August 19, 2020 CSI Filing

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 August 19, 2020: 

Brief Explanation of the Rules
The rules summarized here are being presented as part of the state’s rule-review requirement. The rules all relate to regulatory compliance and cover topics such as complimentaries, credit, chips, and table games. In reviewing these rules, staff looked to determine whether all aspects of each rule were still necessary, needed amendment, or confliced with other rules, as well as whether each requirement was the most effective, efficient, and legally compliant method of accomplishing its purpose.

OAC 3772-10 and 3772-11 (9 rules)

* Click on the rule number to view proposed changes.*

  • 3772-10-09 (amendment), titled “Complimentaries.” This rule amplifies R.C. 3772.23, which explicitly requires promotional gaming credits to be subject to Commission oversight.  The purpose of the rule is to establish a minimum threshold for authorizing and recording complimentaries based on the minimum threshold each casino already established in their own Commission-approved internal controls. The amendments to this rule repeal some unnecessary details in the valuation of promotional credits and in the exact recording of the personal information of who receives credits. Despite these changes, which will ease the impact of the rule on operators, the rule will still allow the Commission to ensure complimentaries are appropriately authorized and accurately recorded, are not offered to members of the voluntary exclusion program, and will still be subject to sufficient auditing.
  • 3772-10-20 (amendment), titled “Unsecured currency, vouchers, tickets and coupons.” This rule describes how a casino operator will handle “unsecured currency,” or currency found in a game but outside of the game’s drop box. The purpose is to ensure that unsecured currency is accurately reported and appropriately handled. The amendments to the rule remove some unnecessary requirements in exactly how operators handle unsecured currency, while maintaining internal control requirements on the subject, which each operator can set themselves with Commission approval.
  • 3772-10-23 (amendment), titled “Credit.”  The rule provides the regulatory framework for the use, issuance, and payment of credit and markers in the casinos. The rule also contains three strict prohibitions: casino operators shall not issue credit to voluntarily excluded individuals, shall not extend credit to patrons delinquent in payments, and shall not circumvent the credit requirements by otherwise issuing credit to a patron in connection to casino gaming. The purpose of the rule is to allow each casino to establish the exact procedures it follows if it chooses to issue credit or markers to its patrons, subject to certain regulatory minimums. The amendments to this rule are all housekeeping amendments to streamline language and improve readability. 
  • 3772-11-13 (amendment), titled “Primary, secondary, and reserve sets of gaming chips.” This rule requires that the casino keep a primary and secondary set of value chips. The main amendment to this rule eliminates the requirement that the casinos have a set of non-value chips and a reserve set of non-value chips—instead opting for permissive language on non-value chips, which have less risk of counterfeiting. The amendment also removes an unnecessary notification provision. Finally, the rule sets forth certain conditions that would mandate the removal of a value or non-value chips set, by virtue of the set’s security or integrity being called into question, for example, the presence of a significant number of counterfeits. The purpose of this rule is to ensure the integrity of the casino’s cashless wagering system, as required by R.C. 3772.22. 
  • 3772-11-14 (amendment), titled “Exchange of value chips or non-value chips.”  This rule details how chips can be exchanged in ways that will ensure the exchanges occur in monitored environments and requires casinos to come up with procedures for the acceptance of chips from other casinos. The amendments to the rule are largely intended to streamline the rule’s language and improve readability. The most substantive change gives the executive director some flexibility in approving alternative locations for chip issuance and exchanges, as needed. The purpose of this rule is to ensure the integrity of the casino’s cashless wagering system, as required by R.C. 3772.22.
  • 3772-11-31 (no change), titled “Automated table fills.” This rule governs how casino operators will authorize, process, and conduct table game fills. While the rule requires some specific minimums, the rule also allows the casinos to detail certain more minute aspects of the process in their own Commission-approved internal controls. The purpose of this rule is to ensure the proper tracking and integrity controls when chips are moved onto a table. Many of the controls can be briefly summarized as requiring detailed documentation and ensuring that multiple individuals are involved in all aspects of the transaction.
  • 3772-11-33 (no change), titled “Automated table credits.” The rule can briefly be described as the flipside of Ohio Adm.Code 3772-11-31 and governs how operators will authorize, process, and conduct table game credits—or when chips are transferred from a table to the cashier’s cage. The purpose of this rule is to ensure the proper tracking and integrity controls of these transactions. Again, the rule requires some specific minimums, while allowing the operators to detail certain more minute aspects in their own Commission-approved internal controls, and many of the requirements can be briefly summarized as requiring detailed documentation and ensuring that multiple individuals are involved in all aspects of the transaction.
  • 3772-11-34 (amendment), titled “Table game layouts.” The rule sets certain minimums on how table game layouts are to appear. These minimums all relate to the purposes for this rule: ensuring surveillance can read the layouts when monitoring or reviewing gameplay and ensuring patrons understand the basic odds and payouts of the game from the layout. The amendment removes some requirements on how layouts that are not in use must be stored and how old layouts are to be destroyed—these requirements were determined not to meaningfully improve the integrity of casino gaming, at this time.
  • 3772-11-37 (no change), titled “Minimum and maximum table game wagers.” This rule allows casino operators to set minimum and maximum wager amounts, but specifies that if they do, those amounts must be posted for patrons. It also contains a prohibition on operators accepting bets from non-recognized table positions to ensure bets are appropriately tracked. The purpose of this rule is to ensure the casinos can offer only those price points they wish to offer, while ensuring that patrons are clearly made aware of what the current price point on any product is.

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 2.

Any questions or comments with respect to these rules may be directed to Matthew Oyster via email at Matt.Oyster@casinocontrol.ohio.gov or U.S. Mail at 100 East Broad Street, 20th Floor, Columbus, Ohio 43215. Comments may also be directed to the CSI Office at csipubliccomments@governor.ohio.gov.


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