F-Rules1 6145 7
F-Rules1 6145 7
F-Rules1 6145 7
CASINO GAMING
(By authority conferred on the Michigan gaming control board by section 4 of the
Michigan gaming control and revenue act, 1996 IL 1, MCL 432.204)
PART 1. DEFINITIONS
R 432.1101 Definitions; A to C.
Rule 101. As used in these rules:
(a) "Act" means the Michigan gaming control and revenue act, 1996 IL 1, MCL
432.201 to 432.226.
(b) "Application" means all materials and information comprising the applicant's
request for a casino license, supplier's license, or occupational license submitted by the
applicant to the board, including, but not limited to, the instructions, forms, and other
documents required by the board for purposes of application for a license under the act
and these rules.
(c) "Associated equipment" means any of the following:
(i) Any equipment which is a mechanical, electromechanical, or electronic
contrivance, component, or machine and which is used indirectly or directly in
connection with gaming.
(ii) Any equipment that would not otherwise be classified as a gaming device,
including, but not limited to, links, modems, and dedicated telecommunication lines, that
connects to progressive electronic gaming devices.
(iii) Computerized systems that monitor electronic gaming devices, table games, and
other gambling games approved by the board.
(iv) Equipment that affects the proper reporting of gross receipts.
(v) Devices for weighing and counting money.
(vi) Any other equipment that the board determines requires approval as associated
equipment to protect the integrity of gaming and ensure compliance with the act and
these rules.
(d) "Attributed interest" means any direct or indirect interest in a business entity
deemed by the board to be held by an individual through holdings of the individual's
immediate family or other persons and not through the individual's actual holdings.
(e) "Bill validator" means an electromechanical device attached either on or into an
electronic gaming device for the purpose of dispensing an amount of credits equal to the
amount of cash or cash equivalency inserted into the bill validator.
(f) "Board" means the Michigan gaming control board.
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(g) "Board surveillance room" means dedicated office space in each casino for the
exclusive use of the board for the monitoring and recording of gaming or any other
activities.
(h) "Cash" means United States currency and coin or foreign currency and coin that
has been exchanged for its equivalent United States currency and coin value.
(i) "Cash equivalent" means an asset that is readily convertible to cash, including,
but not limited to, any of the following:
(i) Travelers checks.
(ii) Certified checks, cashier's checks, and money orders.
(iii) Personal checks or drafts.
(iv) Credit extended by the casino licensee, a recognized credit card company, or
banking institution.
(v) Any other instrument that the board deems a cash equivalent.
Other than recognized credit cards or credit extended by the casino licensee, all
instruments that constitute a cash equivalent shall be made payable to the casino licensee,
bearer, or cash. If an instrument is made payable to a third party, then the instrument is
not a cash equivalent.
(j) "Casino critical computerized systems" means 1 or more computer systems
which are approved by the board and which meet all of the following requirements:
(i) Are connected to all electronic gaming devices in the casino to record and
contemporaneously monitor the play and cash flow and security of each electronic
gaming device.
(ii) Are capable of monitoring the activities of the live gaming devices, including,
but not limited to, any of the following or their equivalents:
(A) Table fills.
(B) Table credits.
(C) Table gaming receipts, disbursements, and revenues.
(iii) Are capable of tracking the activities of the live gaming devices, including, but
not limited to, either of the following or their equivalents:
(A) Table game inventories.
(B) Employee gratuity receipt and disbursement accounting.
(iv) Are capable of monitoring the activities of the main bank and all cages,
including, but not limited to, either of the following or their equivalents:
(A) Manual payouts.
(B) Table credits and fills.
(v) Are capable of tracking the activities of the main bank and all cages, including,
but not limited to, any of the following or their equivalents:
(A) Receipt and record of soft count.
(B) Record of gaming receipts, disbursements, and revenues.
(C) Cashier checkout.
(D) Main bank and cage inventory.
(E) Deposits.
(F) Cash transaction reports.
(G) Patron credit.
(vi) Are capable of monitoring the casino licensee's casino accounting package.
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(vii) Are linked by dedicated telecommunication lines to board-designated computer
terminals located in board offices on and off the casino premises. The terminals shall be
able to access, receive, and display the information required and prescribed by the board.
(k) "Casino license" means a license issued by the board to a person to own or
operate a casino in this state under the act.
(l) "Casino operations" means operations of a casino or a casino enterprise other
than gambling operations, including, but not limited to, the purveying of food, beverages,
retail goods and services, and transportation.
(m) "Casino surveillance room" means a room or rooms at each casino for
monitoring and recording casino operations and gambling operations by the casino
licensee.
(n) "Certificate of suitability" means a written document issued by the board
certifying that an applicant has been chosen for licensure if the applicant meets all of the
following:
(i) The conditions of a certified development agreement with a city.
(ii) The conditions set forth by the board in the certificate of suitability and the
requirements of the act and these rules.
(o) "Chip" means a representation of value redeemable for cash only at the issuing
casino and issued by a casino licensee for use in gaming, other than in electronic gaming
devices.
(p) "Contest" means a gambling game which is offered and sponsored by a gambling
operation in which patrons of the gambling operation are assessed an entry fee to play the
game or games and in which winning patrons receive a portion of or all of the entry fees
that may be increased with cash and noncash prizes from the gambling operation.
(q) "Counterfeit chips" means chip-like objects that have not been approved under
these rules, including objects commonly referred to as slugs, but not including legal coins
of the United States or any other nation.
(r) "Count room" means the room or rooms designated for the counting, wrapping,
and recording of a casino licensee's gaming receipts.
R 432.1102 Definitions; D to F.
Rule 102. As used in these rules:
(a) "Debt instrument" means any of the following:
(i) Bond.
(ii) Loan.
(iii) Mortgage.
(iv) Trust.
(v) Deed, when committed in any form as collateral.
(vi) Note.
(vii) Debenture.
(viii) Subordination.
(ix) Guaranty.
(x) Letter of credit.
(xi) Security agreement.
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(xii) Pledge.
(xiii) Chattel mortgage.
(xiv) Other form of indebtedness.
(b) "Debt transaction" means a transaction in which a person that has applied for or
holds a casino license or holding company or affiliate that has control of the applicant or
holder of the casino license, acquires debt, including, but not limited to, bank financing,
private debt offerings, or any other transaction that results in a change of encumbrance of
more than 1% in capitalization or debt-to-equity ratio of the licensee, applicant, holding
company, or affiliate of the applicant or holder of the casino license.
(c) "Dependent" means any individual who received over 1/2 of his or her support in
a calendar year from any other individual.
(d) "Drop" means the total amount of EGD drop and table drop.
(e) "Drop box" means the box attached to a live gaming device table or electronic
gaming device that may be used to collect, items including, but not limited to, any of the
following:
(i) Currency.
(ii) Tickets.
(iii) Chips.
(iv) Cash equivalents.
(v) Damaged chips.
(vi) Documents verifying the extension of credit.
(vii) Request for fill and credit forms.
(viii) Fill and credit slips.
(ix) Error notification slips.
(x) Table inventory forms.
(xi) All other forms used by the casino licensee and deposited in the drop box as part
of the audit trail.
(f) "Drop meter" means an electronic or mechanical device or devices, or both, that
automatically and continuously count the number of dropped electronic gaming device
credits.
(g) “EGD drop” means the total value of currency and tickets collected from the
drop box. If a patron is utilizing an electronic card, then the drop includes the amount
transferred to an EGD.
(h) “EGD win” means the EGD drop minus hand-paid jackpots, tickets issued, and
electronic credits transferred from an EGD.
(i) "Electronic card" means a card purchased from, or provided by, a casino licensee
for use at the licensee's casino as a substitute for currency for the conduct of gaming.
(j)"Electronic credit" means a value owed to a patron on an electronic gaming
device.
(k) "Electronic gaming device" or “EGD” means an electromechanical device, or
electrical device or machine which, upon payment of consideration, is available to play or
operate as a gambling game. The operation of the device or machine, whether by reason
of the skill of the operator or application of the element of chance, or both, may deliver or
entitle the person playing or operating the device to receive any of the following, whether
the payoff is made automatically from the machines or in any other manner:
(i) Premiums.
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(ii) Merchandise.
(iii) Tickets.
(iv) Redeemable game credits.
(v) Anything of value other than unredeemable free games.
(l) "EPROM" means erasable, programmable, read only memory.
(m) "Excluded person" means a person whose name appears on an exclusion list.
(n) "Exclusion list" means a list or lists that contain identities of persons who are to
be excluded or ejected from any gambling operation in any jurisdiction.
(o) "Felony" means a violation of a penal law of this state for which the offender,
upon conviction, may be punished by imprisonment for more than 1 year, or an offense
expressly designated by law to be a felony. Convictions under federal law or the law of
states other than this state are to be considered felony convictions if the offense was
punishable by death or by more than 1 year of incarceration or, when the statutory
penalty is not available, if the crime was designated as a felony in the convicting
jurisdiction at the time of the prior conviction.
(p) "Financial statement" means any of the following:
(i) Balance sheet.
(ii) Income statement.
(iii) Profit and loss statement.
(iv) Statement of cash flow.
(v) Sources and uses of funds statement.
(q) "Front money" means a deposit of value made by a patron at the cage.
R 432.1103 Definitions; G to I.
Rule 103. As used in these rules:
(a) "Gaming area" means the room or rooms in a casino in which gaming is
conducted.
(b) "Gaming equipment or supplies" means a machine, mechanism, device, piece of
equipment, item, or implement that affects the result of a gambling game by determining
a win or loss, including, without limitation, any of the following:
(i) EGDs.
(ii) Software.
(iii) Cards.
(iv) Dice.
Layouts for live table games and any representatives of value, including, without
limitation, chips, or electronic cards and related hardware and software do not affect the
result of a game, but are gaming equipment and supplies.
(c) "Gaming operations manager" means a person who has the ultimate
responsibility to manage, direct, or administer the conduct of the gambling operation in a
casino licensed under the act and these rules.
(d) "Hand" means either 1 game in a series, 1 deal in a card game, or the cards held
by a player.
(e) "Hearing officer" means the board member or the administrative hearing officer
designated to conduct a hearing on any matter within the jurisdiction of the board.
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(f) "Holding company" means any person, other than an individual, that meets both
of the following criteria:
(i) Directly or indirectly owns, has the power or right to vote or control, or holds
with the power to vote more than 5% of the stock, equity interest, or other voting security
of a person that holds, or has applied for, a casino license or a supplier's license.
(ii) Directly or indirectly holds, or substantially owns, any power, right, or security
through any interest in a subsidiary or successive subsidiary, regardless of how many
subsidiaries may intervene between the holding company and the holder or applicant for,
or holder of, casino license or a supplier's license.
(g) "Immediate family" means any of the following, whether by whole or half blood,
marriage, adoption, or effect of law:
(i) Spouse, other than a spouse who is legally separated from the individual under a
decree of divorce or separate maintenance.
(ii) Parent.
(iii) Child.
(iv) Dependent.
(v) Sibling.
(vi) Spouse of sibling.
(vii) Father-in-law.
(viii) Mother-in-law.
(h) "Indirect interest" means an interest, claim, right, legal share, or other financial
stake in a person that is deemed by the board to exist by virtue of a financial or other
interest in another person.
(i) "Individual" means any natural person.
(j) "Interim compliance period" means the period of time between the issuance of a
certificate of suitability and the issuance of a casino license or the issuance of a notice of
denial.
(k) "Intermediary company" means any corporation, firm, partnership, trust, limited
liability company, or other form of business entity that meets one of the following
criteria:
(i) Is a holding company of a person that has applied for or holds a casino license or
supplier license.
(ii) Is a subsidiary of any holding company of a person that has applied for or holds
a casino license or supplier license.
(l) "Internal control system" means the internal procedures, administration, and
accounting controls designed by the casino licensee for the purpose of exercising control
over the gambling operation and its assets.
(m) "Irrevocable letter of credit" means an engagement by a banking institution
which is issued, held, and negotiated under the publication entitled "Uniform Customs
and Practice for Documentary Credits," 2007 revision, International Chamber of
Commerce publication no. 600, as amended, or "International Standby Practices ISP 98,"
International Chamber of Commerce publication no. 590 (1999), as amended, at the
request of a casino licensee, and under which the banking institution will honor demands
for payment upon compliance with the conditions specified until the expiration date on
the letter of credit.
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(iii) Craps table.
(iv) Poker table.
(v) Table layout.
R 432.1105 Definitions; M to O.
Rule 105. As used in these rules:
(a) "Main bank" means the casino department that is responsible for at least all of
the following:
(i) Cashing customer checks.
(ii) Establishing hold check privileges.
(iii) Redeeming chips.
(iv) Providing working funds to all operational departments.
(v) Deposits of front money.
(vi) Maintaining custody of all inventory.
(vii) Processing markers.
(viii) Assuming responsibility for all of the following individuals and physical
structures:
(A) Casino cashiers.
(B) Change attendants.
(C) Main bank vault or vaults.
(D) Any other structure that houses chips or other representatives of value that the
main bank is accountable for.
(b) "Marker" means an electronic or written document that evidences an extension
of credit to a patron by the casino licensee, including any writing taken in consolidation,
redemption, or payment of a previous marker.
(c) "Multigames" means an EGD that offers a menu of more than 1 gambling game
to the player.
(d) "Nominee" means a person that holds, as owner of record, the legal title to
tangible or intangible personal or real property, including, without limitation, any of the
following:
(i) A stock.
(ii) A bond debenture.
(iii) A note.
(iv) An investment contract.
(v) Real estate on behalf of another person. A nominee is designated and authorized
to act on behalf of another person with respect to the property.
(e) "Nonvalue chip" means a chip which is clearly and permanently impressed,
engraved, or imprinted with the name of the casino licensee, but which does not bear a
value designation.
R 432.1106 Definitions; P to R.
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Rule 106. As used in these rules:
(a) "Par sheet" means a document which is provided by the EGD manufacturer and
which depicts all of the following:
(i) The possible outcomes from the play of an EGD.
(ii) The probability of occurrence of the outcomes.
(iii) The contribution of each winning outcome to the payback percentage of the
EGD.
(b) "Patron dispute" means a dispute a patron has regarding winnings or losses or the
conduct of gambling at a casino.
(c) "Payout" means the winnings that result from a wager.
(d) "Petitioner" means a person who files a petition under part 7 of these rules.
(e) "Picture identification" means a valid driver license, state identification card,
student identification card, military identification card, passport, or any other bona fide
picture identification that establishes the identity and age of the individual.
(f) "Pit" means the area enclosed or encircled by the arrangement of the gaming
tables in which casino gambling personnel administer and supervise the live games
played at the tables by patrons located outside the perimeter of the area.
(g) "Progressive controller" means the hardware and software that controls all
communication among the EGDs or live gaming devices within a progressive EGD link
or a progressive live gaming device link and its associated progressive meter.
(h) "Progressive jackpot" means a value determined by application of an approved
formula to the income of independent, local, or interlinked EGDs or live gaming devices.
(i) "Public offering" means a sale of securities that is subject to the registration
requirements of section 5 of the securities act of 1933, 15 USC 77e(c), or that is exempt
from the registration requirements solely by reason of an exemption contained in either of
the following provisions:
(i) Section 3(a)(10), (a)(11), or (c) of the securities act of 1933, 15 USC 77c(a)(10),
(a)(11), or (c), as amended.
(ii) Regulation A or Regulation D adopted under section 3(b) of the securities act of
1933, 15 USC 77c(b), 17 CFR 230.251 to 230.263, and 230.500 to 230.508, as amended.
(j) "Publicly held company" or "publicly traded corporation" means any of the
following:
(i) A person, other than an individual, to which either of the following provisions
applies:
(A) The person has 1 or more classes of voting securities registered under section 12
of the securities exchange act of 1934, 15 USC 78l, as amended.
(B) The person issues securities and is subject to section 15(d) of the securities
exchange act of 1934, 15 USC 78o(d), as amended.
Either term also means another person, other than an individual, required to file under
the securities exchange act of 1934, 15 USC 78a to 78qq.
(ii) A person, other than an individual, created under the laws of a foreign country to
which both of the following provisions apply:
(A) The person has 1 or more classes of voting securities registered on the foreign
country's securities exchange or over-the-counter market.
(B) The board has determined that the person's activities are regulated in a manner
that protects the investors and this state.
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Either term includes any person, other than an individual, that has securities
registered or is an issuer under this definition solely because it guaranteed a security
issued by an affiliate under a public offering and is considered by the Securities and
Exchange Commission to be an underwriter of a public offering under section 2(a)(11)
of the securities act of 1933, 15 USC 77b(a)(11), and 17 CFR 230.140, as amended.
(iii) A person, other than an individual, that has shares which are traded on an
established securities market or traded on a secondary market.
(k) "Random access memory" or “RAM” means the electronic component used for
computer work space and storage of volatile information in an EGD.
(l) "Randomness" means the unpredictability and absence of pattern in the outcome
of an event or sequence of events.
(m) "Random number generator" or “RNG” means hardware, software, or a
combination of hardware and software devices for generating number values that exhibit
the characteristics of randomness.
(n) "Registered agent" means an individual designated to accept service of legal
process on behalf of another person.
(o) "Related party" means 1 of the following:
(i) An individual or business entity that has a pecuniary interest in a casino licensee,
a casino license applicant, or an affiliate thereof, if the casino licensee, casino license
applicant, or affiliate is not a publicly held company.
(ii) A holder of more than 5% of the outstanding shares of a casino licensee, a casino
license applicant, or an affiliate thereof, if the casino licensee, casino license applicant, or
affiliate is a publicly held company.
(iii) A key person of a casino licensee, a casino license applicant, or an affiliate of a
casino licensee or a casino license applicant.
(iv) An affiliate of a casino licensee or a casino license applicant.
(v) An immediate family member of a holder of more than 5% of the outstanding
shares of a casino licensee, a casino license applicant, or an affiliate of a casino licensee
or a casino license applicant.
(vi) A relative of a key person of a casino licensee, a casino license applicant, or an
affiliate of a casino licensee or a casino license applicant.
(vii) A relative of an affiliate of a casino licensee or a casino license applicant.
(viii) A trust for the benefit of, or managed, by a casino licensee, a casino license
applicant, or an affiliate or a key person of a casino licensee or a casino license applicant.
(ix) Any other person who is able to significantly influence the management or
operating policies of a casino licensee, a casino license applicant, or an affiliate of a
casino licensee or a casino license applicant.
(x) An institutional investor that has a controlling interest in a person that has
applied for or holds a casino license or supplier license or that fails to meet the standards
set forth in section 6c(1) of the act, MCL 432.206c, for waiver of the eligibility and
suitability requirements for licensure under the act and these rules. An institutional
investor is not considered to be a related party unless it fails to meet the standard set forth
in section 6c(1) of the act, MCL 432.206c, for waiver of the eligibility and suitability
requirements for licensure.
(p) "Related party transactions" means transactions between a casino licensee or a
casino license applicant and at least 1 of the following:
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(i) A related party.
(ii) An immediate family member.
(iii) A dependent.
(q) "Relative" means any of the following entities whether by whole or half blood,
marriage, adoption, or natural relationship:
(i) Spouse, other than a spouse who is legally separated from the individual under a
decree of divorce or separate maintenance.
(ii) Parent.
(iii) Grandparent.
(iv) Child.
(v) Grandchild.
(vi) Sibling.
(vii) Uncle.
(viii) Aunt.
(ix) Nephew.
(x) Niece.
(xi) First cousin.
(xii) Father-in-law.
(xiii) Mother-in-law.
(xiv) Son-in-law.
(xv) Daughter-in-law.
(xvi) Brother-in-law.
(xvii) Sister-in-law.
(xviii) Dependent.
(r) "Read only memory" or “ROM” means the electronic component used for
storage of nonvolatile information in an EGD, including programmable ROM and
erasable programmable ROM.
(s) "Respondent" means a person against whom a seizure, forfeiture, or disciplinary
action has been initiated.
R 432.1107 Definitions; S to U.
Rule 107. As used in these rules:
(a) "Slot machine" means a type of EGD.
(b) "Slug" means a disk or object which is not issued by the casino licensee and
which does not have a cash value.
(c) "Sole proprietor" means an individual who owns 100% of the assets and who is
principally liable for the debts of a business, regardless of whether another person
guarantees payment of such debts.
(d) "Standard chi-squared analysis" means the sum of the squares of the difference
between the expected result and the observed result.
(e) "Subsidiary" means a person, other than an individual, including, without
limitation, a firm, partnership, trust, limited liability company, or other form of business
organization in which an equity interest is owned, subject to a power or right of control,
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or held with the power to vote directly, indirectly, or in conjunction with a holding
company or intermediary company.
(f) "Substantial owner" means the holder of any of the following:
(i) More than 5% of the total combined voting power of a corporation or more than
5% of the total value of shares of all classes of stock of a corporation.
(ii) More than a 5% interest in a partnership.
(iii) More than 5% of the value of a trust computed actuarially.
(iv) More than 5% of the legal or beneficial interest in any other person. For
purposes of computing the percentages in this subdivision, a holder will be deemed to
own any stock or other interest in a person, whether owned directly, indirectly, or
attributed. The term "substantial owner" does not include an institutional investor, unless
the institutional investor has more than a 5% interest in the applicant or licensee and fails
to meet the standards set forth in section 6c(1) of the act, MCL 432.206c, for waiver of
the eligibility and suitability requirements for licensure under the act and these rules.
(g) "Supplier" means a person who the board has identified under rules promulgated
by the board as requiring a license to provide casino licensees or casino enterprises with
goods or services regarding the realty, construction, maintenance, or business of a
proposed or existing casino, casino enterprise, or related facility, including, but not
limited to any of the following:
(i) Junket enterprises.
(ii) Security businesses.
(iii) Manufacturers of gaming devices or equipment.
(iv) Distributors.
(v) Persons who service gaming devices or equipment.
(vi) Garbage haulers.
(vii) Maintenance companies.
(viii) Food purveyors.
(ix) Construction companies.
(h) "Surety bond" means a contractual arrangement between the surety, the
principal, and the obligee that the surety agrees to protect the obligee if the principal
defaults in performing the principal's contractual obligation. The bond is the instrument
that binds the surety.
(i) "Table drop" means the total dollar amount of United States and foreign
currency, chips, tickets, markers, or credits contained in the drop box of a live gaming
device.
(j) "Table win" means the dollar amount which is won by the casino licensee
through play at a live game and which is the total of the table drop, plus ending chip
inventory, minus opening chip inventory, plus chip credits, minus fills.
(k) "Theoretical payout percentage" means the sum of the number of cash
equivalents or credits expected to be paid as a result of the jackpots divided by the
number of different possible outcomes.
(l) “Ticket” means a representation of value stated on a coded paper instrument that
is redeemable for the equivalent value in cash only at the issuing casino and is issued by a
casino licensee for use in gaming.
(m) "Tilt condition" means a programmed error state for an EGD that occurs when
the EGD detects an internal error malfunction or attempted cheating. The EGD ceases
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processing further input, output, or display information other than that indicating the tilt
condition itself.
R 432.1108 Definitions; V to Z.
Rule 108. As used in these rules:
(a) "Value chip" means a chip that is clearly and permanently impressed,
engraved, or imprinted with the name of the casino and the specific value of
the chip.
(b) "Voting security" means a security that the holder is entitled to vote generally for
the election of a member or members of the board of directors or board of trustees of a
corporation or a comparable person or persons in the case of a partnership, trust, or
another form of business organization other than a corporation.
(c) "Wager" means an item that is representative of value risked on a gambling game
authorized under the act and these rules.
(d) “Wide-area progressive system” means a system of EGDs that is approved by
the board and is linked as part of a network connecting one or more casinos licensed by
the board and that has an aggregate prize or prizes.
R 432.1202 Severability.
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Rule 202. If a provision of a rule promulgated by the board or the application
of a rule to any person or circumstance, is held invalid by a court of competent
jurisdiction, then the provision or application shall not affect other provisions that can
be given effect without the invalid provision or application.
R 432.1204 Forms, fees, documents, papers, and other materials; manner and
form of submittal.
Rule 204. Unless otherwise permitted or required, a person shall submit all forms,
fees, documents, papers, and other materials to the board's principal office, in the manner
and form prescribed by the board.
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History: 1998-2000 AACS.
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may redeem chips or instruments of monetary value in the course of his or her
employment with a casino licensee.
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R 432.1214 Authority of executive director; authority.
Rule 214. The board delegates to its executive director all power and authority to act
in the name of the board with respect to all reasonable, necessary, and appropriate actions
to administer and carry out the administrative and executive functions of the board,
including, but not limited to, the power to do any of the following:
(a) Execute and enter into contracts on behalf of the board.
(b) Incur reasonable and necessary expenses in the name of the board in the manner
provided by law.
(c) Take and hold property on behalf of the board.
(d) Hire and fire employees of the board.
(e) Issue subpoenas for the attendance of witnesses.
(f) Administer oaths.
(g) Issue and renew temporary occupational and supplier licenses.
(h) Request and accept documents, plans, procedures, amendments to procedures,
and other information necessary for the board to carry out its duties under the act and
these rules.
(i) Conduct investigations, inspections, audits, share information with law
enforcement agencies and the city, and engage in other functions necessary to the proper
administration and enforcement of the act and these rules.
(j) Grant requests and waivers, answer inquiries, issue interpretations, and otherwise
take any action that is reasonably requested by applicants, licensees, and holders of
certificates of suitability in furtherance of, and consistent with, the efficient
administration and enforcement of the provisions of the act and these rules, as determined
to be necessary or appropriate by the executive director.
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(m) A written policy regarding the acceptance of gifts or gratuities by purchasing
and contracting personnel from suppliers of goods or services.
(n) Any other internal control procedure the board deems necessary to ensure
compliance with the act and these rules and prevent money laundering, kickbacks and
other unlawful or commercially unreasonable transactions.
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Rule 223. The board may, in writing, waive, restrict, or alter any requirement
or procedure set forth in these rules, if the board determines that the requirement or
procedure is impractical or burdensome, that the waiver, restriction, or alteration is in
the best interest of the public and the gaming industry, and that the waiver, restriction, or
alteration is not outside the technical requirements necessary to serve the purpose of
the requirement or procedure.
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History: 1998-2000 AACS.
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(f) Any other person whom the board determines is, or was in the past 4 years,
able to significantly affect, influence, or control any of the entities listed in
subdivisions (a) to (d) of this subrule by reason of business, financial, personal, or
social association or relationship.
(3) A licensee, applicant, or an affiliate, key person, or representative of a licensee,
applicant, or a casino enterprise shall not knowingly give, convey, transfer, or enter into
a contract to convey or transfer, a direct or indirect interest in the licensee, applicant, or
casino enterprise to a nonsupervisory employee of the board, any immediate family
member of a nonsupervisory employee of the board during his or her board
employment and for a period of 2 years after the date his or her board
employment terminates, or any other person whom the board determines is, or was in
the past 4 years, able to significantly affect, influence, or control a nonsupervisory
employee by reason of business, financial, personal, or social association or relationship.
(4) A licensee, applicant, or an affiliate, key person, or representative of a licensee,
applicant, a casino enterprise, or a labor organization registered by the board or
representative of the board shall not knowingly employ, or enter into a contract for
goods or services with, any of the following entities during his or her board or
casino-related state police employment and for a period of 2 years after the date that his
or her board or casino-related state police employment terminates:
(a) An employee of the Michigan state police gaming section.
(b) A nonsupervisory employee of the board.
(c) An immediate family member of either of the entities listed in subdivisions
(a) and (b) of this subrule.
(d) Any other person whom the board determines is, or was in the past 4 years,
able to significantly affect, influence, or control entities listed in subdivisions (a) and (b)
of this subrule by reason of business, financial, personal, or social association or
relationship.
(5) A person may not apply for or be granted a license under the act if any of the
following entities has any direct or indirect interest in the person and the person knows
of the interest:
(a) A current member of the board.
(b) The current executive director of the board.
(c) A board employee.
(d) An employee of the state police assigned to the state police gaming section.
(e) An employee of the attorney general assigned to the attorney general's casino
control division.
(f) An immediate family member of any of the entities listed in subdivisions
(a) to (e) of this subrule.
(g) Any other person whom the board determines is, or was in the past 4 years,
able to significantly affect, influence, or control the entities listed in subdivisions (a)
to (e) of this subrule by reason of business, financial, personal, or social association or
relationship.
(6) A person may not apply for or be granted a license under the act if any of the
following entities has a financial interest or a direct or indirect pecuniary or ownership
interest in the person and less than 4 years has passed since the date on which the
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board membership or employment of the former member, executive director, or
supervisory employee terminated and the person knows of the interest:
(a) A former member of the board.
(b) A former executive director or supervisory employee of the board.
(c) An immediate family member of any of the following entities listed in
subdivisions (a) and (b) of this subrule.
(d) Any other person whom the board determines is, or was in the past 4 years,
able to significantly affect, influence, or control the entities listed in subdivisions (a)
or (b) of this subrule by reason of business, financial, personal, or social association or
relationship.
(7) A person may not apply for or be granted a license under the act if any of the
following entities has a direct or indirect interest in the person and less than 2 years has
passed since the former employee's employment terminated and the person knows of
the interest:
(a) A former nonsupervisory employee of the board.
(b) A former state police employee formerly assigned to the state police gaming
section.
(c) A former employee of the attorney general formerly assigned to the attorney
general's casino control division.
(d) An immediate family member of any of the entities listed in subdivisions
(a) to (c) of this subrule.
(e) Any other person whom the board determines is, or was in the past 4 years,
able to significantly affect, influence, or control the entities listed in subdivisions (a)
to (c) of this subrule by reason of business, financial, personal, or social association or
relationship.
(8) A former member or employee of the board may appear before the board as a
fact witness about actions by the member or employee during his or her tenure as a
member or employee of the board. A licensee, applicant, or the board shall not
compensate a fact witness for his or her appearance other than a standard witness fee
and reimbursement for travel expenses as established by statute or court rule.
(9) A licensee, applicant, or an affiliate, key person, or representative of a licensee,
applicant, or a casino enterprise shall not knowingly employ, or enter into any contract
for goods or services with, a state, local, or federal law enforcement officer.
PART 3. LICENSES
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licensee acceptance of certain risks; claim of privilege as to testimony or evidence;
applicant and licensee duties.
Rule 301. (1) An application for a license under the act and these rules is a request
by the applicant seeking a revocable privilege. A license will be granted by the board if
the applicant meets the licensing requirements of the act and these rules.
(2) An applicant for a license under the act and these rules shall, at all times, have
the burden of demonstrating to the board, by clear and convincing evidence, that the
applicant is eligible, qualified, and suitable to be granted and retain the license for which
application is made under the applicable licensing standards and requirements of the act
and these rules.
(3) A license or certificate of suitability issued by the board under the act or these
rules is a revocable privilege granted by the board. A person who holds a license or
certificate of suitability does not acquire, and shall not be deemed to acquire, a vested
property right or other right, in the license or certificate.
(4) An applicant or licensee shall accept any risk of adverse publicity, public
notice, notoriety, embarrassment, criticism, financial loss, or other unfavorable or
harmful consequences that may occur in connection with, or as a result of, the
application and licensing process or the public disclosure of information submitted to
the board with a license application or at the board's request under the act and these
rules.
(5) An applicant or licensee may claim any privilege afforded by the
Constitution or laws of the United States or of the state of Michigan in refusing to
answer questions or provide information requested by the board. However, a claim of
privilege with respect to any testimony or evidence pertaining to the eligibility,
qualifications, or suitability of an applicant or licensee to be granted or hold a license
under the act and these rules may constitute cause for denial, suspension, revocation or
restriction of the license.
(6) An applicant and licensee shall have a continuing duty to do all of the
following:
(a) Notify the board of a material change in the information submitted in the
license application submitted by the applicant or licensee or a change in circumstance,
that may render the applicant or licensee ineligible, unqualified, or unsuitable to
hold the license under the licensing standards and requirements of the act and these rules.
(b) Maintain the applicant's or licensee's eligibility, qualifications, and suitability
to be issued and hold the license held or applied for under the act and these rules.
(c) Provide any information requested by the board relating to licensing or
regulation; cooperate with the board in investigations, hearings, and enforcement and
disciplinary actions; and comply with all conditions, restrictions, requirements,
orders, and rulings of the board in accordance with the act and these rules.
(7) An applicant, licensee or person required to be qualified as part of an
application for the issuance of, or a request for renewal of, a license shall authorize and
consent, in writing, that fingerprints provided to the board for purposes of
identification, qualification, licensing, or license renewal may be forwarded to the
Michigan state police and retained by the Michigan state police for any lawful
investigative and identification purposes, including, without limitation, background
investigation related to determining qualification and licensure. The Michigan state
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police shall retain and use fingerprints that it receives from the board for lawful
investigative and identification purposes.
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(2) The following nonrefundable license application fees shall be submitted to the
board, together with the required application form or forms, for the corresponding license
classification to which the fees relate:
(a) Casino license: $50,000.00.
(b) Supplier license: $2,500.00.
(c) Occupational license, level 1: $500.00.
(d) Occupational license, level 2: $100.00.
(e) Occupational license, level 3: $50.00.
The license application fee shall be used by the board to conduct an appropriate
background investigation of the applicant as prescribed by the board, the act, and these
rules. No portion of a remitted license application fee shall be refunded.
(3) An additional background investigation charge may be assessed to the extent that
the board's direct investigative cost exceeds the applicant's application fee. Unless
otherwise determined by the board, a license or certificate of suitability may not be issued
until payment of the additional assessed charge for completion of the background
investigation is received by the board.
(4) A licensee may also be assessed the board's direct investigative costs arising
from a background investigation for renewal of a license to the extent such costs exceed
the application fees. The board may deny a renewal application if the licensee does not
pay the assessed costs by a date set by the board.
(5) The following license fees shall be submitted to the board by the applicant or
licensee upon initial issuance of the license and for each subsequent renewal of the
license under the act and these rules:
(a) Casino license: $25,000.00.
(b) Supplier license: $5,000.00.
(c) Occupational license, level 1: $250.00.
(d) Occupational license, level 2: $100.00.
(e) Occupational license, level 3: $50.00.
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(ii) Type of business organization or entity.
(iii) An adverse change of more than 2 percentage points in capitalization or debt to
equity ratio.
(iv) Investors or debt holders, or both.
(v) The source of funds.
A publicly traded corporation is considered to have complied with this subdivision if
it has complied with the reporting requirements in R 432.1406.
(k) A casino license application may be withdrawn upon written notice to the board
before board action on the application if all background investigation costs of the board
have been paid in full by the applicant.
(l) If a casino license application is withdrawn, then the person who made the
application for the license may not reapply for a casino license within 1 year from the
date of withdrawal unless the board grants leave to reapply at an earlier date.
(m) The board may allow information, documents, or other materials submitted by
an applicant in a withdrawn application to be incorporated by reference into a subsequent
application.
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(d) The board shall provide the person applying for the license with not less than 2
weeks written notice of the public investigative hearing. The notice shall include all of
the following information:
(i) A statement of the date, hour, place, and nature of the hearing.
(ii) A statement of the legal authority and jurisdiction under which the hearing is to
be held.
(iii) A short and plain statement of the issues involved, and reference to the pertinent
sections of the act and rules involved.
(iv) A short description of the order and manner of presentation for the hearing.
(e) Not less than 2 weeks before the hearing, the board shall also post notice of the
public investigative hearing at its business offices in a prominent place that is open and
visible to the public.
(f) The board shall also publish reasonable notice of the public investigative hearing
in the 2 newspapers that have the largest circulation in the state and in other appropriate
newspapers in the state that are selected by the executive director.
(g) The board, 1 or more of its members, the executive director, or 1 or more hearing
officers designated and authorized by the board may conduct and preside over the public
investigative hearing regarding a casino license application and may do all of the
following:
(i) Administer oaths and affirmations.
(ii) Sign and issue subpoenas in the name of the board that require the attendance of
witnesses, the giving of testimony by witnesses, and the production of books, papers,
notes, records, and other documentary evidence.
(iii) Provide for the taking of testimony for the hearing by deposition.
(iv) Establish and regulate the order of presentation and course of the hearing, set
the time and place for continued hearings, and fix the time for filing written arguments,
legal briefs, and other legal documents.
(v) Accept and consider relevant written and oral stipulations of fact and law that are
made part of the hearing record.
(h) The chair may designate the executive director or 1 or more hearing officers to
conduct, or assist the board in the conduct of, the hearing, which may include preparation
of a proposal for the board's decision after all testimony and evidence has been presented
at the hearing.
(i) The person applying for the license shall be given a full opportunity during the
hearing to question and cross-examine witnesses presented by the board, to present all
relevant information to the board regarding its application and eligibility and suitability
for licensure, and to call witnesses to testify and provide information at the hearing for
and on the applicant's behalf. Upon request of the applicant, the board, the executive
director, or the board's designated hearing officer or officers shall issue subpoenas
requiring the appearance of witnesses whom the applicant intends to call to testify on its
behalf at the hearing and requiring the production of relevant notes, papers, memoranda,
records, documents, and other materials at the hearing for consideration by the board. The
applicant is responsible for serving the subpoenas.
(j) The members of the board, the board's designated hearing officer or officers, the
executive director, and the assistant attorney general assigned to assist the board in the
conduct of the hearing may do all of the following:
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(i) Question, through direct examination or cross-examination, or both, the applicant
and any witnesses called by the applicant regarding their testimony and any aspect of the
applicant's application and relevant background.
(ii) Recall the applicant and other witnesses called by the applicant during the
hearing for further questioning.
(iii) Subpoena other witnesses not called by the applicant to testify and present
evidence and information regarding the applicant's application and relevant background.
(k) The board, the executive director, or hearing officer presiding at the hearing
may, in the exercise of his or her discretion, grant the applicant an opportunity for
rebuttal of allegations raised during the hearing.
(l) After the person applying for the license has made its presentation in support of
its application and licensure, representatives of government entities and agencies and the
public at large shall have a reasonable opportunity during the hearing to give testimony
and comments relevant to the applicant and application and the issue of licensure. The
hearing notice shall state and give notice that opportunity for testimony and comment
will be provided during the hearing. The chair or other presiding officer shall announce at
the start of the hearing when and how testimony and comments may be presented during
the hearing.
(m) A person who testifies at the hearing shall be sworn and testify under oath.
(n) The board may continue the hearing for as long as it deems necessary and may
recess and reconvene the hearing at its discretion.
(o) The board shall record the public hearing, stenographically or by other means to
adequately ensure preservation of an accurate record of the hearing. A transcript prepared
by a certified reporter or stenographer hired by the board is the official record of the
public hearing.
(p) After all testimony and evidence has been presented, the board shall recess the
hearing. While the hearing is in recess, all of the following shall occur:
(i) The hearing record shall be transcribed and provided to the board, the executive
director, and the designated hearing officer or officers for review.
(ii) The chair shall prepare or direct 1 or more members of the board, the executive
director, or the designated hearing officer or officers who conducted or assisted the board
in the conduct of the hearing to prepare a written proposal for the board's decision after
reviewing the hearing record.
(iii) The proposal for decision shall contain a statement of the reasons for the
proposed decision and each finding of fact and conclusion of law necessary to the
proposed decision.
(iv) The written proposal for the board's decision shall be submitted to the board for
review and consideration and copies shall be served on the applicant and the city before
the board reconvenes the hearing to render its decision.
(v) If the proposal for the board's decision identifies an apparent deficiency that may
require denial of the application, then the board shall provide the applicant with a
reasonable period of time, as determined by the board, to correct the apparent deficiency
before reconvening the hearing to deliberate and render its decision.
(vi) If the proposal for the board's decision is adverse to the applicant, then the board
shall give the applicant a reasonable opportunity to file exceptions and written argument
with the board objecting to the proposal for decision.
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(q) The board shall reconvene the hearing, without undue delay, after the
requirements specified in subdivision (p) of this rule have been completed, to deliberate
and render its final decision on the application. If the proposal for the board's decision is
adverse to the applicant, then the board may permit oral argument in support of and in
opposition to the proposal for decision when the hearing is reconvened. Four members
shall be present when the hearing is reconvened to constitute a quorum, and 3 votes are
required to support the board's final decision. The board may accept, modify, or reject the
written proposal for the board's decision in deciding and rendering its final decision on
the application.
(r) In deciding whether to grant or deny an applicant's casino license application, the
board shall consider and determine whether the application complies with the
requirements of the act and these rules and whether the applicant and other persons
affiliated with, or otherwise associated with, the applicant as an investor, owner, key
person, or managerial employee are eligible, qualified, and suitable for licensure under
the licensing standards and criteria set forth in the act and these rules relating to all of the
following:
(i) Character.
(ii) Reputation.
(iii) Integrity.
(iv) Business probity, experience, and ability.
(v) Financial ability and responsibility.
(vi) Other relevant licensing requirements, standards, and criteria provided in the act
and these rules.
(s) The decision of the board shall be reduced to writing and signed by the board
members who voted in support of the decision.
(t) If the board finds that the casino license applicant is eligible, qualified, and
suitable for licensure under the act and these rules, then it shall direct the executive
director to serve the applicant and the city with a copy of its decision and to issue a
certificate of suitability to the applicant. The certificate entitles the applicant to be
granted a casino license by the board when it determines, to its satisfaction, that the
applicant is prepared and able to open its proposed casino to the public and conduct its
casino gambling operation in compliance with specified conditions and requirements set
forth in the certificate of suitability and the requirements of the act and these rules. The
public investigative hearing shall be reconvened at a later time for the purpose of
determining whether the applicant is prepared and able to open its proposed casino to the
public and conduct its casino gambling operation in compliance with specified conditions
and requirements set forth in the certificate of suitability and the requirements of the act
and these rules.
(u) If the board finds that the applicant is not eligible, qualified, and suitable for
licensure under the act and these rules, then it shall direct the executive director to issue
and serve a notice of denial and a copy of the board's written decision on the applicant
and the city by certified mail or personal delivery.
(v) An applicant may appeal the denial of a casino license to the court of appeals as
provided in the act.
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R 432.1308 Certificate of suitability.
Rule 308. (1) The certificate of suitability is valid while the holder is making
satisfactory progress toward meeting the conditions of the certificate of suitability.
(2) If the board receives a written report from the executive director that the holder
of a certificate of suitability is not making reasonable progress toward meeting the
conditions of its certificate of suitability, then the board shall reconvene the public
investigative hearing for the purpose of considering the applicant's compliance with the
conditions of its certificate of suitability.
(3) If, upon reconvening the public investigative hearing, the board finds that the
holder of a certificate of suitability is not making, or has not made, reasonable progress
toward meeting the conditions of its certificate of suitability, then the board may take
whatever action is necessary to assure compliance or may cancel and withdraw the
certificate of suitability and make a final decision on the application.
(4) The board shall not issue a casino license to the holder of a certificate of
suitability until the board finds that the holder is prepared and able to open to the public
and conduct its casino gambling operation in compliance with the conditions and
requirements of the certificate of suitability, the act, and these rules.
(5) In deciding whether a casino license shall be issued to the holder of a certificate
of suitability, the board shall assess the proposed gambling operation to determine its
compliance with the conditions and requirements of its certificate, the act, and these
rules. All of the following matters shall be assessed by the board:
(a) The managerial structure for gambling operations and casino operations and the
managerial experience, ability, skills, and qualifications of key persons and other
managerial employees of the gambling and casino operations.
(b) The casino floor plan and related plans and activity regarding equipment
installation, operation, and maintenance.
(c) Handicap access.
(d) Support facilities.
(e) The applicant's internal control system and casino accounting policies and
procedures.
(f) The applicant's security operations and required casino critical computerized
systems.
(g) The applicant's staff training, qualifications, ability, and supervision.
(h) The applicant's liability insurance and other required insurances.
(i) Casino enterprises and related casino operations.
(j) The applicant's construction progress and compliance with its proposed
construction schedule.
(k) Other matters pertaining to the operations and procedures of the gambling and
casino operations as the board may require at the time the certificate of suitability is
issued, if the casino licensee is given notice and an opportunity to address any board
concerns regarding the matters.
(6) The board may establish a schedule setting a timetable for satisfactory
compliance concerning all operations and facilities to be assessed and all other conditions
and requirements of the certificate of suitability, the act, and these rules.
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(7) During the interim compliance period, while the certificate of suitability is in
effect, the holder shall do all of the following:
(a) Apply for and receive the appropriate liquor license from the Michigan liquor
control commission if the holder plans to serve alcoholic beverages or liquor in
connection with its gambling operation or related casino enterprises.
(b) Apply for and receive all permits, certificates, and approvals for the casino and
related casino enterprises and support facilities necessary to develop, construct, open to
the public, and conduct casino and gambling operations in accordance with the act, these
rules, and conditions of the certificate of suitability, including, but not limited to, all of
the following:
(i) Fire marshal permits.
(ii) Public health permits.
(iii) Building permits.
(iv) Zoning permits.
(c) Obtain ownership or use of necessary land for the site of the casino and related
casino enterprises.
(d) Obtain the financing necessary to complete development and construction of the
casino and related casino enterprises and conduct casino and gambling operations.
(e) Complete, in a timely manner, construction of the proposed casino and related
casino enterprises, infrastructure, and other support facilities, including parking areas,
roadways, and walkways, in accordance with the applicant's development agreement with
the city and the proposed construction schedule and timetables established by the board.
(f) Post the required bond in compliance with section 8a of the act, MCL 432.208a,
and these rules.
(g) Obtain all insurance deemed necessary and required by the board.
(h) Obtain and install all necessary EGDs and gaming equipment to conduct the
casino gambling operation.
(i) Hire and train qualified staff to conduct all aspects of the casino and gambling
operations and related support operations.
(j) Take other action the board deems necessary to ensure that the holder of the
certificate of suitability will be prepared and able to open to the public and conduct its
casino and gambling operations in compliance with the conditions and requirements of its
certificate of suitability, its development agreement, the act, and these rules.
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Rule 312. (1) A casino license may be issued for a 1-year period and may be
renewed annually.
(2) A casino licensee intending to renew its license must, at least 30 days before
expiration of its license, submit the $25,000.00 annual license renewal fee and annual
report in the manner and form required by the board.
(3) After the background investigation is completed, the executive director must
provide the board with a written report concerning the investigation. After receiving the
executive director’s report, the board shall take action on the renewal application.
(4) If the board denies the application for renewal, it will direct the executive
director to issue the licensee a notice of nonrenewal.
(5) A casino licensee who is served with a notice of nonrenewal under this rule may
request a hearing under part 7 of these rules.
(6) Unless specifically stated to the contrary, the notice of nonrenewal does not
constitute a finding by the board that the casino licensee is ineligible, unqualified, or
unsuitable for licensure or otherwise in violation of the licensing requirements of the act
or these rules, unless the licensee fails to request a hearing under these rules in a timely
manner.
(7) If the licensee does not request a hearing in a timely manner, the notice of
nonrenewal becomes the final order of the board.
(8) If the licensee files an annual renewal report and pays the annual license renewal
fee in a timely manner and in the manner and form prescribed by the board, then the
licensee's previous existing casino license does not expire until the board issues its final
decision and order on the request for renewal.
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required notification shall include, without limitation, the name, business address, phone
number, and other personal identification information for each person or individual.
(2) If a publicly traded casino license applicant or licensee, publicly traded holding
company, or a casino license applicant or licensee either files or is served with any
schedule 13D or 13G, or form 13F under the securities exchange act of 1934, 15 USC
78a to 78qq, 17 CFR 240.13d-101 to -102, and 240.13f-1, as amended, it must submit a
copy of the filing to the board within 14 days after receipt or filing.
(3) A publicly traded corporation is considered to have complied with this rule if it
has complied with the reporting requirements in R 432.1406.
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History: 1998-2000 AACS.
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(c) The person or field will provide goods or services of insubstantial or
insignificant amounts or quantities.
(d) Licensing of the person or field is not deemed necessary to protect the public
interest or accomplish the policies and purposes of the act.
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criteria, and requirements set forth in section 7a of the act, MCL 432.207a, and these
rules.
(b) The financial stability and responsibility of the applicant.
(c) The applicant, if an individual, and all other individuals required to be qualified
as part of the application are not less than 21 years of age.
(d) The applicant and all other persons required to be qualified as part of the
application demonstrate a level of skill, experience, knowledge, and ability necessary to
supply the equipment, goods, or services that the applicant seeks permission to provide to
casino licensees and holders of certificates of suitability in compliance with the act and
these rules.
(e) The applicant and all other persons required to be qualified as part of the
application have not been convicted of any criminal offense involving gaming, theft,
dishonesty, or fraud in any jurisdiction.
(f) The applicant and all other persons required to be qualified as part of the
application do not appear on the exclusion list of any jurisdiction.
(g) The applicant and all other persons required to be qualified as part of the
application are in substantial compliance with all local, state, and federal tax laws.
(h) The applicant has adequate liability and casualty insurance.
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Rule 331. (1) Each casino licensee, supplier licensee, and person with an
exemption from the supplier-licensing requirements must ensure that an individual it
employs whose work duties are related to or involved in the gambling operation or are
performed in a restricted area of a casino or in the gaming area of a casino licensed under
the act holds an occupational license of the level required for the individual's position
before the individual performs any of the duties of his or her position. To the same extent
required for its own employees, each casino licensee must also ensure that employees of
supplier licensees and persons with an exemption from the supplier-licensing
requirements comply with the occupational-licensing requirements.
(2) This rule applies to both full-time and part-time employees.
(3) The 3 different classes of occupational licenses that an employee may hold are as
follows:
(a) Occupational license, level 1, the highest level of occupational license.
(b) Occupational license, level 2.
(c) Occupational license, level 3.
(4) An occupational licensee may perform any work duties or activities permitted for
the level of occupational license the licensee holds and any work duties or activities
permitted for any lower level of occupational license.
(5) The board may not process an application for an occupational license unless the
application includes a written statement from an applicant for or holder of a casino or
supplier license or a person with an exemption from the supplier-licensing requirements
that the applicant has been or will be hired upon receiving the appropriate occupational
license for which application is made.
(6) The board may exempt a person from the occupational-licensing requirements of
these rules if the board determines that the person is regulated by another governmental
agency or that licensing is not deemed necessary to protect the public interest or
accomplish the policies and purposes of the act.
(7) Despite job title designation, the board may determine occupational licensing
level based on the employee’s authority to develop or administer policy or long-range
plans or to make discretionary decisions regulating gambling operations or management
of a casino enterprise. This determination will be based in part on the employer’s
organizational chart and job descriptions throughout its chain of command.
History: 1998-2000 AACS; 2019 MR 9, Eff. May 17, 2019.
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(o) Develops marketing programs to promote casino gaming including, without
limitation, coupon redemption and other complimentary distribution programs.
(p) Distributes, redeems, accounts for, or inventories coupons that are considered in
the calculation of gross revenue.
(q) Processes or maintains information on credit applications or the redemption of
counter checks.
(r) Processes coins, currency, gaming chips, gaming plaques, or cash equivalents.
(s) Repairs or maintains the closed circuit television system equipment that is
required by these rules.
(t) Is being trained to become a surveillance employee.
(u) Provides physical security in a casino, casino simulcasting facility, or restricted
casino area.
(v) Controls and maintains the slot machine inventory, including replacement parts,
equipment, and tools used to maintain slot machines.
(w) Performs as the secretary to the supervisor of the surveillance department,
internal audit department, casino accounting department, or credit department.
(x) Repairs gaming equipment other than slot machines.
(y) Performs responsibilities associated with the installation, maintenance, or
operation of computer hardware for casino computer systems.
(z) Supervises a person required to hold an occupational license.
(aa) An employee of a casino gambling operation whom the board deems necessary
to be licensed to ensure compliance with the act and these rules and to protect the public
and ensure the credibility and integrity of gaming in the state.
R 432.1336 Rescinded.
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R 432.1339 Requirements for occupational license.
Rule 339. (1) Upon granting the application for an occupational license and payment
of the appropriate licensing fee, the executive director will issue an occupational license
for the applicant.
(2) The casino licensee, supplier licensee, or person with an exemption from the
supplier-licensing requirements will initially receive the occupational licenses for the
respective occupational licensees it employs. Each occupational licensee must obtain his
or her occupational license from his or her employer.
(3) The occupational license remains the property of the board at all times. The
occupational license may be revoked, suspended, or restricted by the board. The board
may refuse to renew the license when it is reviewed under these rules.
(4) The occupational license is not transferable to another person.
(5) An occupational licensee must wear and clearly display the license during work
hours.
(6) A licensee must pay a fee of $10.00 to the board for any replacement of an
occupational license.
(7) If an occupational licensee becomes employed by a different casino licensee,
then the occupational licensee must request a replacement license from the board.
R 432.1401 Applicability.
Rule 401.(1) This part applies to a publicly traded corporation applying for or
holding a casino license in Michigan and to persons applying for or holding a casino
license in Michigan that are owned, directly or indirectly, by a publicly traded
corporation, whether through a subsidiary or intermediary company of a publicly
traded corporation, if the ownership interest is, directly or indirectly, or will be upon
approval by the board, more than 5% of the person applying for or holding the casino
license.
(2) This part also applies to persons, other than publicly traded corporations,
that apply for or hold a casino license in Michigan or have or will have, upon approval of
the board, more than a 5% ownership interest in a person that has applied for or holds a
casino license in Michigan and makes a public offering of its debt securities.
(3) If the board determines that a publicly traded corporation, a subsidiary, an
intermediary company, a holding company of a publicly traded corporation, or other
person has the actual ability to exercise influence over a person applying for or
holding a casino license in Michigan, regardless of the percentage of ownership
possessed by the publicly traded corporation, subsidiary, intermediary company,
holding company of a publicly traded corporation, or other person, the board may
require that person to comply with this part.
(4) This part shall not apply to an institutional investor unless it has more than a
15% interest in a person applying for or holding a casino license or does not meet the
standards of section 6c(1) of the act for waiver of the eligibility and suitability
requirements for qualification or licensure under the act or these rules.
History: 1998-2000 AACS; 2008 AACS; 2019 MR 9, Eff. May 17, 2019.
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History: 1998-2000 AACS; 2008 AACS.
History: 1998-2000 AACS; 2008 AACS; 2019 MR 9, Eff. May 17, 2019.
History: 1998-2000 AACS; 2008 AACS; 2019 MR 9, Eff. May 17, 2019.
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(1) The [corporation] [partnership] [limited liability company] shall cease to be
subject to the jurisdiction of the board.
(2) The board shall, by affirmative action, validate said issuance or waive any defect
in issuance.
(b) No voting securities or other voting interests issued by the [corporation]
[partnership] [limited liability company] and no interest, claim, or charge of more than
five percent (5%) therein or thereto shall be transferred in any manner whatsoever
except in accordance with the provisions of the act and rules promulgated thereunder.
Any transfer in violation thereof shall be void until one (1) of the following occurs:
(1) The [corporation] [partnership] [limited liability company] shall cease to be
subject to the jurisdiction of the board.
(2) The board shall, by affirmative action, validate said transfer or waive any defect
in said transfer.
(c) If the board at any time determines that a holder of voting securities or other
voting interests of this [corporation] [partnership] [limited liability company] shall be
denied the application for transfer, then the issuer of such voting securities or other
voting interests may, within thirty (30) days after the denial, purchase such voting
securities or other voting interests of such denied applicant at the lesser of:
(1) the market price of the ownership interest; or
(2) the price at which the applicant purchased the ownership interest; unless such
voting securities or other voting interests are transferred to a suitable person (as
determined by the board) within thirty (30) days after the denial of the application for
transfer of ownership.
(d) Until such voting securities or other voting interests are owned by persons
found by the board to be suitable to own them, the following restrictions must be
followed:
(1) The [corporation] [partnership] [limited liability company] shall not be required
or permitted to pay any dividend or interest with regard to the voting securities or other
voting interests.
(2) The holder of such voting securities or other voting interests shall not be entitled
to vote on any matter as the holder of the voting securities or other voting interests, and
such voting securities or other voting interests shall not for any purposes be included in
the voting securities or other voting interests of the [corporation] [partnership]
[limited liability company] entitled to vote.
(3) The [corporation] [partnership] [limited liability company] shall not pay any
remuneration in any form to the holder of the voting securities or other voting interests
as provided in this paragraph."
(2) A person covered by this part that applies for a casino license must be in
compliance with subrule (1) of this rule before the board issues the person a license.
(3) A person who applies for or holds a casino license must submit charter
provisions similar to the provisions in subrule (1) of this rule to the board not less than 30
days before the public offering for approval. The board shall notify the person, in
writing, that the charter provisions are acceptable.
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PART 5. TRANSFER OF OWNERSHIP
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additional information, and may be subject to a finding of suitability, as required by the
board.
(2) An institutional investor who acquires and holds a less than 15% interest in a
person that has applied for or holds a casino license or supplier license in this state may
apply to the board for a waiver of the eligibility and suitability requirements of the act.
The licensee in whom the institutional investor acquires the interest must file an
application for approval of the transfer within 30 days after the transfer. Within the same
time period, the institutional investor must file either an application for a waiver or
application and disclosure forms for qualification as part of the relevant licensee’s
license.
(3) Unless otherwise provided by the board, an application for a waiver shall include
all of the following information:
(a) A description of the institutional investor's business and a statement as to why
the institutional investor is within the definition of institutional investor.
(b) A certification made under oath and subject to the penalty of perjury that the
interest was acquired, and is being held, for investment purposes only and was acquired,
and is being held, in the ordinary course of business as an institutional investor and not
for the purpose of causing, directly or indirectly, the election of a majority of the board of
directors or any change in the corporate charter, bylaws, management, policies, or
operations of the person in which the institutional investor has acquired the interest. The
signatory shall also certify that it is not its current intention to influence or affect the
affairs of the person in which it has acquired the interest. In addition, the signatory shall
explain the basis of his or her authority to sign the certification and to bind the
institutional investor to its terms. The certification shall also provide that the institutional
investor agrees to be bound by, and comply with, the act and this part, is subject to the
jurisdiction of the courts of Michigan, and consents to this state as the choice of forum if
a dispute, question, or controversy arises regarding the application of this rule.
(c) The name, address, telephone number, and social security number of the officers
and directors, or their equivalent, of the institutional investor as well as those persons
who have direct control over the institutional investor's holdings of voting securities of
the person in which the institutional investor has acquired the interest.
(d) The name, address, telephone number, and social security number or federal tax
identification number of each person who has the power to direct or control the
institutional investor's exercise of its voting rights as a holder of voting securities of the
person in which it has acquired the interest.
(e) The name of each person who beneficially owns greater than 5% of the
institutional investor's voting securities or other equivalent.
(f) To the extent known by the institutional investor, a list of the institutional
investor's affiliates that have greater than a 5% interest in the institutional investor.
(g) A list of all equity securities of the person in which the institutional investor has
acquired an interest subject to this part that are or were, directly or indirectly, beneficially
owned by the institutional investor or its affiliates within the preceding 1-year period.
This list shall set forth a description of the securities, the amount of the securities, and the
date of the acquisition or sale, or both.
(h) A list of all regulatory agencies with which the institutional investor or any of its
affiliates that beneficially own equity securities of the person in which it has acquired an
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interest subject to this part files periodic reports, and the name, address, and telephone
number of the person, if known, to contact at each agency regarding the institutional
investor.
(i) To the extent known, a disclosure of all criminal sanctions imposed against the
institutional investor, its affiliates, and any of its current or former officers or directors
during the preceding 10 years. A disclosure of all regulatory sanctions imposed during
the preceding 10 years and of any administrative or court proceedings filed against the
institutional investor, its affiliates, or any of its current officers or directors in the
preceding 5 years, or any former officer or director whose tenure ended within the
preceding 12 months.
(j) A copy of any filing made under 15 USC 18a with respect to the acquisition or
proposed acquisition of securities of the person in which it has acquired the interest
subject to this part.
(k) Any additional information the board may request to ensure compliance with the
act and these rules.
(4) The board may require that any person, including an institutional investor,
seeking approval to hold ownership interests subject to this part apply for a finding of
suitability in accordance with this rule if the board deems the finding of suitability
necessary to ensure compliance with the act and these rules. If the board denies a request
for an institutional investor waiver, the institutional investor must, within 30 days, either
divest itself of the interest or file application and disclosure forms for qualification as part
of the relevant licensee’s license.
(5) The following activities are deemed to be consistent with holding equity
securities for investment purposes only under this rule:
(a) Voting, directly or indirectly, through the delivery of a proxy furnished by the
board of directors, on all matters voted on by the holders of the voting securities.
(b) Serving as a member of a committee of creditors or security holders formed in
connection with a debt restructuring.
(c) Nominating a candidate for election or appointment to the board of directors in
connection with a debt restructuring.
(d) Accepting appointment or election as a member of the board of directors in
connection with a debt restructuring and serving in that capacity until the conclusion of
the member's term.
(e) Making financial and other inquiries of management of the type normally made
by securities analysts for information purposes and not to cause a change in its
management, policies, or operations.
(f) Other activities that the board determines to be consistent with the investment
intent.
(6) A person created under the laws of a foreign country who acquires an interest of
greater than 5% in a publicly traded corporation that has applied for or holds a casino
license or supplier license or greater than 1% in a nonpublicly traded person that has
applied for or holds a casino license or supplier license, shall file reports as the board
may prescribe and is subject to a finding of suitability under the act.
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R 432.1505 Denials; request for hearing.
Rule 505. (1) If the board denies an application for transfer of an ownership
interest covered by this part, then it shall issue a notice of denial to the applicant for
qualification to acquire and hold the ownership interest.
(2) A person applying for qualification to acquire and hold an ownership interest
subject to this part who is served with a notice of denial under this rule may request a
hearing.
(3) If the person applying for qualification to acquire and hold an ownership
interest subject to this part does not request a hearing, then the notice of denial becomes
the final order of the board.
(4) Unless specifically stated to the contrary, a notice of denial of an application
for qualification to acquire and hold an ownership interest under this rule shall not
constitute a finding that the applicant is not suitable for licensure.
R 432.1506 Rescinded.
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R 432.1508 Debt acquisition generally.
Rule 508. (1) A person that has applied for or holds a casino license in this state, or a
holding company or affiliate that has control of a person that has applied for or holds a
casino license in this state, may enter into debt transactions affecting the capitalization or
financial viability of its Michigan gambling operation or casino operation only in
accordance with the act and these rules.
(2) A person that has applied for or holds a casino license in this state, or another
person that has control of a person that has applied for or holds a casino license in this
state, shall stamp or otherwise mark its debt transaction documents that it submits to the
board with the word "confidential," if the material submitted is not subject to disclosure.
The person shall, at the request of the executive director or the board, provide a
justification explaining the confidential nature of the documents. The board may
determine that the information marked "confidential" is subject to disclosure.
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History: 1998-2000 AACS.
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(d) A recommendation as to whether the exclusion or ejection shall be
permanent.
The notice shall also inform the person of the availability of a hearing before the
board.
(2)A request for a hearing shall be made within 21 days from the date the notice of
exclusion was served.
(3) If a person is excluded or ejected from a casino, then the person is prohibited
from further entering a casino until a determination is made by the board on the merits
of a filed notice of exclusion or a requested hearing. If a determination by the board
is appealed, then the exclusion shall continue until the judicial review is completed
unless otherwise ordered by the court.
(4) If the board or a subsequent judicial review finds in favor of a subject for
exclusion or an excluded person, then the subject's name or excluded person's name
shall be removed from the exclusion list and the subject's or excluded person's
exclusion shall be terminated as of the date of the action by the board or the court. If
the finding is against the subject for exclusion or the excluded person, then the
subject's name or excluded person's name shall remain on the exclusion list. If a
hearing is not requested, then the subject's name or excluded person's name shall remain
on the exclusion list.
(5) If the notice of exclusion provides for a temporary exclusion, then the executive
director shall set the term of the temporary exclusion. In making this time
determination, the executive director may consider the recommendation of the
board staff. A temporary exclusion shall not be less than 6 months. A temporary
exclusion or ejection shall only apply to a person excluded or ejected for criteria
related to conduct. All other exclusions or ejections shall be permanent.
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(2) The petitioner must submit an original of any hearing request, pleading, or other
written document to the board’s principal location and must serve each party or attorney
of record and provide a proof of service on each party or attorney of record.
R 432.1704 Rescinded.
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History: 1998-2000 AACS; 2019 MR 9, Eff. May 17, 2019.
R 432.1707 Continuance.
Rule 707. (1) A motion to continue a hearing shall be made not less than 10 days
before the hearing date, unless the requesting party can show good cause otherwise.
(2) A continuance may be granted by the hearing officer upon a showing of good
cause.
(3) The hearing officer may order a continuance of a hearing on the hearing officer's
own initiative.
R 432.1708 Proceedings.
Rule 708. (1) The burden of proof is at all times on the petitioner. The petitioner
shall have the affirmative responsibility of establishing, by clear and convincing
evidence, any of the following:
(a) The petitioner should have been awarded a license.
(b) The license should have been renewed.
(c) The transfer of ownership should have been approved.
(d) The petitioner should not have been placed on the exclusion list.
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(e) Approval should have been granted.
(2) Testimony shall be given under oath or affirmation. The hearing officer or
recorder shall be authorized to administer oaths.
(3) All parties may present an opening statement on the merits. The petitioner
proceeds first. An adverse party may reserve an opening statement for a later time. The
hearing officer may determine the length of time each party is permitted for the
presentation of an opening statement.
(4) The petitioner shall then present the petitioner's case-in-chief.
(5) Upon conclusion of the petitioner's case-in-chief, an adverse party may move for
a directed finding. The hearing officer may hear arguments on the motion or may grant,
deny, or reserve any decision on the arguments on the motion, with or without
argument.
(6) If a motion for a directed finding is not made, or if a motion is denied or a
decision on a motion for a directed finding is reserved, then the adverse party may
present its case.
(7) Each party may conduct cross-examination of adverse witnesses.
(8) Upon conclusion of the adverse party's case, the petitioner may present evidence
in rebuttal.
(9) The hearing officer may ask questions of the witnesses and may request or allow
additional evidence at any time, including additional rebuttal evidence.
(10) Both parties may present closing argument. The petitioner proceeds first,
then the adverse party. After closing argument, the petitioner may present rebuttal
argument. The hearing officer may determine the length of time each party is permitted
for the presentation of closing argument.
(11) The hearing officer may require or allow the parties to submit post-hearing
briefs, proposed findings of fact, and conclusions of law within 10 days of the conclusion
of the hearing or within another time period the hearing officer orders.
R 432.1709 Evidence.
Rule 709. (1) The hearing shall be conducted in accordance with Act No. 306 of
the Public Acts of 1969, as amended, being § 24.201 et seq. of the Michigan Compiled
Laws, and known as the Michigan administrative procedures act, except as otherwise
provided in these rules or the act.
(2) The parties shall, to the fullest extent possible, stipulate all matters that are
not or should not be in dispute.
(3) The parties may make objections to evidentiary offers. When an objection
is made, the hearing officer may receive the disputed evidence subject to a ruling at a
later time.
(4) The hearing officer may take official notice of any generally accepted
information or technical or scientific matter within the field of gaming and any other fact
that may be judicially noticed by the courts of Michigan. The parties shall be informed
of any information, matters, or facts officially noticed and shall be given reasonable
opportunity to refute the evidence.
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(5) The parties may call witnesses subject to the discretion of the hearing officer and
in accordance with Act No. 306 of the Public Acts of 1969, as amended, being §
24.201 et seq. of the Michigan Compiled Laws, and known as the Michigan
administrative procedures act. A former member of the board or former employee of the
board may appear to testify before the board as a fact witness about actions by the
member or employee during his or her tenure as a member or employee with the board.
A licensee, applicant, or the board shall not compensate a fact witness for his or her
appearance other than a standard witness fee and reimbursement for travelexpenses as
established by statute or court rule.
R 432.1713 Rescinded.
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R 432.1804 Floor plans.
Rule 804. (1) A casino licensee or casino license applicant shall submit a floor plan
or floor plans outlining each floor of the casino and the location, number, or position of
each EGD and live gaming device. A licensee or license applicant shall submit the floor
plan or floor plans to the board not less than 30 days before the commencement of
gambling operations.
(2) A casino licensee must submit to the board material changes in a casino floor
plan in the manner and form prescribed by the board before implementing the change.
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(4) If the board determines, at any time, that approved rules of the game are not
adequate to ensure compliance with the act and these rules or the integrity of the
game, then the board may direct the casino licensee, in writing, to amend its rules of the
game.
R 432.1809 Publication of rules and payout ratio for live gaming devices.
Rule 809. A casino licensee shall, on request, provide, in printed form, the rules
for each live game played in the casino. A casino licensee shall make payment in strict
accordance with the rules of the game approved by the board. A casino licensee shall
make payment in accordance with the odds established by the rules of the game approved
by the board.
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History: 1998-2000 AACS.
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(2) Nothing in these rules prohibits using electronic progressive or bonusing
equipment in conjunction with play on a live gaming device.
(3) Nothing in these rules prohibits using electronic equipment to monitor or assist
in the conduct of a live game.
History: 1998-2000 AACS; 2008 AACS; 2019 MR 9, Eff. May 17, 2019.
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History: 1998-2000 AACS.
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(3) A casino licensee shall store the micrometer or other approved instrument,
the balancing caliper, and the steel set square and magnet in a secure place that is not
accessible by the public.
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R 432.1822 Chip specifications.
Rule 822. (1) All of the following specifications apply to value chips:
(a) A chip issued by a casino licensee shall be round in shape and have the name of
the casino and the specific value of the chip clearly and permanently impressed,
engraved, or imprinted on the chip, except that a casino licensee may issue gaming chips
without a value impressed, engraved, or imprinted on the chip for roulette. A chip that
has a value contained on the chip shall be known as a "value chip" and a chip that does
not have a value contained on the chip shall be known as a "nonvalue chip."
(b) A value chip may be issued by the casino licensee in denominations of 25 cents,
50 cents, $1.00, $2.50, $5.00, $20.00, $25.00, $100.00, $500.00, $1,000.00, $5,000.00,
and $25,000.00. The casino licensee shall have discretion to determine the denominations
to be utilized in its casino and the amount of each denomination for the conduct of casino
gaming operations.
(c) Each denomination of value chip shall have a primary color different from every
other denomination of value chip. Value chips shall fall within the colors set forth in this
subdivision when the chips are viewed both in daylight and under incandescent light. In
conjunction with the primary colors, each casino licensee shall utilize contrasting
secondary colors for the edge spots on each denomination of value chip. Unless otherwise
approved by the executive director, a casino licensee shall not use a secondary color on a
specific denomination of chip identical to the secondary color used by another casino
licensee on the same denomination of the value chip. The primary color that a casino
licensee shall utilize for each denomination of value chip is as follows:
(i) 25 cents “Peach.”
(ii) 50 cents "Mustard yellow."
(iii) $1.00 "White."
(iv) $2.50 "Pink."
(v) $5.00 "Red."
(vi) $20.00 "Yellow."
(vii) $25.00 "Green."
(viii) $100.00 "Black."
(ix) $500.00 "Purple."
(x) $1,000.00 "Fire orange."
(xi) $5,000.00 "Gray."
(xii) $ 25,000.00 “Watermelon.”
(d) Each denomination of value chip utilized by a casino licensee shall, unless
otherwise authorized by the board, be in compliance with all of the following
specifications:
(i) Have a center portion containing the value of the chip and the casino issuing it of
a different shape from each other denomination.
(ii) Be designed so that the specific denomination of the chip can be determined on
closed circuit black and white television when placed in a stack of chips of other
denominations.
(iii) Be designed, manufactured, and constructed so as to prevent, to the greatest
extent possible, the counterfeiting of the chips or each chip shall have an embedded
microchip identifying the issue and denomination of the chip.
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(e) The board may approve a value chip in denominations that deviate from the
requirements of this rule if deviation is specifically identified by the casino licensee and
if the deviation does not affect the control, security, or integrity of the chips or the
operation of the games.
(2) All of the following provisions apply to nonvalue chips:
(a) Each nonvalue chip utilized by a casino shall be issued solely for the purpose of
gaming at roulette. Nonvalue chips at each roulette table shall be in compliance with all
of the following requirements:
(i) Have the name of the casino issuing it impressed, engraved, or imprinted into its
center.
(ii) Contain a design, insert, or symbol differentiating it from the nonvalue chips
being used at every other roulette table in the casino.
(iii) Have the word "roulette" impressed on it.
(iv) Be designed, manufactured, and constructed so as to prevent, to the greatest
extent possible, the counterfeiting of the chips.
(b) Nonvalue chips issued at a roulette table shall only be used for gaming at that
table and shall not be used for gaming at any other table in the casino.
A casino licensee or its employees shall not allow a casino patron to remove nonvalue
chips permanently from the table from which the chips were issued.
(c) An individual at a roulette table shall not be issued or permitted to wager with
nonvalue chips that are identical in color and design to value chips or to nonvalue chips
being used by another individual at the same table. When a patron purchases nonvalue
chips, a nonvalue chip of the same color shall be placed in a slot or receptacle attached to
the outer rim of the roulette wheel. At that time, a marker button denoting the value of a
stack of 20 chips of that color shall be placed in the slot or receptacle.
(d) Nonvalue chips shall only be presented for redemption at the table from which
they were issued and shall not be redeemed or exchanged at any other location in the
casino gaming operation. When presented for redemption, the dealer at the table shall
exchange the chips for an equivalent amount of value chips, which may then be used by
the patron in gaming or redeemed in the manner provided for value chips.
(e) A casino licensee shall have the discretion to permit, limit, or prohibit the use of
value chips in gaming in roulette. However, a casino licensee must keep an accurate
account of the wagers being made at roulette with value chips so that the wagers made by
one player are not confused with wagers made by another player at the table.
R 432.1824 Rescinded.
R 432.1825 Rescinded.
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chips and receive from the casino licensee the equivalent amount in cash or check dated
the day of the redemption.
R 432.1829 Rescinded.
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R 432.1833 Submission of internal controls for complimentary chip distribution
program.
Rule 833. (1) The submission of the internal control procedures concerning a
complimentary chip distribution program shall be conducted as follows:
(a) A casino licensee shall submit internal control procedures to the board not less
than 30 days before the proposed initiation of the program. The internal control
procedures shall include, at a minimum, all of the following information:
(i) The casino departments that will be responsible for administering the
complimentary chip distribution program.
(ii) The security measures that will be taken with respect to the coupons, including,
but not limited to, all of the following information:
(A) The manner in which the coupons will be ordered.
(B) The manner in which the coupons will be inventoried upon receipt by the casino
licensee.
(C) The manner in which the coupons will be stored and the individuals who will
have access to the coupons.
(D) The manner in which discrepancies will be handled.
(E) The manner in which coupons will be voided.
(iii) The casino department or departments that will be responsible for administering
the coupon distribution program.
(iv) The manner in which the coupons will be distributed.
(v) The schedule for conducting routine inventories of active unissued coupons. The
inventory shall be conducted monthly by not less than 2 individuals from separate casino
departments. The results of the inventory shall be recorded in the coupon control ledger.
(vi) The manner in which coupons will be removed from the inventory, recorded,
and voided once the coupons become inactive.
(vii) The manner in which the casino department responsible for distributing the
coupons can requisition coupons from the casino department responsible for storing the
coupons.
(viii) The maximum number of days in advance of an event that coupons can be
requisitioned by the casino department responsible for issuing the coupons. The
requisition document shall contain, at a minimum, all of the following information:
(A) The date the requisition is prepared.
(B) The day and date for which the coupons are needed.
(C) The type or types of coupons that are requested.
(D) The number of coupons required.
(E) The name, title, and occupational license number of the individual completing
the requisition.
(F) The name, title, occupational license number, and signature of the supervisor
authorizing the requisition.
(ix) The manner in which the coupons will be issued. The casino licensee shall
require that coupons shall be stamped with the date of issuance.
(x) The location of the locked cabinet in which the coupons will be stored before the
distribution of the coupons.
(xi) The manner in which coupons may be redeemed for chips by patrons.
(xii) The manner in which coupons redeemed by patrons will be canceled.
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(xiii) The manner in which the coupons distributed, coupons not distributed, and
coupons issued will be reconciled.
(xiv) The manner in which coupons that have been issued, but not distributed to
patrons in the appropriate time frame, will be voided and reconciled.
(xv) The manner in which a dealer or cage employee will receive and account for
coupons redeemed by patrons.
(b) The board may, in writing, approve or disapprove the internal control procedures
in total or in part.
(c) A casino licensee shall revise and resubmit any portion of the internal control
procedures not approved by the board within the time frame established by the board. A
casino licensee shall revise and resubmit the internal control procedures until all portions
of the internal control procedures have been approved or approval cannot be obtained.
(d) A casino licensee may not use an internal control procedure unless the internal
control procedure has been approved, in writing, by the board.
(2) If the board determines, at any time, that approved internal control procedures
are not adequate to ensure compliance with the act and these rules, then the board may
direct the casino licensee, in writing, to amend its internal control procedure in
accordance with subrule (1)(c) of this rule.
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recorded in compliance with subrule (3) of this rule and are reported immediately to the
appropriate supervisor.
(3) A casino licensee shall maintain a coupon control ledger in the manner
prescribed by the board. The coupon control ledger shall contain, at a minimum, all of the
following information:
(a) The date the coupons were received.
(b) The type and quantity of coupons received.
(c) The beginning serial number of the coupons received.
(d) The ending serial number of the coupons received.
(e) The purchase order number or requisition number for the coupons received.
(f) The signatures and occupational license numbers of all individuals who
examined the coupons upon receipt of the coupons.
(g) The date the coupons were issued to the casino distribution department.
(h) The beginning serial number of the coupons issued to the casino distribution
department.
(i) The ending serial number of the coupons issued to the casino distribution
department.
(j) The number and quantity of coupons issued to the casino distribution department.
(k) The balance of unissued coupons on hand.
(l) The name, title, occupational license number, and signature of the representative
issuing the coupons.
(m) The name, title, occupational license number, and signature of the representative
receiving the issued coupons.
(n) A record of any coupons that are distributed to patrons.
(o) A record and explanation of any deviations noted.
(4) The casino department responsible for distributing the coupons shall maintain a
daily coupon reconciliation form. One daily coupon reconciliation form shall be
completed to account for all individuals responsible for distributing coupons to patrons.
The daily coupon reconciliation form shall contain, at a minimum, all of the following
information:
(a) The date.
(b) The type of coupon being issued.
(c) The beginning and ending serial numbers of the coupons the individual has to
distribute to patrons.
(d) The quantity of coupons the individual has to distribute to patrons.
(e) The total number of coupons the individual distributed to patrons.
(f) The beginning and ending serial numbers of coupons not distributed to patrons.
(g) The total number of coupons not distributed to patrons.
(h) The serial numbers of any coupons that were voided and the reason the coupons
were voided.
(i) The name, title, occupational license number, and signature of the individual
distributing the coupons to patrons and completing the form.
(j) The name, title, occupational license number, and signature of the supervisor.
(k) Any variations discovered and an explanation of the variations.
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(5) The casino department responsible for storing the coupons shall complete all of
the following information before the coupons are given to the casino department
responsible for distributing the coupons:
(a) The name, title, occupational license number, and signature of the representative
filling the order.
(b) The beginning serial number of the coupons issued.
(c) The ending serial number of coupons issued.
(d) The total number of and type of coupons issued.
(e) The name, title, occupational license number, and signature of the supervisor.
(f) A record and explanation of any coupons that were voided due to discrepancies.
The casino department responsible for storing the coupons shall enter the information in
subdivisions (b) to (d) of this subrule in the coupon control ledger.
R 432.1837 Records.
Rule 837. (1) A casino licensee shall maintain the records required by this part
for at least 1 year.
(2) A casino licensee shall allow the board access to, or provide copies of, the
records maintained under this rule upon request by the board.
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(2) A casino licensee must provide the board with all of the following information
before using progressive EGDs in its casino:
(a) The serial numbers of the EGDs that are common to a single progressive link.
(b) The odds of hitting the progressive amount on each EGD that is attached to the
link.
(c) The reset value of the progressive link.
(d) The rate of progression for the progressive link.
(e) How the rate of progression is split between the various progressive components.
(f) Other information deemed necessary and requested in writing by the executive
director or the board to ensure compliance with the act and this part.
(3) All of the following provisions apply to progressive EGDs:
(a) A progressive EGD is an EGD that has a payoff that increases uniformly as the
EGD is played.
(b) A progressive EGD jackpot may be won where certain preestablished criteria,
which do not have to be a winning combination, are satisfied.
(c) A bonus game where certain circumstances are required to be satisfied before
awarding a fixed bonus prize is not a progressive EGD and is not subject to this rule.
(4) A casino licensee must not reduce, eliminate, or transfer the amount on a
progressive EGD jackpot meter or a progressive EGD jackpot unless 1 of the following
circumstances exist:
(a) A player wins the progressive jackpot.
(b) The casino licensee adjusts the progressive EGD jackpot meter to correct a
malfunction, or to prevent the display of an amount greater than a limit imposed in these
rules and the casino licensee documents the adjustment and the reasons for it and notifies
the board in writing.
(c) The casino licensee's gaming operations at the establishment cease for any
reason other than a temporary closure where the same licensee resumes gaming
operations at the same establishment within 30 days.
(d) The casino licensee distributes the incremental amount to another progressive
EGD jackpot at the casino in accordance with the casino licensee’s board approved
internal controls.
(e) The board, for good cause, approves in writing prior to a transfer, a reduction,
elimination, distribution, or procedure not otherwise addressed in this rule or the casino
licensee’s internal controls.
(5) All of the following provisions apply to recording, keeping, and reconciling the
progressive EGD jackpot amount.
(a) A casino licensee must maintain a record of the amount shown on a progressive
jackpot meter.
(b) A casino licensee must maintain supporting documents to explain any reduction
in the payoff amount from a previous entry.
(c) A casino licensee must retain the records and documents for a period of 5 years
unless otherwise provided by the board in writing.
(6) A progressive EGD must either contain or be linked to a progressive display
showing the progressive jackpot to all players who are playing a progressive EGD and
who may potentially win the progressive jackpot.
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(7) Except as otherwise authorized by the board, in writing, when 2 or more
progressive EGDs are linked together, each EGD on the link must have the same
probability of hitting the combination that will award the progressive jackpot or jackpots.
(8) The following provisions apply to the normal operating mode of the progressive
controller:
(a) During the normal operating mode of the progressive controller, the controller
must do both of the following:
(i) Continuously monitor each EGD attached to the controller to detect credits
wagered.
(ii) Multiply the credits wagered by the programmed rate of progression to
determine the correct amounts to apply to the progressive jackpot.
(b) The progressive display must be constantly updated as play on the link
continues. It is acceptable to have a slight delay in the update if, when a jackpot is
triggered, the jackpot amount is shown immediately.
(9) Both of the following provisions apply to the jackpot operating mode of the
progressive controller:
(a) The progressive controller must send to the progressive EGD the amount that
was won. The EGD must update its electronic meters to reflect the winning jackpot
amount.
(b) If more than 1 progressive EGD is linked to the progressive controller, then the
progressive controller must after the jackpot was won automatically reset to the reset
amount and continue normal play. During this time, the progressive meter must display
all of the following information:
(i) The identity of the progressive EGD that caused the progressive meter to activate.
(ii) The winning progressive amount.
(iii) The new normal mode amount that is current on the link.
(10) The following provisions apply to the security of the progressive controller:
(a) A progressive controller linking 2 or more progressive EGDs must be housed in
a secured compartment in a location stated in the internal controls.
(b) A progressive controller entry authorization log must be maintained and
completed by an individual who gains entrance to the controller.
(11) A progressive controller or another approved attached device or system must
keep all of the following information in nonvolatile memory, which must be displayed
upon demand:
(a) The number of progressive jackpots won on each progressive level if the
progressive display has more than 1 winning amount.
(b) The cumulative amounts paid on each progressive level if the progressive
display has more than 1 winning amount.
(c) The maximum amount of the progressive payout for each level displayed.
(d) The minimum amount or reset amount of the progressive payout for each level
displayed.
(e) The rate of progression for each level displayed.
(12) Both of the following provisions apply to limits on the jackpot of a progressive
EGD:
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(a) A casino licensee may impose a limit on the jackpot of a progressive EGD if the
limit imposed is greater than the possible maximum jackpot payout on the progressive
EGD at the time the limit is imposed.
(b) A casino licensee must inform the public of the limits of a progressive EGD. The
information must be contained in a prominently displayed notice.
History: 1998-2000 AACS; 2008 AACS; 2019 MR 9, Eff. May 17, 2019.
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options, progressives, and any other game features included in the payback percentage
calculation.
(b) Where different player options such as number of credits, lines bet, or player
strategy cause the pay table to vary, a separate calculation for each option is required.
(9) The applicant or licensee must submit the EGD source code and any special tool,
computer equipment, compiling program, or other technical assistance necessary to
compile the submitted software. The result of the compiled source code shall be identical
to that in the storage medium submitted for evaluation. The applicant or licensee must
provide the board with a method to compensate for or resolve any differences between
the compiled program and the submitted program.
(10) EGD general specifications are as follows:
(a) An EGD must be controlled by a microprocessor.
(b) An EGD must be equipped with a RNG to make the selection process.
(c) An EGD must have a random selection process.
(d) An EGD must be capable of connecting to and communicating with an approved
casino critical computerized system. An EGD must be capable of reporting all required
electronic digital storage meters as well as all tilt and error conditions to the approved
casino critical computerized system.
(e) An EGD that is capable of bidirectional communication with internal or external
equipment must use a communication protocol that ensures that erroneous data or signals
will not adversely affect the operation of the EGD or any attached equipment.
(f) An EGD must clearly display applicable rules of play and the payout schedule.
The rules of play must be displayed on the face or screen of the EGD. If displayed on the
face of the machine, the rules must be kept under glass or another transparent substance.
(g) An EGD must display an accurate representation of each game outcome utilizing
rotating reels, video monitors, or other type of display mechanism that accurately depicts
the outcome of the game.
(h) After selection of the game outcome, the EGD must not make a secondary
decision that affects the result shown to the player.
(i) When a bonus game or feature is triggered, auto-initiation of the bonus game or
feature by the EGD itself is prohibited except under the following circumstances:
(i) The player is presented with a choice and specifically acknowledges his or her
intent to have the EGD auto-initiate the bonus or feature by means of a button press or
physical player interaction with the machine.
(ii) The bonus or feature provides only 1 choice to the player, such as “press button
to spin wheel.” In this case, the EGD may auto-initiate the bonus or feature after a time
out period of at least 2 minutes.
(j) If an EGD has the capability of auto-initiating the bonus or feature, the
mechanism by which the auto-initiation is implemented must be explained in the pay
table and help screens, if help screens are a feature of the particular game. For non-video
devices or devices with the pay table displayed on glass, the auto-initiation mechanism
must be explained on the glass.
(k) An EGD that offers progressive awards must have all of the following
functionality within the control program itself or an attached progressive controller:
(i) The ability to display, for each progressive level, the total number of progressive
wins, the dollar amount of the last progressive win, and the total dollar amount awarded.
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(ii) The ability to display, for each progressive level, a chronological win history of
not less than 10 progressive win events. The win history events must include, at a
minimum, the date and time of the progressive award, the progressive level that was
awarded, and the dollar amount of the award.
(iii) The ability to set or override the current progressive amount for all progressive
levels.
(l) A player must have the option of cashing out and redeeming any residual credit
or cash values. An EGD must not be designed in such a way that requires a player to
gamble residual credits or cash equivalent on a double-up or gamble feature.
(m) All EGDs must incorporate the GAT program for verification, or another game
level verification program determined equivalent by the board. The verification program
must be readily accessible on demand at the EGD itself and not require extensive or
overly burdensome use of specialized equipment. The EGD must calculate and return a
digital signature (hash code) for all regulated firmware residing on the device. The board
shall determine GAT requirements for equipment on an individual basis.
(n) An EGD must be designed in a manner that prohibits the enabling and operation
of any pay table, feature, bonus round, or any other aspect of game operation that does
not meet the jurisdictional requirements set forth in this rule or other technical standards
issued by the board.
(11) All of the following apply to the EGD control program:
(a) Except as otherwise approved by the board in writing, the control program must
reside in the EGD and must be contained either:
(i) in a storage medium that is not alterable through use of the circuitry or
programing of the EGD itself, or
(ii) on a storage medium that employs a mechanism to prevent any alteration of the
control program and all critical files through use of the circuitry or programming of the
EGD.
(b) The control program must be impervious to influences from outside the EGD,
including, but not limited to, all of the following:
(i) Electromagnetic interference.
(ii) Electrostatic interference.
(iii) Radio frequency interference.
(c) The EGD must use appropriate communication protocols to protect the control
program from unwanted influence by equipment that is conducting data communications
with the EGD.
(d) EGD control programs must test themselves for possible corruption caused by
failure of the program storage media. The test methodology must detect 99.99% of all
possible failures. The control program must allow for the EGD to be continually tested
during game play. The control program must check for all of the following:
(i) Corruption of RAM locations used for crucial EGD functions.
(ii) All required information relating to the game recall history as outlined in this
rule.
(iii) RNG outcome.
(iv) Error states.
(e) Detection of corruption is a game malfunction that must result in a tilt condition
that identifies the error and causes the EGD to cease further function.
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(f) An EGD control program must routinely perform all of the following self-
verification functions:
(i) Employ a verification mechanism that verifies that all program components are
authentic copies. The verification method must prevent the execution of any program
component if the component is determined to be invalid, and must cause the EGD to
cease further function by means of a tilt.
(ii) Employ a mechanism that tests unused or unallocated areas of any alterable
media for unintended programs or data and test the structure of the storage media for
integrity. The mechanism must cause the EGD to cease operation by means of a tilt if
unexpected data or structural inconsistencies are found.
(12) The applicant or licensee must submit the EGD RNG to the board for approval
under any of the following circumstances:
(a) The source code of a previously approved RNG has changed or the
implementation of the RNG has changed.
(b) The RNG is new or was not previously board approved.
(c) The RNG is being implemented on a new hardware platform with a new
microprocessor.
(13) The applicant or licensee must submit the following for all EGD RNG
submissions:
(a) The internal RNG test data and analysis detailing the types of tests performed
and the results of the testing, certifying compliance with the specifications set forth in
this rule or another standard adopted by the board.
(b) Upon request, all hardware and software necessary to collect the random number
data. Direct collection of the random number data from the actual submitted EGD is
required unless it is not possible. If direct collection from the actual submitted EGD is
not possible, an external random data generation method may be used if found acceptable
by the board.
(c) Explanation of any differences between the test application and the production
application if generating random data with an external test application.
(d) RNG selection parameters, including the number of selections made per game
and the range of numbers used.
(e) Description of the RNG, including the type, seeding method, and seeding
frequency.
(14) Specifications for RNG data collection or generation are as follows:
(a) Test software must allow the tester to specify the amount and range of random
numbers that will be generated.
(b) The test software must output an unsorted ASCII text file of unsigned integers, 1
per line, with no additional characters or leading zeros.
(c) The output file must be able to be extracted to a removable storage device or be
sent via a communication port to an external PC.
(15) The following EGD RNG requirement provisions apply to randomness events
and randomness testing:
(a) Events in EGDs are occurrences of elements or particular combinations of
elements that are available on the particular EGD.
(b) A random event has a given set of possible outcomes that has a given probability
of occurrence called the distribution.
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(c) Two events are called independent if both of the following conditions exist:
(i) The outcome of 1 event does not have an influence on the outcome of the other
event.
(ii) The outcome of 1 event does not affect the distribution of another event.
(d) The RNG in an EGD must produce game plays that are random and independent,
so that a future game outcome cannot be predicted by a previous game outcome.
(e) A selection process is considered random if all of the following specifications are
met to the 95% confidence level or better:
(i) The RNG passes the standard chi-squared analysis.
(ii) The RNG does not produce a statistic with regard to producing patterns of
occurrences (runs analysis or similar pattern testing statistic).
(iii) The RNG produces numbers that are independently chosen without regard to
any other symbol produced during that play (correlation analysis).
(iv) The RNG produces numbers that are chosen without reference to the series of
outcomes in the previous game (serial correlation analysis).
(f) The RNG and random selection process must be impervious to influences from
outside the EGD, including, but not limited to, all of the following:
(i) Electromagnetic interference.
(ii) Electrostatic interference.
(iii) Radio frequency interference.
(g) An EGD must use appropriate communication protocols to protect the RNG and
random selection process from influence by equipment that is conducting data
communications with the EGD.
(h) The RNG must continue to run in the background at all times, whether or not
games are being played on the EGD.
(i) When determining if an EGD award, pay table win, bonus game, progressive, or
other feature will be awarded, an EGD utilizing any of the following restricted selection
processes exclusively to make the determination is prohibited:
(i) Coin based or threshold triggering in which an award has been predetermined to
be triggered at a certain point or between 2 points or values and utilizes a pool value, coin
in value, threshold value or any other non-random mechanism to determine when the
EGD exceeds the predetermined threshold and awards a prize.
(ii) Time based triggering in which an award has been predetermined to be triggered
at a specific time or between 2 points in time and utilizes a clock, either internal or
external, to determine when the EGD awards a prize.
(iii) Any other non-RNG based selection processes, other than player skill, both
internal and external to the EGD.
(j) If a restricted selection process is utilized, an approved RNG based selection
process must also be utilized simultaneously that is capable of triggering the same award,
pay table win, bonus game, progressive award, or other feature on every game play. The
trigger probability of the restricted selection process and the RNG selection process must
be equivalent.
(16) An EGD must meet all of the following minimum and maximum theoretical
percentage pay out requirements during the lifetime of the EGD:
(a) The EGD must pay out not less than 80% and not more than 100% of the amount
wagered unless otherwise approved by the board.
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(b) The theoretical payback percentage must be determined using standard methods
of probability theory. The percentage must be calculated using both the highest and
lowest level of skill, where player skill impacts the payback percentage.
(c) An EGD must not automatically alter pay tables or any function of the device
based on internal computation of the actual hold percentage.
(d) When calculating the minimum theoretical payback percentage of a progressive
EGD, only the base or reset amount (the lowest possible amount) of progressive awards
can be used. A progressive EGD must meet or exceed the minimum jurisdictional
requirement of 80% payback without the addition of progressive incremental rates.
(e) Double-up or gamble options must have a theoretical payback percentage of
100% for that feature.
(f) A skill based bonus game or feature utilizing a player’s physical skill, dexterity,
or knowledge to determine or influence an EGD award must include calculations for the
lowest and highest level of skill possible.
(g) An extended play collection (trophy) feature is one where a given award is not
attainable on a single game play and a player must collect items or “trophies” over a
series of games before winning an award or participating in a bonus round or feature.
These features are allowed but, when calculating minimum theoretical payback for an
EGD utilizing a collection or trophy feature, contributions from the collection or trophy
feature cannot be used to achieve the minimum jurisdictional requirement of 80%
theoretical payback.
(h) EGD programs designed for tournament or promotional use may have a
theoretical payback percentage that exceeds 100%.
(i) An EGD may have multiple percentage settings if the settings do not violate these
rules and if the settings are accessed only by software switches approved by the board.
(j) The probability of obtaining any payout on an EGD must be better than 1 in
50,000,000.
(k) Unless otherwise approved by the board in writing and denoted on the pay glass
or pay table screen, where the EGD offers a game that is recognizable such as poker,
blackjack, roulette, keno, or craps, the same probabilities associated with the live game
must be used in the EGD. For example, each side on a die must have a 1 in 6 probability
of occurrence.
(17) All of the following provisions apply to an EGD with multigame features:
(a) An EGD that offers a menu of more than 1 game to the player is considered a
multigame. A multigame may have various games with configurable payback
percentages.
(b) In addition to any other requirements or rules, a multigame may be approved by
the board if electronic digital storage meters with at least 10 digits are available upon
display for each game offered on the menu. Additionally, a multigame must retain the
electronic digital storage meters of any games that are installed on the EGD but are not
currently available on the menu. The electronic digital storage meters must include
credits wagered and credits won, or equivalent.
(c) If the method of configuring the multigame menu may be accomplished by
entering a configuration mode of the device, then the method employed must meet both
of the following standards:
(i) The method has sufficient safeguards to prevent unauthorized access.
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(ii) The method does not result in data loss or corruption of data sent to the casino
critical computerized systems.
(18) All of the following provisions apply to electronic digital storage meters in
EGDs:
(a) Electronic digital storage meters in EGDs must tally totals to at least 10 digits, be
capable of rolling over when the maximum value is reached, and have an accuracy rate of
at least 99.99%.
(b) An EGD must be equipped with all of the following electronic digital storage
meters:
(i) A “coin-in” meter that accumulates the total value of all wagers, excluding
subsequent wagers of intermediate winnings accumulated during game play sequences
such as those acquired from “double up” games.
(ii) A “coin-out” meter that accumulates the total value of all amounts directly paid
by the machine as a result of winning wagers, whether the payout is made to a credit
meter or by any other means. This meter will not record amounts awarded as the result of
an external bonusing system or a progressive payout.
(iii) An “attendant paid jackpots” meter that accumulates the total value of credits
paid by an attendant resulting from a single winning alignment or combination, the
amount of which is not capable of being paid by the machine itself. This does not include
progressive amounts or amounts awarded as a result of an external bonusing system. This
meter is only to include awards resulting from a specifically identified amount listed in
the manufacturer’s par sheet.
(iv) An “attendant paid cancelled credits” meter that accumulates the total value paid
by an attendant resulting from a player-initiated cash-out that exceeds the physical or
configured capability of the machine to make the proper payout amount.
(v) A “bill in” meter that accumulates the total value of currency accepted.
Additionally, the machine must have a specific meter for each denomination of currency
accepted that records the number of bills accepted of each denomination.
(vi) A “voucher in” meter that accumulates the total value of all slot machine
wagering vouchers accepted by the machine.
(vii) A “voucher out” meter that accumulates the total value of all slot machine
wagering vouchers and payout receipts issued by the machine.
(viii) A “wagering account transfer in” or “WAT in” meter that accumulates the
total value of cashable credits electronically transferred to the machine from a wagering
account by means of an external connection between the machine and a cashless
wagering system.
(ix) A “wagering account transfer out” or “WAT out” meter that accumulates the
total value of cashable credits electronically transferred from the machine to a wagering
account by means of an external connection between the machine and a cashless
wagering system.
(x) A “non-cashable electronic promotion in” meter that accumulates the total value
of non-cashable credits electronically transferred to the machine from a promotional
account by means of an external connection between the machine and a cashless
wagering system.
(xi) A “non-cashable electronic promotion out” meter that accumulates the total
value of non-cashable credits electronically transferred from the machine to a
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promotional account by means of an external connection between the machine and a
cashless wagering system.
(xii) A “cashable electronic promotion in” meter that accumulates the total value of
cashable credits electronically transferred to the machine from a promotional account by
means of an external connection between the machine and a cashless wagering system.
(xiii) A “cashable electronic promotion out” meter that accumulates the total value
of cashable credits electronically transferred from the machine to a promotional account
by means of an external connection between the machine and a cashless wagering
system.
(xiv) A “coupon promotion in” meter that accumulates the total value of all slot
machine coupons accepted by the machine.
(xv) A “coupon promotion out” meter that accumulates the total value of all slot
machine coupons issued by the machine.
(xvi) A “machine paid external bonus payout” meter that accumulates the total value
of additional amounts awarded as a result of an external bonusing system and paid by the
slot machine.
(xvii) An “attendant paid external bonus payout” meter that accumulates the total
value of amounts awarded as a result of an external bonusing system and paid by an
attendant.
(xviii) An “attendant paid progressive payout” meter that accumulates the total value
of credits paid by an attendant as a result of progressive awards that are not capable of
being paid by the machine itself. This meter does not include awards paid as a result of an
external bonusing system.
(xix) A “machine paid progressive payout” meter that accumulates the total value of
credits paid as a result of progressive awards paid directly by the machine. This meter
does not include awards paid as a result of an external bonusing system.
(xx) A “games-played” meter that displays the cumulative number of games played.
(xxi) A “cabinet door” meter that displays the number of times the front cabinet door
was opened.
(xxii) A “drop door” meter that displays the number of times the drop door or bill
validator door was opened.
(xxiii) Any additional meters necessary to fully reconcile transfers to and from the
EGD.
(xxiv) Any additional meters required, in writing, by the board.
(c) An EGD must have electronic digital storage meters that continuously and
accurately display to the player all of the following information relating to the current
play or monetary transaction:
(i) The number of credits wagered in the current game.
(ii) The number of credits won in the current game, if applicable.
(iii) The number of credits cashed out or a direct pay from a winning combination.
(iv) The number of credits available for wagering, if applicable.
(d) An EGD may not have a mechanism that causes any of the required electronic
digital storage meters to clear automatically when an error occurs. The required
electronic digital storage meters may be cleared only in a manner approved by the board.
Required meter readings, when possible, must be recorded before and after the electronic
digital storage meter is cleared.
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(e) All electronic digital storage meters must be preserved after a power loss to the
EGD and must be maintained for a period of not less than 180 days.
(19) All of the following provisions apply to game recall requirements:
(a) Unless otherwise approved by the board in writing, an EGD must have the
capacity to display a complete play history for the current game and the previous 9
games.
The game recall shall reflect at least the last 50 events of completed bonus games. If
a bonus game consists of “x number of events,” each with separate outcomes, each of the
“x events”, up to 50, shall be displayed with its corresponding outcome, regardless of
whether the result was a win or loss.
(b) The EGD game recall must display an indication of all of the following:
(i) The game outcome or representative equivalent.
(ii) The outcome of any bonus round or feature game.
(iii) All bets placed. (iv) Credits won or cashed out.
(v) Any error conditions.
(vi) Any other information deemed necessary by the board to ensure compliance
with the act and these rules.
(20) All of the following provisions apply to error conditions and malfunctions:
(a) A description of the EGD error codes and their meanings must be contained
inside each EGD only if the error codes are required for troubleshooting tilts or
malfunctions.
(b) The following provisions apply to error conditions and automatic clearing. The
EGD must be capable of detecting and displaying the error conditions listed below. These
error conditions must be automatically cleared by the EGD upon initiation of a new play
sequence. The following error conditions apply:
(i) Power reset.
(ii) Door open.
(iii) Inappropriate coin-in, bill-in, or voucher-in if not automatically returned to the
player.
(c) The following provisions apply to error conditions and clearing by an attendant.
The EGD must be capable of detecting and displaying all of the following error
conditions that an attendant may clear:
(i) Printer jam or error.
(ii) RAM error.
(iii) Program error.
(iv) A reel spin error of any type, including an index error condition for rotating
reels. The specific reel number must be identified in the error indicator.
(v) Low RAM battery, for batteries external to the RAM itself, or low power source.
(d) Except in the case of total memory failure, and if the machine is still operable, an
EGD must be capable of continuing the current play with all the current play features
after an EGD error condition or malfunction is cleared.
(21) EGD hardware specifications are as follows:
(a) An EGD must provide the means for on-demand display of the electronic
accounting meters utilizing a key switch on the exterior of the EGD.
(b) An EGD is not required to have electromechanical meters installed.
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(c) The internal space of an EGD must not be readily accessible when the door is
closed.
(d) An on and off power switch that controls the electrical current to operate the
EGD must be located in an accessible place within the interior of the EGD.
(e) All of the following must be secured inside a separate internal enclosure inside
the EGD that is capable of being locked:
(i) Logic boards.
(ii) Program storage media.
(iii) RAM.
(f) An EGD must have its logic boards, computer chips, and any other devices that
store memory secured in a locked enclosure, as described in subdivision (e) of this
subrule. The board must be allowed immediate access to the locked area described in
subdivision (e) of this subrule. A casino licensee must maintain its keys to EGDs in
accordance with the casino licensee’s approved internal controls.
(g) A light must be installed on the top of the EGD and must automatically
illuminate when the door to the EGD is opened or when equipment that may affect the
security or operation of the EGD is exposed, if the equipment is physically attached to the
EGD.
(h) A bar-top EGD must have a light alarm or an audio door alarm, or both,
installed. The alarm must be designed to activate when the machine is entered.
(i) An EGD must be Underwriters Laboratories approved or equivalent.
(j) Electrical and mechanical parts and design principles must not subject a player to
physical hazards.
(k) Spilling conductive liquid on the EGD must not create a safety hazard or alter
the integrity or performance of the EGD.
(l) The power supply used in an EGD must be designed to make minimum leakage
of current in the event of an intentional or inadvertent disconnection of the AC power
ground.
(m) An EGD power supply filtering must be sufficient to prevent disruption of the
EGD by a repeated switching on and off of the AC power.
(n) A surge protector must be installed on each EGD.
(o) An EGD must be capable of maintaining the accuracy of the required electronic
meter information and game data after power is discontinued from the EGD.
(p) After a power failure, the EGD must be able to continue a game without loss of
data.
(q) A hardware switch may not be installed if it alters the pay tables or payout
percentages in the operation of the EGD.
(r) Unless otherwise approved by the board in writing, a hardware switch may only
be installed to control any of the following:
(i) Graphic routines.
(ii) Speed of play.
(iii) Sound.
(iv) Other approved cosmetic play features.
(22) If a bill validator is utilized, the bill validator must be approved by the board
and must meet the following requirements:
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(a) The bill validator must exchange currency, tickets, or vouchers for equal value of
EGD credits. If EGD credit is issued, then the player must have the option of taking the
entire amount of credits or utilizing any portion of the registered credits to activate the
EGD as a wager.
(b) A bill validator must have software programs that enable the acceptor to
differentiate between genuine and counterfeit bills to a high degree of accuracy.
(c) A bill validator may be for a single denomination or combination of
denominations, including tickets and vouchers.
(d) A bill validator must be equipped with a drop box to collect the currency, tickets,
or vouchers inserted into the bill validator. The drop box must comply with all of the
following requirements:
(i) The drop box must be housed in a locked compartment separate from any other
compartment of the EGD.
(ii) The drop box must be accessible by a key that will access only the bill validator
drop box and no other area of the EGD.
(iii) The drop box must have a slot opening through which currency, tickets, or
vouchers can be inserted.
(iv) The drop box must be identifiable to the EGD from which it was removed.
(23) Wagering credits available for play must be wagered in the following order:
(a) Non-cashable credits.
(b) Cashable credits given away by a casino licensee.
(c) All other credits.
History: 1998-2000 AACS; 2008 AACS; 2019 MR 9, Eff. May 17, 2019.
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(k) Any licensee authorized to provide a wide area progressive system must supply,
as requested, reports and information to the board indicating the amount of, and basis for,
the current jackpot amount (the amount currently in play).
The reports shall include an aggregate report and a detail report. The aggregate report
shall show only the balancing of the system with regard to system-wide totals. The detail
report shall be in a form that identifies each machine on a polling station and indicates for
each machine, summarized by location, the coin-in and coin-out totals as the terms are
commonly understood in the industry.
In addition, upon the invoicing of any licensee participating in a wide area
progressive system, a licensee shall be given a printout identifying all of the following:
(i) Each machine linked to the system.
(ii) The wagers by each machine to the jackpot for the period for which an invoice is
remitted.
(iii) Other information required by the board to document the validity of the
licensee's contributions to the jackpot amount.
(l) A licensee authorized to provide a wide area progressive system shall obtain
written approval from the board identifying all of the following:
(i) The methods of funding the progressive prize pool.
(ii) The calculating and receipt of payments from participating licensees.
(iii) Provisions for equipment and services associated with the wide area progressive
system.
(m) In calculating gross receipts, a licensee shall deduct its contributions to any
progressive jackpots awarded during the month. The deducted amount shall be listed on
the detailed accounting records provided to the licensee by the person authorized to
provide the wide area progressive system. A licensee's contribution is based on the
wagered amounts from that licensee's machines on the wide area progressive system,
compared to the total amount of coins in on the whole system for the time period or
periods between the jackpot or jackpots awarded.
(n) The right to receive the jackpot payments may not be encumbered, assigned, or
otherwise transferred by a winner, estate, or heir of a deceased winner, except to the
estate or heir of the person upon his or her death. An attempt to make a prohibited
transfer may result in the person forfeiting the right to receive future payments.
(o) Except where prohibited by law, if a licensee ceases operations and a progressive
jackpot is awarded subsequent to the last day of the final month of operation, then the
licensee may file an amended tax return or make claim for a gaming tax refund based on
its contributions to the particular progressive pool.
(p) The central monitoring system for the wide area progressive shall be located
within this state unless otherwise approved in writing by the board. The office containing
the central monitoring system shall be equipped with a surveillance system that has been
approved by the board. The licensee authorized to provide a wide area progressive system
shall be required to limit access to the monitoring system room and keep and maintain an
entry and exit log for the office in a manner approved by the board. The board must, at all
times, have the right to immediate access to the office containing the central monitoring
system and the system itself.
(q) The licensee authorized to provide the wide area progressive system must not
allow any agent or employee to work on any component of the system until the person
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has demonstrated that the employee or agent is qualified and experienced in the
construction, software, hardware, and all internal and external components of the system
and has attained at least a level 2 occupational license from the board.
(r) The licensee authorized to provide a wide area progressive system shall supply a
copy of all leases and contractual agreements relating to the wide area progressive system
if requested by the board.
(s) The wide area progressive system prize fund (the amount of money contributed
by the participating licensees) shall be audited, in accordance with generally accepted
auditing standards, on the fiscal year of the licensee authorized to provide the system, by
an independent accountant licensed by the Michigan state board of accountancy and
approved by the board. The report shall be submitted to the board upon completion of the
audit or 90 days after the conclusion of the licensee’s fiscal year, whichever occurs first.
The licensee providing the wide area progressive system shall pay for the cost of the
audit.
(t) The licensee who is authorized to provide a wide area progressive system must
maintain, in a restricted account, a reserve consisting of cash, United States government
treasury securities, approved debt instruments, or combination of not less than the sum of
both of the following:
(i) The aggregate remaining balances owed on all jackpots previously won by
patrons through the wide area progressive system.
(ii) An amount sufficient to fully fund the present value of all amounts currently
reflected on the progressive meters of the wide area progressive systems.
(3) A licensee of a wide area progressive system must not reduce, eliminate, or
transfer the amount on a wide area progressive EGD jackpot meter or a wide area
progressive EGD jackpot unless 1 of the following circumstances exist:
(a) A player wins the wide area progressive jackpot.
(b) The licensee adjusts the wide area progressive EGD jackpot meter to correct a
malfunction or to prevent the display of an amount greater than a limit imposed in these
rules and the licensee documents the adjustment and the reasons for it and notifies the
board in writing.
(c) The casino licensee's gaming operations at the establishment cease for any
reason other than a temporary closure where the same licensee resumes gaming
operations at the same establishment within 30 days.
(d) The licensee distributes the amount to another wide area progressive EGD
jackpot in accordance with the licensee’s board approved internal controls.
(e) The board, for good cause, approves in writing prior to a transfer, a reduction,
elimination, distribution, or procedure not otherwise addressed in this rule or the
licensee’s internal controls.
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(2) A manufacturer or distributor may seek approval of its associated equipment by
submitting an application to the board in the manner and form prescribed by the board.
(3) The board may require the manufacturer or distributor of associated equipment
to submit the associated equipment to the board or an independent lab utilized by the
board for evaluation. The manufacturer or distributor of the associated equipment must
provide all information the board requests, including, but not limited to, all of the
following:
(a) A complete, comprehensive, and technically accurate description and
explanation of the associated equipment and its intended use in both technical and lay
language. The document must be signed under penalty of perjury.
(b) Detailed operating procedures of the associated equipment.
(c) Details of all tests performed on the associated equipment, the conditions and
standards under which the tests were performed, the test results, and the identity of the
person who conducted each test.
(d) Percentage calculations of the associated equipment.
(4) The board may require transportation of working models of associated
equipment for evaluation and inspection. The board or independent lab may dismantle the
associated equipment and may destroy the associated equipment in order to fully evaluate
it.
(5) The board may require the manufacturer or distributor requesting approval of the
associated equipment to provide specialized equipment or the services of an independent
technical expert to evaluate the equipment.
(6) The manufacturer or distributor requesting approval of the associated equipment
must pay the board for the cost associated with the evaluation and inspection of the
associated equipment.
(7) Except where the board has provided written notification that approval is not
required, a casino licensee or casino license applicant must install or use only associated
equipment that has been approved by the board.
(8) After evaluating the associated equipment submission, the board will advise the
manufacturer or distributor, in writing, of the determination.
(9) A casino licensee or casino license applicant must not alter the manner in which
associated equipment operates or revise the associated equipment without the prior
written approval of the board.
(10) The following provisions apply after the associated equipment has been
approved:
(a) The board may require a casino licensee or casino license applicant to
discontinue use of the associated equipment for any of the following reasons:
(i) The associated equipment does not perform in the manner described in the
application.
(ii) The associated equipment is defective or malfunctions frequently.
(iii) The associated equipment has a detrimental impact on the conduct of a casino
gambling operation.
(iv) The associated equipment adversely affects the computation of taxes for reasons
including, but not limited to, the following:
(A) Inaccurate computation.
(B) Defects.
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(C) Malfunctions.
(v) Any other reason justifying discontinuance, in the board’s judgment.
(b) The board will provide written notification to the manufacturer or distributor of
the associated equipment and the casino licensee that the associated equipment is no
longer approved for use.
(c) A casino licensee or casino license applicant must cease using the associated
equipment by the date established by the board unless the board extends the date based
on a written request from a casino licensee or casino license applicant received before the
date initially established.
(11) All of the following provisions apply to further notification requirements:
(a) The manufacturer or distributor of associated equipment must immediately notify
the board, in writing, of any defects or malfunctions that affect the fairness of any game
or proper reporting of required accounting meters, or materially affect the integrity of the
operation, safety, or play of any associated equipment that has been approved by the
board.
(b) If another gaming jurisdiction revokes or otherwise directs discontinuance of
associated equipment that has been approved by the board, the manufacturer or
distributor of the associated equipment must advise the board in writing of the
discontinuance within 21 days of the revocation or direction of discontinuance.
(c) A casino licensee or casino license applicant must immediately notify the board,
in writing, of any defects or malfunctions that affect the fairness of any game, or proper
reporting of required accounting meters, or materially affect the integrity of the operation,
safety, or play of any associated equipment that has been approved by the board and is
utilized by the casino licensee or casino license applicant.
(12) The associated equipment manufacturer or distributor must retain all of the
following associated equipment records:
(a) All applications for approval of associated equipment submitted to the board and
the information included in the submission.
(b) Approvals, denials, and revocations of associated equipment received from any
gaming jurisdiction, if the associated equipment has been submitted to the board for
approval.
(c) Any alterations or revisions that have been conducted on associated equipment
utilized by casino licensees or casino license applicants and the requisite approvals.
(d) Any notification and supporting documentation that indicates material defects or
malfunctions of the associated equipment.
(e) Any other records the board deems necessary to ensure compliance with the act
and these rules.
(13) A casino licensee or casino license applicant must maintain any records
specified in this rule that are in its possession.
(14) All records required by this rule must be maintained by the manufacturer or
distributor of the associated equipment, the casino licensee, or the casino license
applicant for a minimum period of 5 years.
R 432.1902 Purpose.
Rule 902. The procedures of the internal control system are designed to ensure all
of the following:
(a) That assets of the casino licensee are safeguarded.
(b) That the financial records of the casino licensee are accurate and reliable.
(c) That the transactions of the casino licensee are performed only in accordance
with the specific or general authorization of this part.
(d) That the transactions are recorded adequately to permit the proper recording
of the adjusted gross receipts, fees, and all applicable taxes.
(e) That accountability for assets is maintained in accordance with generally
accepted accounting principles.
(f) That only authorized personnel have access to assets.
(g) That recorded accountability for assets is compared with actual assets at
reasonable intervals and appropriate action is taken with respect to any discrepancies.
(h) That the functions, duties, and responsibilities are appropriately segregated
and performed in accordance with sound practices by competent, qualified personnel
and that no employee of the casino licensee is in a position to perpetuate and conceal
errors or irregularities in the normal course of the employee's duties.
(i) That gaming is conducted with integrity and in accordance with the act and these
rules.
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licensee shall make appropriate alterations. A licensee shall not commence gambling
operations until a system of internal controls is approved.
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R 432.1906 Failure to comply with chapter requirements.
Rule 906. If the board determines that a licensee's administrative or accounting
procedures or its written system of internal controls does not comply with the
requirements of these rules or requires improvement, then the board shall notify the
licensee in writing. Within 15 days after receiving the notification, the licensee shall
amend its procedures and written system accordingly and shall submit, for board
approval, a copy of the written system, as amended, and a description of any other
remedial measures taken.
History: 1998-2000 AACS.
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(3) Subject to approval by the board, a casino licensee may install surveillance
monitors in locations other than the surveillance room.
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(6) Casino surveillance room telephones shall be connected to the casino general
telephone system and have at least 1 direct outside line that is independent of the casino
general telephone system. Casino surveillance radio communications shall be connected
with the casino security department.
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R 432.11009 Retention of recorded activities.
Rule 1009. (1) A recorded activity (visual or audio) shall be retained and maintained
in accordance with these rules and the casino internal controls.
(2) A recording of routine activity shall contain a date and time reading and shall be
retained for not less than 14 days.
(3) A visual and audio recording of detention or questioning of an individual or
employee detained in the security office shall be immediately made available to the
board.
(4) A recording of a violation of internal controls or criminal activity shall be
immediately made available to the board.
R 432.11010 Rescinded.
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(2) Unless otherwise directed by the board, a casino licensee shall replace equipment
expected to be out of service for more than 30 minutes with alternate camera coverage or,
at the discretion of the board, shall cover the equipment with live surveillance.
R 432.11017 Rescinded.
R 432.11103 Complaint.
Rule 1103. (1) If the board becomes aware of facts sufficient to support a seizure
and forfeiture of a gaming device under the act or a disciplinary action against an
applicant or a licensee under the act or these rules, then the board may, after
investigation, order the seizure and forfeiture of the gaming device or may initiate a
disciplinary action against a licensee. If the board becomes aware of facts that
demonstrate lack of compliance with the terms of a certificate of suitability, the act, or
these rules, or a development agreement, then the board may, after investigation,
initiate action to suspend, revoke, or take other action regarding a certificate of
suitability and to deny the application for a casino license.
(2) The seizure and forfeiture of a gaming device, a disciplinary action, or an action
on a certificate of suitability or a license application is initiated by the filing of a
complaint with the board.
(3) The complaint shall be in compliance with all of the following
requirements:
(a) Be in writing.
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(b) State the name of the respondent. State the address and telephone number of
the respondent that are on file with the board.
(c) Identify the gaming device that is the subject matter of the seizure and
forfeiture action.
(d) State in detail the reasons why, and the facts upon which the board will rely to
show that, the respondent should be disciplined, the gaming device should be seized
and forfeited, or a certificate of suitability should be revoked or suspended or other action
taken or a license application denied.
(e) Have a title and case number assigned to the matter.
(f) Be signed and dated by the executive director or the executive director's
designee.
(g) Be accompanied by a certificate of service indicating the date of service.
R 432.11104 Answer.
Rule 1104. (1) A respondent shall file an answer within 21 days of service of
the complaint.
(2) An answer shall be in compliance with all of the following requirements:
(a) Be in writing.
(b) Contain an admission or denial of each factual allegation or a statement
neither admitting nor denying with a supporting reason.
(c) Set forth any affirmative defense that the respondent wishes to plead.
(d) An answer shall be signed, verified, and dated by the respondent. The
verification shall be notarized and shall include a certification stating, "Under the
penalty of perjury, the undersigned has examined the answer and to the best of my
knowledge and belief, it is true, complete, and correct."
(3) Default judgment or dismissal may result at any stage of the proceeding.If a
respondent fails to take action for which it is responsible for a period of 60 days, then
default judgment may be entered against the respondent or the case shall be dismissed,
unless good cause is shown and default would be contrary to the public interest.
R 432.11105 Appearances.
Rule 1105. A respondent may represent himself or herself or may be
represented by an attorney.
R 432.11106 Proceedings.
Rule 1106. (1) All proceedings related to seizures, forfeitures, and disciplinary
hearings shall be conducted in accordance with Act No. 306 of the Public Acts of 1969,
as amended, being § 24.201 et seq. of the Michigan Compiled Laws, and the procedures
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for denial and exclusion hearings, except as otherwise provided in the act and these
rules. The board shall have the affirmative responsibility of establishing, by a
preponderance of the evidence, that the respondent should be disciplined or the gaming
device or gaming devices should be seized and forfeited.
(2) The respondent has the burden of proof to prove the allegations in an
affirmative defense contained in the answer. The respondent shall have the affirmative
responsibility of establishing the elements of an affirmative defense by a
preponderance of the evidence.
(3) Testimony shall be given under oath or affirmation. The hearing officer or
recorder shall be authorized to administer oaths and affirmations.
(4) Both parties may present an opening statement on the merits. The board
proceeds first followed by the respondent. The respondent may reserve opening
statement for a later time. The hearing officer may determine the length of time each
party is permitted to present an opening statement. The parties may call witnesses in
accordance with Act No. 306 of the Public Acts of 1969, as amended, being § 24.201 et
seq. of the Michigan Compiled Laws and, subject to the discretion of the hearing
officer, a former member of the board or former employee of the board may appear to
testify as a fact witness about actions by the member or employee during his or her tenure
as a member or employee with the board. A licensee, applicant, or the board shall not
compensate a fact witness for his or her appearance other than a standard witness fee
and reimbursement for travel expenses as established by statute or court rule.
(5) The board shall then present the board's case-in-chief.
(6) Upon conclusion of the board's case-in-chief, the respondent may move for a
directed finding. The hearing officer may hear arguments on the motion or may grant,
deny, or reserve any decision on the motion, with or without argument.
(7) If a motion for directed finding is not made, or if the motion is denied or a
decision reserved on the motion, the respondent may present its case.
(8) Each party may conduct cross-examination of adverse witnesses.
(9) Upon conclusion of the respondent's case, the board may present evidence
in rebuttal.
(10) The hearing officer may ask questions of the witnesses and may request or
allow additional evidence at any time, including additional rebuttal evidence.
(11) Both parties may present closing argument. The board proceeds first, then the
respondent, and, thereafter, the board may present rebuttal argument. The hearing
officer may determine the length of time each party is permitted for the presentation of
closing argument.
(12) The hearing officer may require or allow the parties to submit post-hearing
briefs and findings of fact and conclusions of law within 10 days of the conclusion of
the hearing or within another time period determined by the hearing officer.
(13) Only the board and the respondent may be parties in proceedings under this
rule, except that the attorney general may intervene and represent the interests of the
people of the state of Michigan in accordance with state law.
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(vi) A certified copy of minutes of all meetings of the stockholders and directors
for a period of 5 years before Michigan licensure.
(vii) A current list of all current stockholders, including the names of beneficial
owners of shares held in street or other names.
(viii) The name of a company and a current list of all stockholders in the company,
including the names of beneficial owners of shares held in street or other names, in which
the corporation has a direct, indirect, or attributed interest.
(ix) A copy of the stock certificate ledger or its electronic equivalent.
(x) A complete record of all transfers of stock to the extent available to the licensee
or applicant.
(xi) A schedule of amounts paid to the corporation for the issuance of stock and
other capital contributions and the dates the amounts were paid.
(xii) A schedule of all dividends distributed by the corporation.
(xiii) A schedule of all direct or indirect salaries, wages, and other remuneration,
including prerequisites, paid during the calendar or fiscal year by the corporation to all
officers, directors, and stockholders that have an ownership interest, at any time during
the calendar or fiscal year, that is more than 5% of the outstanding capital stock of any
class of stock.
(b) If a casino licensee is a limited liability company, then all of the following
records:
(i) A certified copy of the articles of organization.
(ii) A certified copy of the operating agreement.
(iii) A list of all current and former managers, including names and addresses.
(iv) A list of the members, including all of the following information:
(A) Names.
(B) Addresses.
(C) The percentage of interest in net assets, profits, and distributions of cash held or
attributable to each.
(D) The amount and date of each capital contribution of each member.
(E) The date the interest was acquired.
(F) The method of determining a member's interest.
(v) A schedule of all withdrawals of company funds or assets by members.
(vi) A schedule of direct or indirect salaries, wages, and other remuneration,
including prerequisites, paid to each member during the calendar or fiscal year.
(vii) A copy of the membership ledger or its electronic equivalent.
(viii) A complete record of all transfers of membership interests.
(ix) A schedule of amounts paid to the company for the issuance of
membership interests and other capital contributions and the dates the amounts were
paid.
(c) If a casino licensee is a partnership, then all of the following records:
(i) A certified copy of the partnership agreement.
(ii) A certificate of limited partnership of its domicile.
(iii) A list of the partners, including all of the following information:
(A) Names.
(B) Addresses.
(C) The percentage of interest in net assets, profits, and losses held by each partner.
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(D) The amount and date of each capital contribution of each partner.
(E) The date the interest was acquired. The list shall also describe the form of the
person's partnership interest, for example, limited partner.
(iv) A schedule of all withdrawals of partnership funds or assets.
(v) A schedule of direct or indirect salaries, wages, and other remuneration,
including prerequisites, paid to each partner during the calendar or fiscal year.
(d) If a casino licensee is a sole proprietorship, then all of the following
records:
(i) A schedule showing the name and address of the proprietor and the amount
and date of his or her original investment.
(ii) A schedule of the dates and amounts of subsequent additions to the original
investment and any withdrawals.
(iii) A schedule of direct or indirect salaries, wages, and other remuneration,
including prerequisites, paid to the proprietor during the calendar or fiscal year.
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(6) A report shall be addressed to the board and postmarked not later than the
required filing date. The required filing dates are as follows:
(a) A monthly report is due on the thirtieth day of the following month.
(b) A quarterly report is due on the fifteenth day of the second month following the
end of the quarter.
(c) An annual report is due on the fifteenth day of the third month following the end
of the year.
(7) If there is a termination or suspension of the casino license, a voluntary or
involuntary change in the company, or a material change in ownership, then a casino
licensee shall file an interim quarterly report as of the date the event occurs, unless the
event has already been disclosed in a regular quarterly report or unless exempted by the
board. The filing date shall be 30 days after the date the event occurs.
(8) An adjustment that results from the quarterly and annual audits shall be recorded
in the accounting records. If an adjustment was not reflected in a casino licensee's
quarterly or annual reports and if the board concludes that the adjustment is significant,
then a revised report may be required from a casino licensee. The revised filing shall be
due within 30 days after written notification to a casino licensee.
(9) A delay in mailing, mail pickups, and postmarking is the responsibility of the
casino licensee.
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History: 1998-2000 AACS.
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(b) A casino licensee shall not utilize an amendment to procedures for extending
credit unless the amendment to the procedures for extending credit has been submitted,
in writing, to the board.
(2) The board may disapprove any portion of an amendment to the policies or
procedures concerning the extension of credit. If the board disapproves an amendment,
then the board shall notify the casino licensee, in writing, of the disapproval. A casino
licensee may not utilize any amendment that has been disapproved.
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Rule 1305. (1) A casino licensee may verify a patron's outstanding
indebtedness, as required by these rules, by contacting a consumer credit bureau that is
reasonably likely to possess information concerning the patron or a casino credit bureau,
or both, to determine whether the patron has any liabilities or if there is any derogatory
information concerning the patron's credit history.
(2) Credit bureau contact shall be considered a verification of the outstanding
indebtedness provided by the patron. If credit bureau contact is not immediately
possible, then the casino licensee may use an alternative source that has made the
required contact. A casino licensee shall record the source of verification and the
method by which the verification was performed in the patron's credit file.
(3) If neither credit bureau has information relating to a patron's
outstanding indebtedness, then a casino licensee shall record this
information in the patron's credit file.
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History: 1998-2000 AACS.
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Rule 1310. (1) A casino licensee shall establish policies and procedures approved
by the board in the same manner as the procedures for extension of credit for the
handling of returned checks.
(2) A returned check is received and documented on a returned check log by a
department independent of the casino cage or credit department, or both. If the licensee
uses a check-cashing service, then the licensee shall establish a procedure for the
retention of copies of returned checks.
(3) Procedures shall be established for collecting and recording checks returned to
a casino licensee after deposit, including redeposit procedures.
(4) A continuous record of all returned checks shall be maintained by a
collections department. The records shall contain all of the following information:
(a) Original date of the check.
(b) Name and address of the drawer of the check.
(c) Amount of the check.
(d) Date the check was dishonored.
(e) Date or dates and amount or amounts of any collections received on the check
after being returned by a bank.
(5) A returned check is considered the issuance of credit and is handled in a
ccordance with the collection of credits.
(6) Procedures shall be described for notifying the casino cage, credit
departments, or the equivalent of credit departments of returned checks and of the
prohibition from granting further credit to patrons whose checks have been returned and
remain unsatisfied.
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(2) If it is determined that a casino licensee failed to comply with this part when
extending credit or cashing checks and the casino licensee determines that the past
due marker or returned check is uncollectible, then the casino licensee is not entitled to
include the marker or check when calculating the uncollectible gaming receivables
deduction in computing the wagering tax.
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The electronic gaming device movement log shall contain, at a minimum, all of the
following information:
(a) The manufacturer of the electronic gaming device being transported.
(b) The type of electronic gaming device being transported.
(c) The serial number and board registration number, if issued, of the electronic
gaming device.
(d) The destination of the electronic gaming device.
(e) The expected date and time of shipment.
(f) The method of transportation and the name, business address, and business
telephone number of the carrier or carriers.
(g) Other information the executive director or the board deems necessary to ensure
compliance with the act and these rules.
(2) The electronic gaming device movement log shall be maintained by the casino
licensee and the casino license applicant for a minimum of 5 years and shall be made
available for inspection upon demand by the board or a board agent.
R 432.11404 Rescinded.
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