1 1 STATE OF NEW JERSEY 2 CASINO CONTROL COMMISSION 3 - - - - - - - - - - - - - - - - - - - 4 5 PUBLIC MEETING NO. 06-04-05 6 7 - - - - - - - - - - - - - - - - - - - 8 9 Wednesday, April 5, 2006 10 Atlantic City Commission Offices 11 Joseph P. Lordi Public Meeting Room - First Floor 12 Tennessee Avenue and Boardwalk 13 Atlantic City, New Jersey 08401 14 10:30 a.m. to 11:10 a.m. 15 16 17 Certified Shorthand Reporter: Darlene Sillitoe 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 www.cipolloni-associates.com 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 MICHAEL A. FEDORKO, COMMISSIONER WILLIAM T. SOMMELING, COMMISSIONER 5 PRESENT FOR THE CASINO CONTROL COMMISSION: 6 DARYL W. NANCE, ADMINISTRATIVE ANALYST DANIEL J. HENEGHAN, PUBLIC INFORMATION OFFICER 7 OFFICE OF THE GENERAL COUNSEL: 8 DIANNA W. FAUNTLEROY, GENERAL COUNSEL/EXECUTIVE SECRETARY 9 STEVEN M. INGIS, ASSISTANT GENERAL COUNSEL TERESA M. NAGENGAST, SENIOR COUNSEL 10 SETH H. BRILIANT, SENIOR COUNSEL LON E. MAMOLEN, SENIOR COUNSEL 11 BERNADETTE T. FRIGEN, PROGRAM SUPERVISOR SANDRA DELIA, LEGAL SUPPORT SPECIALIST 12 13 DIVISION OF GAMING ENFORCEMENT: DEPUTY ATTORNEYS GENERAL 14 JAMES FOGARTY, DEPUTY ATTORNEY GENERAL CHARLES F. KIMMEL, DEPUTY ATTORNEY GENERAL 15 RAYMOND MARQUEZ, DEPUTY ATTORNEY GENERAL LOUIS ROGACKI, DEPUTY ATTORNEY GENERAL 16 NORMA STANCIL, DEPUTY ATTORNEY GENERAL 17 18 19 20 21 22 23 24 25 3 1 A P P E A R A N C E S : 2 ITEM NO. 4 STEVEN INGIS, ASSISTANT GENERAL COUNSEL NORMA STANCIL, DAG 3 4 ITEM NO. 6 BERNADETTE T. FRIGIN, PROGRAM SUPERVISOR NORMA STANCIL, DAG 5 6 ITEM NO. 7 BERNADETTE T. FRIGIN, PROGRAM SUPERVISOR NORMA STANCIL, DAG CCC 7 8 ITEM NO. 8 BERNADETTE T. FRIGIN, PROGRAM SUPERVISOR NORMA STANCIL, DAGCCC 9 10 ITEM NO. 9 TERESA M. NAGENGAST, SENIOR COUNSEL LOUIS ROGACKI, DAG 11 TIMOTHY MATTESON, ESQ. FOR: FLATIRON CAPITAL CORP. 12 ITEM NO. 10 SANDRA DELIA, LEGAL SUPPORT SPECIALIST 13 JAMES FOGARTY, DAG 14 ITEM NO. 11 SANDRA DELIA, LEGAL SUPPORT SPECIALIST 15 JAMES FOGARTY, DAG 16 ITEM NO. 12 SANDRA DELIA, LEGAL SUPPORT SPECIALIST RAYMOND MARQUEZ, DAG 17 PATRICIA M. WILD, ESQ. FOR: RIH HOLDINGS, LLC 18 ITEM NO. 13 SANDRA DELIAL, LEGAL SUPPORT SPECIALIST 19 JAMES FOGARTY, DAG 20 ITEM NO. 14 SETH H. BRILIANT, SENIOR COUNSEL CHARLES KIMMEL, DAG 21 FOX ROTHCHILD, LLP BY: NICHOLAS CASIELLO, JR., ESQ. 22 FOR: WMS GAMING, INC. 23 ITEM NO. 18 LON E. MAMOLEN, SENIOR COUNSEL TIMOTHY FICCHI, DAG 24 FOX ROTHCHILD, LLP MARIE JIACOPELLO JONES, ESQ. 25 FOR: SHUFFLE MASTER 4 1 AGENDA PUBLIC MEETING NO. 06-04-05 2 April 5, 2006, 10:30 a.m. ITEM PAGE VOTE 3 1 Ratification of the minutes of 9 9 4 March 15, 2006 2 Applications for employee and casino 5 service industry licenses 32 applications for intial/renewal 10 10 6 Transact Technologies, Incorporated 10 11 Joesph Sarnese 11 11 7 15 applications for initial/renewal 12 12 North American Video, Inc. 12 13 8 Fondacaro Companies, Inc. adj. Reginald Fullwood, Jr. 14 15 9 Stephen E. Heise 14 15 Virginia M. McDowell 14 15 10 Wesley L. Nall, Jr. 14 15 Walter J. Tirrell, III 14 15 11 3 Petition of Atlantic Showboat, Inc., 15 16 (d/b/a Showboat Casino Hotel) for the 12 issuance of a temporary casino key employee license to Brett C. Kline, 13 pursuant to NJSA 5:12-89(e) and to permit him pursuant to NJAC 19:43-2.6 to assume 14 the duties and exercise the powers of Assistant General Manager without first 15 having been found qualified (PRN 0800601) 4 Stipulations of settlement and consent 16 agreements: a) Danielle J. Banton (a/k/a 16 18 17 Danielle J. Keyes) (05-0795-EA) b) Joseph V. Decello (05-0840-EA) 16 18 18 c) Lizbeth Gonzalez (a/k/a 16 18 Lizbeth Brown, Lizbeth Gonzales 16 18 19 (05-0834-ER) d) Christian S. Tunney (06-0004-ER) 16 18 20 e) Marco T. Mejia (05-0875-RC) 16 18 f) Frank N. D'Agostino (05-0832-EA) 16 18 21 g) Ronald Ferraro (05-0732-EA) 16 18 h) Alfine P. Gallaway(05-0841-EA) 16 18 22 i) Diane L. Ozdogan (05-0447-ER,04-0742)16 18 j) Kenneth T. Campbell (06-0082-EA) 16 18 23 k) Carolyn E. Johnson (05-0532-RC) 16 18 l) Mario E. Guzman (a/k/a Guillermo 18 19 24 J. Gonzalez) 5 Request of Geraldine M. Eggers to adj. 25 withdraw her casino key employee license application (05-0710-MI) 5 1 AGENDA CONTINUED ITEM PAGE VOTE 2 6 Reconsideration of Commission final 3 orders due to noncompliance of conditions therein: 4 a) Sherman G. Birkett (05-0803-NC) 19 20 b) Mark Rush (05-0863-NC) 19 20 5 c) Ricky T. White (05-0870-NC) 19 20 7 Petitions for early reapplication: 6 a) Carla A. Jamal (a/k/a adj. Carla Rotellini) (06-0041-RA) 7 b) Sandra L. Lovest (06-0040-RA) 20 31 8 Applications for suspension: 8 a) Marc A. Bongiorno (06-0115-RC) 33 33 b) Margaret E. Harbright (06-0114-RC) 33 33 9 c) Jose D. Molina (06-0120-RC) 33 33 d) Miriam Santiago (06-0121-RC) 33 33 10 9 Petition of Flatiron Capital Corp., 34 36 for exemption from casino service 11 industry licensure (PRN 3330501) 10 Petition of Trump Entertainment 36 38 12 Resorts, Inc., for permission for Richard Weber to perform the duties and exercise 13 the powers of Vice President, Corporate Comptroller pending plenary qualification 14 (PRN 0690608) 11 Consideration of the qualification 38 40 15 of four individual qualifiers of Trump Entertainment Resorts, Inc., (Paul Keller, 16 Jeanne-Marie Wilkins, Brian Savacool, and Dale Black) 17 12 Consideration of the qualification 40 41 of Dorothy Lynn Butler to serve as Vice 18 President of Corporate Development-IT of Resorts International Holding, LLC 19 13 Consideration of the qualification of 42 43 David Krasn to serve as Vice President 20 Of Tax for Boyd Gaming Corporation 14 Petition of WMS Gaming, Inc., for 44 46 21 approval of the "Powerball" multi-casino progressive slot system and its associated 22 slot system agreement pursuant to NJSA 5:12-82(c) and NJAC 19:45-1.39A 23 (PRN 0800609) 15 Proposed publication and temporary 47 48 24 adoption of amendments to NJAC 19:45-1.21 (Written Variance Report Threshold) 25 6 1 AGENDA CONTINUED ITEM PAGE VOTE 2 16 Proposed republication and temporary 48 49 3 adoption of amendments to NJAC 19:45-1.24a(C) (Wire transfers and electronic fund transfers) 4 17 Proposed publication and temporary 49 50 adoption of amendments to NJAC 19:45-1.35 5 (Imprest inventory for supervisors of slot attendants) 6 18 Proposed temporary adoption of 51 55 amendments and new rules for Ultimate 7 Texas Hold'em; authorization of rulemaking experiment for Ultimate Texas Hold'em 8 pursuant to NJSA 5:12-69e 19 Proposed temporary adoption of 55 57 9 amendments and new rule for Pai Gow bonus wager; authorization of rulemaking 10 experiment for Pai Gow bonus wager pursuant to NJSA 5:12-69e 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7 1 E X H I B I T S : 2 ITEM NO. 2 DESCRIPTION PAGE VOTE 3 4 EL-1 Remand for hearings 32 license 10 10 applications 5 EL-2 Grant 15 licenses 12 12 6 EL-3 Grant 5 key license renewals 14 15 7 and for qualification 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Exhibits retained by Commission.) 8 1 (Public Meeting 06-04-05 was commenced 2 at 10:30 a.m.) 3 MR. NANCE: I'd like to read an opening 4 statement: 5 This is to advise the general public 6 that in compliance with Chapter 231 of the 7 Public Laws of 1975 entitled the "Open Public 8 Meetings Act," the New Jersey Casino Control 9 Commission on October 13th, 2005, filed with 10 the Secretary of State at the State House in 11 Trenton an annual meeting schedule. On October 12 14th, copies were mailed to the Press of 13 Atlantic City, the Newark Star Ledger, and the 14 office of the clerk of Atlantic City. 15 Members of the press will be permitted 16 to take photographs, and we would ask that this 17 be done in a manner which is not disruptive or 18 distracting to the Commission. 19 The use of cell phones in the public 20 meeting room while the Commission is in session 21 is prohibited. 22 Any members 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 (The flag salute was recited.) 4 CHAIR KASSEKERT: Good morning. 5 MR. NANCE: Good morning. 6 The matters discussed in closed session 7 were employee and enterprise license matters. 8 The Commissioners approved the March 9 15th, 2006, closed session minutes. 10 Litigation update regarding Warren 11 Lackland and Lewis M. Springer, Jr., versus 12 State of New Jersey and the Casino Control 13 Commission; Gloria Ford versus State of New 14 Jersey, Casino Control Commission, et al, and 15 Tyron J. Floyd versus the Casino Control 16 Commission and Sands Hotel Casino. 17 Item No. 1, ratification of the minutes 18 of March 15th, 2006, public meeting. 19 COMMISSIONER SOMMELING: Motion to 20 approve. 21 COMMISSIONER FEDORKO: Second. 22 CHAIR KASSEKERT: The motion has been 23 made and seconded. All in favor? 24 (Ayes.) 25 CHAIR KASSEKERT: Opposed? 10 1 (No response.) 2 CHAIR KASSEKERT: The motion carries. 3 MR. NANCE: Item No. 2, applications for 4 employee and casino service industry licenses. 5 This agenda item will be entered as Exhibit 6 List 1 and 2. Exhibit List 1 consists of 32 7 applications for initial and/or renewal of 8 casino key and casino employee licenses. 9 The Division has objected to licensure. 10 VICE CHAIR FRULIO: Motion to remand for 11 hearings. 12 COMMISSIONER FEDORKO: Second. 13 CHAIR KASSEKERT: The motion has been 14 made and seconded. All in favor? 15 (Ayes.) 16 CHAIR KASSEKERT: Opposed? 17 (No response.) 18 CHAIR KASSEKERT: The motion carries. 19 MR. NANCE: For consideration is the 20 casino service industry license application of 21 Transact Technologies, Incorporated. 22 The Division has objected to this 23 application. 24 VICE CHAIR FRULIO: Motion to remand for 25 hearing. 11 1 COMMISSIONER FEDORKO: Second. 2 CHAIR KASSEKERT: The motion has been 3 made and seconded. All in favor? 4 (Ayes.) 5 CHAIR KASSEKERT: Opposed? 6 (No response.) 7 CHAIR KASSEKERT: The motion carries. 8 MR. NANCE: Also for consideration is 9 the renewal application of Joseph Sarnese for a 10 casino key employee license and for 11 qualification as Vice President of Table Games 12 Marketing for RIH Acquisition NJ, LLC. 13 The Division has recommended that this 14 application be granted. 15 VICE CHAIR FRULIO: Motion to remand for 16 hearing. 17 COMMISSIONER FEDORKO: Second. 18 CHAIR KASSEKERT: Motion made and 19 seconded. Is this a roll call vote? 20 MR. NANCE: Yes, it is. 21 CHAIR KASSEKERT: It is. Okay. 22 MR. NANCE: Commissioner Sommeling? 23 COMMISSIONER SOMMELING: Yes. 24 MR. NANCE: Commissioner Epps? 25 COMMISSIONER EPPS: Yes. 12 1 MR. NANCE: Commissioner Fedorko? 2 COMMISSIONER FEDORKO: Yes. 3 MR. NANCE: Vice Chair Frulio? 4 VICE CHAIR FRULIO: Yes. 5 MR. NANCE: Chair Kassekert? 6 CHAIR KASSEKERT: Yes. 7 MR. NANCE: The record will reflect that 8 the motion is unanimous. 9 Exhibit List 2 exists of 15 applications 10 for initial and/or renewal of casino key and/or 11 casino key employee licenses. 12 Staff and Division have recommended that 13 these licenses be granted. 14 VICE CHAIR FRULIO: Motion to grant the 15 applications. 16 COMMISSIONER FEDORKO: Second. 17 CHAIR KASSEKERT: The motion has been 18 made and seconded. All in favor? 19 (Ayes.) 20 CHAIR KASSEKERT: Opposed? 21 (No response.) 22 CHAIR KASSEKERT: The motion carries. 23 MR. NANCE: For consideration are the 24 casino service industry license renewal 25 applications of North America Video, Inc., 13 1 pursuant to NJSA 5:12-92(c). 2 Staff and Division have recommended 3 that this application be granted. 4 VICE CHAIR FRULIO: Motion to grant 5 application. 6 COMMISSIONER FEDORKO: Second. 7 CHAIR KASSEKERT: The motion has been 8 made and seconded. All in favor? 9 (Ayes.) 10 CHAIR KASSEKERT: Opposed? 11 (No response.) 12 CHAIR KASSEKERT: The motion carries. 13 MR. NANCE: Also for consideration is 14 the casino service industry license renewal 15 application of Fondacaro Companies, Inc. 16 CHAIR KASSEKERT: Is this matter going 17 to be adjourned? 18 MR. INGIS: Yes, Madame Chair. 19 CHAIR KASSEKERT: Okay. We're going to 20 adjourn this item. 21 COMMISSIONER EPPS: I move we adjourn 22 the Fondacaro matter. 23 COMMISSIONER FEDORKO: Second. 24 CHAIR KASSEKERT: The motion has been 25 made and seconded. All in favor? 14 1 (Ayes.) 2 CHAIR KASSEKERT: Opposed? 3 (No response.) 4 CHAIR KASSEKERT: The motion carries. 5 MR. NANCE: For consideration are the 6 following applications for renewal of casino 7 key employee licenses and for qualification: 8 Reginald Fullwood, Jr., Vice President of 9 Service Strategy for Marina Associates; Stephen 10 E. Heise, Vice President of Human Resources for 11 Adamar of New Jersey, Inc.; Virginia M. 12 McDowell, Vice President and Chief Information 13 Officer for Trump Marina Associates, LLC, Trump 14 Plaza Associates, LLC, and Trump Taj Mahal 15 Associates, LLC; Wesley L. Nall, Jr., Vice 16 President of the IT Operations for Resorts 17 International Hotel, Inc.; and Walter J. 18 Tirrell, III, Executive Director of Property 19 Operations for ACE Gaming, LLC. 20 Staff and the Division have recommended 21 that these applications be granted. 22 VICE CHAIR FRULIO: Motion to grant the 23 license renewals and for qualification. 24 COMMISSIONER FEDORKO: Second. 25 CHAIR KASSEKERT: Motion has been made 15 1 and seconded this is a roll call vote. 2 MR. NANCE: Commissioner Sommeling? 3 COMMISSIONER SOMMELING: Yes. 4 MR. NANCE: Commissioner Epps? 5 COMMISSIONER EPPS: Yes. 6 MR. NANCE: Commissioner Fedorko? 7 COMMISSIONER FEDORKO: Yes. 8 MR. NANCE: Vice Chair Frulio? 9 VICE CHAIR FRULIO: Yes. 10 MR. NANCE: Chair Kassekert? 11 CHAIR KASSEKERT: Yes. 12 MR. NANCE: The record will reflect that 13 the motion is unanimous. 14 Item No. 3, Petition No. 0800601 of 15 Atlantic Showboat, Inc., is requesting the 16 issuance of a temporary casino key employee 17 license to Brett C. Kline pursuant to NJSA 18 5:12-89(e) and to permit him pursuant to NJAC 19 19:43-2.6 to assume the duties and exercise the 20 powers of Assistant General Manager without 21 first having been found qualified. 22 Staff and the Division have recommended 23 that this petition be granted. 24 VICE CHAIR FRULIO: Motion to grant 25 separate key licenses and qualification. 16 1 COMMISSIONER FEDORKO: Second. 2 CHAIR KASSEKERT: The motion has been 3 made and seconded. This is a roll call vote. 4 MR. NANCE: Commissioner Sommeling? 5 COMMISSIONER SOMMELING: Yes. 6 MR. NANCE: Commissioner Epps? 7 COMMISSIONER EPPS: Yes. 8 MR. NANCE: Commissioner Fedorko? 9 COMMISSIONER FEDORKO: Yes. 10 MR. NANCE: Vice Chair Frulio? 11 VICE CHAIR FRULIO: Yes. 12 MR. NANCE: Chair Kassekert? 13 CHAIR KASSEKERT: Yes. 14 MR. NANCE: The record will reflect that 15 the motion is unanimous. 16 Item No. 4. When I call your name, 17 please come forward, standing behind this 18 middle table, spreading across the room so that 19 you may be seen: 20 Danielle Banton, Joseph Decello, Lizbeth 21 Gonzalez, Christian Tunney, Marco Mejia, Frank 22 D'Agostino, Ronald Ferraro, Alfine Gallaway, 23 Diane Ozdogan, Kenneth Campbell, and Carolyn 24 Johnson. 25 CHAIR KASSEKERT: Has everyone whose 17 1 name been called come forward? 2 Sir? 3 MR. GALLAWAY: Alfine Gallaway. 4 CHAIR KASSEKERT: I'm going to ask you 5 to state your names, starting with you, ma'am. 6 MS. JOHNSON: Carolyn Johnson. 7 MR. GALLAWAY: Alfine Gallaway. 8 MR. DECELLO: Joseph Decello. 9 CHAIR KASSEKERT: Okay. In a moment 10 we're going to vote on the stipulations which 11 you've agreed to with the Division of Gaming 12 Enforcement. 13 I'm going to ask at this point if any of 14 you wish to be heard on your matter. You don't 15 have to say anything if you don't want to. 16 Does anyone wish to be heard? 17 No? Okay. 18 Miss Stancil? 19 MS. STANCIL: Chair Kassekert, I'd ask 20 that you grant the -- approve the stipulations. 21 CHAIR KASSEKERT: Thank you. 22 Any questions? 23 COMMISSIONER SOMMELING: Madame Chair, 24 move to approve the stipulations. 25 COMMISSIONER FEDORKO: Second. 18 1 CHAIR KASSEKERT: The motion has been 2 made and seconded. All in favor? 3 (Ayes.) 4 CHAIR KASSEKERT: Opposed? 5 (No response.) 6 CHAIR KASSEKERT: The motion carries. 7 Thank you very much for coming. Good 8 luck. 9 MR. GALLAWAY: All right. 10 MS. JOHNSON: Thank you. 11 MR. DECELLO: Thank you. 12 MR. NANCE: I'd like now to call Mario 13 Guzman. 14 MR. INGIS: Madame Chair, Commissioners, 15 I would ask if Mr. Guzman is present or 16 represented by counsel? Apparently not. 17 This matter is being called separately, 18 Commissioners, because there is a recommended 19 civil penalty in the amount of $250. 20 CHAIR KASSEKERT: Thank you. 21 Miss Stancil? Anything to add? 22 MS. STANCIL: I have nothing further. 23 CHAIR KASSEKERT: Okay. Any questions? 24 COMMISSIONER EPPS: Madame Chair, I move 25 to approve the stipulation and impose a $250 19 1 penalty on Mario Guzman. 2 COMMISSIONER SOMMELING: Second. 3 HAIR KASSEKERT: The motion has been 4 made and seconded. All in favor? 5 (Ayes.) 6 CHAIR KASSEKERT: Opposed? 7 (No response.) 8 CHAIR KASSEKERT: The motion carries. 9 MR. NANCE: Item No. 5, request of 10 Geraldine Eggers to withdraw her casino key 11 employee license application has been 12 adjourned. 13 Item No. 6, reconsideration of 14 Commission final orders due to noncompliance of 15 conditions therein: Sherman Birkett, Mark 16 Rush, and Ricky White. 17 Miss Frigen? 18 MS. FRIGEN: Let me ask whether Mr. 19 Birkett, Mr. Rush, or Mr. White is present or 20 represented? Apparently not. 21 Subsequent to the Commission granting 22 these gentlemen their license applications, 23 they subsequently failed to report on 24 conditions that had been part of their 25 licensure. They also subsequently failed to 20 1 attend conferences to address their 2 noncompliance. Consequently all these are 3 brought before the Commission for 4 reconsideration. 5 CHAIR KASSEKERT: Thank you. 6 Miss Stancil? Anything to add? 7 MS. STANCIL: No. 8 CHAIR KASSEKERT: Any questions? 9 COMMISSIONER SOMMELING: Madame Chair, 10 based upon the noncompliance with reporting 11 conditions set forth in their respective 12 orders, vacate the existing orders and deny the 13 respective license applications. 14 COMMISSIONER FEDORKO: Second. 15 CHAIR KASSEKERT: The motion has been 16 made and seconded. All in favor? 17 (Ayes.) 18 CHAIR KASSEKERT: Opposed? 19 (No response.) 20 CHAIR KASSEKERT: The motion carries. 21 MR. NANCE: Item No. 7, petitions for 22 early reapplication in Carla Jamal has been 23 adjourned for two weeks. 24 And petition for early reapplication for 25 Sandra Lovest. 21 1 Miss Frigen? 2 MS. FRIGEN: Miss Lovest is present. I 3 would ask her to come forward and have a seat 4 at the table. 5 For your consideration is Miss Lovest's 6 petition in which she seeks permission to 7 reapply early for a license registration and/or 8 noncredential hotel employment. 9 By letter dated March 20, the Division 10 has interposed an objection to this petition in 11 its entirety. 12 CHAIR KASSEKERT: Thank you. 13 Miss Lovest, is there anything you'd 14 like to tell us today? 15 You need to be sworn in. You need to 16 rise and be sworn in. 17 MS. LOVEST: Do I need to go over there? 18 CHAIR KASSEKERT: No. Just stand there. 19 20 SANDRA L. LOVEST, was duly sworn to tell 21 the truth and testified as follows: 22 23 MR. NANCE: State your name for the 24 record. 25 MS. LOVEST: Sandra Lovest. 22 1 MR. NANCE: Thank you. 2 You may be seated. 3 CHAIR KASSEKERT: You may proceed. 4 MS. LOVEST: When I did the application, 5 a couple things that was on there was 6 dismissed. I did not know if I had to put them 7 down, because if I had known, I would have put 8 them down. I also right now have my nursing 9 license, and the things that they have that was 10 dismissed, I would not be able to get my 11 nursing license to work in that type of field. 12 And if I had known to put them things down, I 13 would have put everything down. I didn't know. 14 So I didn't put them down. So I went to the 15 courts and got the transcripts and gave them to 16 the young lady, you know, hoping that they 17 would reconsider me and give me a second 18 chance. 19 CHAIR KASSEKERT: Okay. Let me ask if 20 any of the Commissioners have any questions? 21 COMMISSIONER FEDORKO: Not at this time, 22 no. 23 CHAIR KASSEKERT: Yeah. 24 COMMISSIONER SOMMELING: No questions, 25 Madame Chair. 23 1 CHAIR KASSEKERT: Let's hear from the 2 Division, what the Division has to say. 3 MS. STANCIL: Chair Kassekert, Miss 4 Lovest's application was denied, her 5 application, in June of 2001 and this denial or 6 recommendation to deny was based on certain 7 financial matters, which she has addressed at 8 this point. But also on numerous criminal 9 charges filed against her which she -- which 10 were dismissed. 11 Since the denial order, she has also 12 been arrested approximately -- about seven 13 criminal charges have been filed against her 14 for subsequent matters, which include simple 15 assault, harassment. She was indicted in 2001 16 for resisting arrest and tampering with 17 evidence. This involved removing 9 millimeter 18 bullets from a crime scene. 19 In addition, she also had charges for -- 20 bad checks. And as I said, simple assault and 21 again harassment. These charges were also 22 dismissed. She does not have any convictions 23 in her background. 24 However, she failed to disclose these 25 subsequent charges in her petition, which I 24 1 think should be weighed against her in this 2 matter. 3 I believe based on her record of arrests 4 and the fact that she did not disclose these 5 subsequent charges that no special 6 consideration should be given to her, and the 7 petition should be denied. 8 CHAIR KASSEKERT: Can you tell me when 9 the last arrest was made? 10 MS. STANCIL: I can if you'll give me a 11 moment. 12 CHAIR KASSEKERT: Sure. 13 MS. STANCIL: Thank you. 14 The last arrest that we have was in 15 October of 2004. 16 CHAIR KASSEKERT: 2004. Okay. 17 Go ahead. 18 MS. LOVEST: Can I get a chance to 19 speak? 20 These charges -- I never got arrested. 21 I -- if she look on the transcripts that I 22 provided for her, I was the defendant. They 23 was the plaintiff. I signed -- I was in a 24 disruptive relationship. I signed complaints 25 on women on a daily basis. All the time. 25 1 Every time I signed a complaint, they filed a 2 cross claim. The judge found these women 3 guilty and dismissed the charges against me. I 4 mean, I was never arrested. That's why the 5 charges were dismissed. 6 If I would have known that I had to put 7 them things on the reapplication, I would have 8 done it, but I didn't know because they were 9 dismissed. And it didn't interfere with my 10 nursing license, so I didn't think I had to put 11 them. I actually never was arrested. 12 CHAIR KASSEKERT: They were just 13 countercharges? Is that what the record shows? 14 MS. STANCIL: No, it doesn't. We only 15 have a record of her arrest. 16 But if I may add, Chair Kassekert, if 17 the Petitioner is finished? 18 MS. LOVEST: No. 19 And for the check, I had opened a 20 checking accident. I went to Sally's and had 21 bought something for $12. Someone took $1500 22 out of my checking account. I closed that 23 checking account. I had moved. Did not 24 know -- forget about the $12 check. When I was 25 aware of the $12 check, I went and took care of 26 1 it. And the lady dismissed the charges because 2 it was only $12. 3 CHAIR KASSEKERT: Ms. Stancil? 4 MS. STANCIL: Yeah, I believe the 5 question is pretty plain. It states: Have you 6 ever been arrested, charged, or convicted of 7 any crime or offense other than a traffic 8 violation. And I think she's intelligent 9 enough to know what this question means. I 10 just can't accept her explanation that the 11 charges were dismissed, and she didn't think 12 she had to disclose them. 13 CHAIR KASSEKERT: Okay. Let me ask if 14 the Commissioners have any questions. 15 COMMISSIONER FEDORKO: I'd like to hear 16 her answer to that. 17 MS. LOVEST: I had one misdemeanor. I 18 think it was ten years ago, and I did put that. 19 Ma'am, if I would have had known that I had to 20 put them things down, I would have put them 21 down. I work in a nursing field. I cannot 22 work in that type of field with these charges 23 on me. They were dismissed. I never know that 24 these come up on my record. Every time I go to 25 a different facility to work, I never put these 27 1 things down because they never come up because 2 they was dismissed. If I had known to put 3 these things down, trust me, I would have put 4 every one down. 5 I don't want this to hold me against 6 getting my license, not telling the truth 7 because I was being truthful. If I would had 8 known I had to put these down, I definitely 9 would have put them down. 10 CHAIR KASSEKERT: I guess your arguement 11 is because they were countercharges that they 12 were -- 13 MS. LOVEST: Right. That's why I went 14 to the court and got the transcripts to show. 15 And if you look at the transcripts, they show 16 that I was the defendant, and they was the 17 plaintiff. The charges were dismissed against 18 me and the judge charged several of these 19 women. They was found guilty. I wasn't. 20 You know, I was in a disruptive 21 relationship with these women, harassed me all 22 the time. And I've always signed complaints on 23 them. And that's why I went to the court to 24 get the transcripts to prove my innocence. I 25 did not get arrested. They didn't actually 28 1 lock me up. I signed complaints on them and 2 they signed countercomplaints. That's why the 3 judge dismissed. That's why there's no charges 4 on me. They dismissed all them. And found 5 them guilty. I mean, I tried to get the tape 6 so you guys could hear it, but it was $300 each 7 tape. I couldn't afford it. So I thought the 8 transcripts would be enough. 9 MS. STANCIL: Once again, Chair 10 Kassekert, I believe the indictment on the 11 charge of tampering with evidence and resisting 12 arrest couldn't be for the same reasons that 13 the Petitioner has stated. 14 CHAIR KASSEKERT: And when did those 15 charges occur? Is that the October of '04? 16 MS. STANCIL: No. That occurred prior 17 to that. 18 COMMISSIONER EPPS: 2001. 19 MS. STANCIL: That was in Octobr 2001. 20 CHAIR KASSEKERT: Okay. 21 MS. STANCIL: But, nevertheless, these 22 were subsequent charges which should have been 23 disclosed. And I believe that Petitioner also 24 could just have easily jotted these charges 25 down -- I'm sure she was aware of them -- on 29 1 the petition instead of indicating that she had 2 no other subsequent charges. 3 MS. LOVEST: They was dismissed. That's 4 why I didn't know that I had to put these 5 things down. As far as that, the disruptive 6 relationship I was in, we were outside, and my 7 kids' father got shot. I was going crazy on 8 the ground. That's why the charges were 9 dismissed because I was not tampering with 10 evidence. I proved my innocence. 11 CHAIR KASSEKERT: Okay. Let me ask if 12 any of the other Commissioners have any 13 questions? 14 COMMISSIONER FEDORKO: No. 15 CHAIR KASSEKERT: Commissioner Fedorko? 16 COMMISSIONER FEDORKO: Miss Stancil, let 17 me ask you this. All these charges have been 18 dismissed, and her restriction runs out June 19 13th. What do we lose by approving this right 20 now? I mean, we're only talking a couple 21 months. 22 MS. STANCIL: Yes. I understand. And I 23 considered that as well before I spoke. Our 24 position is this, that there should not be any 25 special consideration given to this Petitioner 30 1 on the basis of what she has provided. And I 2 believe she should go through the normal 3 course, submit her application for license, if 4 that's what she wants, and go through the 5 investigation process again. 6 MS. LOVEST: Can I speak? 7 CHAIR KASSEKERT: Sure. 8 MS. LOVEST: So if I have put all these 9 things down, would that mean I would have got 10 my license? I didn't know. When I -- I work 11 in the nursing field. You cannot work in this 12 type of field. 13 CHAIR KASSEKERT: Yuo told us. Yeah. 14 You told us that. 15 MS. LOVEST: You know what I mean? It 16 never came up. They was dismissed. I assume I 17 did not have to put it down because -- 18 CHAIR KASSEKERT: But it doesn't say 19 convicted. 20 MS. LOVEST: But, truly, if I have known 21 this, I definitely would have put it down. 22 They never came up in any jobs. I'm currently 23 working now, and it never came up. So I did 24 not really -- truly didn't know that I had to 25 put these things down. Because if I did, I 31 1 would have put every single one of them down. 2 CHAIR KASSEKERT: Okay. 3 MS. LOVEST: I really would have. 4 CHAIR KASSEKERT: All right. Thank you. 5 Thank you. 6 Any other questions? 7 Mr. Fedorko? Do you want to make a 8 motion? 9 COMMISSIONER FEDORKO: Yeah. Madame 10 Chair, I'm going to make a motion to deny Miss 11 Lovest permission to reapply early for a casino 12 employee license; however, grant her permission 13 to reapply early for a casino service employee 14 registration and/or to obtain employment as a 15 noncredential casino hotel employee. 16 CHAIR KASSEKERT: Is there a second? 17 COMMISSIONER SOMMELING: Second. 18 CHAIR KASSEKERT: The motion has been 19 made and seconded. All in favor? 20 (Ayes.) 21 CHAIR KASSEKERT: Opposed? 22 (No response.) 23 CHAIR KASSEKERT: The motion carries. 24 What we've done, and Bernadette will 25 explain it further to you, is you know, we have 32 1 a concern about applying for a casino employee 2 license at this point. However, we're going to 3 allow you permission to apply early for a 4 casino service employee registration and/or to 5 obtain employment early as a noncredential 6 casino hotel employee. So because of the 7 higher standards that are required as part of a 8 casino license, we have a concern about that. 9 Bernadette will explain the whole thing to you. 10 MS. LOVEST: So when June come, I can 11 reapply? 12 CHAIR KASSEKERT: Yes. 13 MS. LOVEST: I mean, right now, I 14 definitely make good money to go into the hotel 15 department. I'm currently in Dillon School, 16 and I'm to be finished in two weeks. That's 17 why I reapplied early. 18 CHAIR KASSEKERT: I understand that. 19 Yes, you can reapply in June. 20 MS. LOVEST: So when I reapply in June, 21 do I have to come back in front of you guys? 22 CHAIR KASSEKERT: Yes. 23 MS. FRIGEN: I can explain that, the 24 procedure for you at that point. 25 I have one more agenda item. 33 1 CHAIR KASSEKERT: Okay. Thank you. 2 MR. NANCE: Item No. 8, applications for 3 suspension for Marc Bonjioro, Margaret 4 Harbright, Jose Molina, and Miriam Santiago. 5 Miss Frigen? 6 MS. FRIGEN: Yes, sir. Let me ask if 7 any of these individuals are present or 8 represented here today? 9 Apparently not. 10 CHAIR KASSEKERT: Miss Stancil? 11 MS. STANCIL: Chair Kassekert, I would 12 ask that you grant the application. 13 CHAIR KASSEKERT: Thank you. 14 Is there a motion? 15 COMMISSIONER SOMMELING: Move to suspend 16 the credentials, Madame Chair. 17 COMMISSIONER FEDORKO: Second. 18 CHAIR KASSEKERT: The motion has been 19 made and seconded. All in favor? 20 (Ayes.) 21 CHAIR KASSEKERT: Opposed? 22 (No response.) 23 CHAIR KASSEKERT: The motion carries. 24 MS. STANCIL: Thank you. 25 MR. NANCE: Item No. 9, petition of 34 1 Flatiron Capital Corporation for exemption from 2 casino service industry license. 3 Miss Nagengast? 4 MS. NAGENGAST: Good morning, Chair, 5 Commissioners. 6 This matter is before you. Petitioner 7 is seeking an exemption from casino service 8 industry licensure. 9 Tim Matteson is here on behalf of the 10 Petitioner and Louis Rogacki on behalf of the 11 Division. 12 CHAIR KASSEKERT: Thank you. 13 Good morning. 14 MR. MATTESON: Good morning, 15 Commissioners. 16 CHAIR KASSEKERT: You may proceed. 17 MR. MATTESON: Your Honor, as outlined, 18 this is a request of a petition for exemption 19 from licensure by Flatiron Capital Corp. I 20 think the reasons are sufficiently stated in 21 the petition. 22 I'm happy to address any questions that 23 the Commission may have, but the application is 24 also supported by the Division of Gaming 25 Enforcement. 35 1 CHAIR KASSEKERT: Thank you. 2 We'll hear from the Division. 3 MR. ROGACKI: Good morning, Madame 4 Chair, Commissioners. 5 I believe you have DAG McDonough's 6 January 9th, 2006, letter which states that the 7 Petitioner appears to be entitled to the 8 exemption from the licensing requirements of 9 92c based on the fact that they are licensed by 10 the New Jersey Department of Banking and 11 Insurance. 12 And I'll also be happy to answer any 13 questions you may have. 14 CHAIR KASSEKERT: Thank you. 15 Any questions? 16 COMMISSIONER SOMMELING: No questions, 17 Madame Chair. 18 COMMISSIONER FEDORKO: Motion to grant 19 the petition of Flatiron Capital Corporation 20 for an exemption from casino service industry 21 licensure based on it being comparably 22 regulated as permitted by NJSA 5:12-92(c) and 23 NJAC 19:51-1.13. 24 VICE CHAIR FRULIO: Second. 25 CHAIR KASSEKERT: Is there a second? 36 1 The motion has been made and seconded. 2 All in favor? 3 (Ayes.) 4 CHAIR KASSEKERT: Opposed? 5 (No response.) 6 CHAIR KASSEKERT: The motion carries. 7 Thank you. 8 MR. ROGACKI: Thank you very much. 9 MR. NANCE: Item No. 10, petition of 10 Trump Entertainment Resorts, Inc., for 11 permission of Richard Weber to perform the 12 duties and exercise the powers of Vice 13 President, Corporate Comptroller, pending 14 plenary qualification. 15 Miss Delia? 16 MS. DELIA: Good morning, Chair, and 17 Commissioners. 18 A copy of the draft resolution has been 19 distributed to the parties. 20 Counsel for Petitioner was unable to 21 attend today but indicated they have no 22 objection to the resolution. 23 Jim Fogarty is here on behalf of the 24 Division. 25 CHAIR KASSEKERT: Hopefully, Mr. 37 1 Fogarty, that doesn't mean you've changed your 2 mind. 3 MR. FOGARTY: No. I wish I could. It 4 would make it interesting. 5 Good morning, Chair, Commissioners. 6 James Fogarty for the Division of Gaming 7 Enforcement. 8 You have our letter with regard to Mr. 9 Weber. We recommend that you grant the relief 10 sought to exercise the powers of Vice President 11 and the Corporate Controller for Trump 12 Entertainment Resorts, Inc. And I have seen 13 the draft of the resolution. I have no 14 objection to its entry. 15 CHAIR KASSEKERT: Thank you. 16 Any questions for Mr. Fogarty? 17 VICE CHAIR FRULIO: Move to adopt the 18 draft resolution and find Richard Weber 19 temporarily qualified and authorize him to 20 assume the duties and exercise the powers of 21 Vice President, Corporate Comptroller or Trump 22 Entertainment Resorts, Inc., subject to the 23 conditions contained in NJAC 19:43-2.7 which, 24 among other things, require that he file a 25 PHD-NJ and New Jersey Supplemental by April 20, 38 1 2006. 2 COMMISSIONER EPPS: Second. 3 CHAIR KASSEKERT: Motion is made and 4 seconded. 5 This is a roll call vote. 6 MR. NANCE: Commissioner Sommeling? 7 COMMISSIONER SOMMELING: Yes. 8 MR. NANCE: Commissioner Epps? 9 COMMISSIONER EPPS: Yes. 10 MR. NANCE: Commissioner Fedorko? 11 COMMISSIONER FEDORKO: Yes. 12 MR. NANCE: Vice Chair Frulio? 13 VICE CHAIR FRULIO: Yes. 14 MR. NANCE: Chair Kassekert? 15 CHAIR KASSEKERT: Yes. 16 MR. NANCE: Let the record reflect that 17 the motion is unanimous. 18 Item No. 11, consideration of the 19 qualification of four individual qualifiers of 20 Trump Entertainment Resorts, Inc. 21 Miss Delia? 22 MS. DELIA: The Commission granted 23 temporary qualification to Paul Keller on 24 October 19th, 2005, Jeanne-Marie Wilkens, and 25 Brian Savacool on September 21st, 2005, and 39 1 Dale Black on November 16th, 2005. 2 A copy of the draft resolution has been 3 distributed to the parties. Again, counsel for 4 Petitioner has no objection, and Mr. Fogarty is 5 here on behalf of the Division. 6 CHAIR KASSEKERT: Mr. Fogarty? 7 MR. FOGARTY: Yes. We submitted 8 individual letters for each of the four 9 individuals, Mr. Keller, Ms. Wilkins, Mr. 10 Savacool, and Mr. Black, recommending that you 11 qualify these individuals with regard to the 12 specified provisions with Trump Entertainment, 13 Inc., and I have seen the omnibus, if you will, 14 of the resolution on the four individuals, and 15 I have no objection to its entry. 16 CHAIR KASSEKERT: Thank you. 17 Any questions? 18 COMMISSIONER EPPS: Madame Chair, I move 19 that we adopt the draft resolution and find the 20 following qualifiers of Trump Entertainment 21 Resorts, Inc., plenarily qualified: Paul 22 Keller, Executive Vice President of Design and 23 Construction; Jeanne-Marie Wilkins, Vice 24 President of Business Strategy; Brian Savacool, 25 Vice President of Taxation; and Dale Black, 40 1 Executive Vice President and Chief Financial 2 Officer. 3 COMMISSIONER SOMMELING: Second. 4 CHAIR KASSEKERT: Motion made and 5 seconded. This is a roll call vote. 6 MR. NANCE: Commissioner Sommeling? 7 COMMISSIONER SOMMELING: Yes. 8 MR. NANCE: Commissioner Epps? 9 COMMISSIONER EPPS: Yes. 10 MR. NANCE: Commissioner Fedorko? 11 COMMISSIONER FEDORKO: Yes. 12 MR. NANCE: Vice Chair Frulio? 13 VICE CHAIR FRULIO: Yes. 14 MR. NANCE: Chair Kassekert? 15 CHAIR KASSEKERT: Yes. 16 MR. NANCE: The record will reflect that 17 the motion is unanimous. 18 Item No. 12, consideration of the 19 qualification of Dorothy Lynn Butler to serve 20 as Vice President of Corporate Development, IT, 21 of RIH Holdings, LLC. 22 Miss Delia? 23 MS. DELIA: The Commission granted 24 temporary qualification to Dorothy Butler on 25 January 4th, 2006. 41 1 The resolution has been distributed. 2 Patricia Wild is here on behalf of the 3 Petitioners, and Ray Marquez is here on behalf 4 of the Division. 5 CHAIR KASSEKERT: Miss Wild? 6 MS. WILD: Good morning, Madame Chair, 7 and members of the Commission. 8 We have reviewed the draft resolution, 9 and I ask for your adoption. 10 CHAIR KASSEKERT: Thank you. 11 Mr. Marquez? 12 MR. MARQUEZ: The Division concurs. 13 CHAIR KASSEKERT: Thank you. 14 Motion? 15 COMMISSIONER FEDORKO: Motion to adopt 16 the draft resolution and find Dorothy Butler 17 qualified to serve as Vice President of 18 Corporate Development, IT, of Resorts 19 International Holdings, LLC. 20 COMMISSIONER EPPS: Second. 21 CHAIR KASSEKERT: Motion made and 22 seconded. 23 This is a roll call vote. 24 MR. NANCE: Commissioner Sommeling? 25 COMMISSIONER SOMMELING: Yes. 42 1 MR. NANCE: Commissioner Epps? 2 COMMISSIONER EPPS: Yes. 3 MR. NANCE: Commissioner Fedorko? 4 COMMISSIONER FEDORKO: Yes. 5 MR. NANCE: Vice Chair Frulio? 6 VICE CHAIR FRULIO: Yes. 7 MR. NANCE: Chair Kassekert? 8 CHAIR KASSEKERT: Yes. 9 MR. NANCE: The record will reflect that 10 the motion is unanimous. 11 Item No. 13, consideration of the 12 qualification of David Krasn to serve as Vice 13 President of Tax for Boyd Gaming Corporation. 14 Miss Delia? 15 MS. DELIA: David Krasn was found 16 temporarily qualified by the Commission on 17 September 21st, 2005. A copy of the draft 18 resolution has been circulated. 19 Counsel for the Petitioner was unable to 20 attend today's meeting. Again, Mr. Fogarty is 21 here on behalf of the Division. 22 CHAIR KASSEKERT: Mr. Fogarty? 23 MR. FOGARTY: I think maybe it has 24 something to do with me? Huh. 25 We have recommended by letter that Mr. 43 1 Krasn be qualified by you for his position as 2 Vice President of Tax for Boyd Gaming 3 Corporation. 4 I've seen a copy of the draft resolution 5 and have no objection to its entry. 6 CHAIR KASSEKERT: Thank you. 7 Any questions? 8 COMMISSIONER SOMMELING: No questions, 9 Madame Chair. 10 COMMISSIONER FEDORKO: Motion to adopt 11 the draft resolution and find David Krasn 12 qualified to serve as Vice President of Tax for 13 Boyd Gaming Corporation. 14 VICE CHAIR FRULIO: Second. 15 CHAIR KASSEKERT: Motion has been made 16 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? 44 1 CHAIR KASSEKERT: Yes. 2 MR. NANCE: The record will reflect that 3 the motion is unanimous. 4 CHAIR KASSEKERT: We're glad you're 5 here, Mr. Fogarty. 6 MR. FOGARTY: Thank you. 7 MR. NANCE: Item No. 14, petition of WMS 8 Gaming, Inc., for approval of the "Powerball" 9 multi-casino progressive slot system and its 10 associated slot system agreement pursuant to 11 NJSA 5:12-82(c) and NJAC 19:45-1.39A? 12 MR. BRILIANT: Good morning, Madame 13 Chair and Commissioners. 14 Mr. Casiello is here on behalf of the 15 Petitioner, and Mr. Kimmel is here on behalf of 16 the Division. 17 CHAIR KASSEKERT: Mr. Casiello, good 18 morning. 19 MR. CASIELLO: Good morning, Chair, 20 Commissioners. 21 Let me introduce Gloria Sloan, who is 22 the Executive Director of Regulatory Compliance 23 for WMS Gaming. 24 MS. SLOAN: Good morning. 25 MR. CASIELLO: This is the particular 45 1 approval of the third WMS system that WMS would 2 like to offer New Jersey. The first one was 3 Monopoly Money, the second was Reel Heroes 4 based on Clint Eastwood, and this one is based 5 on the multistate lottery game called 6 "Powerball." It's a multi-dimension instant 7 pay system. The initial reset amount of the 8 progressive jackpot is $1 million, and if it is 9 approved, it will utilize many of our approvals 10 previously issued by this commission for 11 Monopoly Money. 12 I have reviewed the draft resolution, 13 and it is acceptable. And we would be pleased 14 to answer any questions you have. 15 CHAIR KASSEKERT: Thank you. 16 Any questions for Mr. Casiello before we 17 hear from Mr. Kimmel? 18 COMMISSIONER SOMMELING: No questions, 19 Madame Chair. 20 CHAIR KASSEKERT: Okay. Mr. Kimmel? 21 MR. KIMMEL: Good morning, Chair, 22 Charles Kimmel on behalf of the -- 23 CHAIR KASSEKERT: I stopped him from 24 doing the Super Lawyer. 25 MR. CASIELLO: Thank you. I appreciate 46 1 it. 2 CHAIR KASSEKERT: I'm sorry. You know, 3 I try to maintain decorum up here, and it's 4 tough sometimes. 5 VICE CHAIR FRULIO: It's tough. 6 MR. KIMMEL: I could announce that 7 counsel for the Division is no longer able to 8 attend, but I have reviewed the draft 9 resolution. I have no objection to it being 10 entered. Thank you. 11 CHAIR KASSEKERT: Thank you. Any 12 questions for Mr. Kimmel? 13 I'll entertain a motion, then. 14 COMMISSIONER SOMMELING: Move to adopt 15 the draft resolution and approve the WMS 16 "Powerball" slot system and the associated slot 17 system agreement subject to the conditions in 18 the resolution. 19 COMMISSIONER EPPS: Second. 20 CHAIR KASSEKERT: The motion has been 21 made and seconded. All in favor? 22 (Ayes.) 23 CHAIR KASSEKERT: Opposed? 24 (No response.) 25 CHAIR KASSEKERT: The motion carries. 47 1 Thank you. 2 MR. CASIELLO: A special thank you. I 3 know it's not an easy job, Madame Chair. 4 MS. SLOAN: Thank you very much. 5 COMMISSIONER FEDORKO: And thanks to New 6 Jersey Monthly magazine. 7 MR. NANCE: Item No. 15, the proposed 8 publication and temporary adoption of 9 amendments to NJAC 19:45-1.21. 10 Mr. Briliant? 11 MR. BRILIANT: I was going to say 12 something about some canary feathers, but I 13 won't. 14 This is a -- a wish list item, Madame 15 Chair, from the 2005 list. The gaming industry 16 has requested a variance threshold and the 17 filing of a written report. The proposed 18 amendment that the Staff drafted would continue 19 to require verbal notification of any 20 discrepancies, regardless of amount, but would 21 establish a minimum threshold of greater than 22 $5 for a written report. And the matter is now 23 before you for proposed publication and 24 temporary adoption. 25 CHAIR KASSEKERT: Thank you. 48 1 Any questions? 2 COMMISSIONER SOMMELING: No questions, 3 Madame Chair. 4 VICE CHAIR FRULIO: Approve for 5 publication and temporary adoption. 6 COMMISSIONER FEDORKO: Second. 7 CHAIR KASSEKERT: The motion has been 8 made and seconded. All in favor? 9 (Ayes.) 10 CHAIR KASSEKERT: Opposed? 11 (No response.) 12 CHAIR KASSEKERT: The motion carries. 13 MR. NANCE: Item No. 16, proposed 14 republication and temporary adoption of 15 amendments concerning wire transfers and 16 electronic fund transfers. 17 Mr. Briliant? 18 MR. BRILIANT: As Mr. Nance noted, this 19 is a reproposal. This is a revised procedure 20 for accepting and documenting wire transfers. 21 I wanted to acknowledge the help of Pat 22 Wild in preparing this reproposal. I think and 23 hope that we now have something that the 24 industry can reach a consensus on and is 25 acceptable to them and also to the Staff and to 49 1 the Commission. 2 Under the revised proposal, a casino 3 licensee who receives a wire transfer would 4 have to obtain the sending bank's name as well 5 as its address or its American Banking 6 Association routing number and either the 7 account number or the name on the account from 8 which the funds were transferred or the federal 9 reference number for the wire transfer. 10 CHAIR KASSEKERT: Thank you. 11 Any questions? 12 COMMISSIONER SOMMELING: No questions, 13 Madame Chair. 14 VICE CHAIR FRULIO: Move to approve for 15 republication and temporary adoption. 16 COMMISSIONER FEDORKO: Second. 17 COMMISSIONER EPPS: Second. 18 CHAIR KASSEKERT: The motion has been 19 made and seconded. All in favor? 20 (Ayes.) 21 CHAIR KASSEKERT: Opposed? 22 (No response.) 23 CHAIR KASSEKERT: The motion carries. 24 MR. NANCE: Item No. 17, proposed 25 publication and temporary adoptions of 50 1 amendments to NJAC 19:45-1.35. 2 Mr. Briliant? 3 MR. BRILIANT: Commissioners, 4 regulations presently permit slot attendants to 5 carry an imprestment inventory for the purpose 6 of exchanging currency and coupons presented by 7 a patron or imprestment for currency not 8 exceeding $5,000 to be used for pouch pay-outs. 9 The proposed amendments would simply 10 permit their supervisor to do the same thing. 11 CHAIR KASSEKERT: Thank you. 12 Any questions? 13 COMMISSIONER EPPS: Would the 14 supervisor's imprestment be larger? 15 MR. BRILIANT: No. Would be the same 16 size. 17 COMMISSIONER EPPS: Same thing? It 18 would be just more people walking around with 19 imprestments. 20 I move to approve for publication and 21 temporary adoption. 22 COMMISSIONER SOMMELING: Second. 23 CHAIR KASSEKERT: The motion has been 24 made and seconded. All in favor? 25 (Ayes.) 51 1 CHAIR KASSEKERT: Opposed? 2 (No response.) 3 CHAIR KASSEKERT: The motion carries. 4 MR. BRILIANT: Thank you. 5 CHAIR KASSEKERT: Thank you. 6 MR. NANCE: Item No. 18, proposed 7 temporary adoption of amendments and new rules 8 for Ultimate Texas Hold'em, authorization of 9 rulemaking experiment for Ultimate Texas 10 Hold'em, pursuant to NJSA 5:12-69e. 11 Mr. Mamolen? 12 MR. MAMOLEN: Good morning, Madame 13 Chair. Another new game for you. This one 14 against the Texas Hold'em template against the 15 house. 16 At counsel table is Marie Jones for 17 Shuffle Master and Tim Ficchi for the Division. 18 Basically, the game is one that is 19 similar to the Texas Hold'em Bonus Poker that 20 was recently approved by the Commission, except 21 insofar as the increments for wagering and as 22 far as the timing of the wagers. 23 Unlike that game, this game has -- 24 exposes the turnover cards at the same time. 25 There's also a supplemental trips wager. 52 1 And Marie Jones, I'm certain, can 2 explain any questions that I can't handle about 3 the operation of the game. 4 CHAIR KASSEKERT: Okay. Let's hear from 5 Miss Jones. 6 Good morning. 7 MS. JONES: Good morning, Chair, 8 Commissioners. 9 You have our petition which outlines the 10 game as well as we've reviewed the proposed 11 regulations and urge you to adopt them. 12 I can answer any games -- I haven't 13 played poker in a while, though. So if you 14 have any questions, I'd be happy to address 15 them. 16 CHAIR KASSEKERT: Mr. Frulio? 17 VICE CHAIR FRULIO: Well, guess what? 18 We've played this game, and it is horrible. 19 But we're not going to -- it is absolutely 20 horrible. And confusing. I don't know who's 21 going to play it but, you know, we're not going 22 to stop it. 23 MR. MAMOLEN: Mr. Frulio, there are four 24 casino sponsors for this game. 25 VICE CHAIR FRULIO: I don't care. It's 53 1 horrible. 2 MS. JONES: I'll relay the comments to 3 the client. 4 CHAIR KASSEKERT: Any more questions of 5 a more technical nature? 6 COMMISSIONER SOMMELING: No. 7 CHAIR KASSEKERT: We'll hear from Mr. 8 Ficchi. 9 MR. FICCHI: Thank you, Chair. 10 I can't speak about the game itself. I 11 haven't played it, but apparently there are 12 people that don't like it already. 13 VICE CHAIR FRULIO: You haven't played 14 it. 15 CHAIR KASSEKERT: That's why he's not 16 allowed to gamble. 17 MR. FICCHI: Last month I sent this over 18 to the statisticians for review, and I 19 understand from the chief that he thinks -- 20 hopes that an announcement should be ready by 21 the end of this month for you to have. And as 22 soon as it's ready, I'll turn it in to Mr. 23 Mamolen for you. 24 CHAIR KASSEKERT: Mr. Epps? Looks a 25 little pensive. Any other questions? 54 1 COMMISSIONER SOMMELING: No more 2 questions. 3 VICE CHAIR FRULIO: I don't think I can 4 get through this. 5 COMMISSIONER FEDORKO: I'll make the 6 motion, Madame Chair, to preliminarily approve 7 Ultimate Texas Hold'em as a new game compatible 8 with the public interest, pursuant to section 5 9 of the Act; to authorize the publication of the 10 notice of temporary adoption which will permit 11 a test of the Ultimate Texas Hold'em to begin 12 on or after May the 8th, 2006, subject to the 13 conditions listed below and continue for a 14 period of time not to exceed 270 days; and to 15 temporarily adopt the amendments contained in 16 the notice of proposal for the purpose of 17 conducting the above test; and to delegate to 18 the Director of the Division of Compliance the 19 authority to establish the terms and conditions 20 of a test of Ultimate Texas Hold'em and to 21 approve any gaming equipment necessary to the 22 implementation of the test; and condition any 23 test of Ultimate Texas Hold'em upon the filing 24 with and approval by the Division of Compliance 25 of all necessary test submissions for a section 55 1 69e test of Ultimate Texas Hold'em. 2 COMMISSIONER SOMMELING: Second. 3 CHAIR KASSEKERT: The motion has been 4 made and seconded. All in favor? 5 (Ayes.) 6 CHAIR KASSEKERT: Opposed? 7 (No response.) 8 CHAIR KASSEKERT: The motion carries. 9 MS. JONES: Thank you. 10 CHAIR KASSEKERT: We don't won't let you 11 use Commissioner Frulio as your spokesperson. 12 MS. JONES: I actually like Commissioner 13 Fedorko's abuse of Nick, so. Thank you. 14 VICE CHAIR FRULIO: Of course. 15 MR. NANCE: Item No. 19, proposed 16 temporary adoption of amendments and new rule 17 for Pai Gow bonus wager. Authorization of 18 rulemaking experiment for Pai Gow wager 19 pursuant to NJSA 5:12-69e. 20 Mr. Mamolen? 21 MR. MAMOLEN: Commissioners, Madame 22 Chair, this matter is before you for temporary 23 adoption only at this point, an authorization 24 of a test for a new side wager in the 25 authorized game of Pai Gow. Essentially it's 56 1 for any matching of the three dice that are 2 thrown at the beginning of the round of play. 3 Those are normally just used to determine the 4 starting position of the delivery of the Pai 5 Gow tiles. The math is fairly straightforward. 6 I would note for the record that the 7 proprietor of the new game or new wager, I 8 should say, Mr. Frankel and his enterprise, are 9 not yet qualified and that will be delegated -- 10 handled by delegated authority to Licensing 11 Division should you approve it 12 CHAIR KASSEKERT: Thank you. 13 Any questions? 14 VICE CHAIR FRULIO: Move to approve 15 to -- preliminarily approve the Pai Gow bonus 16 wager as a new wager compatible with the public 17 interest pursuant to section 5 of the Act; B, 18 authorize the publication of the notice of 19 temporary adoption, which would permit a test 20 of the new wager to begin on or after May 8th, 21 2006, subject to the conditions listed below 22 and to continue for a period of time not to 23 exceed 270 days; C, temporarily adopt the 24 amendments contained in the notice of proposal 25 for the purpose of conducting the above test; 57 1 D, delegate to the Director of the Division of 2 Compliance the authority to establish the terms 3 and conditions of the test of the new wager; 4 and the condition of any test of Pai Gow bonus 5 wager upon the filing with and approval by the 6 Division of Compliance of all necessary test 7 submission for section 69e test of the new 8 wager. 9 CHAIR KASSEKERT: Is there a second? 10 COMMISSIONER FEDORKO: Second. 11 CHAIR KASSEKERT: The motion has been 12 made and seconded. All in favor? 13 (Ayes.) 14 CHAIR KASSEKERT: Opposed? 15 (No response.) 16 CHAIR KASSEKERT: The motion carries. 17 MR. NANCE: In accordance with 18 resolution No. 05-12-14-19, the next closed 19 session of the Commission shall be held on 20 Wednesday April 19th, 2006, at 9:15 a.m. in the 21 commission office. 22 It is now time for the public 23 participation of the meeting. 24 CHAIR KASSEKERT: Is there anyone from 25 the public that wishes to be heard? 58 1 Seeing no one, I'll declare this portion 2 of the record closed and ask for a motion to 3 adjourn. 4 COMMISSIONER SOMMELING: Motion to 5 adjourn. 6 COMMISSIONER FEDORKO: Second. 7 CHAIR KASSEKERT: The motion has been 8 made and seconded. All in favor? 9 (Ayes.) 10 CHAIR KASSEKERT: Opposed? 11 (No response.) 12 CHAIR KASSEKERT: The motion carries. 13 Thank you. 14 (Meeting 06-04-05 was concluded at 11:10 15 a.m.) 16 17 18 19 20 21 22 23 24 25 59 1 2 C E R T I F I C A T E 3 4 5 I, DARLENE SILLITOE, a Certified 6 Shorthand Reporter and Notary Public of the 7 State of New Jersey, certify that the foregoing 8 is a true and accurate transcript of the 9 proceedings. 10 11 12 I further certify that I am neither 13 attorney, of counsel for, nor related to or 14 employed by any of the parties to the action; 15 further that I am not a relative or employee of 16 any attorney or counsel employed in this case; 17 nor am I financially interested in the action. 18 19 20 DARLENE SILLITOE CSR 21 License No XI01023 22 23 Dated: April 7, 2006 24 My Commission Expires on July 10, 2009 25 ID No 2062871