Chapter 10. Video Lottery Facility Minimum Internal Control Standards
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Bill validator” means an element of a video lottery terminal designed and configured to accept any combination of currency, gaming tickets, promotional play instruments, or other instruments authorized by the Commission for activating credits on a video lottery terminal.
(2)
“Cash” means currency and coin.
(3)
“Cash equivalent” means a:
(a)
Certified check, cashier’s check, treasurer’s check, travelers check, or money order that is:
(i)
Payable to the facility operator, “bearer”, or “cash”;
(ii)
Drawn for a specific amount;
(iii)
Currently dated not postdated;
(iv)
Payable on demand; and
(v)
Without an endorsement; and
(b)
Certified check, cashier’s check, treasurer’s check, or money order that is:
(i)
Made payable to the presenting player;
(ii)
Drawn for a specific amount;
(iii)
Currently dated not postdated;
(iv)
Payable on demand;
(v)
Endorsed by the presenting player; and
(vi)
Without an endorsement other than that of the presenting player.
(4)
“Cash storage box” means a secure tamper resistant container in a bill validator into which currency, gaming tickets, promotional play instruments, or other instruments authorized by the Commission for activating credits on a video lottery terminal are deposited.
(5)
“Cashable credit” means a credit on a video lottery terminal which activates play and is convertible to cash at the conclusion of play.
(6)
Complimentary Services.
(a)
“Complimentary services” means any lodging, service, or item which:
(i)
Is offered by a facility operator directly or indirectly to a player at no cost or at a reduced cost; and
(ii)
Is not generally available to the public.
(b)
“Complimentary services” does not include:
(i)
Noncashable credits issued to a player as part of a player incentive or reward program; and
(ii)
Lodging available to the public through convention or government rates.
(7)
“Customer deposit account” means a player-specific account established in a facility operator’s cashiers’ cage accountability into which a player may deposit cash or funds accepted by means of personal check, wire transfer, cash equivalent, or other negotiable instrument.
(8)
“Gaming ticket” means an instrument that upon insertion into a video lottery terminal bill validator entitles the player inserting the gaming ticket to credits on a video lottery terminal corresponding to the amount printed on the gaming ticket.
(9)
“Gaming ticket system” means the collective hardware, software, communications technology, and other ancillary equipment owned or leased by a facility operator to facilitate the issuance or redemption of a gaming ticket.
(10)
“Noncashable credit” means a credit on a video lottery terminal which activates play but is not convertible to cash at the conclusion of play.
(11)
“Promotional play” means an award by a facility operator of noncashable credits on a video lottery terminal:
(a)
Directly or indirectly to a player; and
(b)
With or without regard to the:
(i)
Identity of the player; or
(ii)
Player’s level of gaming activity.
(12)
“Promotional play system” means the collective hardware, software, communications technology and other ancillary equipment owned or leased by a facility operator to facilitate the award of promotional play at a video lottery terminal or table game by means of a:
(a)
Promotional play instrument; or
(b)
Download from the system to the video lottery terminal.
(13)
“Replacement check” means a personal check accepted by a facility operator in a counter check substitution, consolidation, or redemption transaction under Regulation .28 of this chapter.
(14)
“Signature”, for a facility employee or contractor, means:
(a)
At a minimum, the first initial, last name, and Commission license number, written by the facility employee or contractor; or
(b)
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.
(15)
“Video lottery system” means the collective hardware, software, communications technology, and other ancillary equipment owned or leased by a facility operator to collect, monitor, interpret, analyze, authorize, issue, redeem, report, and audit data with regard to activity at video lottery terminals, including, but not limited to, a:
(a)
Video lottery terminal data system;
(b)
Casino management system;
(c)
Gaming ticket system;
(d)
Promotional play system; and
(e)
Player tracking system.
(16)
“Wire transfer” means a transfer of funds by means of the Federal Reserve Bank wire system in accordance with the requirements of 12 C.F.R. 210.25 et seq.
Regulation .02 Accounting Records.LinkCopy Citation
A.
A facility operator shall maintain complete, accurate, and legible records of all transactions pertaining to the revenues and expenses of a facility.
B.
General ledger records shall be maintained on a double entry system of accounting with transactions recorded on a basis consistent with generally accepted accounting principles in the United States.
C.
Subsidiary ledgers and records supporting general ledger records shall be prepared in accordance with generally accepted accounting principles in the United States.
D.
Subsidiary ledgers and records shall include, at a minimum, documents that:
(1)
Support the financial statements and all transactions impacting the financial statements including contracts or agreements with manufacturers, contractors, and management companies;
(2)
Pertain to proceeds including generation of, accounting for, and transmission into the State Lottery Fund;
(3)
Identify for each video lottery terminal and table game on a week-to-date, month-to-date, and year-to-date basis:
(a)
Handle;
(b)
Payout;
(c)
Win amount;
(d)
Win percentage; and
(e)
Average payout percentage;
(4)
Summarize the cost, by category of service, of complimentary services under Regulation .09 of this chapter;
(5)
Identify all costs and expenses associated with the operation of a facility;
(6)
Are prepared in compliance with the internal controls approved by the Commission under Regulation .05 of this chapter; and
(7)
Relate to:
(a)
Loans and other amounts payable by a facility operator;
(b)
Player disputes including player complaint forms filed with the Commission under Regulation .47 of this chapter;
(c)
Negotiable instruments accepted, deposited, returned as uncollected or ultimately written-off by a facility operator under this chapter; and
(d)
Investments in property and equipment for the benefit of a facility.
Regulation .03 Forms and Documents.LinkCopy Citation
A.
A form or document required by this chapter, including stored data, shall have:
(1)
All information placed on the form or document recorded in ink or another permanent form; and
(2)
The title of the form or document and the name of the facility imprinted or preprinted on it.
B.
If under this chapter multiple copies are required of a form or document, all copies shall have the name of the recipient receiving the copy preprinted on the bottom of the copy in order to differentiate between the copies.
C.
If under this chapter a form or document is required to be accounted for by series number or copies of a form or document are required to be compared for agreement, the accounting department shall report exceptions in writing to the responsible department and facility’s internal audit department not later than 2 days after identification of the exception.
D.
A facility operator may prepare more copies of a form or document than required by this chapter.
Regulation .04 Content of Internal Controls.LinkCopy Citation
A.
A facility operator shall develop a written description of its administrative and accounting procedures, including the system of internal controls over video lottery terminal and table game operations.
B.
A facility operator’s internal controls are subject to review and approval under Regulation .05 of this chapter.
C.
Internal controls shall, at a minimum, include:
(1)
Administrative controls and record keeping that document the authorization of transactions;
(2)
Accounting controls that provide reasonable assurance that:
(a)
Transactions or financial events which occur in connection with the operation of a video lottery terminal or table game are:
(i)
Executed in accordance with the facility operator’s authorization protocols;
(ii)
Recorded to permit preparation of financial statements in conformance with generally accepted accounting principles in the United States and the requirements of this chapter; and
(iii)
Recorded to permit proper and timely reporting and calculation of proceeds and to maintain accountability for assets;
(b)
Access to assets is permitted only in accordance with the facility operator’s authorization protocols; and
(c)
The recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with regard to a discrepancy;
(3)
Procedures and controls for ensuring:
(a)
That a video lottery terminal accurately and timely communicates all required activities and financial details to the:
(i)
Central monitor and control system; and
(ii)
Video lottery system;
(b)
That all functions, duties, and responsibilities are segregated and performed in accordance with sound financial practices by qualified personnel; and
(c)
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;
(4)
Access controls which address, at a minimum:
(a)
Content of, and administrative responsibility over, the manual or computerized access control matrix governing employee access to restricted areas;
(b)
Issuance of a temporary access credential; and
(c)
Comprehensive key controls;
(5)
A record retention policy in accordance with Regulation .08 of this chapter;
(6)
Procedures and controls over the movement of cash and the count room;
(7)
Procedures and standards for conducting internal audits; and
(8)
Other procedures and controls the Commission may require to be included in a facility operator’s internal controls.
D.
A facility operator shall make available a current version of its Commission-approved internal controls, in hard copy or through secure computer access, to:
(1)
All mandatory departments required under Regulation .10E(6) of this chapter; and
(2)
The Commission’s on-site office.
E.
A facility operator shall maintain, in hard copy or electronic form, all superseded internal controls together with the written representations required under Regulation .05 of this chapter, for at least 5 years subsequent to the date the internal controls were superseded.
Regulation .05 Review of Internal Controls.LinkCopy Citation
A.
At least 60 days before video lottery terminal or table game operations are to commence, a facility operator shall submit its internal controls to the Commission for review and written approval.
B.
The internal controls shall be accompanied by:
(1)
A certification by the facility operator’s chief executive officer or chief legal officer that the submitted internal controls conform to the requirements of State Government Article, Title 9, Subtitle 1A, Annotated Code of Maryland, and this chapter;
(2)
A certification by the facility operator’s director of finance that the submitted internal controls:
(a)
Establish a consistent overall system of internal controls;
(b)
Provide reasonable assurance that financial reporting conforms to generally accepted accounting principles in the United States; and
(c)
Conform to the requirements of State Government Article, Title 9, Subtitle 1A, Annotated Code of Maryland, and this chapter; and
(3)
An opinion letter by an independent certified public accountant expressing an opinion as to:
(a)
The effectiveness of the design of the submitted system of internal controls over financial reporting;
(b)
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
(c)
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.
C.
A facility operator may not commence operations until its internal controls are approved in writing by the Commission.
D.
If the Commission determines that a submitted internal control is deficient the:
(1)
Commission shall provide the facility operator with written notice of the deficiency; and
(2)
Facility operator shall revise the internal control as appropriate and resubmit to the Commission for review.
E.
A facility operator may not implement a change or amendment in its approved internal controls without the prior written approval of the Commission.
F.
A facility operator’s initial internal controls submission and a change or amendment to its approved internal controls shall be reviewed and approved in accordance with a process and time frame developed and implemented by the Commission.
G.
The process developed by the Commission under §F of this regulation shall, at a minimum, require the facility operator to:
(1)
Submit a redlined copy of any section of the approved internal controls to be changed or amended with added text underlined and deleted text lined out;
(2)
Document on the redlined copy the date the Commission approved the section to be changed or amended and the date the revision was submitted to the Commission for review;
(3)
Submit a narrative explaining the reason for the change or amendment which includes the facility operator’s target date for implementation;
(4)
Submit the written representations required in §B(1) and (2) of this regulation with regard to the proposed change or amendment;
(5)
Maintain a log of all changes or amendments in approved internal controls which includes the initial approval date and the effective date of any change or amendment approved by the Commission; and
(6)
Mark each page of approved internal controls with the date on which it was approved by the Commission.
Regulation .06 Standard Financial and Statistical Reports.LinkCopy Citation
A.
The Commission may require a facility operator to submit daily, weekly, monthly, quarterly, and annual reports of financial and statistical data.
B.
Reports required under this regulation shall be in a form and submitted in accordance with a time frame specified by the Commission.
C.
Unless otherwise specified by the Commission, reports to the Commission shall be signed by the:
(1)
Chief executive officer if the facility operator is a corporation;
(2)
General partner if the facility operator is a partnership;
(3)
Manager if the facility operator is a limited liability company;
(4)
Chief executive officer or functional equivalent if the facility operator is any other form of business association; or
(5)
Owner if the facility operator is a sole proprietorship.
D.
A facility operator shall submit a report to the Commission on the due date specified by the Commission unless an extension has been approved in writing by the Commission.
E.
The Commission may, on written notice to a facility operator, require an interim report to be submitted in a form and in accordance with a time frame specified by the Commission.
Regulation .07 Annual Audit and Other Regulatory Reports.LinkCopy Citation
A.
A facility operator shall cause its annual financial statements to be audited in accordance with generally accepted auditing standards by an independent certified public accountant.
B.
The annual financial statements shall be:
(1)
Prepared on a comparative basis for the current and prior fiscal year and present financial position and results of operations in conformity with generally accepted accounting principles in the United States; and
(2)
If the revenue and assets of the Maryland facility operator operations are less than 75 percent of the combined total of the operator’s parent, Maryland specific audited annual financial statements of the facility operator revenue and assets.
C.
The audited financial statements shall include a footnote reconciling and explaining any difference between the financial statements included in any report submitted to the Commission under Regulation .06 of this chapter and the audited financial statements.
D.
A facility operator shall with regard to adjustments resulting from the annual audit:
(1)
Disclose to the Commission all adjustments whether or not recorded in the accounting records; and
(2)
Record the adjustment in the accounting records of the year to which the adjustment relates.
E.
No later than 90 days after the end of its fiscal year, a facility operator shall submit to the Commission:
(1)
A copy of its audited financial statements; and
(2)
Any management letter or report prepared with regard to the financial statements by its independent certified public accountant.
F.
A facility operator shall require the independent certified public accountant auditing its financial statements or other qualified entity approved by the Commission to render the following additional reports:
(1)
A report identifying:
(a)
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
(b)
Recommendations as to how to eliminate each material weakness or significant deficiency identified; and
(2)
A report assessing the adequacy and effectiveness of the facility operator’s information technology security controls and system configurations with recommendations as to how to eliminate each material weakness or significant deficiency identified.
G.
A facility operator shall prepare a written response to the reports required by §F of this regulation which includes details as to any corrective action taken.
H.
No later than 120 days after the end of its fiscal year, a facility operator shall submit to the Commission a copy of:
(1)
The reports required under §F of this regulation;
(2)
The response required under §G of this regulation; and
(3)
Any other report on internal controls or other matters relative to its accounting or operating procedures rendered by its independent certified public accountant.
I.
If a facility operator or any of its affiliates are publicly held, the facility operator shall submit to the Commission a copy of:
(1)
Any report required to be filed with the Securities and Exchange Commission including:
(a)
Form S-1;
(b)
Form 8-K;
(c)
Form 10-Q;
(d)
Form 10-K;
(e)
Proxy statement;
(f)
Information statement; and
(g)
Registration statement; and
(2)
Any other report required to be filed with a domestic or foreign securities regulatory agency.
J.
A report required to be filed under §I of this regulation shall be submitted to the Commission no later than 10 days after the date of filing with the applicable agency.
K.
A facility operator shall submit a written report to the Commission if an independent certified public accountant who is engaged as the principal accountant to audit its financial statements:
(1)
Resigns;
(2)
Is dismissed as the facility operator’s principal accountant; or
(3)
Is replaced by another independent certified public accountant as principal accountant.
L.
A report required to be filed under §K of this regulation shall include:
(1)
The date of the resignation, dismissal, or new engagement;
(2)
Whether in connection with the audits of the 2 most recent years preceding a resignation, dismissal, or new engagement there were any disagreements, resolved or unresolved, with the former accountant on:
(a)
Accounting principles or practices;
(b)
Financial statement disclosure; or
(c)
Auditing scope or procedure;
(3)
The nature of any disagreement disclosed in §L(2) of this regulation;
(4)
Whether the principal accountant’s report on the financial statements for either of the past 2 years contained an adverse opinion or disclaimer of opinion or was qualified;
(5)
The nature of any adverse opinion, disclaimer of opinion, or qualification; and
(6)
A letter from the former principal accountant addressed to the Commission stating whether the principal accountant concurs with the statements made by the facility operator in the report to the Commission submitted under this section.
M.
A report required to be filed under §K of this regulation shall be submitted to the Commission no later than 10 days after the end of the month in which the resignation, dismissal, or new engagement occurred.
N.
No later than 7 days after the date of filing with the Financial Crimes Enforcement Network, a facility operator shall provide the Commission with access to each Suspicious Activity Report-Casino filed under 31 CFR §103.21.
O.
A facility operator or a director, officer, employee, or agent of a facility operator who reports suspicious activity under 31 CFR §103.21 may not notify an individual involved in the suspicious activity that the suspicious activity has been reported.
P.
No later than 7 days after the date of filing with the Financial Crimes Enforcement Network, a facility operator shall provide the Commission with access to each Currency Transaction Report by Casino filed under 31 CFR §103.22.
Q.
At least 30 days before video lottery terminal operations are to commence, a facility operator shall submit to the Commission a copy of its compliance program required under 31 CFR §103.64.
R.
On or before the effective date, a facility operator shall submit to the Commission any change or amendment to its compliance program required under 31 CFR §103.64.
Regulation .08 Record Retention.LinkCopy Citation
A.
Definition.
(1)
In this regulation, the following term has the meaning indicated.
(2)
Term Defined. “Books and records” means any document pertaining to, prepared in, or generated by a facility operator, without regard to the medium through which the record is generated or maintained, including all general ledger records, subsidiary records and ledgers, computer-generated data, forms, documents, internal audit reports and work papers, correspondence, and personnel records.
B.
All original books and records shall be:
(1)
Prepared and maintained in a complete, accurate, and legible form;
(2)
Stored in a format that ensures readability, regardless of whether the technology or software that created or maintains it has become obsolete;
(3)
Retained in a secure location equipped with a fire notification system:
(a)
At the facility; or
(b)
An off-site location approved by the Commission under §G of this regulation for the express purpose of document storage;
(4)
Kept immediately available for inspection by the Commission during all hours of operation;
(5)
Organized and indexed in a manner designed to provide immediate accessibility to the Commission; and
(6)
Destroyed only after expiration of the minimum retention period required under this regulation.
C.
The Commission may, on submission of a written request or alternate record retention schedule by a facility operator, authorize destruction prior to the expiration of the minimum retention period required under this regulation.
D.
Unless a request for destruction or alternate record retention schedule is submitted in writing and approved in writing by the Commission, a facility operator shall retain indefinitely original books and records documenting:
(1)
Ownership of the facility;
(2)
Internally initiated investigations and due diligence;
(3)
Personnel matters;
(4)
Signature cards of current employees; and
(5)
Destruction of documents including:
(a)
The identity of the document;
(b)
Period of retention; and
(c)
Date of destruction.
E.
Unless a request for destruction or alternate record retention schedule is submitted in writing and approved in writing by the Commission, a facility operator shall retain for a minimum of 5 years all original books and records not:
(1)
Identified for indefinite retention under §D of this regulation; or
(2)
Subject to an exemption under §F of this regulation.
F.
Exceptions. The following exceptions apply to the retention period in §D of this regulation:
(1)
A minimum retention period of 4 years shall apply to documentation pertaining to cashiers’ cage transactions;
(2)
A minimum retention period of 3 years shall apply to:
(a)
Signature cards of terminated employees;
(b)
Insurance records relating to claims by players;
(c)
Surveillance and security department:
(i)
Employee duty logs;
(ii)
Visitor logs;
(iii)
Incident logs;
(iv)
Recording logs; and
(v)
Equipment malfunction reports; and
(d)
Documentation pertaining to gaming tickets or promotional play instruments reported to the Commission as possibly counterfeit, altered, or tampered with;
(3)
A minimum retention period of 30 days shall apply to:
(a)
Cancelled promotional play instruments for which all reconciliations required by the facility operator’s approved internal controls have been conducted and resolved;
(b)
Voided gaming tickets; and
(c)
Gaming tickets redeemed at a location other than a video lottery terminal or ticket redemption unit; and
(4)
A minimum retention period of 7 days shall apply to gaming tickets redeemed at a video lottery terminal or ticket redemption unit.
G.
On submission of a written request by the facility operator, the Commission may approve a location outside the facility to store original books and records.
H.
A facility operator requesting to store original books and records outside the facility shall submit to the Commission:
(1)
A description of the proposed location, including details with regard to security and fire notification systems;
(2)
Details with regard to the ownership of the proposed storage facility; and
(3)
Procedures for Commission access to original books and records retained at the proposed location.
I.
A facility operator may not store books and records outside the facility without the prior written approval of the Commission.
J.
On submission of a written request by a facility operator, the Commission may approve a microfilm, microfiche, or other suitable media system for the copying and storage of original books and records.
K.
A facility operator submitting a system for the copying and storage of original books and records shall demonstrate to the satisfaction of the Commission that the:
(1)
Processing, preservation, and maintenance methods to be utilized will make books and records readily available for review and reproduction;
(2)
Inspection and quality control methods to be utilized will ensure that when books and records are viewed or reproduced they will exhibit a high degree of legibility and readability;
(3)
Equipment necessary to readily locate, read, and reproduce books and records is available to the Commission at the facility or approved off-site storage location; and
(4)
Detailed index of all microfilmed, microfiched, or other stored data maintained and arranged to facilitate the immediate location of particular books and records is available to the Commission at the facility or approved off-site storage location.
L.
A facility operator may not utilize a microfilm, microfiche, or other suitable media system for the copying and storage of original books and records without the prior written approval of the Commission.
M.
A facility operator may utilize the services of a contractor for the destruction of books and records permitted to be destroyed under this regulation.
N.
Nothing in this regulation shall be construed as relieving a facility operator of any obligation to prepare or maintain books and records required by any other federal, State, or local governmental entity.
Regulation .09 Complimentary Services.LinkCopy Citation
A.
Definition.
(1)
A facility operator shall be under the authority of the County Alcoholic Beverages Licensing Authority for the county in which the facility is located with regard to the sale to individuals of food and alcoholic beverages;
(2)
Except as provided in this section, a facility operator may not provide food or alcoholic beverages to individuals at no cost;
(3)
Food or alcoholic beverages offered by a facility operator for sale to individuals may be offered only at prices that are determined by the County Alcoholic Beverages Licensing Authority to be commensurate with the price of similar types of food and alcoholic beverages at restaurants in the county in which the facility is located; and
(4)
A facility operator may provide food at no cost to individuals to the same extent allowed under Article 2B, §12-106, Annotated Code of Maryland, for a person engaged in the sale or barter of spirituous, malt, or intoxicating liquors and licensed in Maryland.
B.
A facility operator shall develop, maintain in writing, and implement adequate internal controls over the authorization and provision of complimentary services.
C.
A facility operator shall at all times make available to the Commission the internal controls required under §C of this regulation but is not required to include them in the system of internal controls submitted to the Commission for approval under Regulation .05 of this chapter.
D.
A facility operator shall collect and retain data pertaining to the cost of, and number of individuals provided with, each category of complimentary services.
E.
Report.
(1)
A facility operator shall submit to the Commission a quarterly report summarizing complimentary services provided during the reporting period.
(2)
The report shall include year-to-date totals of complimentary services provided.
(3)
The report must be submitted:
(a)
On or before the 15th day of the month following the end of each quarter; or
(b)
At the request of the Commission.
F.
The report required under §F of this regulation shall:
(1)
Separate complimentary services into the following categories:
(a)
Rooms;
(b)
Food and Beverage;
(c)
Travel;
(d)
Gifts:
(i)
Cash; and
(ii)
Noncash; and
(e)
Other; and
(2)
Determine the cost of complimentary services provided to a player as follows:
(a)
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;
(b)
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;
(c)
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
(d)
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.
G.
A facility operator shall submit to the Commission a report identifying a player who, together with guests, received $5,000 or more in complimentary services within a period of 5 consecutive days.
H.
The report required by §G of this regulation shall:
(1)
State the reason complimentary services were provided;
(2)
Include the player’s rating in the facility operator’s player rating system at the time the complimentary services were provided;
(3)
Disclose the total amount, including year-to-date totals, provided in complimentary services separated into the following categories:
(a)
Rooms;
(b)
Food and Beverage;
(c)
Travel;
(d)
Gifts:
(i)
Cash; and
(ii)
Noncash; and
(e)
Other; and
(4)
Be submitted:
(a)
At least quarterly, by the 15th day of the month following the end of each quarter; or
(b)
At the request of the Commission.
Regulation .10 Table of Organization.LinkCopy Citation
A.
For the purposes of this regulation, the title used to describe a department head is intended to indicate responsibility for the functions of the enumerated department and does not obligate the facility operator to the use of that particular title.
B.
Subject to the requirements of this regulation, a facility operator shall tailor its table of organization to meet its needs and policies.
C.
At least 30 days before video lottery terminal or table game operations are to commence, a facility operator shall submit to the Commission for review and written approval a table of organization depicting all direct and indirect reporting lines for:
(1)
The chief executive officer required under §E(5) of this regulation;
(2)
Mandatory departments required under §E(6) of this regulation;
(3)
The cashiers’ cage manager required under §M of this regulation;
(4)
Employees authorized to verify credit applications under Regulation .25 of this chapter; and
(5)
Employees authorized to extend credit or to approve credit limit increases under Regulation .24 of this chapter.
D.
A facility operator may not commence operations until the table of organization submitted under §C of this regulation is approved in writing by the Commission.
E.
A facility operator’s table of organization shall include:
(1)
A system of personnel and chain of command which permits management and supervisory personnel to be held accountable for actions or omissions within their areas of responsibility;
(2)
The segregation of incompatible functions, duties, and responsibilities so that no individual is in a position to both:
(a)
Commit an error or to perpetrate a fraud; and
(b)
Conceal the error or fraud in the normal course of the individual’s duties;
(3)
All functions, duties, and responsibilities of qualified personnel;
(4)
Areas of responsibility which are not so extensive as to be impractical for one individual to monitor;
(5)
A chief executive officer:
(a)
Based for employment purposes at the facility;
(b)
Licensed as a principal employee; and
(c)
Ultimately responsible for the daily conduct of all operations at the facility; and
(6)
The following mandatory departments and supervisors:
(a)
A surveillance department supervised by a director of surveillance:
(i)
Based for employment purposes at the facility;
(ii)
Subject to the reporting requirements of §G of this regulation;
(iii)
Licensed as a principal employee; and
(iv)
Responsible for the surveillance of all aspects of video lottery terminal and table game operations;
(b)
An internal audit department supervised by a director of internal audit:
(i)
Based for employment purposes at the facility;
(ii)
Subject to the reporting requirements of §G of this regulation;
(iii)
Licensed as a principal employee; and
(iv)
Responsible for assessing compliance with approved internal controls, applicable laws and regulations, the reliability of financial reporting, deterring and investigating fraud, and the safeguarding of assets;
(c)
An information technology department supervised by a director of information technology:
(i)
Based for employment purposes at the facility;
(ii)
Licensed as a principal employee; and
(iii)
Responsible for the quality, reliability, accuracy, and security of all video lottery systems and associated equipment and software utilized by the facility operator regardless of whether the data, software, or systems are located in or outside the facility;
(d)
A security department supervised by a director of security:
(i)
Based for employment purposes at the facility;
(ii)
Licensed as a principal employee; and
(iii)
Responsible for the overall security of the facility;
(e)
An accounting department supervised by a director of finance:
(i)
Based for employment purposes at the facility;
(ii)
Licensed as a principal employee; and
(iii)
Responsible for all accounting and finance functions including the control and supervision of the cashiers' cage, satellite cages, and count room; and
(f)
A gaming operations department supervised by a director of gaming operations:
(i)
Based for employment purposes at the facility;
(ii)
Licensed as a principal employee; and
(iii)
Responsible for the operation and conduct of gaming at video lottery terminals and table games.
F.
Nothing in this regulation shall preclude a facility operator from establishing a video lottery terminals and table games department supervised by a director of video lottery terminal operations and a director of table games operation.
G.
The director of surveillance and the director of internal audit required under §E(6) of this regulation shall be independent of the chief executive officer regarding matters of policy, purpose, responsibility, and authority and shall report directly to an:
(1)
Individual based for employment purposes at the facility with no incompatible functions; or
(2)
Audit committee of:
(a)
The facility operator; or
(b)
A Commission-authorized licensed affiliate of the facility operator.
H.
The individual or audit committee to whom the director of surveillance and the director of internal audit report under §G of this regulation shall also control the hiring, termination, and salary of the director.
I.
The director of surveillance and the director of internal audit may report to the chief executive officer with regard to daily operations.
J.
Mandatory departments and the supervisors over them shall cooperate with, yet perform independently of, all other mandatory departments and supervisory positions.
K.
A facility operator may designate more than one individual to serve jointly as the director of a mandatory department required by §E of this regulation.
L.
A joint director of a mandatory department under §K of this regulation shall be:
(1)
Based for employment purposes at the facility; and
(2)
Individually and jointly accountable and responsible for the operation of the department.
M.
A department that is not mandatory may operate under, or in conjunction with, a mandatory department where the table of organization is consistent with the requirements of §E of this regulation.
N.
A facility operator’s cashiers’ cage manager shall be licensed as a principal employee.
O.
Unless another principal employee required by this regulation is present at the facility, on any shift for which the cashiers’ cage manager is not present in the facility, the cashiers’ cage shift manager responsible for the cashiers’ cage shall be licensed as a principal employee.
P.
A facility operator may not implement a change in the table of organization approved by the Commission under §D of this regulation without the prior written approval of the Commission.
Q.
A facility operator shall ensure that an individual employed at the facility is trained in the policies, procedures, and internal controls relevant to the individual’s function.
R.
Vacancy. If there is a vacancy in the chief executive officer position or any mandatory department director position required by §E of this regulation, the following shall apply:
(1)
No later than 5 days after the date of a vacancy, a facility operator shall notify the Commission in writing of:
(a)
The vacant position;
(b)
The date on which the position will become or became vacant; and
(c)
The date on which the facility operator anticipates that the vacancy will be filled on a permanent basis;
(2)
No later than 30 days after the date of a vacancy, a facility operator shall fill the vacant position on a temporary basis;
(3)
No later than 120 days after the original date of the vacancy, a facility operator shall fill the vacant position on a permanent basis; and
(4)
No later than 5 days after filling a vacancy, a facility operator shall notify the Commission in writing of:
(a)
The vacant position filled;
(b)
The name of the individual designated to fill the position;
(c)
The date that the vacancy was filled; and
(d)
Whether the vacancy has been filled on a temporary or permanent basis.
Regulation .11 Surveillance System Design Standards.LinkCopy Citation
A.
A facility operator shall install in its facility a surveillance system that complies with the requirements of this regulation.
B.
A facility operator’s surveillance system shall be reviewed and approved by the Commission under Regulation .12 of this chapter.
C.
A facility operator’s surveillance system shall include:
(1)
Light sensitive cameras enabled by:
(a)
Lenses of sufficient magnification to read a video lottery terminal reel strip and credit meter;
(b)
Lighting which is continuous and of sufficient quality to produce clear video recordings and still pictures; and
(c)
360-degree pan, tilt, and zoom capability, without camera stops, configured to clandestinely monitor and record:
(i)
Play and transactions conducted at video lottery terminals;
(ii)
Transactions conducted in the cashiers' cage and any satellite cage including the face of each individual transacting business with a cashier;
(iii)
Transactions conducted at ticket redemption units, automated jackpot payout machines, and automated teller machines;
(iv)
Activity in the count room;
(v)
Movement of cash and cash storage boxes within the facility;
(vi)
Entrances and exits to the facility and the gaming floor;
(vii)
Activities in all other restricted areas; and
(viii)
Other areas and events designated by the Commission;
(2)
A monitor room located in the facility:
(a)
Staffed by employees of the facility operator’s surveillance department 24 hours per day; and
(b)
Equipped with:
(i)
A communication system capable of monitoring all security department communications;
(ii)
Connections, direct or through a documented communication protocol with the security department, to all facility alarm systems;
(iii)
A surveillance failure notification system that provides an audible, as well as a visual notification, of any failure in the surveillance system or the digital video recording media storage system;
(iv)
An emergency power system, tested by the facility operator in the presence of the Commission at least once a year, which can be used to operate the surveillance system in the event of a power failure;
(v)
Computer terminals permitting event notification to, and read only access by authorized surveillance department employees to, the facility operator’s video lottery system;
(vi)
An updated photo library, consisting of photographs that are no more than 5 years old, of all current employees of the facility;
(vii)
A copy of the facility operator’s gaming floor plan required under COMAR 36.03.11.05;
(viii)
A copy of the procedures addressing the evacuation of the facility in the event of fire or other emergency required under Regulation .14 of this chapter; and
(ix)
Copies of the surveillance system contingency plans required under Regulation .12 of this chapter;
(3)
Digital video recording capability equipped to:
(a)
Superimpose the date and time on all monitoring and recording;
(b)
Identify and locate, through the use of a meter, counter, or other device or method, a particular event which was recorded;
(c)
Identify on video recording disks or other storage media the type of media player and software prerequisite to viewing the digital images; and
(d)
Be authenticated through use of an embedded video verification encryption code or watermark;
(4)
Audio recording capability in the count room that is:
(a)
Installed and disclosed to employees of the facility; and
(b)
Consistent with Courts and Judicial Proceedings Article, §§10-401—10-414, Annotated Code of Maryland; and
(5)
An access system which:
(a)
Controls:
(i)
Physical and logical access to the surveillance system; and
(ii)
Physical access to the surveillance monitor room; and
(b)
Restricts access to the security administration capabilities of the system.
D.
A facility operator shall configure its surveillance system to record all areas and transactions enumerated in §C(1)(c) of this regulation with a resolution of 4 common image format at a minimum of:
(1)
For a standard definition camera, 30 frames per second; or
(2)
For a high definition camera, 15 frames per second.
E.
A facility operator may configure its surveillance system to record activity in areas of the facility not covered by §D of this regulation at a reduced frame rate with a resolution of 4 common image format, as follows:
(1)
Public areas shall be recorded at a minimum frame rate of 15 frames per second; and
(2)
Areas not accessible to the public shall be recorded at a minimum frame rate of 7.5 frames per second.
F.
Except as provided in §G of this regulation, a facility operator shall retain surveillance recordings:
(1)
For a minimum of 7 days for transactions or events in the areas covered under §E of this regulation; and
(2)
For a minimum of 14 days for transactions or event in the areas covered under §D of this regulation.
G.
Upon the request of the Commission or a law enforcement agency that has proper jurisdiction over the facility, a recording shall be retained and stored in accordance with the directives of the Commission or law enforcement agency pertaining to that recording.
H.
Except as provided in this regulation, the surveillance system shall be under the exclusive control of the facility operator’s surveillance department.
I.
A facility operator shall provide the Commission with timely and unfettered access to its surveillance monitor room, surveillance system, and all transmissions.
J.
A facility operator shall timely comply with a request from the Commission to:
(1)
Use, as necessary, any monitor room in the facility;
(2)
Display on the monitors in its monitor room or in the Commission’s on-site monitor room any event capable of being captured by the surveillance system;
(3)
Relinquish control of a camera or monitor;
(4)
Discontinue monitoring a particular camera or recording activity captured by it;
(5)
Make a video recording or photograph of any event capable of being captured by the surveillance system; and provide the recording:
(a)
In a compact disc;
(b)
Using a secure drive; or
(c)
Another method approved by the Commission; and
(6)
Restrict or deny access to a recording or photograph.
K.
A surveillance system may not be remotely accessed from a location outside the surveillance monitor room without the prior written approval of the Commission.
L.
An entrance to a surveillance monitor room may not be visible from the gaming floor.
Regulation .12 Surveillance Department Operating Procedures.LinkCopy Citation
A.
At least 60 days before video lottery terminal or table game operations are to commence, a facility operator shall submit to the Commission for review and written approval:
(1)
A surveillance system meeting the requirements of Regulation .11 of this chapter including, at a minimum, details pertaining to:
(a)
Camera configuration inside and outside the facility;
(b)
Monitor room configuration;
(c)
Video recording format and configuration specifications;
(d)
Authentication of digital recordings, including Commission access to the system’s video verification encryption code or watermark;
(e)
Audio recording format; and
(f)
System access controls; and
(2)
Surveillance department operating procedures conforming to this regulation.
B.
A facility operator may not commence operations until its surveillance system and surveillance department operating procedures are approved in writing by the Commission.
C.
A facility operator’s surveillance department operating procedures shall, at a minimum, require:
(1)
Coverage of all areas and transactions enumerated in Regulation .11 of this chapter;
(2)
Contingency plans addressing:
(a)
Full and partial failure of the surveillance system including:
(i)
A contact list with telephone numbers for individuals required to be notified in the event of a failure; and
(ii)
Facility closure protocols; or
(iii)
An electronic format equipped with software that documents changes made by each user; and
(b)
Planned shutdown of the surveillance system;
(3)
A surveillance incident log:
(a)
Maintained by monitor room employees in:
(i)
A book with bound numbered pages that cannot be readily removed;
(ii)
An electronic format equipped with software that prevents modification of an entry after it has been initially entered into the system; or
(iii)
An electronic format equipped with software that documents changes made by each user; and
(b)
Documenting the scheduled coverage in §C(1) of this regulation and all other nonroutine surveillance activity as follows:
(i)
Date and time surveillance is commenced;
(ii)
Name and Commission license number of the individual initiating, performing, or supervising the surveillance;
(iii)
Reason for the surveillance;
(iv)
Whether the suspicious activity involves an alleged regulatory violation or criminal activity;
(v)
Name, if known, alias, or description of an individual being monitored;
(vi)
Description of the activity in which the individual being monitored is engaged;
(vii)
Reading on a meter, counter, or device that identifies the point on the video recording at which the event was recorded;
(viii)
Time at which a video recording is commenced and terminated, if different than when surveillance is commenced or terminated;
(ix)
Date and time surveillance is terminated;
(x)
Summary of the results of the surveillance; and
(xi)
Description of the time, date, and cause of any equipment or camera malfunction which occurred during the conduct of surveillance;
(4)
A surveillance room entry log:
(a)
To be signed by an individual entering the surveillance monitor room who is not a surveillance department employee assigned to the monitor room’s work shift at the time of entry;
(b)
Maintained by monitor room employees in:
(i)
A book with bound numbered pages that cannot be readily removed; or
(ii)
An electronic format equipped with software that prevents modification of an entry after it has been initially entered into the system; and
(c)
Documenting the following:
(i)
Date and time of entering the monitor room;
(ii)
The entering individual's name and department or affiliation;
(iii)
The reason for entering the monitor room;
(iv)
The name of the individual authorizing the individual's entry into the monitor room; and
(v)
The date and time of exiting the monitor room;
(5)
That surveillance monitor room employees notify:
(a)
Security department supervisory personnel within 5 minutes of an incident of equipment failure affecting coverage of the facility; and
(b)
The Commission within 30 minutes of an incident of equipment failure affecting coverage of the facility citing:
(i)
Date and time;
(ii)
Cause of the malfunction; and
(iii)
Time the facility operator’s security department was notified of the malfunction;
(6)
That the facility operator confirm in writing a notice given verbally to the Commission under §C(5) of this regulation; and
(7)
That, on a daily basis, the facility operator synchronize the date and time on the surveillance system to the date and time on the central monitor and control system and its video lottery system.
D.
A facility operator may not implement a change or amendment in its surveillance system or surveillance department operating procedures approved by the Commission under §B of this regulation without the prior written approval of the Commission.
E.
Surveillance department employees shall be reasonably segregated and independent of all other departments at the facility.
F.
A surveillance department employee may not transfer to any other department in the facility without the prior written approval of the Commission.
Regulation .13 Surveillance Department Minimum Staffing.LinkCopy Citation
A.
At least 60 days before video lottery terminal or table game operations are to commence, a facility operator shall submit its surveillance department minimum staffing plan to the Commission for review and written approval.
B.
A facility operator may not commence operations until its surveillance department minimum staffing plan is approved in writing by the Commission.
C.
A surveillance department minimum staffing plan shall assess, on a per-shift basis, the minimum number of on duty surveillance department employees necessary to:
(1)
Provide adequate and effective surveillance of all activities in and outside the facility;
(2)
Ensure the physical safety of employees of and invitees to the facility;
(3)
Comply with all applicable laws and regulations including Commission-approved internal controls and operating procedures;
(4)
Monitor the facility to ensure that the following individuals are identified, prohibited from entering the facility, and, if necessary, immediately removed from the facility:
(a)
An intoxicated individual;
(b)
An individual who is mandatorily excluded in accordance with State Government Article, §9-1A-24(d), Annotated Code of Maryland; and
(c)
An individual who is voluntarily excluded in accordance State Government Article, §9-1A-24(e), Annotated Code of Maryland; and
(5)
Monitor the gaming floor to ensure that an individual under the age of 21 years is identified, prohibited from accessing the gaming floor in accordance with State Government Article, §9-1A-24(c), Annotated Code of Maryland, and, if necessary, immediately removed from the gaming floor.
D.
A facility operator’s proposed surveillance department minimum staffing plan shall consider:
(1)
Square footage and layout of the facility;
(2)
Number and configuration of video lottery terminals and table games;
(3)
Use of fixed and roving security posts;
(4)
Activity level on a per-shift basis and identify it as slow, normal, or peak;
(5)
Department supervisory needs; and
(6)
A limit of one employee per monitor station.
E.
A facility operator may not implement a change or amendment in the surveillance department minimum staffing plan approved by the Commission under §B of this regulation without the prior written approval of the Commission.
Regulation .14 Security Department Operating Procedures.LinkCopy Citation
A.
At least 60 days before video lottery or table game operations are to commence, a facility operator shall submit to the Commission for review and written approval its security department operating procedures.
B.
A facility operator may not commence operations until its security department operating procedures are approved in writing by the Commission.
C.
A facility operator’s security department operating procedures shall, at a minimum, include:
(1)
A security zone plan for the facility, employing fixed security posts and roving security officers designed to ensure:
(a)
The physical safety of employees of and invitees to the facility;
(b)
The safeguarding of assets;
(c)
Compliance with all applicable laws and regulations including Commission approved internal controls and operating procedures;
(d)
That the following individuals are identified, prohibited from entering the facility, and, if necessary, immediately removed from the facility:
(i)
An intoxicated individual;
(ii)
An individual who is mandatorily excluded in accordance with State Government Article, §9-1A-24(d), Annotated Code of Maryland; and
(iii)
An individual who is voluntarily excluded in accordance State Government Article, §9-1A-24(e), Annotated Code of Maryland; and
(e)
That an individual under the age of 21 years is identified, prohibited from accessing the gaming floor in accordance with State Government Article, §9-1A-24(c), Annotated Code of Maryland, and, if necessary, immediately removed from the gaming floor;
(2)
Procedures and controls addressing:
(a)
Facility access controls including:
(i)
An access badge system;
(ii)
If utilized, specifications pertaining to a computerized access control system; and
(iii)
Administrative responsibility over a manual or computerized access control system;
(b)
A temporary access credential;
(c)
Key controls;
(d)
Emergency alarm and fire command responsibilities including communication protocols with the surveillance department;
(e)
Evacuation of the facility in the event of fire or other emergency;
(f)
The identification and immediate removal of an intoxicated individual, an individual under the age of 21 years, an individual who is mandatorily excluded, and an individual who is voluntarily excluded;
(g)
Player disputes under Regulation .47 of this chapter; and
(h)
The notice requirements of §C(4) of this regulation;
(3)
A security department incident log:
(a)
Maintained by security department employees in:
(i)
A book with bound numbered pages that cannot be readily removed; or
(ii)
An electronic format equipped with software that prevents modification of an entry after it has been initially entered into the system; and
(b)
Documenting the following:
(i)
Assignment number of the incident;
(ii)
Date and time;
(iii)
Name and Commission license of the department member covering the incident;
(iv)
Nature of the incident; and
(v)
Resolution of the incident; and
(4)
A requirement that a facility operator notice the Commission on detection of:
(a)
An individual engaged in, attempting to engage in, or suspected of cheating, theft, embezzlement, or other illegal activities;
(b)
An individual possessing a firearm, electronic control device, dangerous weapon, or other device or object prohibited under Regulation .48 of this chapter; or
(c)
An individual who is:
(i)
Under the age of 21 years;
(ii)
Intoxicated;
(iii)
Mandatorily excluded in accordance with State Government Article, §9-1A-24(d), Annotated Code of Maryland; or
(iv)
Voluntarily excluded in accordance with State Government Article, §9-1A-24(e), Annotated Code of Maryland.
Regulation .15 Security Department Minimum Staffing.LinkCopy Citation
A.
At least 60 days before video lottery terminal or table game operations are to commence, a facility operator shall submit its security department minimum staffing plan to the Commission for review and written approval.
B.
A facility operator may not commence operations until its security department minimum staffing plan is approved in writing by the Commission.
C.
A security department minimum staffing plan shall assess, on a per-shift basis, the minimum number of on-duty security department employees necessary to:
(1)
Ensure the physical safety of employees of and invitees to the facility;
(2)
Effectively safe guard assets;
(3)
Comply with all applicable laws and regulations including Commission-approved internal controls and operating procedures;
(4)
Monitor the facility to ensure that the following individuals are identified, prohibited from entering the facility, and, if necessary, immediately removed from the facility:
(a)
An intoxicated individual;
(b)
An individual who is mandatorily excluded in accordance with State Government Article, §9-1A-24(d), Annotated Code of Maryland; and
(c)
An individual who is voluntarily excluded in accordance State Government Article, §9-1A-24(e), Annotated Code of Maryland; and
(5)
Monitor the gaming floor to ensure that an individual under the age of 21 years is identified, prohibited from accessing the gaming floor in accordance with State Government Article, §9-1A-24(c), Annotated Code of Maryland and, if necessary, immediately removed from the gaming floor.
D.
A facility operator’s proposed security department minimum staffing plan shall consider:
(1)
Square footage and layout of the facility;
(2)
Number and configuration of video lottery terminals and table games;
(3)
Use of fixed and roving security posts;
(4)
Activity level on a per-shift basis and identify it as slow, normal, or peak; and
(5)
Department supervisory needs.
E.
A facility operator may not implement a change or amendment in the security department minimum staffing plan approved by the Commission under §B of this regulation without the prior written approval of the Commission.
Regulation .16 Internal Audit Department Standards.LinkCopy Citation
A.
At least 60 days before video lottery terminal operations are set to commence, a facility operator shall submit to the Commission for review and approval internal audit department operating standards and procedures that:
(1)
Meet the requirements of Regulation .10E(6)(b) of this chapter;
(2)
Conform to this regulation; and
(3)
Ensure that an internal audit is conducted in accordance with generally accepted auditing standards in the United States.
B.
A facility operator's internal audit department operating procedures and standards shall, at a minimum, require the internal audit department to:
(1)
Work independently of the departments of the facility that are subject to audit;
(2)
Assess whether the facility's internal controls comply with applicable law and Commission directives;
(3)
Test the facility's compliance with its internal controls;
(4)
Immediately report a deficiency in, or noncompliance with, the facility's internal controls to:
(a)
The audit committee;
(b)
The chief executive officer;
(c)
Management; and
(d)
The Commission;
(5)
Recommend resolution for eliminating a deficiency in, or noncompliance with, the facilitys internal control system;
(6)
Meet periodically with the audit committee or director of internal audit;
(7)
Perform audits of:
(a)
Unless an alternate risk assessment and audit plan is submitted in writing and approved in writing by the Commission, all departments of the facility that are designated under §§C and D of this regulation; and
(b)
A department of the facility designated by the Commission;
(8)
Prepare an audit report for each audit conducted;
(9)
Accurately document the audit process and results in an audit report that, at a minimum, shall include:
(a)
Audit objectives;
(b)
Audit procedures and scope;
(c)
Findings and conclusions;
(d)
A recommendation for addressing a deficiency in, or noncompliance with, the facility's internal controls;
(e)
Resolution of all exceptions; and
(f)
Management's response;
(10)
Submit audit reports to the Commission on a schedule specified by the Commission; and
(11)
Verify that:
(a)
A deficiency or noncompliance revealed during an audit has been corrected; and
(b)
An exception disclosed during an audit has been resolved.
C.
The audit department shall audit at least semiannually the functions and operations of the facility's:
(1)
Cashiers' cage;
(2)
Main bank;
(3)
Collection of cash storage boxes;
(4)
Cash count;
(5)
Revenue audit;
(6)
Operations department;
(7)
Key control; and
(8)
Table game operations.
D.
The audit department shall audit at least annually:
(1)
Responsible gaming program;
(2)
Security department;
(3)
Currency transaction reporting;
(4)
Suspicious activity reporting;
(5)
Information technology controls;
(6)
Surveillance department; and
(7)
Player tracking system.
E.
The internal audit department shall conduct an audit on an unannounced basis when possible.
Regulation .17 Access to Central Monitor and Control System Equipment.LinkCopy Citation
A.
Central monitor and control system equipment shall reside in an area physically segregated from other systems and equipment utilized by the facility operator which conforms to the requirements of COMAR 36.03.11.03.
B.
At least 10 days before video lottery terminal operations are to commence, the Commission shall issue to the facility operator a list of individuals that it has approved to have access to the central monitor and control system equipment under State Government Article, §9-1A-02(c)(5), Annotated Code of Maryland.
C.
A facility operator may not implement a change or amendment in its approved access list without the prior written approval of the Commission.
D.
A facility operator shall develop and include in the internal controls submitted to and approved by the Commission under Regulation .05 of this chapter procedures addressing physical access to central monitor and control system equipment located in the facility.
E.
Central monitor and control system equipment may be accessed by:
(1)
An individual on the list described under §B of this regulation;
(2)
A compliance agent of the Commission; and
(3)
Commission staff authorized by the Director.
F.
The facility operator’s internal controls shall require:
(1)
All keys which access the segregated area where the central monitor and control system equipment resides to be maintained by representatives of the:
(a)
Commission; and
(b)
Central monitor and control system operator; and
(2)
An individual requiring access to the segregated area where the central monitor and control system equipment resides who is not included on the Commission-approved access list maintained under §B of this regulation to be:
(a)
Authorized by the Commission; and
(b)
At all times, escorted by a Commission compliance agent, or Commission staff authorized by the Director; and
(c)
Reported in the entry log maintained in accordance with §G of this regulation.
G.
The Commission shall maintain an entry log for the segregated area where the central monitor and control system equipment resides which is:
(1)
Kept inside the segregated area in a book with bound numbered pages that cannot be readily removed; and
(2)
Utilized by an individual entering the segregated area to record:
(a)
Date and time of entering;
(b)
Entering individual’s name and department or affiliation;
(c)
Reason for entering;
(d)
Name of the individual authorizing the individual’s entry into the segregated area; and
(e)
Date and time of exiting.
Regulation .18 Cashiers’ Cage Design Standards.LinkCopy Citation
A.
A facility operator shall have on, adjacent, or proximate to the gaming floor a physical structure known as a cashiers' cage to house the cashiers and to serve as the central location in the facility for:
(1)
The custody of the cash, accounting records, and forms and documents required under this chapter to conduct video lottery and table game operations;
(2)
The initial financial consolidation of all transactions pertaining to video lottery terminal and table game activity; and
(3)
Other functions normally associated with the operation of a cashiers' cage.
B.
A cashiers’ cage shall include the following design features:
(1)
A manually triggered silent alarm system connected:
(a)
Directly to the security department; or
(b)
Directly, or through a documented communication protocol, to the monitor room of the surveillance department;
(2)
A double door entry and exit system that will not permit an individual to pass through the second door until the first door is securely locked, as follows:
(a)
The first door leading from the gaming floor shall be controlled by the security department, the surveillance department, or a Commission-approved computerized access control system.
(b)
The second door leading into the cashiers’ cage shall be controlled by the cashiers' cage or a Commission-approved computerized access control system.
(c)
The double door entry and exit system shall be equipped with surveillance capability sufficient to allow monitoring of:
(i)
All ingress and egress; and
(ii)
The interior compartment; and
(d)
Both doors of the double door entry and exit system shall be equipped with:
(i)
Separate locks with a key or release mechanism which is different on each door; and
(ii)
Locks which are operational in the event of a power failure; and
(3)
Any entrance to the cashiers’ cage that is not a double door entry and exit system shall be equipped as an alarmed emergency exit door.
C.
A facility may have one or more satellite cages physically separate from the cashiers' cage which:
(1)
May perform all of the functions of a cashiers' cage authorized by this chapter; and
(2)
Shall be equipped with an alarm system in compliance with §B(1) of this regulation.
D.
A facility operator shall make readily available to the Commission:
(1)
An access control matrix indicating which employee job descriptions are authorized to have access to the cashiers’ cage and any satellite cage; and
(2)
A list of employees, with license number, who are authorized:
(a)
To have access to the:
(i)
Cashiers’ cage and any satellite cage;
(ii)
Keys to the manual locks securing the double door entry and exit system; and
(iii)
Release button on magnetic locks securing the double door entry and exit system;
(b)
To activate or deactivate alarm systems for the cashiers' cage and any satellite cage; and
(c)
To grant access to the cashiers’ cage and any satellite cage through the access control matrix or a computerized access control system.
Regulation .19 Accounting Controls for a Cashiers’ Cage.LinkCopy Citation
A.
A facility operator may only conduct transactions with individuals at its cashiers’ cage and any satellite cage during the hours of operation approved by the Commission for the facility under COMAR 36.03.11.02.
B.
A facility operator shall at all times maintain in its cashiers’ cage a reserve cash bankroll sufficient to pay all winning wagers.
C.
A facility operator shall:
(1)
Compute its reserve cash bankroll requirement based on a calendar year; and
(2)
Submit its computation to the Commission:
(a)
At least 30 days prior to the commencement of video lottery or table game operations; and
(b)
On or before January 30 of each year subsequent to the year in which operations are commenced.
D.
A facility operator shall develop and include in the internal controls submitted to and approved by the Commission under Regulation .05 of this chapter procedures addressing the segregation of the cashiers’ cage and the general conduct of cashiers’ cage transactions.
E.
A facility operator’s internal controls shall require:
(1)
The cashiers' cage and any satellite cage to be physically segregated by personnel and function as follows:
(a)
General cashiers shall be responsible for:
(i)
An individual imprest inventory of cash;
(ii)
Receipt and payout of cash, negotiable instruments, gaming tickets, and other documentation from and to players subject to the limitations imposed under this chapter;
(iii)
Preparation of jackpot documents; and
(iv)
Other functions designated by the facility operator which are not incompatible with the functions of a general cashier; and
(b)
Main bank cashiers shall be responsible for:
(i)
Receipt of cash, negotiable instruments, gaming tickets, jackpot, and other documentation from general cashiers in exchange for cash or documentation;
(ii)
Replenishment of ticket redemption units and automated jackpot payout machines;
(iii)
Receipt of unsecured cash and unsecured gaming tickets;
(iv)
Receipt of cash and documentation from the count room;
(v)
Preparation of the overall cashiers’ cage reconciliation;
(vi)
Preparation of bank deposits;
(vii)
Compliance with reserve cash bankroll requirements;
(viii)
Receipt of original and redemption copies of counter checks;
(ix)
Receipt from general cashiers of documentation supporting counter check substitution, consolidation, or redemption; and
(x)
Other functions designated by the facility operator which are not incompatible with the functions of a main bank cashier;
(2)
Each general cashier and main bank cashier to prepare a cashiers’ count sheet on each shift:
(a)
Recording the amount of the inventory in the window or bank;
(b)
Reconciling the total closing inventory with the total opening inventory; and
(c)
Including the signature of the:
(i)
Outgoing general or main bank cashier; and
(ii)
Incoming general or main bank cashier;
(3)
At the end of the gaming day, the cashiers’ cage to forward a copy of each cashiers’ count sheet and related documentation to the accounting department for:
(a)
Agreement of opening and closing inventories; and
(b)
Comparison of forms or documents; and
(4)
No more than 48 hours after the discovery of an employee’s unresolved cage or count room overage or shortage of $500 or more, a facility operator shall submit a written report to the Commission describing:
(a)
The reason for the overage or shortage and corrective action taken or adjustment made; or
(b)
That a notice of investigation is ongoing and the written report will be submitted within the following 48 hours.
Regulation .20 Checks Accepted from a Player.LinkCopy Citation
A.
A facility operator may accept a negotiable instrument in the form of a check meeting the requirements of this regulation from a player to enable the player to take part in gaming.
B.
A facility operator may accept a check only during the hours of operation approved by the Commission for the facility under COMAR 36.03.11.02.
C.
A facility operator may accept a personal check that is:
(1)
Made payable to the facility operator;
(2)
Drawn on a bank, savings and loan association, or credit union subject to federal or State banking regulation;
(3)
Drawn for a specific amount;
(4)
Currently dated, not postdated; and
(5)
Payable on demand.
D.
Subject to the requirements of §§E and J of this regulation, a facility operator may accept a check issued by a:
(1)
Facility operator; and
(2)
Person that:
(a)
Is an affiliate of the facility operator; and
(b)
Holds a valid gaming license in another jurisdiction.
E.
A facility operator shall only accept a check under §D of this regulation which has been issued to an individual as:
(1)
Employment compensation; or
(2)
A payout in connection with gaming activity.
F.
A facility operator may not:
(1)
Except as provided under §C of this regulation, accept a check that is payable to an individual, including:
(a)
A Social Security check;
(b)
An unemployment insurance check;
(c)
A disability payment check; or
(d)
A public assistance check; or
(2)
Except for a check issued under §§E, J, and K of this regulation, accept from a player under this regulation a check or multiple checks which in the aggregate exceed $50,000 during a gaming day.
G.
For a personal check equaling or exceeding $5,000, a facility operator shall confirm the availability of funds by:
(1)
Directly contacting the bank, savings and loan association, or credit union upon which the check is drawn;
(2)
Obtaining an authorization and guarantee of the check from a check verification and warranty service licensed as a contractor under COMAR 36.03.02.14; or
(3)
Alternate procedures addressing acceptance and verification of personal checks submitted in writing and approved by the Commission.
H.
A facility operator shall develop and include in the internal controls submitted to and approved by the Commission under Regulation .05 of this chapter, procedures addressing the acceptance and verification of checks meeting the requirements of this regulation.
I.
A facility operator's internal controls shall require a check accepted from a player by a general cashier to be:
(1)
If a personal check other than an electronic check, restrictively endorsed for deposit only to the bank account designated for this purpose by the facility operator and:
(a)
Initialed by the accepting general cashier;
(b)
Date and time stamped;
(c)
Documented on the face of the check the number on the player's government-issued photographic identification; and
(d)
If a personal check equaling or exceeding $5,000, confirmed for availability of funds under §G of this regulation;
(2)
Verified for signature authenticity by a general cashier who shall:
(a)
Obtain from the player one form of identification that is a valid, unexpired government-issued photographic identification; and
(b)
Satisfactorily compare the:
(i)
Signature of the player on the personal check or endorsing the payroll or payout check with the signature on an identification credential; and
(ii)
Player's physical appearance with the photograph contained on the valid, unexpired government-issued photographic identification presented by the player;
(3)
If presented by a player as a payroll or payout check under §E of this regulation, confirmed to have been issued as employment compensation or as a payout in connection with gaming activity; and
(4)
Immediately exchanged for:
(a)
Cash;
(b)
If the facility operator has the capability, a gaming ticket;
(c)
A chip or plaque; or
(d)
A customer deposit account in accordance with this chapter.
J.
A facility operator that is a designated Agency customer resource center may accept an Agency check for Lottery prize winnings for up to $25,000 under COMAR 36.02.06.01.
K.
On a single gaming day, a facility operator may accept a check or multiple checks which:
(1)
In the aggregate do not exceed $250,000; and
(2)
Were issued to an individual as a payout in connection with gaming activity by:
(a)
A facility operator; or
(b)
A person that:
(i)
Is an affiliate of a facility operator; and
(ii)
Holds a valid gaming license in another jurisdiction. A. A facility operator may accept a negotiable instrument in the form of a check meeting the requirements of this regulation from a player to enable the player to take part in gaming.
B.
A facility operator may accept a check only during the hours of operation approved by the Commission for the facility under COMAR 36.03.11.02.
C.
A facility operator may accept a personal check that is:
(1)
Made payable to the facility operator;
(2)
Drawn on a bank, savings and loan association, or credit union subject to federal or State banking regulation;
(3)
Drawn for a specific amount;
(4)
Currently dated, not postdated; and
(5)
Payable on demand.
D.
Subject to the requirements of §§E and J of this regulation, a facility operator may accept a check issued by a:
(1)
Facility operator; and
(2)
Person that:
(a)
Is an affiliate of the facility operator; and
(b)
Holds a valid gaming license in another jurisdiction.
E.
A facility operator shall only accept a check under §D of this regulation which has been issued to an individual as:
(1)
Employment compensation; or
(2)
A payout in connection with gaming activity.
F.
A facility operator may not:
(1)
Except as provided under §C of this regulation, accept a check that is payable to an individual, including:
(a)
A Social Security check;
(b)
An unemployment insurance check;
(c)
A disability payment check; or
(d)
A public assistance check; or
(2)
Except for a check issued under §§E, J, and K of this regulation, accept from a player under this regulation a check or multiple checks which in the aggregate exceed $50,000 during a gaming day.
G.
For a personal check equaling or exceeding $5,000, a facility operator shall confirm the availability of funds by:
(1)
Directly contacting the bank, savings and loan association, or credit union upon which the check is drawn;
(2)
Obtaining an authorization and guarantee of the check from a check verification and warranty service licensed as a contractor under COMAR 36.03.02.14; or
(3)
Alternate procedures addressing acceptance and verification of personal checks submitted in writing and approved by the Commission.
H.
A facility operator shall develop and include in the internal controls submitted to and approved by the Commission under Regulation .05 of this chapter, procedures addressing the acceptance and verification of checks meeting the requirements of this regulation.
I.
A facility operator's internal controls shall require a check accepted from a player by a general cashier to be:
(1)
If a personal check other than an electronic check, restrictively endorsed for deposit only to the bank account designated for this purpose by the facility operator and:
(a)
Initialed by the accepting general cashier;
(b)
Date and time stamped;
(c)
Documented on the face of the check the number on the player's government-issued photographic identification; and
(d)
If a personal check equaling or exceeding $5,000, confirmed for availability of funds under §G of this regulation;
(2)
Verified for signature authenticity by a general cashier who shall:
(a)
Obtain from the player one form of identification that is a valid, unexpired government-issued photographic identification; and
(b)
Satisfactorily compare the:
(i)
Signature of the player on the personal check or endorsing the payroll or payout check with the signature on an identification credential; and
(ii)
Player's physical appearance with the photograph contained on the valid, unexpired government-issued photographic identification presented by the player;
(3)
If presented by a player as a payroll or payout check under §E of this regulation, confirmed to have been issued as employment compensation or as a payout in connection with gaming activity; and
(4)
Immediately exchanged for:
(a)
Cash;
(b)
If the facility operator has the capability, a gaming ticket;
(c)
A chip or plaque; or
(d)
A customer deposit account in accordance with this chapter.
J.
A facility operator that is a designated Agency customer resource center may accept an Agency check for Lottery prize winnings for up to $25,000 under COMAR 36.02.06.01.
K.
On a single gaming day, a facility operator may accept a check or multiple checks which:
(1)
In the aggregate do not exceed $500,000; and
(2)
Were issued to an individual as a payout in connection with gaming activity by:
(a)
A facility operator; or
(b)
A person that:
(i)
Is an affiliate of a facility operator; and
(ii)
Holds a valid gaming license in another jurisdiction.
Regulation .21 Wire Transfers.LinkCopy Citation
A.
A facility operator may accept a negotiable instrument in the form of a wire transfer or ACH transfer from a player to enable the player to take part in gaming or to pay an outstanding debt to a facility operator.
B.
A facility operator shall record in its cashiers’ cage accountability any funds accepted by wire transfer or ACH transfer with no documented business purpose other than to enable a player to take part in gaming within 24 hours of receipt of the wire transfer.
C.
A facility operator shall develop and include in the internal controls submitted to and approved by the Commission under Regulation .05 of this chapter procedures addressing the acceptance, verification, and sending of wire transfers or ACH transfers meeting the requirements of this regulation.
D.
A facility operator’s internal controls shall:
(1)
Require preparation of a cashiers’ cage wire transfer or ACH transfer log to record the following information pertaining to a wire transfer or ACH transfer accepted by a facility operator on behalf of a player:
(a)
A sequential number assigned by the facility operator to the wire transfer or ACH transfer accepted;
(b)
Date and time notice of the wire transfer or ACH transfer was received;
(c)
Name of the financial institution to which the funds were sent;
(d)
Amount transferred;
(e)
Name of the player for whose benefit the funds were accepted;
(f)
The name of the financial institution from which the funds were transferred;
(g)
The method by which the facility operator was notified of the receipt of the wire transfer or ACH transfer;
(h)
If noticed by telephone, the name and title of the individual providing notice;
(i)
The signature of the cashiers' cage employee receiving and recording the information required by this section; and
(j)
If applicable, a notation that the wire transfer or ACH transfer has been returned under §E of this regulation;
(2)
Require that a cashiers’ cage supervisor other than the cashiers’ cage employee who initially documented acceptance of the wire transfer or ACH transfer:
(a)
Independently confirm:
(i)
Date, time, and method by which the facility operator was notified of the wire transfer or ACH transfer; and
(ii)
If noticed by telephone, the name and title of the individual providing notice;
(b)
Record the date and time of confirmation in the wire transfer or ACH transfer log; and
(c)
Sign the wire transfer or ACH transfer log as completing the confirmation process;
(3)
Document the procedures used to:
(a)
Establish, verify, and document the identity of a player sending a wire transfer or ACH transfer;
(b)
Make the wire transfer or ACH transfer proceeds available to a player at the cashiers’ cage; and
(c)
Adjust the cashiers' cage accountability;
(4)
Require preparation of a cashiers’ cage wire transfer or ACH transfer log to record the following information pertaining to a wire transfer or ACH transfer sent by a facility operator on behalf of a player:
(a)
A sequential number assigned by the facility operator to the wire transfer or ACH transfer sent;
(b)
Name of the player;
(c)
Date of the transaction;
(d)
Amount wired;
(e)
Source of funds;
(f)
The name and address of the financial institution to which the funds were wired;
(g)
Account number to which the funds are credited;
(h)
If the request to send a wire transfer or ACH transfer is made in person at the cashiers’ cage, the signature of the player;
(i)
If the request to send a wire transfer or ACH transfer is not made in person at the cashiers’ cage, documentation supporting the receipt of a request by the facility operator to send a wire transfer or ACH transfer on behalf of a player;
(j)
The signature of the cashiers' cage employee receiving and recording the information required by this regulation; and
(k)
The signature of the cashiers’ cage supervisor or accounting department supervisor authorizing the wire transfer or ACH transfer; and
(5)
Document the procedures used to:
(a)
Establish, verify, and document the identity of a player requesting that a wire transfer or ACH transfer be sent;
(b)
Send the wire transfer or ACH transfer; and
(c)
Adjust the cashiers' cage accountability.
E.
A facility operator shall take immediate action to return to a player by wire transfer or ACH transfer funds initially accepted by wire transfer or ACH transfer under the following circumstances:
(1)
The wired funds received by the facility operator have no documented business purpose other than to enable a player to take part in gaming;
(2)
All or a substantial portion of the wired funds remain in the facility operator's cashiers' cage accountability more than 14 days following transfer to that accountability; and
(3)
The player has engaged in minimal or no video lottery or table game play since receipt of the wire transfer or ACH transfer.
F.
A wire transfer or ACH transfer returned in accordance with §E of this regulation shall be sent to the same individual, financial institution, and account number from which the funds were debited.
G.
Return of a wire transfer or ACH transfer shall be recorded in the wire transfer or ACH transfer log maintained under §D of this regulation.
Regulation .22 Cash Equivalents.LinkCopy Citation
A.
A facility operator may accept a negotiable instrument in the form of a cash equivalent from a player to enable the player to take part in gaming.
B.
A facility operator may accept a cash equivalent only during the hours of operation approved by the Commission for the facility under COMAR 36.03.11.02.
C.
A facility operator shall develop and include in the internal controls submitted to and approved by the Commission under Regulation .05 of this chapter procedures addressing the acceptance and verification of cash equivalents meeting the requirements of this chapter.
D.
A facility operator’s internal controls shall:
(1)
Enumerate the type of cash equivalents complying with this chapter to be accepted;
(2)
Detail the specific verification procedures required by each issuer;
(3)
Require that a general cashier:
(a)
Perform the specific verification procedures required by each issuer;
(b)
Prepare and maintain documentation evidencing the verification of a cash equivalent accepted; and
(c)
Examine a cash equivalent for counterfeiting, forgery, or alteration;
(4)
Detail the criteria for cashiers' cage supervisor involvement in the verification process; and
(5)
Include procedures for verifying the authenticity of a player’s signature on a cash equivalent in conformance with the signature authentication procedures in Regulation .20 of this chapter.
Regulation .23 Customer Deposits.LinkCopy Citation
A.
A facility operator may establish a customer deposit account for a player to enable the player to take part in gaming.
B.
A facility operator shall perform all procedures required by this chapter before depositing funds accepted by means of check, wire transfer, cash equivalent, or other negotiable instrument into a customer deposit account.
C.
A facility operator may accept a customer deposit only during the hours of operation approved by the Commission for the facility under COMAR 36.03.11.02.
D.
A facility operator shall develop and include in the internal controls submitted to and approved by the Commission under Regulation .05 of this chapter procedures addressing the acceptance of customer deposits meeting the requirements of this regulation.
E.
A facility operator’s internal controls shall:
(1)
Require acceptance of customer deposits at:
(a)
The cashiers’ cage; or
(b)
An off-site customer service location;
(2)
Require preparation of a receipt documenting:
(a)
Amount deposited;
(b)
Date of the deposit; and
(c)
The signature of the general cashier accepting the customer deposit;
(3)
Provide for full or partial withdrawal of a customer deposit:
(a)
By a player at the cashiers’ cage; or
(b)
Upon receipt by the facility operator of a written request for withdrawal for which validity has been established; and
(4)
Include procedures for documenting acceptance and withdrawal of customer deposits including a verification of the authenticity of a player’s signature on a customer deposit withdrawal document in conformance with the signature authentication procedures in Regulation .20 of this chapter.
Regulation .24 Credit Authorization.LinkCopy Citation
A.
For the purposes of this regulation, “derogatory information” means any information associated with a credit account indicating that the account is partially or completely uncollectible, has had checks returned unpaid, or has required settlement, lien, judgment, or other collection efforts by a gaming operator.
B.
A facility operator may not extend a line of credit to a player to enable the player to take part in gaming which exceeds the player’s authorized credit limit.
C.
A facility operator may extend credit to a player if a:
(1)
Player submits a credit application in writing in accordance with this regulation;
(2)
Facility operator complies with the:
(a)
Credit application verification requirements of Regulation .25 of this chapter; and
(b)
Credit authorization and credit file documentation requirements of this regulation;
(3)
Credit is issued:
(a)
By acceptance of a negotiable instrument in the form of a counter check under Regulation .26 or .27 of this chapter; and
(b)
During the hours of operation approved by the Commission for the facility under COMAR 36.03.11.02; and
(4)
Player’s outstanding counter check balance does not at any time exceed the player’s authorized credit limit.
D.
A facility operator shall accept a credit application submitted by a player:
(1)
During the hours of operation approved by the Commission for the facility under COMAR 36.03.11.02;
(2)
By mail; and
(3)
By electronic submission.
E.
A facility operator shall create and maintain a credit file for a player applying for an extension of credit or authorized counter check privileges.
F.
A credit file shall:
(1)
Be prepared, either manually or by computer, by a general cashier or credit department representative with no incompatible functions including the ability to authorize credit or approve a change in a credit limit;
(2)
Contain the credit application submitted by the player documenting, at a minimum, the following:
(a)
Name;
(b)
Residential address;
(c)
Personal telephone number;
(d)
Personal checking account information including:
(i)
Name and routing number of a bank, savings and loan or credit union subject to federal or State banking regulation on which a counter check is to be drawn;
(ii)
Account number; and
(iii)
A representation that the player is individually authorized to draw on the account;
(e)
Credit limit requested by the player;
(f)
Good faith estimate of:
(i)
Outstanding indebtedness including gaming related credit limits and outstanding balances; and
(ii)
The amount and source of income and assets that support the requested credit limit; and
(g)
Signature of the player:
(i)
Acknowledging the request for an extension of credit and counter check privileges;
(ii)
Certifying that all information provided on the application is true and accurate;
(iii)
Authorizing the facility operator to conduct the due diligence it deems appropriate prior to the credit decision; and
(iv)
Acknowledging that the player may be subject to civil or criminal liability if any material information provided is willfully false; and
(3)
Document, in accordance with §J of this regulation, the credit limit initially authorized by the facility operator for a player and any change in that credit limit.
G.
A facility operator may:
(1)
Consider a checking account of a sole proprietorship owned by a player to be a personal checking account; and
(2)
Not consider a partnership or corporate checking account to be a personal checking account even if a player is individually authorized to draw on the account.
H.
Prior to authorizing an extension of credit, the facility operator shall verify the information on the credit application submitted by the player in accordance with Regulation .25 of this chapter.
I.
A facility operator shall restrict authority to extend credit or to approve a change in a credit limit to the following employees:
(1)
If the facility operator’s table of organization includes a separate credit department, cage credit director, credit manager, cage/credit shift manager, or credit executive who has no involvement with the verifications required under Regulation .25 of this chapter;
(2)
A principal employee or a credit manager who has no involvement in the verifications required under Regulation .25 of this chapter; and
(3)
A credit committee composed of principal employees:
(a)
Which may authorize credit as a group; and
(b)
Whose members may not act individually to authorize credit unless an individual meets the requirements of §I(1) or (2) of this regulation.
J.
A facility operator shall record in a player’s credit file the initial decision to authorize an extension of credit including:
(1)
The credit limit assigned to the player;
(2)
Date and time the credit limit was activated;
(3)
Information used to support the extension of credit including the source of the information, if such information is not otherwise recorded in the credit file under Regulation .25 of this chapter;
(4)
If applicable, a brief explanation as to why:
(a)
The credit limit authorized deviates from the credit limit requested by the player in the credit application; and
(b)
Credit was authorized when the verification process conducted under Regulation .25 of this chapter disclosed derogatory information; and
(5)
The signature or authorization code of the employee authorizing the extension of credit.
K.
A facility operator shall require a request for a change in credit limit to be in writing and include:
(1)
Date and time of the request;
(2)
New limit requested by the player; and
(3)
Signature of the player.
L.
Prior to approving a change in a player’s authorized credit limit, a facility operator shall:
(1)
Verify the player’s current gaming related credit limits and outstanding balances in accordance with Regulation .25 of this chapter unless the facility operator verified that same information earlier in the same gaming day;
(2)
If a player’s increased credit limit will exceed $2,500, verify the player's outstanding indebtedness in accordance with Regulation .25 of this chapter unless the facility operator verified the player’s outstanding indebtedness in the previous 12 months;
(3)
Verify the player’s personal checking account information in accordance with Regulation .25 of this chapter unless the facility operator verified the player’s checking account information in the previous 24 months;
(4)
Review player rating system data regarding the amount and frequency of play subsequent to the initial extension of credit; and
(5)
Document in the player’s credit file:
(a)
If approved, the change in credit limit;
(b)
If disapproved, the reason the credit limit was not changed;
(c)
The verifications required by this regulation;
(d)
The player’s rating in the player rating system on the date the change in credit limit was authorized; and
(e)
The signature or authorization code of the employee responsible for the assessment of the request for a change in credit limit.
M.
A facility operator may approve a “this trip only” increase in a credit limit without performing the verifications required by §L of this regulation if:
(1)
The increase:
(a)
Is in effect for a single trip to the facility consisting of consecutive gaming days; and
(b)
Does not exceed 25 percent of the currently authorized credit limit; and
(2)
The increase is documented in the player’s credit file including the signature or authorization code of the employee approving the “this trip only” credit limit increase.
N.
A facility operator may approve a “this trip only” increase in a credit limit after performing the verifications required by §L of this regulation if:
(1)
The increase:
(a)
Is in effect for a single trip to the facility consisting of consecutive gaming days; and
(b)
Exceeds 25 percent of the currently authorized credit limit; and
(2)
The increase is documented in the player’s credit file including the signature or authorization code of the employee approving the “this trip only” credit limit increase.
O.
A facility operator may not accept a counter check from a player before the decision to authorize an extension of credit, approve a change in a credit limit, or approve a “this trip only” credit limit increase is recorded in the credit file, including the signature or authorization code of the employee authorizing the extension of credit or credit limit increase.
P.
A facility operator shall suspend the counter check privileges of a player:
(1)
On receipt of:
(a)
Derogatory information;
(b)
Information that indicates that a player’s financial position has materially deteriorated; or
(c)
A returned check; or
(2)
Who has been inactive at the facility’s video lottery terminals and table games for more than 24 months.
Q.
A facility operator may reinstate the counter check privileges of a player suspended under §P of this regulation after:
(1)
Completion of the verification requirements of Regulation .25 of this chapter;
(2)
Receipt as a result of those verifications of information supporting the authorized credit limit; and
(3)
If applicable, payment in full of a returned check.
R.
If derogatory information develops pertaining to a player’s account at a facility, a facility operator shall report the derogatory information to the same casino credit bureau it utilizes to verify gaming related credit limits and outstanding balances under Regulation .25 of this chapter within 24 hours of development of the derogatory information.
S.
A facility operator shall develop and include in the internal controls submitted to and approved by the Commission under Regulation .05 of this chapter procedures addressing the issuance of credit including:
(1)
Identifying the employee positions authorized to extend credit or approve a change in a credit limit; and
(2)
Creation and maintenance of the credit file.
Regulation .25 Verification of Credit Application Information.LinkCopy Citation
A.
Prior to authorizing an extension of credit and counter check privileges under Regulation .24 of this chapter, a facility operator shall verify the information on the credit application submitted by the player in accordance with this regulation.
B.
The verification of credit application information required under this regulation:
(1)
Shall be conducted by a general cashier or credit department representative with no incompatible functions including the ability to authorize credit or approve a change in a credit limit;
(2)
Shall be documented in the player’s credit file by recording the following:
(a)
Source of the verification;
(b)
Date and time;
(c)
Method of verification; and
(d)
Signature of the verifying general cashier or credit department representative; and
(3)
May be performed telephonically if the facility operator:
(a)
Requests documentation confirming the information verified telephonically;
(b)
Documents the request for confirming information in the player’s credit file; and
(c)
Maintains all confirming documentation received in the player’s credit file.
C.
If a player’s credit limit will exceed $2,500, the facility operator shall verify the player’s residential address with:
(1)
A consumer credit bureau;
(2)
The player’s bank; or
(3)
An alternative source which may not include examination of additional identification credentials or other documentation presented by the player at the facility.
D.
The facility operator shall:
(1)
Verify the player’s current gaming related credit limits and outstanding balances with:
(a)
A casino credit bureau; or
(b)
Each gaming operator with whom the player has an outstanding limit;
(2)
Document the player’s current gaming related credit limits and outstanding balances in the credit file by recording for each gaming related credit limit:
(a)
The date the player’s credit account was established;
(b)
Amount of the current authorized credit limit;
(c)
Current balance; and
(d)
Any derogatory information noted in the player’s account; and
(3)
If applicable, document in the credit file that no gaming related credit limit or outstanding balance information is available on the player.
E.
A facility operator shall:
(1)
Verify the player’s outstanding indebtedness with a:
(a)
Consumer credit bureau; or
(b)
Casino credit bureau; and
(2)
Document the player’s outstanding indebtedness in the credit file by recording:
(a)
If available, the current balance of each debt obligation; and
(b)
Any derogatory information noted.
F.
A facility operator shall:
(1)
Verify the player’s personal checking account information with:
(a)
The player’s bank; or
(b)
A bank verification service; and
(2)
Document the player’s personal checking account information by recording in the credit file:
(a)
Confirmation that the account is a personal account on which the player may draw individually;
(b)
Account number;
(c)
Date the account was opened;
(d)
If available, average balance of the account for the last 12 months;
(e)
Balance in the account; and
(f)
Name and title of the person supplying the information.
G.
A facility operator shall verify that the player is not an individual who is:
(1)
Under 21 years of age;
(2)
Voluntarily suspended from counter check privileges under Regulation .32 of this chapter;
(3)
Mandatorily excluded in accordance with State Government Article, §9-1A-24(d), Annotated Code of Maryland; or
(4)
Voluntarily excluded in accordance State Government Article, §9-1A-24(e), Annotated Code of Maryland.
H.
A facility operator shall develop and include in the internal controls submitted to and approved by the Commission under Regulation .05 of this chapter procedures:
(1)
Identifying those employees authorized to conduct the verifications required under this regulation; and
(2)
Addressing the verification process required under this regulation.
Regulation .26 Counter Check Issuance at the Cashiers’ Cage.LinkCopy Citation
A.
Subject to the requirements of this chapter, a facility operator may accept a negotiable instrument in the form of a counter check from a player at the cashiers’ cage to enable the player to take part in gaming.
B.
A facility operator shall develop and include in the internal controls submitted to and approved by the Commission under Regulation .05 of this chapter procedures addressing the issuance of a counter check at the cashiers’ cage.
C.
A facility operator’s internal controls shall include:
(1)
The use of a three-part computer-generated counter check that:
(a)
Consists of an original, issuance, and accounting copy;
(b)
Is initiated on receipt by a general cashier of a request for counter check document; and
(c)
Is serially numbered and issued;
(2)
Procedures and controls addressing the identification of a player which include:
(a)
A requirement that a one-part request for counter check document be prepared which includes:
(i)
Amount requested;
(ii)
If a facility operator has the capability of offering a gaming ticket as an alternative to cash, an indication as to the desired form of payment; and
(iii)
Signature of the player;
(b)
A requirement that a general cashier obtain from the player a valid form of unexpired government-issued photographic identification;
(c)
A requirement that a general cashier satisfactorily compare the:
(i)
Signature of the player on the counter check request document with the signature on the identification credential; and
(ii)
Player’s physical appearance with the photograph contained on the valid, unexpired government-issued photographic identification presented by the player;
(d)
A requirement that a general cashier record on the counter check request document the:
(i)
Number on the player’s government-issued photographic identification; and
(ii)
Signature of the general cashier;
(e)
An option for a general cashier who has on that same shift previously verified the identity of a player by credential review in accordance with §C(2)(b) of this regulation to satisfy the requirements of this regulation by recording on the counter check request document:
(i)
The series number of the counter check for which the identity of the player was established by credential review; and
(ii)
Signature of the general cashier;
(f)
An option for a facility operator who has created a signature file on a player prior to the completion by the player of a request for counter check document to satisfy the requirements of this regulation by having the general cashier:
(i)
Confirm that the player’s signature on the counter check request document matches the signature in the signature file; and
(ii)
Sign the counter check request document; and
(g)
A requirement that a credential review in accordance with §C(2)(b) and (c) of this regulation is a prerequisite to creation of a player signature file;
(3)
A requirement that prior to issuing a counter check a general cashier confirm with a check bank cashier or through the video lottery system that the amount requested does not exceed the player’s credit limit;
(4)
A requirement that all copies of a computer-generated counter check include the following information:
(a)
Name of the player;
(b)
Name of the bank, savings and loan, or credit union on which the counter check is to be drawn;
(c)
Date and time;
(d)
Amount of the counter check;
(e)
Location of preparation of the counter check;
(f)
Signature of a cashiers’ cage supervisor; and
(g)
Signature or identification code of the preparer of the counter check;
(5)
A requirement that the back of the original copy of the counter check contain a restrictive endorsement “for deposit only” to the facility operator’s designated bank account;
(6)
Procedures and controls over the counter check issuance process which require:
(a)
A cashiers’ cage supervisor to sign all copies of the counter check after confirming that the counter check was prepared for the amount the player recorded on the counter check request document;
(b)
A player to sign all copies of the counter check in the presence of the same general cashier who verified the player’s identification and prepared the counter check;
(c)
A general cashier to immediately exchange the counter check for:
(i)
Cash;
(ii)
If a facility operator has the capability, a gaming ticket; or
(iii)
A customer deposit account in accordance with this chapter; and
(d)
A general cashier to distribute the copies of the counter check as follows:
(i)
The original copy of the counter check shall be expeditiously transferred to the check bank directly or to a security department employee for transportation to the cashiers’ cage if the counter check is issued in a satellite cage;
(ii)
The issuance copy of the counter check shall be maintained by the general cashier to serve as documentation supporting the exchange of cash, a gaming ticket, or a customer deposit for the counter check; and
(iii)
The accounting copy of the counter check shall be attached by the general cashier to the counter check request document and forwarded to the accounting department;
(7)
If utilized, procedures and controls addressing:
(a)
Use of a signature exemplar;
(b)
Creation of a player signature file; and
(c)
Generation of a gaming ticket at the cashiers’ cage;
(8)
Procedures and controls addressing:
(a)
Voided counter checks;
(b)
The use and location of accounting drop boxes; and
(c)
Audit procedures performed by the facility operator’s accounting department at the conclusion of each gaming day;
(9)
Details which establish the ability of the facility operator’s video lottery system to ensure that a three-part computer-generated counter check is not susceptible to change or deletion from the system after preparation; and
(10)
Procedures utilized to issue a manual counter check which:
(a)
Are to be utilized only when the video lottery system is unable to generate a counter check;
(b)
Conform to the requirements of this regulation;
(c)
Require use of a serially pre-numbered three-part counter check consisting of an original, issuance, and accounting copy, residing in a book, wiz machine, or functional equivalent;
(d)
Require manual counter checks to be maintained in a secured locked cabinet in the cashiers’ cage; and
(e)
Require the key to the cabinet in §C(10)(d) of this regulation to be:
(i)
Controlled by the security department or the cage department employees responsible for the control of and accounting for the unused supply of counter checks; and
(ii)
Limited to sign out by a cashiers’ cage shift manager or cashiers’ cage manager.
D.
Electronic Credit System.
(1)
A facility operator may use an electronic credit system approved by the Commission to process electronic counter check transactions.
(2)
The facility operator may access the player’s file in the electronic credit system using a portable device or other method approved by the Commission.
(3)
The electronic credit system shall be capable of maintaining independently, or in conjunction with another computer system, as approved by the Commission:
(a)
A digital photograph and signature of the player;
(b)
Encrypted employee and player personal identification numbers;
(c)
For each player account and transaction, the information required to be recorded by §C of this regulation;
(d)
A record of each electronic transaction, printable in the check bank, which shall include at least:
(i)
Date and time;
(ii)
Transaction type;
(iii)
Document number;
(iv)
Location;
(v)
Player name and account number; and
(vi)
Amount;
(e)
A record of each electronic transaction for which the player has successfully entered the player’s personal identification number and digital signature in the system;
(f)
A record of voided transactions and the reason for the void; and
(g)
Any other information the Commission requests.
Regulation .27 Counter Check Issuance at a Video Lottery Terminal or Table Game.LinkCopy Citation
A.
Subject to the limitations of this chapter, a facility operator may accept a negotiable instrument in the form of a counter check from a player at a video lottery terminal or table game to enable the player to take part in gaming.
B.
A facility operator shall develop and include in the internal controls submitted to and approved by the Commission under Regulation .05 of this chapter, procedures addressing the issuance of a counter check at a video lottery terminal or table game.
C.
A facility operator’s internal controls for a counter check exchanged for value chips or plaques at a gaming table shall include:
(1)
Use of a player signature file which shall:
(a)
Be established prior to the completion by a player of a request for counter check document at the table game; and
(b)
Require an identification credential review in accordance with Regulation .26C(2) of this chapter;
(2)
Procedures and controls addressing the identification of the player which include:
(a)
A requirement that a floorperson satisfactorily compare the:
(i)
Signature of the player on a form with the signature on the identification credential; and
(ii)
Player’s physical appearance with the photograph contained on the valid form of unexpired government-issued photographic identification presented by the player;
(b)
A requirement that a floorperson record on the form the:
(i)
Number on the player’s government-issued photographic identification; and
(ii)
Signature of the floorperson;
(c)
A requirement that a floorperson or above shall:
(i)
Obtain the player’s signature, on a form, which shall be compared to the signature contained within a player signature file;
(ii)
Sign the form indicating that the signature of the player on the form matches the signature in the player signature file; and
(iii)
Attach the form to the accounting copy of the counter check exchanged by the player prior to forwarding it to the accounting department;
(d)
A requirement that after the player’s identity has been verified by the floorperson or above, staff shall:
(i)
Ensure that subsequent verification of the player’s identity during the same shift and in the same gaming pit is satisfied by the employee who performed the initial verification signing a form attesting to the player’s identity before each subsequent counter check is exchanged;
(ii)
Ensure that the form includes the player’s name and the serial number of the initial counter check exchanged by the player; and
(iii)
Ensure that the form attaches to the accounting copy of the subsequent counter check prior to forwarding the accounting copy to the accounting department; and
(e)
A requirement that a floorperson or above attest to the identity of the player which includes:
(i)
The floorperson or above record the floorperson’s or above’s gaming license number and sign a form or the counter check attesting to the player’s identity; and
(ii)
If used, the form is attached to the accounting copy of the counter check exchanged by the player prior to forwarding it to the accounting department;
(3)
A requirement that prior to issuing a counter check, the floorperson or above determines the player’s remaining credit limit from the cage or casino management system;
(4)
A requirement that all copies of a computer-generated counter check include the following information:
(a)
Name of the player;
(b)
Name of the bank, savings and loan, or credit union on which the counter check is to be drawn;
(c)
Date and time;
(d)
Amount of the counter check;
(e)
Location of preparation of the counter check;
(f)
Signature of a gaming operations department supervisor; and
(g)
Signature or identification code of the preparer of the counter check;
(5)
A requirement that the floorperson or above present the original and all duplicate copies of the counter check to the player for signature;
(6)
A requirement that the back of the original copy of the counter check contain a restrictive endorsement “for deposit only” to the facility operator’s designated bank account after being transferred to the check bank; and
(7)
Procedures and controls over the counter check issuance process which require:
(a)
A floorperson to receive the signed counter check directly from the player;
(b)
The issuance copy of the counter check to be immediately given to the dealer or boxperson to be exchanged for value chips or gaming plaques;
(c)
The issuance copy of the counter check to be deposited by the dealer or boxperson in the drop box;
(d)
The original copy of the counter check to be expeditiously transported to the cage where the original copy shall be maintained and controlled by the cage cashier designated to act as the check bank; and
(e)
The accounting copy of the counter check to be maintained and controlled by the pit clerk or above until forwarded to the accounting department.
D.
A facility operator’s internal controls for a counter check exchanged for cash or gaming ticket directly at a video lottery terminal shall include:
(1)
Use of a player signature file which shall:
(a)
Be established prior to the completion by a player of a request for counter check document at the video lottery terminal; and
(b)
Require an identification credential review in accordance with Regulation .26C(2) of this chapter;
(2)
Procedures and controls addressing the identification of the player which include:
(a)
A gaming operations supervisor to obtain the amount of the requested counter check and the player’s signature on a one-part counter check request form and transport the counter check request form directly to the cage cashier; and
(b)
A cage cashier to compare the signature on the one-part counter check request form to the signature contained within a player signature file;
(3)
Procedures and controls over the counter check issuance process which require:
(a)
A general cashier to:
(i)
Prepare the counter check in accordance with this regulation;
(ii)
Summon to the cashiers’ cage a verifying employee from the security department or gaming operations department provided the verifying employee is not the gaming operations department supervisor who transported the counter check request document to the cashiers’ cage;
(iii)
Present the counter check request document, all copies of the counter check and the cash, gaming ticket, chip, or plaque to the gaming operations department supervisor and the verifying employee;
(iv)
Obtain the signature of the gaming operations department supervisor on all copies of the counter check confirming that the amount of the counter check agrees with the amount on the counter check request document;
(v)
Obtain the signature of the verifying employee on the counter check request document confirming that the amount of cash, gaming ticket, chip, or plaque to be transported to the player agrees with the amount on the counter check and on the counter check request document; and
(vi)
Release to the verifying employee the counter check request document, all copies of the counter check, and the cash, gaming ticket, chip, or plaque for transportation, in the presence of the gaming operations department supervisor who transported the counter check request to the cashiers’ cage, to the player;
(b)
A verifying employee to present all copies of the counter check to the player for signature in the presence of the gaming operations department supervisor;
(c)
A gaming operations department supervisor to compare the player’s signature on the counter check to the signature on the counter check request document;
(d)
A verifying employee to immediately exchange the counter check for:
(i)
Cash; or
(ii)
If a facility operator has the capability, a gaming ticket;
(e)
A gaming operations department supervisor to:
(i)
Sign the back of the accounting copy confirming the exchange with the player; and
(ii)
Drop the accounting copy of the counter check into an accounting drop box for forwarding to accounting;
(f)
A verifying employee to immediately return the original and issuance copies of the counter check to a general cashier; and
(g)
A general cashier to:
(i)
Expeditiously transfer the original copy of the counter check to the check bank directly or to a security department employee for transportation to the cashiers’ cage if the counter check is issued in a satellite cage; and
(ii)
Attach the counter check request document to the accounting copy of the counter check to serve as documentation supporting the exchange of cash, gaming ticket, for the counter check.
E.
Electronic Credit System.
(1)
A facility operator may use an electronic credit system approved by the Commission to process electronic counter check transactions.
(2)
The facility operator may access the player’s file in the electronic credit system using a portable device or other approved method.
(3)
The electronic credit system shall be capable of maintaining independently, or in conjunction with another computer system, as approved by the Commission:
(a)
A digital photograph and signature of the player;
(b)
Encrypted employee and player personal identification numbers;
(c)
For each player account and transaction, the information required to be recorded by §§C and D of this regulation;
(d)
A record of each electronic transaction, printable in the check bank, which shall include at least:
(i)
Date and time;
(ii)
Transaction type;
(iii)
Document number;
(iv)
Location;
(v)
Player name and account number; and
(vi)
Amount;
(e)
A record of each electronic transaction for which the player has successfully entered the player’s personal identification number and digital signature in the system;
(f)
A record of voided transactions and the reason for the void; and
(g)
Any other information the Commission requests.
Regulation .28 Counter Check Substitution, Consolidation, and Redemption.LinkCopy Citation
A.
A player to whom a counter check has been issued by a facility operator may use a personal check meeting the requirements of §B of this regulation to:
(1)
Substitute for a counter check which has not been deposited by the facility operator;
(2)
Consolidate two or more counter checks which have not been deposited by the facility operator; and
(3)
Redeem, partially or in full, a counter check which has not been deposited by a facility operator.
B.
A personal check accepted by a facility operator in a substitution, consolidation, or redemption transaction shall:
(1)
Be drawn on an account which has been verified in accordance with Regulation .25 of this chapter;
(2)
Except as provided in §C of this regulation, comply with the requirements of Regulation .20 of this chapter; and
(3)
Be redeemed or deposited in accordance with Regulation .29 of this chapter.
C.
If a personal check is accepted in an amount less than or equal to the amount of a counter check being partially or fully redeemed, the $50,000 limitation on acceptance of personal checks in Regulation .20F(2) of this chapter does not apply.
D.
A player who has issued a replacement check to a facility operator may present another replacement check in a substitution, consolidation, or partial redemption transaction involving the original replacement check.
E.
A replacement check accepted by a facility operator in a substitution, consolidation, or partial redemption transaction shall be:
(1)
Dated with the date of the initial counter check being substituted, consolidated, or partially redeemed; or
(2)
If the check is subject to Commission-approved internal controls which ensure that the date of the initial counter check being substituted, consolidated, or partially redeemed is used to determine the date on which the replacement check is deposited under Regulation .29 of this chapter, currently dated.
F.
A facility operator may not accept a replacement check in substitution, consolidation, or partial redemption for the purpose of avoiding or delaying the deposit requirements for a counter check or replacement check under Regulation .29 of this chapter.
G.
If a player has more than one counter check or replacement check which has not been deposited, the most recently dated check shall be redeemed first, except that:
(1)
If more than one check bears the same date, the player may choose the order in which to redeem the checks;
(2)
If, pursuant to Commission-approved internal controls, a facility operator does not require a replacement check used in a substitution, consolidation, or partial redemption transaction to be dated with the date of the initial counter check being substituted, consolidated, or partially redeemed, then the date of the initial counter check and not the date of the replacement check shall be used to determine the order in which outstanding checks are redeemed; and
(3)
If a facility operator receives a check through the mail or by other means approved by the Commission and the player requests that it be applied to a transaction having an earlier redemption date, the facility operator may apply the check according to the player’s request.
H.
A facility operator may conduct a substitution, consolidation, and full or partial redemption transaction:
(1)
At the cashiers’ cage during the hours of operation approved by the Commission for the facility under COMAR 36.03.11.02;
(2)
By mail;
(3)
At an off-site customer service location; or
(4)
In a table game pit.
I.
A facility operator shall develop and include in the internal controls submitted to and approved under Regulation .05 of this chapter procedures and controls addressing the substitution, consolidation, and full or partial redemption of a counter check.
J.
A facility operator may allow a player to redeem a counter check at a gaming table in exchange for gaming chips.
K.
A facility operator’s internal controls for redeeming a counter check at a gaming table shall include:
(1)
A requirement that a redemption occur:
(a)
On the same gaming day the counter check is issued; and
(b)
In the same gaming pit where the counter check was issued and held for pit redemption;
(2)
A requirement that a general cashier or casino clerk:
(a)
Remove the original and all duplicate copies of the counter check from its secured location in the pit;
(b)
Prepare a two-part serially prenumbered pit redemption form in accordance with this regulation; and
(c)
Present the pit redemption form and the original and all duplicate copies of the counter check to the dealer or boxperson, in the presence of a floorperson or above;
(3)
Procedures and controls over the counter check redemption process which require:
(a)
A dealer or boxperson to verify that the amount of chips received from the player agrees with the amount of the original counter check and the pit redemption form;
(b)
The dealer or boxperson to place the gaming chips from the player into the table inventory;
(c)
The dealer or boxperson, and the floorperson to sign the pit redemption form;
(d)
The dealer or boxperson to deposit the original of the pit redemption form in the drop box;
(e)
The floorperson to return the original counter check to the player;
(f)
The floorperson to return the duplicate copies of the counter check and the duplicate copy of the pit redemption form to the general cashier or casino clerk;
(g)
The general cashier or casino clerk to forward the duplicate copies of the counter check to the check bank for processing; and
(h)
The cashiers’ cage to forward the duplicate copy of the pit redemption form to the casino accounting department at the end of the gaming day; and
(4)
A requirement that the general cashier or casino clerk record the following information on a two-part serially prenumbered pit redemption form residing in a book, wiz machine, or functional equivalent:
(a)
The date and time of redemption;
(b)
The identification number of the table game;
(c)
The player's name;
(d)
The counter check number and amount;
(e)
The signature of the general cashier or casino clerk;
(f)
The signature of the table game dealer or boxperson; and
(g)
The signature of the floorperson or above.
L.
Electronic Credit System.
(1)
A facility operator may use an electronic credit system approved by the Commission to process electronic counter check transactions.
(2)
The facility operator may access the player’s file in the electronic credit system using a portable device or other method approved by the Commission.
(3)
The electronic credit system shall be capable of maintaining independently, or in conjunction with another computer system, as approved by the Commission:
(a)
A digital photograph and signature of the player;
(b)
Encrypted employee and player personal identification numbers;
(c)
For each player account and transaction, the information required to be recorded by §§B and E of this regulation;
(d)
A record of each electronic transaction, printable in the check bank, which shall include at least:
(i)
Date and time;
(ii)
Transaction type;
(iii)
Document number;
(iv)
Location;
(v)
Player name and account number; and
(vi)
Amount;
(e)
A record of each electronic transaction for which the player has successfully entered the player’s personal identification number and digital signature in the system;
(f)
A record of voided transactions and the reason for the void; and
(g)
Any other information the Commission requests.
Regulation .29 Deposit of Counter Checks.LinkCopy Citation
A.
A facility operator shall deposit a counter check in its bank account or present the counter check directly to the player’s bank:
(1)
No later than:
(a)
14 days after the date of the check for a check of $1,000 or less;
(b)
21 days after the date of the check for a check greater than $1,000 but not more than $2,500;
(c)
45 days after the date of the check for a check greater than $2,500; or
(d)
60 days after the date of the check for a check greater than $10,000; or
(2)
In accordance with a deposit schedule agreed to between the facility operator and the player if the deposit schedule:
(a)
Does not authorize deposit more than 60 days after the date of the check;
(b)
May not be amended or modified to change the deposit date of a counter check after acceptance of the counter check from the player; and
(c)
Was at the time of the initial authorization of credit or an approved change in a credit limit:
(i)
Agreed to and approved by the employee who extended the credit; and
(ii)
Documented in the credit file.
B.
A facility operator shall deposit a replacement check accepted from a player in a substitution, consolidation, or partial redemption transaction in its bank account or present the replacement check directly to the player’s bank:
(1)
On the deposit date of the initial counter check in accordance with Regulation .28D of this chapter; and
(2)
In accordance with one of the deposit options of §A of this regulation.
C.
A facility operator shall deposit in its bank account or present directly to the player’s bank a personal check accepted in full redemption of a counter check on the next day.
D.
A facility operator:
(1)
If there are a series of consolidation or redemption transactions with a player, may substitute a current counter check for the earliest dated counter check returned to the player in the first of the series of consolidation or redemption transactions; and
(2)
In computing the time periods in §§A, B, and C of this regulation, shall consider the last day of the period to be included unless it is a Saturday, Sunday, or a State or federal holiday, in which event the time period runs until the next banking day.
E.
A facility operator shall develop and include in the internal controls submitted to and approved under Regulation .05 of this chapter procedures and controls addressing the deposit of counter checks and replacement checks.
F.
A facility operator’s internal controls shall include:
(1)
Procedures and controls addressing:
(a)
Release of a counter check or replacement check for presentment to a player’s bank to:
(i)
A principal employee of the facility operator; or
(ii)
An attorney; and
(b)
Correction, prior to deposit or presentment or on redeposit of a returned check, of data entry errors in:
(i)
Bank name;
(ii)
Bank routing number;
(iii)
Bank account number; or
(iv)
Micro-encoding number; and
(2)
A prohibition against correcting information that identifies the verified bank account on which the counter check was originally drawn.
Regulation .30 Returned Checks.LinkCopy Citation
A.
All checks returned after deposit shall be:
(1)
Returned directly to an accounting department employee with no incompatible functions; and
(2)
Maintained by a check bank cashier with no incompatible functions.
B.
A facility operator shall:
(1)
Limit collection efforts pertaining to a returned check to the following persons:
(a)
A gaming or principal licensed employee of the accounting department with no incompatible functions; and
(b)
An attorney representing the facility operator;
(2)
Notice the employee or attorney authorized to conduct collection efforts of any verbal or written communication with a player regarding collection efforts;
(3)
Document all collection efforts in the player’s credit file; and
(4)
Send a statement to a player at reasonable intervals.
C.
After reasonable collection efforts, returned checks may be considered uncollectible for accounting purposes if the write off is authorized by the:
(1)
Chief executive officer; and
(2)
Director of finance or another designated principal employee who does not possess authority to authorize credit or approve a change in a credit limit.
Regulation .31 Accounting Controls in a Check Bank.LinkCopy Citation
A.
In addition to the documentation requirements of Regulations .24 and .25 of this chapter, a facility operator shall record in a player’s credit file all transactions affecting a player's outstanding indebtedness to the facility operator, and the credit file shall include:
(1)
Transactions recorded in chronological order;
(2)
Credit transactions segregated from customer deposit transactions; and
(3)
Documentation of:
(a)
For counter checks, the date, amount, and series number;
(b)
For each substitution check:
(i)
The date, amount, and check number of the substitute check; and
(ii)
The series number of the counter check or check number of the replacement check returned to the player;
(c)
For each consolidation check:
(i)
The date, amount, and check number of the consolidation check; and
(ii)
The series numbers of the counter check or check number of the replacement check returned to the player;
(d)
For each redemption check:
(i)
The date, amount, and check number of the redemption check;
(ii)
An indication as to whether the redemption was partial or full; and
(iii)
The series number of the counter check or check number of the replacement check returned to the player;
(e)
Date, amount, and series or check number of each check:
(i)
Deposited; and
(ii)
Returned;
(f)
If a check has been returned, the reason for its return;
(g)
Player’s outstanding balance after each transaction;
(h)
Date, amount, and series or check number of a check which has been partially or completely written off by the facility operator; and
(i)
If a write off, the reason for the write off.
B.
A facility operator shall maintain original copies of counter checks and replacement checks accepted in substitution, consolidation, and redemption transactions in its check bank.
C.
A facility operator’s check bank shall prepare and maintain for each shift, manually or by computer, a log of all counter checks exchanged and of all replacement checks received in substitution, consolidation, and redemption transactions which includes the following:
(1)
The balance of the checks on hand in the check bank at the beginning of each shift;
(2)
For counter checks accepted and for replacement checks received in substitution, consolidation, or redemption on the shift:
(a)
Date of the check;
(b)
Name of the drawer of the check;
(c)
Amount of the check;
(d)
If a counter check, the series number;
(e)
If a replacement check, the check number; and
(f)
If applicable, an indication that the check was accepted in a substitution, consolidation, or redemption transaction;
(3)
For checks deposited, substituted, consolidated, or redeemed by a player on the shift:
(a)
Date on which the check was deposited, substituted, consolidated, or redeemed;
(b)
Name of the drawer of the check;
(c)
Amount of the check;
(d)
If a counter check, the series number;
(e)
If a replacement check, the check number; and
(f)
An indication as to whether the check was deposited, substituted, consolidated, or redeemed; and
(4)
The balance of the checks on hand in the check bank at the end of each shift.
D.
A facility operator shall develop and include in the internal controls submitted to and approved by the Commission under Regulation .05 of this chapter procedures addressing accounting controls over the check bank, including end of shift and end of gaming day deposits and reconciliations.
Regulation .32 Player Request for Suspension of Credit Privileges.LinkCopy Citation
A.
A player may voluntarily suspend the player’s credit privileges at a Maryland facility by submitting a written request to the facility in a form specified by the facility.
B.
A request for suspension of credit privileges shall be made:
(1)
In person at a facility; or
(2)
By mail if:
(a)
Submitted with a signature signed before a notary public or other individual empowered by law to take oaths; and
(b)
Accompanied by a certificate of acknowledgement by the notary public or other individual empowered by law to take oaths attesting to the identity of the individual making the request.
C.
The facility receiving a player’s request for suspension of credit privileges shall maintain a master list of all individuals who have requested suspension of credit privileges under this regulation.
D.
A facility operator shall suspend the credit privileges of an individual requesting suspension within 24 hours of receipt of notice that the individual’s name has been added to the facility’s master list.
E.
A facility operator shall:
(1)
Maintain the most current master list in its cashiers’ cage; and
(2)
Within 24 hours of receipt of notice that an individual has requested a suspension of credit privileges, record the suspension in the player’s credit file.
F.
No less than 60 days after the request for suspension of credit privileges, a player whose credit privileges have been suspended under this regulation may request reinstatement of credit privileges by submitting a written request to the facility.
G.
The facility shall on receipt of a request for reinstatement update its master list of individuals to document the request for reinstatement.
H.
A facility operator may not reinstate the credit privileges of a player removed from facility’s master list without performing the verifications required by Regulation .25 of this chapter.
I.
Information furnished to or obtained by the facility under this regulation shall be deemed confidential and may not be disclosed except to facility personnel whose duties and functions require access to the information.
J.
A facility operator requested to provide information regarding the status of a player’s credit account may not disclose any information other than to identify the credit account as voluntarily suspended.
Regulation .33 Prohibition on the Use of Credit Cards and Debit Cards.LinkCopy Citation
A video lottery terminal or table game may not be played or activated in any way by insertion, directly or indirectly, or use of a:
A.
Credit card;
B.
Debit card; or
C.
Electronic transfer of funds from a credit card or debit card.
Regulation .34 Player Tracking System.LinkCopy Citation
A.
For the purposes of this regulation, a player tracking system means the collective hardware, software, communications technology, and other ancillary equipment owned or leased by a facility operator to collect, monitor, interpret, analyze, authorize, report, and audit data pertaining to:
(1)
Player activity generally at video lottery terminals and table games; and
(2)
Individual player activity at video lottery terminals and table games where the player has registered with the facility operator for inclusion in the player tracking system.
B.
A facility operator shall utilize a player tracking system meeting the requirements of this subtitle.
C.
A facility operator may not collect or monitor the activity of an individual who it knows, suspects, or has reason to know or suspect is:
(1)
Under the age of 21 years;
(2)
Mandatorily excluded in accordance with State Government Article, §9-1A-24(d), Annotated Code of Maryland; or
(3)
Voluntarily excluded in accordance State Government Article, §9-1A-24(e), Annotated Code of Maryland.
D.
A facility operator shall provide a player with a record of video lottery terminal and table game spending levels if:
(1)
The player:
(a)
Has registered with the facility for inclusion in the player tracking system; and
(b)
Submits a signed request for the spending level documentation at:
(i)
The cashiers' cage; or
(ii)
Other location at the facility approved by the Commission; and
(2)
The identification of the player and the authenticity of the player's signature on the request is established by an employee satisfactorily comparing the:
(a)
Player's information recorded on the spending level request documentation with the information contained on the valid, unexpired government-issued photographic identification presented by the player; and
(b)
Player's physical appearance with the photograph contained on the valid, unexpired government-issued photographic identification presented by the player.
E.
A facility operator shall provide a player with a record of video lottery terminal and table game spending levels if the player:
(1)
Has registered online with the facility operator for the establishment of an account; and
(2)
Enters a unique login credential at a:
(a)
Self-service kiosk; or
(b)
Facility operator’s player rewards website.
Regulation .35 Gaming Ticket.LinkCopy Citation
A.
A facility operator may issue a gaming ticket and utilize a gaming ticket system meeting the requirements of this subtitle.
B.
A facility operator shall:
(1)
Issue a gaming ticket which does not expire for 182 days after the date of issuance;
(2)
Configure its gaming ticket system to:
(a)
Prevent issuance of a gaming ticket exceeding $10,000; and
(b)
Require gaming tickets of $5,000 or more to be redeemed only at the cashiers’ cage;
(3)
Configure a ticket redemption unit under Regulation .38 of this regulation to:
(a)
Redeem only a gaming ticket of less than $5,000; and
(b)
Direct a player attempting to redeem a gaming ticket of $5,000 or more to the cashiers’ cage; and
(4)
Redeem at its cashiers’ cage a gaming ticket of $5,000 or more by:
(a)
Cash or check; or
(b)
Check on the request of a player.
C.
A facility operator shall immediately report to the Commission evidence that a gaming ticket has been counterfeited, tampered with, or altered in any way which would affect the integrity, fairness, or reliability of the gaming ticket.
D.
A facility operator shall develop and include in the internal controls submitted to and approved by the Commission under Regulation .05 of this chapter procedures addressing the issuance and redemption of a gaming ticket.
E.
A facility operator’s internal controls shall:
(1)
Require a gaming ticket to include:
(a)
Name or trade name of the facility operator;
(b)
Date and time of issuance;
(c)
Amount of the gaming ticket;
(d)
Unique series number automatically generated by the gaming ticket system;
(e)
Asset number of the video lottery terminal dispensing the gaming ticket;
(f)
At least one anticounterfeiting measure, which appears on one or both sides of the gaming ticket;
(g)
Locations where the gaming ticket may be redeemed and any restrictions applicable to redemption;
(h)
A bar code or magnetic strip which enables the gaming ticket system to identify the numeric information required by this section; and
(i)
Notice to the player of the terms of expiration; and
(2)
Include procedures and controls which:
(a)
Require a gaming ticket system to perform the following prior to payment:
(i)
Verify the validity of the series number and amount of the gaming ticket; and
(ii)
Electronically cancel the gaming ticket;
(b)
Require the gaming ticket system to be configured:
(i)
To permit access to the complete series number of an unredeemed gaming ticket only to gaming ticket system administrative employees and accounting department employees not assigned to the cashiers’ cage; and
(ii)
To maintain a record of all unredeemed gaming tickets for a minimum of 2 years from the date of issuance of the gaming ticket unless a request to remove or relocate system records is submitted in writing and approved in writing by the Commission;
(c)
Address the following events:
(i)
Calculation and transmittal by the facility operator of its outstanding expired unredeemed gaming ticket balance to the State;
(ii)
An election by a facility operator to pay a gaming ticket when the gaming ticket system is inoperable or otherwise unable to verify the validity of the gaming ticket at the time of payment; and
(iii)
An election by a facility operator to pay a gaming ticket where the gaming ticket system fails to verify and electronically cancel the gaming ticket when it is presented by the player and scanned for verification; and
(d)
Require generation, at the conclusion of each gaming day, of reports detailing:
(i)
Gaming tickets issued;
(ii)
Gaming tickets redeemed and cancelled by redemption location;
(iii)
Unredeemed liability for gaming tickets;
(iv)
Readings on gaming ticket related video lottery terminal meters;
(v)
Meter readings compared to number and amount of issued and redeemed gaming tickets; and
(vi)
Any exceptions.
Regulation .36 Promotional Play.LinkCopy Citation
A.
A facility operator may:
(1)
Issue promotional play if it is not awarded as cashable credit; and
(2)
Utilize a promotional play system meeting the requirements of this subtitle.
B.
A facility operator may not issue to a player promotional play equaling or exceeding $5,000 per gaming day without approval from the chief executive or the chief executive’s designee.
C.
A facility operator shall immediately report to the Commission evidence that a promotional play instrument has been counterfeited, tampered with, or altered in any way which would affect the integrity, fairness, or reliability of the promotional play instrument.
D.
A facility operator shall submit to the Commission in a form and in accordance with a time frame specified by the Commission a quarterly report summarizing:
(1)
Promotional play awarded for the period including:
(a)
Total amount in promotional play awarded in noncashable credits; and
(b)
Other forms of promotional play; and
(2)
Promotional play redeemed by players for the period including:
(a)
Total amount in promotional play redeemed in noncashable credits; and
(b)
Other forms of promotional play redeemed.
E.
A facility operator shall develop and include in the internal controls submitted to and approved by the Commission under Regulation .05 of this chapter procedures addressing:
(1)
Methods utilized to:
(a)
Issue promotional play; and
(b)
Redeem promotional play; and
(2)
A promotion play instrument including a requirement that it document:
(a)
Name or trade name of the facility operator;
(b)
Amount in noncashable credits;
(c)
Unique series number automatically generated by the promotional play system;
(d)
Locations where a promotional instrument may be redeemed and any restrictions applicable to redemption;
(e)
A bar code or magnetic strip which enables the promotional play system to identify the numeric information required by this section; and
(f)
Notice to the player of the terms of expiration.
F.
Limitation on Free Promotional Play.
(1)
Through the first full fiscal year of a facility’s operations, the proceeds of a facility excludes money given away by a licensee as free promotional play and used by players to bet in a video lottery terminal or at a table game.
(2)
After the first full fiscal year of a facility’s operations, the amount of money given away as free promotional play in a fiscal year may not exceed a percentage of the facility’s proceeds received in the prior fiscal year under State Government Article, §9-1A-27(a)(2), (c)(1)(ii), and (d)(1), Annotated Code of Maryland, that equates to 20 percent of total video lottery terminal and table game proceeds the facility generated in the prior fiscal year.
(3)
An amount of money given away as free promotional play in a fiscal year exceeding the percentage defined in §F(2) of this regulation of the facility’s proceeds of the prior fiscal year shall be allocated as proceeds under State Government Article, §9-1A-27, Annotated Code of Maryland.
G.
No later than 90 days after the end of the fiscal year, a facility operator shall submit to the Commission a written:
(1)
Report of its use of free promotional play during the prior fiscal year; and
(2)
Recommendation for any adjustment to the limitation on free promotional play established under §F(2) of this regulation.
H.
For purposes of §§F and G of this regulation, “fiscal year” means the fiscal year of the facility operator.
Regulation .37 Ticket Redemption Unit.LinkCopy Citation
A.
A facility operator may utilize a ticket redemption unit meeting the requirements of this subtitle.
B.
A facility operator shall locate a ticket redemption unit on the gaming floor or cashier’s cage, subject to the surveillance coverage requirements of Regulation .11 of this chapter.
C.
A ticket redemption unit:
(1)
Shall in accordance with Regulation .36 of this chapter be configured to:
(a)
Redeem a gaming ticket of less than $5,000; and
(b)
Direct a player attempting to redeem a gaming ticket of $5,000 or more to the cashiers’ cage; and
(2)
May be configured to function as a bill breaker changing bills of one denomination into bills of a smaller denomination.
D.
A facility operator shall develop and include in the internal controls submitted under Regulation .05 of this chapter, procedures addressing a ticket redemption unit.
E.
A facility operator’s internal controls shall address:
(1)
Distribution of cash to a ticket redemption unit;
(2)
Removal of gaming tickets and cash accepted by a ticket redemption unit;
(3)
Reconciliations associated with the replenishment process;
(4)
Generation of the following reports by a ticket redemption unit or ancillary system or application for the reconciliation period, which may be by gaming day, shift, or drop cycle:
(a)
A gaming ticket transaction report which details:
(i)
Disposition, as paid, partially paid, or unpaid, of gaming tickets accepted by a ticket redemption unit;
(ii)
Gaming ticket validation number;
(iii)
Date and time of redemption;
(iv)
Amount requested; and
(v)
Amount dispensed;
(b)
A reconciliation report which details:
(i)
Date and time;
(ii)
Unique asset identification number of the ticket redemption unit;
(iii)
Total amount of cash in the currency and coin cassettes;
(iv)
Total number of bills accepted by denomination; and
(v)
Total amount of gaming tickets accepted; and
(c)
A gaming ticket and currency storage box report which details the following data whenever a storage box is removed from the ticket redemption unit:
(i)
Date and time;
(ii)
Unique asset identification number of the ticket redemption unit;
(iii)
Unique identification number for each storage box in the ticket redemption unit;
(iv)
Total amount of currency dispensed;
(v)
Total number of bills dispensed by denomination;
(vi)
Total amount of gaming tickets accepted;
(vii)
Total count of gaming tickets accepted; and
(viii)
Details required to be included in the gaming ticket transaction report required under §E(4)(a) of this regulation; and
(5)
A transaction history report which details all critical player transaction history including the date, time, amount, and disposition of each complete and incomplete transaction.
Regulation .38 Jackpot Payout.LinkCopy Citation
A.
Definition.
B.
A facility operator shall utilize a multipurpose jackpot or credit meter payout document meeting the requirements of this regulation to pay:
(1)
A jackpot not totally and automatically paid by a video lottery terminal; or
(2)
Credits accumulated by a player on a video lottery terminal if:
(a)
The number of accumulated credits exceeds the amount which may be paid utilizing a gaming ticket under
Regulation .36 of this chapter;
(b)
Due to malfunction, the credits cannot be paid by the video lottery terminal; or
(c)
A single jackpot event requires the filing of IRS Form W-2G, Certain Gambling Winnings.
C.
A facility operator shall:
(1)
Prepare and timely file IRS Form W-2G, Certain Gambling Winnings, in accordance with IRS rules and regulations;
(2)
Withhold payment of a jackpot prize to satisfy a player’s financial obligation to the State, such as the payment of child support arrearage or other requirements of State law; and
(3)
Immediately report to the Commission any incident in which a video lottery terminal fails to lock up and preclude play following a single jackpot event:
(a)
Requiring the filing of an IRS Form W-2G, Certain Gambling Winnings, as required by the IRS; or
(b)
At an amount lower than the IRS requires for reporting, as approved by the Agency.
D.
A facility operator shall pay a jackpot or credit meter payout of:
(1)
$50,000 or more by check; and
(2)
Less than $50,000 by:
(a)
Cash or check; or
(b)
On the request of a player, any combination of cash, gaming ticket, check, or other method of payment approved by the Commission.
E.
A facility operator may withhold a player’s outstanding indebtedness to the facility from a jackpot prize or credit meter payout after satisfying a player’s financial obligation to the State, as required in
§C(2) of this regulation;
F.
A facility operator shall develop and include in the internal controls submitted to and approved by the Commission under
Regulation .05 of this chapter procedures addressing the payment of a jackpot or credit meter payout not totally and automatically paid by a video lottery terminal.
G.
A facility operator’s internal controls shall include:
(1)
The use of a two-part computer-generated jackpot or credit meter payout document initiated on the request of a gaming operations department attendant or gaming operations department supervisor or above after verifying the:
(a)
Winning combination of characters on the video lottery terminal or table game and the amount of the jackpot; or
(b)
Number of accumulated credits;
(2)
Unless a request for an alternate verification procedure is submitted in writing and approved by the Commission, a requirement that, if a jackpot or credit meter payout is $1,200 or more but less than $15,000, a security department employee or a gaming operations department attendant or gaming operations department supervisor or above other than the preparer of the document sign the jackpot or credit meter payout document after verifying the payment of the jackpot or credit meter payout to the player and:
(a)
Winning combination of characters on the video lottery terminal and the amount of the jackpot; or
(b)
Number of accumulated credits;
(3)
A provision that only the preparer is required to sign the jackpot or credit meter payout document if:
(a)
A jackpot or credit meter payout is less than $10,000;
(b)
A facility operator’s slot or casino management system can independently verify a jackpot or credit meter payout;
(c)
The facility operator’s slot or casino management system and the central monitor and control system are fully operational; and
(d)
Overrides or adjustments are not required;
(4)
A requirement that, if a jackpot or credit meter payout is $15,000 or more but less than $35,000, a security department employee or a gaming operations department supervisor or above other than the preparer of the document sign the jackpot or credit meter payout document after verifying the payment of the jackpot or credit meter payout to the player and:
(a)
Winning combination of characters on the video lottery terminal and the amount of the jackpot; or
(b)
Number of accumulated credits;
(5)
A provision that, if a jackpot or credit meter payout document generated under
§G(1) of this regulation is requested by a gaming operations department supervisor or above, the verification required by
§G(4) of this regulation may be completed by a gaming operations department attendant, a gaming operations department supervisor or above, or a security department employee;
(6)
A requirement that, if a jackpot or credit meter payout is $35,000 or more, an operations department shift manager or higher level operations department employee other than the preparer of the document sign the jackpot or credit meter payout document after verifying the payment of the jackpot or credit meter payout to the player and:
(a)
Winning combination of characters on the video lottery terminal and amount of the jackpot; or
(b)
Number of accumulated credits;
(7)
A provision that, if a jackpot or credit meter payout document required under
§G(1) of this regulation is requested by a gaming operations department shift manager or higher level gaming operations department employee, the verification required by
§G(6) of this regulation may be completed by a gaming operations department attendant, a gaming operations department supervisor or above, or a security department employee;
(8)
A requirement that the following information be on a two-part computer-generated jackpot or credit meter payout document:
(a)
Date and time;
(b)
Asset number of the video lottery terminal or table game on which the jackpot was registered or credits accumulated;
(c)
Winning combination of characters constituting the jackpot or a code corresponding to the winning combination of characters constituting the jackpot or an indication that a credit meter payout is to be made;
(d)
Amount to be paid;
(e)
Unique transaction number generated by the video lottery system;
(f)
Signature or identification code of the preparer of the document;
(g)
If the payout is $1,200 or more, the signature or identification code of a verifying witness in accordance with this regulation; and
(h)
Unless an automated jackpot payout machine or a cash wallet is utilized to effect the payment, the signature or identification code of the cashier issuing the funds;
(9)
If utilized, procedures and controls applicable to a jackpot or credit meter payout:
(a)
Using an automated jackpot payout machine meeting the requirements of
Regulation .42 of this chapter; and
(b)
By a gaming operations department attendant from a cash wallet impressed with $10,000 or less;
(10)
If utilized, procedures and controls to be implemented if the facility operator resets the video lottery terminal or credit meter before the player is paid;
(11)
A requirement that the surveillance department:
(a)
Be notified of a jackpot or credit meter payout of $25,000 or more;
(b)
Log all notices regarding a jackpot or credit meter payout in the surveillance log required under
Regulation .12 of this chapter; and
(c)
Obtain and retain in accordance with
Regulation .11 of this chapter a photograph of the face of the player receiving the payout;
(12)
Details pertaining to:
(a)
Payment of a jackpot or credit meter payout at the:
(i)
Cashiers’ cage;
(ii)
Video lottery terminal; and
(iii)
Table game;
(b)
The use of an accounting drop box; and
(c)
Audit procedures to be performed by the facility operator’s accounting department at the conclusion of each gaming day;
(13)
Procedures addressing unclaimed jackpots or accumulated credits abandoned on a video lottery terminal or table game;
(14)
Details which establish the ability of the facility operator’s video lottery system to:
(a)
Ensure that a two-part computer-generated jackpot or credit meter payout document is not susceptible to change or deletion from the system after preparation;
(b)
Process and document system overrides or adjustments to jackpot or credit meter payouts including:
(i)
Overrides or adjustments where the payout requested does not match the payout amount sent from the video lottery terminal to the video lottery system; and
(ii)
Identification of the level of employee having override authority; and
(c)
Process voided jackpot or credit meter payout documents; and
(15)
Procedures utilized to issue a manual jackpot or credit meter payout document which:
(a)
Are to be used only when the video lottery system is unable to generate an jackpot or credit meter payout document;
(b)
Conform to the jackpot payout or credit meter payout verification and signature requirements of this regulation;
(c)
Involve use of a three-part serially prenumbered manual jackpot or credit meter payout document residing in a book, wiz machine, or functional equivalent;
(d)
Require manual jackpot or credit meter payout books or their functional equivalent to be maintained in a secured locked cabinet in the cashiers’ cage; and
(e)
Require the key to the cabinet in
§G(15)(d) of this regulation to be:
(i)
Controlled by the security department or the accounting department; and
(ii)
Limited to sign out by a gaming operations department supervisor or above.
H.
Electronic Jackpot or Credit Meter Payout System.
(1)
A facility operator may use an electronic jackpot or credit meter payout system approved by the Commission to process jackpot or credit meter payout transactions.
(2)
A facility operator may process jackpot or credit meter payouts using a portable device or other method approved by the Commission.
(3)
The electronic jackpot or credit meter payout system shall be capable of maintaining independently, or in conjunction with another computer system:
(a)
A record of each IRS Form W-2G in accordance with
§C of this regulation;
(b)
A record of each jackpot or credit meter payout document in accordance with
§G of this regulation;
(c)
All signatures required by this regulation;
(d)
A record of a voided transaction and the reason for the void; and
(e)
Any other information the Agency staff requires.
Regulation .39 Annuity Jackpot.LinkCopy Citation
A.
Definitions.
(1)
In this regulation, the following terms have the meanings indicated.
(2)
Terms Defined.
(a)
“Annuity jackpot” means a video lottery terminal or table game jackpot in which a player wins the right to receive fixed cash payments at specified intervals; and
(b)
“Discount rate” means a discount rate equal to the United States Treasury constant maturity rate for 20-year United States government securities for the week ending prior to the date of the jackpot, as identified in the applicable H.15 Statistical Release issued by the Federal Reserve Board plus 0.5 percent.
B.
A facility operator may not offer an annuity jackpot without the prior written approval of the Commission.
C.
A facility operator submitting a request for approval of an annuity jackpot to the Commission shall submit details pertaining to the annuity jackpot including:
(1)
The specific terms of:
(a)
The annuity; and
(b)
Any cash payout option;
(2)
The written trust agreement supporting the trust fund used to make future cash payments on the annuity jackpot, including details pertaining to:
(a)
Administration and funding of the trust agreement;
(b)
Liability for payments owed to a player; and
(c)
Designation of a trustee;
(3)
Internal controls addressing the offer and award of an annuity jackpot in accordance with §G of this regulation; and
(4)
Documentation supporting that the average payout percentage on the video lottery terminal offering the annuity jackpot will comply with this subtitle.
D.
A facility operator that offers an annuity jackpot payable over 10 years or more may offer a player the option to be paid in a single cash payout provided that payout is equal to the present value of the annuity jackpot as calculated in §E of this regulation.
E.
The present value of a cash payout option on an annuity jackpot shall be determined by:
(1)
Applying the discount rate to each of the future annuity jackpot payments;
(2)
Multiplying the number of years until each jackpot payment would otherwise have been received; and
(3)
Adding to that amount the amount of the first cash payment that would otherwise have been received.
F.
A facility operator shall pay a cash payout requested by a player in lieu of an annuity jackpot in accordance with Regulation .39 of this chapter.
G.
A facility operator shall develop and include in the internal controls submitted to and approved under Regulation .05 of this chapter procedures addressing the offer and award of an annuity jackpot.
H.
A facility operator’s internal controls shall include:
(1)
Procedures to be followed by a player to exercise a cash payout option; and
(2)
Procedures utilized to document payment of an annuity jackpot.
Regulation .40 Merchandise Jackpot.LinkCopy Citation
A.
Definitions.
(1)
In this regulation, the following terms have the meanings indicated.
(2)
Terms Defined.
(a)
“Merchandise” means goods, commodities, or other things of value; and
(b)
“Merchandise jackpot” means a video lottery terminal or table game jackpot in which a player wins:
(i)
Merchandise;
(ii)
A combination of a cash payout and merchandise; or
(iii)
An option to choose between a cash payout and merchandise.
B.
A facility operator may not offer a merchandise jackpot without the prior written approval of the Commission.
C.
A facility operator submitting a request for approval of a merchandise jackpot to the Commission shall submit details pertaining to the merchandise jackpot including:
(1)
The specific terms of:
(a)
The merchandise offer; and
(b)
Any cash payout option;
(2)
Documentation supporting the acquisition of the merchandise and its cash equivalent value under §D of this regulation;
(3)
Internal controls addressing the offer and award of a merchandise jackpot in accordance with §H of this regulation; and
(4)
Documentation supporting that the average payout percentage on the video lottery terminal offering the merchandise jackpot will comply with this subtitle.
D.
If a facility operator offers a merchandise jackpot consisting of merchandise or an optional cash payout, the optional cash payout shall equal the cash equivalent value of the merchandise determined in accordance with §E of this regulation.
E.
The cash equivalent value of merchandise shall be determined as follows:
(1)
Merchandise that the facility operator sells directly to the public in the normal course of business shall be valued at an amount equal to the full retail price normally charged for the merchandise;
(2)
Merchandise that the facility operator does not sell directly to the public in the normal course of business, but which is provided directly to a player by the facility operator, shall be valued at an amount equal to the actual cost to the facility operator of the merchandise;
(3)
Merchandise that is provided directly or indirectly to a player on behalf of a facility operator by a third party not related to the facility operator shall be valued at an amount equal to the actual cost to the facility operator of having the third party provide the merchandise; and
(4)
Merchandise that is provided directly or indirectly to a player on behalf of a facility operator by a third party who is related to the facility operator shall be valued as if the related party were the facility operator under §E(1) and (2) of this regulation.
F.
For the purpose of determining proceeds, the cash equivalent value of any merchandise paid as, or as a portion of, a jackpot shall be included in total winnings paid.
G.
A facility operator shall pay a cash payout portion of a merchandise jackpot and a cash payout requested by a player in lieu of a merchandise jackpot in accordance with Regulation .39 of this chapter.
H.
A facility operator shall develop and include in the internal controls submitted to and approved by the Commission under Regulation .05 of this chapter procedures addressing the offer and award of a merchandise jackpot.
I.
A facility operator’s internal controls shall include:
(1)
Procedures to be followed by a player to exercise a cash payout option; and
(2)
Procedures utilized to document payment of a merchandise jackpot.
Regulation .41 Automated Jackpot Payout Machine.LinkCopy Citation
A.
A facility operator may utilize an automated jackpot payout machine meeting the requirements of this subtitle.
B.
A facility operator may locate an automated jackpot payout machine on the gaming floor subject to the surveillance coverage requirements of Regulation .11 of this chapter.
C.
A facility operator shall, in accordance with Regulation .38D of this chapter, configure an automated jackpot payout machine to only process a jackpot or credit meter payout of less than $50,000.
D.
A facility operator shall develop and include in the internal controls submitted to and approved by the Commission under Regulation .05 of this chapter procedures addressing the payment of a jackpot or credit meter payout utilizing an automated jackpot payout machine.
E.
A facility operator’s internal controls shall include procedures and controls documenting:
(1)
A jackpot or credit meter payout transaction at an automated jackpot payout machine; and
(2)
Reconciliation and replenishment of an automated jackpot payout machine.
Regulation .42 Access to Bill Validators, Cash Storage, and Table Game Drop Boxes.LinkCopy Citation
A.
Access.
(1)
A facility operator shall control access to a bill validator, a cash storage box housed in a video lottery terminal, and a table game drop box in accordance with this regulation.
(2)
Access to a bill validator shall be controlled by:
(a)
At least one lock; and
(b)
Requiring the key to the lock to be maintained by the security department.
(3)
The cash storage box shall be secured to a bill validator by two separate locks, the keys to which are different from each other, and, for the lock on the belly door or main door of the video lottery terminal:
(a)
The key shall be controlled by the slots department in:
(i)
A manual key box; or
(ii)
An automated key tracking system;
(b)
Immediately prior to the commencement of the drop, the slots department may issue its belly door or main door key to the accounting department;
(c)
A key transferred from the slots department to the accounting department shall be returned immediately following the conclusion of the drop;
(d)
The facility operator shall establish sign in and sign out procedures in its internal controls documenting the transfers; and
(e)
If an automated key tracking system is used, a facility operator shall require dual access from the security department and accounting department to obtain keys.
(4)
The lock on the release mechanism securing the cash storage box to the bill validator shall be controlled by the security department.
(5)
Access to the contents of a cash storage box shall be controlled by:
(a)
At least one lock; and
(b)
Requiring the key to the lock to be maintained by the accounting department.
B.
Control. A facility operator shall either:
(1)
Assign to a cash storage box an asset number that:
(a)
Is permanently imprinted or affixed to the outside of the cash storage box; and
(b)
Corresponds to the asset number of the video lottery terminal in which the cash storage box is installed; or
(2)
With the written approval of the Commission, utilize a computerized system for:
(a)
Assigning a unique identification number to a cash storage box; and
(b)
Attributing it to the video lottery terminal in which the cash storage box is installed.
C.
Unique identification number. A facility operator shall ensure that an asset number or unique identification number on a cash storage box is clearly visible to:
(1)
An employee involved in removing or replacing a cash storage box; and
(2)
The surveillance department.
D.
Emergency cash storage box. A facility operator may maintain an emergency cash storage box without an asset number or a unique identification number if:
(1)
The word “emergency” is permanently imprinted or affixed on the box; and
(2)
When put into use, the cash storage box is temporarily marked with the asset number of the video lottery terminal in which it is installed.
E.
Table Game Drop Box.
(1)
A table game shall have a secure tamper-resistant table game drop box attached to it in which the following shall be deposited:
(a)
Cash exchanged for gaming chips and plaques at the gaming table;
(b)
Issuance copies of counter checks exchanged at the gaming table for gaming chips and plaques;
(c)
Copies of fill request slips, fill slips, credit request slips, credit slips, and table inventory slips; and
(d)
Other table game wagering instruments approved by the Commission.
(2)
A table game drop box shall have:
(a)
One lock securing the contents deposited into it;
(b)
A separate lock securing the table game drop box to the gaming table, the key to which must be different from the keys to the locks securing the contents of the table game drop box;
(c)
A slot opening through which currency, value chips, or poker rake chips for nonbanking games, other table game wagering instruments approved by the Commission, and required instruments can be inserted into it;
(d)
A mechanical device that automatically closes and locks the slot opening upon removal of the table game drop box from the gaming table; and
(e)
Permanently imprinted or impressed thereon, and clearly visible to surveillance, either:
(i)
A number corresponding to a unique permanent number on the gaming table to which the table game drop box is attached and at least one letter indicating the type of game; and
(ii)
The word “emergency”.
(3)
In addition to the requirements of §E(2)(e) of this regulation, a table game drop box may also be identified by a bar code label that is securely affixed to the table game drop box and shall be:
(a)
At a minimum, encoded with the information required under §E(2)(e) of this regulation; and
(b)
Prepared in accordance with the facility operator’s approved internal controls.
(4)
The security department shall control the key used to release a table game drop box from a table game in a manual key box or an automated key tracking system.
(a)
Immediately prior to the commencement of the table game count process, the security department may issue its release key to the count room supervisor for the purpose of resetting the release mechanism on empty table game drop boxes;
(b)
A key transferred by the security department shall be immediately returned after the conclusion of the table game drop box count;
(c)
In its internal controls, a facility operator shall establish sign-in and sign-out procedures governing key transfers and control of a key during breaks taken by count room personnel; and
(d)
If an automated key tracking system is used, a facility operator shall require dual access from the security department and accounting department to obtain keys.
(5)
The keys to the table game drop box locks required under §E(2)(a) of this regulation shall be controlled by the accounting department.
(6)
Before using a table game drop box labeled “Emergency” for a table game, a facility manager shall:
(a)
Obtain verbal approval of Commission compliance personnel; and
(b)
Temporarily mark the emergency table game drop box with the number of the gaming table and at least one letter indicating the game type.
Regulation .43 Collection of Cash Storage and Table Game Drop Boxes.LinkCopy Citation
A.
At least 30 days before video lottery terminal or table game operations are to commence, a facility operator shall submit to the Commission in writing a drop schedule setting forth:
(1)
Specific pick-up days and times for collection of cash storage and table game drop boxes and requirements that:
(a)
Cash storage boxes may not be commingled with table game drop boxes;
(b)
Unless a drop box is from a table game pit that was never opened for gaming on that gaming day, table game drop boxes shall be collected once each gaming day; and
(c)
The facility operator notify the Commission by telephone and in writing 1 hour in advance of changes to the table game drop box collection schedule required under §A(1)(b) of this regulation.
(2)
Specifications as to what areas of the gaming floor will be covered on each pick-up day; and
(3)
Specific transportation routes to be utilized from the gaming floor to the count room on each pick-up day.
B.
A facility operator shall notify the Commission:
(1)
In writing, of a permanent change in the drop schedule including a pick-up day or time, area of the floor to be dropped, or transportation route; and
(2)
Prior to any temporary deviation from the drop schedule.
C.
A facility operator shall make readily available to the Commission:
(1)
An access control matrix indicating which employee job descriptions are authorized to participate in the cash storage and table game drop box collection process; and
(2)
A list of employees, with license numbers, who are authorized to participate in the cash storage and table game drop box collection process.
D.
A facility operator shall develop and include in the internal controls submitted to and approved by the Commission under Regulation .05 of this chapter procedures addressing the collection of cash storage and table game drop boxes.
E.
A facility operator’s internal controls shall:
(1)
Detail the actual procedures to be performed and documentation to be generated by drop team employees collecting cash storage and table game drop boxes:
(a)
In accordance with the drop schedule; and
(b)
On an emergency basis; and
(2)
Require:
(a)
Cash storage and table game drop boxes to be transported directly to, and secured in:
(i)
The count room; or
(ii)
A trolley storage area approved by the Commission under COMAR 36.03.11;
(b)
The cash storage and table game drop box collection process to involve the participation of at least three employees, at least one of whom is an employee of the:
(i)
Security department; and
(ii)
Accounting department;
(c)
Prior to the movement of a trolley containing cash storage boxes from the gaming floor into the count room, an accounting department supervisor to verify that the number of cash storage boxes being transported from the gaming floor equals the number of cash storage boxes scheduled for collection that day;
(d)
Prior to the movement of a trolley containing table game drop boxes from the gaming floor into the count room, an accounting department supervisor or floorperson or above to verify that the number of table game drop boxes being transported from the gaming floor equals the number of table game drop boxes scheduled for collection; and
(e)
Prior to changing the type of table game offered, or removing a video lottery terminal or table game from the gaming floor, that an emergency drop shall be conducted.
F.
A facility operator shall transport cash storage and table game drop boxes in an enclosed trolley secured by one lock that has a key which is controlled by the security department.
G.
A facility operator shall store cash storage and table game drop boxes not attached to a bill validator, including emergency cash storage and table game drop boxes that are not actively in use:
(1)
In the count room in an area approved by the Commission;
(2)
In a trolley storage area approved by the Commission under COMAR 36.03.11; or
(3)
In another location at the facility approved by the Commission.
H.
The cabinet or trolley used for storage under §G of this regulation shall be secured by one lock that has a key which is controlled by the security department in:
(1)
A manual key box; or
(2)
An automated key tracking system.
I.
Immediately prior to the commencement of the count process, the security department may issue its key to the storage cabinet or trolley required under §G of this regulation to a count room supervisor for the purpose of allowing count room personnel to gain access to the cash storage or table game drop boxes to be counted.
J.
A trolley storage area utilized to store cash storage or table game drop boxes prior to the count process shall meet the design standards for a count room under Regulation .44 of this chapter.
K.
Except for security officers, the drop and count team members assigned to the collection of cash storage or table game drop boxes shall wear a one-piece, pocketless jumpsuit.
Regulation .44 Count Room Design Standards.LinkCopy Citation
A.
A facility operator shall have a count room designated, designed, and used for counting the contents of cash storage and table game drop boxes at a location approved by the Commission.
B.
A count room shall conform to the following standards:
(1)
Be constructed of materials and have an interior design which provides maximum security over the assets stored, and the activities conducted in, the room;
(2)
Meet the surveillance requirements of Regulation .11 of this chapter including audio coverage of the count process; and
(3)
Be constructed with doors equipped with:
(a)
An alarm system which tracks all ingress to and egress from the room and:
(i)
Directly alerts the security department; or
(ii)
Directly, or through a documented communications protocol, alerts the surveillance department; and
(b)
A locking mechanism with key backup, or a key that is:
(i)
Different from the key to any other door to the count room;
(ii)
Different from the keys to the locks securing each cash storage and table game drop box; and
(iii)
Controlled by the security department or the accounting department.
C.
A facility operator shall install in its count room a table constructed of clear glass or similar transparent material to be used for the emptying, counting, and recording of the contents of cash storage and table game drop boxes.
Regulation .45 Accounting Controls for a Count Room.LinkCopy Citation
A.
Count Schedule. At least 30 days before video lottery terminal or table game operations are to commence, a facility operator shall submit to the Commission a count schedule setting forth the specific times during which cash storage and table game drop boxes are to be counted and recorded.
B.
Notifications. A facility operator shall:
(1)
Notify the Commission in writing of any permanent change in the count schedule; and
(2)
Notify the Commission of any temporary deviation from the count schedule.
C.
Count Frequency.
(1)
A facility operator shall count the contents of each cash storage box at least once every 7 days unless an alternative count schedule is submitted in writing to and approved in writing by the Commission.
(2)
A facility operator shall count the contents of each table game drop box at least once each gaming day unless an alternative count schedule is submitted to, and approved in writing by, the Commission.
(3)
Unless no gaming is conducted or otherwise offered at the video lottery facility, a facility operator shall count the contents of each table game drop box at least once each gaming day.
(4)
The following shall be counted and recorded separately:
(a)
Table game drop boxes from banking games; and
(b)
Table game drop boxes from nonbanking games.
D.
Procedures. A facility operator shall develop and include in the internal controls submitted to and approved by the Commission under Regulation .05 of this chapter procedures addressing the counting and recording of cash storage and table game drop boxes.
E.
Internal Controls. A facility operator’s internal controls shall:
(1)
Detail all hardware, software, and related equipment utilized by the facility operator to conduct the count;
(2)
Detail the actual procedures to be performed and documentation to be generated by:
(a)
Count team employees conducting the counting process; and
(b)
The main bank cashier in verifying and accepting the count;
(3)
Require computerized equipment utilized to count and strap currency, gaming tickets, and promotional play instruments to:
(a)
Conduct two separate counts;
(b)
If the separate counts are not in agreement, document the discrepancy;
(c)
Be capable of determining the amount of a gaming ticket or promotional play instrument by independently examining information printed on the gaming ticket or promotional play instrument and:
(i)
Calculating the amount internally; or
(ii)
Obtaining the amount directly from a gaming ticket system or promotional play system in a secure manner; and
(d)
If a gaming ticket system or promotional play system is utilized to obtain the amount of a gaming ticket or promotional play instrument, require the system to perform a calculation or integrity check to ensure that the amount of the gaming ticket or promotional play instrument has not been altered in the system in any manner since the time of issuance;
(4)
Require a count room employee to:
(a)
Wear a one-piece, pocketless garment;
(b)
Carry only a handbag or other container constructed of transparent material; and
(c)
Remove the count room employee’s hands from, or return them to, a position on or above the count table or counting equipment only after holding the backs and palms of the hands straight out and exposing them to the view of other employees of the count team and a surveillance camera; and
(5)
Prior to the commencement of the count, require a count room employee to notify the surveillance department and receive confirmation that recording of the count process has commenced.
F.
Table Game Drop Box Count Requirements.
(1)
The Commission may require that the table game drop box be conducted in the presence of a Commission compliance representative.
(2)
After the contents of each table game drop box from a banking table game are counted, a member of the count team shall record, on a three-part Daily Banking Table Game Count Report or electronic equivalent prepared on a computer system, the following:
(a)
Value of each denomination of currency counted;
(b)
Total value of all denominations of currency counted;
(c)
Gaming date of the items being recorded;
(d)
Total number of banking table game drop boxes opened and counted; and
(e)
Current date.
(3)
After the contents of each table game drop box from a nonbanking table game are counted, a member of the count team shall record the following on a three-part Daily Nonbanking Table Game Count Report or electronic equivalent prepared on a computer system:
(a)
Value of poker rake chips counted;
(b)
Value of value chips counted;
(c)
Total value of poker rake chips and value chips counted;
(d)
Gaming date of the items being recorded;
(e)
Total number of nonbanking table game drop boxes opened and counted; and
(f)
Current date.
(4)
After the preparation of the Daily Banking Table Game Count Report and the Daily Nonbanking Table Game Count Report, the count team members and the count room supervisor shall sign the reports attesting to the accuracy of the information recorded thereon.
(5)
After the contents of all table game drop boxes have been counted, all cash, value chips, and poker rake chips shall be presented in the count room by a count team member to a main bank cashier or cage supervisor who, prior to having access to the information recorded on the Daily Banking Table Game Count Report and Daily Nonbanking Table Game Count Report, and in the presence of the count team members and, if required, a Commission compliance representative, shall recount the currency, value chips, and poker rake chips as follows:
(a)
The main bank cashier or cage supervisor may bulk count all strapped currency;
(b)
The Commission compliance representative may direct that currency straps be recounted by the main bank cashier or cage supervisor if a discrepancy is discovered during the initial bulk recount; and
(c)
All partial straps, loose currency, mutilated or torn currency, value chips, and poker rake chips shall be recounted by the main bank cashier or cage supervisor.
(6)
Upon completion of the recount, the main bank cashier or cage supervisor shall attest to the accuracy of the count by signature on the Daily Banking Table Game Count Report and Daily Nonbanking Table Game Count Report.
(7)
The Daily Banking Table Game Count Report and the Daily Nonbanking Table Game Count Report shall be distributed as follows:
(a)
Immediately after leaving the count room, the count room supervisor shall deliver the original to revenue audit or place it in a secure locked box controlled by revenue audit;
(b)
The Commission compliance representative who observed the count shall retain the second copy; and
(c)
The cage supervisor or main bank cashier shall retain the third copy.
(8)
Immediately after leaving the count room, the count room supervisor shall deliver any additional documents contained in the table game drop boxes to revenue audit or place the documents in a secured locked box controlled by revenue audit, including:
(a)
Requests for fills;
(b)
Fill slips;
(c)
Requests for credit;
(d)
Credit slips;
(e)
Issuance copies of counter checks; and
(f)
Table inventory slips.
(9)
A count room employee shall conduct a thorough inspection of the count room, and all counting equipment in the count room, to verify that no currency, chips, checks, vouchers, coupons, or other documentation remains in the room.
G.
A gaming ticket or promotional play instrument accepted by a cash storage or table game drop box shall be counted and included in the calculation of proceeds without regard to the validity of the gaming ticket or promotional play instrument.
H.
A promotional play instrument which is not cancelled upon acceptance or during the count process shall be cancelled prior to the conclusion of the count.
I.
A facility operator shall report in writing to the Commission within 72 hours of the count:
(1)
Any variance between the actual count of cash, gaming tickets, and promotional play instruments in a cash storage box as determined in the count room and the amount for that particular cash storage box recorded on the:
(a)
Facility operator’s video lottery terminal; and
(b)
If the data has been made available to the facility operator, the central monitor and control system;
(2)
The reason for the variance; and
(3)
Corrective action taken or adjustments made.
Regulation .46 Signs.LinkCopy Citation
A.
A facility operator shall construct all signs required under this regulation using a color scheme and font size reasonably expected to produce a sign which is readily visible to and readable by an individual entering the facility.
B.
A facility operator shall post signs containing the following messages in a conspicuous location not more than 20 feet from each customer entrance to the facility: “An individual, including an off-duty officer or agent of a local, state or federal law enforcement agency, may not possess a weapon or other device designed to be used to inflict pain or cause injury in (name of facility) without the prior written approval of the Maryland State Lottery and Gaming Control Commission.”
Regulation .47 Player Complaints.LinkCopy Citation
A.
A facility operator shall attempt to timely resolve a dispute with a player concerning operation of a video lottery terminal, table game, or payment of alleged winnings.
B.
A facility operator who is unable to satisfactorily resolve a dispute with a player within 3 days of notice of the dispute shall notify the Commission of the dispute.
C.
On receipt of notice by the facility operator of the dispute, the Commission shall provide the player with a Commission player complaint form together with instructions for completing and submitting the form.
D.
The Commission shall investigate a complaint submitted to the Commission and notify the player and facility operator of its determination.
E.
The Commission may provide a player with a complaint form at any time upon request.
Regulation .48 Possession of a Weapon in a Facility.LinkCopy Citation
A.
Except as otherwise provided in this regulation, an individual may not possess in a facility:
(1)
A firearm as defined in Public Safety Article, §5-101, Annotated Code of Maryland;
(2)
An electronic control device as defined in Criminal Law Article, §4-109, Annotated Code of Maryland;
(3)
A dangerous weapon as defined in Criminal Law Article, §4-101, Annotated Code of Maryland; or
(4)
Any other device or object designed to be used to inflict pain or cause injury.
B.
The prohibition in §A of this regulation:
(1)
Applies to all employees and contractors of the facility operator including security department employees; and
(2)
Does not apply to:
(a)
An on-duty officer or agent of a local, State or federal law enforcement agency having proper jurisdiction over the facility when the officer or agent is acting in an official capacity;
(b)
An individual who is employed by an armored car company or other entity that is under contract with the facility to transport cash or a cash equivalent; or
(c)
An individual authorized by the Commission to possess a weapon or device identified in §A of this regulation.
C.
An individual requesting Commission authorization to possess a weapon identified in §A of this regulation in a facility shall submit to the Commission in writing a request documenting:
(1)
A compelling need to possess a weapon in the facility;
(2)
That the individual is lawfully in possession of the weapon under applicable federal and State law; and
(3)
That the individual has received training in the possession and use of the weapon.
Regulation .49 Acceptance of Tips or Gratuities.LinkCopy Citation
A.
Except as otherwise provided in this regulation:
(1)
A supervisory video lottery employee of a facility is prohibited from soliciting or accepting a tip or gratuity directly from a player;
(2)
A video lottery employee is prohibited from soliciting a tip or gratuity from a player; and
(3)
A facility operator may permit an employee who is authorized to accept a gratuity from a player to accept a gaming ticket if the gaming ticket is redeemed:
(a)
At the cashiers’ cage; and
(b)
With approval of the employee’s department supervisor, if the amount of the gaming ticket exceeds $100.
B.
At least 30 days before table game operations are to commence, a facility operator shall submit to the Commission for approval internal controls relating to the acceptance of tips or gratuities by dealers at banking and nonbanking table games.
C.
Except as provided in §G of this regulation, a dealer shall immediately deposit all tips and gratuities into a transparent locked box reserved for tips and gratuities, and:
(1)
If roulette chips are received as a tips or gratuity, the marker button indicating the specific value of the roulette chips may not be removed until after the dealer, in the presence of a floorperson or above, has converted the roulette chips into value chips which shall then be immediately deposited in the transparent locked box reserved for tips and gratuities;
(2)
Tip and gratuities shall be:
(a)
Collected and accounted for at least once each gaming day; and
(b)
Placed in a common pool for distribution pro rata among all dealers in accordance with §E of this regulation; and
(3)
A facility operator may include dealer supervisors in the common pool described in §C(3) of this regulation.
D.
Upon receipt of a tip or gratuity from a player, the dealer shall extend the dealer’s arm in an overt motion and deposit the tip or gratuity in the locked box reserved for tips and gratuities.
E.
Tips and gratuities placed in a common pool shall be distributed pro rata among the dealers in the pool based on the number of hours worked and based on any standards for distribution established by a facility operator, which may include:
(1)
Hours of vacation time, personal leave time, or any other authorized leave of absence in the number of hours worked by each employee; and
(2)
Different full-time or part-time employees.
F.
A distribution of tips and gratuities from a common tip pool shall occur no more than once every 7 calendar days.
G.
Notwithstanding the requirements in §C of this regulation, a facility operator that offers the game of poker:
(1)
May establish a separate common pool for tips and gratuities received by its poker dealers; or
(2)
If it allows a poker dealer to retain the poker dealer’s own tips and gratuities:
(a)
Shall require tips and gratuities received by a poker dealer to be deposited in a transparent locked box assigned to the particular dealer; and
(b)
Shall require that the transparent locked box be moved from table to table with the dealer.
H.
If a facility operator elects to follow the requirements of §G(2) of this regulation, at the end of the poker dealer's shift:
(1)
The dealer shall take the transparent locked box assigned to the dealer to a cage cashier; and
(2)
The cage cashier shall open the container and count the tips and gratuities in the presence of the poker dealer, and record the total amount of the tips and gratuities received by the dealer, and:
(a)
Return the tips and gratuities to the dealer; or
(b)
Retain all or a portion of the tips and gratuities for inclusion in the dealer's paycheck.
I.
If a facility operator elects to follow the requirements of §G(2) of this regulation and has established a gaming industry tip and compliance agreement, §H of this regulation does not apply.
J.
A facility operator shall specify in its internal controls how dealer tips and gratuities will be reported to the Internal Revenue Service.
Regulation .50 Off-Site Customer Service Location.LinkCopy Citation
A.
A facility operator may establish an off-site customer service location for a player to:
(1)
Establish a customer deposit account and make a deposit under Regulation .23 of this chapter; and
(2)
Pay a counter check under Regulation .28 of this chapter.
B.
A facility operator that uses an off-site customer service location shall have internal controls that require:
(1)
Establishment of a compliance program required under COMAR 36.03.10.07.Q, that is updated to include the off-site customer service location operation;
(2)
Identification of the:
(a)
Address of the off-site customer service location;
(b)
Date the off-site customer service location is expected to open;
(c)
Name and contact information of the off-site customer service location manager;
(d)
Off-site customer service location telephone number(s);
(e)
Off-site customer service location normal hours of operation; and
(f)
An organization chart listing all positions that will have responsibility over Maryland operations related to the off-site customer service location;
(3)
Commencement of an off-site customer service location operation only after receiving Commission approval;
(4)
An employee independent of the off-site customer service location operation and the cage department to submit a monthly listing and reconciliation of all outstanding credit instruments that have been transferred to branch offices to the credit issuances and payments recorded by the cage;
(5)
An Off-Site Customer Service Location Report to be maintained by the licensee and updated quarterly to include the following for each off-site customer service location:
(a)
Address and telephone numbers;
(b)
If applicable, opening and closing date;
(c)
Name of the off-site customer service location manager;
(d)
Off-site customer service location normal hours of operation; and
(e)
Year-to-date and previous calendar year dollar amounts of the following Maryland specific transactions received or disbursed, and controlled by, the off-site customer service location:
(i)
Cash deposits, noncash deposits, and total deposits;
(ii)
Cash withdrawals, noncash withdrawals, and total withdrawals; and
(iii)
Cash payments on credit instruments, noncash payments on credit instruments, and total payments on credit instruments;
(6)
The Off-Site Customer Service Location Report to be submitted to the Commission no later than 30 days after the end of the calendar year;
(7)
An off-site customer service location to maintain the following records for Maryland video lottery operations:
(a)
A separate monthly log, by day, of payments received on credit instruments that includes:
(i)
Player’s name on an account to which a payment is being applied;
(ii)
Name of individual making a payment;
(iii)
Date of payment;
(iv)
Amount of payment; and
(v)
Whether a payment was by cash, check or other financial instrument;
(b)
A separate monthly log, by day, of all funds deposited and withdrawn that includes:
(i)
Player’s name on an account to which the funds are being applied;
(ii)
Name of the individual making the payment;
(iii)
Date of deposit or withdrawal;
(iv)
Amount of deposit or withdrawal;
(v)
Whether the transfer of funds was made by cash, check, or other financial instrument; and
(vi)
New ending account balance; and
(c)
Monthly record of currency exchange rate gains and losses and money changer fees in conjunction with a player’s payment on a credit instrument that includes:
(i)
Player’s name;
(ii)
Date of receipt; and
(iii)
Amount of payment; and
(8)
Any costs associated with the Commission’s audit or review of an off-site customer service location operation to be reimbursed by the licensee to the Commission.
C.
An off-site customer service location may not open until the Commission approves:
(1)
The internal controls described in §B of this regulation; and
(2)
An activation request submitted by the facility to the Commission.
Regulation .51 Donation of Coins from Gaming Payouts.LinkCopy Citation
A.
A facility operator shall offer players the opportunity to donate to the Maryland Veterans Trust Fund by providing at least one donation box or container that is:
(1)
Clearly marked as accepting donations for the Maryland Veterans Trust Fund;
(2)
Equipped with an opening that is large enough for players to donate coins, cash, gaming chips, gaming tickets, or other items that are redeemable for cash at the facility;
(3)
Capable of being locked;
(4)
Securely attached to a stationary object or otherwise secured to prevent unauthorized removal of the box or container; and
(5)
Located near an exit, cage, customer service window or kiosk, or in any other part of the facility that experiences high player traffic.
B.
A facility operator shall develop and include in the internal controls submitted to and approved under Regulation .05 of this chapter procedures and controls addressing the donation and security of items described in §A(2) of this regulation as donations to the Maryland Veterans Trust Fund.
C.
An item that was deposited into a Maryland Veterans Trust Fund box or container described in §A of this regulation may not be distributed as an unclaimed video lottery terminal jackpot under COMAR 36.03.01.03.
Regulation .52 Promotional Offers and Tournaments.LinkCopy Citation
A.
A facility operator shall submit terms and conditions of each promotion or tournament to the Commission no later than 14 days before the planned start of the promotion or tournament.
B.
Submission shall include:
(1)
A description of the promotion or tournament;
(2)
The dates and times of the promotion or tournament;
(3)
The participation requirements for the promotion or tournament;
(4)
If applicable, the procedure for a claim or to redeem the promotional offer;
(5)
Registration procedures;
(6)
Limitations on participation;
(7)
The gambling assistance message required by COMAR 36.03.06.03; and
(8)
Any other information the Commission requires.
Chapter annotations
Authority: Family Law Article, §10-113.1; State Government Article, §§
9-1A-
01,
9-1A-
02,
9-1A-
04, and
9-1A-24, Annotated Code of Maryland
History: Effective date:
History: Regulations
.01—
.49 adopted as an emergency provision effective March 1, 2013 (40:6 Md. R. 470); emergency action expired effective July 20, 2013
History: Regulations
.01—
.49 adopted effective adopted effective August 19, 2013 (40:16 Md. R. 1347)
History: Regulation .02D amended effective October 23, 2017 (44:21 Md. R. 985)
History: Regulation .03C amended effective October 19, 2020 (47:21 Md. R. 905)
History: Regulation .07 amended effective March 30, 2015 (42:6 Md. R. 515)
History: Regulation .07B amended effective July 7, 2025 (52:13 Md. R. 657)
History: Regulation .07F amended effective August 17, 2015 (42:16 Md. R. 1056)
History: Regulation .07F, L amended effective September 26, 2016 (43:19 Md. R. 1073)
History: Regulation .07N, P amended effective November 14, 2022 (49:23 Md. R. 997)
History: Regulation .08 amended effective January 7, 2016 (42:26 Md. R. 1597)
History: Regulation .08F amended effective March 30, 2015 (42:6 Md. R. 515)
History: Regulation .09 amended effective March 30, 2015 (42:6 Md. R. 515)
History: Regulation .10 amended effective January 7, 2016 (42:26 Md. R. 1597)
History: Regulation .11C amended effective October 23, 2017 (44:21 Md. R. 985)
History: Regulation .11D amended effective January 2, 2017 (43:26 Md. R 1450)
History: Regulation .11J amended effective April 27, 2026 (53:8 Md. R. 356)
History: Regulation .12C amended effective July 7, 2025 (52:13 Md. R. 657); April 27, 2026 (53:8 Md. R. 356)
History: Regulation .14C amended effective July 7, 2025 (52:13 Md. R. 657)
History: Regulation .16 amended effective October 19, 2020 (47:21 Md. R. 905)
History: Regulation .16B amended effective January 7, 2016 (42:26 Md. R. 1597)
History: Regulation .16C amended effective May 26, 2014 (41:10 Md. R. 566)
History: Regulation .16C, D amended effective October 22, 2018 (45:21 Md. R. 976); November 14, 2022 (49:23 Md. R. 997)
History: Regulation .16D amended as an emergency provision effective December 12, 2023 (50:26 Md. R. 1130); amended permanently effective May 27, 2024 (51:10 Md. R. 529)
History: Regulation .18B amended effective March 30, 2015 (42:6 Md. R. 515)
History: Regulation .19E amended effective October 23, 2017 (44:21 Md. R. 985); October 22, 2018 (45:21 Md. R. 976)
History: Regulation .20 amended effective October 22, 2018 (45:21 Md. R. 976)
History: Regulation .20F, I amended effective March 30, 2015 (42:6 Md. R. 515); October 23, 2017 (44:21 Md. R. 985)
History: Regulation .20F, G, I amended effective September 26, 2016 (43:19 Md. R. 1073)
History: Regulation .20F amended effective October 7, 2019 (46:20 Md. R. 848); September 6, 2021 (48:18 Md. R. 695)
History: Regulation .20F amended as an emergency provision effective December 12, 2023 (50:26 Md. R. 1130); amended permanently effective May 27, 2024 (51:10 Md. R. 529)
History: Regulation .20K adopted effective October 19, 2020 (47:21 Md. R. 905)
History: Regulation .20K amended as an emergency provision effective December 12, 2023 (50:26 Md. R. 1130); July 7, 2025 (52:13 Md, R. 657)
History: Regulation .21 amended as an emergency provision effective December 12, 2023 (50:26 Md. R. 1130); amended permanently effective May 27, 2024 (51:10 Md. R. 529)
History: Regulation .21D amended effective January 7, 2016 (42:26 Md. R. 1597)
History: Regulation .23E amended effective March 13, 2017 (44:5 Md. R. 294)
History: Regulation .24 amended effective March 30, 2015 (42:6 Md. R. 515)
History: Regulation .24D, I amended effective September 26, 2016 (43:19 Md. R. 1073)
History: Regulation .24P, Q amended effective October 23, 2017 (44:21 Md. R. 985)
History: Regulation .26C amended effective March 30, 2015 (42:6 Md. R. 515); September 26, 2016 (43:19 Md. R. 1073); October 22, 2018 (45:21 Md. R. 976)
History: Regulation .26D adopted effective October 7, 2019 (46:20 Md. R. 848)
History: Regulation .27 amended effective March 30, 2015 (42:6 Md. R. 515)
History: Regulation .27C amended effective September 26, 2016 (43:19 Md. R. 1073); October 22, 2018 (45:21 Md. R. 976)
History: Regulation .27D amended effective October 23, 2017 (44:21 Md. R. 985); October 22, 2018 (45:21 Md. R. 976)
History: Regulation .27E adopted effective October 7, 2019 (46:20 Md. R. 848)
History: Regulation .28 amended effective March 30, 2015 (42:6 Md. R. 515); October 19, 2020 (47:21 Md. R. 905)
History: Regulation .28C amended effective January 7, 2016 (42:26 Md. R. 1597); October 23, 2017 (44:21 Md. R. 985); October 7, 2019 (46:20 Md. R. 848); September 6, 2021 (48:18 Md. R. 695); July 7, 2025 (52:13 Md. R. 657)
History: Regulation .28C, G amended effective October 22, 2018 (45:21 Md. R. 976)
History: Regulation .28H amended effective March 13, 2017 (44:5 Md. R. 294)
History: Regulation .28J adopted effective October 7, 2019 (46:20 Md. R. 848)
History: Regulation .29A amended as an emergency provision effective November 7, 2013 (40:24 Md. R. 2015); amended permanently effective February 3, 2014 (41:2 Md. R. 93)
History: Regulation .29A, D amended effective October 22, 2018 (45:21 Md. R. 976)
History: Regulation .30 amended effective March 30, 2015 (42:6 Md. R. 515)
History: Regulation .31B amended effective October 22, 2018 (45:21 Md. R. 976)
History: Regulation .32 amended effective March 30, 2015 (42:6 Md. R. 515)
History: Regulation .34D amended effective March 30, 2015 (42:6 Md. R. 515)
History: Regulation .34E adopted as an emergency provision effective December 12, 2023 (50:26 Md. R. 1130); amended permanently effective May 27, 2024 (51:10 Md. R. 529)
History: Regulation .35B amended effective March 30, 2015 (42:6 Md. R. 515)
History: Regulation .36D amended effective September 26, 2016 (43:19 Md. R. 1073)
History: Regulation .36F amended effective December 12, 2013 (40:24 Md. R. 2018)
History: Regulation .37B amended effective November 14, 2022 (49:23 Md. R. 997)
History: Regulation .38 amended effective October 23, 2017 (44:21 Md. R. 985)
History: Regulation .38C amended effective August 17, 2015 (42:16 Md. R. 1056); May 25, 2026 (53:10 Md. R. 459)
History: Regulation .38D amended effective March 30, 2015 (42:6 Md. R. 515); October 22, 2018 (45:21 Md. R. 976)
History: Regulation .38F amended effective January 7, 2016 (42:26 Md. R. 1597)
History: Regulation .38G amended effective October 22, 2018 (45:21 Md. R. 976); October 7, 2019 (46:20 Md. R. 848); September 6, 2021 (48:18 Md. R. 695)
History: Regulation .38H adopted effective July 7, 2025 (52:13 Md. R. 657)
History: Regulation .41C amended effective March 30, 2015 (42:6 Md. R. 515); October 23, 2017 (44:21 Md. R. 985); October 22, 2018 (45:21 Md. R. 976)
History: Regulation .42A, E amended effective March 30, 2015 (42:6 Md. R. 515); January 7, 2016 (42:26 Md. R. 1597)
History: Regulation .42E amended effective October 23, 2017 (44:21 Md. R. 985)
History: Regulation .43 amended effective March 30, 2015 (42:6 Md. R. 515)
History: Regulation .43A amended effective October 22, 2018 (45:21 Md. R. 976)
History: Regulation .43B, G amended effective January 7, 2016 (42:26 Md. R. 1597)
History: Regulation .43K adopted effective April 27, 2026 (53:8 Md. R. 356)
History: Regulation .44A amended effective September 26, 2016 (43:19 Md. R. 1073)
History: Regulation .45 amended effective September 26, 2016 (43:19 Md. R. 1073)
History: Regulation .45C amended effective October 22, 2018 (45:21 Md. R. 976)
History: Regulation .49A amended effective March 30, 2015 (42:6 Md. R. 515)
History: Regulation .49 amended effective September 26, 2016 (43:19 Md. R. 1073)
History: Regulation .49D amended effective December 12, 2013 (40:24 Md. R. 2018)
History: Regulation .50 adopted effective March 13, 2017 (44:5 Md. R. 294)
History: Regulation .51 adopted effective October 23, 2017 (44:21 Md. R. 985)
History: Regulation .52 adopted effective July 7, 2025 (52:13 Md. R. 657)