Title 36 — Subtitle 03. Gaming Provisions

Record ownership;

Stock or other ownership in an entity in a chain of parent and subsidiary, or affiliate entities, any one of which participates in the capital or profits of a video lottery facility operator licensee; or

An interest that entitles a person to benefit substantially and is equivalent to ownership by an agreement, relationship, or other arrangement; or

Compensation of a person, in any financial, legal, or beneficial form, if the compensation is based on revenue generated by a video lottery facility operator licensee, including a percentage share on, or any compensation that is tied to, the performance of a video lottery facility operator licensee’s operations.

Employment at a facility that is different from the facility at which the individual is currently employed;

Re-employment at a facility at which the individual was previously employed; and

Except for an unexpected termination from employment, a separation from employment with a facility.

Management or operation;

Security;

Service, maintenance, update, or repair of video lottery or table game equipment or associated equipment or software;

Own or control a person described in §B(2)(a)—(c) of this regulation; or

Any other service for which the Commission requires a contractor license.

Manage or operate a video lottery facility;

Provide security for a video lottery facility;

Perform service, maintenance, or repairs of a video lottery terminal, table game device, central operating system, associated equipment, or software;

Provide junket enterprise services; or

Provide any other service that is essential to operation of a video lottery facility that may involve contact with or access to:

A central operating system;

A facility’s video lottery system;

A video lottery terminal; or

An electronic component of a table game.

A short-term extension of credit to enable the player to take part in gaming; and

The payment of the credit extended by the transfer of funds from the player’s bank account to the facility operator in accordance with a deposit schedule complying with COMAR 36.03.10.29.

Is or is seeking to be employed by an applicant for or holder of an operation license, whose duties relate or will relate to the operation of a facility, and who performs or supervises or will perform or supervise the performance of:

Is employed by a contractor or manufacturer, whose duties directly relate to the repair, service or distribution of a video lottery terminal, table game, or associated equipment, or is otherwise required to be present on the gaming floor or in a restricted area of the facility;

Is employed by a contractor as a junket representative; or

Is otherwise required by the Commission to be licensed as a gaming employee.

Holds a certificate in good standing for compliance with:

Has performed testing and certification of gaming equipment, systems, and software on behalf of a state within the United States for a period of 5 or more years;

Has been approved by the Commission to test and certify equipment, systems, and software on its behalf; and

Meets all conditions and requirements enumerated in any request for proposals issued by the Commission pertaining to testing, as amended or clarified.

That is intended to induce an individual who is selected or approved for participation based on the individual’s ability to satisfy financial qualification obligations, willingness to gamble, or any other basis related to propensity to gamble; and

Under which, or as consideration for which, any or all of the cost of transportation, food, lodging, and entertainment for an individual is directly or indirectly paid by a facility operator or an employee or agent of a facility operator.

An operator of a facility;

A person that contracts with an operator of a facility to provide any of the services related to operating a facility;

A manufacturer as defined in State Government Article, §9-1A-01, Annotated Code of Maryland;

A video lottery employee as defined in State Government Article, §9-1A-01, Annotated Code of Maryland; or

Any other person whom the Commission requires to be licensed.

Produces:

Distributes or resells:

Intended for sale, lease or other assignment to a licensee and is related to:

That does not have the ability to impact the integrity of a game; and

Is not essential to table game play.

Employed or is seeking to be employed by an applicant for or holder of an operation license and whose duties are or will be other than the duties of a gaming employee; or

Otherwise required by the Commission to be licensed as a gaming employee.

An officer, director, or person who directly holds a beneficial interest in, or ownership of, the securities of an applicant or licensee;

A person who has a controlling interest in an applicant or licensee or has the ability to elect a majority of the board of directors of a licensee or to otherwise control a licensee;

A lender or other licensed financial institution of an applicant or licensee, other than a bank or lending institution which makes a loan or holds a mortgage or other lien acquired in the ordinary course of business;

An underwriter of an applicant or licensee; or

Another person or employee of an applicant or licensee deemed by the Commission to be a principal.

“Principal employee” means a video lottery employee who owns, controls, or manages a licensee, or otherwise exercises control over a video lottery or table game function of a licensee;

“Principal employee” includes an employee of a contractor who performs any function described in §B(3) of this regulation; and

“Principal employee” does not include a gaming, temporary gaming, or nongaming employee.

Cashier’s cage, including a satellite cashiers’ cage and ancillary offices;

Computer space allocated to the central monitor and control system;

Count room and trolley storage areas;

Areas designated for the storage or repair of equipment of video lottery terminals or table game devices;

Information technology department operations centers;

Progressive controller locations;

Surveillance monitoring rooms;

Vault and armored car bay locations; and

Any area that the facility operator has designated as restricted in its Commission-approved accounting an internal control systems.

“Table game equipment” means equipment that is related to the operation of table games and that is owned or leased by a video lottery facility and located on the video lottery facility’s premises, and includes table layouts, cards, dice, chips, shufflers, tiles, wheels, or any mechanical, electrical, or computerized device, apparatus, or supplies used to conduct a table game or designated by the Commission as table game equipment.

“Table game equipment” does not mean:

The Maryland regulation for which the waiver is sought;

Detailed facts in support of the waiver request;

An explanation of the unique circumstances justifying the request; and

Any other information requested by the Commission.

Of any deficiency in the waiver request; and

That the waiver request will not be presented to the Commission unless the identified deficiency is corrected.

The particular facts supporting the waiver request;

Whether enforcement of the regulation as to the subject of the waiver request is necessary to protect the public interest or accomplish the policies established by State Government Article, Title 9, Subtitle 1A, Annotated Code of Maryland;

Limiting or restricting the relief sought as the Commission considers necessary in the public interest;

Granting the waiver request subject to a condition;

Requiring the requestor to submit any additional information; and

Any other relevant information.

Taken final action on a license denial of a previous license application involving the applicant;

Taken final action on a sanction resulting in revocation of a previous license application involving the applicant; or

Provided an individual with written notice of termination of a temporary license.

To address a deficiency in accordance with a notice sent under §B(4) of this regulation;

As required by the Commission or the Commission staff for clarification of information contained in the application; or

To address a change in the circumstances surrounding the application that was outside the control of the applicant and that affects the ability of the applicant to comply with the law or the regulations of the Commission.

The change in the circumstances surrounding the application that necessitates the amendment;

The nature of the amendment; and

The reason why the amendment is necessary to bring the application into compliance with the law or the regulations of the Commission.

The circumstances requiring the amendment were outside the control of the applicant;

Before the change in the circumstances surrounding the application, the application complied with the pertinent provisions of the law or the regulations of the Commission; and

The amendment is necessary to bring the application into compliance with the pertinent provisions of the law or the regulations of the Commission.

Applicant submits a written request to the Commission to withdraw the application; and

Written request is submitted before the Commission has:

Information, documentation, or assurances to establish, by clear and convincing evidence, that the licensee remains qualified to hold a license; and

Any other information, documentation, or assurances required by the Commission.

When an applicant submits a license application;

At a hearing on a recommended denial of a license;

When a video lottery employee licensee notifies the Commission of an intended change in employment status;

At a hearing on a recommended revocation of a license; and

In any other instance where qualifications for a license issued under a provision of State Government Article, Title 9, Subtitle 1A, Annotated Code of Maryland, are at issue.

The administrative costs associated with performing background investigations of the applicant, the licensee who has notified the Commission of an intended change in employment status, and any individual required to provide information under Regulation .04 of this chapter; and

Any payments made by the Commission to a person approved by the Commission to conduct the background investigations.

For a State resident, from an electronic fingerprinting service approved by the Commission; or

For an out-of-State resident, one FBI and one State fingerprint card, taken within the previous 45 days before submission to the Commission; and

Meets one of the definitions of institutional investor in State Government Article, §9-1A-01, Annotated Code of Maryland; and

Satisfactorily completes and submits an institutional investor waiver application as required by the Commission.

Maintaining an ownership interest in an applicant or licensee; and

Providing the Commission with the statement of ownership percentage it reported to the Securities and Exchange Commission:

The waiver may apply to one or more applicants or licensees in which the entity is an institutional investor; and

The institutional investor shall submit an institutional waiver application every 5 years from the date of the Commission's last approval.

The approved institutional investor shall notify the Commission in writing if the institutional investor's ownership interest falls below 5 percent; and

The Commission may require the institutional investor to submit a new waiver application if the institutional investor acquires an ownership interest of 5 percent or greater in any applicant or licensee.

The Commission shall recognize the qualification determination for 5 years from the date the principal entity is found qualified; and

If the same qualified principal entity is identified in a subsequent license application within the 5-year period described in §M(2)(a) of this regulation, the principal entity is not required to submit a new principal entity disclosure form.

File a new principal entity disclosure form;

Submit to a new background investigation; and

Pay all fees and costs associated with the new principal entity disclosure form and investigation.

Are comprehensive;

Are thorough; and

Provide similar adequate safeguards to those in State Government Article, Title 9, Subtitle 1A, Annotated Code of Maryland.

Waive some or all of the requirements in State Government Article, Title 9, Subtitle 1A, Annotated Code of Maryland; and

Issue a license to a person having a similar license in another state.

The state in which the applicant holds a valid license;

An explanation of the unique circumstances justifying the request; and

Any other information requested by staff or the Commission.

Of any deficiency; and

That the waiver request will not be presented to the Commission unless the identified deficiency is corrected.

Present the waiver request to the Commission as soon as practicable; or

If the Commission has delegated to staff the authority to decide the waiver request, decide the waiver request as soon as practicable.

Grant an exemption to a licensing requirement;

Waive a licensing requirement; or

Waive grounds for denial of a license.

The COMAR section for the standard for which the exemption or waiver is sought;

Detailed facts in support of the request;

An explanation of the unique circumstances justifying the request; and

Any other information requested by staff or the Commission.

Of any deficiency; and

That the request will not be presented to the Commission unless the identified deficiency is corrected.

Present the request to the Commission as soon as practicable; or

If the Commission has delegated to staff the authority to decide the waiver request, [decide the waiver request] make a decision as soon as practicable.

Limit or place restrictions on the exemption or waiver as the Commission considers necessary in the public interest; and

Require the licensee who is granted the exemption or waiver to cooperate with the Commission and to provide the Commission with any additional information required by the Commission as a condition of the waiver or exemption.

Obtained a bond if required under Regulation .15 of this chapter; and

Performed, at a minimum, a Social Security database check, criminal check, employment verification, and national database search; and

Except as provided in §L of this regulation, has not been mandatorily disqualified under State Government Article, §9-1A-14(c), Annotated Code of Maryland;

Has met the applicable requirements of State Government Article, §9-1A-07(c), Annotated Code of Maryland; and

Is otherwise qualified for a video lottery employee license.

Application fee is $2,500;

License fee is $750;

Refundable advance deposit authorized under Regulation .01E(3) of this chapter for the administrative costs of conducting the applicant's background investigation is $2,000; and

Required fee for conducting a criminal history records check specified in Regulation .03B of this chapter is $37.25.

Application fee is $250;

License fee is $150; and

Required fee for conducting a criminal history records check specified in Regulation .03B of this chapter is $37.25.

Application fee is $50;

License fee is $100; and

Required fee for conducting a criminal history records check specified in Regulation .03B of this chapter is $37.25.

The individual will perform work for the sports wagering licensee that is comparable to work performed as a video lottery employee; and

The individual’s license is in good standing.

Applies for renewal;

Continues to comply with all licensing requirements;

Maintains employment as a video lottery employee;

Submits to a background investigation under Regulation .03 of this chapter; and

Pays the fees described in §I(4) of this regulation.

For a principal employee, $2,787.25, of which the:

For a gaming employee, $187.25, of which the:

For a nongaming employee, $97.25, of which the:

A completed application for a principal or gaming employee license;

Payment of the fees required under §D of this regulation;

Documentation to verify that the applicant has obtained an offer of at least conditional employment from a licensed facility operator, manufacturer or contractor, or a registered or certified vendor, and that the employer has:

Documentation that the applicant has acknowledged, in writing, that the State is not financially responsible for any consequences resulting from termination of a temporary license under State Government Article, §9-1A-14(d)(4), Annotated Code of Maryland.

Receiving all items required under §I(3) of this regulation; and

Performing on the individual a:

Expires 180 days after the date of issue; and

May be extended by the Commission for one period of 180 days.

An applicant has an immediately known present or prior activity, criminal record, reputation, habit, or association that would disqualify the applicant from holding a video lottery employee license under State Government Article, Title 9, Subtitle 1A, Annotated Code of Maryland, or regulations promulgated under that subtitle;

An applicant poses a serious imminent risk of harm to the integrity, security, or profitability of the State's video lottery terminal or table game operations; or

There are reasonable grounds to believe that the applicant will not be able to establish the applicant's qualifications by clear and convincing evidence under State Government, §9-1A-07, Annotated Code of Maryland.

Failure to pay a required fee;

Failure to submit required documentation to Commission staff within 30 days of submitting the application;

Failure to comply with a request of Commission staff;

Engaging in conduct that obstructs Commission staff from completing the applicant's background investigation; or

Violating any provision of State Government Article, Title 9, Subtitle 1A, Annotated Code of Maryland, or the Commission's regulations.

Notify the temporary licensee; and

Follow the process for denial of a license under Regulation .16 of this chapter.

Includes the licensee’s name and date of request;

Clearly expresses the individual’s desire to knowingly and voluntarily relinquish, end, or otherwise give up the individual’s licensure; and

Gives a reason for the request.

The State is not financially responsible for any consequences resulting from the relinquishment of the individual’s license;

Regardless of relinquishment, the Agency shall maintain an individual’s licensing records, to which public access is governed by General Provisions Article, §4-201, et seq., Annotated Code of Maryland;

Although relinquishment ends an individual’s obligation to comply with the Commission’s licensing requirements, relinquishment does not change or affect any other obligation.

Submit fingerprint cards; and

Provide any other information that staff requires.

A judiciary program under the Office of Problem-Solving Courts of the Maryland Administrative Office of the Courts; or

A program from another state that:

Been convicted or is on active parole, probation, or prosecution; and

Participated in and completed a problem-solving court program described in §L(1) of this regulation.

A manufacturer; and

Each person that owns, controls, or is a representative of a manufacturer.

Qualified under State Government Article, §9-1A-07(c), Annotated Code of Maryland; and

Not been disqualified under State Government Article, §9-1A-08, Annotated Code of Maryland;

Tier 1 manufacturer is $10,000; and

Tier 2 manufacturer is $1,200.

Tier 1 manufacturer of a central monitor and control system is $25,000;

Tier 1 manufacturer of a video lottery terminal or table game equipment is $5,000;

Tier 1 manufacturer of associated equipment and software in §C(2)(a) or (b) of this regulation is $5,000;

Tier 1 manufacturer that distributes or resells a video lottery terminal, a table game device, a central monitor and control system, or associated equipment and software is $1,000; and

Tier 2 manufacturer is $800.

Submits an application for renewal to the Commission at least 6 months before the manufacturer’s license expires;

Continues to comply with all licensing requirements;

Submits to a background investigation under Regulation .05 of this chapter; and

Pays a license renewal fee.

Tier 1 manufacturer of a central monitor and control system is $25,000;

Except as provided in §F(4)(a) of this regulation, Tier 1 manufacturer is $5,000; and

Tier 2 manufacturer is $800.

The application fee is $1,500;

The license fee is $2,500; and

The Background investigation deposit is $2,000.

The application fee is $750;

The license fee is $800; and

The background investigation deposit is $2,000.

Submits an application for renewal to the Commission at least 6 months before the contractor's license expires;

Continues to comply with all licensing requirements;

Submits to a background investigation under Regulation .05 of this chapter; and

Pays a license renewal fee.

Tier 1 contractor is $2,500; and

Tier 2 contractor is $800.

As a lessee;

As a tenant; or

Under a management agreement.

Has not established by clear and convincing evidence that the applicant meets applicable qualifications; or

Has violated:

Recommendation for denial;

Basis for the recommendation; and

Applicant's right to request a reconsideration meeting with the Director or the Director's designee.

Be represented by counsel; and

Present evidence as to why the license should be granted;

A request for hearing before the Commission on the recommendation of the Director or the Director's designee; and

The applicant's legal and factual bases for disagreeing with the recommendation of the Director or the Director's designee.

Grant the license after determining that the applicant is qualified; or

Deny the license after determining that the applicant:

Prepare an order denying the license with a statement of the reasons and specific findings of fact; and

Provide the applicant with written notification of its final action.

“Vendor” means a person that:

“Vendor” does not include:

Leisure or recreational travel;

Lodging;

Vehicles;

Entertainment;

Dining;

Clothing;

Jewelry;

Gift cards; or

Other gift items.

Is subject to the requirements of COMAR 36.03.10.09; and

Shall identify in a report submitted under COMAR 36.03.10.09 each exempted vendor from which it purchased goods or services during the reporting period.

Vendor name;

Vendor business address;

Type of goods or services provided;

Total value of goods or services provided to video lottery applicants or licensees in the State within a calendar year;

Documentation that:

Registration fee of $100; and

Any other information the Commission requires.

No later than the next State business day after the vendor’s emergency provision of goods or services, the applicant or licensee shall submit to the Commission a vendor emergency notification form that includes an explanation of the need for its emergency use of a vendor that is not registered with the Commission; and

Within 20 business days of submitting the vendor emergency notification form, the applicant or licensee shall submit to the Commission a vendor registration form.

Registered;

Exempt.

The individual's name;

By color, pattern, or symbol, the licensing category; and

The license expiration date.

The licensee shall immediately:

After verifying the licensee’s identity, the Commission may issue a new identification card to the licensee.

The licensee shall immediately:

After verifying the licensee’s identity, the Commission may issue an emergency credential to the licensee that is valid for 1 work day; and

The licensee shall surrender the emergency credential to the Commission at the end of the work day on which the licensee received the card.

$40 for the cost of a replacement identification card; or

$20 for the cost of a temporary identification card.

Commission suspends or revokes the license;

License is not renewed;

Licensee separates from employment with licensee’s employer; or

Licensee is otherwise ordered to surrender the identification card.

Licensee obtains employment with a licensed facility operator, manufacturer, or contractor;

Term of the license has not expired; and

Commission verifies:

An automated teller machine may be placed no closer than 7 feet to a video lottery terminal or table game; and

There may be no more than one automated teller machine for every 75 video lottery terminals and table game seats.

False or deceptive;

Illegal; or

Knowingly directed to an individual:

Uses or depicts an individual who is, or appears to be, under the age of 21 years;

By font, color, placement, or any other means:

By an entity in which the licensee owns a beneficial or proprietary interest; or

By an entity in which an affiliate of the licensee owns a beneficial or propriety interest; and

By an entity in which the licensee owns a beneficial or proprietary interest; or

By an entity in which an affiliate of the licensee owns a beneficial or propriety interest.

At least 2 years, but not more than 5 years, before the expiration of a license term; and

In a form and format required by the Commission.

Name under which the licensee operates;

Identification of all persons that are legal or beneficial owners as defined in State Government Article, §9-1A-05(d), Annotated Code of Maryland, and COMAR 36.03.01;

An affidavit signed by an authorized representative affirming that the licensee:

Any other information the Commission requires.

At least 1 year, but not more than 5 years, before the expiration of a license term; and

In a form and format required by the Commission.

Proof of the $1,000,000 performance bond;

Proof of the $2,000,000 payment bond;

Proof of the $100,000 fidelity bond; and

Any other information the Commission requires.

Update its license application within 2 years of the expiration of the existing license; and

Provide any additional information required by the Commission.

Conduct the investigation of the licensee’s qualifications in the same manner as under COMAR 36.03.02; and

Apply the qualification criteria in Regulation .04B and C of this chapter.

0.75 percent of the amounts wagered less the amounts paid as prizes for VLTs and banked table games; and

Plus 0.75 percent of the facility share of non-banked table game revenues.

The central monitor and control system;

A video lottery terminal;

Associated equipment or software; or

A table game; or

Implement the board’s recommendation; or

Take other appropriate action.

If the corrective action plan is acceptable, the licensee shall execute it immediately.

If the corrective action plan is not acceptable, the licensee shall submit a revised plan immediately.

Provide the licensee with additional time within which to submit a revised corrective action plan; or

Initiate proceedings before the Commission for imposition of a penalty or sanction on the licensee.

The basis of a subsequent corrective action plan, settlement, penalty, or sanction if a similar violation occurs; or

Raised during a Commission hearing as part of the agency’s enforcement record for the licensee.

For good cause, extend the time for completion of a corrective action plan; or

Initiate proceedings before the Commission for imposition of a penalty or sanction on the licensee.

Revocation of a license;

Suspension of a license for a period of time;

Reprimand; or

Condition that must be met within a specified time as to:

Information;

Training;

Communication; or

Requirements;

Video lottery or table game operations are conducted;

Authorized video lottery terminals, table game equipment, a central monitor and control system, or associated equipment and software are:

Records are prepared or maintained for activities referenced in §B(1)(a) or (b) of this regulation;

A video lottery terminal;

Table game equipment;

A central monitor and control system; or

Associated equipment and software;

Parent corporation;

Subsidiary corporation; or

Similar business entity; or

Books;

Records;

Ledgers;

Cash boxes and their contents;

A counting room or its equipment;

Other physical objects relating to video lottery operations; or

Any record or object that a licensee is required by law or license terms to maintain.

Make available for inspection, copying, or physical control a record that a licensee is required to maintain;

Authorize any person having financial records relating to the licensee to provide those records to the Commission; and

Otherwise cooperate with the activities of the Commission described in this chapter; and

Manager;

Security department;

Surveillance department; or

Employees who are directly responsible for excluding unauthorized individuals from the facility; and

A law enforcement officer; or

A person who is legally authorized to be involved in the criminal prosecution of an individual on the voluntary exclusion list who is suspected of trespassing at a video lottery facility.

Enter into the video lottery facility; or

Play a video lottery terminal or table game;

Problem gambling;

Problem gambling treatment resources, including treatment and prevention programs established under State Government Article, §9-1A-33, Annotated Code of Maryland; and

Voluntary exclusion;

Enter the video lottery facility;

Play a video lottery terminal or table game; or

Claim a jackpot;

“Advertisement” means any material that is:

“Billboard advertisement” means a roadside sign, aviation banner, or event banner that is intended to encourage video lottery terminal or table game play.

“Gambling assistance message” means a phrase approved by the Commission to encourage responsible play;

“Online advertisement” means an advertisement on a website, an application, in social media, or otherwise on the internet, that is intended to encourage video lottery terminal or table game play.

“Printed advertisement” means an advertisement that appears in or on a sign, direct mailing, poster, brochure or other written material and is intended to encourage video lottery terminal or table game play.

“Responsible gambling awareness materials” means a sticker, a brochure, a wallet card, or other material that conveys only problem gambling resource information.

“Underage warning message” means the language that prohibits individuals under the age of 21 on the gaming floor”.

Special ordered; and

Branded with the facility's logo;

For a printed advertisement, the font height is the greater of:

For a billboard advertisement, the font height of the gambling assistance message shall be at least 5 percent of the height or width, whichever is greater, of the face of the billboard;

For a video and television advertisement, the gambling assistance message shall:

For websites and social media, the gambling assistance message shall:

To play video lottery terminals or table games; and

In areas of the video lottery facility where video lottery terminals or table games are located.

“Unredeemed item” means a token, voucher, check, ticket, chip, coupon, or similar item that has monetary value, and that a player has:

“Unredeemed item” does not include cash.

Altering or misrepresenting the outcome of a game or event on which bets have been placed;

Placing, cancelling, increasing, or decreasing a bet based on knowledge that is not available to other players;

Claiming or collecting a prize from a video lottery facility that the individual did not win or earn or that the individual was not otherwise authorized to claim or collect;

Manipulating a video lottery terminal, a table game, a central monitor and control system, or associated equipment or software to affect the outcome of a game or bet; or

Altering the elements of chance or methods of selection or criteria that determine the outcome of a game or bet; or

A video lottery facility;

A player; or

A licensee;

A video lottery facility;

A player; or

A licensee;

Name and any nickname or alias;

Residential address;

Telephone numbers;

Gender;

Physical description, including any birthmarks, scars, or tattoos;

Race or ethnic origin;

For non-United States citizens, country of origin; and

Photograph;

Prohibited from entering any video lottery facility, and from playing any video lottery terminal or table game, in the State;

Subject to criminal charges for trespassing or any other appropriate criminal charge; and

Required to:

Be represented by counsel; and

Present evidence as to why the individual does not meet the criteria under Regulation .03B of this chapter.

Be submitted within 15 days of the date of the individual’s receipt of the written notice of the decision following the reconsideration meeting; and

Describe the individual’s legal and factual bases for disagreeing with placement on the mandatory exclusion list.

The individual’s name shall remain on the mandatory exclusion list;

The Commission shall notify all facility operators in the State of the individual’s addition to the mandatory exclusion list;

The individual may seek judicial review of the Commission’s decision; and

The individual may request to be removed from the mandatory exclusion list only as provided in Regulation .05 of this chapter.

Be submitted within 15 days of the date of the individual’s receipt of the written notice of the recommendation of the Director or the Director’s designee; and

Describe the individual’s legal and factual bases for disagreeing with the recommendation.

Excluded individuals; and

Individuals who may be eligible for placement on the mandatory exclusion list; and

To play video lottery terminals; and

In areas of the video lottery facility where video lottery terminals or table games are located.

Is included on the mandatory exclusion list; and

Is required to be prevented from playing video lottery terminals or table games;

A license fee under State Government Article, §9-1A-07(b), Annotated Code of Maryland;

A fee associated with an applicant's criminal history records check under State Government Article, §9-1A-20(d), Annotated Code of Maryland;

An application, license, or renewal fee under COMAR 36.03.02, 36.03.03, and 36.04.02;

An annual fee of $425 for each authorized video lottery terminal on a video lottery terminal operator’s license, to be paid by a video lottery operation licensee as required by State Government Article, §9-1A-33, Annotated Code of Maryland, and COMAR 36.04.02.02;

For the highest number of table games in use on a single gaming day in the applicable calendar year, an annual fee of $500 to be paid by a video lottery operation licensee for each table game as authorized by State Government Article, §9-1A-33, Annotated Code of Maryland;

Except for an initial license fee for a video lottery operation license, any other fee imposed by the Commission under State Government Article, Title 9, Subtitle 1A, Annotated Code of Maryland; and

A renewal of a video lottery facility license under COMAR 36.03.03.10.

An annual fee of $425 for a video lottery terminal; and

An annual fee of $500 for a table game; and

The Commission shall notify the facility operator that is a party to the junket agreement of the disapproval or determination; and

The operations under the agreement shall be suspended as of the date of the Commission’s disapproval until it is amended by the parties to the satisfaction of the Commission.

Maintain good standing with the Maryland Department of Assessment and Taxation; and

Obtain and maintain all required business licenses and permits;

The origin of a junket and its date and time of arrival and departure;

The name of all junket enterprises and junket representatives involved in the junket;

A junket manifest that lists the names and addresses of the junket participants;

The nature, amount, and value of complimentary services, accommodations, and other items provided by the facility to a junket participant; and

The total amount of services or other items of value provided to or for the benefit of a patron participating in a junket that was paid for by the junket enterprise, a junket representative, or an agent or employee of a junket enterprise or junket representative;

Certified check, cashier’s check, treasurer’s check, travelers check, or money order that is:

Certified check, cashier’s check, treasurer’s check, or money order that is:

“Complimentary services” means any lodging, service, or item which:

“Complimentary services” does not include:

Directly or indirectly to a player; and

With or without regard to the:

Promotional play instrument; or

Download from the system to the video lottery terminal.

At a minimum, the first initial, last name, and Commission license number, written by the facility employee or contractor; or

The unique identification code issued to the facility employee or contractor by the facility operator if the document to be signed is authorized by the Commission to be generated by a video lottery system and the method of signature is approved or required by the Commission.

Video lottery terminal data system;

Casino management system;

Gaming ticket system;

Promotional play system; and

Player tracking system.

Handle;

Payout;

Win amount;

Win percentage; and

Average payout percentage;

Loans and other amounts payable by a facility operator;

Player disputes including player complaint forms filed with the Commission under Regulation .47 of this chapter;

Negotiable instruments accepted, deposited, returned as uncollected or ultimately written-off by a facility operator under this chapter; and

Investments in property and equipment for the benefit of a facility.

Transactions or financial events which occur in connection with the operation of a video lottery terminal or table game are:

Access to assets is permitted only in accordance with the facility operator’s authorization protocols; and

The recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with regard to a discrepancy;

That a video lottery terminal accurately and timely communicates all required activities and financial details to the:

That all functions, duties, and responsibilities are segregated and performed in accordance with sound financial practices by qualified personnel; and

Through the use of a surveillance and a security department, that the facility is secure at all times during normal operation and during any emergency due to malfunctioning equipment, loss of power, natural disaster, or any other cause;

Content of, and administrative responsibility over, the manual or computerized access control matrix governing employee access to restricted areas;

Issuance of a temporary access credential; and

Comprehensive key controls;

Establish a consistent overall system of internal controls;

Provide reasonable assurance that financial reporting conforms to generally accepted accounting principles in the United States; and

Conform to the requirements of State Government Article, Title 9, Subtitle 1A, Annotated Code of Maryland, and this chapter; and

The effectiveness of the design of the submitted system of internal controls over financial reporting;

Whether the submitted system of internal controls conforms to the requirements of State Government Article, Title 9, Subtitle 1A, Annotated Code of Maryland, and this chapter; and

If applicable, whether a deviation from the requirements of State Government Article, Title 9, Subtitle 1A, Annotated Code of Maryland, or this chapter identified by the independent certified public accountant in the course of its review of the submitted system of internal controls is material.

Material weaknesses or significant deficiencies in the facility operator’s Commission-approved internal controls noted in the course of the examination of the financial statements; and

Recommendations as to how to eliminate each material weakness or significant deficiency identified; and

Form S-1;

Form 8-K;

Form 10-Q;

Form 10-K;

Proxy statement;

Information statement; and

Registration statement; and

Accounting principles or practices;

Financial statement disclosure; or

Auditing scope or procedure;

At the facility; or

An off-site location approved by the Commission under §G of this regulation for the express purpose of document storage;

The identity of the document;

Period of retention; and

Date of destruction.

Signature cards of terminated employees;

Insurance records relating to claims by players;

Surveillance and security department:

Documentation pertaining to gaming tickets or promotional play instruments reported to the Commission as possibly counterfeit, altered, or tampered with;

Cancelled promotional play instruments for which all reconciliations required by the facility operator’s approved internal controls have been conducted and resolved;

Voided gaming tickets; and

Gaming tickets redeemed at a location other than a video lottery terminal or ticket redemption unit; and

On or before the 15th day of the month following the end of each quarter; or

At the request of the Commission.

Rooms;

Food and Beverage;

Travel;

Gifts:

Other; and

Complimentary services offered by a facility operator in the normal course of business shall be reported at an amount based upon the full retail price normally charged for the service by the facility operator;

Complimentary services not offered for sale by the facility operator in the normal course of business but provided directly by the facility operator to the player shall be reported at an amount based upon the actual cost to the facility operator of providing the service;

Complimentary services provided directly or indirectly on behalf of a facility operator by a third party not related to the facility operator shall be reported at an amount based upon the actual cost to the facility operator of having the third party provide the service; and

Complimentary services provided directly or indirectly on behalf of a facility operator by a third party related to the facility operator shall be reported at an amount based upon the actual cost to the third party of providing the service.

Rooms;

Food and Beverage;

Travel;

Gifts:

Other; and

At least quarterly, by the 15th day of the month following the end of each quarter; or

At the request of the Commission.

Commit an error or to perpetrate a fraud; and

Conceal the error or fraud in the normal course of the individual’s duties;

Based for employment purposes at the facility;

Licensed as a principal employee; and

Ultimately responsible for the daily conduct of all operations at the facility; and

A surveillance department supervised by a director of surveillance:

An internal audit department supervised by a director of internal audit:

An information technology department supervised by a director of information technology:

A security department supervised by a director of security:

An accounting department supervised by a director of finance:

A gaming operations department supervised by a director of gaming operations:

The facility operator; or

A Commission-authorized licensed affiliate of the facility operator.

The vacant position;

The date on which the position will become or became vacant; and

The date on which the facility operator anticipates that the vacancy will be filled on a permanent basis;

The vacant position filled;

The name of the individual designated to fill the position;

The date that the vacancy was filled; and

Whether the vacancy has been filled on a temporary or permanent basis.

Lenses of sufficient magnification to read a video lottery terminal reel strip and credit meter;

Lighting which is continuous and of sufficient quality to produce clear video recordings and still pictures; and

360-degree pan, tilt, and zoom capability, without camera stops, configured to clandestinely monitor and record:

Staffed by employees of the facility operator’s surveillance department 24 hours per day; and

Equipped with:

Superimpose the date and time on all monitoring and recording;

Identify and locate, through the use of a meter, counter, or other device or method, a particular event which was recorded;

Identify on video recording disks or other storage media the type of media player and software prerequisite to viewing the digital images; and

Be authenticated through use of an embedded video verification encryption code or watermark;

Installed and disclosed to employees of the facility; and

Consistent with Courts and Judicial Proceedings Article, §§10-401—10-414, Annotated Code of Maryland; and

Controls:

Restricts access to the security administration capabilities of the system.

In a compact disc;

Using a secure drive; or

Another method approved by the Commission; and

Camera configuration inside and outside the facility;

Monitor room configuration;

Video recording format and configuration specifications;

Authentication of digital recordings, including Commission access to the system’s video verification encryption code or watermark;