1 1 STATE OF NEW JERSEY 2 CASINO CONTROL COMMISSION 3 - - - - - - - - - - - - - - - - - - - 4 5 PUBLIC MEETING NO. 06-05-17 6 7 - - - - - - - - - - - - - - - - - - - 8 9 Wednesday, May 17, 2006 10 Atlantic City Commission Offices 11 Tennessee and Boardwalk 12 Atlantic City, New Jersey 08401 13 10:30 a.m. to 11:10 a.m. 14 15 16 Certified Shorthand Reporter: Christine Stanco 17 - - - - - - - - - - - - - - - - - - - - - - - - - 18 19 20 CIPOLLONI & ASSOCIATES, INC. 21 CERTIFIED SHORTHAND REPORTERS 22 1125 Atlantic Avenue, Suite 416 23 Atlantic City, New Jersey 08401 24 (609) 348-9190 25 2 1 B E F O R E : 2 CASINO CONTROL COMMISSION: LINDA M. KASSEKERT, CHAIR 3 RALPH G. FRULIO, VICE CHAIR MICHAEL C. EPPS, COMMISSIONER 4 MICHAEL A. FEDORKO, COMMISSIONER 5 PRESENT FOR THE CASINO CONTROL COMMISSION: DARYL W. NANCE, ADMINISTRATIVE ANALYST 6 DANIEL J. HENEGHAN, PUBLIC INFORMATION OFFICER 7 OFFICE OF THE GENERAL COUNSEL: 8 DIANNA W. FAUNTLEROY, GENERAL COUNSEL/ EXECUTIVE SECRETARY 9 LEONARD J. DIGIACOMO, ASSISTANT GENERAL COUNSEL 10 STEVEN M. INGIS, ASSISTANT GENERAL COUNSEL E. DENNIS KELL, ASSISTANT GENERAL COUNSEL 11 LON E. MAMOLEN, SENIOR COUNSEL BERNADETTE T. FRIGEN, PROGRAM SUPERVISOR 12 SANDRA DELIA, LEGAL SUPPORT SPECIALIST 13 DIVISION OF GAMING ENFORCEMENT: DEPUTY ATTORNEYS GENERAL: 14 JACK ADAMS JAMES ARMSTRONG 15 TIMOTHY FICCHI JAMES FOGARTY 16 CHARLES F. KIMMEL RAYMOND MARQUEZ 17 LANE STEBBINS BEVERLY TANENHAUS 18 19 20 21 22 23 24 25 3 1 A P P E A R A N C E S: 2 ITEM 3 JAMES ARMSTRONG, DIVISION STAFF ITEM 4 BERNADETTE T. FRIGEN, PROGRAM SUPERVISOR 3 JAMES ARMSTRONG, DIVISION STAFF ITEM 5 BERNADETTE T. FRIGEN, PROGRAM SUPERVISOR 4 JAMES ARMSTRONG, DIVISION STAFF ITEM 6 BERNADETTE T. FRIGEN, PROGRAM SUPERVISOR 5 BEVERLY TANENHAUS, DIVISION STAFF ITEM 7 BERNADETTE T. FRIGEN, PROGRAM SUPERVISOR 6 BEVERLY TANENHAUS, DIVISION STAFF JACK ADAMS, DIVISION STAFF 7 ITEM 8 BERNADETTE T. FRIGEN, PROGRAM SUPERVISOR LANE STEBBINS, DIVISION STAFF 8 ITEM 9 BERNADETTE T. FRIGEN, PROGRAM SUPERVISOR JACK ADAMS, DIVISION STAFF 9 ITEM 10 SANDRA DELIA, LEGAL SUPPORT SPECIALIST JAMES FOGARTY, DIVISION STAFF 10 LORETTA PICKUS, ESQ. FOR: TRUMP ENTERTAINMENT RESORTS, INC. 11 ITEM 11 SANDRA DELIA, LEGAL SUPPORT SPECIALIST RAYMOND MARQUEZ, DIVISION STAFF 12 PATRICIA M. WILD, ESQ. FOR: RIH ACQUISITIONS NJ, LLC 13 ITEM 12 E. DENNIS KELL, ASSISTANT GENERAL COUNSEL 14 CHARLES F. KIMMEL, DIVISION STAFF LEO PREVITI, ESQ. 15 FOR: IGT ITEM 13 LON E. MAMOLEN, SENIOR COUNSEL 16 ITEM 14 LON E. MAMOLEN, SENIOR COUNSEL ITEM 15 E. DENNIS KELL, ASSISTANT GENERAL 17 COUNSEL TIMOTHY FICCHI, DIVISION STAFF 18 LUTHER G. ANDERSON, ESQ. FOR: MARINA ASSOCIATES D/B/A HARRAH'S 19 CASINO HOTEL ATLANTIC CITY ITEM 16 LEONARD J. DIGIACOMO, ASSISTANT GENERAL 20 COUNSEL RAYMOND MARQUEZ, DIVISION STAFF 21 PATRICIA M. WILD, ESQ. FOR: RIH ACQUISITIONS NJ, LLC 22 ITEM 17 E. DENNIS KELL, ASSISTANT GENERAL COUNSEL 23 TIMOTHY FICCHI, DIVISION STAFF LUTHER G. ANDERSON, ESQ. 24 FOR: BOARDWALK REGENCY CORPORATION D/B/A CAESARS ATLANTIC CITY 25 PUBLIC PARTICIPATION FRANKLIN JOHNSON 4 1 AGENDA PUBLIC MEETING NO. 06-05-17 2 May 17, 2006, 10:30 a.m. ITEM DESCRIPTION PAGE VOTE 3 1 Ratification of the minutes of May 3, 2006 public meeting 9 9 4 2 Applications for employee and casino service industry licenses: 5 Remand for hearings 22 license applications for initial and/or 6 renewal of casino key and casino employee licenses 10 10 7 Grant 21 license applications for initial and/or renewal of casino key 8 and casino employee licenses 11 11 Find Richard L. Baldwin plenarily 9 qualified in connection with the gaming related CSI license of Shuffle Master, 10 Inc. pursuant to N.J.A.C. 19:51-1.14B(h) 11 13 11 3 Stipulations of settlement and consent agreements: 12 A) Mikeena A. Jones (Not present) (06-0161-EA) 13 14 13 B) Louis A. Morales (Not present) (06-0056-ER) 13 14 14 C) Patrick J. Hansberry, Jr. (Not present) (06-0204-EA) 13 14 15 D) Keith Washington (Not present) (06-0100-ER) ADJ. 16 E) Risha I. Rouse (Not present) (05-0672-EA) 13 14 17 F) Victoria M. McCoy (05-0319-ER) 13 14 G) Thomas T. Ungurean, Jr. 18 (Not present) (04-0835-ER) 13 14 H) Robert R. Vaughn (Not present) 19 (05-0815-ER) 13 14 I) Thomas P. Bates (06-0218-EA 13 14 20 4 Petitions for early reapplication: A) Raquel D. Gomez (Not present) 21 (06-0098-RA) 15 16 B) Kevin J. McAnally (05-0826-RA) 15 18 22 5 Applications for Suspension: A) Raja G. Bandaru(a/k/a Raja Banaru)18 19 23 (Not present) (06-0226-RC) B) Christopher J. Blake(Not present) 18 19 24 (06-0227-RC) C) Santos E. Blanco (Not present) 25 (06-0224-RC) 18 19 5 1 ITEM DESCRIPTION PAGE VOTE D) Atul S. Parikh (Not present) 2 (06-0225-RC) 18 19 6 Preliminary hearing concerning the 3 exclusion of Don Van Ho(06-0215-EL) 19 21 7 Consideration of final exclusion orders 4 and/or revocation of: A) Eugene A. Bulgarino, (a/k/a James 5 Bulgarino, Jim Bulgarino, Gigi Bulgarino) (not present)(05-0800-EL) 21 22 6 B) Jose Flores, (a/k/a Tony Flores, Jose Torres) (not present) (05-0756-El) 21 22 7 C) Christopher W. Lee, (a/k/a Chris Lee) (not present) 8 (05-0758-EL;04-0216-RC) 21 22 D) Dennis Sean McAndrew (a/k/a Dennis 9 Andrew Nikrasch, Frank Shabazian, Robert H. Collins, Dennis Nelton, Nelton 10 Dennison, Dennis Wells, Carl Peters, Charles Stevens) (not present) 11 (05-0801-EL) 21 22 8 Consideration of forfeiture orders in 12 State vs: A) Trump Plaza Associates, LLC; et al. 13 (06-0061-VC) 23 24 B) Marina District Development Company, 14 LLC; et al. (06-0062-VC) 23 24 9 Motion of Scalamandre Silks, Inc. for 15 relief from a denial/prohibitory order (04-0929-MO) 25 26 16 10 Consideration of the qualification of Donald Douglas Burkhalter to serve as 17 Vice President of Customer Ralations- Brand Management for Trump Entertainment 18 Resorts, Inc. 26 28 11 Petition of RIH Acquisitions NJ, LLC 19 requesting permission for Lance Millage to perform the duties and exercise the 20 powers of Senior Vice President-Corporate Controller for RIH Resorts, LLC pending 21 plenary qualification (PRN 1220603) 28 30 12 Consideration of the approval of a slot 22 machine prototype 31 34 13 Proposed adoption of amendments to 23 N.J.A.C. 19:46-1.10 and 47-2.12 (Drawing of Additional Cards by Dealer 24 on Soft 17) 34 35 14 Proposed publication and temporary adoption 25 of amendment to N.J.A.C. 19:46-1.11 (Smaller Craps Table) 35 36 6 1 ITEM DESCRIPTION PAGE VOTE 15 Petition of Marina Associates (d/b/a 2 Harrah's Casino Hotel Atlantic City), for an amendment to its certificate of 3 operation and casino hotel alcoholic beverage license to permit a 4 reconfiguration and expansion of its gaming floor (PRN 1320609) 36 38 5 16 Petition of RIH Acquisitions NJ, LLC for relief from certain portions of 6 Resolution No. 06-04-19-20 and to establish the effective date of its 7 casino and casino hotel alcoholic beverage licenses and related matters 8 (PRN 1350612) 30 31 17 Petition of Boardwalk Regency Corporation 9 (d/b/a Caesars Atlantic City), for an amendment to its certificate of operation 10 and casino hotel alcoholic beverage license to permit a reconfiguration and 11 expansion of its gaming floor (PRN 1320601) 38 40 12 Public Participation Portion 41 13 14 15 16 17 18 19 20 21 22 23 24 25 7 1 E X H I B I T S 2 3 NUMBER DESCRIPTION EVD 4 ITEM 2 5 EL-1 Remand for hearings 22 license 6 applications 10 7 EL-2 Grant 21 license applications 10 8 9 10 (Exhibits retained by Commission.) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8 1 MR. NANCE: Good morning. I'd like to 2 read an opening statement. 3 This is to advise the general public 4 that in compliance with Chapter 231 of the Public 5 Laws of 1975 entitled the "Open Public Meetings 6 Act", the New Jersey Casino Control Commission on 7 October 13, 2005, filed with the Secretary of 8 State at the State House in Trenton an annual 9 meeting schedule. On October 14th, copies were 10 mailed to the Press of Atlantic City, the Newark 11 Star Ledger and the Office of the Clerk of 12 Atlantic City. 13 Members of the press will be permitted 14 to take photographs, and we would ask that this 15 be done in a manner which is not disruptive or 16 distracting to the Commission. 17 The use of cellular telephones in the 18 public meeting room while the Commission is in 19 session is prohibited. 20 Any member of the public who wish to 21 address the Commission will be given the 22 opportunity to do so before the Commission 23 adjourns for the day. 24 Please stand for the Pledge of 25 Allegiance. 9 Item No. 1 1 (Whereupon, the Pledge of Allegiance 2 was executed.) 3 CHAIR KASSEKERT: Good morning. 4 MR. NANCE: Good morning. The matters 5 discussed in closed session were employee and 6 enterprise license matters. The Commissioners 7 approved the May 3, 2006 closed session minutes; 8 litigation update regarding Warren Lackland and 9 Lewis M. Springer, Jr. versus State of New 10 Jersey, Casino Control Commission; Gloria Ford 11 versus State of New Jersey, Casino Control 12 Commission, et al. 13 Personnel matters were discussed as 14 follows: The Commission unanimously approved the 15 revision to the Violence in the Workplace Policy, 16 incorporating the revised Safety and Security 17 Report Form within the Commission's Personnel 18 Policy and Procedure Manual. 19 Item No. 1, ratification of the minutes 20 of May 3rd, 2006 public meeting. 21 COMMISSIONER FEDORKO: Motion to approve. 22 VICE CHAIR FRULIO: Second. 23 CHAIR KASSEKERT: The motion has been 24 made and seconded. All in favor? 25 (Aye.) 10 Item No. 2 1 CHAIR KASSEKERT: Opposed? 2 (No response.) 3 CHAIR KASSEKERT: The motion carries. 4 (The Commission members vote unanimously 5 in favor of the motion.) 6 MR. NANCE: Item No. 2, applications for 7 employee and casino service industry licenses. 8 This agenda item will be entered as Exhibit Lists 9 1 and 2. 10 (Whereupon, Exhibit Lists 1 and 2 were 11 entered into evidence.) 12 MR. NANCE: Exhibit List 1 consists of 22 13 applications for initial and/or renewal of casino 14 key and casino employee licenses. The Division 15 has objected to licensure. 16 VICE CHAIR FRULIO: Motion to remand for 17 hearings. 18 COMMISSIONER FEDORKO: Second. 19 CHAIR KASSEKERT: The motion has been 20 made and seconded. All in favor? 21 (Aye.) 22 CHAIR KASSEKERT: Opposed? 23 (No response.) 24 CHAIR KASSEKERT: The motion carries. 25 (The Commission members vote unanimously 11 Item No. 2 1 in favor of the motion.) 2 MR. NANCE: Exhibit List 2 consists of 21 3 applications for initial and/or renewal of casino 4 key and casino employee licenses. Staff and the 5 Division have recommended that these licenses be 6 granted. 7 VICE CHAIR FRULIO: Motion to grant 8 applications. 9 COMMISSIONER FEDORKO: Second. 10 CHAIR KASSEKERT: The motion has been 11 made and seconded. All in favor? 12 (Aye.) 13 CHAIR KASSEKERT: Opposed? 14 (No response.) 15 CHAIR KASSEKERT: The motion carries. 16 (The Commission members vote unanimously 17 in favor of the motion.) 18 MR. NANCE: For consideration is the 19 qualification of Richard L. Baldwin in connection 20 with the gaming related casino services industry 21 license of Shuffle Master, Inc., pursuant to 22 N.J.A.C. 19:51-1.14(B)h. 23 Staff and the Division have recommended 24 that this application be granted. 25 VICE CHAIR FRULIO: Motion to find Brian 12 Item No. 2 1 Callaghan plenarily qualified in connection with 2 the gaming related casino service industry 3 license of Bally Gaming, Inc. 4 COMMISSIONER FEDORKO: Second. 5 CHAIR KASSEKERT: The motion has been 6 made and seconded. All in favor? 7 (Aye.) 8 CHAIR KASSEKERT: Opposed? 9 (No response.) 10 CHAIR KASSEKERT: The motion carries. 11 MR. ADAMS: I think it's Shuffle Master. 12 COMMISSIONER EPPS: Shuffle Master. 13 CHAIR KASSEKERT: Oh, okay, Commissioner 14 Frulio, I think you need to correct your motion. 15 Mr. Callaghan is working with Shuffle Master, not 16 Bally -- Mr. Baldwin. 17 VICE CHAIR FRULIO: Motion to find 18 Richard Baldwin plenarily qualified in connection 19 with the gaming related casino service industry 20 license of Bally Gaming, Inc. 21 CHAIR KASSEKERT: No, Shuffle Master. 22 VICE CHAIR FRULIO: Shuffle Master. 23 COMMISSIONER FEDORKO: Second. 24 MR. NANCE: So to correct the motion, it 25 is to find Richard Baldwin plenarily qualified in 13 Item No. 3 1 connection with Shuffle Master. 2 CHAIR KASSEKERT: Shuffle Master, right. 3 Okay? Commissioner Fedorko, you 4 seconded that motion? 5 COMMISSIONER FEDORKO: Second. 6 CHAIR KASSEKERT: All in favor? 7 (Aye.) 8 CHAIR KASSEKERT: Opposed? 9 (No response.) 10 CHAIR KASSEKERT: The motion carries. 11 (The Commission members vote unanimously 12 in favor of the motion.) 13 CHAIR KASSEKERT: Thank you, Commissioner 14 Epps, for reading. 15 MR. NANCE: Item No. 3, stipulations of 16 settlement and consent agreements. 17 When I call your name, please come 18 forward, stand behind this middle table spreading 19 across the room so that you may be seen: Mikeena 20 Jones, Luis Morales, Patrick Hansberry, Jr., 21 Risha Rouse, Victoria McCoy, Thomas Ungurean, 22 Robert Vaughn and Thomas Bates. 23 Stipulation of settlement concerning 24 Keith Washington has been adjourned. 25 CHAIR KASSEKERT: Has everyone whose name 14 Item No. 3 1 been called come forward? 2 Sir? 3 Can you each state your name for the 4 record? 5 MS. McCOY: Victoria McCoy. 6 MR. BATES: Thomas Bates. 7 CHAIR KASSEKERT: Okay. In a moment, 8 we're going to vote on the stipulation of 9 settlement that you've agreed to with the 10 Division of Gaming Enforcement. At this time, 11 I'm going to ask if any of you wish to be heard 12 on your matter. You don't have to say anything. 13 Does anybody wish to be heard? 14 (No response.) 15 CHAIR KASSEKERT: Mr. Armstrong? 16 MR. ARMSTRONG: I ask you all to confirm 17 and adopt these stipulations of settlement. 18 CHAIR KASSEKERT: Thank you. 19 Any questions? 20 COMMISSIONER FEDORKO: Motion to approve 21 stipulations. 22 COMMISSIONER EPPS: Second. 23 CHAIR KASSEKERT: The motion has been 24 made and seconded. All in favor? 25 (Aye.) 15 Item No. 3 1 CHAIR KASSEKERT: Opposed? 2 (No response.) 3 CHAIR KASSEKERT: The motion carries. 4 (The Commission members vote unanimously 5 in favor of the motion.) 6 CHAIR KASSEKERT: Thank you very much for 7 coming. Good luck. 8 MR. NANCE: Item No. 4, petitions for 9 early reapplication for Raquel Gomez and Kevin 10 McAnally. 11 Ms. Frigen? 12 MS. FRIGEN: Commissioners, with respect 13 to Miss Gomez, she called me this morning 14 indicating that she had a family emergency last 15 night and can't make the meeting today. 16 I would note though that her early 17 reapplication petition was submitted in 18 accordance with the time lines set forth in the 19 stipulation of settlement, and the Division has 20 interposed no objection to the petition. 21 I would leave it to your discretion. 22 She was comfortable in letting the Commission 23 proceed today. I would leave that at your 24 discretion. 25 CHAIR KASSEKERT: Thank you. 16 Item No. 4 1 Mr. Armstrong? 2 MR. ARMSTRONG: Chair, Commissioners, you 3 have our letter of April 26th. Subsequent 4 investigation of Miss Gomez uncovered nothing 5 derogatory in regard to whether or not she's to 6 come back in the industry. Since her petition is 7 within the terms of the stipulation of settlement 8 some years ago, we have no objection to the 9 petition requested. 10 CHAIR KASSEKERT: Thank you. 11 Any questions? 12 COMMISSIONER EPPS: Madam Chair, move to 13 grant Ms. Gomez permission to reapply early for a 14 casino service employee registration and/or to 15 work as a non-credential hotel employee. 16 COMMISSIONER FEDORKO: Second. 17 CHAIR KASSEKERT: The motion has been 18 made and seconded. All in favor? 19 (Aye.) 20 CHAIR KASSEKERT: Opposed? 21 (No response.) 22 CHAIR KASSEKERT: The motion carries. 23 (The Commission members vote unanimously 24 in favor of the motion.) 25 MS. FRIGEN: Commissioners, next for your 17 Item No. 4 1 consideration is Kevin McAnally. He is present 2 at the table this morning. 3 For your consideration is his petition 4 in which he seeks permission to reapply early for 5 a registration and/or non-credential CHAB 6 employment. 7 I would note that the staff has, in the 8 paperwork to you, has put forth the 9 recommendation if the petition is granted, that 10 it be should with the condition that Mr. McAnally 11 execute a wage garnishment for a financial 12 obligation. In fact, he and Mr. Armstrong this 13 morning did accomplish that if the Commission 14 determines to grant the petition. 15 CHAIR KASSEKERT: Thank you. 16 Mr. McAnally, is there anything you'd 17 like to say to us this morning? 18 MR. McANALLY: No. 19 CHAIR KASSEKERT: Okay, very good. 20 Mr. Armstrong? 21 MR. ARMSTRONG: Chair, Commissioners, you 22 have our letter of May 8th, and obviously 23 Mr. McAnally's petition confirmed the stipulation 24 of settlement. We've uncovered nothing else 25 derogatory in his background file with the 18 Item No. 4 1 petition. 2 CHAIR KASSEKERT: Thank you. 3 Any questions? 4 VICE CHAIR FRULIO: Move to grant 5 Mr. McAnally's petition to reapply early for a 6 casino service employee registration and/or to 7 obtain employment early as a non-credential 8 casino alcoholic beverage employee, conditioned 9 upon his signing a wage execution consent 10 agreement addressing his child support 11 obligation. 12 COMMISSIONER FEDORKO: Second. 13 CHAIR KASSEKERT: The motion has been 14 made and seconded. All in favor? 15 (Aye.) 16 CHAIR KASSEKERT: Opposed? 17 (No response.) 18 CHAIR KASSEKERT: The motion carries. 19 (The Commission members vote unanimously 20 in favor of the motion.) 21 CHAIR KASSEKERT: Thank you for coming, 22 good luck. 23 MR. NANCE: Item No. 5, applications for 24 suspension for Raja Bandaru, Christopher Blake, 25 Santos Blanco and Atul Parikh. 19 Item No. 5 1 Ms. Frigen? 2 MS. FRIGEN: Before we hear from the 3 Division, let me ask whether any of these 4 individuals are present or represented today? 5 (No response.) 6 MS. FRIGEN: Apparently not. 7 CHAIR KASSEKERT: Mr. Armstrong? 8 MR. ARMSTRONG: Chair, Commissioners, the 9 Division, since no one is here to contest these 10 applications for suspension or revocation 11 complaints, we would ask that you grant them 12 based on the papers filed. 13 CHAIR KASSEKERT: Thank you. 14 Any questions for the Division? 15 COMMISSIONER FEDORKO: Motion to suspend 16 credentials. 17 COMMISSIONER EPPS: Second. 18 CHAIR KASSEKERT: The motion has been 19 made and seconded. All in favor? 20 (Aye.) 21 CHAIR KASSEKERT: Opposed? 22 (No response.) 23 CHAIR KASSEKERT: The motion carries. 24 (The Commission members vote unanimously 25 in favor of the motion.) 20 Item No. 6 1 MR. NANCE: Item No. 6, preliminary 2 hearing concerning the exclusion of Don Van Ho. 3 Ms. Frigen? 4 MS. FRIGEN: Let me ask for the record 5 whether Mr. Ho is present or represented here 6 today? 7 (No response.) 8 MS. FRIGEN: Apparently not. I would 9 refer this matter over to the Division to present 10 the basis for its preliminary exclusion action. 11 CHAIR KASSEKERT: Thank you. 12 Good morning. 13 MS. TANENHAUS: Good morning, Chair, 14 Commissioners. Don Van Ho has met the 15 characteristics and the criteria to be placed on 16 the exclusion list both preliminarily and 17 finally. The Division rests on its papers and 18 will entertain any questions from anyone. 19 CHAIR KASSEKERT: Thank you. 20 Any questions from the Division? 21 COMMISSIONER FEDORKO: Motion to grant 22 the Division's request for a preliminary order 23 placing the name of Don Van Ho on the exclusion 24 list, pending the outcome of the petition for 25 final exclusion. 21 Item No. 7 1 VICE CHAIR FRULIO: Second. 2 CHAIR KASSEKERT: The motion has been 3 made and seconded. All in favor? 4 (Aye.) 5 CHAIR KASSEKERT: Opposed? 6 (No response.) 7 CHAIR KASSEKERT: The motion carries. 8 (The Commission members vote unanimously 9 in favor of the motion.) 10 MR. NANCE: Item No. 7, consideration of 11 final exclusion orders and/or revocation of 12 Eugene Bulgarino, Jose Flores, Christopher Lee, 13 and Dennis McAndrew. 14 Ms. Frigen? 15 MS. FRIGEN: Let me ask whether any of 16 these individuals are present or represented? 17 (No response.) 18 MS. FRIGEN: Apparently not. 19 Madam Chair, Commissioners, following 20 the issuance of preliminary exclusion orders, 21 Mr. Bulgarino, Mr. Flores and Mr. McAndrew have 22 failed to request final hearings with respect to 23 these exclusion petitions. 24 Concerning Christopher Lee, he did 25 initially request a hearing with respect to both 22 Item No. 7 1 the complaint filed against him by the Division 2 seeking revocation of his license and 3 registration as well as the exclusion petition. 4 However, he subsequently failed to show 5 for a conference. So, likewise, these matters 6 are both presented to you for final action today. 7 CHAIR KASSEKERT: Thank you. 8 Mr. Adams? 9 MR. ADAMS: You get two of us, Chair. 10 I'm here on behalf of the Bulgarino 11 matter and McAndrew matter, and I believe Beverly 12 is here on behalf of the other two. 13 CHAIR KASSEKERT: Are there any questions 14 on any of these matters? 15 VICE CHAIR FRULIO: Motion to issue final 16 orders of exclusion for Messrs. Bulgarino, 17 Flores, Lee and McAndrew; further revoke the 18 casino employee license and casino service 19 employee registration held by Mr. Lee. 20 COMMISSIONER FEDORKO: Second. 21 CHAIR KASSEKERT: The motion has been 22 made and seconded. All in favor? 23 (Aye.) 24 CHAIR KASSEKERT: Opposed? 25 (No response.) 23 Item No. 8 1 CHAIR KASSEKERT: The motion carries. 2 (The Commission members vote unanimously 3 in favor of the motion.) 4 MR. NANCE: Item No. 8, consideration of 5 forfeiture orders in State versus Trump Plaza 6 Associates, LLC, et al., and Marina District 7 Development Company, LLC, et al. 8 Ms. Frigen? 9 MS. FRIGEN: Madam Chair, Commissioners, 10 for your consideration are these two complaints 11 filed by the Division seeking forfeiture of money 12 currently being retained by two casinos which 13 were the result of underage gaming activity. I 14 believe Mr. Stebbins would like to address the 15 Commission. 16 CHAIR KASSEKERT: Sure. Good morning. 17 MR. STEBBINS: Chair, members of the 18 Commission, good morning. These are relatively 19 straightforward matters, we've packaged them 20 regarding slot machines. I would ask that you 21 enter the appropriate orders with this notation 22 on the record as to the matter involving Trump 23 Plaza where they're holding the money, the amount 24 should be $3,552.75. 25 CHAIR KASSEKERT: They got to get that 24 Item No. 8 1 extra quarter. 2 MR. STEBBINS: It cleans up the books of 3 the casino. 4 CHAIR KASSEKERT: Absolutely, I agree. 5 Any questions for Mr. Stebbins? 6 COMMISSIONER FEDORKO: Upon the DGE 7 amending its complaint for Trump Plaza Associates 8 to correct the total forfeiture amount, order 9 that Trump Plaza Associates remit $3,552.57. 10 CHAIR KASSEKERT: 75. 11 COMMISSIONER FEDORKO: 75 cents, sorry, 12 and Marina District Development Company remit 13 $2700 to the Commission in accordance with 14 N.J.S.A. 5:12-71.3(c), which represents the money 15 forfeited by five patrons for having gambled 16 while underage. 17 VICE CHAIR FRULIO: Second. 18 CHAIR KASSEKERT: The motion has been 19 made and seconded. All in favor? 20 (Aye.) 21 CHAIR KASSEKERT: Opposed? 22 (No response.) 23 CHAIR KASSEKERT: The motion carries. 24 (The Commission members vote unanimously 25 in favor of the motion.) 25 Item No. 9 1 MR. STEBBINS: Thank you. 2 MR. NANCE: Item No. 9, motion of 3 Scalamandre Silks, Inc. for relief from a denial 4 prohibitory order. 5 Ms. Frigen? 6 MS. FRIGEN: Madam Chair, Commissioners, 7 I would just like to note that given the 8 Division's non-objection to this motion and the 9 fact that Scalamandre is out of state, we advised 10 them their presence was not required here today. 11 For your consideration is their motion seeking to 12 lift the prohibitory restrictions. I would refer 13 the matter over to the Division to confirm its 14 position. 15 CHAIR KASSEKERT: Thank you. 16 MR. ADAMS: Good morning, Chair, 17 Commissioners. You have Mr. McDonough's letter, 18 we do not oppose this application and urge you to 19 grant it. 20 CHAIR KASSEKERT: Any questions? 21 VICE CHAIR FRULIO: Move to grant the 22 motion of Scalamandre Silks to vacate the 23 Commission's denial/prohibitory order dated July 24 30, 2003, and permit the company to resume 25 transacting business with casino licensees. 26 Item No. 10 1 COMMISSIONER FEDORKO: Second. 2 CHAIR KASSEKERT: The motion has been 3 made and seconded. All in favor? 4 (Aye.) 5 CHAIR KASSEKERT: Opposed? 6 (No response.) 7 CHAIR KASSEKERT: The motion carries. 8 (The Commission members vote unanimously 9 in favor of the motion.) 10 CHAIR KASSEKERT: Thank you. 11 MR. NANCE: Item No. 10, consideration of 12 the qualification of Donald Douglas Burkhalter to 13 serve as Vice President of Customer 14 Relations-Brand Management for Trump 15 Entertainment Resorts, Inc. 16 Miss Delia? 17 MS. DELIA: Good morning, Chair and 18 Commissioners. The Commission granted temporary 19 qualification to Donald Douglas Burkhalter on 20 November the 2nd, 2005. 21 Loretta Pickus is here on behalf of the 22 petitioners, and James Fogarty is here on behalf 23 of the Division. A copy of the draft resolution 24 has been distributed to the parties. 25 CHAIR KASSEKERT: Good morning, Miss 27 Item No. 10 1 Pickus. 2 MS. PICKUS: Good morning, Chair, good 3 morning, Commissioners. I would tell you that I 4 reviewed the resolution, and I'm happy with it, 5 and thank you very much for your consideration 6 today. 7 CHAIR KASSEKERT: Thank you. 8 Mr. Fogarty? 9 MR. FOGARTY: Good morning, Chair, 10 Commissioners. We did indeed send a letter dated 11 May 5 recommending to you to qualify Donald 12 Burkhalter in the position of Vice President of 13 Customer Relations-Brand Management for the 14 holding company, Trump Entertainment Resorts. I 15 have seen a copy of the draft resolution, I have 16 no objection to your entry of it. 17 CHAIR KASSEKERT: Thank you. 18 Any questions for the parties? 19 COMMISSIONER FEDORKO: Motion to adopt 20 the draft resolution and find Donald Douglas 21 Burkhalter qualified to serve as Vice President 22 of Customer Relations-Brand Management for Trump 23 Entertainment Resorts, Inc. 24 VICE CHAIR FRULIO: Second. 25 CHAIR KASSEKERT: The motion has been 28 Item No. 11 1 made and seconded. 2 All in favor? 3 (Aye.) 4 CHAIR KASSEKERT: It's a roll call vote, 5 I'm sorry. 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 the 15 motion carries unanimously. 16 CHAIR KASSEKERT: Thank you. 17 MR. NANCE: Item No. 11, petition of RIH 18 Acquisitions New Jersey, LLC, requesting 19 permission for Lance Millage to perform the 20 duties and exercise the powers of Senior Vice 21 President-Corporate Controller for RIH Resorts, 22 LLC pending plenary qualification. 23 Miss Delia? 24 MS. DELIA: Pat Wild is here on behalf of 25 the petitioner, and Ray Marquez is here on behalf 29 Item No. 11 1 of the Division. A copy of the draft resolution 2 has been circulated to the parties for their 3 review. 4 CHAIR KASSEKERT: Good morning, Miss 5 Wild. 6 MS. WILD: Good morning, Madam Chair, 7 members of the Commission. I would just ask your 8 adoption of the draft resolution which I have 9 reviewed. Thank you. 10 CHAIR KASSEKERT: Mr. Marquez? 11 MR. MARQUEZ: Division has no objection, 12 Madam Chair. 13 CHAIR KASSEKERT: Thank you. 14 Any questions? 15 VICE CHAIR FRULIO: Move to adopt the 16 draft resolution and find Lance Millage 17 temporarily qualified and authorize him to assume 18 the duties and exercise the powers of Senior Vice 19 President-Corporate Controller for RIH Resorts, 20 LLC subject to the conditions contained in 21 N.J.A.C. 19:43-2.7. 22 COMMISSIONER FEDORKO: Second. 23 CHAIR KASSEKERT: The motion has been 24 made and seconded. This is a roll call vote. 25 MR. NANCE: Commissioner Epps? 30 Item No. 16 1 COMMISSIONER EPPS: Yes. 2 MR. NANCE: Commissioner Fedorko? 3 COMMISSIONER FEDORKO: Yes. 4 MR. NANCE: Vice Chair Frulio? 5 VICE CHAIR FRULIO: Yes. 6 MR. NANCE: Chair Kassekert? 7 CHAIR KASSEKERT: Yes. 8 MR. NANCE: The record will reflect the 9 motion carries unanimously. 10 Next item for your consideration is Item 11 No. 16, Miss Wild's petition, of RIH Acquisitions 12 New Jersey, LLC for relief from certain portions 13 of Resolution Number 06-04-19-20 and to establish 14 the effective date of its casino and casino hotel 15 alcoholic beverage licenses and related matter. 16 Mr. DiGiacomo? 17 MR. DiGIACOMO: Chair, Commissioners, 18 good morning. Miss Wild is here again for the 19 petitioner, Mr. Marquez is here for the Division. 20 I shared a copy of the draft resolution with 21 counsel for the parties, and I believe they're 22 prepared to consent to its formal entry. 23 CHAIR KASSEKERT: Thank you. 24 MS. WILD: Thank you. Again, we consent 25 to the formal entry and ask that you adopt the 31 Item No. 12 1 resolution. Thank you. 2 CHAIR KASSEKERT: Mr. Marquez? 3 MR. MARQUEZ: Nothing from the Division. 4 CHAIR KASSEKERT: Any questions? 5 COMMISSIONER FEDORKO: Motion to adopt 6 the draft resolution and grant the relief 7 requested in the petition establishing May 1, 8 2006 as the effective date of the casino and 9 casino hotel alcoholic beverage licenses of RIH 10 Acquisition New Jersey, LLC. 11 VICE CHAIR FRULIO: Second. 12 CHAIR KASSEKERT: The motion has been 13 made and seconded. This is a roll call vote. 14 MR. NANCE: Commissioner Epps? 15 COMMISSIONER EPPS: Yes. 16 MR. NANCE: Commissioner Fedorko? 17 COMMISSIONER FEDORKO: Yes. 18 MR. NANCE: Vice Chair Frulio? 19 VICE CHAIR FRULIO: Yes. 20 MR. NANCE: Chair Kassekert? 21 CHAIR KASSEKERT: Yes. 22 MR. NANCE: The record will reflect the 23 motion carries unanimously. 24 CHAIR KASSEKERT: Thank you. 25 MR. NANCE: Item number 12, consideration 32 Item No. 12 1 of the approval of a slot machine prototype. 2 Mr. Kell? 3 MR. KELL: Good morning, Madam Chair, 4 Commissioners. Before you is the Division's 5 recommendation to approve a slot machine 6 prototype subject to a 90-day field test. A 7 draft resolution to that effect has been 8 distributed to the parties. 9 We have Leo Previti for IGT and Chuck 10 Kimmel for the Division. 11 CHAIR KASSEKERT: Mr. Previti, good 12 morning. 13 MR. PREVITI: Good morning, Chair, 14 Commissioners. We've read the draft resolution 15 and agree with the conditions imposed and urge 16 you to adopt it. 17 CHAIR KASSEKERT: Thank you. 18 Let me ask before we hear from the 19 Division, if there are any questions? 20 Okay, Commissioner Epps, you do? 21 COMMISSIONER EPPS: I just have one 22 question. 23 In conducting this field test of this 24 machine, if it doesn't get the requisite number 25 of holds or plays to do the analysis that we need 33 Item No. 12 1 to do on this test, how do you propose that we 2 handle that going forward? Do you have any 3 thoughts on that? 4 MR. PREVITI: Sure. Let me first tell 5 you that Wild Jims has been very popular in its 6 test phase, and it is the number one test game we 7 have in volume out there. We won't expect that; 8 but should it happen, I'd be happy to work with 9 staff to come up with alternative parameters for 10 the test extension and the like. 11 COMMISSIONER EPPS: Okay. 12 CHAIR KASSEKERT: Thank you. Any other 13 questions? 14 Mr. Kimmel. 15 MR. KIMMEL: Thank you. Good morning, 16 Chair. We've also reviewed the draft resolution 17 and have no objection to it. I know you've all 18 seen the machine. I'll be happy to answer any 19 questions that you may have. 20 CHAIR KASSEKERT: Thank you. 21 Any questions for Mr. Kimmel? 22 VICE CHAIR FRULIO: Motion to adopt the 23 draft resolution and approve the slot machine 24 prototype subject to the conditions in the 25 resolution. 34 Item No. 13 1 COMMISSIONER FEDORKO: Second. 2 CHAIR KASSEKERT: The motion has been 3 made and seconded. All in favor? 4 (Aye.) 5 CHAIR KASSEKERT: Opposed? 6 (No response.) 7 CHAIR KASSEKERT: The motion carries. 8 (The Commission members vote unanimously 9 in favor of the motion.) 10 MR. PREVITI: Thank you. 11 CHAIR KASSEKERT: Thank you. 12 MR. NANCE: Item No. 13, proposed 13 adoption of amendments to N.J.A.C. 19:46-1.10 14 and 47-2.12. 15 Mr. Mamolen? 16 MR. MAMOLEN: Good morning, Madam Chair, 17 Commissioners. This matter is before you for 18 final adoption. 19 As you know, this is an option that 20 would be offered by casino licensees to require 21 its dealers, its blackjack dealers to hit on a 22 soft 17. As you know, from the one test that was 23 ongoing at two casinos, at both Bally's casinos, 24 there have been no problem to date. We've 25 received one letter, comment letter on 35 Item No. 14 1 publication, that being from the Division of 2 Gaming which did not interpose an objection. 3 CHAIR KASSEKERT: Thank you. 4 Any questions? 5 COMMISSIONER FEDORKO: Motion to adopt as 6 published. 7 VICE CHAIR FRULIO: Second. 8 CHAIR KASSEKERT: The motion has been 9 made and seconded. All in favor? 10 (Aye.) 11 CHAIR KASSEKERT: Opposed? 12 (No response.) 13 CHAIR KASSEKERT: The motion carries. 14 (The Commission members vote unanimously 15 in favor of the motion.) 16 MR. NANCE: Item No. 14, proposed 17 publication and temporary adoption of amendment 18 to N.J.A.C. 19:46-1.11. 19 Mr. Mamolen? 20 MR. MAMOLEN: This matter is before you 21 for both publication and temporary adoption, and 22 we simply eliminate the length requirement of 23 craps table in essence to enable to offer 24 so-called boutique craps table. 25 CHAIR KASSEKERT: Any questions? 36 Item No. 15 1 COMMISSIONER FEDORKO: Motion to approve 2 for publication and temporary adoption. 3 VICE CHAIR FRULIO: Second. 4 CHAIR KASSEKERT: The motion has been 5 made and seconded. All in favor? 6 (Aye.) 7 CHAIR KASSEKERT: Opposed? 8 (No response.) 9 CHAIR KASSEKERT: The motion carries. 10 (The Commission members vote unanimously 11 in favor of the motion.) 12 CHAIR KASSEKERT: Thank you. 13 MR. NANCE: Item No. 15, petition of 14 Marina Associates for an amendment to its 15 certificate of operation and casino hotel 16 alcoholic beverage license to permit a 17 reconfiguration and expansion of its gaming 18 floor. 19 Mr. Kell? 20 MR. KELL: Good morning again. Lou 21 Anderson is here representing Harrah's on this 22 matter, and Deputy Attorney General Tim Ficchi 23 for the Division, and a draft resolution has been 24 circulated to the parties. 25 CHAIR KASSEKERT: Thank you. 37 Item No. 15 1 Mr. Anderson? 2 MR. ANDERSON: Good morning, Madam Chair, 3 Commissioners. Nice to see you all again. 4 First, I want to thank the Commission 5 for putting this and the other reconfiguration 6 matter on this agenda today. It was very, very 7 helpful to our business, and we do appreciate 8 that. 9 We've reviewed the draft resolution and 10 looks good and thank staff for their efforts to 11 put that together. 12 CHAIR KASSEKERT: Thank you. 13 CHAIR KASSEKERT: Mr. Ficchi? 14 MR. FICCHI: Thank you, Madam Chair. The 15 Division has also reviewed the draft resolution. 16 We have no objection to the adoption by the 17 Commission. 18 CHAIR KASSEKERT: Thank you. 19 Any questions? 20 COMMISSIONER EPPS: I move that we adopt 21 the draft resolution and approve the petition of 22 Marina Associates for an amendment to its 23 certificate of operation and casino hotel 24 alcoholic beverage license to permit the 25 reconfiguration and expansion of its casino 38 Item No. 17 1 floor, subject to the conditions in the 2 resolution. 3 COMMISSIONER FEDORKO: Second. 4 CHAIR KASSEKERT: The motion has been 5 made and seconded. All in favor? 6 (Aye.) 7 CHAIR KASSEKERT: Opposed? 8 (No response.) 9 CHAIR KASSEKERT: The motion carries. 10 (The Commission members vote unanimously 11 in favor of the motion.) 12 CHAIR KASSEKERT: I just want to note on 13 the record my thanks to both the Division staff 14 and the Commission staff who I know did get both 15 of these items late in the process and have 16 worked very diligently to get them on the agenda. 17 I thank you for your appreciation as well, 18 Mr. Anderson. 19 MR. NANCE: Item No. 17, petition of 20 Boardwalk Regency Corporation for an amendment to 21 its certificate of operation and casino hotel 22 alcoholic beverage license to permit a 23 reconfiguration and expansion of its gaming 24 floor. 25 Mr. Kell? 39 Item No. 17 1 MR. KELL: Madam Chair, Commissioners, 2 the same parties are here. I'd like to also note 3 that principal inspector, Doris Garlic, is here, 4 and she was very helpful in getting together all 5 the information that we need to get this on the 6 agenda. She's here if you have any questions. 7 CHAIR KASSEKERT: Thank you. 8 Mr. Anderson? 9 MR. ANDERSON: Once again, Madam Chair, 10 we've reviewed the resolution and are fine with 11 it. 12 I'd like to introduce Miss Erin Hanson 13 seated to my right, who's the Director of Slot 14 Products, maybe you haven't met her before, and 15 she'd be happy to assist me and answer any 16 questions you might have about this 17 reconfiguration which is a little more 18 complicated. 19 CHAIR KASSEKERT: Good morning. 20 MS. HANSON: Good morning. Thank you for 21 having us and again, thank you for reviewing this 22 and to Doris as well for working with us so 23 quickly. 24 CHAIR KASSEKERT: Thank you. 25 Mr. Ficchi? 40 Item No. 17 1 MR. FICCHI: Again, the Division reviewed 2 the draft resolution and has no objection to its 3 adoption. 4 CHAIR KASSEKERT: Thank you. 5 Any questions for the Division? 6 VICE CHAIR FRULIO: Move to adopt the 7 draft resolution and approve the petition of 8 Boardwalk Regency Corporation for an amendment to 9 its certificate of operation and casino hotel 10 alcoholic beverage license, to permit the 11 reconfiguration of its gaming floor, subject to 12 the conditions in the resolution. 13 COMMISSIONER FEDORKO: Second. 14 CHAIR KASSEKERT: The motion has been 15 made and seconded. All in favor? 16 (Aye.) 17 CHAIR KASSEKERT: Opposed? 18 (No response.) 19 CHAIR KASSEKERT: The motion carries. 20 (The Commission members vote unanimously 21 in favor of the motion.) 22 MR. ANDERSON: Thank you. 23 MR. NANCE: In accordance with Resolution 24 05-12-14-19, the next closed session shall be 25 held on Wednesday, June 7, 2006, at 9:15 a.m. in 41 Public Participation 1 the Commission offices. 2 It is now time for the public 3 participation portion of the meeting. 4 CHAIR KASSEKERT: Is there anyone from 5 the public who wishes to be heard? 6 Mr. Johnson, do you wish to be heard 7 this morning? 8 MR. JOHNSON: Excuse me? 9 CHAIR KASSEKERT: It is now time for the 10 public portion of the meeting. 11 MR. JOHNSON: Oh, okay. 12 CHAIR KASSEKERT: Can you state your name 13 for the record and your address, please? 14 MR. JOHNSON: Franklin Johnson, 16 -- 15 701 E. 19th Street, North Carolina. 16 CHAIR KASSEKERT: North Carolina, okay. 17 What would you like to tell us today? 18 MR. JOHNSON: I have several things. 19 CHAIR KASSEKERT: Can you make sure you 20 speak into the microphone so that they can pick 21 that up? 22 MR. JOHNSON: First is a letter that I 23 received from a Mr. Breget (phonetic) that 24 regards to a person being excluded from the 25 casino by the owners, by the licensees of the 42 Public Participation 1 casino. My comment is that there's no record to 2 verify that I have been excluded from the casino. 3 I've been harassed by this particular 4 issue concerning me being excluded by the 5 security department. I'm, more or less, baffled 6 behind the idea that they claim they have sole, I 7 mean, responsibility to exclude who they choose, 8 the security department. The security department 9 claims that they are the ones who makes that 10 decision. I disagree to that according to this 11 letter. 12 I also disagree that the Commission 13 should not review all decisions of exclusion of a 14 person from a casino, whether it's eviction or 15 ejection. I have my reasons for that which is in 16 another part of this letter concerning federal 17 violations. 18 I've stated to them several times that I 19 was doing voluntary work with the FBI. I also 20 wrote out a list of particular offenses, possible 21 charges, that have happened around the casino. I 22 plan to turn this over to the U.S. Attorneys 23 Office. I'm going to say I'm going to turn it 24 over to the FBI, and they will decide whether it 25 should be turned over to the U.S. Attorneys 43 Public Participation 1 General's office. 2 If I'm excluded from this casino, I 3 think I should have a right to know in writing 4 that I've been excluded by the casino. I don't 5 think I am. I have -- that's a decision that's 6 not within my particular choice. According to 7 this letter, I'm not excluded by the Commission, 8 but I thought that matter would be reviewed by 9 the Commission. 10 Further, the issue of the right of the 11 security department to detain or to police the 12 casino, it's under my impression that they do not 13 have the right to police the casino, that they're 14 supposed to gather facts and report it to the 15 proper authority providing it is not an act of 16 cheating, a certain act of cheating anyway, and I 17 say that because of some of the mentality, some 18 of the seriousness that have happened in the past 19 around those casinos. 20 They're not trained to do that and by 21 them taking certain liberties and pretending that 22 they have a right to do it makes it even more 23 dangerous. I've had several incidents in terms 24 of questioning their ability to perform those 25 particular tasks. I seem to always come out on 44 Public Participation 1 the worse end of it because with gaming 2 enforcement, they claim that this right should be 3 upheld. 4 I disagree with Gaming Enforcement on 5 that due to the fact is, I think they're a little 6 prejudice in regards to upholding their right, 7 knowing that they have certain authorization to 8 resolve that without me having a difficult time 9 in understanding their particular choose in not 10 doing so. And I say that in turn because I'm 11 almost certain that the FBI department here in 12 Atlantic City, New Jersey have contacted them and 13 questioned them about my particular presence 14 being in that casino; and according to my 15 conversation with them, they have not informed 16 them that there's been a special exclusion for me 17 being in that casino or any casino in Atlantic 18 City. 19 I know the owners have a right to choose 20 their own guest list. People are sending 21 invitations to my house or to my sister's house 22 right now being factual to that, and I receive 23 those invitations asking me -- well, inviting me 24 to the casino. I couldn't put the pieces 25 together to realize that if a person is sending 45 Public Participation 1 me invitation to come somewhere, why would one 2 department think that they have the 3 responsibility over the other departments and 4 wouldn't work with those department in making 5 that decision. 6 What I really want to find out, more or 7 less, from the Commission is an assistance on, I 8 guess, finding out whether the owners, the 9 licensee, have decided that my invitation to the 10 casino is no longer approved, and to explain that 11 in writing to the Federal Bureau of Investigation 12 as well as myself. 13 CHAIR KASSEKERT: Mr. Kell? I know that 14 you've been working with Mr. Johnson. You 15 understand, Mr. Johnson, that the letter that you 16 receive deals with the exclusion request that the 17 Division can make of the Commission to exclude 18 individuals. That is different from somebody on 19 the grounds, you know, which you've laid out 20 pretty clearly, making a decision to ask someone 21 to leave the casino. 22 I don't know if, Mr. Kell, you have 23 anything in addition you want to add to that. I 24 know that you've had conversation with our staff 25 about this. 46 Public Participation 1 MR. KELL: The only thing I can think of 2 is, that I make sure I have his address and the 3 casinos that he's had problems with, he wants 4 them to put something in writing as to, you know, 5 whether they would prefer for him not to be 6 there, I don't know. 7 CHAIR KASSEKERT: I don't know that. I 8 think we can certainly get them to stop marketing 9 to you, if you're concerned that you're being 10 marketed to, and you're being invited to come in. 11 So we can certainly take care of -- you know, we 12 can take care of that issue. 13 MR. JOHNSON: Well, the address that I 14 would give to you to send would be the local FBI 15 office here in Northfield. 16 CHAIR KASSEKERT: Okay. 17 MR. JOHNSON: Mark Johnson. 18 CHAIR KASSEKERT: What's your sister's 19 address, can you give us that? 20 MR. JOHNSON: Well, it wouldn't be 21 advisable to send it to my sister's address. I'm 22 not there, and I won't get it. I'm almost 23 certain I would get it in Northfield from Special 24 Agent Mark Johnson, I'm always positive, or Mike 25 Fiesta. I'm almost positive that I would get 47 Public Participation 1 that. 2 COMMISSIONER FEDORKO: Are you working 3 for the FBI? 4 MR. JOHNSON: Voluntarily, I've been 5 doing work for the FBI, and I have the address. 6 COMMISSIONER FEDORKO: What does that 7 mean, doing work for the FBI? 8 MR. JOHNSON: Various subjects of 9 terrorism and drug smuggling. 10 COMMISSIONER FEDORKO: What's the name of 11 the agents you're working with? 12 MR. JOHNSON: What's the name of the 13 agent? 14 COMMISSIONER FEDORKO: Yes, that you're 15 working with. 16 MR. JOHNSON: One agent was named James 17 Cow, which is in Philly, and the other agent is a 18 friend, Mark Johnson. Mark Johnson is now a 19 supervisor agent in the bureau, in the department 20 here in Northfield, and I've been in contact with 21 him on a regular basis. I'm trying to make sure 22 I have the correct address. 23 CHAIR KASSEKERT: We can get that 24 address, don't worry about that. That's not a 25 problem. 48 Public Participation 1 MR. JOHNSON: 1601 New Road, Northfield, 2 I'm trying to find the zip code. 3 CHAIR KASSEKERT: That's okay. 4 MR. KELL: We have that. 5 MR. JOHNSON: You have that? 6 MR. KELL: Yes. 7 CHAIR KASSEKERT: We appreciate you 8 coming in and telling us about these issues 9 again, and as you know, our staff has been very 10 open to listening to your issues. 11 MR. JOHNSON: May I ask one more 12 question? 13 CHAIR KASSEKERT: Sure. 14 MR. JOHNSON: Is it a fact that the 15 personnel such as the security department, the 16 small level, is trained in and are capable of 17 policing or detaining a person for disorderly 18 person's offense? 19 CHAIR KASSEKERT: Yes. 20 MR. JOHNSON: They are trained -- 21 CHAIR KASSEKERT: Yes. 22 MR. JOHNSON: -- in that particular. 23 CHAIR KASSEKERT: That's part of their 24 job responsibility. If there's a disruption in 25 the casino, they can ask people to leave. They 49 Public Participation 1 can -- you know, they can call the police. They 2 can call the Division if it deals with, you know, 3 gaming issues, the State Police, yes. 4 MR. JOHNSON: They can call them or can 5 they detain them for that particular issue? 6 CHAIR KASSEKERT: I don't know if -- 7 Mr. Kell, do you know if they can? 8 MR. KELL: Well, they can certainly 9 detain if the person's disorderly. 10 CHAIR KASSEKERT: Yes. 11 MR. KELL: I mean, it depends on the 12 circumstances. 13 MR. JOHNSON: Well, if they ask a person 14 to leave, and the person says I will prefer you 15 to call the Division, do they have a right to 16 detain that person until the Division comes, or 17 can that person still -- 18 CHAIR KASSEKERT: I would think if the 19 behavior was disorderly, yes. 20 MR. JOHNSON: Not disorderly, just a 21 request of that particular authority or their 22 particular capabilities understanding whether 23 that person should be on the grounds or not be on 24 the grounds because my complaint is that I was 25 under the impression that I wasn't excluded, and 50 Public Participation 1 that I had every right to come on the grounds and 2 just because you felt that you want to ask me to 3 leave, they deny me of to question me for doing 4 so, I didn't feel that that's a matter of 5 disorder. 6 CHAIR KASSEKERT: Okay. 7 MR. JOHNSON: Would you consider that a 8 matter of disorder? 9 CHAIR KASSEKERT: Yes. It's really not 10 our determination. That's really a case by case 11 up to the casinos. So, you know, but again, we 12 will continue to listen to you on your issues, 13 and we thank you for coming today. 14 MR. JOHNSON: Okay. 15 CHAIR KASSEKERT: Okay? 16 MR. JOHNSON: Okay. So when will I get 17 this information, how long will it take for them 18 to get this in writing? 19 CHAIR KASSEKERT: Well, I don't know that 20 -- 21 MR. KELL: I don't know. We can ask, we 22 can certainly ask the casinos if you're on any 23 list, if you want to be off those lists, take 24 your name off the list, they do that with 25 self-exclusion list. 51 Public Participation 1 MR. JOHNSON: Well, I don't want to ask 2 them to take my name off the list. I want them 3 to verify that the licensee of the board members 4 have decided or agreed with them in terms of me 5 not being allowed in the casino. 6 Now, if they're going to keep 7 approaching me, asking me to leave, I'm still in 8 the same situation. I never know because I still 9 go in those casinos as long as I don't have a 10 record that I'm excluded from those casinos. Do 11 you understand what I'm trying to point out? 12 MR. KELL: I understand, but us 13 understanding in some cases when you've been 14 evicted, you know, according to their reports, 15 they've said that they had good reasons to evict 16 you. So I mean it's -- 17 MR. JOHNSON: Well, that might be a 18 little fabricated and a little fear because of 19 some of the allegations or charges that I have 20 brought against them. I think that's out of fear 21 more so than the fact of me doing something. 22 They will not state exactly what I did or 23 anything in that regard. They're saying that all 24 prior events, this is the reason why that they're 25 asking me to leave, not that I'm repeating the 52 Public Participation 1 offense. It's just because we evicted you once, 2 we have a right to keep evicting you repeatedly 3 and repeatedly. 4 Now, I don't feel that that's fair in 5 terms of the supporting aspect of the way I look 6 at the casino. However, that's something that 7 the Commission and the Board members and the 8 owners would have to get together with them to 9 decide among themselves. 10 MR. KELL: There's a statute that a 11 disorderly person's conviction in the casino that 12 gives them the right to evict subsequently to 13 that. 14 MR. JOHNSON: That gives them the right 15 to exclude. That gives them the right to exclude 16 according to your right. If you have a prior 17 conviction of a disorderly person's offense, they 18 have the right to make application to have you 19 excluded from the casino. That's true. I 20 couldn't congregate (sic) that. It's just that 21 that process hasn't been done. 22 CHAIR KASSEKERT: Okay. Well, once 23 again, thank you for bringing your concerns to 24 our attention. Okay? 25 MR. JOHNSON: Okay. You all have another 53 Public Participation 1 meeting in two weeks. 2 CHAIR KASSEKERT: Yes. 3 MR. JOHNSON: If I survive this, then I 4 probably will be here to find out whether those 5 results have been taken care of. Thank you all. 6 MR. KELL: See you in three weeks, three 7 weeks until the next meeting. 8 MR. JOHNSON: What is your name? 9 MR. KELL: Dennis Kell, K-e-l-l. 10 MR. JOHNSON: Do you have a card? 11 CHAIR KASSEKERT: Is there anyone else 12 from the public who wishes to be heard? 13 Seeing no one, I'll declare this portion 14 of the meeting closed and entertain a motion to 15 adjourn. 16 VICE CHAIR FRULIO: Motion to adjourn. 17 COMMISSIONER FEDORKO: Second. 18 CHAIR KASSEKERT: The motion has been 19 made and seconded. All in favor? 20 (Aye.) 21 CHAIR KASSEKERT: Opposed? 22 (No response.) 23 CHAIR KASSEKERT: The motion carries. 24 (Whereupon, the proceedings are 25 adjourned at 11:10 a.m.) 54 1 C E R T I F I C A T E 2 3 4 I, CHRISTINE STANCO, a Certified 5 Shorthand Reporter and Notary Public of the State 6 of New Jersey, do hereby certify that the 7 foregoing is a true and accurate transcript of 8 the stenographic notes as taken by and before me, 9 on the date and place hereinbefore set forth. 10 11 12 13 14 15 16 17 CHRISTINE STANCO, C.S.R. 18 LICENSE NO. XI00789 19 20 21 22 23 24 25