1 1 STATE OF NEW JERSEY 2 CASINO CONTROL COMMISSION 3 - - - - - - - - - - - - - - - - - - - 4 5 PUBLIC MEETING NO. 06-03-15 6 7 - - - - - - - - - - - - - - - - - - - 8 9 Wednesday, March 15, 2006 10 Atlantic City Commission Offices 11 Tennessee and Boardwalk 12 Atlantic City, New Jersey 08401 13 10:30 a.m. to 11:07 a.m. 14 15 16 Certified Shorthand Reporter: Christine Stanco 17 - - - - - - - - - - - - - - - - - - - - - - - - - 18 19 20 CIPOLLONI & ASSOCIATES, INC. 21 CERTIFIED SHORTHAND REPORTERS 22 1125 Atlantic Avenue, Suite 416 23 Atlantic City, New Jersey 08401 24 (609) 348-9190 25 2 1 B E F O R E : 2 CASINO CONTROL COMMISSION: LINDA M. KASSEKERT, CHAIR 3 RALPH G. FRULIO, VICE CHAIR MICHAEL C. EPPS, COMMISSIONER 4 WILLIAM T. SOMMELING, COMMISSIONER MICHAEL A. FEDORKO, COMMISSIONER 5 PRESENT FOR THE CASINO CONTROL COMMISSION: 6 DARYL W. NANCE, ADMINISTRATIVE ANALYST DANIEL J. HENEGHAN, PUBLIC INFORMATION 7 OFFICER LISA SPENGLER, PUBLICATIONS COORDINATOR 8 OFFICE OF THE GENERAL COUNSEL: 9 DIANNA W. FAUNTLEROY, GENERAL COUNSEL/ EXECUTIVE SECRETARY 10 STEVEN M. INGIS, ASSISTANT GENERAL COUNSEL ROBERT BARNEY, SENIOR COUNSEL 11 SETH H. BRILIANT, SENIOR COUNSEL BERNADETTE T. FRIGEN, PROGRAM SUPERVISOR 12 SANDRA DELIA, LEGAL SUPPORT SPECIALIST 13 DIVISION OF GAMING ENFORCEMENT: DEPUTY ATTORNEYS GENERAL: 14 BRIAN BISCIEGLIA CHARLES F. KIMMEL 15 RAYMOND MARQUEZ RICK McDONOUGH 16 LANE STEBBINS DOROTHY TURI 17 18 19 20 21 22 23 24 25 3 1 A P P E A R A N C E S: 2 ITEM 3 DARYL W. NANCE, ADMINISTRATIVE ANALYST ITEM 4 DARYL W. NANCE, ADMINISTRATIVE ANALYST 3 ITEM 5 DARYL W. NANCE, ADMINISTRATIVE ANALYST ITEM 6 STEVEN M. INGIS, ASSISTANT GENERAL 4 COUNSEL BRIAN BISCIEGLIA, DIVISION STAFF 5 ITEM 7 ROBERT BARNEY, SENIOR COUNSEL CHARLES F. KIMMEL, DIVISION STAFF 6 KAREN M. WOSNACK, ESQ. FOR: MARINA ASSOCIATES 7 ITEM 8 ROBERT BARNEY, SENIOR COUNSEL RICK McDONOUGH, DIVISION STAFF 8 ITEM 9 BERNADETTE T. FRIGEN, PROGRAM SUPERVISOR 9 LANE STEBBINS, DIVISION STAFF DOROTHY TURI, DIVISION STAFF 10 ITEM 10 BERNADETTE T. FRIGEN, PROGRAM SUPERVISOR 11 LANE STEBBINS, DIVISION STAFF ITEM 11 SANDRA DELIA, LEGAL SUPPORT SPECIALIST 12 DOROTHY TURI, DIVISION STAFF KAREN M. WOSNACK, ESQ. 13 FOR: HARRAH'S OPERATING COMPANY, INC. ITEM 12 SANDRA DELIA, LEGAL SUPPORT SPECIALIST 14 DOROTHY TURI, DIVISION STAFF FOX ROTHCHILD 15 BY: NICHOLAS CASIELLO, ESQ. FOR: MGM MIRAGE 16 ITEM 13 SANDRA DELIA, LEGAL SUPPORT SPECIALIST RAYMOND MARQUEZ, DIVISION STAFF 17 PATRICIA M. WILD, ESQ. FOR: RIH RESORTS, LLC AND COLONY RIH 18 HOLDINGS, INC. ITEM 14 SETH H. BRILIANT, SENIOR COUNSEL 19 ITEM 15 SETH H. BRILIANT, SENIOR COUNSEL CHARLES F. KIMMEL, DIVISION STAFF 20 PUBLIC PARTICIPATION BERT URBACH 21 22 23 24 25 4 1 AGENDA PUBLIC MEETING NO. 06-03-15 2 March 15, 2006, 10:30 a.m. ITEM DESCRIPTION PAGE VOTE 3 1 Ratification of the minutes of March 1, 2006 public meeting 13 13 4 2 Applications for employee and casino service industry licenses: 5 Remand for hearings 13 license applications for initial and/or 6 renewal of casino key and casino employee licenses 14 14 7 Remand for hearing CSI license applications of Produce Pete's 8 Enterprises, LLC; Sgarra Brothers, LLC; Vallee and Bowe, Inc., and 9 Sterling China USA, LLC 14 15 Grant 11 applications for initial 10 and/or renewal of casino key and casino employee licenses 15 15 11 Grant casino key employee license renewal application of David L. Norcutt, 12 Sr. and for qualification as Executive Director of Surveillance for ACE Gaming, 13 LLC; find Messrs. Strano, Dickie and Rivera plenarily qualified in connection 14 with their respective gaming related CSI licenses pursuant to N.J.A.C. 15 19:51-1.14B(h) 16 17 3 Petition No. 0590605 of Harrah's Operating 16 Company, Inc., Marina Associates, Atlantic City Showboat, Inc., Bally's Park Place, 17 Inc. and Boardwalk Regency Corp. is requesting the issuance of a temporary 18 casino key employee license to Andrew Swenson pursuant to N.J.S.A. 5:12-89(e) 19 and to permit him, pursuant to N.J.A.C. 19:43-2.6, to assume the duties and 20 exercise the powers of Vice President of Casino Marketing for Atlantic City 21 Operations, without first having been found qualified 17 18 22 4 Petition No. 0590606 of Marina Associates is requesting the issuance of a temporary 23 casino key employee license to Allan Noble pursuant to N.J.S.A. 5:12-89(e) and to 24 permit him, pursuant to N.J.A.C. 19:43-2.6 to assume the duties and exercise the powers 25 of Vice President of Hotel Operations, with- out first having been found qualified 19 19 5 1 ITEM DESCRIPTION PAGE VOTE 5 Petition No. 0650601 of ACE Gaming, LLC 2 is requesting the issuance of a temporary casino key employee license to William 3 P. King pursuant to N.J.S.A. 5:12-89(e) and to permit him, pursuant to N.J.A.C. 4 19:43-2.6 to assume the duties and exercise the powers of Director of Internal 5 Audit, without first having been found qualified 20 20 6 6 Stipulations of settlement and consent agreements: 7 A) Michael A. Conroy (Not present) (05-0831-EA) 21 22 8 B) Kenneth M. Kadar (Not present) (06-0019-EA) 21 22 9 C) Paul J. Williams (Not present) (05-0469-ER) 21 22 10 D) Nicole K. Young (Not present) (05-0814-ER) 21 22 11 E) Cathy L. Hagelgans (05-0819-ER) 21 22 F) Louis K. Travies (Not present) 12 (05-0408-ER) 21 22 G) Antulio Roldan, Jr. (Not present) 13 (05-0500-ER) 21 22 H) Thomas D. Buscemi (Not present) 14 (05-0838-EA) 21 22 I) Cezar V. Vicencio (a/k/a Cezas V. 15 Vicencio)(Not present)(06-0031-EA)21 22 J) Alphonse George (Not present) 16 (05-0855-ER) 21 22 7 Stipulation of Settlement in State 17 vs. Marina Associates (d/b/a Harrah's Atlantic City Hotel and Casino) 18 (05-0552-VC) 22 24 8 Initial Decision in Application of VMI 19 Productions, Inc. and qualification of Marina Lerner and Vlad Lavrinovich 20 (05-0139-SI) 24 25 9 Consideration of final exclusion 21 Orders and/or revocation of: A) Michael Chau (a/k/a Minh C. Chau) 22 (05-0895-EL, 04-0213-RC) B) Domenico Cutaia (a/k/a Danny Cutaia) 23 (05-0787-EL) 26 27 10 Consideration of forfeiture Orders in 24 State v.: A) Atlantic City Showboat, Inc. 25 (t/a Showboat Casino Hotel); et al. (05-0889-VC) 28 30 6 1 ITEM DESCRIPTION PAGE VOTE B) Caesars Entertainment (d/b/a Caesars 2 A.C.) et al. (05-0891-VC) 28 30 C) Resorts International Hotel, Inc. 3 (d/b/a Resorts Atlantic City); et al. (05-0829-VC) 28 30 4 D) Marina Associates (d/b/a Harrah's Marina Hotel and Casino); et al. 5 (05-0828-VC) 28 30 E) Caesars Entertainment (d/b/a Caesars 6 A.C.); et al. (05-0890-VC) 28 30 F) Marina Associates (d/b/a Harrah's Marina 7 Hotel and Casino); et al. (05-0888-VC) 28 30 8 11 Petition of Harrah's Operating Company, Inc., Marina Associates (d/b/a Harrah's 9 Casino Hotel Atlantic City), Atlantic City Showboat, Inc., Bally's Park Place, 10 Inc., (d/b/a Bally's Atlantic City) and Boardwalk Regency Corp., (d/b/a Caesars 11 Atlantic City) for permission to allow Grant Ashley to perform the duties and 12 exercise the powers of Vice President, Corporate Security, Surveillance and 13 Investigations pending plenary qualification (PRN 0580608) 30 32 14 12 Consideration of the qualification of Rose McKinney-James as an Outside 15 Director of MGM Mirage 32 33 13 Consideration of the qualification of 16 three Officers of RIH Resorts, LLC and Colony RIH Holdings, Inc. (Todd M. 17 Chandler, Joseph J. Guzzardo and Charles Phillip Fortino) 34 35 18 14 Proposed adoption of amendments to Commission Delegation of Authority 19 Resolution No. 05-02-02-13-D (Certain functions to the Director of 20 Compliance) 36 37 15 Petition of IGT to terminate the Wheel of 21 Fortune $.25 Video Slot System and to transfer its Progressive Jackpot to the 22 Wheel of Fortune $.05 Video Slot System (PRN 0580609) 37 38 23 Public Participation Portion 39 24 25 7 1 E X H I B I T S 2 3 NUMBER DESCRIPTION EVD 4 ITEM 2 5 EL-1 Remand for hearings 13 license 6 applications 14 7 EL-2 Grant 11 license applications 14 8 9 10 (Exhibits retained by Commission.) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8 1 (Public Meeting No. 06-03-15 commenced 2 at 10:30 a.m.) 3 MR. NANCE: Good morning. I would like 4 to read an opening statement. 5 This is to advise the general public 6 that in compliance with Chapter 231 of the Public 7 Laws of 1975 entitled the "Open Public Meetings 8 Act", the New Jersey Casino Control Commission on 9 October 13th, 2005, filed with the Secretary of 10 State at the State House in Trenton an annual 11 meeting schedule. On October 14th, copies were 12 mailed to the Press of Atlantic City, the Newark 13 Star Ledger and the Office of the Clerk of 14 Atlantic City. 15 Members of the press will be permitted 16 to take photographs, and we ask that this be done 17 in a manner which is not disruptive or 18 distracting to the Commission. 19 The use of cellular telephones in the 20 Public Meeting Room while the Commission is 21 prohibited. 22 Any member of the public who wish to 23 address the Commission will be given the 24 opportunity to do so before the Commission 25 adjourns for the day. 9 1 Please stand for the Pledge of 2 Allegiance. 3 (Whereupon, the Pledge of Allegiance was 4 executed.) 5 MR. NANCE: Good morning. The matters 6 discussed in closed session were employee and 7 enterprise license matters; the Commissioners 8 approved the March 1st, 2006 closed session 9 minutes; litigation update regarding Warren 10 Lackland and Lewis Springer, Jr. versus State of 11 New Jersey, Casino Control Commission; and Gloria 12 Ford versus State of New Jersey, Casino Control 13 Commission, et al. 14 Chair, Commissioners, we have Miss 15 Spengler who wishes to address the Commission. 16 MS. SPENGLER: Good morning, Madam Chair, 17 Commissioners. The Commission is being presented 18 today with an award from the Employer Support 19 Guard Reserve and a Certificate of Appreciation 20 by the United States Department of Defense. 21 I would like to introduce Captain Tamar 22 LaSure who has just returned to her position as 23 an inspector with the Casino Control Commission 24 after serving three years in the military. She 25 will describe a little bit about her recent duty 10 1 of service. 2 Tamar? 3 CAPTAIN LaSURE: Good morning to the 4 Chairman, Board. First of all, I'm just deeply 5 honored to be able to be here and to speak in 6 front of you and all of the representation that 7 is here, and I thank you for the support of 8 everyone that is here that has been supportive of 9 military personnel. 10 I have served in the capacity as 11 commander over the Oyster Creek Nuclear Power 12 Plant. That was one of the state active duty 13 missions in regards to our homeland defense for 14 the State of New Jersey since 911 that was 15 combined with Salem as well. 16 So primarily, that was one of my major 17 functions as well as assisting Hurricane Katrina 18 and other things. So I just wanted to, more or 19 less, mention that; and on behalf of that, 20 there's always been the commitment, the support, 21 just the, you know, the care, and it's just 22 wonderful to see as you're serving your country. 23 Again, I just -- I'm so thankful and grateful to 24 work for such a great organization as the Casino 25 Control Commission. Thank you. 11 1 CHAIR KASSEKERT: Thank you. 2 MS. SPENGLER: Thanks, Tamar. I'd like 3 to now ask Commissioner Fedorko, who is a member 4 of the board for the Employer Support Guard 5 Reserve, and he will be representing the board 6 today in the presentation. 7 I'd like to ask him to just describe the 8 award and its significance to the Commission. 9 COMMISSIONER FEDORKO: The Employer 10 Support for the Guard and Reserve, which is 11 referred to as ESGR, is a Department of Defense 12 organization. So I was asked to come here today 13 by Secretary Rumsfeld. 14 It's a joke, pay attention. 15 ESGR was established in 1972 to promote 16 cooperation and understanding between Reserve 17 component members and their civilian employees to 18 assist in the resolution of conflicts arising 19 from employees' military commitment. It is this 20 Department of Defense organization where this 21 mission is under the Department of Defense. 22 At present, 46 percent of our total 23 available military manpower is Guard and Reserve; 24 and here in New Jersey, according to Major 25 General Glenn Rieth, who is the head of the 12 1 Department of Military and Veterans Affairs, 63 2 percent of New Jersey Guard and Reserve forces 3 are on active duty today. 4 The Casino Control Commission has been 5 honored to receive the Employer Support for the 6 Guard and Reserve Award. The ESGR award honors 7 employers who support their employees who serve 8 in the armed forces. The Casino Control 9 Commission was recognized for this great effort 10 in support of its military personnel who are also 11 CCC employees. 12 This award also contains a Certificate 13 of Abbreviation by the United States Department 14 of Defense who recognizes organizations such as 15 the Casino Control Commission and its staff for 16 their support and assistance to the military as 17 well as our nation. 18 Because of the state active duty 19 mission, the Casino Control Commission was also 20 recognized by the New Jersey Army National Guard 21 for the support of the Oyster Creek Nuclear Power 22 Plant mission as well, and I would like to thank 23 Captain LaSure for all her efforts. Thank you. 24 (Applause) 25 MS. SPENGLER: Thank you. Madam Chair 13 Item No. 1 1 will be accepting the award on behalf of the 2 Commission. 3 CHAIR KASSEKERT: Thank you. On behalf 4 of the Commission, we're very pleased to accept 5 this award. Thank you, Commissioner Fedorko. I 6 know your influence probably had something to do 7 with this, and we appreciate your service, 8 Captain. Thank you. 9 I think we can go on. 10 MR. NANCE: Item Number 1, ratification 11 of the minutes of March 1st, 2006 public meeting. 12 COMMISSIONER SOMMELING: Move to approve. 13 VICE CHAIR FRULIO: Second. 14 CHAIR KASSEKERT: The motion has been 15 made and seconded. All in favor? 16 (Aye.) 17 CHAIR KASSEKERT: Opposed? 18 (No response.) 19 CHAIR KASSEKERT: The motion carries. 20 (The Commission members vote unanimously 21 in favor of the motion.) 22 MR. NANCE: Item Number 2, applications 23 for employee and casino service industry 24 licenses. This agenda item will be entered as 25 Exhibit Lists 1 and 2. 14 Item No. 2 1 (Whereupon, Exhibit Lists 1 and 2 were 2 entered into evidence.) 3 MR. NANCE: Exhibit List 1 consists of 13 4 applications for initial and/or renewal of casino 5 key and casino employee licenses. The Division 6 has objected to licensure. 7 VICE CHAIR FRULIO: Motion to remand for 8 hearings. 9 COMMISSIONER FEDORKO: Second. 10 CHAIR KASSEKERT: The motion has been 11 made and seconded. All in favor? 12 (Aye.) 13 CHAIR KASSEKERT: Opposed? 14 (No response.) 15 CHAIR KASSEKERT: The motion carries. 16 (The Commission members vote unanimously 17 in favor of the motion.) 18 MR. NANCE: For consideration is the 19 casino service industry license applications of 20 Produce Pete's Enterprises, LLC; Sgarra Brothers, 21 LLC; Vallee and Bowe, Inc., and Sterling China 22 USA, LLC. The Division has objected to these 23 applications. 24 VICE CHAIR FRULIO: Motion to remand for 25 a hearing. 15 Item No. 2 1 COMMISSIONER FEDORKO: Second. 2 CHAIR KASSEKERT: The motion has been 3 made and seconded. All in favor? 4 (Aye.) 5 CHAIR KASSEKERT: Opposed? 6 (No response.) 7 CHAIR KASSEKERT: The motion carries. 8 (The Commission members vote unanimously 9 in favor of the motion.) 10 MR. NANCE: Exhibit List 2 consists of 11 11 applications for initial and/or renewal of casino 12 key and casino employee licenses. Staff and the 13 Division have recommended that these licenses be 14 granted. 15 VICE CHAIR FRULIO: Motion to grant 16 application. 17 COMMISSIONER FEDORKO: Second. 18 CHAIR KASSEKERT: The motion has been 19 made and seconded. All in favor? 20 (Aye.) 21 CHAIR KASSEKERT: Opposed? 22 (No response.) 23 CHAIR KASSEKERT: The motion carries. 24 (The Commission members vote unanimously 25 in favor of the motion.) 16 Item No. 2 1 MR. NANCE: For consideration is the 2 renewal application of David L. Norcutt, Sr. for 3 a casino key employee license and for 4 qualification as Executive Director of 5 Surveillance for ACE Gaming, LLC. Staff and the 6 Division have recommended that this application 7 be granted. 8 VICE CHAIR FRULIO: Motion to grant 9 initial key license and for qualification. 10 COMMISSIONER FEDORKO: Second. 11 CHAIR KASSEKERT: The motion has been 12 made and seconded. This is a roll call vote. 13 MR. NANCE: Commissioner Sommeling? 14 COMMISSIONER SOMMELING: Yes. 15 MR. NANCE: Commissioner Epps? 16 COMMISSIONER EPPS: Yes. 17 MR. NANCE: Commissioner Fedorko? 18 COMMISSIONER FEDORKO: Yes. 19 MR. NANCE: Vice Chair Frulio? 20 VICE CHAIR FRULIO: Yes. 21 MR. NANCE: Chair Kassekert? 22 CHAIR KASSEKERT: Yes. 23 MR. NANCE: The record will reflect the 24 motion carries unanimously. 25 For consideration are the following for 17 Item No. 3 1 qualification in connection with the respective 2 gaming related casino service industry licenses 3 pursuant to N.J.A.C. 19:51-1.14B(h): Christopher 4 G. Strano, Atlantic City Coin & Slot Service 5 Company, Inc.; Gordon Dickie, Shuffle Master, 6 Inc.; and Ronnie J. Rivera, IGT. Staff and the 7 Division have recommended qualification. 8 VICE CHAIR FRULIO: Motion to find 9 Messrs. Strano, Dickie and Rivera plenarily 10 qualified in connection with their respective 11 gaming related CSI licenses pursuant to N.J.A.C. 12 19:51-1.14B(h). 13 COMMISSIONER FEDORKO: Second. 14 CHAIR KASSEKERT: The motion has been 15 made and seconded. All in favor? 16 (Aye.) 17 CHAIR KASSEKERT: Opposed? 18 (No response.) 19 CHAIR KASSEKERT: The motion carries. 20 (The Commission members vote unanimously 21 in favor of the motion.) 22 MR. NANCE: Item Number 3, Petition No. 23 0590605 of Harrah's Operating Company, Inc., 24 Marina Associates, Atlantic City Showboat, Inc., 25 Bally's Park Place, Inc. and Boardwalk Regency 18 Item No. 3 1 Corp. is requesting the issuance of a temporary 2 casino key employee license to Andrew Swenson 3 pursuant to N.J.S.A. 5:12-89(e) and to permit 4 him, pursuant to N.J.A.C. 19:43-2.6, to assume 5 the duties and exercise the powers of Vice 6 President of Casino Marketing for Atlantic City 7 Operations without first having been found 8 qualified. 9 Staff and the Division have recommended 10 that this petition be granted. 11 COMMISSIONER SOMMELING: Motion to 12 approve the petition, Madam Chair. 13 CHAIR KASSEKERT: Is there a second? 14 COMMISSIONER FEDORKO: Second. 15 CHAIR KASSEKERT: The motion has been 16 made and seconded. This is a roll call vote. 17 MR. NANCE: Commissioner Sommeling? 18 COMMISSIONER SOMMELING: Yes. 19 MR. NANCE: Commissioner Epps? 20 COMMISSIONER EPPS: Yes. 21 MR. NANCE: Commissioner Fedorko? 22 COMMISSIONER FEDORKO: Yes. 23 MR. NANCE: Vice Chair Frulio? 24 VICE CHAIR FRULIO: Yes. 25 MR. NANCE: Chair Kassekert? 19 Item No. 4 1 CHAIR KASSEKERT: Yes. 2 MR. NANCE: The record will reflect the 3 motion carries unanimously. 4 Item Number 4, Petition No. 0590606 of 5 Marina Associates is requesting the issuance of a 6 temporary casino key employee license to Allan 7 Noble pursuant to N.J.S.A. 5:12-89(e) and to 8 permit him, pursuant to N.J.A.C. 19:43-2.6 to 9 assume the duties and exercise the powers of Vice 10 President of Hotel Operations, without first 11 having been found qualified. 12 Staff and the Division have recommended 13 that this petition be granted. 14 COMMISSIONER FEDORKO: Motion to grant 15 temporary key license and qualification. 16 VICE CHAIR FRULIO: Second. 17 CHAIR KASSEKERT: The motion has been 18 made and seconded. This is a roll call vote. 19 MR. NANCE: Commissioner Sommeling? 20 COMMISSIONER SOMMELING: Yes. 21 MR. NANCE: Commissioner Epps? 22 COMMISSIONER EPPS: Yes. 23 MR. NANCE: Commissioner Fedorko? 24 COMMISSIONER FEDORKO: Yes. 25 MR. NANCE: Vice Chair Frulio? 20 Item No. 5 1 VICE CHAIR FRULIO: Yes. 2 MR. NANCE: Chair Kassekert? 3 CHAIR KASSEKERT: Yes. 4 MR. NANCE: The record will reflect the 5 motion carries unanimously. 6 Item Number 5, Petition No. 0650601 of 7 ACE Gaming, LLC is requesting the issuance of a 8 temporary casino key employee license to William 9 P. King pursuant to N.J.S.A. 5:12-89(e) and to 10 permit him, pursuant to N.J.A.C. 19:43-2.6 to 11 assume the duties and exercise the powers of 12 Director of Internal Audit, without first having 13 been found qualified. 14 Staff and the Division have recommended 15 that this petition be granted. 16 COMMISSIONER FEDORKO: Motion to grant 17 temporary key license and qualification. 18 VICE CHAIR FRULIO: Second. 19 CHAIR KASSEKERT: The motion has been 20 made and seconded. This is a roll call vote. 21 MR. NANCE: Commissioner Sommeling? 22 COMMISSIONER SOMMELING: Yes. 23 MR. NANCE: Commissioner Epps? 24 COMMISSIONER EPPS: Yes. 25 MR. NANCE: Commissioner Fedorko? 21 Item No. 6 1 COMMISSIONER FEDORKO: Yes. 2 MR. NANCE: Vice Chair Frulio? 3 VICE CHAIR FRULIO: Yes. 4 MR. NANCE: Chair Kassekert? 5 CHAIR KASSEKERT: Yes. 6 MR. NANCE: The record will reflect the 7 motion carries unanimously. 8 MR. NANCE: Item Number 6, stipulations 9 of settlement and consent agreements. 10 When I call your name, please come 11 forward, stand behind this middle table spreading 12 across the room so that you may be seen: Michael 13 A. Conroy, Kenneth Kadar, Paul Williams, Nicole 14 Young, Cathy Hagelgans, Louis Travies, Antulio 15 Roldan, Jr., Thomas Buscemi, Cezar Vicencio and 16 Alphonse George. 17 Mr. Ingis? 18 MR. INGIS: Staff has nothing to add, 19 Madam Chair. 20 CHAIR KASSEKERT: Is everybody whose name 21 has been called come forward? 22 All right. We're going to vote in a 23 moment on your stipulation, which you've agreed 24 to with the Division of Gaming Enforcement. 25 I'm going to ask at this point if you'd 22 Item No. 7 1 like to be heard on your matter. You don't have 2 to say anything if you don't wish to. 3 Would you like to say anything? 4 MS. HAGELGANS: Nothing. 5 CHAIR KASSEKERT: Mr. Biscieglia. 6 MR. BISCIEGLIA: Good morning, Chair, 7 Commissioners. The Division has nothing further 8 to add and respectfully ask that you accept the 9 stipulation of settlement. 10 CHAIR KASSEKERT: Any questions? 11 COMMISSIONER SOMMELING: Approve the 12 stipulation. 13 COMMISSIONER FEDORKO: Second. 14 CHAIR KASSEKERT: The motion has been 15 made and seconded. All in favor? 16 (Aye.) 17 CHAIR KASSEKERT: Opposed? 18 (No response.) 19 CHAIR KASSEKERT: The motion carries. 20 (The Commission members vote unanimously 21 in favor of the motion.) 22 CHAIR KASSEKERT: Thank you for coming. 23 Good luck. 24 MR. NANCE: Item Number 7, stipulation of 25 settlement in State versus Marina Associates. 23 Item No. 7 1 Mr. Barney? 2 MR. BARNEY: Good morning, Chair 3 Kassekert, Commissioners. This is a matter of, 4 it's a fairly simple technical violation that the 5 Marina Associates cooperated fully on, and it's 6 resolved in satisfaction. 7 Miss Wosnack is here for Harrah's, and 8 Charles Kimmel is here for the Division. 9 CHAIR KASSEKERT: Thank you. 10 Good morning, Miss Wosnack. 11 MS. WOSNACK: Good morning. Karen 12 Wosnack on behalf of Harrah's. We have nothing 13 to add other than to urge you to accept the 14 settlement. 15 CHAIR KASSEKERT: Mr. Kimmel? 16 MR. KIMMEL: Thank you, Chair. The 17 Division also urges that you adopt the 18 settlement. I'll be happy to answer any 19 questions. 20 CHAIR KASSEKERT: Thank you. 21 Any questions? 22 COMMISSIONER SOMMELING: No questions, 23 Madam Chair. 24 COMMISSIONER FEDORKO: Motion to approve 25 the Stipulation of Settlement and impose a civil 24 Item No. 8 1 penalty of $12,500 against Marina Associates for 2 violation of Commission regulations regarding 3 N.J.A.C. 19:45-1.54(d)(1). 4 COMMISSIONER SOMMELING: Second. 5 CHAIR KASSEKERT: The motion has been 6 made and seconded. All in favor? 7 (Aye.) 8 CHAIR KASSEKERT: Opposed? 9 (No response.) 10 CHAIR KASSEKERT: The motion carries. 11 (The Commission members vote unanimously 12 in favor of the motion.) 13 CHAIR KASSEKERT: Thank you. 14 MR. NANCE: Item Number 8, initial 15 decision in application of VMI Productions, Inc. 16 and qualification of Marina Lerner and Vlad 17 Lavrinovich. 18 Mr. Barney? 19 MR. BARNEY: Good morning again, Chair 20 and Commissioners. This is a matter of initial 21 decision based on a motion by the Division of 22 Gaming Enforcement for summary decision in a 23 matter which was called for hearing, and that was 24 the last that the Commission or the Division 25 heard from the applicants; and on the basis that 25 Item No. 8 1 they did not answer the questions raised by the 2 Division, the Division, therefore, moved for 3 summary decision to find them disqualified, and 4 that's the gist of the initial decision. 5 Mr. McDonough is here for the Division, 6 and we have understood in writing that no one 7 would be representing the applicant. 8 CHAIR KASSEKERT: Mr. McDonough, good 9 morning. 10 MR. McDONOUGH: Good morning, thank you. 11 We support the initial decision. 12 CHAIR KASSEKERT: Thank you. 13 Any questions? 14 VICE CHAIR FRULIO: Move we adopt the 15 Initial Decision Summary Decision and deny the 16 casino service industry license application of 17 VMI Productions, Inc., find VMI Productions, 18 Inc., Marina Lerner and Vlad Lavrinovich 19 disqualified and prohibited from conducting any 20 direct or indirect business with casino licensees 21 or applicants, and must terminate all existing 22 contracts or business by March 30th, 2006. 23 COMMISSIONER FEDORKO: Second. 24 CHAIR KASSEKERT: The motion has been 25 made and seconded. All in favor? 26 Item No. 9 1 (Aye.) 2 CHAIR KASSEKERT: Opposed? 3 (No response.) 4 CHAIR KASSEKERT: The motion carries. 5 (The Commission members vote unanimously 6 in favor of the motion.) 7 CHAIR KASSEKERT: Thank you. 8 MR. NANCE: Item Number 9, consideration 9 of final exclusion orders and/or revocation of 10 Michael Chau and Domenico Cutaia. 11 Miss Frigen? 12 MS. FRIGEN: Is Mr. Chau or Mr. Cutaia 13 present in the meeting room? 14 (No response.) 15 MS. FRIGEN: Apparently not. 16 Commissioners, following a conference, this is 17 with respect to Mr. Chau, he signed a form 18 waiving his right to a final hearing on both the 19 exclusion petition and the Division's complaint 20 seeking revocation of his casino employee 21 license. Currently both of his matters are ready 22 for final action. 23 Likewise, following the Commission's 24 entry of a preliminary exclusion order, 25 Mr. Cutaia has failed to request a plenary 27 Item No. 9 1 hearing on the petition for final exclusion. So 2 his matter is ready for final action as well. 3 CHAIR KASSEKERT: Thank you. 4 Miss Turi, Mr. Stebbins, you have 5 anything to add? 6 MR. STEBBINS: Nothing to add, Madam 7 Chair. 8 MS. TURI: I also have nothing to add. 9 The papers have already been submitted. 10 CHAIR KASSEKERT: Thank you very much. 11 Any questions? 12 COMMISSIONER EPPS: Madam Chair, I move 13 that we issue final orders of exclusion for 14 Messrs. Chau and Cutaia; further, revoke the 15 casino employee license held by Mr. Chau. 16 VICE CHAIR FRULIO: Second. 17 CHAIR KASSEKERT: The motion has been 18 made and seconded. All in favor? 19 (Aye.) 20 CHAIR KASSEKERT: Opposed? 21 (No response.) 22 CHAIR KASSEKERT: The motion carries. 23 (The Commission members vote unanimously 24 in favor of the motion.) 25 CHAIR KASSEKERT: Thank you. 28 Item No. 10 1 MR. NANCE: Item Number 10, consideration 2 of forfeiture orders in State versus Atlantic 3 City Showboat, Inc., et al.; Caesars 4 Entertainment, et al.; Resorts International 5 Hotel, Inc., et al.; Marina Associates, et al.; 6 Caesars Entertainment, et al.; and Marina 7 Associates, et al. 8 Miss Frigen? 9 MS. FRIGEN: Good morning, Chair, 10 Commissioners. Karen Wosnack and Patricia Wild 11 are in the audience and available if you have any 12 questions. 13 Let me ask before I go further, whether 14 any of the individuals that were referenced in 15 the complaints are present today? 16 (No response.) 17 MS. FRIGEN: I don't believe so. 18 For your consideration is final action 19 on these complaints wherein the Division seeks 20 forfeiture of money that was won by the 21 individuals because they were on the 22 self-exclusion list at the time. 23 None of the individuals have pursued a 24 hearing on the complaints, and we have received a 25 letter from casino counsel in each case not 29 Item No. 10 1 objecting to the forfeiture action. 2 CHAIR KASSEKERT: Thank you. 3 Mr. Stebbins? 4 MR. STEBBINS: Thank you, Madam Chair, 5 members of the Commission. As Miss Frigen 6 indicated, each one of these circumstances where 7 someone who is self-excluded who had engaged in 8 gaming activity and was discovered with something 9 of value, being jackpot winnings or chips on the 10 table, whatever it might have been, those are 11 secured and proceeded with the paperwork that's 12 now before you as required by statute, and we're 13 here to get the final order from the Commission 14 to forfeit those funds to the State. Thank you. 15 CHAIR KASSEKERT: Thank you. 16 Any questions? 17 COMMISSIONER SOMMELING: No questions, 18 Madam Chair. 19 Madam Chair, due to their being on the 20 self-exclusion on the date of the winnings, the 21 money theoretically won by the individuals cited 22 in the six complaints is forfeited, and the 23 respective casinos are required to remit the 24 forfeited money to the Commission in accordance 25 with N.J.S.A. 5:12-71.3(c). 30 Item No. 11 1 COMMISSIONER EPPS: Second. 2 CHAIR KASSEKERT: The motion has been 3 made and seconded. All in favor? 4 (Aye.) 5 CHAIR KASSEKERT: Opposed? 6 (No response.) 7 CHAIR KASSEKERT: The motion carries. 8 (The Commission members vote unanimously 9 in favor of the motion.) 10 CHAIR KASSEKERT: Thank you. 11 MR. NANCE: Item Number 11, petition of 12 Harrah's Operating Company, Inc., Marina 13 Associates, Atlantic City Showboat, Inc., Bally's 14 Park Place, Inc., and Boardwalk Regency Corp. 15 for permission to allow Grant Ashley to perform 16 the duties and exercise the powers of Vice 17 President of Corporate Security, Surveillance and 18 Investigations pending plenary qualification. 19 Miss Delia? 20 MS. DELIA: Good morning, Chair, 21 Commissioners. A draft resolution has been 22 circulated to the parties. 23 Karen Wosnack is here on behalf of the 24 Petitioners, and Dot Turi is here on behalf of 25 the Division. 31 Item No. 11 1 MS. WOSNACK: Karen Wosnack here on 2 behalf of the Petitioners. I've reviewed the 3 resolution and have nothing to add, and urge that 4 you adopt it as written. 5 CHAIR KASSEKERT: Miss Turi? 6 MS. TURI: The Division has received the 7 draft resolution and has reviewed it and has no 8 objections. 9 CHAIR KASSEKERT: Thank you. 10 Any questions? 11 COMMISSIONER SOMMELING: No questions, 12 Madam Chair. 13 VICE CHAIR FRULIO: Move we adopt the 14 draft resolution and find Grant Ashley 15 temporarily qualified and authorize him to assume 16 the duties and exercise the powers of Vice 17 President of Corporate Security, Surveillance and 18 Investigations for Harrah's Operating Company, 19 Inc. subject to the conditions contained in 20 N.J.A.C. 19:43-2.7, which among other things, 21 require that he file a PHD-MJ and New Jersey 22 Supplemental by March 30th, 2006. 23 COMMISSIONER FEDORKO: Second. 24 CHAIR KASSEKERT: The motion has been 25 made and seconded. This is a roll call vote. 32 Item No. 12 1 MR. NANCE: Commissioner Sommeling? 2 COMMISSIONER SOMMELING: Yes. 3 MR. NANCE: Commissioner Epps? 4 COMMISSIONER EPPS: Yes. 5 MR. NANCE: Commissioner Fedorko? 6 COMMISSIONER FEDORKO: Yes. 7 MR. NANCE: Vice Chair Frulio? 8 VICE CHAIR FRULIO: Yes. 9 MR. NANCE: Chair Kassekert? 10 CHAIR KASSEKERT: Yes. 11 MR. NANCE: The record will reflect the 12 motion carries unanimously. 13 Item Number 12, consideration of the 14 qualification of Rose McKinney-James as an 15 Outside Director of MGM Mirage. 16 Miss Delia? 17 MS. DELIA: Rose McKinney-James was found 18 temporarily qualified by the Commission on July 19 6th, 2005. You have a copy of the draft 20 resolution that has been circulated to the 21 parties. 22 Nick Casiello is here on behalf of the 23 Petitioner, and Dot Turi is here on behalf of the 24 Division. 25 CHAIR KASSEKERT: Good morning, 33 Item No. 12 1 Mr. Casiello. 2 MR. CASIELLO: Good morning, Madam Chair, 3 Commission. The only comment is, I have reviewed 4 the draft resolution, and it is acceptable to us. 5 Thank you. 6 CHAIR KASSEKERT: Thank you. 7 Miss Turi? 8 MS. TURI: Similarly, the Division has 9 reviewed the draft resolution, and we have no 10 objection to it. 11 CHAIR KASSEKERT: Thank you. 12 Any questions? 13 COMMISSIONER SOMMELING: No questions, 14 Madam Chair. 15 COMMISSIONER FEDORKO: Motion to adopt 16 the draft resolution and find Rose McKinney-James 17 qualified to serve as a Director of MGM Mirage. 18 VICE CHAIR FRULIO: Second. 19 CHAIR KASSEKERT: The motion has been 20 made and seconded. This is a roll call vote. 21 MR. NANCE: Commissioner Sommeling? 22 COMMISSIONER SOMMELING: Yes. 23 MR. NANCE: Commissioner Epps? 24 COMMISSIONER EPPS: Yes. 25 MR. NANCE: Commissioner Fedorko? 34 Item No. 13 1 COMMISSIONER FEDORKO: Yes. 2 MR. NANCE: Vice Chair Frulio? 3 VICE CHAIR FRULIO: Yes. 4 MR. NANCE: Chair Kassekert? 5 CHAIR KASSEKERT: Yes. 6 MR. NANCE: The record will reflect the 7 motion carries unanimously. 8 Item Number 13, consideration of the 9 qualification of three Officers of RIH Resorts, 10 LLC and Colony RIH Holdings, Inc. 11 Miss Delia? 12 MS. DELIA: The Commission granted 13 temporary qualification to Mr. Chandler on 14 9/21/05, Mr. Guzzardo on December 14th, '05, and 15 Mr. Fortino on July 20th, '05. A resolution has 16 been circulated to the parties. 17 Pat Wild is here on behalf of the 18 Petitioners, and Ray Marquez is here on behalf of 19 the Division. 20 CHAIR KASSEKERT: Good morning, Miss 21 Wild. 22 MS. WILD: Good morning. I have nothing 23 to add other than to urge the adoption of the 24 resolution as proposed. Thank you. 25 CHAIR KASSEKERT: Mr. Marquez? 35 Item No. 13 1 MR. MARQUEZ: We've reported on plenary 2 qualification, we recommend that you adopt our 3 recommendation. 4 CHAIR KASSEKERT: Thank you. 5 Any questions? 6 COMMISSIONER SOMMELING: No questions, 7 Madam Chair. 8 COMMISSIONER FEDORKO: Motion to adopt 9 the draft resolution and find the following 10 qualifiers of RIH Resorts, LLC, and Colony RIH 11 Holdings, Inc. plenarily qualified: Todd M. 12 Chandler, Vice President of Database Marketing; 13 Joseph J. Guzzardo, Vice President of Corporate 14 Security; and Charles P. Fortino, Senior Vice 15 President of Human Resources. 16 VICE CHAIR FRULIO: Second. 17 CHAIR KASSEKERT: The motion has been 18 made and seconded. This is a roll call vote. 19 MR. NANCE: Commissioner Sommeling? 20 COMMISSIONER SOMMELING: Yes. 21 MR. NANCE: Commissioner Epps? 22 COMMISSIONER EPPS: Yes. 23 MR. NANCE: Commissioner Fedorko? 24 COMMISSIONER FEDORKO: Yes. 25 MR. NANCE: Vice Chair Frulio? 36 Item No. 14 1 VICE CHAIR FRULIO: Yes. 2 MR. NANCE: Chair Kassekert? 3 CHAIR KASSEKERT: Yes. 4 MR. NANCE: The record will reflect the 5 motion carries unanimously. 6 Item Number 14, proposed adoption of 7 amendments to Commission Delegation of Authority 8 Resolution Number 05-02-02-13-D. 9 Mr. BRILIANT? 10 MR. BRILIANT: Good morning, Madam Chair 11 and Commissioners. As the Commission had 12 requested, the staff prepared a draft resolution 13 for the delegated authority and would incorporate 14 two things that would permit the staff under 15 certain circumstances to approve certain proposed 16 Progressive Jackpot transfers. 17 We also incorporated industry request 18 which would permit the staff under certain 19 conditions to waive the requirement that gaming 20 voucher redemption machines be reconciled on a 21 daily basis. Matter is now before you. 22 CHAIR KASSEKERT: Any questions for 23 Mr. Briliant? 24 COMMISSIONER SOMMELING: No questions, 25 Madam Chair. 37 Item No. 15 1 COMMISSIONER EPPS: Move we adopt as 2 amended the resolution delegating the authority 3 to perform certain functions to the Director of 4 Division of Compliance. 5 COMMISSIONER SOMMELING: Second. 6 CHAIR KASSEKERT: The motion has been 7 made and seconded. This is a roll call vote. 8 MR. NANCE: Commissioner Sommeling? 9 COMMISSIONER SOMMELING: Yes. 10 MR. NANCE: Commissioner Epps? 11 COMMISSIONER EPPS: Yes. 12 MR. NANCE: Commissioner Fedorko? 13 COMMISSIONER FEDORKO: Yes. 14 MR. NANCE: Vice Chair Frulio? 15 VICE CHAIR FRULIO: Yes. 16 MR. NANCE: Chair Kassekert? 17 CHAIR KASSEKERT: Yes. 18 MR. NANCE: The record will reflect the 19 motion carries unanimously. 20 Item Number 15, petition of IGT to 21 terminate the Wheel of Fortune $.25 Video Slot 22 System and to transfer its Progressive Jackpot to 23 the Wheel of Fortune $.05 Video Slot System. 24 Mr. Briliant? 25 MR. BRILIANT: Madam Chair, 38 Item No. 15 1 Commissioners, Mr. Previti called me this morning 2 to tell me that he was sick and asked to have the 3 matter heard on the papers. 4 I can also tell you that I have 5 circulated the proposed resolution, he indicated 6 he had no problem with it. Mr. Kimmel is here on 7 behalf of the Division. 8 MR. KIMMEL: Madam Chair, the Division 9 has reviewed the draft resolution, and I have no 10 objection to it. Thank you. 11 CHAIR KASSEKERT: Thank you, Mr. Kimmel. 12 Any questions? 13 COMMISSIONER FEDORKO: Motion to adopt 14 the draft resolution and approve IGT's request to 15 transfer a progressive slot jackpot subject to 16 the conditions in the resolution. 17 COMMISSIONER SOMMELING: Second. 18 CHAIR KASSEKERT: The motion has been 19 made and seconded. All in favor? 20 (Aye.) 21 CHAIR KASSEKERT: Opposed? 22 (No response.) 23 CHAIR KASSEKERT: The motion carries. 24 (The Commission members vote unanimously 25 in favor of the motion.) 39 Public Participation 1 CHAIR KASSEKERT: Commissioner Frulio, 2 can you take charge? I have to go off to another 3 meeting. 4 (Whereupon, Chair Kassekert was excused 5 from the Commission hearing.) 6 VICE CHAIR FRULIO: Is there any member 7 of the public -- 8 MR. NANCE: In accordance with Resolution 9 No. 05-12-14-19, the next closed session of the 10 Commission shall be held on Wednesday, April the 11 5th, 2006 at 9:15 a.m. in the Commission offices. 12 It is now time for the public 13 participation portion of the meeting. 14 VICE CHAIR FRULIO: Is there any member 15 of the public who wishes to be heard? Is there 16 any member who wishes to be heard? 17 You're on. 18 MR. URBACH: Excuse me, I didn't hear 19 you, folks. When you get my age, sometimes 20 first, your eyes go and then the hearing. 21 However, the last thing to go is what I'm so 22 happy for, and I'm not going to mention it in the 23 mixed company. 24 VICE CHAIR FRULIO: This is a family 25 show, we'll just continue. 40 Public Participation 1 Can I have your name, where are you 2 from? 3 MR. URBACH: How close should I get to 4 this? 5 My name is Bert Urbach, U-r-b-a-c-h. 6 VICE CHAIR FRULIO: Where are you from? 7 MR. URBACH: I've spoken to some of your 8 executives and attorneys. 9 VICE CHAIR FRULIO: Where are you from; 10 Mr. Urbach, where are you from? 11 MR. URBACH: I'm from Runnemede, New 12 Jersey. 13 VICE CHAIR FRULIO: Runnemede, okay. 14 Mr. Urbach, we understand that you've 15 spoken to several members of our staff about this 16 particular issue, and we're aware of your 17 concerns, and we would hope that you'd be brief, 18 and that I would also like to add the Division of 19 Gaming thoroughly checks out every aspect of 20 every game before they put it on the floor, and 21 also that I would not believe I've heard of any 22 patron complaint about this issue. 23 So if you just wish to just be brief, 24 and we'll get Mr. Briliant on this right away. 25 MR. URBACH: Okay. As we all understand, 41 Public Participation 1 there's always a first, and maybe this is a 2 first. 3 VICE CHAIR FRULIO: Okay. 4 MR. URBACH: And if it's not a first, 5 there's not a second or anything else. 6 I'm going to discuss machines that I've 7 been introduced to, as everyone in casinos has 8 been introduced to in the past few years, namely, 9 quote unquote, the penny machines, and they're 10 all over. As a matter of fact, I just braced the 11 cold to go to Resorts, which was the first one to 12 open their doors in 1978, or something, Memorial 13 Day, and I checked out some of the penny 14 machines, and the one I noticed that seemed to me 15 to be the most, most potential violation of the 16 history of the slot machines, namely, we all know 17 some of us have never played there, but have been 18 in the casino, quarter machine. You put in one 19 quarter, maybe five quarters, standard quarter 20 machine. On the penny machine, that's not true. 21 I'm going to recount my experience of 10 22 minutes ago, maybe 15 minutes. On the floor of 23 Resorts is a machine, a penny machine, and the 24 title is Striking It Rich, something we all love, 25 it goes from one to 100 pennies, and then you can 42 Public Participation 1 bet one line, two lines, three lines. 2 Obviously, if you bet three line, 3 maximum of 100, it's no longer a penny machine, 4 and I want to qualify that very few pay a penny 5 to penny, but maybe 10 to 20 cents. Now, you're 6 up to three dollars on the penny machine, no 7 signs saying it's a penny to three dollars max. 8 You have to understand that when you 9 punch things in, and that's bad enough, but even 10 worse is, on the machine, off to the right, there 11 are two little buttons about the size of a 12 Chicklet, little Chicklets, maybe three quarters 13 of an inch square, and they are side by side, and 14 I was under the impression, because my memory is 15 not too good at my age, that they may be a couple 16 inches apart; but upon looking at them closely, 17 they're less than one inch apart. And what does 18 one button say? It says "maximum bet". That's 19 the one closest to you when you're sitting down. 20 The next button roughly a half inch to three 21 quarters of an inch away says "repeat bet". 22 Okay? 23 Now, if you're alert, and you really 24 know what you're doing, you will just repeat your 25 bet; but if you punch the maximum bet, which is, 43 Public Participation 1 as I said, half an inch away or so, and you're 2 not aware of it, and then you continue to punch 3 the repeat bet, because you're, presuming, 4 betting 50 cents or 25 cents; and low and behold, 5 maybe for two or three times, you're betting 6 three dollars instead of 50 cents, which is no 7 big thing, and all of you will say, as I will 8 say, well, you know, if you're alert, you're 9 going to see that, all of a sudden, your monies 10 disappearing, if it is disappearing, and you'll 11 repunch, you know, on the console the amount you 12 really want to bet. 13 I've been playing slots ever since the 14 casino opened, maybe a few days later, whatever, 15 and I've never seen a machine, and I don't think 16 anyone of you have seen a machine that has a 17 range of one penny to 300 pennies. Okay? Which 18 doesn't say like one dollar to $300, or one penny 19 to 300 pennies. 20 So, therefore, the first thing I believe 21 the casino commission should do is make sure that 22 once it's down there, it states what it is; one 23 penny, 300 pennies. 24 Now, I'm sure that there are arguments 25 against that, but as far as I'm concerned, 44 Public Participation 1 they're not valid, though I could be wrong, I've 2 been wrong before. 3 I remember years ago, I thought Willkie 4 would beat Roosevelt. He didn't. So, you 5 know -- excuse me, was it Willkie or Dewey. 6 No, Dewey, and you should remember it, 7 you're almost as old as I am. 8 COMMISSIONER FEDORKO: I like you 9 already, keep going. 10 MR. URBACH: I'll tell you, I came down 11 here understanding that you guys were 12 bureaucrats, and I had to decide on a name for 13 you because I didn't want to be mean, and I said 14 that you guys are living in a cocoon, but now I 15 see you're not living in a cocoon, you're just 16 living a happy life, and maybe life of Riley 17 which maybe works, I don't know. I don't see any 18 Rileys. So we're not insulting the Riley family. 19 Okay, that's the first thing. Maybe 20 more important in your minds would be the fact 21 that a player, and I use the word "player" rather 22 than gambler because a lot of people go to the 23 casino on a Saturday night, and they say we're 24 going to play, but they didn't go there really to 25 win. They're players, and that's fine. 45 Public Participation 1 I'm a player sometimes. Most of the 2 times, I'm a gambler because I want to win, and 3 I'm dumb enough to win, give it right back, and 4 then go home, but then again, that supports the 5 whole area. 6 Now, what I want to know is, what did 7 you guys, and don't tell me that the 8 manufacturer, the casino, and I think you have a 9 technical group that analyses the machines and 10 looks them over and breaks them down and goes 11 over them, whatever they do, and then they give 12 you 100 recommendation this machine's okay, put 13 it on the floor. Okay? 14 And I want to know how this particular 15 machine got on the floor, when for the past 20, 16 30 years, every machine that was on the floor, 17 whether it's a quarter machine or a $500 machine, 18 and you have a few of those scattered around in 19 some of the casinos, not maybe all of them, how 20 did you get the machine on the floor that gave 21 you a range of one to 300? Were you aware of it? 22 Yes or no. 23 Can anyone tell me you're aware? 24 VICE CHAIR FRULIO: Mr. Kimmel, would you 25 like to answer this? 46 Public Participation 1 MR. URBACH: I'm sorry? 2 VICE CHAIR FRULIO: Mr. Kimmel is with 3 the Division of Gaming Enforcement. Like my 4 opening statement, they check out every aspect of 5 every game before it's put on the floor with 6 their approval. Mr. Kimmel is with the Division 7 of Gaming, and he'll be very happy to give you a 8 brief answer. 9 MR. BRILIANT: Mr. Vice Chair. 10 MR. URBACH: So he's different from you. 11 MR. BRILIANT: Mr. Vice Chair, I just 12 wanted to remind the Commissioners, this is a 13 comment session; and if a member of the public 14 has comments, they're free to make them, but it's 15 not really designed or intended to be a question 16 and answer type session. So it's really up to 17 the Commission and to Mr. Kimmel if they want to 18 permit that. 19 VICE CHAIR FRULIO: Thank you. 20 MR. BRILIANT: Any comments are welcomed. 21 VICE CHAIR FRULIO: What we'll do, 22 Mr. Urbach, Mr. Kimmel will answer your question 23 after we're finished here, and listen, I asked 24 you to be brief, and you're much more than brief, 25 and I appreciate your comments, and I appreciate 47 Public Participation 1 your concerns, but I'm going to have to continue 2 with this meeting, and ask if anybody else from 3 the public is here to be heard. 4 (No response.) 5 VICE CHAIR FRULIO: If not, I'll accept a 6 motion to adjourn the meeting. 7 COMMISSIONER FEDORKO: Motion to adjourn. 8 COMMISSIONER SOMMELING: Second. 9 VICE CHAIR FRULIO: The motion has been 10 made and seconded. All in favor? 11 (Aye.) 12 VICE CHAIR FRULIO: Opposed? 13 (No response.) 14 VICE CHAIR FRULIO: The motion carries. 15 (The Commission members vote unanimously 16 in favor of the motion.) 17 VICE CHAIR FRULIO: Thank you. 18 We'll be very happy to answer your 19 question, thank you. 20 Thank you, Mr. Kimmel. 21 MR. URBACH: And thank you for your 22 courtesy, gentlemen and ladies. 23 (Whereupon, the proceedings are 24 adjourned at 11:07 a.m.) 25 48 1 C E R T I F I C A T E 2 3 4 I, CHRISTINE STANCO, a Certified 5 Shorthand Reporter and Notary Public of the State 6 of New Jersey, do hereby certify that the 7 foregoing is a true and accurate transcript of 8 the stenographic notes as taken by and before me, 9 on the date and place hereinbefore set forth. 10 11 12 13 14 15 16 17 CHRISTINE STANCO, C.S.R. 18 LICENSE NO. XI00789 19 20 21 22 23 24 25