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 June 26, 2018:
Brief Explanation of the Rules
This package contains rules related to the transportation and delivery of electronic gaming machines, table game mechanisms, and gaming chips to and from a casino facility. Ohio Casino Control Commission (“Commission”) staff reviewed several suggestions from members of the casino industry for ways to standardize these processes across the country. These changes will allow the casino operators to improve efficiency while maintaining our oversight. This package also contains rules relating to tournaments and “proving” chips. These changes are made at the request of the casino operators and to standardize the regulation of table games and slot machine tournaments.
3772-9-05 (amendment), titled “Transportation of electronic gaming machines to and from a casino facility.” This rule prescribes the requirements related to the transportation of all electronic gaming machines into, out of, and within the State of Ohio. Presently, the rule requires that all electronic gaming machines be shipped to a casino only after the Executive Director has received notice of the shipment at least seven days in advance, and has approved the same. The amount of time required for this type of notice may vary among jurisdictions and could result in confusion or errors for companies operating in multiple jurisdictions. The amendments reduce the notice requirement to five days, which is more consistent with jurisdictions across the United States. Further, the amendments remove the requirements that a Commission representative be present at the delivery of electronic gaming machines to a casino and that all electronic gaming machines be transported in an inoperable state. Neither of these provisions provided critical protections that would be lost because of these amendments because Commission gaming agents verify all electronic gaming equipment to ensure that it has been approved by the Commission before placement for play on the gaming floor. All the changes were also made with the intention that this rule mirror the related table game rule, Ohio Adm. Code 3772-11-06, as much as possible. The purpose of the amendments is to remove superfluous provisions related to the shipment and delivery of electronic gaming machines to casinos, to more closely align with other jurisdictions and Ohio Adm. Code 3772-11-06, and to reduce unnecessary burdens without diminishing any of the Commission’s regulatory authority to ensure the integrity of casino gaming.
3772-10-01 (amendment) – titled “Definitions.” This rule defines certain internal control-related terms. The only amendment to the rule is the addition of a definition for the term “Tournament,” which will be used throughout the code and, specifically, in Ohio Adm. Code 3772-10-29, as it is proposed to be amended in this rule package. The purpose of this amendment is to provide a clear, concise definition of tournaments to which R.C. Chapter 3772 and the rules adopted thereunder apply.
3772-10-29 (amendment) – titled “Tournaments.” Presently, this rule governs only slot machine tournaments. Table game tournaments are governed by Ohio Adm. Code 3772-11-18. However, certain requirements varied between the two rules without significant regulatory necessity to do so. The amendments to this rule combine Ohio Adm. Code 3772-10-29 and portions of Ohio Adm. Code 3772-11-18 to create one rule governing all tournaments offered at casinos. In combining the two rules, certain provisions contained therein have also been amended. First, the notice requirement is now five days for any tournaments. Presently, casino operators must make a submission thirty days before the planned tournament. Second, casino operators need only provide a copy of rules governing a tournament to the Commission upon request, rather than including it in a table game tournament submission, which was the previous requirement. The purpose of the amendments is to streamline the process for offering any type of tournament in a casino, reduce regulatory burdens related to doing so, and to provide a clearer rule to which the casino operators must comply, while ensuring as much consistency between slot machine tournaments and table game tournaments as possible.
3772-11-01 (amendment), titled “Definitions.” This rule defines certain table game-related terms. The amendments to this rule are largely intended to clarify and streamline rule language. The only substantive change to the rule is the inclusion of any wheel apparatus used for outcome determination in the definition of “table game mechanism.” The purpose of the amendment is to account for wheels, other than roulette wheels, that may have otherwise been used for outcome determination but were previously excluded by the definition.
3772-11-06 (amendment), titled “Transportation of table game mechanisms and gaming chips to and from a casino facility.” This rule prescribes the requirements related to the transportation of all table game mechanisms and gaming chips into, out of, and within the State of Ohio. All the amendments are made with the intention that this rule mirror the related electronic gaming machines rule, Ohio Adm. Code 3772-9-05, as much as possible. Presently, the rule requires that all table games and table game mechanisms be shipped to a casino only after the Executive Director has received notice of the shipment at least seven days in advance, and has approved the same. The amount of time required for this type of notice may vary among jurisdictions and could result in confusion or errors for companies operating in multiple jurisdictions. The amendments reduce the notice requirement to five days, which is more consistent with jurisdictions across the United States. Further, with the amendments, the rule now applies only to table game mechanisms and gaming chips, which are the items that require these controls to ensure the integrity of casino gaming. Finally, the amendments allow for the transportation of table game mechanisms or gaming chips to different destinations by the same carrier simultaneously, as described within the rule, and as already permitted with respect to electronic gaming machines. The purpose of these amendments is to align this rule with Ohio Adm. Code 3772-9-05 as much as possible, to allow for the process of shipment and delivery of table game mechanisms and gaming chips to align with other jurisdictions, and to reduce unnecessary burdens without diminishing any of the Commission’s regulatory authority to ensure the integrity of casino gaming.
3772-11-07 (amendment), titled “Receipt of gaming chips from manufacturer.” This rule specifies how casino operators must handle the receipt of gaming chips. The only amendment to this rule relates to the notification requirement by casino operators to the Commission when gaming chips are delivered to the casino facility. The rule presently requires notification to Commission gaming agents and the amendment would require notification to the Executive Director or their designee, which is more closely in-line with other rules that require a notification to the Commission and Commission procedure.
3772-11-18 (amendment) – titled “Tournament chips.” Previously, this rule governed table game tournaments and tournament chips. However, with the amendments, all provisions governing table game tournaments have been moved to Ohio Adm. Code 3772-10-29, leaving just those governing table game chips. No changes are made to those remaining provisions. The purpose of removing the table game tournament provisions is to combine them with slot machine tournament provisions in Ohio Adm. Code 3772-10-29.
3772-11-19 (amendment) – titled “Proving chips.” Presently, the rule details the required procedure for how a dealer should prove chips when opening, closing, or filling a table, or exchanging chips. The amendment removes the requirement that chips be proven when exchanging chips for a patron, given the nature of that transaction. Generally, exchanging chips for patrons inherently includes a personal expectation and review that these transactions are conducted accurately. Further, a proposed amendment to Ohio Adm. Code 3772-11-25 requires that a table games supervisor verify the value of cash and chips involved in patron exchanges above a threshold set by the Executive Director or their designee, affording an additional level of protection. The purpose of the amendment is to reduce the time necessary for exchanging chips for patrons, a transaction that occurs much more often than the others to which this rule applies, while still providing for certain regulatory control and oversight.
3772-11-25 (amendment) – titled “Patron exchanges.” Previously, this rule governed how cash will be handled at gaming tables. However, together with the amendments to Ohio Adm. Code 3772-11-19, this rule now governs all patron exchanges, from those that involve both gaming chips and cash to those that involve only gaming chips. Like those changes to Ohio Adm. Code 3772-11-19, there is no longer a requirement that a casino operator prove chips prior to patron exchanges. However, the amendments do contain a requirement that a supervisor verify the value of cash and chips in patron exchanges above a threshold set by the Executive Director or their designee. This will ensure that transactions of higher value are still subject to some controls, ensuring the integrity of the transaction and patron protection. This procedure, instead of proving chips, reduces the amount of time required for patron exchanges and allows for casino operators to handle them more efficiently.
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 July 10.
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 100 East Broad Street, 20th Floor, Columbus, Ohio 43215. Comments may also be directed to the CSI Office at firstname.lastname@example.org.
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