1 1 STATE OF NEW JERSEY 2 CASINO CONTROL COMMISSION 3 - - - - - - - - - - - - - - - - - - - 4 5 PUBLIC MEETING NO. 06-10-04 6 7 - - - - - - - - - - - - - - - - - - - 8 9 Wednesday, October 4, 2006 10 Atlantic City Commission Offices 11 Tennessee and Boardwalk 12 Atlantic City, New Jersey 08401 13 10:30 a.m. to 10:50 a.m. 14 15 16 17 Certified Shorthand Reporter: Christine Stanco 18 - - - - - - - - - - - - - - - - - - - - - - - - 19 20 21 CIPOLLONI & ASSOCIATES, INC. 22 CERTIFIED SHORTHAND REPORTERS 23 1125 Atlantic Avenue, Suite 416 24 Atlantic City, New Jersey 08401 25 (609) 348-9190 2 1 B E F O R E : 2 CASINO CONTROL COMMISSION: LINDA M. KASSEKERT, CHAIR 3 RALPH G. FRULIO, VICE CHAIR MICHAEL C. EPPS, COMMISSIONER 4 WILLIAM T. SOMMELING, COMMISSIONER MICHAEL A. FEDORKO, COMMISSIONER 5 PRESENT FOR THE CASINO CONTROL COMMISSION: 6 DARYL W. NANCE, ADMINISTRATIVE ANALYST LISA SPENGLER, PUBLICATIONS COORDINATOR 7 OFFICE OF THE GENERAL COUNSEL: 8 DIANNA W. FAUNTLEROY, GENERAL COUNSEL/ EXECUTIVE SECRETARY 9 MARY WOZNIAK, ASSISTANT GENERAL COUNSEL STEVEN M. INGIS, ASSISTANT GENERAL COUNSEL 10 DENIS CORBETT, SENIOR COUNSEL THERESA M. NAGENGAST, SENIOR COUNSEL 11 SETH H. BRILIANT, SENIOR COUNSEL BERNADETTE T. FRIGEN, PROGRAM SUPERVISOR 12 DIVISION OF LICENSING: 13 RICHARD ROSS, SUPERVISING ANALYST 14 DIVISION OF GAMING ENFORCEMENT: DEPUTY ATTORNEYS GENERAL: 15 JACK ADAMS TIMOTHY FICCHI 16 RICK McDONOUGH NORMA STANCIL 17 LANE STEBBINS DOROTHY TURI 18 19 20 21 22 23 24 25 3 1 A P P E A R A N C E S: 2 ITEM 3 RICHARD ROSS, SUPERVISING ANALYST RICK McDONOUGH, DIVISION STAFF 3 LAURA McALLISTER COX, ESQ. FOR: GAMING PARTNERS INTERNATIONAL USA, 4 INC., GAMING PARTNERS INTERNATIONAL S.A.S. AND GPI MEXICANA S.A. DE C.V. 5 ITEM 4 NORMA STANCIL, DIVISION STAFF ITEM 5 DENIS CORBETT, SENIOR COUNSEL 6 NORMA STANCIL, DIVISION STAFF NORMAN ZLOTNICK, ESQ. 7 FOR: GERALDINE M. EGGERS ITEM 6 BERNADETTE T. FRIGEN, PROGRAM SUPERVISOR 8 NORMA STANCIL, DIVISION STAFF ITEM 7 BERNADETTE T. FRIGEN, PROGRAM SUPERVISOR 9 NORMA STANCIL, DIVISION STAFF ITEM 8 BERNADETTE T. FRIGEN, PROGRAM SUPERVISOR 10 LANE STEBBINS, DIVISION STAFF ITEM 9 BERNADETTE T. FRIGEN, PROGRAM SUPERVISOR 11 NORMA STANCIL, DIVISION STAFF ITEM 10 THERESA M. NAGENGAST, SENIOR COUNSEL 12 JACK ADAMS, DIVISION STAFF MARIE JONES, ESQ. 13 FOR: REEL GAMES, INC. AND PROGRESSIVE GAMING INTERNATIONAL CORPORATION 14 ITEM 11 MARK WOZNIAK, ASSISTANT GENERAL COUNSEL DOROTHY TURI, DIVISION STAFF 15 KAREN M. WOSNACK, ESQ. FOR: HARRAH'S OPERATING COMPANY, INC., 16 MARINA ASSOCIATES, ATLANTIC CITY SHOWBOAT, INC., BALLY'S PARK PLACE, INC. 17 AND BOARDWALK REGENCY CORP. ITEM 12 SETH H. BRILIANT, SENIOR COUNSEL 18 TIMOTHY FICCHI, DIVISION STAFF KAREN M. WOSNACK, ESQ. 19 FOR: ATLANTIC CITY SHOWBOAT, INC. 20 21 22 23 24 25 4 1 AGENDA PUBLIC MEETING NO. 06-10-04 2 October 4, 2006, 10:30 a.m. ITEM DESCRIPTION PAGE VOTE 3 1 Ratification of the minutes of September 20, 2006 public meeting 8 8 4 2 Applications for employee and casino service industry licenses: 5 Remand for hearings 4 license applications for initial and/or 6 renewal of casino key and casino employee licenses 9 9 7 Remand for hearing CSI license application of Mohan B. Laungani 9 10 8 Grant 4 applications for initial and/or renewal of casino key and casino 9 employee licenses 10 10 Grant CSI license initial and 10 renewal application of C.M.S. Glass Co., Inc. 10 11 11 3 Petition of Gaming Partners International USA, Inc. (GPI-USA), Gaming Partners 12 International S.A.S. (GPI-SAS) and GPI Mexicana S.A. de C.V. (GPI-Mexicana) 13 for the temporary qualification of Robert J. Kelly and Charles R. Henry, 14 pursuant to N.J.A.C. 19:51-1.14B; and for the issuance of casino service 15 industry licenses to GPI-USA, GPI-SAS, and GPI-Mexicana, pursuant to N.J.S.A. 16 5:12-92(a) (PRN 1380605) 11 13 4 Stipulations of settlement and consent 17 agreements: A) Jerome C. Chrisp (04-0919-RC) 14 15 18 B) April L. Lazlo (Not present) (06-0491-EA) 14 15 19 C) Patricia Lingo (06-0270-EA) 14 15 D) Tristan R. Savona (06-0365-EA) 14 15 20 E) Michael J. Grieco (04-0378-EA) 14 15 F) Carlton L. Torian (Not present) 21 (05-0764-EA) 14 15 G) David S. Kloster (Not present) 22 (06-0490-EA) 14 15 H) Ralph E. DiNapoli (06-0077-EA) 14 15 23 5 Request of Geraldine M. Eggers to withdraw her casino key employee license 24 application (05-0710-MI) 16 17 6 Reconsideration of Final Orders due to 25 non-compliance of conditions therein: A) Eric A. Cheatham (05-0081-NC) 17 19 5 1 ITEM DESCRIPTION PAGE VOTE B) Laurence J. Serota (05-0864-NC) 17 19 2 7 Final Action in State v. Leyni v. Soto-Villar (06-0247-VC) 19 20 3 8 Consideration of Forfeiturre Order in State v. Bally's Park Place, Inc., 4 (d/b/a Bally's Atlantic City Hotel and Casino); et. al. (06-0341-VC) 21 23 5 9 Application for Suspension in State v. Shaheeda D. Pannell (06-0480-RC) 23 24 6 10 Petition of Reel Games, Inc. and Progressive Gaming International 7 Corporation for a Declaratory Ruling (PRN 2290604) 24 25 8 11 Petition of Harrah's Operating Company, Inc., (HOC), Marina Associates, Atlantic 9 City Showboat, Inc., Bally's Park Place and Boardwalk Regency Corp. for a Waiver 10 of the qualification requirement for an Officer of HOC (Thom Reilly) 11 (PRN 2680605) 26 27 12 Petition of Atlantic City Showboat, 12 Inc., (t/a Showboat Casino Hotel) for amendments to its Certificate of Operation 13 and Casino Hotel Alcoholic Beverage License to permit reconfigurations and 14 expansion of its gaming floor 28 29 (PRN 2510606) 15 16 17 18 19 20 21 22 23 24 25 6 1 E X H I B I T S 2 3 NUMBER DESCRIPTION EVD 4 ITEM 2 5 EL-1 Remand for hearings 4 license 6 applications 9 7 EL-2 Grant 4 license applications 9 8 9 10 11 12 (Exhibits retained by Commission.) 13 14 15 16 17 18 19 20 21 22 23 24 25 7 1 (Public Meeting No. 06-10-04 commenced 2 at 10:30 a.m.) 3 MR. NANCE: Good morning. I'd like to 4 read an opening statement. 5 This is to advise the general public 6 that in Compliance with Chapter 231 of the Public 7 Laws of 1975 entitled the "Open Public Meetings 8 Act", the New Jersey Casino Control Commission on 9 October 13, 2005 filed with the Secretary of 10 State at the State House in Trenton an Annual 11 Meeting Schedule. On October 14th, copies were 12 mailed to the Press of Atlantic City, the Newark 13 Star Ledger and the Office of the Clerk of 14 Atlantic City. 15 Members of the press will be permitted 16 to take photographs, and we ask that this be done 17 in a manner which is not disruptive or 18 distracting to the Commission. 19 The use of cellular telephones in the 20 Public Meeting Room while the Commission is in 21 session is prohibited. 22 Any member of the public who wish to 23 address the Commission will be given the 24 opportunity to do so before the Commission 25 adjourns for the day. 8 Item No. 1 1 Please stand for the Pledge of 2 Allegiance. 3 (Whereupon, the Pledge of Allegiance was 4 executed.) 5 CHAIR KASSEKERT: Good morning. 6 MR. NANCE: Good morning. The matters 7 discussed in closed session were employee and 8 enterprise license matters. The Commission 9 approved the September 20th, 2006 closed session 10 minutes; litigation update regarding State versus 11 David Wirtz, Warren Lackland and Lewis M. 12 Springer, Jr. versus State of New Jersey and 13 Casino Control Commission; appeal in applications 14 of Interstate Drywall Corporation, et al, and 15 Gloria Ford versus State of New Jersey, Casino 16 Control Commission, et al. 17 MR. NANCE: Item No. 1, ratification of 18 the minutes of September 20th, 2006. 19 COMMISSIONER SOMMELING: Move to approve. 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.) 9 Item No. 2 1 CHAIR KASSEKERT: The motion carries. 2 (The Commission members vote unanimously 3 in favor of the motion.) 4 MR. NANCE: Item No. 2, applications for 5 employee and casino service industry licenses. 6 This agenda item will be entered as 7 Exhibit Lists 1 and 2. 8 (Whereupon, Exhibit Lists 1 and 2 were 9 entered into evidence.) 10 MR. NANCE: Exhibit List 1 consists of 11 four applications for initial and/or renewal of 12 casino key and casino employee licenses. The 13 Division has objected to licensure. 14 VICE CHAIR FRULIO: Motion to remain for 15 hearings. 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 MR. NANCE: For consideration is the 10 Item No. 2 1 junket related casino service industry license 2 application of Mohan B. Laungani. The Division 3 has objected to this application. 4 VICE CHAIR FRULIO: Motion to remand for 5 a hearing. 6 COMMISSIONER FEDORKO: Second. 7 CHAIR KASSEKERT: The motion has been 8 made and seconded. All in favor? 9 (Aye.) 10 CHAIR KASSEKERT: Opposed? 11 (No response.) 12 CHAIR KASSEKERT: The motion carries. 13 (The Commission members vote unanimously 14 in favor of the motion.) 15 MR. NANCE: Exhibit List 2 consists of 16 four applications for initial and/or renewal of 17 casino key and casino employee licenses. Staff 18 and the Division have recommended that these 19 licenses be granted. 20 VICE CHAIR FRULIO: Motion to grant 21 applications. 22 COMMISSIONER FEDORKO: Second. 23 CHAIR KASSEKERT: The motion has been 24 made and seconded. All in favor? 25 (Aye.) 11 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 MR. NANCE: For consideration is the 7 non-gaming related casino service industry 8 license application pursuant to N.J.S.A. 9 5:12-92(c) for C.M.S. Glass Co., Inc. Staff and 10 the Division have recommended that this 11 application be granted. 12 VICE CHAIR FRULIO: Motion to grant 13 application. 14 COMMISSIONER FEDORKO: Second. 15 CHAIR KASSEKERT: The motion has been 16 made and seconded. All in favor? 17 (Aye.) 18 CHAIR KASSEKERT: Opposed? 19 (No response.) 20 CHAIR KASSEKERT: The motion carries. 21 (The Commission members vote unanimously 22 in favor of the motion.) 23 MR. NANCE: Item No. 3, Petition Number 24 1380605 of Gaming Partners International USA, 25 Inc., Gaming Partners International S.A.S. and 12 Item No. 3 1 GPI Mexicana S.A. de C.V. is requesting the 2 temporary qualifications of Robert J. Kelly and 3 Charles R. Henry, pursuant to N.J.A.C. 4 19:51-1.14B; and for the issuance of casino 5 service industry licenses to Gaming Partners 6 International USA, Inc., Gaming Partners 7 International S.A.S. and GPI Mexicana S.A. de 8 C.V., pursuant to N.J.S.A. 5:12-92(a). 9 MR. ROSS: Good morning. Laura 10 McAllister Cox is here representing the Gaming 11 Partners International, and Rick McDonough 12 representing the Division. 13 CHAIR KASSEKERT: Thank you. Good 14 morning, Miss Cox. How are you? 15 MS. COX: Very well, nice to see you, 16 Chair Kassekert and Commissioners, good morning. 17 Very pleased to be here finally to hopefully get 18 these licenses issued and appreciate your 19 consideration of the petition concerning our two 20 new directors. Thank you very much. 21 CHAIR KASSEKERT: Mr. McDonough? 22 MR. McDONOUGH: Good morning, Chair. We 23 have filed reports on the three applicants 24 recommending that licenses be issued to them, and 25 we've also filed reports on the two outside 13 Item No. 3 1 directors for temporary qualification 2 recommending that they be found qualified on a 3 temporary basis; and if you have any questions, 4 I'll be happy to answer them. Thank you. 5 CHAIR KASSEKERT: Thank you. 6 Any questions for the parties? 7 COMMISSIONER SOMMELING: No questions, 8 Madam Chair. 9 COMMISSIONER FEDORKO: Motion to approve 10 the petition and find Robert J. Kelly and Charles 11 R. Henry temporarily qualified to exercise the 12 powers and assume the duties of Outside Director 13 of Gaming Partners International Corporation for 14 a period of 18 months, pursuant to N.J.A.C. 15 19:51-1.14B; and grant the gaming related casino 16 service industry license initial applications of 17 Gaming Partners International USA, Inc., Gaming 18 Partners International S.A.S. and GPI Mexicana 19 S.A. de C.V., pursuant to N.J.S.A. 5:12-92(a). 20 COMMISSIONER FEDORKO: Second. 21 CHAIR KASSEKERT: The motion has been 22 made and seconded. This is a roll call vote. 23 MR. NANCE: Commissioner Sommeling? 24 COMMISSIONER SOMMELING: Yes. 25 MR. NANCE: Commissioner Epps? 14 Item No. 4 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 that 9 the motion is unanimous. 10 MS. COX: Thank you. 11 CHAIR KASSEKERT: Congratulations. 12 MR. NANCE: Item No. 4, stipulations of 13 settlement and consent agreements. When I call 14 your name, please come forward, stand behind this 15 middle table, spreading across the room so that 16 you may be seen: Jerome Chrisp, April Lazlo, 17 Patricia Lingo, Tristan Savona, Michael Grieco, 18 David Kloster, Ralph Di Napoli. Carlton Torian 19 has been administratively removed from 20 consideration. 21 CHAIR KASSEKERT: Thank you. 22 Is everyone whose name's been called 23 come forward at this point? 24 I'm going to ask that you each state 25 your name for the record starting with you. 15 Item No. 4 1 MR. SAVONA: Tristan Savona. 2 MR. DI NAPOLI: Ralph Di Napoli. 3 MR. CHRISP: Jerome Chrisp. 4 MS. LINGO: Patricia Lingo. 5 MR. GRIECO: Michael Grieco. 6 CHAIR KASSEKERT: Thank you. In a 7 moment, we're going to vote on the stipulations 8 which you've agreed to with the Division of 9 Gaming Enforcement. 10 I'm going to ask at this point if any of 11 you wish to be heard on your matter. You don't 12 have to say anything if you don't want to. Does 13 anyone wish to be heard? 14 (No response.) 15 CHAIR KASSEKERT: Miss Stancil? 16 MS. STANCIL: I'd ask that you approve 17 the stipulations. 18 CHAIR KASSEKERT: Thank you. 19 Any questions? 20 COMMISSIONER SOMMELING: Move to approve 21 the stipulations, Madam Chair. 22 COMMISSIONER FEDORKO: Second. 23 CHAIR KASSEKERT: The motion has been 24 made and seconded. All in favor? 25 (Aye.) 16 Item No. 5 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. 5, request of 9 Geraldine M. Eggers to withdraw her casino key 10 employee license application. 11 Mr. Corbett? 12 MR. CORBETT: Good morning, Chair, 13 Commissioners. Approval of the stipulation of 14 settlement in this case will allow the applicant 15 to withdraw her application, and she's prohibited 16 from reapplying until April 6th, 2008. 17 Mr. Zlotnick is here for the applicant, 18 and Miss Stancil for the Division. 19 CHAIR KASSEKERT: Thank you. 20 Mr. Zlotnick, good morning. 21 MR. ZLOTNICK: Good morning, Chair. This 22 is, was a negotiated settlement between the 23 applicant as well as the Division. I urge the 24 Commission to ratify the settlement. We've 25 agreed to it in writing, signed off on it as well 17 Item No. 6 1 as has the Division. 2 CHAIR KASSEKERT: Thank you. 3 Miss Stancil? 4 MS. STANCIL: I have nothing further. 5 CHAIR KASSEKERT: Thank you. 6 Any questions? 7 COMMISSIONER FEDORKO: Motion to grant 8 the relief requested and allow Ms. Eggers to 9 withdraw her application for a casino key 10 employee license subject to the condition that 11 she be prohibited from reapplying for a casino 12 key employee license until April 6th, 2007. 13 MR. NANCE: Excuse me, 2008. 14 COMMISSIONER FEDORKO: 2008. 15 COMMISSIONER SOMMELING: Second. 16 CHAIR KASSEKERT: The motion has been 17 made and seconded. All in favor? 18 (Aye.) 19 CHAIR KASSEKERT: Opposed? 20 (No response.) 21 CHAIR KASSEKERT: The motion carries. 22 (The Commission members vote unanimously 23 in favor of the motion.) 24 MR. ZLOTNICK: Thank you. 25 MR. NANCE: Item No. 6, reconsideration 18 Item No. 6 1 of final orders due to non-compliance of 2 conditions therein for Eric Cheatham and Laurence 3 Serota. 4 Miss Frigen? 5 MS. FRIGEN: Good morning, Madam Chair, 6 Commissioners. I don't believe they are here, 7 but let me ask for the record whether 8 Mr. Cheatham or Mr. Serota is present or 9 represented today? 10 (No response.) 11 MS. FRIGEN: Apparently not. 12 Following the Commission granting their 13 license applications, each of these gentleman has 14 failed to comply with the reporting requirements 15 that were set forth in the orders and their 16 respective settlements. 17 With respect to Mr. Cheatham, he also 18 failed to attend a conference on June 29th of 19 this year, and Mr. Serota, who is presently 20 residing in Florida, contacted the staff and 21 advised basically, he's no longer interested in 22 his licensure, and he wanted to relinquish it. 23 Consequently, both of their matters are 24 presented to the Commission for reconsideration. 25 CHAIR KASSEKERT: Thank you. 19 Item No. 7 1 Miss Stancil, anything to add? 2 MS. STANCIL: I'd ask that you deny the 3 applications. 4 CHAIR KASSEKERT: Thank you. 5 Any questions? 6 COMMISSIONER SOMMELING: No questions, 7 Madam Chair. 8 COMMISSIONER EPPS: Madam Chair, based 9 upon non-compliance with reporting conditions set 10 forth in their respective orders, I move that we 11 vacate the existing orders and deny the 12 respective license applications of Messrs. 13 Cheatham and Serota. 14 COMMISSIONER SOMMELING: Second. 15 CHAIR KASSEKERT: The motion has been 16 made and seconded. All in favor? 17 (Aye.) 18 CHAIR KASSEKERT: Opposed? 19 (No response.) 20 CHAIR KASSEKERT: The motion carries. 21 (The Commission members vote unanimously 22 in favor of the motion.) 23 MR. NANCE: Item No. 7, final action in 24 State versus Leyni v. Soto-Villar. 25 Miss Frigen? 20 Item No. 7 1 MS. FRIGEN: Is Miss Soto-Villar present 2 or represented here today? 3 (No response.) 4 MS. FRIGEN: Apparently, she's not here. 5 For your consideration is the Division's 6 complaint which cites Miss Soto-Villar for 7 underage gaming violation. I would refer this 8 matter over to Miss Stancil for the Division's 9 position with respect to a proposed action. 10 CHAIR KASSEKERT: Thank you. 11 MS. STANCIL: The Division has 12 recommended that the Commission impose a civil 13 penalty of $1500 for this violation with the 14 understanding she's not employed in the industry. 15 CHAIR KASSEKERT: Thank you. 16 Any questions? 17 COMMISSIONER SOMMELING: No questions, 18 Madam Chair. 19 COMMISSIONER FEDORKO: Motion to impose a 20 civil penalty of $1500 against Ms. Soto-Villar 21 for violation of Section 119(a) of the Act. 22 VICE CHAIR FRULIO: Second. 23 CHAIR KASSEKERT: The motion has been 24 made and seconded. All in favor? 25 (Aye.) 21 Item No. 8 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. 8, consideration of 7 Forfeiture Order in State versus Bally's Park 8 Place, Inc., et al. 9 Miss Frigen? 10 MS. FRIGEN: Madam Chair, Commissioners, 11 at this juncture of the proceedings, the staff 12 requests Commission only take action on Counts 1, 13 2 and 3 of the complaint. We're making efforts 14 to notice further respondent in Count 4. 15 For your consideration is action on 16 those counts of the complaint which seeks 17 forfeiture of money due to each respondent being 18 under age at the time of the gambling activity. 19 We did receive a letter from Lynne 20 Hughes advising that the casino has no contest to 21 the forfeiture action, and I would note that 22 Karen Wosnack is present in the meeting room in 23 the event the Commission has any questions. 24 Thank you. 25 CHAIR KASSEKERT: Mr. Stebbins? 22 Item No. 8 1 MR. STEBBINS: Good morning, Madam Chair, 2 members of the Commission, pinch hitting at this 3 time of the year for DAG Tanenhaus. 4 I concur with comments of Miss Frigen. 5 The fourth count will be addressed separately at 6 a later time, there were some notice issues 7 attached to that which will in due course come 8 back to you; but in the meantime, for the first 9 three counts, I would ask that you enter the 10 appropriate orders so that the state can recover 11 the funds. Thank you. 12 CHAIR KASSEKERT: Any questions? 13 COMMISSIONER SOMMELING: No questions, 14 Madam Chair. 15 VICE CHAIR FRULIO: With respect to 16 Counts 1, 2 and 3 of the complaint, order that 17 Bally's Park Place, Inc. remit $256.55 to the 18 Commission in accordance with N.J.S.A. 19 5:12-71.3(c), which represents money forfeited by 20 three patrons for having gambled under age; and 21 the fourth count of the complaint shall be 22 continued pending further developments. 23 COMMISSIONER FEDORKO: Second. 24 CHAIR KASSEKERT: The motion has been 25 made and seconded. All in favor? 23 Item No. 9 1 (Aye.) 2 CHAIR KASSEKERT: Opposed? 3 (No response.) 4 CHAIR KASSEKERT: The motion carries. 5 (The Commission members vote unanimously 6 in favor of the motion.) 7 MR. NANCE: Item No. 9, application for 8 suspension in State versus Shaheeda Pannell. 9 Miss Frigen? 10 MS. FRIGEN: Is Miss Pannell present or 11 represented here today? 12 (No response.) 13 MS. FRIGEN: Apparently, she's not. 14 I'll refer this matter over to the 15 Division. 16 CHAIR KASSEKERT: Miss Stancil? 17 MS. STANCIL: I ask that you grant the 18 application. 19 CHAIR KASSEKERT: Thank you. 20 Any questions? 21 COMMISSIONER SOMMELING: Madam Chair, 22 move to grant the Division's application to 23 suspend Ms. Pannell's casino employee license. 24 COMMISSIONER FEDORKO: Second. 25 CHAIR KASSEKERT: The motion has been 24 Item No. 10 1 made and seconded. All in favor? 2 (Aye.) 3 CHAIR KASSEKERT: Opposed? 4 (No response.) 5 CHAIR KASSEKERT: The motion carries. 6 (The Commission members vote unanimously 7 in favor of the motion.) 8 MR. NANCE: Item No. 10, petition of Reel 9 Games, Inc. and Progressive Gaming International 10 Corporation for a declaratory ruling. 11 Miss Nagengast? 12 MS. NAGENGAST: Good morning, Chair, 13 Commissioners. 14 For your consideration is a petition 15 seeking permission to be able to invoice certain 16 casinos for certain transactions. 17 Miss Jones is here on behalf of the 18 Petitioner, and Jack Adams on behalf of the 19 Division. 20 CHAIR KASSEKERT: Thank you. 21 Good morning. 22 MS. JONES: Good morning, Chair, 23 Commissioners. You have our petition. We've 24 seen the Division's report. We'll be happy to 25 address any questions you have. 25 Item No. 10 1 CHAIR KASSEKERT: Thank you. 2 Mr. Adams? 3 MR. ADAMS: Good morning, Madam Chair, 4 Commission. You have my letter. We don't oppose 5 the relief that's requested. 6 CHAIR KASSEKERT: Any questions? 7 COMMISSIONER SOMMELING: No questions, 8 Madam Chair. 9 COMMISSIONER FEDORKO: Motion to grant 10 the sealing request and seal Exhibits A and B 11 which are attachments to the petition as 12 permitted by N.J.S.A. 5:12-74(d), and grant Reel 13 Games, Inc. permission to invoice and receive 14 payments from certain casino licensees for the 15 period April 1st, 2006 through July 2nd, 2006 for 16 Caribbean stud games. 17 COMMISSIONER SOMMELING: Second. 18 CHAIR KASSEKERT: The motion has been 19 made and seconded. All in favor? 20 (Aye.) 21 CHAIR KASSEKERT: Opposed? 22 (No response.) 23 CHAIR KASSEKERT: The motion carries. 24 (The Commission members vote unanimously 25 in favor of the motion.) 26 Item No. 11 1 MS. JONES: Thank you. 2 MR. NANCE: Item No. 11, petition of 3 Harrah's Operating Company, Inc., Marina 4 Associates, Atlantic City Showboat, Inc., 5 Bally's Park Place, Inc. and Boardwalk Regency 6 Corp. for a waiver of qualification requirement 7 for an Officer of HOC. 8 Miss Wozniak? 9 MS. WOZNIAK: Good morning. The 10 requested waiver is as to Mr. Reilly's position 11 as Vice President of Community Reinvestment and 12 Social Responsibility for Harrah's Operating 13 Company. 14 Miss Wosnack is here for the 15 Petitioners, and Miss Turi for the Division. 16 CHAIR KASSEKERT: Thank you. 17 MS. WOSNACK: Good morning, Madam Chair, 18 Commissioners. We reviewed the draft resolution, 19 and we ask that you adopt it as drafted. Thank 20 you. 21 CHAIR KASSEKERT: Miss Turi, good 22 morning. 23 MS. TURI: Good morning, Madam Chair, 24 Commissioners. We have also reviewed the draft 25 resolution; and subject to all the conditions 27 Item No. 11 1 therein, we have no objection to it being 2 entered. 3 CHAIR KASSEKERT: Thank you. 4 Any questions? 5 COMMISSIONER SOMMELING: No questions, 6 Madam Chair. 7 COMMISSIONER EPPS: Chair, we move that 8 we adopt the draft resolution and waive the 9 qualification requirement pursuant to N.J.S.A. 10 5:12-85d(1) as to Thom Reilly in his capacity as 11 Vice President, Community Reinvestment and Social 12 Responsibility for Harrah's Operating Company, 13 Incorporated. 14 COMMISSIONER SOMMELING: Second. 15 CHAIR KASSEKERT: The motion has been 16 made and seconded. This is a roll call vote. 17 MR. NANCE: Commissioner Sommeling? 18 COMMISSIONER SOMMELING: Yes. 19 MR. NANCE: Commissioner Epps? 20 COMMISSIONER EPPS: Yes. 21 MR. NANCE: Commissioner Fedorko? 22 COMMISSIONER FEDORKO: Yes. 23 MR. NANCE: Vice Chair Frulio? 24 VICE CHAIR FRULIO: Yes. 25 MR. NANCE: Chair Kassekert? 28 Item No. 12 1 CHAIR KASSEKERT: Yes. 2 MR. NANCE: The record will reflect that 3 the motion is unanimous. 4 CHAIR KASSEKERT: Thank you. 5 MR. NANCE: Item No. 12, petition of 6 Atlantic City Showboat, Inc. for amendments to 7 its Certificate of Operation and Casino Hotel 8 Alcoholic Beverage License to permit 9 reconfigurations and expansion of its gaming 10 floor. 11 Mr. Briliant? 12 MR. BRILIANT: Good morning, Madam Chair 13 and Commissioners. Miss Wosnack is here on 14 behalf of the Petitioner, and Mr. Ficchi is here 15 on behalf the Division. I have circulated a 16 proposed draft resolution, and the parties have 17 indicated that it is satisfactory to them should 18 the Commission decide to approve the petition. 19 MR. WOSNACK: Good morning, again. We 20 ask that you grant the relief requested in the 21 petition. I do have someone from our -- the 22 Director of Casino Cashiering if anyone has any 23 questions that we can answer for you. Thank you. 24 CHAIR KASSEKERT: Thank you. 25 Mr. Ficchi, good morning. 29 Item No. 12 1 MR. FICCHI: Good morning, Madam Chair 2 and Commissioners. We have nothing further. 3 Mr. Briliant has stated what the Division's 4 position is. 5 CHAIR KASSEKERT: Thank you. 6 Any questions? 7 COMMISSIONER SOMMELING: No questions, 8 Madam Chair. 9 VICE CHAIR FRULIO: Madam Chair, move to 10 adopt the draft resolution and approve the 11 petition of Atlantic City Showboat, Inc. for 12 amendments to its certificate of operation and 13 casino hotel alcoholic beverage license to permit 14 the reconfigurations and expansion of its casino 15 floor subject to the conditions in the 16 resolution. 17 COMMISSIONER FEDORKO: Second. 18 CHAIR KASSEKERT: The motion has been 19 made and seconded. All in favor? 20 (Aye.) 21 CHAIR KASSEKERT: Opposed? 22 (No response.) 23 CHAIR KASSEKERT: The motion carries. 24 (The Commission members vote unanimously 25 in favor of the motion.) 30 Public Participation 1 CHAIR KASSEKERT: Thank you. 2 MR. BRILIANT: Thank you. 3 MR. NANCE: In accordance with Resolution 4 No. 05-12-14-19, the next closed session of the 5 Commission shall be held on Wednesday, October 6 18th, 2006 at 9:15 a.m. in the Commission 7 offices. 8 It is now time for the public 9 participation portion of the meeting. 10 CHAIR KASSEKERT: Is there anyone from 11 the public that wishes to be heard? 12 (No response.) 13 CHAIR KASSEKERT: Seeing no one, I'll 14 declare this portion of the meeting closed and 15 entertain a motion to adjourn. 16 COMMISSIONER SOMMELING: Motion to 17 adjourn. 18 VICE CHAIR FRULIO: 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 31 Public Participation 1 in favor of the motion.) 2 (Whereupon, the Commission hearing was 3 adjourned at 10:50 a.m.) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 32 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