Legislation
SECTION 1335
Games and gaming equipment
Racing, Pari-Mutuel Wagering and Breeding Law (PML) CHAPTER 47-A, ARTICLE 13, TITLE 5
§ 1335. Games and gaming equipment. 1. This article shall not be
construed to permit any gaming except the conduct of authorized games in
a casino in accordance with this article and the regulations promulgated
hereunder.
2. Gaming equipment shall not be possessed, maintained or exhibited by
any person on the premises of a gaming facility except in a casino or in
restricted casino areas used for the inspection, repair or storage of
such equipment and specifically designated for that purpose by the
gaming facility licensee with the approval of the commission. Gaming
equipment that supports the conduct of gaming in a gaming facility but
does not permit or require patron access, such as computers, may be
possessed and maintained by a gaming facility licensee or a qualified
holding or intermediary company of a gaming facility licensee in
restricted areas specifically approved by the commission. No gaming
equipment shall be possessed, maintained, exhibited, brought into or
removed from a gaming facility by any person unless such equipment is
necessary to the conduct of an authorized game, has permanently affixed,
imprinted, impressed or engraved thereon an identification number or
symbol authorized by the commission, is under the exclusive control of a
gaming facility licensee or gaming facility licensee's employees, or of
any individually qualified employee of a holding company or gaming
facility licensee and is brought into or removed from the gaming
facility following twenty-four hour prior notice given to an authorized
agent of the commission.
Notwithstanding any other provision of this section, computer
equipment used by the slot system operator of a multi-casino progressive
slot system to link and communicate with the slot machines of two or
more gaming facility licensees for the purpose of calculating and
displaying the amount of a progressive jackpot, monitoring the operation
of the system, and any other purpose that the commission deems necessary
and appropriate to the operation or maintenance of the multi-casino
progressive slot machine system may, with the prior approval of the
commission, be possessed, maintained and operated by the slot system
operator either in a restricted area on the premises of a gaming
facility or in a secure facility inaccessible to the public and
specifically designed for that purpose off the premises of a gaming
facility with the written permission of the commission. Notwithstanding
the foregoing, a person may, with the prior approval of the commission
and under such terms and conditions as may be required by the
commission, possess, maintain or exhibit gaming equipment in any other
area of the gaming facility, provided that such equipment is used for
nongaming purposes. Notwithstanding any other provision of this article
to the contrary, the commission may, by regulation, authorize the
linking of slot machines of one or more gaming facility licensees and
slot machines located in casinos licensed by another state of the United
States. Wagering and account information for a multi-state slot system
shall be transmitted by the operator of such multi-state slot system to
either a restricted area on the premises of a gaming facility or to a
secure facility inaccessible to the public and specifically designed for
that purpose with the written permission of the commission, and from
there to slot machines of gaming facility licensees, provided all
locations are approved by the commission.
3. Each gaming facility shall contain a count room and such other
secure facilities as may be required by the commission for the counting
and storage of cash, coins, tokens, checks, plaques, gaming vouchers,
coupons, and other devices or items of value used in wagering and
approved by the commission that are received in the conduct of gaming
and for the inspection, counting and storage of dice, cards, chips and
other representatives of value. The commission shall promulgate
regulations for the security of drop boxes and other devices in which
the foregoing items are deposited at the gaming tables or in slot
machines, and all areas wherein such boxes and devices are kept while in
use, which regulations may include certain locking devices. Said drop
boxes and other devices shall not be brought into or removed from a
gaming facility, or locked or unlocked, except at such times, in such
places, and according to such procedures as the commission may require.
4. All chips used in gaming shall be of such size and uniform color by
denomination as the commission shall require by regulation.
5. All gaming shall be conducted according to rules promulgated by the
commission. All wagers and pay-offs of winning wagers shall be made
according to rules promulgated by the commission, which shall establish
such limitations as may be necessary to assure the vitality of casino
operations and fair odds to patrons. Each slot machine shall have a
minimum payout of eighty-five percent.
6. Each gaming facility licensee shall make available in printed form
to any patron upon request the complete text of the rules of the
commission regarding games and the conduct of gaming, pay-offs of
winning wagers, an approximation of the odds of winning for each wager,
and such other advice to the player as the commission shall require.
Each gaming facility licensee shall prominently post within a casino,
according to regulations of the commission such information about gaming
rules, pay-offs of winning wagers, the odds of winning for each wager,
and such other advice to the player as the commission shall require.
7. Each gaming table shall be equipped with a sign indicating the
permissible minimum and maximum wagers pertaining thereto. It shall be
unlawful for a gaming facility licensee to require any wager to be
greater than the stated minimum or less than the stated maximum;
provided, however, that any wager actually made by a patron and not
rejected by a gaming facility licensee prior to the commencement of play
shall be treated as a valid wager.
8. Testing of slot machines and associated devices. (a) Except as
herein provided, no slot machine shall be used to conduct gaming unless
it is identical in all electrical, mechanical and other aspects to a
model thereof which has been specifically tested and licensed for use by
the commission. The commission shall also test or cause to be tested any
other gaming device, gaming equipment, gaming-related device or
gross-revenue related device, such as a slot management system,
electronic transfer credit system or gaming voucher system as it deems
appropriate. In its discretion and for the purpose of expediting the
approval process, the commission may utilize the services of a private
testing laboratory that has obtained a plenary license as a casino
vendor enterprise to perform the testing, and may also utilize
applicable data from any such private testing laboratory or from a
governmental agency of a state authorized to regulate slot machines and
other gaming devices, gaming equipment, gaming-related devices and
gross-revenue related devices used in gaming, if the private testing
laboratory or governmental agency uses a testing methodology
substantially similar to the methodology approved or utilized by the
commission. The commission, in its discretion, may rely upon the data
provided by the private testing laboratory or governmental agency and
adopt the conclusions of such private testing laboratory or governmental
agency regarding any submitted device.
(b) Except as otherwise provided in paragraph (e) of this subdivision,
the commission shall, within sixty days of its receipt of a complete
application for the testing of a slot machine or other gaming equipment
model, approve or reject the slot machine or other gaming equipment
model. In so doing, the commission shall specify whether and to what
extent any data from a private testing laboratory or governmental agency
of a state was used in reaching its conclusions and recommendation. If
the commission is unable to complete the testing of a slot machine or
other gaming equipment model within this sixty day period, the
commission may conditionally approve the slot machine or other gaming
equipment model for test use by a gaming facility licensee provided that
the commission represents that the use of the slot machine or other
gaming equipment model will not have a direct and materially adverse
impact on the integrity of gaming or the control of gross revenue. The
commission shall give priority to the testing of slot machines or other
gaming equipment that a gaming facility licensee has certified it will
use in its gaming facility in this state.
(c) The commission shall, by regulation, establish such technical
standards for licensure of slot machines, including mechanical and
electrical reliability, security against tampering, the
comprehensibility of wagering, and noise and light levels, as it may
deem necessary to protect the player from fraud or deception and to
insure the integrity of gaming. The denominations of such machines shall
be set by the licensee; the licensee shall simultaneously notify the
commission of the settings.
(d) The commission shall, by regulation, determine the permissible
number and density of slot machines in a licensed gaming facility so as
to:
(1) promote optimum security for gaming facility operations;
(2) avoid deception or frequent distraction to players at gaming
tables;
(3) promote the comfort of patrons;
(4) create and maintain a gracious playing environment in the gaming
facility; and
(5) encourage and preserve competition in gaming facility operations
by assuring that a variety of gaming opportunities is offered to the
public.
Any such regulation promulgated by the commission which determines the
permissible number and density of slot machines in a licensed gaming
facility shall provide that all casinos shall be included in any
calculation of the permissible number and density of slot machines in a
licensed gaming facility.
(e) Any new gaming equipment that is submitted for testing to the
commission or to a state licensed independent testing laboratory prior
to or simultaneously with submission of such new equipment for testing
in a jurisdiction other than this state, may, consistent with
regulations promulgated by the commission, be deployed by a gaming
facility licensee on the casino fourteen days after submission of such
equipment for testing. If the gaming facility or casino vendor
enterprise licensee has not received approval for the equipment fourteen
days after submission for testing, any interested gaming facility
licensee may, consistent with commission regulations, deploy the
equipment on a field test basis, unless otherwise directed by the
executive director.
9. It shall be unlawful for any person to exchange or redeem chips for
anything whatsoever, except for currency, negotiable personal checks,
negotiable counter checks, other chips, coupons, slot vouchers or
complimentary vouchers distributed by the gaming facility licensee, or,
if authorized by regulation of the commission, a valid charge to a
credit or debit card account. A gaming facility licensee shall, upon the
request of any person, redeem that licensee's gaming chips surrendered
by that person in any amount over one hundred dollars with a check drawn
upon the licensee's account at any banking institution in this state and
made payable to that person.
10. It shall be unlawful for any gaming facility licensee or its
agents or employees to employ, contract with, or use any shill or barker
to induce any person to enter a gaming facility or play at any game or
for any purpose whatsoever.
11. It shall be unlawful for a dealer in any authorized game in which
cards are dealt to deal cards by hand or other than from a device
specifically designed for that purpose, unless otherwise permitted by
the rules of the commission.
construed to permit any gaming except the conduct of authorized games in
a casino in accordance with this article and the regulations promulgated
hereunder.
2. Gaming equipment shall not be possessed, maintained or exhibited by
any person on the premises of a gaming facility except in a casino or in
restricted casino areas used for the inspection, repair or storage of
such equipment and specifically designated for that purpose by the
gaming facility licensee with the approval of the commission. Gaming
equipment that supports the conduct of gaming in a gaming facility but
does not permit or require patron access, such as computers, may be
possessed and maintained by a gaming facility licensee or a qualified
holding or intermediary company of a gaming facility licensee in
restricted areas specifically approved by the commission. No gaming
equipment shall be possessed, maintained, exhibited, brought into or
removed from a gaming facility by any person unless such equipment is
necessary to the conduct of an authorized game, has permanently affixed,
imprinted, impressed or engraved thereon an identification number or
symbol authorized by the commission, is under the exclusive control of a
gaming facility licensee or gaming facility licensee's employees, or of
any individually qualified employee of a holding company or gaming
facility licensee and is brought into or removed from the gaming
facility following twenty-four hour prior notice given to an authorized
agent of the commission.
Notwithstanding any other provision of this section, computer
equipment used by the slot system operator of a multi-casino progressive
slot system to link and communicate with the slot machines of two or
more gaming facility licensees for the purpose of calculating and
displaying the amount of a progressive jackpot, monitoring the operation
of the system, and any other purpose that the commission deems necessary
and appropriate to the operation or maintenance of the multi-casino
progressive slot machine system may, with the prior approval of the
commission, be possessed, maintained and operated by the slot system
operator either in a restricted area on the premises of a gaming
facility or in a secure facility inaccessible to the public and
specifically designed for that purpose off the premises of a gaming
facility with the written permission of the commission. Notwithstanding
the foregoing, a person may, with the prior approval of the commission
and under such terms and conditions as may be required by the
commission, possess, maintain or exhibit gaming equipment in any other
area of the gaming facility, provided that such equipment is used for
nongaming purposes. Notwithstanding any other provision of this article
to the contrary, the commission may, by regulation, authorize the
linking of slot machines of one or more gaming facility licensees and
slot machines located in casinos licensed by another state of the United
States. Wagering and account information for a multi-state slot system
shall be transmitted by the operator of such multi-state slot system to
either a restricted area on the premises of a gaming facility or to a
secure facility inaccessible to the public and specifically designed for
that purpose with the written permission of the commission, and from
there to slot machines of gaming facility licensees, provided all
locations are approved by the commission.
3. Each gaming facility shall contain a count room and such other
secure facilities as may be required by the commission for the counting
and storage of cash, coins, tokens, checks, plaques, gaming vouchers,
coupons, and other devices or items of value used in wagering and
approved by the commission that are received in the conduct of gaming
and for the inspection, counting and storage of dice, cards, chips and
other representatives of value. The commission shall promulgate
regulations for the security of drop boxes and other devices in which
the foregoing items are deposited at the gaming tables or in slot
machines, and all areas wherein such boxes and devices are kept while in
use, which regulations may include certain locking devices. Said drop
boxes and other devices shall not be brought into or removed from a
gaming facility, or locked or unlocked, except at such times, in such
places, and according to such procedures as the commission may require.
4. All chips used in gaming shall be of such size and uniform color by
denomination as the commission shall require by regulation.
5. All gaming shall be conducted according to rules promulgated by the
commission. All wagers and pay-offs of winning wagers shall be made
according to rules promulgated by the commission, which shall establish
such limitations as may be necessary to assure the vitality of casino
operations and fair odds to patrons. Each slot machine shall have a
minimum payout of eighty-five percent.
6. Each gaming facility licensee shall make available in printed form
to any patron upon request the complete text of the rules of the
commission regarding games and the conduct of gaming, pay-offs of
winning wagers, an approximation of the odds of winning for each wager,
and such other advice to the player as the commission shall require.
Each gaming facility licensee shall prominently post within a casino,
according to regulations of the commission such information about gaming
rules, pay-offs of winning wagers, the odds of winning for each wager,
and such other advice to the player as the commission shall require.
7. Each gaming table shall be equipped with a sign indicating the
permissible minimum and maximum wagers pertaining thereto. It shall be
unlawful for a gaming facility licensee to require any wager to be
greater than the stated minimum or less than the stated maximum;
provided, however, that any wager actually made by a patron and not
rejected by a gaming facility licensee prior to the commencement of play
shall be treated as a valid wager.
8. Testing of slot machines and associated devices. (a) Except as
herein provided, no slot machine shall be used to conduct gaming unless
it is identical in all electrical, mechanical and other aspects to a
model thereof which has been specifically tested and licensed for use by
the commission. The commission shall also test or cause to be tested any
other gaming device, gaming equipment, gaming-related device or
gross-revenue related device, such as a slot management system,
electronic transfer credit system or gaming voucher system as it deems
appropriate. In its discretion and for the purpose of expediting the
approval process, the commission may utilize the services of a private
testing laboratory that has obtained a plenary license as a casino
vendor enterprise to perform the testing, and may also utilize
applicable data from any such private testing laboratory or from a
governmental agency of a state authorized to regulate slot machines and
other gaming devices, gaming equipment, gaming-related devices and
gross-revenue related devices used in gaming, if the private testing
laboratory or governmental agency uses a testing methodology
substantially similar to the methodology approved or utilized by the
commission. The commission, in its discretion, may rely upon the data
provided by the private testing laboratory or governmental agency and
adopt the conclusions of such private testing laboratory or governmental
agency regarding any submitted device.
(b) Except as otherwise provided in paragraph (e) of this subdivision,
the commission shall, within sixty days of its receipt of a complete
application for the testing of a slot machine or other gaming equipment
model, approve or reject the slot machine or other gaming equipment
model. In so doing, the commission shall specify whether and to what
extent any data from a private testing laboratory or governmental agency
of a state was used in reaching its conclusions and recommendation. If
the commission is unable to complete the testing of a slot machine or
other gaming equipment model within this sixty day period, the
commission may conditionally approve the slot machine or other gaming
equipment model for test use by a gaming facility licensee provided that
the commission represents that the use of the slot machine or other
gaming equipment model will not have a direct and materially adverse
impact on the integrity of gaming or the control of gross revenue. The
commission shall give priority to the testing of slot machines or other
gaming equipment that a gaming facility licensee has certified it will
use in its gaming facility in this state.
(c) The commission shall, by regulation, establish such technical
standards for licensure of slot machines, including mechanical and
electrical reliability, security against tampering, the
comprehensibility of wagering, and noise and light levels, as it may
deem necessary to protect the player from fraud or deception and to
insure the integrity of gaming. The denominations of such machines shall
be set by the licensee; the licensee shall simultaneously notify the
commission of the settings.
(d) The commission shall, by regulation, determine the permissible
number and density of slot machines in a licensed gaming facility so as
to:
(1) promote optimum security for gaming facility operations;
(2) avoid deception or frequent distraction to players at gaming
tables;
(3) promote the comfort of patrons;
(4) create and maintain a gracious playing environment in the gaming
facility; and
(5) encourage and preserve competition in gaming facility operations
by assuring that a variety of gaming opportunities is offered to the
public.
Any such regulation promulgated by the commission which determines the
permissible number and density of slot machines in a licensed gaming
facility shall provide that all casinos shall be included in any
calculation of the permissible number and density of slot machines in a
licensed gaming facility.
(e) Any new gaming equipment that is submitted for testing to the
commission or to a state licensed independent testing laboratory prior
to or simultaneously with submission of such new equipment for testing
in a jurisdiction other than this state, may, consistent with
regulations promulgated by the commission, be deployed by a gaming
facility licensee on the casino fourteen days after submission of such
equipment for testing. If the gaming facility or casino vendor
enterprise licensee has not received approval for the equipment fourteen
days after submission for testing, any interested gaming facility
licensee may, consistent with commission regulations, deploy the
equipment on a field test basis, unless otherwise directed by the
executive director.
9. It shall be unlawful for any person to exchange or redeem chips for
anything whatsoever, except for currency, negotiable personal checks,
negotiable counter checks, other chips, coupons, slot vouchers or
complimentary vouchers distributed by the gaming facility licensee, or,
if authorized by regulation of the commission, a valid charge to a
credit or debit card account. A gaming facility licensee shall, upon the
request of any person, redeem that licensee's gaming chips surrendered
by that person in any amount over one hundred dollars with a check drawn
upon the licensee's account at any banking institution in this state and
made payable to that person.
10. It shall be unlawful for any gaming facility licensee or its
agents or employees to employ, contract with, or use any shill or barker
to induce any person to enter a gaming facility or play at any game or
for any purpose whatsoever.
11. It shall be unlawful for a dealer in any authorized game in which
cards are dealt to deal cards by hand or other than from a device
specifically designed for that purpose, unless otherwise permitted by
the rules of the commission.