The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise:
Act-The Pennsylvania Race Horse Development and Gaming Act (4 Pa.C.S. §§ 1101-1904).
Affiliate, affiliate of or person affiliated with-A person that directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with a specified person.
Applicant-A person, who on his own behalf or on behalf of another, is applying for permission to engage in an act or activity which is regulated under the act or this part. In cases in which the applicant is a person other than an individual, the Board will determine the associated persons whose qualifications are necessary as a precondition to the licensing of the applicant.
Application-A written request for permission to engage in an act or activity which is regulated under the act or this part.
Approved, approval or approve-The date that an application to the Board is granted regardless of the pendency of administrative or judicial appeals or other legal action challenging the decision of the Board.
Arrest-Detaining, holding, or taking into custody by police or other law enforcement authorities to answer for an alleged commission of an offense.
Associated equipment-Equipment or mechanical, electromechanical or electronic contrivance, component or machine used in connection with gaming, including the following:
BIE or Bureau-The Bureau of Investigations and Enforcement of the Board.
Background investigation-A security, criminal, credit and suitability investigation of a person as provided for in the act. The investigation must include the status of taxes owed to the United States and to the Commonwealth and its political subdivisions.
Backside area-
Board-The Pennsylvania Gaming Control Board.
Board web site-www.gamingcontrolboard.pa.gov.
Central control computer-A central site computer controlled by the Department and accessible by the Board to which all slot machines communicate for the purpose of auditing capacity, real-time information retrieval of the details of a financial event that occurs in the operation of a slot machine, including, coin in, coin out, ticket in, ticket out, jackpots, machine door openings and power failure, and remote machine activation and disabling of slot machines.
Certificate holder-A slot machine licensee that was awarded a certificate to operate table games.
Certified gaming service provider-A gaming service provider that holds a gaming provider certification.
Certified vendor-A vendor that holds a vendor certification.
Charge-An indictment, complaint, information, summons or other notice of an alleged commission of an offense.
Clerk-The Clerk to the Board's Office of Hearings and Appeals.
Collateral agreement-Any contract between a management company or its affiliates, intermediaries, subsidiaries or holding companies and a slot machine licensee or its affiliates, intermediaries, subsidiaries or holding companies that is related either directly or indirectly to a management contract or to any rights, duties or obligations created between a management company and a slot machine licensee.
Commission or Commissions-The State Horse Racing Commission or the State Harness Racing Commission, or both, as the context may require.
Compensation-A thing of value, money or a financial benefit conferred on or received by a person in return for services rendered, or to be rendered, whether by that person or another.
Complimentary-
Conduct of gaming-The licensed placement and operation of games of chance under the act or this part and approved by the Board at a licensed facility.
Confidential information-Materials that are not generally available to the public.
Controlling interest-
Conviction-
Corporation-A publicly traded corporation.
Credential-A form of identification approved and issued by the Board.
Department-The Department of Revenue of the Commonwealth.
Ex parte communication-
Federal tax identification number-The Social Security number of an individual or the Employer Identification Number of a business entity, fiduciary or other person.
Final order-One of the following:
Financial backer-An investor, mortgagee, bondholder, note holder or other source of equity or capital provided to an applicant or licensed entity.
Formal record-The pleadings in a matter or proceeding, a notice or Board order initiating the matter or proceeding, and if a hearing is held: the transcript of a hearing, exhibits received in evidence, offers of proof, motions, stipulations, subpoenas, proofs of service, determinations made by the Board thereon, and certifications to the Board.
Gaming area or gaming floor-Any portion of a licensed facility where slot machines have been installed for use or play.
Gaming employee-
Gaming service provider-
Gaming service provider certification-A certification issued by the Board authorizing a gaming service provider to provide goods or services to a slot machine licensee or applicant.
Gaming service provider registration-A registration issued by the Board authorizing a gaming service provider to provide goods or services to a slot machine licensee or applicant.
Gross terminal revenue-The total of cash or cash equivalent wagers received by a slot machine minus the total of:
Holding company-A person, other than an individual, which, directly or indirectly, owns, has the power or right to control or to vote 20% or more of the outstanding voting securities of a corporation or other form of business organization. A holding company indirectly has, holds or owns any such power, right or security if it does so through an interest in a subsidiary or successive subsidiaries.
IRS-The Internal Revenue Service of the United States.
Independent contractor-A person who performs professional, scientific, technical, advisory or consulting services to the Board for a fee, honorarium or similar compensation pursuant to a contract.
Institutional investor-A retirement fund administered by a public agency for the exclusive benefit of Federal, State or local public employees, investment company registered under the Investment Company Act of 1940 ( 15 U.S.C.A. §§ 80a -1-80 a-64), collective investment trust organized by banks under Part Nine of the Rules of the Comptroller of the Currency, closed end investment trust, chartered or licensed life insurance company or property and casualty insurance company, banking and other chartered or licensed lending institution, investment advisor registered under the Investment Advisors Act of 1940 ( 15 U.S.C.A. §§ 80b -1-80 b-21), and other persons registered in any foreign jurisdiction and regulated pursuant to a statute of any foreign jurisdiction that the Board determines to be substantially similar to either or both of the aforementioned statutes.
Intermediary-A person, other than an individual, which is:
Issued, issuance or issue-The date when a determination by the Board approving an application becomes final, binding and nonappealable and is not subject to a pending legal challenge.
Key employee-An individual who is:
License fee-The amount of money required to be paid for the issuance or renewal of any type of license required by the act or as established by the Board.
Licensed entity-A slot machine licensee, manufacturer licensee, supplier licensee or other person licensed by the Board under this part.
Licensed entity representative-A person acting on behalf of or representing the interest of an applicant, licensee, permittee or registrant, including an attorney, agent or lobbyist regarding any matter which may reasonably be expected to come before the Board.
Licensed facility-
Licensed gaming entity-A person that holds a slot machine license.
Licensed racetrack or racetrack-
Licensed racing entity-A legal entity that has obtained a license to conduct live thoroughbred or harness horse race meetings respectively with pari-mutuel wagering from either the State Horse Racing Commission or the State Harness Racing Commission under the Race Horse Industry Reform Act.
Management company-A person or legal entity which, through a Board-approved management contract with a slot machine licensee, is responsible for the management of all or part of the operation of a licensed facility.
Management contract-A contract, subcontract or collateral agreement between a management company and a slot machine licensee if the contract provides for the management of all or part of a licensed facility.
Manufacturer-A person who manufactures, builds, rebuilds, fabricates, assembles, produces, programs, designs or otherwise makes modifications to slot machines or associated equipment for use or play of slot machines in this Commonwealth for gaming purposes.
Manufacturer designee-A person who is designated by a licensed manufacturer pursuant to an agreement to supply or repair the licensed manufacturer's slot machines or associated equipment.
Manufacturer designee license-A license issued by the Board authorizing a manufacturer designee to supply or repair slot machines or associated equipment of a licensed manufacturer for use in this Commonwealth for gaming purposes.
Manufacturer designee licensee-A manufacturer designee that obtains a manufacturer designee license.
Manufacturer license-A license issued by the Board authorizing a manufacturer to manufacture or produce slot machines or associated equipment for use in this Commonwealth for gaming purposes.
Manufacturer licensee-A person that holds a manufacturer license.
Manufacturer's serial number-The unique number permanently assigned to a slot machine by a manufacturer for identification and control purposes.
Member-An individual appointed to and sworn in as a member of the Board in accordance with section 1201(b) of the act (relating to Pennsylvania Gaming Control Board established).
Municipality-A city, borough, incorporated town or township.
Net terminal revenue-The net amount of the gross terminal revenue less the tax and assessments imposed by sections 1402, 1403, 1405 and 1407 of the act.
Nongaming employee-An employee of a slot machine licensee, manufacturer, manufacturer designee, supplier or gaming service provider who is not included within the definition of "principal," "key employee" or "gaming employee," and:
Nonprimary location-A facility in which pari-mutuel wagering is conducted by a licensed racing entity other than the racetrack where live racing is conducted.
Occupation permit-A permit issued by the Board authorizing an individual to be employed or work as a gaming employee.
Offense-Felonies, crimes, high misdemeanors, misdemeanors, disorderly persons offenses, petty disorderly offenses, driving while intoxicated/impaired, motor vehicle offenses and violations of probation or any other court order.
On-the-record proceeding-A matter that comes before the Board or a presiding officer by way of application, complaint, petition, exception, appeal of staff decision, consent agreement or other proceeding for which a formal record is maintained and upon which the Board bases its order and adjudication.
Pending matter or contested on the record proceeding-
Permit fee-The amount of money required to be paid for issuance or renewal of any type of permit required by the Board.
Permittee-A holder of a permit issued under this part.
Person-A natural person, corporation, foundation, organization, business trust, estate, limited liability company, licensed corporation, trust, partnership, limited liability partnership, association or other form of legal business entity.
Presiding officer-
Principal-Includes the following:
Publicly traded corporation-A person other than an individual which:
Race Horse Industry Reform Act-4 P. S. §§ 325.101-325.402.
Registered gaming service provider-A gaming service provider that is registered with the Board.
Registered vendor-A vendor that is registered with the Board.
Regular or continuing basis-A vendor will be deemed to conduct business on a regular or continuing basis if:
Restricted area-An area where access is limited and is specifically designated by the Board as restricted, including:
Revenue- or tourism-enhanced location-A location within this Commonwealth determined by the Board, which will maximize net revenue to the Commonwealth or enhance year-round recreational tourism within this Commonwealth, in comparison to other proposed facilities and is otherwise consistent with the act and its declared public policy purposes.
SEC-The Securities and Exchange Commission of the United States.
Secretary-Secretary to the Board.
Securities-As defined in the Pennsylvania Securities Act of 1972 (70 P. S. §§ 1-101-1-703).
Slot machine-
Slot machine license-A license issued by the Board authorizing a person to place and operate slot machines under the act.
Slot machine licensee-A person that holds a slot machine license.
SLOTS Link-An electronic application system developed by the Board.
Staff-An employee or an independent expert, including but not limited to, attorneys, accountants, investment bankers, architects, engineers, scientific and technical consultants and licensed financial brokers retained by the Board.
State gaming receipts-Revenues and receipts required by the act to be paid into the State Gaming Fund, the Pennsylvania Race Horse Development Fund and the Pennsylvania Gaming Economic Development and Tourism Fund, and all rights, existing on July 5, 2004, or coming into existence after July 5, 2004, to receive any of those revenues and receipts.
State Treasurer-The State Treasurer of the Commonwealth.
Statement of Investigation-An order of the Board in response to a petition for an order regarding inquiry and investigation of a purchase of an eligible applicant or licensee which specifies the particular criterion satisfied by the purchaser, provides for the continuing obligation of the purchaser to provide information to the Board, is applicable only as to the purchase of a specific eligible applicant or licensee, and provides an expiration date not to exceed 6 months from the date of issuance unless otherwise extended by the Board.
Subsidiary-A person other than an individual. The term includes:
Supplier-A person that sells, leases, offers or otherwise provides, distributes or services slot machines or associated equipment for use or play of slot machines in this Commonwealth at a licensed gaming facility.
Supplier license-A license issued by the Board authorizing a supplier to provide products or services related to slot machines or associated equipment to licensed gaming entities.
Supplier licensee-A person that holds a supplier license.
Trade secret-A private formula, pattern, device, cost study or compilation of information which is used in a business and which, if disclosed could negate an advantage over competitors who do not know or use it.
Underwriter-As defined in the Pennsylvania Securities Act of 1972.
58 Pa. Code § 401a.3
The provisions of this § 401a.3 amended under 4 Pa.C.S. §§ 1103, 1202(b)(30), 1202.1, 1207, 1209(b), 1213, 1308, 1311, 1311.1, 1311.2, 1317(c), 1317.1(c), 1317.2, 1321, 1322, 1326, 13A02(1)-(6), 13A25, 1406, 1516.1, 1518(a)(13) and Chapter 16.
This section cited in 58 Pa. Code § 427a.5 (relating to responsibilities of a manufacturer); 58 Pa. Code § 429a.5 (relating to responsibilities of a manufacturer designee); 58 Pa. Code § 431a.4 (relating to responsibilities of a supplier); 58 Pa. Code § 433a.4 (relating to interests in licenses held by entities); 58 Pa. Code § 437a.2 (relating to gaming service provider registration applications); 58 Pa. Code § 437a.7 (relating to registered, certified and authorized gaming service provider responsibilities); 58 Pa. Code § 441a.7 (relating to licensing hearings for slot machine licenses); 58 Pa. Code § 465a.1 (relating to accounting records); 58 Pa. Code § 465a.7 (relating to complimentary services or items); 58 Pa. Code § 808a.2 (relating to interactive gaming principals); 58 Pa. Code § 808a.3 (relating to interactive key employees); 58 Pa. Code § 808a.4 (relating to interactive gaming employees); 58 Pa. Code § 808a.5 (relating to interactive nongaming employees); 58 Pa. Code §1302a.2 (relating to establishment principal and key employee qualification); 58 Pa. Code § 1403a.5 (relating to sports wagering manufacturer licensee responsibilities); 58 Pa. Code § 1404a.5 (relating to sports wagering supplier licensee responsibilities); 58 Pa. Code § 1405a.3 (relating to sports wagering gaming service provider registration applications); 58 Pa. Code § 1405a.4 (relating to qualification of individuals and entities of certified sports wagering gaming service providers); 58 Pa. Code § 1406a.2 (relating to sports wagering principals); 58 Pa. Code § 1406a.3 (relating to sports wagering key employees); 58 Pa. Code § 1406a.4 (relating to sports wagering gaming employees); and 58 Pa. Code § 1406a.5 (relating to sports wagering nongaming employees).