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September 8, 2016 CSI Filing: Five-Year Review

Created by Executive Order 2011-01K, the Common Sense Initiative (CSI), and Senate Bill 2 of the 129th General Assembly, require state agencies, including the Casino Control Commission, to draft rules in collaboration with stakeholders, assess and justify any adverse impact on the business community (as defined by Senate Bill 2), and provide opportunity for the affected public to provide input on the rules. 

The Ohio Casino Control Commission submitted the following proposed rules to the CSI office for review on September 8, 2016: 

 

Brief Explanation of the Rules 

This package is the fourth containing rules subject to the five-year review for 2016. This batch includes rules relating to the voluntary exclusion program, advertising, the hearing procedure, disciplinary actions, and involuntary exclusion. Many of these amendments are small housekeeping changes to clarify rule language. In addition to the items specifically listed below, many of the amendments remove the terms “applicant or licensee” and instead use the name of the entity in an effort to streamline and clarify Ohio Adm. Code 3772 in its entirety. Another consistent change made to streamline these rules is the removal of the term “management company,” where appropriate. In Ohio Adm. Code 3772-1-01(B)(2), the term “casino operator” is defined to include “management company,” unless the context clearly indicates otherwise, allowing for this change.

3772-12 Voluntary Exclusion and Compulsive and Problem Gambling Plan Compliance Procedures (2 rules)

  • 3772-12-04 (amendment), titled “Responsibilities of casino operators.” This rule outlines the responsibilities of a casino facility in regards to the voluntary exclusion program. This rule specifies that each casino operator must submit written internal controls to the Commission for compliance with the program. The rule amplifies many of the statutory requirements of casino operators found in R.C. 3772.03(D)(10). The purpose of this rule is to ensure that casino facilities help combat compulsive and problem gambling. The amendment to this rule mainly consists of streamlining changes, including clarifying and removing superfluous language. The amendment specifies that a casino facility must notify the Commission in writing when an excluded individual is found on their premises and provides added flexibility in the submission of voluntary exclusion internal controls.
  • 3772-12-06 (amendment), titled “Compulsive and problem gambling plan.” This rule specifies that a casino facility must submit a plan for approval detailing how they will oversee compulsive and problem gambling and outlines specific criteria all plans must include. Casino operators are further required to submit any amendments to, updates on, and summaries of this plan to the Commission within specified time frames. This rule ensures that casino facilities are aiding the Commission in productively combating compulsive and problem gambling and allows the Commission carry out its duty under R.C. 3772.03(D)(10) to manage a problem gambling program in the State of Ohio. The amendment to this rule largely consists of small housekeeping changes, as well as clarifying that casino facilities need not submit their compulsive and problem gambling plan with each renewal application, so long as a current plan is approved by the Commission. 

3772-13 Advertising (3 rules)

  • 3772-13-01 (amendment), titled “Definitions.” These rules, which are required by R.C. 3772.03(D)(11), are intended to protect Ohio patrons from deceptive, false, or misleading advertisements, as well as to ensure the integrity of casino gaming. This rule defines what types of notices and communications are considered “advertisements” within the chapter and further specifies that a “direct advertisement” is a notice or communication directed towards a certain individual. The amendment is a small housekeeping change to streamline the rule’s language and to ensure that the definitions apply to all Commission rules and not just Ohio Adm. Code 3772-13.
  • 3772-13-02 (amendment), titled “Advertising; promotion of responsible gaming.” Presently, this rule outlines the guidelines casino operators must follow when advertising to Ohio patrons. The rule details prohibited methods and types of advertising, requires all  advertisements to showcase the state problem gambling hotline number, and mandates that every direct advertisement must contain an explanation of how a patron may remove themselves from being targeted. The purpose of this rule is to ensure that casino advertisements are truthful and that critical problem gambling resources are readily accessible to the general public. The amendment largely consists of the deletion of unnecessary language to streamline and clarify language. The rule also extends the time period for which a casino operator must retain records of all advertisements from two years to five years to mirror the general required retention period for casino operators.
  • 3772-13-03 (amendment), titled “Promotional activities.” Presently, this rule specifies that each casino operator must submit written internal controls for all promotional activities to the Commission and outlines specific criteria the internal controls must include. The rule further details specific standards every promotional activity must meet and provides the guidelines casinos must follow when issuing these promotions. The purpose of this rule is to protect Ohio patrons from deceptive and misleading promotional activities, as well as to ensure a uniform, easily audited system of issuing promotions.  The only amendment to this rule extends the time period for which a casino operator must retain records of all any change or cancellation of a promotional coupon from two years to five years to mirror the general required retention period for casino operators.

3772-22 Disciplinary Actions (1 rule)

  • 3772-22-01 (no change), titled “Sanctions.” The rule is not being amended. The rule permits the Commission to discipline any licensee or applicant for specific actions. The rule further provides that the Commission may impose any discipline set forth in R.C. Chapter 3772 and lists the criteria that the Commission may take into effect in considering punishment. The purpose of the rule is to permit the Commission to effectively regulate the integrity of casino gaming by ensuring that those who violate R.C. Chapter 3772 or the rules adopted thereunder are held accountable. 

3772-23 Involuntary Exclusion (1 rule)

  • 3772-23-06 (amendment), titled “Casino operator duties.” This rule serves to establish the responsibilities of casino operators with regards to the involuntary exclusion list. The amendments specify that casino operators are to submit their internal control plans, on a schedule approved by the Commission, for the exclusion of individuals on the involuntary exclusion list. The amendments further clarify that the casino operator to notify the Commission’s gaming agents in writing if an individual on the involuntary exclusion list attempts to enter or does enter a casino facility. The most frequent change is the removal of the terms “licensee or applicant” to streamline the rule language. The purpose of the rule is to ensure casino operators enforce the involuntary exclusion list, ensuring the integrity of casino gaming.

Associated CSI Documents
Business Impact Analysis

Contact Information for Comments

The Commission welcomes comments regarding these proposed rules. To ensure your comments are considered as part of the Common Sense Initiative (“CSI”) review period, the Commission should receive them no later than September 22, 2016.

Any questions or comments with respect to these rules may be directed to William Cox via email at William.Cox@casinocontrol.ohio.gov or U.S. Mail at 10 West Broad Street, 6th Floor, Columbus, Ohio 43215. Comments may also be directed to the CSI Office at csipubliccomments@governor.ohio.gov.


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