by this subsection, the following shall apply:
a. No later than five days after the date of
a vacancy, a facility operator shall notify the department in writing of:
(1) The vacant position;
(2) The date on which the position will
become or became vacant; and
(3)
The date on which the facility operator anticipates that the vacancy will be
filled on a permanent basis;
b. No later than 30 days after the date of a
vacancy, a facility operator shall fill the vacant position on a temporary
basis;
c. No later than 120 days
after the original date of the vacancy, a facility operator shall fill the
vacant position on a permanent basis; and
d. No later than five days after filling a
vacancy, a facility operator shall notify the department in writing of:
(1) The vacant position filled;
(2) The name of the individual designated to
fill the position;
(3) The date
that the vacancy was filled; and
(4) Whether the vacancy has been filled on a
temporary or permanent basis.
I. Surveillance system design standards.
1. A facility operator shall install in its
facility a surveillance system that complies with the requirements of this
subsection and is reviewed and approved by the department.
2. A facility operator's surveillance system
shall include:
a. Light sensitive cameras
enabled by:
(1) Lenses of sufficient
magnification to read a casino gaming machine's reel strip and credit
meter;
(2) Lighting that is
continuous and of sufficient quality to produce clear video recordings and
still pictures; and
(3) 360-degree
pan, tilt, and zoom capability, without camera stops, configured to
clandestinely monitor and record:
(a) Play and
transactions conducted at casino games;
(b) Transactions conducted in the cashiers'
cage and any satellite cage, including the face of each individual transacting
business with a cashier;
(c)
Transactions conducted at ticket redemption units, automated jackpot payout
machines, and automated teller machines;
(d) Activity in the count room;
(e) Movement of cash and cash storage boxes
within the facility;
(f) Entrances
and exits to the facility and the gaming floor;
(g) Activities in all other restricted areas;
and
(h) Other areas and events
designated by the director;
b. A monitor room located in the facility:
(1) Staffed by employees of the facility
operator's surveillance department 24 hours per day; and
(2) Equipped with:
(a) A communication system capable of
monitoring all security department communications;
(b) Connections, direct or through a
documented communication protocol with the security department, to all facility
alarm systems;
(c) A surveillance
failure notification system that provides an audible, as well as a visual,
notification of any failure in the surveillance system or the digital video
recording media storage system;
(d)
An emergency power system, tested by the facility operator in the presence of
the department at least once a year, that can be used to operate the
surveillance system in the event of a power failure;
(e) Computer terminals permitting event
notification to, and read only access by authorized surveillance department
employees to, the casino management system;
(f) An updated photo library, consisting of
photographs that are no more than five years old, of all current employees of
the facility;
(g) A copy of the
facility operator's gaming floor plan;
(h) A copy of the procedures addressing the
evacuation of the facility in the event of fire or other emergency;
and
(i) Copies of the surveillance
system contingency plans;
c. Digital video recording capability
equipped to:
(1) Superimpose the date and time
on all monitoring and recording;
(2) Identify and locate, through the use of a
meter, counter, or other device or method, a particular event that was
recorded;
(3) Identify on video
recording disks or other storage media the type of media player and software
prerequisite to viewing the digital images; and
(4) Be authenticated through use of an
embedded video verification encryption code or watermark;
d. Audio recording capability in the count
room that is installed and disclosed to employees of the facility;
and
e. An access system that:
(1) Controls:
(a) Physical and logical access to the
surveillance system; and
(b)
Physical access to the surveillance monitor room; and
(2) Restricts access to the security
administration capabilities of the system.
3. A facility operator shall configure its
surveillance system to record all areas and transactions required by
subdivision 2 a (3) of this subsection to no less than the minimum
specifications required by the department.
4. With the approval of the department, a
facility operator may configure its surveillance system to record activity in
areas of the facility not covered by subdivision 2 a (3) of this subsection at
lower specifications than that required by subdivision 3 of this
subsection.
5. Except as provided
in subdivision 6 of this subsection, a facility operator shall retain
surveillance recordings:
a. For a minimum of
14 days for transactions or event in the areas covered by subdivision 3 of this
subsection.
b. For a minimum of
seven days for transactions or events in the areas covered by subdivision 4 of
this subsection; and
6.
Upon the request of the department or a law enforcement agency that has proper
jurisdiction over the facility, a recording shall be retained and stored in
accordance with the directives of the department or law enforcement agency
pertaining to that recording.
7.
Except as provided in this subsection, the surveillance system shall be under
the exclusive control of the facility operator's surveillance
department.
8. A facility operator
shall provide the department with timely and unfettered access to its
surveillance monitor room, surveillance system, and all
transmissions.
9. A facility
operator shall timely comply with a request from the department to:
a. Use, as necessary, any monitor room in the
facility;
b. Display on the
monitors in its monitor room or in the department's onsite monitor room any
event capable of being captured by the surveillance system;
c. Relinquish control of a camera or
monitor;
d. Discontinue monitoring
a particular camera or recording activity captured by it;
e. Make a video recording or photograph of
any event capable of being captured by the surveillance system; and
f. Restrict or deny access to a recording or
photograph.
10. A
surveillance system may not be remotely accessed from a location outside the
surveillance monitor room without the prior written approval of the
department.
11. An entrance to a
surveillance monitor room may not be visible from the gaming floor.
J. Surveillance department
operating procedures
1. At least 60 days
before casino gaming operations commence, a facility operator shall submit to
the department for review and written approval:
a. A surveillance system meeting the
requirements of subsection J of this section, at a minimum, details pertaining
to:
(1) Camera configuration inside and
outside the facility;
(2) Monitor
room configuration;
(3) Video
recording format and configuration specifications;
(4) Authentication of digital recordings,
including department access to the system's video verification encryption code
or watermark;
(5) Audio recording
format; and
(6) System access
controls; and
b.
Surveillance department operating procedures conforming to this
section.
2. A facility
operator may not commence operations until its surveillance system and
surveillance department operating procedures are approved in writing by the
department.
3. A facility
operator's surveillance department operating procedures shall, at a minimum,
require:
a. Coverage of all areas and
transactions enumerated in subsection J of this section;
b. Contingency plans addressing:
(1) Full and partial failure of the
surveillance system including:
(a) A contact
list with telephone numbers for individuals required to be notified in the
event of a failure; and
(b)
Facility closure protocols; and
(2) Planned shutdown of the surveillance
system;
c. A surveillance
incident log:
(1) Maintained by monitor room
employees in:
(a) A book with bound numbered
pages that cannot be readily removed; or
(b) An electronic format equipped with
software designed to provide evidentiary and leadership access controls on
modification of an entry after it has been entered into the system;
and
(2) Documenting the
scheduled coverage in subdivision 3 of this subsection and all other nonroutine
surveillance activity, including:
(a) Date and
time surveillance is commenced;
(b)
Name and department identification license or permit number of the individual
initiating, performing, or supervising the surveillance;
(c) Reason for the surveillance;
(d) Whether the suspicious activity involves
an alleged regulatory violation or criminal activity;
(e) Name, if known, alias, or description of
an individual being monitored;
(f)
Description of the activity in which the individual being monitored is
engaged;
(g) Reading on a meter,
counter, or device that identifies the point on the video recording at which
the event was recorded;
(h) Time at
which a video recording is commenced and terminated if different than when
surveillance is commenced or terminated;
(i) Date and time surveillance is
terminated;
(j) Summary of the
results of the surveillance; and
(k) Description of the time, date, and cause
of any equipment or camera malfunction that occurred during the conduct of
surveillance;
d. A surveillance room entry log:
(1) To be signed by an individual entering
the surveillance monitor room who is not a surveillance department employee
assigned to the monitor room's work shift at the time of entry;
(2) Maintained by monitor room employees in:
(a) A book with bound numbered pages that
cannot be readily removed; or
(b)
An electronic format equipped with software that prevents modification of an
entry after it has been initially entered into the system; and
(3) Documenting the:
(a) Date and time of entering the monitor
room;
(b) Entering individual's
name and department or affiliation;
(c) Reason for entering the monitor
room;
(d) Name of the individual
authorizing the individual's entry into the monitor room; and
(e) Date and time of exiting the monitor
room;
e. That
surveillance monitor room employees notify:
(1) Security department supervisory personnel
within five minutes of an incident of equipment failure affecting coverage of
the facility; and
(2) The
department within 30 minutes of an incident of equipment failure affecting
coverage of the facility citing:
(a) Date and
time;
(b) Cause of the malfunction;
and
(c) Time the facility
operator's security department was notified of the
malfunction;
f.
That the facility operator confirms in writing a notice given verbally to the
department under subdivision 3 e of this subsection; and
g. That, on a daily basis, the facility
operator synchronizes the date and time on the surveillance system to the date
and time on the central monitor and control system and the casino management
system.
4. A facility
operator may not implement a change or amendment in its surveillance system or
surveillance department operating procedures approved by the department without
the prior written approval of the department.
5. Surveillance department employees shall be
reasonably segregated and independent of all other departments at the
facility.
6. A surveillance
department employee may not transfer to any other department in the facility
without the prior written approval of the department.
K. Surveillance department minimum staffing.
1. At least 60 days before casino gaming
operations are to commence, a facility operator shall submit its surveillance
department minimum staffing plan to the department for review and written
approval.
2. A facility operator
may not commence operations until its surveillance department minimum staffing
plan is approved in writing by the department.
3. A surveillance department minimum staffing
plan shall assess, on a per-shift basis, the minimum number of on duty
surveillance department employees necessary to:
a. Provide adequate and effective
surveillance of all activities in and outside the facility;
b. Ensure the physical safety of employees of
and invitees to the facility;
c.
Comply with all applicable laws, regulations, and directives of the department
and director, including department-approved internal controls and operating
procedures;
d. Monitor the facility
to ensure that the following individuals are identified, prohibited from
entering the facility, and, if necessary, immediately removed from the
facility:
(1) An intoxicated
individual;
(2) An individual who
is mandatorily excluded; and
(3) An
individual who is voluntarily excluded;
e. Monitor the gaming floor to ensure that an
individual younger than 21 years of age is identified, prohibited from
accessing the gaming floor, and, if necessary, immediately removed from the
gaming floor; and
f. Monitor the
facility to identify potential victims of human trafficking and respond
appropriately.
4. A
facility operator's proposed surveillance department minimum staffing plan
shall consider:
a. Square footage and layout
of the facility;
b. Number and
configuration of casino gaming machines and other casino gaming
activities;
c. Use of fixed and
roving security posts;
d. Activity
level on a per-shift basis and identify it as slow, normal, or peak;
e. Department supervisory needs;
and
f. A limit of one employee per
monitor station.
5. A
facility operator may not implement a change or amendment in the surveillance
department minimum staffing plan approved by the department under subdivision 2
of this subsection without the prior written approval of the
department.
L. Security
department operating procedures.
1. At least
60 days before casino gaming operations are to commence, a facility operator
shall submit to the department for review and written approval its security
department operating procedures.
2.
A facility operator may not commence operations until its security department
operating procedures are approved in writing by the department.
3. A facility operator's security department
operating procedures shall, at a minimum, include:
a. A security zone plan for the facility,
employing fixed security posts and roving security officers designed to ensure:
(1) The physical safety of employees of and
invitees to the facility;
(2) The
safeguarding of assets;
(3)
Compliance with all applicable laws, regulations, and directives of the
department, including department-approved internal controls and operating
procedures;
(4) That the following
individuals are identified, prohibited from entering the facility, and, if
necessary, immediately removed from the gaming floor:
(a) An intoxicated individual;
(b) An individual who is mandatorily
excluded; and
(c) An individual who
is voluntarily excluded;
(5) That an individual younger than 21 years
of age is identified, prohibited from accessing the gaming floor, and, if
necessary, immediately removed from the gaming floor; and
(6) That potential victims of human
trafficking are identified and an appropriate response is made.
b. Procedures and controls
addressing:
(1) Facility access controls,
including:
(a) An access badge
system;
(b) If utilized,
specifications pertaining to a computerized access control system;
and
(c) Administrative
responsibility over a manual or computerized access control system;
(2) A temporary access
credential;
(3) Key
controls;
(4) Emergency alarm and
fire command responsibilities, including communication protocols with the
surveillance department;
(5)
Evacuation of the facility in the event of fire or other emergency;
(6) The identification and immediate removal
of an intoxicated individual, an individual younger than 21 years of age, an
individual who is mandatorily excluded, and an individual who is voluntarily
excluded;
(7) Player disputes;
and
(8) The notice requirements of
subdivision 3 d of this subsection;
c. A security department incident log:
(1) Maintained by security department
employees in:
(a) A book with bound numbered
pages that cannot be readily removed; or
(b) An electronic format equipped with
software that prevents modification of an entry after it has been initially
entered into the system; and
(2) Documenting the following:
(a) Assignment number of the
incident;
(b) Date and
time;
(c) Name and department
identification license of the individual covering the incident;
(d) Nature of the incident; and
(e) Resolution of the incident; and
d. A requirement that a
facility operator notify in the department upon detection of:
(1) An individual engaged in, attempting to
engage in, or suspected of cheating, theft, embezzlement, or other illegal
activities;
(2) An individual
possessing a firearm, electronic control device, dangerous weapon, or other
device or object prohibited under this chapter; or
(3) An individual who is:
(a) Younger than 21 years of age;
(b) Intoxicated;
(c) Mandatorily excluded;
(d) Voluntarily excluded; or
(e) A victim of human trafficking.
M.
Security department minimum staffing
1. At
least 60 days before casino gaming operations are to commence, a facility
operator shall submit its security department minimum staffing plan to the
department for review and written approval.
2. A facility operator may not commence
operations until its security department minimum staffing plan is approved in
writing by the department.
3. A
security department minimum staffing plan shall assess, on a per-shift basis,
the minimum number of on-duty security department employees necessary to:
a. Ensure the physical safety of employees of
and invitees to the facility;
b.
Effectively safeguard assets;
c.
Comply with all applicable laws and regulations, including department-approved
internal controls and operating procedures;
d. Monitor the facility to ensure that the
following individuals are identified, prohibited from entering the facility,
and, if necessary, immediately removed from the facility:
(1) An intoxicated individual;
(2) An individual who is mandatorily
excluded; and
(3) An individual who
is voluntarily excluded; and
e. Monitor the gaming floor to identify any
individual younger than 21 years of age, prohibit them from accessing the
gaming floor, and if necessary, immediately remove them from the gaming
floor.
4. A facility
operator's proposed security department minimum staffing plan shall consider
the:
a. Square footage and layout of the
facility;
b. Number and
configuration of casino gaming activity;
c. Use of fixed and roving security
posts;
d. Activity level on a
per-shift basis and identify it as slow, normal, or peak; and
e. Department's supervisory needs.
5. A facility operator may not
implement a change or amendment in the security department minimum staffing
plan approved by the department without the prior written approval of the
department.
N. Internal
audit department standards.
1. At least 60
days before casino gaming operations are set to commence, a facility operator
shall submit to the department for review and approval internal audit
department operating standards and procedures that:
a. Meet the requirements of the casino gaming
law, this chapter, and any other law, regulation, or condition of the
department related to casino gaming;
b. Conform to this section; and
c. Direct that an internal audit be conducted
in accordance with generally accepted auditing standards in the United
States.
2. A facility
operator's internal audit department operating procedures and standards shall,
at a minimum, require the internal audit department to:
a. Work independently of the departments of
the facility that are subject to audit;
b. Assess whether the facility's internal
controls comply with applicable law and department directives;
c. Test the facility's compliance with its
internal controls;
d. Timely report
a deficiency in, or noncompliance with, the facility's internal controls to:
(1) The audit committee (material deficiency
only);
(2) The facility general
manager (material change only);
(3)
Management; and
(4) The
department;
e. Recommend
resolution for eliminating a deficiency in, or noncompliance with, the
facility's internal control system;
f. Meet periodically with the audit committee
or director of internal audit;
g.
Perform audits of:
(1) Unless an alternate
risk assessment and audit plan is submitted in writing and approved in writing
by the department, all departments of the facility that are designated under
subdivisions 3 and 4 of this subsection; and
(2) Any component of the facility designated
by the department;
h.
Prepare an audit report for each audit conducted;
i. Accurately document the audit process and
results in an audit report that, at a minimum, shall include:
(1) Audit objectives;
(2) Audit procedures and scope;
(3) Findings and conclusions;
(4) A recommendation for addressing a
deficiency in, or noncompliance with, the facility's internal
controls;
(5) Resolution of all
exceptions; and
(6) Management's
response;
j. Submit audit
reports to the department on a schedule specified by the department;
and
k. Within 90 days of the
issuance of an audit report, verify that:
(1)
A deficiency or noncompliance revealed during an audit has been corrected;
and
(2) An exception disclosed
during an audit has been resolved.
3. The audit department shall audit at least
semiannually the functions and operations of the facility's:
a. Cashiers' cage;
b. Main bank;
c. Collection of cash storage
boxes;
d. Cash count;
e. Revenue audit;
f. Operations department;
g. Key control; and
h. Table game operations.
4. The audit department shall
audit at least annually:
a. Responsible gaming
program;
b. Security
department;
c. Currency transaction
reporting;
d. Suspicious activity
reporting;
e. Information
technology controls;
f. Accounts
payable;
g. Purchasing;
h. Player tracking system; and
i. Surveillance department.
5. The internal audit department
shall conduct an audit on an unannounced basis when possible.
O. Access to central monitor and
control system equipment
1. Central monitor
and control system equipment shall reside in an area physically segregated from
other systems and equipment utilized by the facility operator and shall conform
to the requirements of the department.
2. At least 10 days before casino gaming
operations are to commence, the department shall issue to the facility operator
a list of individuals that it has approved to have access to the central
monitor and control system equipment.
3. A facility operator may not implement a
change or amendment in its approved access list without the prior written
approval of the department.
4. A
facility operator shall develop and include in the internal controls submitted
to and approved by the department under subsection E of this section procedures
that address physical access to central monitor and control system equipment
located in the facility.
5. Central
monitor and control system equipment may be accessed by:
a. An individual on the list described in
subdivision 2 of this subsection;
b. A compliance agent of the department;
and
c. Department staff authorized
by the director.
6. The
facility operator's internal controls shall require:
a. All keys that access the segregated area
where the central monitor and control system equipment resides to be maintained
by representatives of the:
(1) Department;
and
(2) Central monitor and control
system operator; and
b.
An individual requiring access to the segregated area where the central monitor
and control system equipment resides who is not included on the
department-approved access list maintained under subdivision 2 of this
subsection to be:
(1) Authorized by the
department; and
(2) At all times,
escorted by a department compliance agent, or department staff authorized by
the director; and
(3) Reported in
the entry log maintained in accordance with subdivision 7 of this
subsection.
7.
The department shall maintain an entry log for the segregated area where the
central monitor and control system equipment resides that is:
a. Kept inside the segregated area in a book
with bound numbered pages that cannot be readily removed; and
b. Utilized by an individual entering the
segregated area to record:
(1) Date and time
of entering;
(2) Entering
individual's name and department or affiliation;
(3) Reason for entering;
(4) Name of the individual authorizing the
individual's entry into the segregated area; and
(5) Date and time of exiting.
P. Cashiers'
cage design standards.
1. A facility operator
shall have on, adjacent, or proximate to the gaming floor a physical structure
known as a cashiers' cage to house the cashiers and to serve as the central
location in the facility for:
a. The custody
of the cash, accounting records, and forms and documents required under this
chapter to conduct casino gaming operations;
b. The initial financial consolidation of all
transactions pertaining to casino gaming activity; and
c. Other functions normally associated with
the operation of a cashiers' cage.
2. A cashiers' cage shall include the
following design features:
a. A manually
triggered silent alarm system connected:
(1)
Directly to the security department; or
(2) Directly, or through a documented
communication protocol, to the monitor room of the surveillance
department;
b. A double
door entry and exit system that will not permit an individual to pass through
the second door until the first door is securely locked, as follows:
(1) The first door leading from the gaming
floor shall be controlled by the security department, the surveillance
department, or a department-approved computerized access control
system;
(2) The second door leading
into the cashiers' cage shall be controlled by the cashiers' cage or a
department-approved computerized access control system;
(3) The double door entry and exit system
shall be equipped with surveillance capability sufficient to allow monitoring
of:
(a) All ingress and egress; and
(b) The interior compartment; and
(4) Both doors of the double door
entry and exit system shall be equipped with:
(a) Separate locks with a key or release
mechanism that is different on each door; and
(b) Locks that are operational in the event
of a power failure; and
c. Any entrance to the cashiers' cage that is
not a double door entry and exit system shall be equipped as an alarmed
emergency exit door.
3.
As approved by the department, a facility may have one or more satellite cages
physically separate from the cashiers' cage that:
a. May perform all of the functions of a
cashiers' cage; and
b. Shall be
equipped with an alarm system.
4. A facility operator shall make readily
available to the department:
a. An access
control matrix indicating which employee job descriptions are authorized to
have access to the cashiers' cage and any satellite cage; and
b. A list of employees, with department
identification number, who are authorized:
(1) To have access to the:
(a) Cashiers' cage and any satellite
cage;
(b) Keys to the manual locks
securing the double door entry and exit system; and
(c) Release button on magnetic locks securing
the double door entry and exit system;
(2) To activate or deactivate alarm systems
for the cashiers' cage and any satellite cage; and
(3) To grant access to the cashiers' cage and
any satellite cage through the access control matrix or a computerized access
control system.
Q. Accounting controls for a cashiers' cage.
1. A facility operator may only conduct
gaming-related transactions with individuals at its cashiers' cage and any
satellite cage during the hours of operation approved by the department for the
facility.
2. A facility operator
shall at all times maintain in its cashiers' cage a reserve cash bankroll
sufficient to pay all winning wagers.
3. A facility operator shall:
a. Compute its reserve cash bankroll
requirement based on a calendar year; and
b. Submit its computation to the department:
(1) At least 30 days prior to the
commencement of casino gaming operations; and
(2) On or before January 30 of each year
subsequent to the year in which operations are commenced.
4. A facility operator shall
develop and include in the internal controls submitted to and approved by the
department procedures that address the segregation of the cashiers' cage and
the general conduct of cashiers' cage transactions.
5. A facility operator's internal controls
shall require:
a. The cashiers' cage and any
satellite cage to be physically segregated by personnel and function as
follows:
(1) General cashiers shall be
responsible for:
(a) An individual imprest
inventory of cash;
(b) Receipt and
payout of cash, negotiable instruments, gaming tickets, and other documentation
from and to players subject to the limitations imposed under this
chapter;
(c) Preparation of jackpot
documents; and
(d) Other functions
designated by the facility operator that are not incompatible with the
functions of a general cashier; and
(2) Main bank cashiers shall be responsible
for:
(a) Receipt of cash, negotiable
instruments, gaming tickets, jackpot, and other documentation from general
cashiers in exchange for cash or documentation;
(b) Replenishment of ticket redemption units
and automated jackpot payout machines;
(c) Receipt of unsecured cash and unsecured
gaming tickets;
(d) Receipt of cash
and documentation from the count room;
(e) Preparation of the overall cashiers' cage
reconciliation;
(f) Preparation of
bank deposits;
(g) Compliance with
reserve cash bankroll requirements; and
(h) Other functions designated by the
facility operator that are not incompatible with the functions of a main bank
cashier;
b.
Each general cashier and main bank cashier to prepare a cashier count sheet on
each shift:
(1) Recording the amount of the
inventory in the window or bank;
(2) Reconciling the total closing inventory
with the total opening inventory; and
(3) Including the signature of the:
(a) Outgoing general or main bank cashier;
and
(b) Incoming general or main
bank cashier;
c. At the end of the gaming day, the
cashiers' cage is to forward a copy of each cashiers' count sheet and related
documentation to the accounting department for:
(1) Agreement of opening and closing
inventories; and
(2) Comparison of
forms or documents; and
d. No more than 48 hours after the discovery
of an employee's unresolved cage or count room overage or shortage of $500 or
more, a facility operator shall submit a written report to the department
describing:
(1) The reason for the overage or
shortage and corrective action taken or adjustment made; or
(2) That a notice of investigation is ongoing
and the written report will be submitted within the following 48
hours.
R. Checks accepted from a player.
1. A facility operator may accept a
negotiable instrument in the form of a check meeting the requirements of this
regulation from a player to enable the player to take part in gaming.
2. A facility operator may accept a check
only during the hours of operation approved by the department for the
facility.
3. A facility operator
may accept a personal check that is:
a. Made
payable to the facility operator;
b. Drawn on a bank, savings and loan
association, or credit union subject to federal or State banking
regulation;
c. Drawn for a specific
amount;
d. Currently dated, not
postdated; and
e. Payable on
demand.
4. Subject to the
requirements of subdivision 5 of this subsection, a facility operator may
accept a check issued by a:
a. Facility
operator; or
b. Person that:
(1) Is an affiliate of the facility operator;
and
(2) Holds a valid gaming
license in another jurisdiction.
5. A facility operator shall only accept a
check under subdivision 4 of this subsection that has been issued to an
individual as:
a. Employment compensation;
or
b. A payout in connection with
casino gaming activity.
6. A facility operator may not:
a. Except as provided under subdivision 3 of
this subsection, accept a check that is payable to an individual, including:
(1) A Social Security check;
(2) An unemployment insurance
check;
(3) A disability payment
check; or
(4) A public assistance
check; or
b. Except for a
check issued under subdivision 5 of this subsection, accept from a player a
check or multiple checks that in the aggregate exceed $50,000 during a gaming
day.
7. For a personal
check equaling or exceeding $5,000, a facility operator shall confirm the
availability of funds by:
a. Directly
contacting the bank, savings and loan association, or credit union upon which
the check is drawn;
b. Obtaining an
authorization and guarantee of the check from a check verification and warranty
service holding a service permit as a contractor under this chapter;
or
c. Alternating procedures
addressing acceptance and verification of personal checks submitted in writing
and approved by the department.
8. A facility operator shall develop and
include in the internal controls submitted to and approved by the department
procedures addressing the acceptance and verification of checks meeting the
requirements of this subsection.
9.
A facility operator's internal controls shall require a check accepted from a
player by a general cashier to be:
a. If a
personal check other than an electronic check, restrictively endorsed "for
deposit only" to the bank account designated for this purpose by the facility
operator and:
(1) Initialed by the accepting
general cashier;
(2) Date and time
stamped;
(3) Documented on the face
of the check the number on the player's government-issued photographic
identification; and
(4) If a
personal check equaling or exceeding $5,000, confirmed for availability of
funds under subdivision 7 of this subsection;
b. Verified for signature authenticity by a
general cashier who shall:
(1) Obtain from the
player one form of identification that is a valid, unexpired government-issued
photographic identification; and
(2) Satisfactorily compare the:
(a) Signature of the player on the personal
check or endorsing the payroll or payout check with the signature on an
identification credential; and
(b)
Player's physical appearance with the photograph contained on the valid,
unexpired government-issued photographic identification presented by the
player;
c. If
presented by a player as a payroll or payout check under subdivision 5 of this
subsection, confirmed to have been issued as employment compensation or as a
payout in connection with casino gaming activity; and
d. Immediately exchanged for:
(1) Cash;
(2) If the facility operator has the
capability, a gaming ticket;
(3) A
chip or plaque;
(4) A player
account in accordance with this chapter; or
(5) At the request of the individual, a
combination of subdivisions 9 d (1), 9 d (2), and 9 d (3) of this
subsection.
S. Wire transfers.
1. A facility operator may accept a
negotiable instrument in the form of a wire transfer from a player to enable
the player to take part in gaming.
2. A facility operator shall record in its
cashiers' cage accountability any funds accepted by wire transfer with no
documented business purpose other than to enable a player to take part in
gaming within 24 hours of receipt of the wire transfer.
3. A facility operator shall develop and
include in the internal controls submitted to and approved by the department
procedures addressing the acceptance, verification, and sending of wire
transfers meeting the requirements of this subsection.
4. A facility operator's internal controls
shall:
a. Require preparation of a cashiers'
cage wire transfer log to record the following information pertaining to a wire
transfer accepted by a facility operator on behalf of a player:
(1) A sequential number assigned by the
facility operator to the wire transfer accepted;
(2) Date and time notice of the wire transfer
was received;
(3) Name of the
financial institution to which the funds were sent;
(4) Amount transferred;
(5) Name of the player for whose benefit the
funds were accepted;
(6) The name
of the financial institution from which the funds were transferred;
(7) The method by which the facility operator
was notified of the receipt of the wire transfer;
(8) If noticed by telephone, the name and
title of the individual providing notice;
(9) The signature of the cashiers' cage
employee receiving and recording the information required by this section;
and
(10) If applicable, a notation
that the wire transfer has been returned under subdivision 5 of this
subsection;
b. Require
that a cashiers' cage supervisor other than the cashiers' cage employee who
initially documented acceptance of the wire transfer:
(1) Independently confirm:
(a) Date, time, and method by which the
facility operator was notified of the wire transfer; and
(b) If noticed by telephone, the name and
title of the individual providing notice;
(2) Record the date and time of confirmation
in the wire transfer log; and
(3)
Sign the wire transfer log as completing the confirmation process;
c. Document the procedures used
to:
(1) Establish, verify, and document the
identity of a player sending a wire transfer;
(2) Make the wire transfer proceeds available
to a player at the cashiers' cage; and
(3) Adjust the cashiers' cage
accountability;
d.
Require preparation of a cashiers' cage wire transfer log to record the
following information pertaining to a wire transfer sent by a facility operator
on behalf of a player:
(1) A sequential number
assigned by the facility operator to the wire transfer sent;
(2) Name of the player;
(3) Date of the transaction;
(4) Amount wired;
(5) Source of funds;
(6) The name and address of the financial
institution to which the funds were wired;
(7) Account number to which the funds are
credited;
(8) If the request to
send a wire transfer is made in person at the cashiers' cage, the signature of
the player;
(9) If the request to
send a wire transfer is not made in person at the cashiers' cage, documentation
supporting the receipt of a request by the facility operator to send a wire
transfer on behalf of a player;
(10) The signature of the cashiers' cage
employee receiving and recording the information required by this regulation;
and
(11) The signature of the
cashiers' cage supervisor or accounting department supervisor authorizing the
wire transfer; and
e.
Document the procedures used to:
(1)
Establish, verify, and document the identity of a player requesting that a wire
transfer be sent;
(2) Send the wire
transfer; and
(3) Adjust the
cashiers' cage accountability.
5. A facility operator shall take immediate
action to return to a player by wire transfer funds initially accepted by wire
transfer under the following circumstances:
a.
The wired funds received by the facility operator have no documented business
purpose other than to enable a player to take part in gaming;
b. All or a substantial portion of the wired
funds remain in the facility operator's cashiers' cage accountability more than
14 days following transfer to that accountability; and
c. The player has engaged in minimal or no
casino gaming play since receipt of the wire transfer.
6. A wire transfer returned in accordance
with subdivision 5 of this subsection shall be sent to the same individual,
financial institution, and account number from which the funds were
debited.
7. Return of a wire
transfer shall be recorded in the wire transfer log maintained under
subdivision 4 of this subsection.
T. Cash equivalents.
1. A facility operator may accept a
negotiable instrument in the form of a cash equivalent from a player to enable
the player to take part in gaming.
2. A facility operator may accept a cash
equivalent only during the hours of operation approved by the department for
the facility.
3. A facility
operator shall develop and include in the internal controls submitted to and
approved by the department procedures addressing the acceptance and
verification of cash equivalents meeting the requirements of this
chapter.
4. A facility operator's
internal controls shall:
a. Enumerate the type
of cash equivalents complying with this chapter to be accepted;
b. Detail the specific verification
procedures required by each issuer;
c. Require that a general cashier:
(1) Perform the specific verification
procedures required by each issuer;
(2) Prepare and maintain documentation
evidencing the verification of a cash equivalent accepted; and
(3) Examine a cash equivalent for
counterfeiting, forgery, or alteration;
d. Detail the criteria for cashiers' cage
supervisor involvement in the verification process; and
e. Include procedures for verifying the
authenticity of a player's signature on a cash equivalent in conformance with
the signature authentication procedures in subdivision R 9 of this
section.
U.
Player accounts.
1. In this subsection,
"on-premises player account transactions" includes transactions that occur at
an off-site customer service location approved by the department under
subsection OO of this section.
2. A
facility operator may establish a player account to enable the player to take
part in gaming, which shall be subject to the following requirements:
a. The information necessary to initiate a
player account shall be recorded and maintained for a period of five years and
shall include at least:
(1) Player's legal
name;
(2) Player's date of
birth;
(3) Player's residential
address (other than a post office box) and mailing address if
different;
(4) Player's phone
number;
(5) Player's active email
address; and
(6) Verification that
the player is not prohibited by the gaming law or this chapter from
participating in casino gaming.
b. A facility operator shall record the
player's acceptance of the terms and conditions and privacy policy and
acknowledgment that the information provided is accurate and the player is
prohibited from allowing any other person to access or use the player's
account.
c. A player may have only
one player account for each facility operator.
3. A facility operator shall perform all
procedures required by this subsection before depositing funds accepted by
means of check, wire transfer, cash equivalent, or other negotiable instrument
into a player account. A player account may also be funded using:
a. A debit card;
b. An electronic bank transfer, including a
transfer through third parties;
c.
An online or mobile payment systems that supports online money
transfers;
d. Winnings or
payouts;
e. Bonuses and
promotions;
f. A reloadable prepaid
card that has been verified as being issued to the player and is
nontransferable; or
g. Any other
means approved by the department.
4. A facility operator may accept an
on-premises player account transaction only during the hours of operation
approved by the department.
5. A
facility operator shall develop and include in the internal controls submitted
to and approved by the department procedures addressing the acceptance of
player account transactions meeting the requirements of this
subsection.
6. A facility
operator's internal controls shall:
a. Address
player account set-up and administration, including:
(1) The procedures utilized to create a
unique access code to, and a unique player identification number for, a player
account; and
(2) The controls
employed to secure a player's access code;
b. Require on-premises acceptance of player
account deposits at:
(1) The cashiers' cage;
or
(2) An off-site customer service
location;
c. Require
preparation of a receipt documenting the:
(1)
Amount deposited;
(2) Date of the
deposit; and
(3) Signature of the
general cashier accepting the player account deposit;
d. Provide for full or partial on-premises
withdrawal from a player account:
(1) By a
player at the cashiers' cage; or
(2) Upon receipt by the facility operator of
a written request for withdrawal for which validity has been established;
and
e. Include procedures
for documenting on-premises acceptance of and withdrawal from a player account
including a verification of the authenticity of a player's signature on a
player account transaction document in conformance with the signature
authentication procedures in subdivision R 9 of this
section.
7. Funds may be
withdrawn from a player account through:
a.
Wagers;
b. Checks drawn on the
facility operator's account cashier's check, wire transfer, or money order by
the facility operator made payable to the player and issued directly or
delivered to the player's address on file with the facility operator;
c. Credits to the player's debit
card;
d. Electronic bank transfers,
including transfers through third parties;
e. Online or mobile payment systems that
support online money transfers;
f.
Reloadable prepaid card, which has been verified as being issued to the player
and is nontransferable; or
g. Any
other means approved by the department.
8. A player's request for withdrawal of funds
(i.e., deposited and cleared funds or funds won) in the individual's player
account shall be completed within 10 days unless there is a pending unresolved
player dispute or investigation prompted by a player dispute or the director.
Funds for withdrawal may be withheld from withdrawal until the funding
transaction clears or the chargeback period ends.
9. All adjustments to a player account for
individual amounts of $500 or less shall be periodically reviewed by the
facility operator consistent with the facility operator's internal control
standards. All other adjustments shall be authorized by the facility operator's
management before being entered.
10. A facility operator shall not allow the
transfer of funds or credits between players.
11. Each transaction with respect to a player
account between a player and facility operator shall be confirmed by email,
telephone, text message, or other means agreed upon by the player and facility
operator.
12. A facility operator
shall provide an account statement to a player on demand. An account statement
shall include detailed account activity for at least six months preceding the
24-hour period before the request. In addition, facility operators shall, upon
request, be capable of providing to a player a summary statement of all player
activity during the previous 12 months.
13. A facility operator shall provide an
account statement of player account activity shall upon:
a. Submission of a signed request for the
statement at the cashiers' cage or off-site customer service location;
and
b. Establishing the
authenticity of the player's identity or signature on the request for the
statement in accordance with the identity or signature authentication
procedures in the internal controls submitted to and approved by the
department.
14. The
statement of player account activity required under this subsection shall
summarize, at a minimum, a player's activity during the month prior to the date
of the request for a statement and include the:
a. Player's beginning credit
balance;
b. Credits earned during
the month;
c. Credits transferred
to a casino game;
d. Credits
transferred from a casino game to a player account; and
e. Player's ending credit balance.
15. The statement of player
account activity required under this subsection need not include promotional
play credits transferred to a player without regard to the identity of the
player.
16. A facility operator
shall suspend wagers from being made and immediately re-verify a player's
identification upon reasonable suspicion that the player's identification or
player account has been compromised.
17. A facility operator shall offer an easily
accessible method for a player to close the player's account. Any balance
remaining in an account closed by a player shall be refunded pursuant to the
facility operator's internal control standards within 10 days of notice from
the player.
18. A facility operator
shall suspend a player account if:
a. The
player asks for suspension for a specified period not less than 72 hours as a
self-limiting measure;
b. Required
by the director; or
c. The facility
operator knows or has reason to know of:
(1)
Illegal activity related to the account;
(2) A negative account balance;
(3) Five failed Automated Clearing House
deposit attempts within a 24-hour period; or
(4) A violation of the terms and conditions
that has taken place on the player's account.
19. When a player account is suspended, the
player shall be prevented from:
a.
Wagering;
b. Depositing funds,
unless the reason for the deposit is to clear a negative balance that resulted
in the suspension;
c. Withdrawing
funds, unless the reason for the suspension would not prohibit a
withdrawal;
d. Making changes to
the player account; or
e. Removing
the player account from the facility operator.
20. A suspended player account may be
restored:
a. Upon expiration of the time
period established by the player;
b. When permission is granted by the
director; or
c. When the facility
operator has lifted the suspended status.
21. If a player account is inactive or
dormant for five years:
a. The facility
operator shall attempt to contact the account holder by mail, phone, and
electronic mail;
b. If the account
holder does not respond to the facility operator; the facility operator shall
close the account; and
c. Any funds
remaining in the account at the time of closing shall be paid 50% to the
facility operator and 50% to the Commonwealth's general fund.
22. A facility operator shall
ensure that account holders are made aware of the provisions of this subsection
prior to opening a player account.
V. Returned checks.
1. All checks returned after deposit shall
be:
a. Returned directly to an accounting
department employee with no incompatible functions; and
b. Maintained by a check bank cashier with no
incompatible functions.
2. A facility operator shall:
a. Limit collection efforts pertaining to a
returned check to the following persons:
(1) A
gaming employee or key manager of the accounting department with no
incompatible functions; or
(2) An
attorney representing the facility operator;
b. Inform the employee or attorney authorized
to conduct collection efforts of any verbal or written communication with a
player regarding collection efforts;
c. Document all collection efforts in the
player's account file; and
d. Send
a statement to a player at reasonable intervals.
3. After reasonable collection efforts,
returned checks may be considered uncollectible for accounting purposes if the
write off is authorized by the:
a. Facility
general manager;
b. Director of
finance or other designated key manager approved by the department;
and
c. Committee of employees with
no incompatible functions.
W. Accounting controls in a check bank.
1. A facility operator shall record in a
player's account file all transactions related to the player, including:
a. Transactions recorded in chronological
order;
b. Documentation of:
(1) For counter checks, the date, amount, and
series number;
(2) For each
substitution check:
(a) The date, amount, and
check number of the substitute check; and
(b) The series number of the counter check or
check number of the replacement check returned to the player;
(3) For each consolidation check:
(a) The date, amount, and check number of the
consolidation check; and
(b) The
series numbers of the counter check or check number of the replacement check
returned to the player;
(4) For each redemption check:
(a) The date, amount, and check number of the
redemption check;
(b) An indication
as to whether the redemption was partial or full; and
(c) The series number of the counter check or
check number of the replacement check returned to the player;
(5) Date, amount, and series or
check number of each check:
(a) Deposited;
and
(b) Returned;
(6) If a check has been returned,
the reason for its return;
(7)
Player's account balance after each transaction;
(8) Date, amount, and series or check number
of a check that has been partially or completely written off by the facility
operator; and
(9) If a write off,
the reason for the write off.
2. A facility operator shall maintain
original copies of counter checks and replacement checks accepted in
substitution, consolidation, and redemption transactions in its check
bank.
3. A facility operator's
check bank shall prepare and maintain for each shift, manually or by computer,
a log of all counter checks exchanged and of all replacement checks received in
substitution, consolidation, and redemption transactions that includes the
following:
a. The balance of the checks on
hand in the check bank at the beginning of each shift;
b. For counter checks accepted and for
replacement checks received in substitution, consolidation, or redemption on
the shift:
(1) Date of the check;
(2) Name of the drawer of the
check;
(3) Amount of the
check;
(4) If a counter check, the
series number;
(5) If a replacement
check, the check number; and
(6) If
applicable, an indication that the check was accepted in a substitution,
consolidation, or redemption transaction;
c. For checks deposited, substituted,
consolidated, or redeemed by a player on the shift:
(1) Date on which the check was deposited,
substituted, consolidated, or redeemed;
(2) Name of the drawer of the
check;
(3) Amount of the
check;
(4) If a counter check, the
series number;
(5) If a replacement
check, the check number; and
(6) An
indication as to whether the check was deposited, substituted, consolidated, or
redeemed; and
d. The
balance of the checks on hand in the check bank at the end of each
shift.
4. A facility
operator shall develop and include in the internal controls submitted to and
approved by the department procedures addressing the facility operator's
accounting controls over the check bank, including end of shift and end of
gaming day deposits and reconciliations.
X. Prohibition on the wagering with cash,
credit cards, or debit cards.
1. A casino game
may not be played or activated in any way by insertion, directly or indirectly,
or use of:
a. Cash;
b. Credit card;
c. Debit card; or
d. Electronic transfer of funds from a credit
card or debit card.
2. A
casino game may be played only with tokens, chips, or electronic tickets or
cards purchased from the facility operator.
3. It shall not be considered a violation of
this subdivision to:
a. Use cash, a credit
card, a debit card, or an electronic transfer of funds from a credit card or
debit card to purchase from the facility operator tokens, chips, or electronic
tickets or cards;
b. Convert cash,
promotional play instruments, or electronic tickets or cards to purchase tokens
or chips at a table game; or
c. Use
cash to engage in sports betting in a sports betting facility within the casino
gaming facility.
Y. Player tracking system.
1. A facility operator shall utilize a player
tracking system meeting the requirements of this subsection.
2. A facility operator may not collect or
monitor the activity of an individual who it knows, suspects, or has reason to
know or suspect is:
a. Younger than 21 years
of age;
b. Mandatorily excluded;
or
c. Voluntarily
excluded.
3. A facility
operator shall provide a player with a record of casino game spending levels
if:
a. The player:
(1) Has registered with the facility for
inclusion in the player tracking system; and
(2) Submits a signed request for the spending
level documentation at:
(a) The cashiers'
cage; or
(b) Other location at the
facility approved by the department; and
b. The identification of the player and the
authenticity of the player's signature on the request is established by an
employee satisfactorily comparing the:
(1)
Player's information recorded on the spending level request documentation with
the information contained on the valid, unexpired government-issued
photographic identification presented by the player; and
(2) Player's physical appearance with the
photograph contained on the valid, unexpired government-issued photographic
identification presented by the player.
Z. Gaming ticket.
1. A facility operator shall develop and
include in the internal controls submitted to and approved by the department
procedures addressing the issuance and redemption of a gaming ticket in
compliance with this subsection and 11VAC5-90-150 W.
2. A facility operator's internal controls
shall:
a. Include procedures and controls to
maintain a record of all unredeemed gaming tickets for a minimum of one year
from the date of issuance of the gaming ticket unless a request to remove or
relocate system records is submitted in writing and approved in writing by the
department; and
b. Address the
following events:
(1) Calculation and
transmittal by the facility operator of its outstanding expired unredeemed
gaming ticket balance to the Commonwealth of Virginia;
(2) An election by a facility operator to pay
a gaming ticket when the gaming ticket system is inoperable or otherwise unable
to verify the validity of the gaming ticket at the time of payment;
and
(3) An election by a facility
operator to pay a gaming ticket where the gaming ticket system fails to verify
and electronically cancel the gaming ticket when it is presented by the player
and scanned for verification.
3. A facility operator shall redeem at its
cashiers' cage a gaming ticket of $5,000 or more by:
a. Cash or check; or
b. Check on the request of the
player.
4. A facility
operator shall immediately report to the department evidence that a gaming
ticket has been counterfeited, tampered with, or altered in any way that would
affect the integrity, fairness, or reliability of the gaming ticket.
5. A facility operator shall, in a form and
in a timeframe specified by the department, submit a report to the department
detailing any adjustment made to the amount of a gaming ticket.
AA. Promotional play.
1. A facility operator may:
a. Issue promotional play if it is not
awarded as cashable credit; and
b.
Utilize a promotional play system that has been tested, certified, and approved
under this chapter.
2. A
facility operator may not issue to a player promotional play equaling or
exceeding $5,000 per gaming day without specific approval from the facility
general manager.
3. A facility
operator shall fully and accurately disclose the material terms of all
promotional play offers involving casino gaming at the time any such offer is
advertised and provide full disclosure of the terms of and limitations on the
offer before the player provides anything of value in exchange for the
offer.
4. If the material terms of
a promotional play offer cannot be fully and accurately disclosed within the
constraints of a particular advertising medium, the material terms and
conditions shall be accessed by hyperlink that takes the individual directly to
the material terms or directs the individual to the site to access the offer or
bonus terms and in reasonably prominent size.
5. No promotional play available to a player
who sets up a new player account may contain terms that delay full
implementation of the offer by the facility operator for a period of longer
than 90 days, regardless of the number or amount of wagers in that period by
the player.
6. A facility operator
shall develop and include in the internal controls submitted to and approved by
the department procedures addressing the requirements of this subsection and:
a. Methods utilized to:
(1) Issue promotional play; and
(2) Redeem promotional play; and
b. A promotion play instrument,
including a requirement that it document:
(1)
Name or trade name of the facility operator;
(2) Amount in noncashable credits;
(3) Unique series number automatically
generated by the promotional play system;
(4) Locations where a promotional instrument
may be redeemed and any restrictions applicable to redemption;
(5) A bar code or magnetic strip that enables
the promotional play system to identify the numeric information required by
this section; and
(6) Notice to the
player of the terms of expiration.
7. A facility operator shall immediately
report to the department evidence that a promotional play instrument has been
counterfeited, tampered with, or altered in any way that would affect the
integrity, fairness, or reliability of the promotional play
instrument.
8. A facility operator
shall submit to the department in a form and in accordance with a timeframe
specified by the department a quarterly report summarizing:
a. Promotional play awarded for the period,
including:
(1) Total amount in promotional
play awarded in noncashable credits; and
(2) Other forms of promotional play;
and
b. Promotional play
redeemed by players for the period, including:
(1) Total amount in promotional play redeemed
in noncashable credits; and
(2)
Other forms of promotional play redeemed.
BB. Ticket redemption unit.
1. A facility operator may utilize a ticket
redemption unit meeting the requirements of this section.
2. A facility operator shall locate a ticket
redemption unit on the gaming floor subject to the surveillance coverage
requirements of this section.
3. A
facility operator shall develop and include in the internal controls submitted
and approved by the department procedures addressing a ticket redemption
unit.
4. A facility operator's
internal controls shall address:
a.
Distribution of cash to a ticket redemption unit;
b. Removal of gaming tickets and cash
accepted by a ticket redemption unit;
c. Reconciliations associated with the
replenishment process;
d. Directing
a player attempting to redeem a gaming ticket of $5,000 or more to the
cashiers' cage.
CC. Jackpot payout.
1. A facility operator shall utilize a
multipurpose jackpot or credit meter payout document meeting the requirements
of this subsection to pay:
a. A jackpot not
totally and automatically paid by a casino gaming machine; or
b. Credits accumulated by a player on a
casino gaming machine if:
(1) The number of
accumulated credits exceeds the amount that may be paid utilizing a gaming
ticket under this section;
(2) Due
to malfunction, the credits cannot be paid by the casino gaming machine;
or
(3) A single jackpot event
requires the filing of IRS Form W-2G, Certain Gambling Winnings.
2. A facility operator
shall:
a. Prepare and timely file IRS Form
W-2G, Certain Gambling Winnings, in accordance with IRS rules and regulations;
and
b. Immediately report to the
department any incident in which a casino gaming machine fails to lock up and
preclude play following a single jackpot event of $1,200 or more.
3. A facility operator shall pay a
jackpot or credit meter payout of:
a. $50,000
or more by check; and
b. Less than
$50,000 by:
(1) Cash or check; or
(2) On the request of a player, any
combination of cash, gaming ticket, check, or other method of payment approved
by the department.
4. A facility operator shall develop and
include in the internal controls submitted to and approved by the department
procedures addressing the payment of a jackpot or credit meter payout not
totally and automatically paid by a casino gaming machine.
5. A facility operator's internal controls
shall include:
a. The use of a two-part
computer-generated jackpot or credit meter payout document initiated on the
request of a gaming operations department attendant or gaming operations
department supervisor or above after verifying the:
(1) Winning combination of characters on the
casino game and the amount of the jackpot; or
(2) Number of accumulated credits;
b. Its alternate verification
procedure for jackpot or credit meter payouts;
c. A provision that only the preparer is
required to sign the jackpot or credit meter payout document if:
(1) A jackpot or credit meter payout is less
than $10,000;
(2) A casino or
casino management system can independently verify a jackpot or credit meter
payout;
(3) The casino or casino
management system and the central monitor and control system are fully
operational; and
(4) Overrides or
adjustments are not required;
d. A requirement that, if a jackpot or credit
meter payout is $15,000 or more but less than $35,000, a security department
employee or a gaming operations department supervisor or above other than the
preparer of the document sign the jackpot or credit meter payout document after
verifying the payment of the jackpot or credit meter payout to the player and:
(1) Winning combination of characters on the
casino gaming machine and the amount of the jackpot; or
(2) Number of accumulated credits;
e. A provision that if a jackpot
or credit meter payout document generated incompliance with this subsection is
requested by a gaming operations department supervisor or above, the
verification required by this subsection may be completed by a gaming
operations department attendant, a gaming operations department supervisor or
above, or a security department employee;
f. A requirement that if a jackpot or credit
meter payout is $35,000 or more, an operations department shift manager or
higher level operations department employee other than the preparer of the
document sign the jackpot or credit meter payout document after verifying the
payment of the jackpot or credit meter payout to the player and:
(1) Winning combination of characters on the
casino gaming machine and amount of the jackpot; or
(2) Number of accumulated credits;
g. A provision that if a jackpot
or credit meter payout document required in compliance with this subsection is
requested by a gaming operations department shift manager or higher level
gaming operations department employee, the verification required by this
subsection may be completed by a gaming operations department attendant, a
gaming operations department supervisor or above, or a security department
employee;
h. A requirement that the
following information be on a two-part computer-generated jackpot or credit
meter payout document:
(1) Date and
time;
(2) Asset number of the
casino gaming machine or table game on which the jackpot was registered or
credits accumulated;
(3) Winning
combination of characters constituting the jackpot or a code corresponding to
the winning combination of characters constituting the jackpot or an indication
that a credit meter payout is to be made;
(4) Amount to be paid;
(5) Unique transaction number generated by
the casino management system;
(6)
Signature or identification code of the preparer of the document;
(7) If the payout is $1,200 or more, the
signature or identification code of a verifying witness in accordance with this
regulation; and
(8) Unless an
automated jackpot payout machine or a cash wallet is utilized to affect the
payment, the signature or identification code of the cashier issuing the
funds;
i. If utilized,
procedures and controls applicable to a jackpot or credit meter payout:
(1) Using an automated jackpot payout machine
meeting the requirements of subsection EE of this section; and
(2) By a gaming operations department
attendant from a cash wallet impressed with $10,000 or less;
j. If utilized, procedures and
controls to be implemented if the facility operator resets the casino gaming
machine or credit meter before the player is paid;
k. A requirement that the surveillance
department:
(1) Be notified of a jackpot or
credit meter payout of $25,000 or more;
(2) Log all notices regarding a jackpot or
credit meter payout in the surveillance log required under this section;
and
(3) Obtain and retain a
photograph of the face of the player receiving the payout;
l. Details pertaining to:
(1) Payment of a jackpot or credit meter
payout at the:
(a) Cashiers' cage;
(b) Casino gaming machine; and
(c) Table game;
(2) The use of an accounting drop box;
and
(3) Audit procedures to be
performed by the facility operator's accounting department at the conclusion of
each gaming day;
m.
Procedures addressing unclaimed jackpots or accumulated credits abandoned on a
casino game;
n. Details that
establish the ability of the casino or casino management system to:
(1) Ensure that a two-part computer-generated
jackpot or credit meter payout document is not susceptible to change or
deletion from the system after preparation;
(2) Process and document system overrides or
adjustments to jackpot or credit meter payouts, including:
(a) Overrides or adjustments where the payout
requested does not match the payout amount sent from the casino gaming machine
to the casino or casino management system; and
(b) Identification of the level of employee
having override authority; and
(3) Process voided jackpot or credit meter
payout documents; and
o.
Procedures utilized to issue a manual jackpot or credit meter payout document
that:
(1) Are to be used only when the casino
or casino management system is unable to generate a jackpot or credit meter
payout document;
(2) Conform to the
jackpot payout or credit meter payout verification and signature requirements
of this regulation;
(3) Involve use
of a three-part serially prenumbered manual jackpot or credit meter payout
document residing in a book, wiz machine, or functional equivalent;
(4) Require manual jackpot or credit meter
payout books or their functional equivalent to be maintained in a secured
locked cabinet in the cashiers' cage; and
(5) Require the key to the cabinet to be:
(a) Controlled by the security department or
the accounting department; and
(b)
Limited to sign out by a gaming operations department supervisor or
above.
DD. Annuity jackpot.
1. In this subsection, unless the context
clearly indicates otherwise,
"Discount rate" means a discount rate equal to the United
States Treasury constant maturity rate for 20-year United States government
securities for the week ending prior to the date of the jackpot, as identified
in the applicable H.15 Statistical Release issued by the Federal Reserve Board
plus 0.5%.
2. A facility
operator may not offer an annuity jackpot without the prior written approval of
the department.
3. A facility
operator submitting a request for approval of an annuity jackpot to the
department shall submit details pertaining to the annuity jackpot, including:
a. The specific terms of:
(1) The annuity; and
(2) Any cash payout option;
b. The written trust agreement
supporting the trust fund used to make future cash payments on the annuity
jackpot, including details pertaining to:
(1)
Administration and funding of the trust agreement;
(2) Liability for payments owed to a player;
and
(3) Designation of a
trustee;
c. Internal
controls addressing the offer and award of an annuity jackpot; and
d. Documentation supporting that the average
payout percentage on the casino gaming machine offering the annuity jackpot
will comply with this subsection.
4. A facility operator that offers an annuity
jackpot payable over 10 years or more may offer a player the option to be paid
in a single cash payout provided that payout is equal to the present value of
the annuity jackpot as calculated in subdivision 5 of this
subsection.
5. The present value of
a cash payout option on an annuity jackpot shall be determined by:
a. Applying the discount rate to each of the
future annuity jackpot payments;
b.
Multiplying the number of years until each jackpot payment would otherwise have
been received; and
c. Adding to
that amount the amount of the first cash payment that would otherwise have been
received.
6. A facility
operator shall pay a cash payout requested by a player in lieu of an annuity
jackpot in accordance with subsection DD of this section.
7. A facility operator shall develop and
include in the internal controls submitted to and approved procedures
addressing the offer and award of an annuity jackpot.
8. A facility operator's internal controls
shall include:
a. Procedures to be followed by
a player to exercise a cash payout option; and
b. Procedures utilized to document payment of
an annuity jackpot.
EE. Merchandise jackpot.
1. A facility operator may not offer a
merchandise jackpot without the prior written approval of the
department.
2. A facility operator
submitting a request for approval of a merchandise jackpot to the department
shall submit details pertaining to the merchandise jackpot, including:
a. The specific terms of:
(1) The merchandise offer; and
(2) Any cash payout option;
b. Documentation supporting the
acquisition of the merchandise and its cash equivalent value under subdivision
4 of this subsection;
c. Internal
controls addressing the offer and award of a merchandise jackpot; and
d. Documentation supporting that the average
payout percentage on the casino gaming machine offering the merchandise jackpot
will comply with this subsection.
3. If a facility operator offers a
merchandise jackpot consisting of merchandise or an optional cash payout, the
optional cash payout shall equal the cash equivalent value of the merchandise
determined in accordance with subdivision 5 of this subsection.
4. The cash equivalent value of merchandise
shall be determined as follows:
a. Merchandise
that the facility operator sells directly to the public in the normal course of
business shall be valued at an amount equal to the full retail price normally
charged for the merchandise;
b.
Merchandise that the facility operator does not sell directly to the public in
the normal course of business, but that is provided directly to a player by the
facility operator, shall be valued at an amount equal to the actual cost to the
facility operator of the merchandise;
c. Merchandise that is provided directly or
indirectly to a player on behalf of a facility operator by a third party not
related to the facility operator shall be valued at an amount equal to the
actual cost to the facility operator of having the third party provide the
merchandise; and
d. Merchandise
that is provided directly or indirectly to a player on behalf of a facility
operator by a third party who is related to the facility operator shall be
valued as if the related party were the facility operator under subdivisions 4
a and 4 b of this subsection.
5. For the purpose of determining adjusted
gross receipts, the cash equivalent value of any merchandise paid as, or as a
portion of, a jackpot shall be included in total winnings paid.
6. A facility operator shall pay a cash
payout portion of a merchandise jackpot and a cash payout requested by a player
in lieu of a merchandise jackpot in accordance with subsection DD of this
section.
7. A facility operator
shall develop and include in the internal controls submitted to and approved by
the department procedures addressing the offer and award of a merchandise
jackpot.
8. A facility operator's
internal controls shall include:
a. Procedures
to be followed by a player to exercise a cash payout option; and
b. Procedures utilized to document payment of
a merchandise jackpot.
FF. Automated jackpot payout machine.
1. A facility operator may utilize an
automated jackpot payout machine meeting the requirements of this
subsection.
2. A facility operator
may locate an automated jackpot payout machine on the gaming floor subject to
the surveillance coverage requirements of this section.
3. A facility operator shall configure an
automated jackpot payout machine to process only a jackpot or credit meter
payout of less than $50,000.
4. A
facility operator shall develop and include in the internal controls submitted
to and approved by the department procedures addressing the payment of a
jackpot or credit meter payout utilizing an automated jackpot payout
machine.
5. A facility operator's
internal controls shall include procedures and controls documenting:
a. A jackpot or credit meter payout
transaction at an automated jackpot payout machine; and
b. Reconciliation and replenishment of an
automated jackpot payout machine.
GG. Access to bill validators, cash storage,
and table game drop boxes.
1. Access.
a. A facility operator shall control access
to a bill validator, a cash storage box housed in a slot machine, table game,
or other casino game drop box in accordance with this subsection.
b. Access to a bill validator shall be
controlled by:
(1) At least one lock;
and
(2) A key to the lock that is
required to be maintained by the security department.
c. The cash storage box shall be secured to a
bill validator by two separate locks, the keys to which are different from each
other, and, for the lock on the belly door or main door of the casino gaming
machine:
(1) The key shall be controlled by
the casino gaming machine department in:
(a) A
manual key box; or
(b) An automated
key tracking system;
(2)
Immediately prior to the commencement of the drop, the casino gaming machine
department may issue its belly door or main door key to the accounting
department;
(3) A key transferred
from the casino gaming machine department to the accounting department shall be
returned immediately following the conclusion of the drop;
(4) The facility operator shall establish
sign in and sign out procedures in its internal controls documenting the
transfers; and
(5) If an automated
key tracking system is used, a facility operator shall require dual access from
the security department and accounting department to obtain keys.
d. The lock on the release
mechanism securing the cash storage box to the bill validator shall be
controlled by the security department.
e. Access to the contents of a cash storage
box shall be controlled by:
(1) At least one
lock; and
(2) A key to the lock
that is required to be maintained by the accounting department.
2. Control. A facility
operator shall either:
a. Assign to a cash
storage box an asset number that:
(1) Is
permanently imprinted or affixed to the outside of the cash storage box;
and
(2) Corresponds to the asset
number of the casino gaming machine in which the cash storage box is installed;
or
b. With the written
approval of the department, utilize a computerized system for:
(1) Assigning a unique identification number
to a cash storage box; and
(2)
Attributing it to the casino gaming machine in which the cash storage box is
installed.
3. A
facility operator shall ensure that an asset number or unique identification
number on a cash storage box is clearly visible to:
a. An employee involved in removing or
replacing a cash storage box; and
b. The surveillance department.
4. A facility operator may
maintain an emergency cash storage box without an asset number or a unique
identification number if:
a. The word
"emergency" is permanently imprinted or affixed on the box; and
b. When put into use, the cash storage box is
temporarily marked with the asset number of the casino gaming machine in which
it is installed.
5. Table
game drop box.
a. A table game shall have a
secure tamper-resistant table game drop box attached to it in which the
following shall be deposited:
(1) Copies of
fill request slips, fill slips, and table inventory slips; and
(2) Other table game wagering instruments
approved by the department.
b. A table game drop box shall have:
(1) One lock securing the contents deposited
into it;
(2) A separate lock
securing the table game drop box to the gaming table, the key to which must be
different from the keys to the locks securing the contents of the table game
drop box;
(3) A slot opening
through which currency, value chips, or poker rake chips for nonbanking games,
other table game wagering instruments approved by the department, and required
instruments can be inserted into it;
(4) A mechanical device that automatically
closes and locks the slot opening upon removal of the table game drop box from
the gaming table; and
(5)
Permanently imprinted or impressed thereon, and clearly visible to
surveillance, either:
(a) A number
corresponding to a unique permanent number on the gaming table to which the
table game drop box is attached and at least one letter indicating the type of
game; and
(b) The word
"emergency".
c.
In addition to the requirements of subdivision 5 b (5) of this subsection, a
table game drop box may also be identified by a bar code label that is securely
affixed to the table game drop box and shall be:
(1) At a minimum, encoded with the
information required by subdivision 5 b (5) of this subsection; and
(2) Prepared in accordance with the facility
operator's approved internal controls.
d. The security department shall control the
key used to release a table game drop box from a table game in a manual key box
or an automated key tracking system.
(1)
Immediately prior to the commencement of the table game count process, the
security department may issue its release key to the count room supervisor for
the purpose of resetting the release mechanism on empty table game drop
boxes;
(2) A key transferred by the
security department shall be immediately returned after the conclusion of the
table game drop box count;
(3) In
its internal controls, a facility operator shall establish sign-in and sign-out
procedures governing key transfers and control of a key during breaks taken by
count room personnel; and
(4) If an
automated key tracking system is used, a facility operator shall require dual
access from the security department and accounting department to obtain
keys.
e. The keys to the
table game drop box locks required under subdivision 5 b (1) of this subsection
shall be controlled by the accounting department.
f. Before using a table game drop box labeled
"Emergency" for a table game, a facility manager shall:
(1) Obtain verbal approval of department
compliance personnel; and
(2)
Temporarily mark the emergency table game drop box with the number of the
gaming table and at least one letter indicating the game type.
HH. Collection
of cash storage and table game drop boxes.
1.
At least 30 days before casino gaming operations are to commence, a facility
operator shall submit to the department in writing a drop schedule setting
forth:
a. Specific pick-up days and times for
collection of cash storage and table game drop boxes and requirements that:
(1) Cash storage boxes may not be commingled
with table game drop boxes;
(2)
Unless a drop box is from a table game pit that was never opened for gaming on
that gaming day, table game drop boxes shall be collected once each gaming day;
and
(3) The facility operator shall
notify the department by telephone and in writing one hour in advance of
changes to the table game drop box collection schedule.
b. Specifications as to what areas of the
gaming floor will be covered on each pick-up day; and
c. Specific transportation routes to be
utilized from the gaming floor to the count room on each pick-up day.
2. A facility operator shall
notify the department:
a. In writing of a
permanent change in the drop schedule including a pick-up day or time, area of
the floor to be dropped, or transportation route; and
b. Prior to any temporary deviation from the
drop schedule.
3. A
facility operator shall make readily available to the department:
a. An access control matrix indicating which
employee job descriptions are authorized to participate in the cash storage and
table game drop box collection process; and
b. A list of employees, with license numbers,
who are authorized to participate in the cash storage and table game drop box
collection process.
4. A
facility operator shall develop and include in the internal controls submitted
to and approved by the department procedures addressing the collection of cash
storage and table game drop boxes.
5. A facility operator's internal controls
shall:
a. Detail the actual procedures to be
performed and documentation to be generated by drop team employees collecting
cash storage and table game drop boxes:
(1) In
accordance with the drop schedule; and
(2) On an emergency basis; and
b. Require:
(1) Cash storage and table game drop boxes to
be transported directly to, and secured in:
(a) The count room; or
(b) A trolley storage area approved by the
department;
(2) The cash
storage and table game drop box collection process to involve the participation
of at least three employees, at least one of whom is an employee of the
security department.
(3) Prior to
the movement of a trolley containing cash storage boxes from the gaming floor
into the count room, an accounting department supervisor to verify that the
number of cash storage boxes being transported from the gaming floor equals the
number of cash storage boxes scheduled for collection that day;
(4) Prior to the movement of a trolley
containing table game drop boxes from the gaming floor into the count room, an
accounting department supervisor or floorperson or above to verify that the
number of table game drop boxes being transported from the gaming floor equals
the number of table game drop boxes scheduled for collection; and
(5) Prior to changing the type of table game
offered or removing a casino gaming machine or table game from the gaming
floor, that an emergency drop shall be conducted.
6. A facility operator shall
transport cash storage and table game drop boxes in an enclosed trolley secured
by one lock that has a key that is controlled by the security
department.
7. A facility operator
shall store cash storage and table game drop boxes not attached to a bill
validator, including emergency cash storage and table game drop boxes that are
not actively in use:
a. In the count room in
an area approved by the department;
b. In a trolley storage area approved by the
department; or
c. In another
location at the facility approved by the department.
8. The cabinet or trolley used for storage
under subdivision 7 of this subsection shall be secured by one lock that has a
key which is controlled by the security department in:
a. A manual key box; or
b. An automated key tracking
system.
9. Immediately
prior to the commencement of the count process, the security department may
issue its key to the storage cabinet or trolley required under subdivision 7 of
this subsection to a count room supervisor for the purpose of allowing count
room personnel to gain access to the cash storage or table game drop boxes to
be counted.
10. A trolley storage
area utilized to store cash storage or table game drop boxes prior to the count
process shall meet the design standards for a count room under subsection JJ of
this section.
II. Count
room design standards.
1. A facility operator
shall have a count room designated, designed, and used for counting the
contents of cash storage and table game drop boxes at a location approved by
the department.
2. A count room
shall:
a. Be constructed of materials and have
an interior design that provides maximum security over the assets stored, and
the activities conducted in, the room;
b. Meet the surveillance requirements of
subsection J of this section, including audio coverage of the count process;
and
c. Be constructed with doors
equipped with:
(1) An alarm system that tracks
all ingress to and egress from the room and that:
(a) Directly alerts the security department;
or
(b) Directly, or through a
documented communications protocol, alerts the surveillance department;
and
(2) A locking
mechanism with key backup, or a key that is:
(a) Different from the key to any other door
to the count room;
(b) Different
from the keys to the locks securing each cash storage and table game drop box;
and
(c) Controlled by the security
department or the accounting department.
3. A facility operator shall
install in its count room a table constructed of clear glass or similar
transparent material to be used for the emptying, counting, and recording of
the contents of cash storage and table game drop boxes.
JJ. Accounting controls for a count room.
1. At least 30 days before casino gaming
operations are to commence, a facility operator shall submit to the department
a count schedule setting forth the specific times during which cash storage and
table game drop boxes are to be counted and recorded.
2. A facility operator shall notify the
department in writing of any:
a. Permanent
change in the count schedule; and
b. Temporary deviation from the count
schedule.
3. Count
frequency.
a. A facility operator shall count
the contents of each cash storage box at least once every seven days unless an
alternative count schedule is submitted in writing to and approved in writing
by the department.
b. A facility
operator shall count the contents of each table game drop box at least once
each gaming day unless an alternative count schedule is submitted to, and
approved in writing by, the department.
c. Unless no gaming is conducted or otherwise
offered at the casino gaming facility, a facility operator shall count the
contents of each table game drop box at least once each gaming day.
d. The following shall be counted and
recorded separately:
(1) Table game drop boxes
from banking games; and
(2) Table
game drop boxes from nonbanking games.
4. A facility operator shall develop and
include in the internal controls submitted to and approved by the department
procedures to address the counting and recording of cash storage and table game
drop boxes.
5. A facility
operator's internal controls shall:
a. Detail
all hardware, software, and related equipment utilized by the facility operator
to conduct the count;
b. Detail the
actual procedures to be performed and documentation to be generated by:
(1) Count team employees conducting the
counting process; and
(2) The main
bank cashier in verifying and accepting the count;
c. Require computerized equipment utilized to
count and strap currency, gaming tickets, and promotional play instruments to:
(1) Conduct two separate counts;
(2) If the separate counts are not in
agreement, document the discrepancy;
(3) Be capable of determining the amount of a
gaming ticket or promotional play instrument by independently examining
information printed on the gaming ticket or promotional play instrument and:
(a) Calculating the amount internally;
or
(b) Obtaining the amount
directly from a gaming ticket system or promotional play system in a secure
manner; and
(4) If a
gaming ticket system or promotional play system is utilized to obtain the
amount of a gaming ticket or promotional play instrument, require the system to
perform a calculation or integrity check to ensure that the amount of the
gaming ticket or promotional play instrument has not been altered in the system
in any manner since the time of issuance;
d. Require a count room employee to:
(1) Wear a one-piece, pocketless
garment;
(2) Carry only a handbag
or other container constructed of transparent material; and
(3) Remove the count room employee's hands
from, or return them to, a position on or above the count table or counting
equipment only after holding the backs and palms of the hands straight out and
exposing them to the view of other employees of the count team and a
surveillance camera; and
e. Prior to the commencement of the count,
require a count room employee to notify the surveillance department and receive
confirmation that recording of the count process has commenced.
6. Table game drop box count
requirements.
a. The department may require
that the table game drop box be conducted in the presence of a department
compliance representative.
b. After
the contents of each table game drop box from a banking table game are counted,
a member of the count team shall record on a three-part Daily Banking Table
Game Count Report or electronic equivalent prepared on a computer system, the:
(1) Value of each denomination of currency
counted;
(2) Total value of all
denominations of currency counted;
(3) Gaming date of the items being
recorded;
(4) Total number of
banking table game drop boxes opened and counted; and
(5) Current date.
c. After the contents of each table game drop
box from a nonbanking table game are counted, a member of the count team shall
record on a three-part Daily Nonbanking Table Game Count Report or electronic
equivalent prepared on a computer system the:
(1) Value of poker rake chips
counted;
(2) Value of value chips
counted;
(3) Total value of poker
rake chips and value chips counted;
(4) Gaming date of the items being
recorded;
(5) Total number of
nonbanking table game drop boxes opened and counted; and
(6) Current date.
d. After the preparation of the Daily Banking
Table Game Count Report and the Daily Nonbanking Table Game Count Report, the
count team members and the count room supervisor shall sign the reports
attesting to the accuracy of the information recorded thereon.
e. After the contents of all table game drop
boxes have been counted, all cash, value chips, and poker rake chips shall be
presented in the count room by a count team member to a main bank cashier or
cage supervisor who, prior to having access to the information recorded on the
Daily Banking Table Game Count Report and Daily Nonbanking Table Game Count
Report, and in the presence of the count team members and, if required, a
department compliance representative, shall recount the currency, value chips,
and poker rake chips as follows:
(1) The main
bank cashier or cage supervisor may bulk count all strapped currency;
(2) The department compliance representative
may direct that currency straps be recounted by the main bank cashier or cage
supervisor if a discrepancy is discovered during the initial bulk recount;
and
(3) All partial straps, loose
currency, mutilated or torn currency, value chips, and poker rake chips shall
be recounted by the main bank cashier or cage supervisor.
f. Upon completion of the recount, the main
bank cashier or cage supervisor shall attest to the accuracy of the count by
signature on the Daily Banking Table Game Count Report and Daily Nonbanking
Table Game Count Report.
g. The
Daily Banking Table Game Count Report and the Daily Nonbanking Table Game Count
Report shall be distributed as follows:
(1)
Immediately after leaving the count room, the count room supervisor shall
deliver the original to revenue audit or place it in a secure locked box
controlled by revenue audit;
(2)
The department compliance representative who observed the count shall retain
the second copy; and
(3) The cage
supervisor or main bank cashier shall retain the third copy.
h. Immediately after leaving the
count room, the count room supervisor shall deliver any additional documents
contained in the table game drop boxes to revenue audit or place the documents
in a secured locked box controlled by revenue audit, including:
(1) Requests for fills;
(2) Fill slips; and
(3) Table inventory slips.
i. A count room employee shall
conduct a thorough inspection of the count room and all counting equipment in
the count room to verify that no currency, chips, checks, vouchers, coupons, or
other documentation remains in the room.
7. A gaming ticket or promotional play
instrument accepted by a cash storage or table game drop box shall be counted
and included in the calculation of proceeds without regard to the validity of
the gaming ticket or promotional play instrument.
8. A promotional play instrument that is not
canceled upon acceptance or during the count process shall be canceled prior to
the conclusion of the count.
9. A
facility operator shall report in writing to the department within seven days
of the count:
a. Any variance between the
actual count of cash, gaming tickets, and promotional play instruments in a
cash storage box as determined in the count room and the amount for that
particular cash storage box recorded on the:
(1) Facility operator's casino gaming
machine; and
(2) If the data has
been made available to the facility operator, the central monitor and control
system;
b. The reason for
the variance; and
c. Corrective
action taken or adjustments made.
KK. Player complaints.
1. A facility operator shall attempt to
timely resolve a dispute with a player concerning operation of a casino game,
or payment of alleged winnings by establishing a process that includes:
a. Developing and publishing procedures by
which a player may file a complaint with the facility operator in person, in
writing, online, or by other means concerning operation of a casino game or
payment of alleged winnings;
b.
Responding to any such complaint in writing, via email, or via live chat within
15 days of the filing of the complaint, and if a player requests relief in a
complaint and the requested relief or part thereof will not be granted,
including in the response to the complaint the reasons for the denial of relief
with specificity; and
c. If the
response to a complaint is that additional information is needed, providing the
player the form and nature of the information that is necessary, and when the
additional information is received, responding to the complaint within seven
days of receipt of the additional information.
2. A facility operator that is unable to
resolve a dispute with a player within three days of notice of the dispute
shall notify the department of the dispute.
3. On receipt of notice by the facility
operator of the dispute, the department shall provide the player with a
department player complaint form together with instructions for completing and
submitting the form.
4. The
department shall investigate a complaint submitted to the department and notify
the player and facility operator of its determination.
5. The department may provide a player with a
complaint form at any time upon request.
6. All complaints received by a facility
operator from a player and the facility operator's responses to complaints,
including email and live chat transcripts, shall be retained by the facility
operator for at least four years and made available to the department within
seven days of any request from the department.
LL. Possession of a weapon in a facility.
1. Except as otherwise provided in this
subsection, an individual may not possess in a facility a firearm, stun weapon
as defined in § 18.2-308.1 of the Code of Virginia; other dangerous
weapon, including any defined in § 18.2-308 of the Code of Virginia; or
other device or object designed to be used to inflict pain or cause
injury.
2. The prohibition in
subdivision 1 of this subsection:
a. Applies
to all employees and contractors of the facility operator including security
department employees; and
b. Does
not apply to:
(1) An on-duty officer or agent
of a local, state, or federal law-enforcement agency having proper jurisdiction
over the facility when the officer or agent is acting in an official
capacity;
(2) An individual who is
employed by an armored car company or other entity that is under contract with
the facility to transport cash or a cash equivalent; or
(3) An individual authorized by the
department to possess a weapon or device identified in subdivision 1 of this
subsection.
3.
An individual requesting department authorization to possess a weapon
identified in subdivision 1 of this subsection in a facility shall submit to
the department in writing a request documenting:
a. A compelling need to possess a weapon in
the facility;
b. That the
individual is lawfully in possession of the weapon under applicable federal and
state law; and
c. That the
individual has received training in the possession and use of the
weapon.
MM.
Signs.
1. A facility operator shall construct
all signs required under this chapter using a color scheme and font size
reasonably expected to produce a sign that is readily visible to and readable
by an individual entering the facility.
2. A facility operator shall post signs
containing the following messages in a conspicuous location not more than 20
feet from each customer entrance to the facility: "An individual, including an
off-duty officer or agent of a local, state or federal law enforcement agency,
may not possess a weapon or other device designed to be used to inflict pain or
cause injury in (name of facility) without the prior written approval of the
Virginia Lottery."
NN.
Acceptance of tips or gratuities.
1. Except as
otherwise provided in this subsection:
a. A
supervisory gaming employee of a facility is prohibited from soliciting or
accepting a tip or gratuity directly from a player;
b. A gaming employee is prohibited from
soliciting a tip or gratuity from a player; and
c. A facility operator may permit an employee
who is authorized to accept a gratuity from a player to accept a gaming ticket
if the gaming ticket is redeemed:
(1) At the
cashiers' cage; and
(2) With
approval of the employee's department supervisor, if the amount of the gaming
ticket exceeds $100.
2. At least 30 days before table game
operations are to commence, a facility operator shall submit to the department
for approval internal controls relating to the acceptance of tips or gratuities
by dealers at banking and nonbanking table games.
3. Except as provided in subdivision 7 of
this subsection, a dealer shall immediately deposit all tips and gratuities
into a transparent locked box reserved for tips and gratuities, and:
a. If roulette chips are received as a tips
or gratuity, the marker button indicating the specific value of the roulette
chips may not be removed until after the dealer, in the presence of a
floorperson or above, has converted the roulette chips into value chips that
shall then be immediately deposited in the transparent locked box reserved for
tips and gratuities;
b. Tip and
gratuities shall be:
(1) Collected and
accounted for at least once each gaming day; and
(2) Placed in a common pool for distribution
pro rata among all dealers in accordance with subdivision 5 of this subsection;
and
c. A facility
operator may include dealer supervisors in the common pool.
4. Upon receipt of a tip or
gratuity from a player, the dealer shall extend the dealer's arm in an overt
motion and deposit the tip or gratuity in the locked box reserved for tips and
gratuities.
5. Tips and gratuities
placed in a common pool shall be distributed pro rata among the dealers in the
pool based on the number of hours worked and based on any standards for
distribution established by a facility operator, which may include:
a. Hours of vacation time, personal leave
time, or any other authorized leave of absence in the number of hours worked by
each employee; and
b. Different
full-time or part-time employees.
6. A distribution of tips and gratuities from
a common pool shall occur no more than once every seven calendar
days.
7. Notwithstanding the
requirements of subdivision 3 of this subsection, a facility operator that
offers the game of poker:
a. May establish a
separate common pool for tips and gratuities received by its poker dealers;
or
b. If it allows a poker dealer
to retain the poker dealer's own tips and gratuities, shall require:
(1) Tips and gratuities received by a poker
dealer to be deposited in a transparent locked box assigned to the particular
dealer; and
(2) That the
transparent locked box be moved from table to table with the dealer.
8. If a facility
operator elects to follow the requirements of subdivision 7 b of this
subsection, at the end of the poker dealer's shift:
a. The dealer shall take the transparent
locked box assigned to the dealer to a cage cashier; and
b. The cage cashier shall open the container
and count the tips and gratuities in the presence of the poker dealer, and
record the total amount of the tips and gratuities received by the dealer, and:
(1) Return the tips and gratuities to the
dealer; or
(2) Retain all or a
portion of the tips and gratuities for inclusion in the dealer's
paycheck.
9. If
a facility operator elects to follow the requirements of subdivision 7 b of
this subsection and has established a gaming industry tip and compliance
agreement, subdivision 8 of this subsection does not apply.
10. A facility operator shall specify in its
internal controls how dealer tips and gratuities will be reported to the
Internal Revenue Service.
OO. Off-site customer service location.
1. A facility operator may establish an
off-site customer service location for a player to create a player account and
make a deposit under subsection U of this section.
2. A facility operator that uses an off-site
customer service location shall have internal controls that require:
a. Establishment of a compliance program that
is updated to include the off-site customer service location
operation;
b. Identification of
the:
(1) Address of the off-site customer
service location;
(2) Date the
off-site customer service location is expected to open;
(3) Name and contact information of the
off-site customer service location manager;
(4) Off-site customer service location
telephone numbers;
(5) Off-site
customer service location normal hours of operation; and
(6) An organization chart listing all
positions that will have responsibility over Virginia operations related to the
off-site customer service location;
c. Commencement of operations at an off-site
customer service location operation only after receiving department
approval;
d. An Off-Site Customer
Service Location Report to be maintained by the licensee and updated quarterly
to include the following for each off-site customer service location:
(1) Address and telephone numbers;
(2) If applicable, opening and closing
date;
(3) Name of the off-site
customer service location manager;
(4) Off-site customer service location normal
hours of operation; and
(5)
Year-to-date and previous calendar year dollar amounts of the following
Virginia-specific transactions received or disbursed and controlled by the
off-site customer service location:
(a) Cash
deposits, noncash deposits, and total deposits; and
(b) Cash withdrawals, noncash withdrawals,
and total withdrawals;
e. An Off-Site Customer Service Location
Report to be submitted to the department no later than 30 days after the end of
the calendar year;
f. An off-site
customer service location to maintain the following records for Virginia casino
gaming operations:
(1) A separate monthly log,
by day, of all funds deposited and withdrawn that includes:
(a) Player's name on an account to which the
funds are being applied;
(b) Name
of the individual making the payment;
(c) Date of deposit or withdrawal;
(d) Amount of deposit or
withdrawal;
(e) Whether the
transfer of funds was made by cash, check, or other financial instrument;
and
(f) New ending account balance;
and
(2) Monthly record of
currency exchange rate gains and losses and money changer fees in conjunction
with a player's transactions that includes:
(a) Player's name;
(b) Date of receipt; and
(c) Amount of payment; and
g. Any costs associated
with the department's audit or review of an off-site customer service location
operation to be reimbursed by the facility operator to the
department.
3. An
off-site customer service location may not open until the department approves:
a. The internal controls required by this
subsection; and
b. An activation
request submitted by the facility to the department.
Statutory Authority: §§ 58.1-4101 and 58.1-4102
of the Code of Virginia.