1 1 STATE OF NEW JERSEY 2 CASINO CONTROL COMMISSION 3 - - - - - - - - - - - - - - - - - - - 4 5 PUBLIC MEETING NO. 06-05-03 6 7 - - - - - - - - - - - - - - - - - - - 8 Wednesday, May 3, 2006 9 Atlantic City Commission Offices 10 Joseph P. Lordi Public Meeting Room - First Floor 11 Tennessee Avenue and Boardwalk 12 Atlantic City, New Jersey 08401 13 10:30 a.m. to 12:00 p.m. 14 15 16 Certified Shorthand Reporter: Darlene Sillitoe 17 - - - - - - - - - - - - - - - - - - - - - - - - - - - 18 19 CIPOLLONI & ASSOCIATES, INC. 20 CERTIFIED SHORTHAND REPORTERS 21 1125 ATLANTIC AVENUE, SUITE 416 22 ATLANTIC CITY, NEW JERSEY 08401 23 (609) 348-9190 24 www.cipolloni-associates.com 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 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 CAROLE R. JACOBSON, SENIOR COUNSEL 10 ROBERT BARNEY, SENIOR COUNSEL TERESA M. NAGENGAST, SENIOR COUNSEL 11 E. DENNIS KELL, ASSISTANT GENERAL COUNSEL LON E. MAMOLEN, SENIOR COUNSEL 12 BERNADETTE T. FRIGEN, PROGRAM SUPERVISOR SANDRA DELIA, LEGAL SUPPORT SPECIALIST 13 14 DIVISION OF GAMING ENFORCEMENT: 15 DEPUTY ATTORNEYS GENERAL: BRIAN BISCIEGLIA, DEPUTY ATTORNEY GENERAL 16 TIMOTHY FICCHI, DEPUTY ATTORNEY GENERAL CHARLES F. KIMMEL, DEPUTY ATTORNEY GENERAL 17 RICK McDONOUGH, DEPUTY ATTORNEY GENERAL CYRUS P. PITRE, DEPUTY ATTORNEY GENERAL 18 BEVERLY TANNENHAUS, DEPUTY ATTORNEY GENERAL 19 20 21 22 23 24 25 3 1 A P P E A R A N C E S : 2 ITEM NO. 6 CAROLE R. JACOBSON, SENIOR COUNSEL BEVERLY TANNENHAUS, DAG 3 DONNA MICHAEL-ZIEREIS, ESQ. FOR: ADAMAR OF NJ 4 ITEM NO. 8 BERNADETTE T. FRIGEN, PROGRAM SUPERVISOR 5 BRIAN BISCIEGLIA, DAG DARRIN LORD, ESQ. 6 FOR: RENEE HUBERMEHL 7 ITEM NO. 9 TERESA M. NAGENGAST, SENIOR COUNSEL RICK McCONOUGH, DAG 8 MICHAEL LAVERY, ESQ. FOR: STANDARD FUNING CORPORATION 9 ITEM NO. 10 TERESA M. NAGENGAST, SENIOR COUNSEL 10 RICK McCONOUGH, DAG MARIE JONES, ESQ. 11 FOR: SUEZ ENERGY RESOURCES, NA 12 ITEM NO. 11 TERESA M. NAGENGAST, SENIOR COUNSEL CYRUS P. PITRE,DAG 13 MANDI LOVE, ESQ. FOR: TRUMP PROPERTIES 14 ITEM NO. 12 E. DENNIS KELL, ASSISTANT GENERAL COUNSEL 15 CHARLES F. KIMMEL, DAG PAMELA HUGHES, ESQ. 16 FOR: ADAMAR OF NJ 17 ITEM NO. 13 E. DENNIS KELL, ASSISTANT GENERAL COUNSEL TIMOTHY FICCHI, DAG 18 LORETTA I. PICKUS,ESQ. FOR: TRUMP TAJ MAHAL ASSOCIATES 19 ITEM NO. 13 E. DENNIS KELL, ASSISTANT GENERAL COUNSEL 20 TIMOTHY FICCHI, DAG NANCY AXRELROD, ESQ. 21 ACE GAMING, LLC 22 23 24 25 4 1 AGENDA PUBLIC MEETING NO. 06-05-03 2 May 3, 2006, 10:30 a.m. ITEM PAGE VOTE 3 1 Ratification of the minutes of 9 9 4 April 19, 2006 2 Applications for employee and 15 16 5 casino service industry licenses 3 Petition of Boardwalk Regency 19 20 6 Corporation (d/b/a Caesars Atlantic City) for the issuance of a temporary 7 casino key employee license to Patrick Ramsey pursuant to NJSA 5:12-89(e) and 8 to permit him pursuant to NJAC 19:43-1.6 to assume the duties and exercise the 9 powers of Vice Preident of Slkots and Security without first having been 10 found qualified (PRN 1080607) 4 Petition of Marina Associates 20 21 11 (d/b/a Harrah's Casino Hotel Atlantic City), Atlantic City Showboat, Inc., 12 Bally's Park Place, Inc., (d/b/a Bally's Atlantic City( and Boardwalk Regency Corp. 13 (d/b/a Caesars Atlantic City) for the issuance of a temporay casino key employee 14 license to James M. Ziereis pursuant to NJSA 5:12-89(3) and to permit him pursuant 15 to NJAC 19:43-2.6 to assume the duties and exercise the powers of Vice Presoident of 16 Convention/Hotel Sales for Atlantic City Operations without first having been found 17 Qualified (PRN 1110606) 5 Stipulations of Settlement and 18 consent agreements: a) George L. Rodriquez 23 24 19 b) Lisa M. Stokes, (a/k/a Lisa Johnson, 23 24 Myisha A. Bullock, Lisa Collier, 20 Betty Prather, Betty West, Lisa Prather, Lisa Kelsey, and Jane Doe 21 c) Jalila A. Brown 23 24 d) Odessa Lawry 23 24 22 e) Rosalind E. Palmer 23 24 f) Brahin T. Patterson 23 24 23 g) Samuel M. Cooke-Cleary 23 24 h) Abdur R. Khademi 23 24 24 i) Arun K. Magon 23 24 j) James E. Miles 23 24 25 k) Zachary Brevard 5 1 AGENDA CONTINUED PUBLIC MEETING NO. 06-05-03 2 May 3, 2006, 10:30 a.m. ITEM PAGE VOTE 3 5 l) Patricia D. Crocker 23 24 4 m) Lorraine M. Fenske 23 24 n) Karen E. Russo 23 24 5 o) Sabrina DeVane 23 24 p) Joesph Saraniti 23 24 6 6 Stipulations of Settlement in 25 26 State v. Adamar of New Jersey, Inc., 7 (d/b/a Tropicana Casino and Resort (05-0892-VC) 8 7 Intial decision of State v. Gordon 26 28 L. McCourt, Jr, (a/k/a Gordon McCourt, 9 Jr.) (04-0820-RC) 8 Application for Suspension in 34 37 10 State v. Renee Habermnehl (06-0071-RC) 9 Petition of Standard Funding Corporation 29 31 11 for exemption from casino service industry licensure (PRN 0230601) 12 10 Petition of Suez Energy Resources NJ, 32 32 Inc., for exemption from nongaming casino 13 service industry licensure (PRN 0390603) 11 Petition of Trump Properties for 38 69 14 declaratory ruling (PRN 0650605) Michael Custodio, sworn 44 15 12 Petition of Adamar of New Jersey, 69 71 Inc., (d/b/a Tropicana Casino and Resort) 16 requesting a temporary waiver of the manual voucher meter requirement of NJAC 17 19:45-1.42(o) pursuant to NJAC 19:40-1.3(d) 13 Petition of Trump Taj Mahal Associates 71 73 18 (d/b/a Trump Taj Mahal Casino Resort) for an amendment to its certificate of 19 operation and casino hotel alcholic beverage license to permit a reconfiguration and 20 expansion of its gaming floor (PRN 1090606) 14 Proposed publication of amendments and 73 74 21 new rules for Two Card Joker Poker 15 Proposed adoption of amendments and new 74 74 22 Rule for the Twenty Point Bonus Wagers ("Lucky Ladies") 23 16 Petition of Ace Gaming, LLC, (t/a 75 77 Sands Casino Hotel) for an amendment to 24 its certificate of operation to expand and reconfigure its gaming floor (PRN 1180609) 25 6 1 AGENDA CONTINUED 2 PUBLIC MEETING NO. 06-05-03 May 3, 2006, 10:30 a.m. 3 ITEM PAGE VOTE 4 17 Petition of Atlantic City Showboat, 22 22 Inc., (t/a Showboat Casino Hotel) for 5 the issuance of a temporary casino key employee license to Kevin Sterling 6 pursuant to NJSA 5:12-89(e) and to permit him, pursuant to NJAC 19:43-2.6 to assume 7 he duties and exercise the powers of Vice President of Food and Beverage without 8 first having been found qualified (PRN 1170609) 9 10 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 ID EVD 3 4 EL-1 Remand for hearings 6 license 15 applications 5 EL-2 Grant 4 licenses 16 6 7 8 (Exhibits retained by Commission.) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8 ITEM NO. 1 1 (Public Meeting 06-05-03 was commenced at 2 10:30 a.m.) 3 MR. NANCE: I'd like to read an opening 4 statement: 5 This is to advise the general public that in 6 compliance with Chapter 231 of the Public Laws of 7 1975 entitled the "Open Public Meetings Act," the 8 New Jersey Casino Control Commission on October 9 13th, 2005, filed with the Secretary of State at the 10 State House in Trenton an annual meeting schedule. 11 On October 14th, copies were mailed to the 12 subscribers. 13 Members of the press will be permitted to 14 take photographs, and we would ask that this be done 15 in a manner which is not disruptive or distracting 16 to the Commission. 17 The use of cellular telephones in the public 18 meeting room while the Commission is in session is 19 prohibited. 20 Any members of the public who wish to 21 address the Commission will be given the opportunity 22 to do so before the Commission adjourns for the day. 23 Please stand for the pledge of allegiance. 24 (The flag salute was recited.) 25 CHAIR KASSEKERT: Good morning. 9 ITEM NO. 1 1 MR. NANCE: Good morning. 2 The matters discussed in closed session were 3 employee and enterprise license matters. 4 The Commission approved the April 19th, 5 2006, closed session minutes. 6 Litigation update regarding Warren Lackland 7 and Louis M. Springer, Jr., versus the State of New 8 Jersey and the Casino Control Commission, Gloria 9 Ford versus the State of New Jersey, Casino Control 10 Commission, et al, and Tyrone Floyd versus Casino 11 Control Commission and Sands Hotel Casino. 12 Item No. 1, ratification of the minutes of 13 April 19th, 2006, public meeting. 14 COMMISSIONER FEDORKO: Motion to approve. 15 VICE CHAIR FRULIO: Second. 16 CHAIR KASSEKERT: The motion has been made 17 and seconded. All in favor? 18 (Ayes.) 19 CHAIR KASSEKERT: Opposed? 20 (No response.) 21 CHAIR KASSEKERT: The motion carries. 22 MR. NANCE: Chair, Commissioners, we have 23 the Commission Employee Recognition Team which would 24 like to address the Commission. 25 MS. SPENGLER: Good morning, Madame Chair, 10 1 Commissioners. I'm before you today during the 2 State's Public Service Recognition Week representing 3 the Commission's Employee Recognition Team and the 4 State Awards Committee. 5 Also with me from the Awards Committee of 6 the ERT is Ed Sysol and Terry Allen and Lori 7 Howardson. Ed will be presenting you with the list 8 of recipients for the 2005 perfect and exemplary 9 attendance awards. Terry and Lori will then provide 10 you with their award for presentation. 11 First, however, I'd like to have stand to be 12 recognized the Commission's 2005 Longevity Award 13 Recipients Jack Plunkett from the Division of 14 Compliance, Operations Unit, and Bruce Band from the 15 Division of Compliance, Inspection Unit. 16 Jack and Bruce were recognized for their 27 17 years each consecutive service with the State of New 18 Jersey at a State award ceremony at the War Memorial 19 in Trenton on Monday. If they can stand, and we'll 20 give them a round of applause. 21 (Applause.) 22 MS. SPENGLER: Now I'd like to turn the 23 presentation over to Ed who will present to you the 24 Commission's attendance awards. Madame Chair, we're 25 going to ask you to step forward. 11 1 MR. SYSOL: I'd like to present you the 2 Commission's attendance award recipients for the 3 calendar year 2005. This year the perfect 4 attendance recipients were offered the choice of the 5 plaque or monogramed portfolios. We have plaques or 6 portfolios and Cross pens for these individuals. 7 First of all, however, I'd like to recognize 8 the following people who were unavailable to attend 9 today: From the Division of Compliance, Inspection 10 Unit: Elaine Campbell, Robert Hudak, Rachel Lester, 11 Glenn MacFadden, Joni Morman, Susan Seager. 12 And then for exemplary people not being able 13 to attend were: Nathan Hall, Mary Beth Butler, John 14 Van Orden; in the Division of Licensing, Andrew 15 Chavez. 16 When I call your name, please come forward 17 to receive your award. For the Division of 18 Compliance, Inspection Unit, Reginald Allen. 19 (Applause and photograph taken.) 20 MR. ALLEN: Thank you. 21 MR. SYSOL: Keith Butler. 22 (Applause and photograph taken.) 23 MR. SYSOL: Leon Daniels. 24 (Applause and photograph taken.) 25 MR. DANIELS: Thank you. 12 1 MR. SYSOL: Cynthia Davis. 2 (Applause and photograph taken.) 3 CHAIR KASSEKERT: She gets something every 4 month. 5 MS. DAVIS: Thank you. 6 MR. SYSOL: Toby Gordon. 7 (Applause.) 8 CHAIR KASSEKERT: People got shy at the last 9 minute. 10 MR. SYSOL: McKenna Mahoney. 11 (Applause.) 12 MR. SYSOL: A special note on Kevin Mahoney. 13 Special achievements, he has 20 consecutive years of 14 perfect attendance. 15 (Applause and photograph taken.) 16 MR. SYSOL: Joyce Miller. 17 (Applause and photograph taken.) 18 MR. SYSOL: Lawrence Reilly. 19 (Applause and photograph taken.) 20 MR. REILLY: Thank you. 21 MR. SYSOL: Leodus Battle. 22 (Applause and photograph taken.) 23 MR. SYSOL: All right. 24 Leodus, please stay there. Madame Chair, we 25 have an additional plaque for Leodus this year, we 13 1 will following this tradition in future years. 2 Leodus, the plaque reads, "In recognition of 3 consecutive 25 years of NO sick time used." 4 (Applause and photograph taken.) 5 MR. SYSOL: Keith Butler? 6 (Applause and photograph taken.) 7 MR. BUTLER: Thank you very much. 8 MR. SYSOL: From the General Counsel's 9 Office, perfect attendance, Dianna Fauntleroy. 10 (Applause and photograph taken.) 11 MR. SYSOL: Daryl Nance. 12 (Applause and photograph taken.) 13 MR. SYSOL: From the Operation Unit, Peggy 14 Suhr. 15 (Applause and photograph taken.) 16 MR. SYSOL: Exemplary attendance, Division 17 of Compliance, Inspection Unit, Andrew Chavez. 18 (Applause and photograph taken.) 19 MR. SYSOL: Division of Licensing, 20 Enterprise License Unit, Bill Carlton. 21 (Applause and photograph taken.) 22 MR. SYSOL: General counsel's office, Ken 23 Doss. 24 (Applause and photograph taken.) 25 MR. SYSOL: Division of Compliance, Rich 14 ITEM NO. 2 1 Franz. 2 (Applause and photograph taken.) 3 CHAIR KASSEKERT: Comments from the peanut 4 gallery. 5 MR. FRANZ: Yeah. Use the word correctly. 6 COMMISSIONER FEDORKO: Good job, Rich. 7 MR. SYSOL: Rochelle Jefferson. 8 (Applause and photograph taken.) 9 MS. JEFFERSON: Thank you. 10 CHAIR KASSEKERT: You're welcome. 11 MR. SYSOL: William Wong. 12 (Applause and photograph taken.) 13 CHAIR KASSEKERT: Congratulations. 14 MR. WONG: Thank you. 15 MR. SYSOL: Lenora Humphreys. 16 (Applause and photograph taken.) 17 CHAIR KASSEKERT: Congratulations. 18 MR. SYSOL: And also to note in Commissioner 19 Mike Epps have received exemplary attendance from 20 the Commission's Office. 21 (Applause.) 22 CHAIR KASSEKERT: And you don't get 23 anything. 24 MR. SYSOL: I'll turn it over to Lisa. 25 MS. SPENGLER: I have one more perfect 15 ITEM NO. 2 1 attendance award, and that's for Ed Sysol. 2 (Applause and photograph taken.) 3 MR. SYSOL: Thanks a lot. 4 MS. SPENGLER: I'd like to thank Terry, 5 Lori, and Ed for all their work. And thank you, 6 Madame Chair, for the presentation. And that 7 concludes the ceremony for today. 8 CHAIR KASSEKERT: Thank you. 9 On behalf of the Commissioners, I'd like to 10 thank everyone for their service. We've got a great 11 group of employees here on who work very hard and 12 are very dedicated to the work they do, and we thank 13 you for what you do. 14 Thank you. 15 MR. NANCE: Item No. 2. 16 CHAIR KASSEKERT: We'll continue. 17 MR. NANCE: Application for employee and 18 casino service industry licenses. This agenda item 19 will be enters as Exhibit List 1 and 2. 20 Exhibit 1 consists of six applications for 21 initial and/or renewal of casino key and casino 22 employee licenses. 23 The Division objected to licensure. 24 VICE CHAIR FRULIO: Motion to remand for 25 hearing. 16 ITEM NO. 2 1 COMMISSIONER FEDORKO: Second. 2 CHAIR KASSEKERT: The motion has been made 3 and seconded. All in favor? 4 (Ayes.) 5 CHAIR KASSEKERT: Opposed? 6 (No response.) 7 CHAIR KASSEKERT: The motion carries. 8 MR. NANCE: For consideration is the casino 9 service industry license applications of Aaron David 10 Associates, Inc., and Gaming Edge Technology, Inc. 11 The Division has objected to these 12 applications. 13 VICE CHAIR FRULIO: Motion to remand for 14 hearing. 15 COMMISSIONER FEDORKO: Second. 16 CHAIR KASSEKERT: The motion has been made 17 and seconded. All in favor? 18 (Ayes.) 19 CHAIR KASSEKERT: Opposed? 20 (No response.) 21 CHAIR KASSEKERT: The motion carries. 22 MR. NANCE: Exhibit List 2 consists of four 23 applications for initial and/or renewal of casino 24 key and casino employee licenses. 25 Staff and the Division have recommended that 17 ITEM NO. 2 1 these licenses be granted. 2 VICE CHAIR FRULIO: Motion to grant the 3 applications. 4 COMMISSIONER FEDORKO: Second. 5 CHAIR KASSEKERT: The motion has been made 6 and seconded. All in favor? 7 (Ayes.) 8 CHAIR KASSEKERT: Opposed? 9 (No response.) 10 CHAIR KASSEKERT: The motion carries. 11 MR. NANCE: For consideration are the casino 12 service industry license for initial and/or renewal 13 application pursuant to NJSA 5:12-92(a) and NJSA 14 5:12-92(c) for Floor Resource, Inc., and Star Group 15 Communications, Inc. 16 Staff and the Division have recommended that 17 these applications be granted. 18 VICE CHAIR FRULIO: Motion to grant the 19 applications. 20 COMMISSIONER FEDORKO: Second. 21 CHAIR KASSEKERT: The motion has been made 22 and seconded. All in favor? 23 (Ayes.) 24 CHAIR KASSEKERT: Opposed? 25 (No response.) 18 ITEM NO. 2 1 CHAIR KASSEKERT: The motion carries. 2 MR. NANCE: For consideration is the 3 qualification of Brian Callaghan in connection with 4 the gaming related casino service industry license 5 of Bally Gaming, Inc., pursuant to NJAC 6 19:51-1.14B(h). 7 Staff and the Division have recommended that 8 this application be granted. 9 VICE CHAIR FRULIO: Motion to find Brian 10 Callaghan plenary qualified in connection with the 11 gaming related casino service license of Bally 12 Gaming, Inc. 13 COMMISSIONER FEDORKO: Second. 14 COMMISSIONER EPPS: Second. 15 CHAIR KASSEKERT: The motion has been made 16 and seconded. All in favor? 17 (Ayes.) 18 CHAIR KASSEKERT: Opposed? 19 (No response.) 20 CHAIR KASSEKERT: The motion carries. 21 MR. NANCE: For consideration are the 22 following applications for renewal of casino key 23 employee licenses and for qualification: John 24 Devaull, manager of Regional Sales of WMS Gaming, 25 Inc.; and George Sparks, III, Vice President of 19 ITEM NO. 3 1 Database Analyst for Ace Gaming, LLC. 2 Staff and the Division have recommended that 3 these applications be granted. 4 VICE CHAIR FRULIO: Motion to grant key 5 license renewals and for qualification. 6 COMMISSIONER FEDORKO: Second. 7 CHAIR KASSEKERT: Motion has been made and 8 seconded. This is a roll call vote. 9 MR. NANCE: Commissioner Sommeling? 10 COMMISSIONER SOMMELING: Yes. 11 MR. NANCE: Commissioner Epps? 12 COMMISSIONER EPPS: Yes. 13 MR. NANCE: Commissioner Fedorko? 14 COMMISSIONER FEDORKO: Yes. 15 MR. NANCE: Vice Chair Frulio? 16 VICE CHAIR FRULIO: Yes. 17 MR. NANCE: Chair Kassekert? 18 CHAIR KASSEKERT: Yes. 19 COMMISSIONER FEDORKO: Yes. 20 VICE CHAIR FRULIO: Yes. 21 CHAIR KASSEKERT: Yes. 22 MR. NANCE: The record will reflect that the 23 motion is unanimous. 24 Item No. 3, Petition No. 108067 of Boardwalk 25 Regency Corp. is requesting the issuance of a 20 ITEM NO. 4 1 temporary casino key employee license to Patrick 2 Ramsey pursuant to NJSA 5:12-89(e) and to permit him 3 pursuant to NJAC 19:43-2.6 to assume the duties and 4 exercise the powers of Vice President of Slots and 5 Security without first having been found qualified. 6 Staff and the Division have recommended that 7 this petition be granted. 8 VICE CHAIR FRULIO: Motion to grant 9 temporary key license and approve 10 COMMISSIONER FEDORKO: Second. 11 CHAIR KASSEKERT: The motion has been made 12 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 that the 24 motion is unanimous. 25 Item No. 4, Petition No. 1110606 of Marina 21 ITEM NO. 4 1 Associates, Atlantic City Showboat, Inc., and 2 Bally's Park Place, Inc., and Boardwalk Regency 3 Corp., is requesting issuance of a temporary casino 4 key employee license to James Ziereis pursuant to 5 NJSA 5:12-89(e) and to permit him pursuant to NJAC 6 19:43-2.6 to assume the duties and exercise the 7 powers of Vice President of Convention/Hotel Sales 8 For Atlantic City Operations without first having 9 been found qualified. 10 Staff and the Division have recommended that 11 this petition be granted. 12 VICE CHAIR FRULIO: Motion to grant 13 temporary key licenses and qualifications. 14 COMMISSIONER FEDORKO: Second. 15 CHAIR KASSEKERT: Motion has been made and 16 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? 22 ITEM NO. 17 1 CHAIR KASSEKERT: Yes. 2 MR. NANCE: The record will reflect that the 3 motion is unanimous. 4 For your consideration Item No. 17, Petition 5 No. 117069 of Atlantic City Showboat, Inc., is 6 requesting the issuance of a temporary casino key 7 employee to Kevin Sterling pursuant NJSA, 5:12-89(e) 8 and to permit him pursuant to NJAC 19:43-2.6 to 9 assume the duties and exercise the powers of Vice 10 President of the Food and Beverage without first 11 having been found qualified. 12 Staff and the Division have recommended that 13 this application be granted. 14 VICE CHAIR FRULIO: Motion to grant 15 temporary license for qualification. 16 CHAIR KASSEKERT: Motion is made and 17 seconded. This is a roll call vote. 18 MR. NANCE: Commissioner Sommeling? 19 COMMISSIONER SOMMELING: Yes. 20 MR. NANCE: Commissioner Epps? 21 COMMISSIONER EPPS: Yes. 22 MR. NANCE: Commissioner Fedorko? 23 COMMISSIONER FEDORKO: Yes. 24 MR. NANCE: Vice Chair Frulio? 25 VICE CHAIR FRULIO: Yes. 23 ITEM NO. 5 1 MR. NANCE: Chair Kassekert? 2 CHAIR KASSEKERT: Yes. 3 MR. NANCE: The record will reflect that the 4 motion is unanimous. 5 Item No. 5, stipulation of settlement and 6 content agreement. When I call your name, please 7 come forward standing behind the center table so 8 that you may be seen: George Rodriquez, Lisa 9 Stokes, Jalila Brown, Odessa Lawry, Rosalind Palmer. 10 Brahin Patterson, Samuel Cleary, Abdur Khademi, Arun 11 Magon, James Miles, Zachary Brevard, Patricia 12 Crocker, Lorraine Fenske, Karen Russo, Sabrina 13 DeVane, and Joseph Saraniti. 14 Mr. Ingis? 15 MR. INGIS: Madame Chair, Commissioners, the 16 staff has nothing to add at this time. 17 CHAIR KASSEKERT: Thank you. I'm going to 18 ask that you each state your name for the record, 19 starting with you, sir. 20 MR. SARANITI: Joseph Saraniti. 21 MR. MILES: James Miles. 22 MR. CLEARY: Samuel Cleary. 23 MR. MAGON: Arun Magon 24 MR. KHADEMI: Abdur Khademi. 25 MR. RODRIQUEZ: George Rodriquez. 24 ITEM NO. 5 1 MS. PALMER: Rosalind Palmer. 2 MS. DeVANE: Sabrina DeVane. 3 MR. LAWARY: Odessa Lawry. 4 MS. RUSSO: Karen Russo. 5 CHAIR KASSEKERT: Thank you. In a moment 6 we're going to vote on the stipulations which you've 7 agreed to with the Division of Gaming Enforcement. 8 I'm going to ask at this point if any of you wish to 9 be heard on your matter. You don't have to say 10 anything in you don't want to. Does anyone wish to 11 be heard? 12 Okay. Mr. Bisceiglia? 13 MR. BISCIEGLIA: Good morning, Chair, Vice 14 Chair, Commissioners. The Division has nothing 15 further in this matter and ask that the stipulations 16 be granted as adopted. Thank you. 17 CHAIR KASSEKERT: Thank you. Any questions? 18 COMMISSIONER SOMMELING: Madame Chair, move 19 to approve the stipulations. 20 COMMISSIONER FEDORKO: Second. 21 CHAIR KASSEKERT: The motion has been made 22 and seconded. All in favor? 23 (Ayes.) 24 CHAIR KASSEKERT: Opposed? 25 (No response.) 25 ITEM NO. 6 1 CHAIR KASSEKERT: The motion carries. 2 Thank you very much for coming. Good luck. 3 MR. NANCE: Item No. 6, stipulation 4 ofsettlement in State versus Adamar of New Jersey, 5 Inc. 6 Miss Jacobson? 7 MS. JACOBSON: Good morning, Chair, 8 Commissioners. Beverly Tannenhaus is here on behalf 9 of the Division and Pamela Hughes is here on behalf 10 of Tropicana. 11 MS. HUGHES: Good morning, ladies and 12 gentlemen. 13 MS. JACOBSON: Under the proposed 14 stipulations the Tropicana admits that it violated 15 the Commission regulations when on July 14th, 2002, 16 it permitted an underage person to play a slot 17 machine. For admitted violations, Respondent shall 18 pay a total civil penalty of $10,000. 19 CHAIR KASSEKERT: Thank you. 20 Anything to add on this matter, Miss 21 Tannenhaus? 22 MS. TANNENHAUS: Good morning, Chair, 23 Commissioners. 24 The Division stands on the papers. We urge 25 you to approve the settlement and if you have any 26 ITEM NO. 7 1 questions, I'm here to answer them. 2 CHAIR KASSEKERT: Thank you. 3 Miss Hughes? 4 MS. HUGHES: Good morning, Chair and 5 Commissioners. We just ask that you approve the 6 settlement. 7 CHAIR KASSEKERT: Thank you. 8 Any questions? 9 COMMISSIONER FEDORKO: Motion to approve the 10 stipulation of settlement and impose a civil penalty 11 of $10,000 against Adamar of New Jersey, Inc, for 12 violation of Commission regulations regarding 13 underage gambling. 14 COMMISSIONER EPPS: Second. 15 VICE CHAIR FRULIO: Second. 16 CHAIR KASSEKERT: The motion has been made 17 and seconded. All in favor? 18 (Ayes.) 19 CHAIR KASSEKERT: Opposed? 20 (No response.) 21 CHAIR KASSEKERT: The motion carries. 22 Thank you. 23 MS. HUGHES: Thank you. 24 MR. NANCE: Item No. 7, initial decision of 25 State versus Gordon L. McCourt, Jr. 27 ITEM NO. 7 1 Mr. Barney? 2 MR. BARNEY: Good morning, Madame Chair, 3 Commissioners. 4 This is an initial decision in a matter 5 which was represented by Arthur Murray of Jacobs & 6 Barbone. Mr. Murphy called me and informed me he's 7 in criminal court this morning and could not attend, 8 and Mr. McCourt declined to attend without his 9 attorney. So we ask that we go ahead based on the 10 papers as they exist. 11 CHAIR KASSEKERT: Thank you. 12 Mr. Bisceiglia? 13 MR. BISCIEGLIA: Thank you, Chair. 14 The Commission has the Division's exceptions 15 of April 12th, 2006, where the Division disagrees 16 with the Commission's finding of waiver to allow Mr. 17 McCourt to hold a casino service employee 18 registration and good cause to allow him to hold 19 employment in a noncredential position. The basis 20 of the Division's argument is that the Division 21 feels that the initial decision ignores the here 22 Commissioners own discussion of the Respondent's 23 assaultive conduct and the short time period since 24 the assaultive conduct occurred. 25 Also, the Respondent provided very little 28 ITEM NO. 9 1 evidence from family members and friends in support 2 of his rehabilitation and failed to provide any 3 witnesses that could be cross-examined by the 4 Division. 5 Based upon these reasons, the Division asks 6 that the initial decision be modified to maintain 7 the disqualification and eliminate the finding of 8 waiver and good cause. 9 Thank you. 10 CHAIR KASSEKERT: Thank you. 11 Any questions for Mr. Bisceiglia? 12 VICE CHAIR FRULIO: Madame Chair, move to 13 deny the exceptions filed by the Division and adopt 14 the initial decision finding Mr. McCourt 15 disqualified from licensure and apply a section 91e 16 waiver to permit him to retain his casino service 17 employee registration. 18 COMMISSIONER FEDORKO: Second. 19 CHAIR KASSEKERT: The motion has been made 20 and seconded. All in favor? 21 (Ayes.) 22 CHAIR KASSEKERT: Opposed? 23 (No response.) 24 CHAIR KASSEKERT: The motion carries. 25 29 ITEM NO. 9 1 MR. BISCIEGLIA: Thank you. 2 MR. NANCE: For your consideration, Item No. 3 9, petition of Standard Funding Corporation for 4 exemption from casino service industry licensure. 5 Miss Nagengast? 6 MS. NAGENGAST: Good morning, Chair and 7 Commissioners. 8 Mr. Lavery is here on behalf of Standard 9 Funding and Rick McDonough is here on behalf of the 10 Division. 11 CHAIR KASSEKERT: Thank you. 12 Good morning, Mr. Lavery. 13 MR. LAVERY: Good morning, Madame Chair, 14 Commissioners. Michael B. Lavery, representing 15 Standard Funding Corporation. 16 This is an application of Standard Funding 17 for a field of commerce exemption pursuant to NJSA 18 5:12-92(c). Standard is exclusively in the business 19 of insurance premium financing. We're currently 20 financing the insurance for Resorts International. 21 The insurance premium financing is statutorily 22 authorized by NJSA 17:16d(1), et seq., regulated by 23 the Department of Banking and Insurance and required 24 to be licensed by the Department of Banking and 25 Insurance. We requested a field of commerce 30 ITEM NO. 9 1 exemption, which the Commission knows that the field 2 of commerce demonstrates it is by a public agency 3 and that license is not deemed necessary in order to 4 protect the public interests or accomplish the 5 policies established by the Act. 6 The insurance premium financing statute 7 requires in order to be licensed that the Applicant 8 prove that they are competent and trustworthy and 9 intends to acts in good faith in the capacity 10 involved in the license applied for; B, that it has 11 a good business representation, has had experience, 12 training, or education so as to be qualified for the 13 business which the license is applied for; and, C, 14 if a corporation is a corporation incorporated under 15 the laws of the state or a foreign corporation 16 authorized to transact business in the State of New 17 Jersey. 18 Standard was qualified to transact business 19 in the State of New Jersey in 1968, and we've been 20 licensed every year since that date. 21 I would submit that the New Jersey 22 Department of Banking and Insurance rules are a 23 sufficient substitute for the Commission's rules, 24 and we would respectfully request that we be 25 permitted the exemption. 31 ITEM NO. 9 1 CHAIR KASSEKERT: Thank you. 2 Mr. McDonough? 3 MR. McDONOUGH: Good morning, Chair. 4 We agree that the relief sought here should 5 be granted. I filed a response dated February 22nd, 6 and I pointed out in my letter that the Commission 7 has in the past granted exemption to similarly 8 situated companies, one of them that was represented 9 by Mr. Lavery here, and by others as well. And we 10 believe that is an appropriate result here. 11 Thank you. 12 CHAIR KASSEKERT: Thank you. 13 Any questions? 14 COMMISSIONER SOMMELING: Madame Chair, I 15 abstain on this vote. 16 CHAIR KASSEKERT: Very good. 17 COMMISSIONER EPPS: Madame Chair, I move to 18 grant the petition of Standard Funding Corporation 19 for an exemption from nongaming related casino 20 service industry licensure based on its comparable 21 regulation pursuant to NJSA 5:12-92(c) and NJAC 22 19:51-1.13 of the Act. 23 VICE CHAIR FRULIO: Second. 24 CHAIR KASSEKERT: The motion has been made 25 and seconded. All in favor? 32 ITEM NO. 10 1 (Ayes.) 2 CHAIR KASSEKERT: Opposed? 3 (No response.) 4 CHAIR KASSEKERT: The motion carries with 5 Commissioner Sommeling abstaining. 6 Thank you. 7 MR. LAVERY: Thank you very much. 8 MR. NANCE: Item No. 10, petition of Suez 9 Energy Resources NA, Inc., for exemption from 10 nongaming casino service industry license. 11 Miss Nagengast? 12 MS. NAGENGAST: Commissioners, Marie Jones 13 is here on behalf of the petition and Rick McDonough 14 on behalf the Division. 15 CHAIR KASSEKERT: Thank you. Good morning, 16 Miss Jones. 17 MS. JONES: Good morning, Chair, 18 Commissioners. 19 I'm Marie Jones here on behalf of Suez 20 Energy Resources. They are also seeking exemption 21 from the nongaming casino service industrial 22 licensing requirement. They are seeking exception 23 based on their New Jersey Board of Public Utilities 24 license. This exemption request is similar to 25 others granted by the Commission, specifically in 33 ITEM NO. 10 1 Select Energy and Hess Energy. 2 I'd be happy to address any questions you 3 have. 4 CHAIR KASSEKERT: Thank you. 5 MR. JONES: Thank you. 6 CHAIR KASSEKERT: Mr. McDonough? 7 MR. McDONOUGH: Good morning. 8 I'm in agreement with Miss Jones. I filed a 9 response on February 22nd, and if you have any 10 questions, I'll be happy to answer them. 11 Thank you. 12 CHAIR KASSEKERT: Thank you. 13 Any questions? 14 COMMISSIONER EPPS: Madame Chair, I move we 15 grant the petition of Suez Energy Resources NA, 16 Inc., for an exemption for nongaming casino industry 17 licensure based on its comparable regulation 18 pursuant to NJSA 5:12-92(c) and NJAC 19:51-1.13 of 19 the Act. 20 COMMISSIONER SOMMELING: Second. 21 HAIR KASSEKERT: The motion has been made 22 and seconded. All in favor? 23 (Ayes.) 24 CHAIR KASSEKERT: Opposed? 25 (No response.) 34 ITEM NO. 8 1 CHAIR KASSEKERT: The motion carries. 2 MS. JONES: Thank you. 3 CHAIR KASSEKERT: Thank you. 4 MS. McDONOUGH: Thank you. 5 MR. NANCE: Commissioners, for your 6 consideration, application for suspension in State 7 versus Renee Habermehl. 8 CHAIR KASSEKERT: This is Item 8? 9 MR. NANCE: Yes. Item 8. 10 Miss Frigen? 11 MS. FRIGEN: Good morning, Madame Chair and 12 Commissioners. You may recall that this matter was 13 adjourned from the Commission's public meeting two 14 weeks ago due to the anticipated change in status 15 with respect to the criminal case. In fact, Mr. 16 Lord has subsequently forwarded to the Commission 17 and the Division a dismissal order indicating that 18 Miss Habermehl's completion of PTI, her charges were 19 dismissed, I believe, on April 20th. 20 Before we hear from Mr. Lord, I think we 21 probably should first hear from the Division 22 regarding a confirmation of its position with this 23 new information. 24 CHAIR KASSEKERT: Sure. 25 Mr. Bisceiglia? 35 ITEM NO. 8 1 MR. BISCIEGLIA: Thank you, Chair. 2 The Division is in receipt of the order of 3 dismissal in this matter that was dated April 20th, 4 2006. 5 Now, regarding the facts of this case, the 6 Division feels that the application for suspension 7 is still warranted and supported in light of the 8 conduct, the time since it, and the written 9 admission on behalf of the Respondent. However, the 10 Division also recognizes that the evidence of the 11 order of dismissal is evidence that weighs in favor 12 of the Respondent and that the Commission will 13 consider it as such. 14 In the event that the application for 15 suspension is denied, the Division would 16 respectfully ask for the following relief: A 17 scheduling -- excuse me -- a settlement conference 18 is currently schedule for this matter on May 9th, 19 2006. The Division would ask that, once again, in 20 the event that the application for suspension is 21 denied that the Commission -- if this matter is not 22 able to be settled at the meeting of May 9th, the 23 Division would ask that an expedited hearing be 24 scheduled in this matter to make sure that the -- 25 the matter's adjudicated in a timely fashion. 36 ITEM NO. 8 1 The Division's concern here is that we could 2 see a several-month lull between the adjudication 3 and based upon the -- the fact that there was a 4 theft from employer and a written admission, this 5 concerns the Division greatly. 6 Thank you. 7 CHAIR KASSEKERT: Thank you very much. 8 Any questions for Mr. Bisceiglia? 9 COMMISSIONER SOMMELING: No questions, 10 Madame Chair. 11 CHAIR KASSEKERT: Mr. Lord? 12 MR. LORD: Madame Chair, Commissioners, 13 Darrin Lord on behalf of Renee Habermehl. 14 As you indicated previously, I did supply an 15 order of dismissal of the charges which is dated 16 April 20th of this year. We are requesting you deny 17 the Division's application. While not getting into 18 the facts of the case, we certainly deny the 19 allegations. We do not feel her conduct rose to the 20 level of over $500. But we do -- certainly have no 21 objection to that, if it's not resolved, going to an 22 expedited hearing. And I don't know what 23 expedited -- on an expedited means. If "expedited" 24 means within 30 or 60 days, that's certainly within 25 my schedule that's fine to be ready to go. I don't 37 ITEM NO. 11 1 know what "expedited" means. 2 MR. BISCIEGLIA: I'm sorry. I should have 3 further clarified that. I would say within a 30-day 4 time period. 5 CHAIR KASSEKERT: Time period. 6 MR. LORD: That is absolutely fine. 7 CHAIR KASSEKERT: Okay. 8 MR. LORD: We would request that you allow 9 her to keep working, and if we don't resolve it on 10 9th, we'll be prepared to go forward with the 11 hearing. 12 CHAIR KASSEKERT: Very good. 13 Any questions? 14 VICE CHAIR FRULIO: Madame Chair, I move to 15 deny the application to suspend Ms. Habermehl's 16 casino employee license, but direct that absent the 17 parties reaching an amicable settlement at the 18 upcoming conference on May 9th, 2006, the case 19 proceed to an expedited hearing on the revocation 20 complaint. 21 COMMISSIONER SOMMELING: Second. 22 CHAIR KASSEKERT: The motion has been made 23 and seconded. All in favor? 24 (Ayes.) 25 CHAIR KASSEKERT: Opposed? 38 ITEM NO. 11 1 (No response.) 2 CHAIR KASSEKERT: The motion carries. 3 Thank you very much. 4 MR. LORD: Thank you. 5 MR. BISCIEGLIA: Thank you, Commissioners. 6 MS. HABERMEHL: Thank you. 7 MR. NANCE: Item No. 11, petition of Trump 8 Properties for declaratory ruling. 9 Miss Nagengast? 10 MS. NAGENGAST: Chair, Commissioners. We 11 have for your consideration a petition filed by the 12 Trump properties seeking a ruling that they be 13 permitted to maintain a reporting-only account with 14 Experion Information, which is a vendor that has 15 been removed from the Commission's active vendors 16 list. 17 Mandi Love is here on behalf of the 18 Petitioners and Cyrus Pitre on behalf of the 19 Division. 20 CHAIR KASSEKERT: Thank you. Good morning, 21 Miss Love. 22 MR. LOVE: Hi. Good morning, Madame Chair 23 and Commissioners. 24 This petition requests that Trump properties 25 be allowed to use a reporting-only account with 39 ITEM NO. 11 1 Experion. Experion is to be barred, I believe, 2 today. As I wish to discuss, a report-only 3 automated account would not constitute continuing 4 business with Experion in contradiction of the 5 order. The benefit of this continued automated 6 relationship is not for Trump or for Experion but 7 for the consumer in order to show that they are not 8 delinquent anymore. 9 Let me tell you how it works. At this point 10 we have already reported someone is delinquent with 11 Experion, and we now want to show when a consumer 12 has paid. We must do so with the reporting agency 13 we intially reported the delinquency to, in this 14 case, Experion for the delinquency to be showed as 15 paid. This is for the public good. Individuals 16 such as yourselves would want your delinquency 17 account to show when you had paid. 18 Experion has thousands of Trump consumer 19 accounts, and we want to make sure consumers know 20 when their account has been paid. This is a 21 requirement of the FCRA, particularly as the 22 Division itself noted under 15 USC section 1681, 23 that we, Trump, shall promptly notify the consumer 24 reporting agency of any corrections or to provide 25 any additional information that is necessary to make 40 ITEM NO. 11 1 the information accurate and complete. Not to do so 2 would leave us potential liable to the consumer. 3 Trump takes very seriously its duty to 4 comply with the FCR regulations. In addition, a 5 reporting-only account would not involve the 6 purchase of any service or product and should not be 7 confused with having a continuing business 8 relationship as contemplated by the Casino Control 9 Act pursuant to NJCA 19:43-10.4(b). In fact, the 10 Division and staff agree we could comply with the 11 FCRA obligations by manual means such as e-mail, 12 fax, phone, or mail. But there are many 13 deficiencies in these types of communications, and 14 we have no way of verifying if the account is 15 actually shown as paid. Credit agencies do not 16 typically work with e-mail, regular mail, or fax. 17 And with this manual means, there's great 18 opportunity for error. We would have no means of 19 accurately and efficiently providing the information 20 to Experion, and no tracking mechanisms would be in 21 place. 22 The Division has already acknowledged that a 23 reporting-only account is not a business 24 relationship if done by manual means. So whether it 25 is done manually or automated and with no benefit to 41 ITEM NO. 11 1 Trump or Experion, with no new delinquencies 2 reported and no new accounts made, wouldn't it make 3 sense to have the process done in the most 4 expeditious and accurate way without unnecessary 5 insufficient paper trails with the only real benefit 6 being to the consumer? 7 Thank you. 8 CHAIR KASSEKERT: Thank you. 9 Before we hear from the Division, let me ask 10 if anyone has some questions. 11 COMMISSIONER SOMMELING: No questions, 12 Madame Chair. 13 CHAIR KASSEKERT: Not yet. 14 Good morning, Mr. Pitre, good morning. 15 MR. PITRE: Good morning, Chair, 16 Commissioners. 17 The Division would like to withdraw its 18 filed report of April 28th and replace it with this 19 filed report of May 2nd. 20 CHAIR KASSEKERT: May 2nd. 21 MR. PITRE: The reason the Division is 22 objecting to this is because it would create too 23 great an opportunity for a business relationship to 24 exist with Experion. Experion had the opportunity 25 to apply for a license, and they withdrew that 42 ITEM NO. 11 1 application. The Commission notified every casino 2 in town in a timely fashion. I believe it was 3 December 2006. An extension was granted beyond the 4 March deadline for Trump and another property. 5 There was -- there's been enough time for 6 Trump to get all the kinks out of its system. Trump 7 can easily notify Experion any time that someone has 8 paid a delinquent account. They can do it through a 9 manual transmission, as they've already indicated. 10 It puts the Act and the regulations at too great of 11 a risk for being violated in order for them to 12 maintain an account with Experion, an account with 13 no other house -- no other casino has asked for in 14 this city. 15 And the Division would respectfully request 16 that you deny Trump's petition. Yes, it may be more 17 cumbersome on them -- upon them. Maybe it will 18 require a little bit more work. But that's -- we 19 cannot take the regs and push them aside just for 20 this convenience. 21 CHAIR KASSEKERT: Thank you. 22 Any questions? 23 Commissioner Epps? 24 COMMISSIONER EPPS: I have a couple 25 questions. Explain to me, Miss Love, a little bit 43 ITEM NO. 11 1 more. Why can't -- you were saying that the ongoing 2 reporting obligation is for the consumer's benefit. 3 Why can't that reporting be done with another 4 company? 5 MS. LOVE: Because if you -- if you start 6 processing a delinquency with Experion, you can't 7 wipe their delinquency out with Trans Union or 8 another company moving forward. You have to utilize 9 the same credit agency that you reported the 10 delinquency with. Otherwise, it will never be wiped 11 out. 12 COMMISSIONER EPPS: But if the -- 13 MS. LOVE: And if you -- I don't mean to 14 interrupt you, but if you say, for instance, that 15 you did go to Trans Union and reported those 16 delinquency, they'd add another seven years on top 17 of that. They'd have to start from the get-go. 18 And I would like to bring up, if you 19 wouldn't mind, Mike Custodio, who is our casino 20 collection manager for more technical information. 21 If you would like. 22 CHAIR KASSEKERT: Sure. Mr. Custodio, would 23 you stand to be sworn in, please. 24 MR. NANCE: You can stand there. 25 44 ITEM NO. 11 1 MICHAEL CUSTODIO, having been duly sworn to 2 tell the truth, testified as follows: 3 4 MR. NANCE: Thank you. 5 CHAIR KASSEKERT: Thank you. Good morning, 6 Mr. Custodio. 7 MR. CUSTODIO: Good morning, Madame Chair. 8 Good morning, Commissioners. 9 COMMISSIONER EPPS: Good morning. 10 I guess my question was if a consumer has a 11 problem with the credit report, don't they have the 12 right to come and have that discrepancy addressed at 13 which time you would then have to address 14 discrepancies and remove it if something was 15 improper. But the fact that you continue to report 16 back and forth with this company, doesn't supersede 17 the fact that this company is not allowed to -- 18 you're not allowed to do business with this company? 19 MS. LOVE: All right. But the fact is if 20 the Division is allowing us to do some kind of 21 manual relationship with them, that still is the 22 same thing as an automated. And wouldn't that be 23 better for everyone involved if it could be done in 24 the most expeditious way? 25 COMMISSIONER EPPS: I guess the question is, 45 ITEM NO. 11 1 is the manual process still beneficial in other 2 jurisdictions whereby they would continue to be 3 reported, and you could also monitor those 4 transactions so you also get a benefit of having 5 that continuing relationship? Is that not fair to 6 say? 7 MR. CUSTODIO: I've spoken with Experion as 8 late as last night and they've communicated to me 9 there is no manual mechanism to report to them other 10 than if there's a customer dispute. Then that would 11 come to us, and then we would answer that question. 12 We have tens of -- we have around -- 13 approximately anywhere between 70 -- 7,000 and 14 10,000 files out there that have been reported. And 15 the federal law gives you seven years to stay on 16 that delinquency of account. And once the seven 17 years is up, it falls off. If we update our files 18 with Trans Union, if a person's been in there for 19 six years and in the system with Experion, I update 20 that file to Trans Union, it slaps another seven 21 years on top of his file, which will be in violation 22 of the federal act. 23 COMMISSIONER EPPS: But now, if I'm that 24 consumer, you've added another seven years on, and I 25 go, no, this is improper. 46 ITEM NO. 11 1 MR. CUSTODIO: Right. 2 COMMISSIONER EPPS: I can have that removed. 3 MR. CUSTODIO: Yes. You can. It's going to 4 be a lengthy process. Number two, we can be sued in 5 reference to that. 6 MR. PITRE: If I may, that would be the 7 consumer. Once you report to the consumer reporting 8 agency then the burden falls upon them. Okay? Your 9 only duty is to furnish the information. So you're 10 telling -- what you're telling the Commission is 11 that if you furnish the information to the reporting 12 agency, that you're going to be sued if the 13 reporting agency doesn't do what it's supposed to 14 do? 15 MR. CUSTODIO: They have no mechanism to 16 track it. If they're barred, our subscriber number 17 disappears. And if I send in a manual update to 18 them, they will probably most likely throw it away. 19 MR. PITRE: Well, then -- 20 MR. CUSTODIO: I can't speak for them. What 21 they will do for it. There's no way of tracking it. 22 There's no way of tracking it. If we do it 23 manually, there's no way to verify whether it's been 24 done or not. 25 COMMISSIONER EPPS: Why isn't this a problem 47 ITEM NO. 11 1 for any other property. 2 MR. CUSTODIO: I don't know. I can't speak 3 for any other property. But I've worked at Trump 4 Marina. I've worked at Trump Taj Mahal, and we 5 report, as soon as we go to litigation status, we 6 report each file as a delinquency, a collection 7 account to the credit bureaus. 8 Some casinos in town don't bother doing 9 that. We feel that it's a better mechanism for us 10 to track and also help, you know, in our collections 11 as well, as trying to help our attorneys. Because 12 if our attorneys fail to get a judgment, or they 13 fail to find the person to get a judgment, they will 14 fall through the cracks. They close the file for 15 unability to locate. And the collection file is 16 sitting out there as a safety net for -- 17 Now, I don't know about any other casino -- 18 the way they report, so I can only speak for Trump. 19 I know the Marina does it. I know the Plaza does 20 it. I know the Taj does it, and all those files are 21 sitting out there. And for some reason, if we're 22 not allowed to do it, we can't communicate, if 23 something manually does come in, we will comply and 24 fill the stuff out. But whose to say if those files 25 will be purged, when they will be purged, if they 48 ITEM NO. 11 1 are purged. I don't know. 2 COMMISSIONER EPPS: I have one additional 3 question. You testified that Experion said there's 4 no manual process. 5 MR. CUSTODIO: Right. 6 COMMISSIONER EPPS: That's what you said. 7 MR. CUSTODIO: Yes. 8 COMMISSIONER EPPS: So what you're saying is 9 you can't send them a letter explaining what the 10 situation. They won't accept it. I mean, I don't 11 understand what you said, there is no manual 12 process. 13 MR. CUSTODIO: The contact I had yesterday 14 from the representative said there's no manual 15 mechanism. Because over the past few years, they've 16 gone a hundred percent automated. I'm sure there -- 17 there's something there. But he said to me on -- on 18 my answering machine -- on my voice mail saying they 19 would not be able to provide a manual mechanism for 20 us to report to them. 21 MR. PITRE: My argument would be that burden 22 would then fall upon the consumer reporting agency. 23 And the Trump -- there would be no liability for 24 Trump in that respect. 25 MS. LOVE: Excuse me. I'm sorry. I still 49 ITEM NO. 11 1 don't understand, though? If we're allowed -- if 2 the Division is saying that we could do something 3 manually with Experion, that is still some sort of 4 business relationship. 5 MR. PITRE: It's -- it's -- and my response 6 to that is that we're saying that you can do 7 manually what you're doing with -- rather than use 8 to -- continue this business relationship. Okay? 9 Because you are required under the federal 10 guidelines to do certain things to update and 11 correct any accounts that you have. And that can be 12 done manually. That can be done for any consumer 13 reporting agency that has a delinquency on its 14 reports records from Trump. What's the difference 15 if you had a -- if somebody came in and said Equifax 16 is showing that I owe Trump money. This is wrong. 17 Why -- what would you do in that respect? You would 18 still -- you would have to contact Equifax the duty 19 still falls upon you. 20 MS. LOVE: I understand. But I think the 21 whole basis is how we will comply with the 22 regulations. And if we are going to comply, 23 wouldn't it be best to comply in the best way for 24 the consumer and the public good, which would be 25 automatedly so that everyone, you know, gets it. 50 ITEM NO. 11 1 MR. PITRE: Whether you have an automated 2 account with Equifax -- 3 MS. LOVE: We use Trans Union. 4 MR. PITRE: And any other reporting agency. 5 You're using Trans Union now. 6 MR. CUSTODIO: Something to add. He's 7 saying we could use Trans Union to an account paid 8 to Experion. That wouldn't work. 9 MR. PITRE: That's not what I'm saying. 10 CHAIR KASSEKERT: No. 11 MR. CUSTODIO: I'm sorry. But Equifax 12 wouldn't contact us because we have never reported 13 anything to them. Trans Union wouldn't contact us 14 for something. We just started the relationship 15 with them. We have not reported anything to them. 16 COMMISSIONER EPPS: I don't think that's 17 what he he's saying. He's saying if you have an 18 established relationship with another company, at 19 which time a delinquency would transpire, they would 20 contact you. And, if need be, you would have to 21 address that issue. 22 MR. CUSTODIO: Yes. 23 MR. EPPS: I think that's what the Division 24 is saying. 25 MR. CUSTODIO: But we would have an 51 ITEM NO. 11 1 automated means to contact with Trans Union, we're 2 just starting automation with them right now. We 3 would have automated means to contact them back. 4 COMMISSIONER EPPS: Well, go ahead. 5 CHAIR KASSEKERT: Let me ask if there are 6 any other questions. 7 Yeah, Commissioner Frulio? 8 VICE CHAIR FRULIO: Why have you not dealt 9 with other outfits like Equifax and Trans Union 10 before? Why you just stuck with Experion now that 11 you find yourself -- 12 MS. LOVE: We have delinquency accounts with 13 them already, so we have to clear them up and show 14 them as paid. We can't do that with any of the -- 15 if we're with Trans Union now, we can't clear up the 16 Experion with Trans Union. We have to clear up 17 those delinquency. 18 VICE CHAIR FRULIO: No. Why haven't you 19 dealt with the other two from the very beginning? 20 Is it economical? 21 MR. CUSTODIO: I believe its a business 22 decision. That's all. I have -- back in the day 23 when I worked with Playboy, we had all three of 24 them. We had Experion. We had -- well, CBA, Trans 25 Union, and Equifax. And it just comes down to they 52 ITEM NO. 11 1 felt comfortable with that deal, you know, that they 2 dealt with them. 3 MS. LOVE: And I again want to reiterate. 4 There's no service. There's no products. There's 5 no benefit to Trump. There's no benefit to 6 Experion. And it's just -- just for the consumer, 7 so that they know if you were one of our players, 8 and you had credit and you extended yourself -- 9 overextended yourself -- and you were delinquent and 10 reporting, you would want to know that it was 11 cleared or paid. And this is the only -- this is 12 the most practical and efficient way to do it. 13 VICE CHAIR FRULIO: But now you find 14 yourself in a bind because Experion does not want to 15 file a CSI application, so you're stuck. That's 16 what I'm getting at. Why did you not at the very 17 beginning deal with the other two companies. Now 18 you find yourself in a bind that you have just 19 Experion and they don't want to fill out the form 20 for CSI. The Division is coming up with a 21 complaint, and now you're stuck. 22 MR. CUSTODIO: Commissioner Frulio, I can 23 answer that. If we were dealing with Trans Union, 24 Experion -- 25 VICE CHAIR FRULIO: And Equifax. 53 ITEM NO. 11 1 MR. CUSTODIO: And we were dealing with all 2 three companies. And I'd be reporting to all three 3 companies. I would still be in the same situation 4 with Experion. 5 VICE CHAIR FRULIO: Yeah. But you could 6 have an outlet. You'd have an outlet. 7 MR. CUSTODIO: No. I wouldn't have an 8 outlet. I'd still be in the same situation we're in 9 now if and when they pay them. And the other two we 10 would just continue our relationship as they are if 11 we had those. 12 COMMISSIONER EPPS: I'm still confused. 13 VICE CHAIR FRULIO: Yeah, I don't 14 understand. 15 COMMISSIONER EPPS: Are you telling me that 16 if you -- if I have a delinquent account and then I 17 pay it -- 18 MR. CUSTODIO: Yes. 19 COMMISSIONER EPPS: -- and you want to send 20 Experion a certified return receipt with a copy to 21 me that says X, Y, Z person has paid their account, 22 they're going to tell you that they would not open 23 that letter and clear up that account? Is that what 24 you're telling me? 25 MR. CUSTODIO: They are telling me -- Mr. 54 ITEM NO. 11 1 Hanson, Mark Hanson, the voice mail, said that they 2 are not having -- they are not opening up a manual 3 communications with us or Atlantic City. Or I don't 4 know what their internals are. I can't answer that. 5 I'm only telling you what I -- what they told me. 6 COMMISSIONER EPPS: So then what you present 7 to the Commission is a company who refuses to do 8 business with the Commission is also going to say 9 not only do we not -- do we refuse to get licensed 10 in New Jersey, but we're going to give you an 11 ultimatum as to the only way we're going to accept 12 the process. So you've got a company not licensed 13 here dictating how business is going to be, you 14 know, done. That's really disturbing to me as I sit 15 here. And I'm supposed to acquiesce to their 16 demands because that's the only way that they're 17 willing to do business in a jurisdiction where they 18 don't want to get licensed? Apparently. I mean, 19 that's what I hear from you. Correct me if I'm 20 wrong. 21 MR. CUSTODIO: You're right on the synopsis, 22 but I'm saying regardless of what they're saying or 23 not saying, it's for the public good. It's for the 24 complaint of the consumer, credit file, consumer's 25 file if it's paid. 55 ITEM NO. 11 1 MS. LOVE: Experion is gaining no -- 2 COMMISSIONER EPPS: What I'm saying is if 3 Experion is refusing to clear up a credit situation 4 because something was sent to them by manual means, 5 I think I do agree with Mr. Pitre. 6 MR. PITRE: That's Experion problem with 7 that consumer in a litigation, not Trump. 8 CHAIR KASSEKERT: And I don't even know -- 9 MR. PITRE: Or the federal government. 10 COMMISSIONER EPPS: You did the right thing. 11 You sent the information. Your hands are done. If 12 the person refuses to accept that person's account, 13 then that person has a serious problem with the 14 consumer. 15 CHAIR KASSEKERT: Didn't they represent -- 16 my understanding was Experion represented that once 17 the relationship between you and they were 18 terminated, that the patron accounts would be 19 deleted from their system. 20 MR. PITRE: That's also the understanding 21 I've received from Experion. 22 MR. CUSTODIO: I've also had a conversation 23 with reference to that. There's no time frame that 24 that would happen. It would be based on the 25 inactivity of the file, which would begin 56 ITEM NO. 11 1 immediately, obviously. And there's no say when 2 they would get to purge the file. There are chances 3 that people will pay in between the purging and the 4 actual, you know, payment. And that would probably 5 get lost in the shuffle. 6 CHAIR KASSEKERT: Commissioner Sommeling, 7 did you have a question? 8 COMMISSIONER SOMMELING: Yes, Madame Chair. 9 How can the Commission find itself in a position to 10 approve what you request when, as Commissioner 11 Frulio had just pointed out, Experion refuses to 12 file a CSI? I mean, how do we make an exception for 13 you in this situation, even though you may have some 14 problems with the business transactions as a result 15 of not being able to do business with them in any 16 way? How can we find ourselves in a position to 17 approve you and open the Pandora's box for anybody 18 to come in with similar problems and ask us for the 19 same kind of relief? I mean, I think it's quite 20 unfair for us to be put in a position to consider 21 something. This is directly contrary to what we 22 require from all companies. 23 MS. LOVE: And I understand that. I do. 24 But my question is that what I don't understand is 25 why if it's about a continuing business 57 ITEM NO. 11 1 relationship, would the Division and staff allow us 2 to do it manually and not automated? What is the 3 difference if it's still constituting some type of 4 relationship with Experion. 5 MR. PITRE: Because it requires you 6 maintaining an account with a company that is not 7 licensed to do business here. 8 CHAIR KASSEKERT: So if it's -- so if it's 9 manually, you're just sending a letter saying, hey, 10 you know, this person is no longer delinquent. 11 MR. PITRE: An e-mail, a letter. 12 COMMISSIONER EPPS: And if you sent -- for 13 example, if you sent it manually and you send a the 14 Commission a copy, and if we get a copy of that 15 letter and you cc the Commission on the letter, 16 you've done your job, and you're being upfront. 17 You're letting the Commission know this is a 18 transmission that we sent. We don't get your 19 electronic transmissions, and we don't monitor your 20 electronic transmissions. Electronic transmissions 21 is like a two-way portal. If information is going 22 back and forth, how do we know the information is 23 not coming -- 24 MS. LOVE: How can we track that? 25 COMMISSIONER EPPS: How can we track that if 58 ITEM NO. 11 1 we leave the portal open? If you write a letter, 2 copy the Commission, we know the letter was sent. 3 That information is done. You've done your job. 4 MR. CUSTODIO: It's a simple screen we type 5 in the notation, send it. That's all we do. And we 6 print that as our backup. That's it. There's no 7 coming back this way. It's only going that way. 8 MS. LOVE: Just letting them know what 9 happened. 10 CHAIR KASSEKERT: Commissioner Fedorko? 11 COMMISSIONER FEDORKO: Mr. Pitre, I want to 12 ask you a question. Why do you think this is just a 13 problem for the Trump properties and not the other 14 casinos? 15 MR. PITRE: To tell you the truth, 16 Commissioner Fedorko, I don't know. Because the 17 other casinos -- there was some interfacing problems 18 that had to be rectified at one other house. That 19 was done. And everybody's moved on. I can't answer 20 that question. I really don't know. Only that 21 Trump has only done business with Experion, and 22 that's what they did business with. And that's what 23 they were stuck with. And they have a number of 24 accounts with Experion. As do -- as did other 25 houses, but nobody's had this problem. 59 ITEM NO. 11 1 MS. LOVE: I also feel that if we don't 2 continue this in an automated way, then they're 3 going to see at Experion that that's a period of 4 inactivity, and they will purge -- they will most 5 likely purge the accounts. And then there's no way 6 to have accurate for consumers, and they could 7 overextend their credit. 8 I mean, this is just for everybody. It 9 might not just be -- there's a lot of ignorance out 10 there, and consumers right might not follow up with 11 their credit reports. 12 MR. PITRE: But that's their personal 13 responsibility. That's not Trump's responsibility. 14 CHAIR KASSEKERT: If no one else has any 15 questions, I think we should take a short recess. 16 (A recess was taken from 11:25 to 11:39 17 a.m.) 18 CHAIR KASSEKERT: We'll go back on the 19 record. 20 Commissioner Epps? 21 MR. PITRE: Chair, if I may before 22 Commissioner Epps speaks? 23 CHAIR KASSEKERT: Sure. 24 MR. PITRE: In follow up to Commissioner 25 Fedorko's question regarding other houses, we will 60 ITEM NO. 11 1 initiate a check of other houses and find out 2 exactly what they are doing or maintaining any 3 contacts with Experion. 4 CHAIR KASSEKERT: Thank you. 5 MS. LOVE: And when I interject a minute? 6 Experion has millions of customers all over the 7 country. And for them to initiate a manual-only 8 receiving mail -- even certified letters -- for two 9 or three people, it would be a ridiculous amount 10 of -- a waste for them. 11 CHAIR KASSEKERT: But, I know, I kind of 12 thing you're missing the point in that these records 13 will be purged. That's part of the requirement. 14 And what we're talking about, you know, is somebody 15 that a consumer who might have a complaint or a 16 concern. But -- 17 MS. LOVE: But we can prevent these records 18 from being purged if we do it automatively. We have 19 no relationship with Experion. We don't care to. 20 It's not -- 21 COMMISSIONER EPPS: They have to be purged. 22 They have to be purged because. 23 MS. LOVE: If there's no relationship --if 24 they are purged, these consumers would be able to 25 get extra credit and overextend themselves and 61 ITEM NO. 11 1 defraud other creditors. If they're purged. 2 They'll be wiped out of monies that they owe that 3 they are delinquent on, and then they'll go out and 4 they'll overextend themselves and defraud another 5 creditor. This is for the consumer. This is not 6 about us wanting Experion. 7 COMMISSIONER EPPS: Wait. Wait. Wait. 8 Experion is not allowed to do business in New 9 Jersey -- with the casinos because of their failure 10 to comply. 11 MS. LOVE: They didn't want to. 12 COMMISSIONER EPPS: They're not permitted. 13 Because that didn't want to. 14 MS. LOVE: It's not a -- 15 CHAIR KASSEKERT: No. 16 COMMISSIONER EPPS: They have to terminate 17 their relationships, and there's no ongoing 18 reporting, so those records will go away. They have 19 to be purged from their system. So there is no 20 ongoing reporting issue. 21 MS. LOVE: But if we do this automated, then 22 they won't have to necessarily purge them, and then 23 the consumers will get the adequate information, the 24 accurate information for when their delinquencies 25 have been paid. 62 ITEM NO. 11 1 CHAIR KASSEKERT: They have to purge them. 2 MS. LOVE: Does that -- 3 CHAIR KASSEKERT: No. I mean, I think that 4 they can't do business here so, therefore, they 5 can't have an ongoing relationship so, therefore, 6 they have to purge the records. So, you know, 7 I'm -- 8 MS. LOVE: But the Division itself says that 9 an automated system is not an ongoing relationship. 10 CHAIR KASSEKERT: But the Division, I think, 11 was only -- 12 MR. PITRE: No. No. No. We didn't say 13 that. Okay? It is an ongoing business 14 relationship. Okay? To have an account, subscriber 15 account or any type of account, with Experion is a 16 ongoing business relationship. Our only concern -- 17 my only concern -- the Division's only concern -- 18 was to make sure that Trump was able to abide by the 19 federal guidelines in place. 20 MS. LOVE: But even sending a certified 21 letter -- 22 MR. PITRE: Will not create any liability 23 for Trump. 24 MS. LOVE: But it's still a relationship. 25 It's still keeping those lines of communication. 63 ITEM NO. 11 1 MR. PITRE: It's not a relationship. It's a 2 duty that you have under the federal. 3 MS. LOVE: Right. But we're not getting 4 anything reciprocal from them. There is no service. 5 There is no monies being extended. This is just for 6 the consumer. This is not just to benefit Experion. 7 We don't care about them. We have Trans Union now. 8 But we want to make sure that the consumers get 9 accurate credits reports. And the only way to do 10 that is to clear up their delinquencies they have 11 with Experion. 12 COMMISSIONER EPPS: The consumer does not 13 escape the debt. 14 CHAIR KASSEKERT: Right. 15 COMMISSIONER EPPS: A judgment on credit 16 debt is the final recourse for Trump. And if 17 judgments are obtained, any credit reporting agency 18 gets the report of a judgment. So that obligation 19 is out there. That's a whole separate track. 20 MS. LOVE: I want Michael to -- 21 MR. CUSTODIO: Commissioner Epps, a lot of 22 the files that we have had judgments are closed for 23 uncollectible because the customer has skipped out 24 or we cannot locate them so, therefore, the attorney 25 when he does his due diligence to try to sue the 64 ITEM NO. 11 1 person, and we can't find them, the attorney closes 2 the file. We write it off, and it's done. 3 My reporting to the credit bureau -- my 4 reporting to the credit bureau puts a collection 5 account out on there. So if the files are purged -- 6 it's like if you owe a hundred thousand dollars and 7 with couldn't find you, we couldn't get a judgment 8 on you, the hundred thousand dollars goes away from 9 his credit report, and he's free to defraud another 10 creditor. 11 COMMISSIONER EPPS: Until you find that 12 person, and you get a judgment. But the point is 13 you can't continue to report to a company that's not 14 doing business in New Jersey. The only time you can 15 communicate with that company is if the consumer 16 says Trump shows up on my credit report. I'm done 17 with Trump. And you then have an obligation to 18 write a letter confirming that person's position. 19 That's the only relationship you have with this 20 company because they're not doing businesses in New 21 Jersey. You don't have an ongoing reporting 22 situation with them. Even if it's only to let them 23 know and not getting anything back. 24 MS. LOVE: I'm just reiterating what Mr. 25 Pitre said in his letter to us. Trump should cease 65 ITEM NO. 11 1 maintaining such an account when it could just as 2 easily meet its FRCA obligations by use utilizing 3 other means of communication such as phone, fax, 4 internet, or mail. Still going over and having a 5 relationship. I don't understand -- 6 CHAIR KASSEKERT: I don't think sending a 7 letter confirming an issue is a relationship. I -- 8 MS. LOVE: Well, I don't believe that an 9 automated system is having a relationship. It's 10 just so -- 11 CHAIR KASSEKERT: But -- but you even said 12 you would get information back. I mean -- 13 MR. CUSTODIO: No. No -- I -- no. I did 14 not. One way. It's one way. We report the 15 information on a screen, and it gets sent to them. 16 And then we print the screen, and that's our 17 verification that we reported it. 18 MS. LOVE: That we did it. So that we have 19 a file and a record. 20 MR. CUSTODIO: It goes into our file, our 21 subscriber and here's our subscriber number, which 22 goes to that file, which then links into the person 23 file which updates it. It's all automated. 24 MR. PITRE: A subscriber account that they 25 maintain with Experion, did you say? 66 ITEM NO. 11 1 MR. CUSTODIO: They keep that open with as 2 reporting. No communication with them coming to us. 3 We would just report to them one way, right on the 4 screen, automated. That's it. Nothing else. 5 COMMISSIONER EPPS: I'm sorry if I'm making 6 too much of this, but I have a basic question. 7 Why would you ever have to report to 8 Experion unless and until a consumer has a challenge 9 with that company? 10 MS. LOVE: Over one once they pay off their 11 delinquencies, if they pay and they are cleared 12 within our system, we have to report because we've 13 already reported them as delinquent. 14 CHAIR KASSEKERT: But if the relationship is 15 severed and the records are purged, what are you 16 reporting to? There's -- if the records aren't 17 there -- 18 COMMISSIONER EPPS: There's nowhere to be 19 purged. 20 MS. LOVE: We don't want them to be purged 21 because that leaves it open for all these consumers 22 to -- 23 CHAIR KASSEKERT: So you're saying you want 24 an ongoing relationship with this company. 25 MR. CUSTODIO: No. We want the files to be 67 ITEM NO. 11 1 kept out there. This is not about us and the 2 Experion. The files kept out there as an accurate 3 for the consumer. If they're delinquent, they 4 should stay delinquent for seven years. They 5 shouldn't get a free pass. 6 MR. PITRE: I'm sure the consumers won't 7 mind. 8 MS. LOVE: Right. And if I was one of those 9 consumers, I wouldn't mind, either. 10 MR. CUSTODIO: The consumers would be the 11 only people to benefit out of this, Trump and 12 Experion will not. 13 MS. LOVE: Right. The ones who will be glad 14 to defraud so when they go get their mortgage, they 15 have a hundred thousand dollars they owe Trump 16 cleared because the files were purged because we 17 didn't accurately, you know, respond to the FCRA 18 regulations. 19 MR. PITRE: That's why they're there's mail. 20 That's why there's fax. 21 MS. LOVE: But they don't' have -- they're 22 not going to implement a manual system. 23 MR. PITRE: Well, then, they're going -- 24 MS. LOVE: Not just Experion, but any 25 corporation. 68 ITEM NO. 11 1 MR. PITRE: They are not in compliance with 2 the federal guidelines, then. 3 CHAIR KASSEKERT: Right. Right. 4 Are there any other questions? 5 COMMISSIONER SOMMELING: No further 6 questions, Madame Chair. 7 CHAIR KASSEKERT: All right. I'll entertain 8 a motion. 9 COMMISSIONER FEDORKO: Madame Chair, I make 10 a motion to deny the petition of Trump Taj Mahal 11 Associates, LLC, Trump Plaza Associates, LLC, Marina 12 Associates, LLC, and rule that the Petitioners will 13 not be permitted to maintain a reporting-only 14 account with Experion. 15 COMMISSIONER SOMMELING: Second. 16 CHAIR KASSEKERT: A motion made and 17 seconded. 18 I would like to add an amendment that we 19 give Trump two weeks to submit to staff -- is it 20 Trump or is it the company? 21 MS. NAGENGAST: Trump. Certification from 22 Trump. 23 CHAIR KASSEKERT: Trump. To submit a 24 certification indication as to the relationship with 25 Experion has been terminated. And that anything-- 69 ITEM NO. 12 1 any -- I got to put my glasses on. Any accounts 2 currently being carried by Experion will be deleted 3 or purged by Experion. So we have two weeks to get 4 a certification to ensure that this relationship is 5 terminated and that those accounts will be purged. 6 MS. LOVE: And that will be an order as well 7 for us? 8 CHAIR KASSEKERT: Yeah. 9 MS. LOVE: Okay. 10 CHAIR KASSEKERT: And I think we had a 11 second. 12 VICE CHAIR FRULIO: Second. 13 CHAIR KASSEKERT: Commissioner Fedorko, you 14 accept my amendment? 15 COMMISSIONER FEDORKO: Yes, I do. 16 CHAIR KASSEKERT: Very good. 17 All those in favor? 18 (Ayes.) 19 CHAIR KASSEKERT: Opposed? 20 (No response.) 21 CHAIR KASSEKERT: The motion carries. 22 MS. LOVE: Thank you. 23 MR. CUSTODIO: Thank you, Commissioners. 24 MR. NANCE: Item No. 12, petition of Adamar 25 of New Jersey, Inc., requesting a temporary waiver 70 ITEM NO. 12 1 of the manual voucher meter requirements of NJAC 2 19:45-1.42(o) pursuant to NJAC 19:40-1.3(d). 3 Mr. Kell? 4 MR. KELL: Good morning, Pamela Hughes is 5 here on behalf of the Petitioner. Deputy Attorney 6 General Charles Kimmel for the Division. 7 And in this matter a draft resolution has 8 been distributed to the parties. 9 CHAIR KASSEKERT: Thank you. 10 Miss Hughes? 11 MS. HUGHES: Ho's good morning, Madame Chair 12 and Commissioners. 13 I've had an opportunity to review the 14 resolution, I would just ask that the Commission 15 adopt the same. 16 CHAIR KASSEKERT: Thank you. 17 Mr. Kimmel? 18 MR. KIMMEL: Thank you, Chair. We return to 19 go an issue we looked at two weeks ago, which seems 20 to be a recurring theme with the Division these 21 days. But I also have reviewed the draft resolution 22 and have no objection to it. 23 CHAIR KASSEKERT: Thank you. 24 Any question for any of the parties? 25 COMMISSIONER FEDORKO: Motion to adopt the 71 ITEM NO. 12 1 draft resolution and grant the temporary waiver of 2 the requirements of NJAC 19:45-1.42(o) subject to 3 the conditions in the resolution. 4 COMMISSIONER SOMMELING: Second. 5 CHAIR KASSEKERT: Motion has been made and 6 seconded. 7 All in favor? 8 (Ayes.) 9 CHAIR KASSEKERT: Opposed? 10 (No response.) 11 CHAIR KASSEKERT: The motion carries. 12 Thank you. 13 MS. HUGHES: Thank you. 14 MR. NANCE: Item No. 13, petition of Trump 15 Taj Mahal for amendment for its certificate of 16 operations and alcoholic beverage license to permit 17 a reconfiguration and expansion of its gaming floor. 18 Mr. Kell? 19 MR. KELL: Madame Chair, Commissioners, 20 Loretta Pickus is here on behalf of the Taj Mahal, 21 and Deputy Attorney General Ficchi for the Division 22 in this matter. 23 Once again, the draft resolution was 24 distributed to the parties. 25 CHAIR KASSEKERT: Thank you. Good morning. 72 ITEM NO. 12 1 MS. PICKUS: Good morning, Chair, 2 Commissioners. 3 Thank you for expediting this change that we 4 are asking for. As you can tell we are going to 5 expand our simulcast area slightly reduce the size 6 of our casino. And I know you've looked at the 7 details, so I appreciate your fast actions on this. 8 And we hope to have this and available and open to 9 the public before July 1. 10 Thank you. 11 CHAIR KASSEKERT: Okay. Mr. Ficchi? 12 MR. FICCHI: Good morning, Madame Chair and 13 Commissioners. 14 The Division has reviewed the draft 15 resolution and has no objection to its adoption. 16 CHAIR KASSEKERT: Any questions? 17 VICE CHAIR FRULIO: Madame Chair, move to 18 adopt the draft resolution and approve the petition 19 of Trump Taj Mahal Associates for an amendment to 20 its certificate of operation and casino hotel 21 alcoholic beverage license to permit the 22 reconfiguration and expansion of its gaming floor, 23 subject to the conditions in the resolution. 24 COMMISSIONER FEDORKO: Second. 25 CHAIR KASSEKERT: The motion has been made 73 ITEM NO. 14 1 and seconded. All in favor? 2 (Ayes.) 3 CHAIR KASSEKERT: Opposed? 4 (No response.) 5 CHAIR KASSEKERT: The motion carries. 6 MS. PICKUS: Thank you. 7 CHAIR KASSEKERT: Thank you. 8 MR. FICCHI: Thank you. 9 MR. NANCE: Item No. 14, proposed 10 publication of amendments and new rules for Two Card 11 Joker Poker. 12 Mr. Mamolen? 13 MR. MAMOLEN: Good morning, Madame Chair, 14 Commissioners. 15 Two Card Joker is before you for simply 16 publication at this point in time. As you know, 17 there's just one casino sponsor for this new game 18 that is being tested in the super flush version. 19 CHAIR KASSEKERT: Thank you. 20 Any questions? 21 VICE CHAIR FRULIO: No. 22 COMMISSIONER SOMMELING: Move to approve for 23 publication, Madame Chair. 24 COMMISSIONER FEDORKO: Second. 25 CHAIR KASSEKERT: The motion has been made 74 ITEM NO. 16 1 and seconded. All in favor? 2 (Ayes.) 3 CHAIR KASSEKERT: Opposed? 4 (No response.) 5 CHAIR KASSEKERT: The motion carries. 6 MR. NANCE: Item No. 15, proposed adoption 7 of amendments and new rule for the Twenty Point 8 Bonus Wagers. 9 Mr. Mamolen? 10 MR. MAMOLEN: This is before you for final 11 adoption. And as you recall, this was republished 12 with the pay-off limitation for Lucky Ladies in the 13 amount of $25,000 earlier this year. And we 14 received but one comment, and that being from the 15 Division of Gaming Enforcement which did not 16 interpose an objection. 17 CHAIR KASSEKERT: Thank you. 18 Any questions? 19 VICE CHAIR FRULIO: Adopt as published. 20 COMMISSIONER FEDORKO: Second. 21 CHAIR KASSEKERT: The motion has been made 22 and seconded. All in favor? 23 (Ayes.) 24 CHAIR KASSEKERT: Opposed? 25 (No response.) 75 ITEM NO. 16 1 CHAIR KASSEKERT: The motion carries. 2 MR. MAMOLEN: Thank you. 3 MR. NANCE: Item No. 16, petition of Ace 4 Gaming, LLC, for an amendment to its certificate of 5 operation to expand and reconfigure its gaming 6 floor. 7 Mr. Kell. 8 MR. KELL: Madame Chair, Commissioners, 9 Nancy Axelrod is here for Petitioner and Deputy 10 Attorney General Ficchi is back for the Division. 11 And, once again, a draft resolution has been 12 circulated which may require a small amendment based 13 on some representations that Miss Axelrod is going 14 to make. 15 CHAIR KASSEKERT: Thank you. 16 Miss Axelrod? 17 THE WITNESS: I think I can just still say 18 good morning. 19 CHAIR KASSEKERT: Just barely. 20 THE WITNESS: Good morning, Madame Chair, 21 Vice Chair, members of the Commission. 22 This application by Ace Gaming is to 23 slightly expand our casino and simulcasting floor. 24 And, again, I thank you as well for hearing this so 25 promptly. And it's something we have -- we hope to 76 ITEM NO. 16 1 open quickly. 2 The square footage is correct. The 3 blueprints that we gave did have one or two typos. 4 The net result is there will be two less slot 5 machines than currently shows on the blueprints. A 6 new set of blueprints has been delivered to our 7 principal inspector. But the changes are in zone 8 15, there will be 161 slot machines rather than the 9 163 that erroneously is on there now. Zone 16 has 10 112 slot machines. That was put correctly in the 11 legend of our blueprint, but there is a typo in the 12 body of it. The end result, again, is there will be 13 2,006 slot machines total rather than 2,008. 14 And I thank you for your consideration. If 15 you have any questions. 16 CHAIR KASSEKERT: Thank you. 17 Mr. Ficchi? 18 MR. FICCHI: Good morning, again, Chair, 19 Commissioners. 20 The Division has reviewed the draft 21 resolution, which included the recently revised 22 numbers, and we have no objection to its adoption. 23 CHAIR KASSEKERT: Thank you. 24 Any questions? 25 COMMISSIONER SOMMELING: Move to adopt -- 77 ITEM NO. 16 1 COMMISSIONER FEDORKO: Motion to adopt the 2 draft resolution and approve the petition of ACE 3 Gaming, LLC, for an amendment to its certificate of 4 operation and casino hotel alcoholic beverage 5 license to permit the reconfiguration and expansion 6 of its gaming floor subject to the conditions in the 7 resolution. 8 CHAIR KASSEKERT: And subject to the 9 condition -- the information just provided by Miss 10 Axlerod. 11 COMMISSIONER FEDORKO: Right. 12 COMMISSIONER SOMMELING: Second. 13 CHAIR KASSEKERT: The motion has been made 14 and seconded. All in favor? 15 (Ayes.) 16 CHAIR KASSEKERT: Opposed? 17 (No response.) 18 CHAIR KASSEKERT: The motion carries. 19 Thank you. 20 MS. AXELROD: Thank you very much. 21 MR. NANCE: In accordance with resolution 22 No. 05-12-14-19 the next closed session of the 23 Commission shall be held on Wednesday, May 17th, 24 2006, at 9:15 in the Commission offices. 25 It is now time for the public participation 78 1 portion of the meeting. 2 CHAIR KASSEKERT: Is there anyone from the 3 public who wishes to be heard? 4 Seeing no one, I'll declare this portion of 5 the meeting is closed and ask for a motion to 6 adjourn. 7 COMMISSIONER SOMMELING: Motion to adjourn, 8 COMMISSIONER FEDORKO: Second. 9 CHAIR KASSEKERT: The motion has been made 10 and seconded. All in favor? 11 (Ayes.) 12 CHAIR KASSEKERT: Opposed? 13 (No response.) 14 CHAIR KASSEKERT: The motion carries. 15 Thank you. 16 (Meeting 06-05-03 was concluded at 12:00 17 p.m.) 18 19 20 21 22 23 24 25 79 1 2 C E R T I F I C A T E 3 4 I, DARLENE SILLITOE, a Certified Shorthand 5 Reporter and Notary Public of the State of New 6 Jersey, certify that the foregoing is a true and 7 accurate transcript of the proceedings. 8 9 I further certify that I am neither 10 attorney, of counsel for, nor related to or employed 11 by any of the parties to the action; further that I 12 am not a relative or employee of any attorney or 13 counsel employed in this case; nor am I financially 14 interested in the action. 15 16 17 DARLENE SILLITOE CSR 18 License No XI01023 19 20 Dated: May 7, 2006 21 My Commission Expires on July 10, 2009 22 ID No 2062871 23 24 25