1 1 STATE OF NEW JERSEY 2 CASINO CONTROL COMMISSION 3 - - - - - - - - - - - - - - - - - - - 4 5 PUBLIC MEETING NO. 07-05-16 6 7 - - - - - - - - - - - - - - - - - - - 8 9 Wednesday, May 16, 2007 10 Atlantic City Commission Offices 11 Joseph P. Lordi Public Meeting Room - First Floor 12 Tennessee Avenue and Boardwalk 13 Atlantic City, New Jersey 08401 14 10:35 a.m. to 11:17 a.m. 15 16 17 Certified Shorthand Reporter: Darlene Sillitoe 18 - - - - - - - - - - - - - - - - - - - - - - - - - - - 19 20 CIPOLLONI & ASSOCIATES, INC. 21 CERTIFIED SHORTHAND REPORTERS 22 1125 ATLANTIC AVENUE, SUITE 416 23 ATLANTIC CITY, NEW JERSEY 08401 24 (609) 348-9190 25 www.cipolloni-associates.com 2 1 B E F O R E : 2 CASINO CONTROL COMMISSION: MICHAEL A. FEDORKO, VICE CHAIR 3 MICHAEL C. EPPS, COMMISSIONER RALPH G. FRULIO, COMMISSIONER 4 WILLIAM T. SOMMELING, 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: DIANNA W. FAUNTLEROY, GENERAL COUNSEL/EXECUTIVE 8 SECRETARY STEVEN M. INGIS, ASSISTANT GENERAL COUNSEL 9 TERESA M. NAGENGAST, SENIOR COUNSEL SETH H. BRILIANT, SENIOR COUNSEL 10 LON E. MAMOLEN, SENIOR COUNSEL BERNADETTE T. FRIGEN, PROGRAM SUPERVISOR 11 12 DIVISION OF LICENSING: JOHN BOWMAN, MANAGER 13 SHARON HAND, MANAGER 14 DIVISION OF GAMING ENFORCEMENT: DEPUTY ATTORNEYS GENERAL 15 JAMES ARMSTRONG, DEPUTY ATTORNEY GENERAL BRIAN BISCIEGLIA, DEPUTY ATTORNEY GENERAL 16 TIMOTHY C. FICCHI, DEPUTY ATTORNEY GENERAL R. LANE STEBBINS, DEPUTY ATTORNEY GENERAL 17 18 19 20 21 22 23 24 25 3 1 A P P E A R A N C E S : 2 ITEM NO. 9 SETH H. BRILIANT, SENIOR COUNSEL TIMOTHY C. FICCHI, DEPUTY ATTORNEY GENERAL 3 BY: LEO PREVITY, ESQ. FOR: IGT 4 ITEM NO. 10 SETH H. BRILIANT, SENIOR COUNSEL 5 TIMOTHY C. FICCHI, DEPUTY ATTORNEY GENERAL BY: LEO PREVITY, ESQ. 6 FOR: IGT 7 ITEM NO. 12 SETH H. BRILIANT, SENIOR COUNSEL TIMOTHY C. FICCHI, DEPUTY ATTORNEY GENERAL 8 BY: FRANCIS LENTZ, PRO SE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 1 AGENDA PUBLIC MEETING NO. 07-05-16 2 MAY 16, 2007, 10:35 a.m. ITEM PAGE VOTE 3 1 Ratification of the minutes of 8 9 4 May 2, 2007 2 Applications for employee and casino 5 service industry licenses: 7 remanded applications for initial 13 13 6 and/or renewal 10 granted applications for initial 14 14 7 and/or renewal Application of Bond Morgage New Jersey 13 14 8 Application of Phoenix Marketing, Inc. 14 14 Application for James A. Rigot 15 15 9 3 Stipulations of settlement and consent agreements: 10 a) Barry L. Hamlett, Jr. (07-0100-EA) 15 18 b) Raymond R. Volanto (06-0449-EA) 15 18 11 c) Marc A. Bongiorno (06-0398-ER; 15 18 06-0115-RC) 12 d) Juan Perez (06-0173-ER) 15 18 e) Luis A. Rivera-Moya (06-174-ER) 15 18 13 f) Michael A. Dellaratto 07-0214-EA) Sworn to testify 17 14 e) Bridgette S. Haynes (07-0101-EA) 15 18 f) Tracy McNeil (07-0097-ER) 15 18 15 g) Phuong RT. Le (07-9217-EA) 15 18 h) Logan Holt (-7-0230-EA) 15 18 16 4 Applications for suspension: a) Patria A. Dennis(07-0256-RC) 18 25 17 Sworn to testify 18 b) Nancy B. Olevsky (07-0257-RC) 17 25 18 c) Illya R. Ortiz (a/k/a Illya 17 25 Acosta) (07-0258-RC) 19 5 Reconsideration of Commission orders due to non-compliance of conditions therein: 20 a) Linda Bell (a/k/a Daniels, Brutus) 26 28 (07-0044-NC) 21 b) Joi N. Robinson (07-0060-NC) 26 28 c) Jose A. Torres (07-0036-NC) 26 28 22 d) William W. Watson, Jr. (07-0058-NC) 26 28 6 Preliminary hearing concerning the 28 29 23 exclusion of Coung Chi Dinh (a/k/a Dina Chi Coungh) (07-0232-EL) 24 7 Final hearing concerning the exclusion 29 30 of Christian P. Scillia (07-0048-EL) 25 5 1 CONTINUED AGENDA PUBLIC MEETING NO. 07-05-16 2 MAY 16, 2007, 10:35 a.m. ITEM PAGE VOTE 3 8 Petition of Marina District Development adj. 4 Company, LLC, to amend NJAC 19:50-3.3(c) and for declaratory ruling for a relaxation 5 of NJAC 19:50-3.3(c) pursuant to NJAC 19:40-1.3(d) and such other relief (PRN 0540702) 6 9 Petition of IGT to terminate the "Diamond 31 32 Cinema" slot system and to split and 7 transfer its progressive jackpot to the "Video Mega Bucks" and "Jeopardy $1.25" slot 8 system (PRN 1240702) 10 Petitions of IGT and Marina District 32 34 9 Development Company, LLC (d/b/a Borgata Hotel Casino & Spa) (PRN 1000703); Petition 10 of IGT and Adamar of New Jersey, Inc., (D/b/a tropicana casino and Resort) 11 (PRN1220701); and Petition of Bally's Park Place, Inc., (d/b/a Bally's Atlantic City) 12 (PRN 1240703) for permission to terminate their "Jackpot Hunter" slot systems and to 13 transfer its progressive jackpots to their "Fort Knox" slot systems 14 11 Petition of RIH Acquisitions, Inc., 34 36 d/b/a Hilton Hotel and Casino) for an amendment 15 to NJAC 19-47-8.2 (PRN 0790701); and proposed publication and temporary adoption 16 of amendment to NJAC 19:47-8.2 (incremental wagers) 17 12 Rulemaking petition of Francis Lentz for 36 47 proposed publication of amendments to NJAC 18 19:47-3.7 and 7.7 ("Last Call for Bets" in Mini-Baccarat) Sworn to testify 37 19 13 Proposed temporary adoption of amendments 47 49 for progressive wager in Texas Hold'em Bonus 20 Poker; Authorization of a rulemaking experiment for progressive wager in Texas Hold'em Bonus 21 Poker pursuant to NJSA 5:12-69e 14 Proposed publication of amendments for 49 51 22 Total Card Wagers in Baccarat Punto Banco and Mini-Baccarat 23 15 Petition of Trump Properties for relief 51 52 from Commission Order No. 07-04-04-08 (PRN 1290710) 24 25 6 1 E X H I B I T S : 2 ITEM NO. 2 DESCRIPTION EVD 3 4 EL-1 Remand for hearings 7 license X applications 5 EL-2 Grant 10 licenses X 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Exhibits retained by Commission.) 7 1 (Public Meeting 07-05-16 was commenced 2 at 10:35 a.m.) 3 MR. NANCE: I'd like to read an opening 4 statement: 5 This is to advise the general public 6 that in compliance with Chapter 231 of the 7 Public Laws of 1975 entitled the "Open Public 8 Meetings Act," the New Jersey Casino Control 9 Commission on October 16th, 2006, filed with 10 the Secretary of State at the State House in 11 Trenton an annual meeting schedule. On October 12 16th, copies were mailed to the Press of 13 Atlantic City, the Newark Star Ledger. 14 Members of the press will be permitted 15 to take photographs, and we would ask that this 16 be done in a manner which is not disruptive or 17 distracting to the Commission. 18 The use of cellular telephones in the 19 public meeting room while the Commission is in 20 session is prohibited. 21 Any members of the public who wish to 22 address the Commission will be given the 23 opportunity to do so before the Commission 24 adjourns for the day. 25 Please stand for the Pledge of 8 ITEM NO. 1 1 Allegiance. 2 (The flag salute was recited.) 3 VICE CHAIR FEDORKO: Before we begin, I 4 just want to mention that Chair Kassekert is up 5 in Trenton today at our budget hearing, so she 6 will not be here. 7 Daryl? 8 MR. NANCE: Good morning. 9 The matters dicussed in closed session 10 were employee and enterprise license matters. 11 The Commissioners approved the May 2nd, 12 2007, closed session minutes. 13 Litigation update regarding: Warren 14 Lackland and Lewis M. Springer, Jr., versus the 15 State of New Jersey and the Casino Control 16 Commission; 17 David Wirtz versus the Casino Control 18 Commission and the Division of Gaming 19 Enforcement; 20 And Gloria Ford versus the State of New 21 Jersey, Casino Control Commission, et al. 22 Item No. 1, ratification of the minutes 23 of May 2nd, 2007, public meeting. 24 COMMISSIONER SOMMELING: Move to 25 approve. 9 ITEM NO. 1 1 COMMISSIONER FRULIO: Second. 2 VICE CHAIR FEDORKO: The motion is made 3 and seconded. All in favor? 4 (Ayes.) 5 MR. NANCE: Vice Chair, Commissioners, 6 we have the Employee Recognition Team which 7 would like to address the Commission. 8 Miss Spengler? 9 MS. SPENGLER: Thank you. Good morning, 10 Vice Chair and Commissioners. 11 This morning I'd like to present to you 12 two of the State award recipients for 13 longevity. There is an additional award 14 recipient. He could not be here today, John M. 15 Williams from our Inspection Unit. 16 Today I'd like to present Sharon Hand 17 from our License Division and Bill Perry from 18 the Division of Compliance Inspection Unit. 19 I'm going to ask -- read a little bit 20 about Sharon's history of 27 years with the 21 Commission. And then, Vice Chair, I'd like you 22 to come and present a certificate and a medal 23 to Sharon. We'll get a photo, and then I'll 24 address Bill. 25 Sharon began her State service in June 10 1 of 1979 with the Department of Transportation. 2 She subsequently moved to the Treasury 3 Department's Division of Taxation, and then 4 transferred to the Casino Control Commission in 5 February 1980. 6 Sharon's entire 27-year career with the 7 Commission has been with the License Division's 8 Enterprise License Unit. This unit oversees 9 the registration and licensing of the more than 10 9,000 companies and individuals that want to do 11 business with New Jersey casinos, casino 12 hotels, including those that provide gaming and 13 related goods and services. 14 In her early years with the Commission, 15 Sharon worked in every section of the 16 Enterprise License Unit, developing a 17 comprehensive understanding of its operations 18 and advancing through the ranks until reaching 19 her current position as unit manager in 1991. 20 Sharon has often said that the diverse 21 nature of the unit's responsibilities has given 22 her an opportunity perhaps not commonplace in 23 State service to continue to explore 24 interesting and sometimes novel issues 25 throughout her career. 11 1 And on a side note, I'd just like to say 2 that Sharon is the person who hired me 3 initially in 1984, and it has always been a 4 pleasure to work -- it has always been a 5 pleasure to work with her. And it's my honor, 6 also, that she receives the State longevity 7 award. 8 Sharon? 9 (Applause.) 10 MS. HAND: You got me blushing. 11 MS. SPENGLER: I'll get a picture. 12 VICE CHAIR FEDORKO: So you may have 13 only made one mistake. 14 MS. SPENGLER: I knew there was 15 something. Here you go. 16 (Photo taken.) 17 MR. HENEGHAN: Turn the medal around. 18 VICE CHAIR FEDORKO: Thank you. 19 MS. SPENGLER: Thank you. Great. Thank 20 you. 21 VICE CHAIR FEDORKO: Good luck. 22 (Applause.) 23 MS. HAND: Thank you, all. 24 (Applause.) 25 MS. SPENGLER: Our next State longevity 12 1 award recipient, also with 27 years of service, 2 and all three of them were only one week apart, 3 so this was a first. 4 Bill was hired as an inspector with the 5 Commission in June of 1979. In 1980 he was 6 promoted to senior inspector, and then in 1982 7 to the position of principal inspector where he 8 remains to that -- to this day. 9 And I believe you're at Trump Marina? 10 MR. PERRY: Trump Marina. 11 MS. SPENGLER: Am I right? 12 He has been assigned to the opening of 13 Trump Plaza, Trump Taj Mahal, and over the 14 years has been assigned to almost all of the 15 casinos. For the last three years, Bill has 16 served as the Inspection Unit's training 17 coordinator. So he brings a lot of history 18 from the Inspection Unit. 19 Bill? 20 (Applause.) 21 MR. PERRY: Thank you. 22 MS. SPENGLER: Great. Thank you. 23 (Photo taken.) 24 (Applause.) 25 VICE CHAIR FEDORKO: Continue now. 13 ITEM NO. 2 1 MR. NANCE: Item No. 2, applications for 2 employee and casino service industry licenses. 3 This agenda item will be entered as Exhibit 4 List 1 and 2. 5 Exhibit List 1 consists of seven 6 applications for initial and/or renewal of 7 casino key and casino employee licenses. 8 The Division has objected to licensure. 9 COMMISSIONER FRULIO: Motion to remand 10 for hearings. 11 COMMISSIONER EPPS: Second. 12 VICE CHAIR FEDORKO: The motion is made 13 and seconded. All in favor? 14 (Ayes.) 15 VICE CHAIR FEDORKO: Motion approved. 16 MR. NANCE: For consideration is the 17 casino service industry license application of 18 Bond Mortgage New Jersey pursuant to NJSA 19 5:12-92(c). 20 The Division has objected to this 21 application. 22 COMMISSIONER FRULIO: Motion to remand 23 for hearing. 24 COMMISSIONER EPPS: Second. 25 VICE CHAIR FEDORKO: The motion has been 14 ITEM NO. 2 1 made and seconded. All in favor? 2 (Ayes.) 3 VICE CHAIR FEDORKO: Approved. 4 MR. NANCE: Exhibit List 2 consists of 5 ten applications for initial and/or renewal of 6 casino key and casino employee licenses. 7 Staff and the Division have recommended 8 that these licenses be granted. 9 COMMISSIONER FRULIO: Motion to grant 10 applications. 11 COMMISSIONER SOMMELING: Second. 12 VICE CHAIR FEDORKO: The motion is made 13 and seconded. All in favor? 14 (Ayes.) 15 MR. NANCE: For consideration is the 16 casino service industry license application of 17 Phoenix Marketing, Inc., pursuant to NJSA 18 5:12-92(c). 19 Staff and the Division have recommended 20 that this application be granted. 21 COMMISSIONER FRULIO: Motion to grant 22 application. 23 COMMISSIONER SOMMELING: Second. 24 VICE CHAIR FEDORKO: The motion has been 25 made and seconded. All in favor? 15 ITEM NO. 2-3 1 (Ayes.) 2 VICE CHAIR FEDORKO: Proposed. Passed. 3 MR. NANCE: For consideration is the 4 casino key employee license application of 5 James A. Rigot and for qualification as general 6 manager for Trump Plaza Associates, LLC. 7 The staff and the Division have 8 recommended that this application be granted. 9 COMMISSIONER FRULIO: Motion to grant 10 initial key license and for qualification. 11 COMMISSIONER SOMMELING: Second. 12 VICE CHAIR FEDORKO: I believe this is a 13 roll call vote. 14 MR. NANCE: Yes. 15 Commissioner Sommeling? 16 COMMISSIONER SOMMELING: Yes. 17 MR. NANCE: Commissioner Epps? 18 COMMISSIONER EPPS: Yes. 19 MR. NANCE: Commissioner Frulio? 20 COMMISSIONER FRULIO: Yes. 21 MR. NANCE: Vice Chair Fedorko? 22 VICE CHAIR FEDORKO: Yes. 23 MR. NANCE: The record will reflect that 24 the motion is unanimous. 25 Item No. 3, stipulation of settlement 16 ITEM NO. 3 1 and consent agreements. When I call your name, 2 please come forward, standing behind this 3 middle table, spreading across the room so that 4 you may be seen: 5 Barry Hamlett, Jr.; Raymond Volanto; 6 Mark Bongiorno; Juan Perez; Luis Moya; Michael 7 Dellaratto; Bridgette Haynes; Tracy McNeil; 8 Phuong Le; and Hogan Lolt. Logan Holt, excuse 9 me. 10 Mr. Ingis? 11 MR. INGIS: I have nothing to add. 12 VICE CHAIR FEDORKO: Would you state 13 your name for the record, please, beginning 14 with you, ma'am? 15 MS. LE: Phuong Le. 16 MR. DELLARATTO: Michael Dellaratto. 17 MR. VOLANTO: Raymond Volanto. 18 MR. HAMLETT: Barry Hamlett, Jr. 19 VICE CHAIR FEDORKO: In a moment we're 20 going to vote on the stipulations which you 21 have agreed to. You have the opportunity to 22 speak on them if you wish; however, you do not 23 have to say anything. 24 Do any -- anyone want to speak? 25 MR. DELLARATTO: Yes. 17 ITEM NO. 3 1 VICE CHAIR FEDORKO: You have to be 2 sworn in. 3 MR. DELLARATTO: Okay. Sure. 4 5 MICHAEL DELLARATTO, was duly sworn to 6 testify in this matter. 7 8 MR. NANCE: Please state your name for 9 the record. 10 MR. DELLARRATO: Michael Anthony 11 Dellarrato. 12 MR. NANCE: Thank you. 13 MR. DELLARRATO: I would just like to 14 thank you and everybody that works for the 15 Commission for this opportunity. And I'd like 16 to let you know that I've learned from the 17 mistakes I've made in the past, and that if 18 you, you know, grant my license, you'll never 19 have to see me standing here again. 20 VICE CHAIR FEDORKO: Okay. 21 MR. DELLARATTO: And that's all I wanted 22 to say. 23 VICE CHAIR FEDORKO: Thank you. 24 Mr. Armstrong? 25 MR. ARMSTRONG: I have nothing to add. 18 ITEM NO. 4 1 VICE CHAIR FEDORKO: Motion? 2 COMMISSIONER SOMMELING: Motion to 3 approve the stipulations. 4 COMMISSIONER EPPS: Second. 5 COMMISSIONER FRULIO: Second. 6 VICE CHAIR FEDORKO: The motion is made 7 and seconded. All in favor? 8 (Ayes.) 9 THE WITNESS: Thank you very much. 10 VICE CHAIR FEDORKO: Motion is passed. 11 Good luck. 12 FROM THE FLOOR: Thank you very much. 13 MR. NANCE: Item No. 4, application for 14 suspension for: Patricia A. Dennis; Nancy 15 Olevsky; and Illya Ortiz. 16 Miss Frigen? 17 MS. FRIGEN: Let me inquire for the 18 record whether Miss Dennis is present? Hi. 19 She has called and indicated she had planned to 20 be here today. 21 Miss Dennis, you can have a seat at the 22 table here today. 23 For your consideration is the Division's 24 application for suspension. I would ask the 25 Division to go first in order to present the 19 ITEM NO. 4 1 basis for which its seeking suspension. 2 VICE CHAIR FEDORKO: Mr. Armstrong? 3 MR. ARMSTRONG: Thank you, Vice Chair. 4 We filed a complaint on April 26th to 5 revoke Miss Dennis' license. On January 16th 6 of this year she was arrested by the State 7 Police Casino Enforcement Bureau and charged 8 with theft. She was allegedly videotaped 9 playing off losing bets while dealing poker at 10 Atlantic City. She was paying off losing bets 11 to her tote pockets. 12 She was subsequently convicted of April 13 4th of this year of the theft in municipal 14 court. Based on that conviction, we are 15 seeking the revocation of her license and ask 16 that you suspend her license while that matter 17 is pending. 18 Thank you. 19 VICE CHAIR FEDORKO: Miss Dennis, do you 20 have anything to say? 21 MS. DENNIS: Yes. 22 VICE CHAIR FEDORKO: You have to stand 23 and be sworn in, please. 24 25 PATRICIA A. DENNIS, was duly sworn to 20 ITEM NO. 4 1 testify in this matter. 2 3 MR. NANCE: Please state your name for 4 the record. 5 MS. DENNIS: My name is Patricia Dennis. 6 MR. NANCE: Thank you. 7 You may proceed. 8 VICE CHAIR FEDORKO: Proceed, please. 9 What is it you want to say to us? 10 MS. DENNIS: Oh, Yes. I would just like 11 to say based on what was on that videotape was 12 nothing but mistakes. And I'm here to tell you 13 nobody knows me. And I work two jobs for the 14 past seven years. Go to school. I'm a mother. 15 I'm a wife. Okay? And if I make mistakes, 16 that should have been corrected, which was not 17 corrected. The mistake that was corrected, 18 they entirely wiped that off the tape. Nobody 19 showed that. I was corrected on one mistake on 20 the play bet. Not -- not on the -- on the peer 21 plus -- on the peer bet was supposed to be 22 pushed back to the player. I did not see that 23 on the tape. All I saw was when I was making 24 all these mistakes. And I was accused of being 25 a thief. 21 ITEM NO. 4 1 I can stand before the audience and the 2 Court this morning, and I can say I'm a woman 3 of integrity. I'm a woman of standard. And 4 when this was handed down to me, I was really 5 impressed. Really impressed. Because I live 6 my life of standard. 7 Thank you. 8 VICE CHAIR FEDORKO: Any questions? 9 COMMISSIONER EPPS: I have a question. 10 VICE CHAIR FEDORKO: Commissioners Epps? 11 COMMISSIONER EPPS: Miss Dennis. 12 MS. DENNIS: Yes. 13 COMMISSIONER EPPS: Did you go to 14 municipal court? 15 MS. DENNIS: Yes, I did. 16 COMMISSIONER EPPS: And did you present 17 a defense for yourself? 18 MS. DENNIS: Well, a lawyer was there. 19 My lawyer was there. But they did not allow me 20 to really give, I mean, any speech. They just 21 asked me questions, and I answered. That was 22 it. 23 COMMISSIONER EPPS: And there was a -- 24 Mr. Armstrong, there's a conviction? 25 MS. DENNIS: Yeah. 22 ITEM NO. 4 1 MR. ARMSTRONG: Commissioner Epps, the 2 information I have is she pled guilty. 3 MS. DENNIS: Based on other people's 4 experience. 5 COMMISSIONER EPPS: Okay. So the 6 conviction is based on the guilty plea in 7 court? 8 MR. ARMSTRONG: Yes. 9 VICE CHAIR FEDORKO: Any further 10 questions? 11 COMMISSIONER SOMMELING: No further 12 questions. 13 MS. DENNIS: And another thing, that 14 was -- it was three-card poker, not regular 15 poker. And it was placed in the tote box $180 16 to be shared up among 100 -- I mean, 300 or 350 17 dealers. If I'm going steal, I'm going to 18 steal for myself, not for 300 and 300 people 19 that I don't hang out with. 20 I don't have friends. That is why I 21 occupy my time. My friends are my family. 22 That's it. I do not have a friend. Nobody 23 that I can call a friend. I come, associate 24 myself at the job, and that's it and do my work 25 and go back home. That's how I live my life 23 ITEM NO. 4 1 over the past 11 years I've been here. That's 2 the way I live my life. No friends. I don't 3 go to the bar. I don't go to the club. The 4 only place I go, to work, school, church. 5 That's my life. 6 Thank you. 7 COMMISSIONER EPPS: Mr. Armstrong, that 8 was my other question. She answered it, 9 though. 10 This is not a poker game where the 11 dealer takes her own tote cup with them when 12 they move? 13 MR. ARMSTRONG: Yeah. That's my news to 14 me. It's my understanding poker dealers don't 15 share their tips. That may have been changed. 16 My understanding was, years ago when poker 17 dealers first started, the other dealers, 18 looked to push them out because tote poker 19 dealers don't get tipped as often as blakcjack 20 because of the nature of the game. The players 21 are playing against each other, and the dealer 22 isn't as important as it is in a blackjack 23 game. That may be different in Bally's 24 Atlantic City. Now she may pool her tips. 25 But what I want to actually object here 24 ITEM NO. 4 1 is Miss Dennis is trying to an argue the facts 2 in this forum. 3 COMMISSIONER EPPS: I understand that. 4 MR. ARMSTRONG: This is improper. She 5 had the opportunity to do that in court. If 6 she's not satisfied with what happened in 7 municipal court, she should appeal that to 8 Superior Court to have that conviction 9 overturned, and she shouldn't have pled guilty. 10 Maybe she got bad legal advice. But, none the 11 less, the Commission will not as a matter of 12 case law and policy and regulation not 13 entertain a rehashing of the facts that's 14 already been determined in another forum, 15 particularly criminal court, or in this case 16 municipal court. 17 VICE CHAIR FEDORKO: Anything further? 18 COMMISSIONER FRULIO: No. 19 VICE CHAIR FEDORKO: Motion? 20 COMMISSIONER FRULIO: Motion to suspend 21 the credentials. 22 VICE CHAIR FEDORKO: Is there a second? 23 COMMISSIONER SOMMELING: I'll second 24 that motion, Chair. 25 VICE CHAIR FEDORKO: Motion is made and 25 ITEM NO. 4 1 seconded. All in favor? 2 (Ayes.) 3 VICE CHAIR FEDORKO: Opposed? 4 COMMISSIONER EPPS: No. 5 VICE CHAIR FEDORKO: Three to one. 6 Miss Dennis, your license has been 7 suspended. You'll be scheduled for a hearing. 8 Talk to Miss Frigen after this is over. She'll 9 tell you what to do. 10 MS. DENNIS: After? 11 MS. FRIGEN: I'll be done in a couple 12 minutes. 13 VICE CHAIR FEDORKO: Okay. 14 MS. FRIGEN: Because I want to receive 15 your hearing request, and I'll schedule you. 16 MS. DENNIS: Okay. Sit here or wait 17 outside? 18 MS. FRIGEN: You can sit here or wait 19 outside. Whatever you're comfortable to. 20 MS. DENNIS: Thank you. Have a good 21 day. 22 MS. FRIGEN: Because I didn't do so 23 earlier, let me ask if Nancy Olevsky or Illya 24 Ortiz is present or represented here today? 25 Okay. The remaining two individuals 26 ITEM NO. 5 1 apparently are not here. 2 VICE CHAIR FEDORKO: Mr. Armstrong? 3 MR. ARMSTRONG: Vice Chair, we'll rely 4 on our papers in those matters unless there's 5 some questions. 6 VICE CHAIR FEDORKO: Very good. 7 Motion? 8 COMMISSIONER SOMMELING: Move to suspend 9 the credentials for Nancy Olevsky and Illya 10 Ortiz. 11 COMMISSIONER EPPS: Second. 12 COMMISSIONER FRULIO: Second. 13 VICE CHAIR FEDORKO: The motion is made 14 and seconded. All in favor? 15 (Ayes.) 16 VICE CHAIR FEDORKO: Motion carried. 17 MR. NANCE: Item No. 5 reconsideration 18 of the Commission Orders due to noncompliance 19 of condition therein of: Linda Bell; Joi 20 Robinson; Jose Torres; and William Watson, Jr. 21 MS. FRIGEN: Let me inquire whether any 22 of these individuals are present or 23 represented? 24 Apparently not. As suggested by the 25 caption, these individuals subsequent to being 27 ITEM NO. 5 1 licensed have failed to comply with reporting 2 conditions that were imposed. Consequently 3 they were each extended the opportunity to come 4 in for a conference to address the 5 noncompliance issues, and they failed to 6 appear. 7 These matters now are before the 8 consideration for reconsideration. 9 VICE CHAIR FEDORKO: Mr. Armstrong? Do 10 you have anything else? 11 MR. ARMSTRONG: Just rehash our whole 12 argument that these defendants are puts on lots 13 of notice. We sent them a letter. We copy 14 them on the letter that we send to Commission. 15 You sent them a letter tellign them to appear 16 at conference. We sent them a letter when they 17 don't appear at the conference telling them. 18 You know, how long are you going to avail them 19 of the opportunity for due process here? 20 VICE CHAIR FEDORKO: Any questions? 21 COMMISSIONER SOMMELING: No questions, 22 Chair. 23 VICE CHAIR FEDORKO: Motion? 24 COMMISSIONER EPPS: Chair, based upon 25 their noncompliance with conditions set forth 28 ITEM NO. 6 1 in their respective Orders, I move that we 2 vacate the existing Orders and deny their 3 respective license applications and, pursuant 4 to section 86(c) of the Act, revoke the casino 5 service employee registrations held by Miss 6 Bell, Miss Robinson, and Mr. Torres. 7 COMMISSIONER SOMMELING: Second. 8 VICE CHAIR FEDORKO: The motion is made 9 and seconded. All in favor? 10 (Ayes.) 11 VICE CHAIR FEDORKO: Motion carried. 12 MR. NANCE: Item No. 6, preliminary 13 hearing concerning the exclusion of Coung Chi 14 Dinh. 15 Miss Frigen? 16 MS. FRIGEN: Let me inquire whether Mr. 17 Dinh is present here today? Or represented? 18 Apparently he is not. 19 I'll refer this matter to the Division. 20 VICE CHAIR FEDORKO: Mr. Stebbins? 21 MR. STEBBINS: Thank you, Vice Chair 22 Fedorko, members of the Commission. 23 You have our papers in front of you. 24 Mr. Dinh is the last in a parade of people -- 25 the Division has filed papers about to keep 29 ITEM NO. 7 1 them out of the casinos. We address in our 2 papers, and we'll answer any questions you may 3 have. 4 VICE CHAIR FEDORKO: Any questions? 5 COMMISSIONER SOMMELING: No questions, 6 Vice Chair. 7 COMMISSIONER EPPS: Chair, I move that 8 we grant the Division's request for a 9 preliminary Order placing Coung Chi Dinh's name 10 on the exclusion list pending the final outcome 11 of the petition for final exclusion. 12 COMMISSIONER FRULIO: Second. 13 VICE CHAIR FEDORKO: The motion is made 14 and seconded. All in favor? 15 (Ayes.) 16 VICE CHAIR FEDORKO: Motion carried. 17 MR. STEBBINS: Thank you. 18 VICE CHAIR FEDORKO: Thank you. 19 MR. NANCE: Item No. 7, final hearing 20 concerning the exclusion of Christian Scillia. 21 Miss Frigen? 22 MS. FRIGEN: Let me ask whether Mr. 23 Scillia is present or represented? 24 He apparently is not. 25 Following the Commission's issuance of 30 ITEM NO. 7 1 the preliminary exclusion order in February, 2 Mr. Scillia has submitted a form waiving his 3 right to a final hearing and consenting to the 4 final placement of his name on the exclusion 5 list. 6 VICE CHAIR FEDORKO: Mr. Biscieglia? 7 MR. BISCIEGLIA: Thank you, Vice Chair. 8 Good morning, Commissioners. 9 As Miss Frigin has stated, Mr. Scillia 10 has waived his right to a hearing. The 11 Division has nothing further to add and will 12 answer any questions the Commission may have. 13 VICE CHAIR FEDORKO: Questions? 14 COMMISSIONER SOMMELING: No questions, 15 Vice Chair. 16 COMMISSIONER EPPS: Chair, I move that 17 we issue a final Order directing that the name 18 of Mr. Scillia remain on the exclusion list 19 until further order. 20 COMMISSIONER FRULIO: Second. 21 VICE CHAIR FEDORKO: The motion has been 22 made and seconded. All in favor? 23 (Ayes.) 24 VICE CHAIR FEDORKO: Motion carries. 25 MS. FRIGEN: Thanks. 31 ITEM NO. 8-9 1 MR. NANCE: Item No. 8 has been 2 adjourned. 3 Item 9, petition of IGT to terminate the 4 "Diamond Cinema" slot system and to split and 5 transfer its progressive jackpot to the "Video 6 MegaBuck" and "Jeopardy $0.25" slot system. 7 MR. -- 8 MR. BRILIANT: Good morning, Chair and 9 Commissioners. 10 Mr. Previti is here on behalf of the 11 Petitioner. Mr. Ficchi is here on behalf of 12 the Division. 13 VICE CHAIR FEDORKO: Mr. Previty? 14 MR. PREVITY: Good morning, Vice Chair, 15 Commissioners. 16 We're here today asking for the "Diamond 17 Cinema" to be discontinued and transferred to 18 "Jeopardy" quarter and the video "MegaBucks" 19 systems. 20 We've read the resoloution, and would 21 urge your adoption of it. 22 VICE CHAIR FEDORKO: Any questions? 23 COMMISSIONER SOMMELING: No questions, 24 Vice Chair. 25 VICE CHAIR FEDORKO: Mr. Ficchi? 32 ITEM NO. 9-10 1 MR. FICCHI: Good morning, Vice Chair, 2 Commissioners. 3 The Division has submitted a letter 4 dated May 9th of this from DAG Charles Kimmel 5 where we do not object to the relief requested. 6 And we've also reviewed the draft 7 resoloution, and we have no objection to its 8 passage by this commission. 9 Thank you. 10 VICE CHAIR FEDORKO: Thank you. 11 Any questions? 12 COMMISSIONER SOMMELING: No questions, 13 Vice Chair. 14 COMMISSIONER FRULIO: Move to adopt the 15 draft resolution and approve IGT's request to 16 split and transfer a progressive slot jackpot 17 subject to the conditions in the resolution. 18 COMMISSIONER EPPS: Second. 19 COMMISSIONER SOMMELING: Second. 20 VICE CHAIR FEDORKO: The motion has been 21 made and seconded. All in favor? 22 (Ayes.) 23 VICE CHAIR FEDORKO: Ayes have it. 24 MR. NANCE: Item No. 10, petitions of 25 IGT and Marina District Development Company, 33 ITEM NO. 10 1 LLC; petition of IGT and Adamar of New Jersey, 2 Inc.; petition of Bally's Park Place, Inc., for 3 permission to terminate their "Jackpot Hunter" 4 slot systems and to transfer its progressive 5 jackpots to ttheir "Fort Knox" slot system. 6 Mr. Briliant? 7 MR. BRILIANT: Once again, Mr. Previti 8 is here on behalf of Petitioner IGT. Mr. 9 Ficchi on behalf of the Division. 10 And we have prepared and circulated 11 proposed resolutions for each of these slot 12 systems. 13 VICE CHAIR FEDORKO: Mr. Previty? 14 MR. PREVITY: Good morning, again. 15 Again, we're asking for the "Jackpot 16 Hunter" system and transfer to the "Fort Knox," 17 the most similar system. These are individual 18 at each of the casinos, and they've joined in 19 this request as well. 20 We've read the resolution, and we urge 21 you, again, to adopt it. 22 VICE CHAIR FEDORKO: Thank you. 23 Mr. Ficchi? 24 MR. FICCHI: Again, the Division has 25 submitted its letter from Deputy Attorney 34 ITEM NO. 11 1 General Charles Kimmel dated May 3rd on this 2 matter, and there's no objection. 3 And we've also reviewed to the draft 4 resoloution, and I have no objection on its 5 passing. 6 Thank you. 7 VICE CHAIR FEDORKO: Thank you. 8 Any questions? 9 COMMISSIONER SOMMELING: No questions, 10 Vice Chair. 11 COMMISSIONER EPPS: Chair, I move that 12 we adopt the draft resolution and approve 13 petitioner's request to transfer progressive 14 slot jackpots subject to the conditions in the 15 resolution. 16 COMMISSIONER SOMMELING: Second. 17 VICE CHAIR FEDORKO: The motion has been 18 made and seconded. All in favor? 19 (Ayes.) 20 VICE CHAIR FEDORKO: Motion carries. 21 MR. NANCE: Item No. 11. 22 MR. PREVITY: Thank you. 23 MR. NANCE: Petition of RIH 24 Acquisitions, Inc., for an amendment to NJAC 25 19:47-8.2; and proposed publication and 35 ITEM NO. 11 1 temporary adoption of amendment to NJAC 2 19:47-8.2. 3 Mr. Briliant? 4 MR. BRILIANT: Chair and Commissioners, 5 this proposal was originally suggested by the 6 Hilton Hotel Casino, and it would permit a 7 casino licensee to establish additional 8 wagering requirements that are consistent with 9 the rules of a particular game, which would 10 include, for example, a requirement that table 11 game wagers between the posted minimum and 12 maximum wagers be made in specified increments. 13 It's presently common practice among casino 14 licensees to require this in order to expedite 15 and streamline the payment of winning wagers. 16 The proposal also includes a provision 17 that signage indicating the specified increment 18 or other additional requirements would have to 19 be posted at the time that the change is 20 implemented. 21 The matter is now before you for 22 temporary adoption and also publication in the 23 New Jersey Registar. 24 VICE CHAIR FEDORKO: Thank you, Mr. 25 Briliant. 36 ITEM NO. 12 1 Mr. Ficchi? 2 MR. FICCHI: Yes. Thank you, Vice 3 Chair, Commissioners. 4 The Division has reviewed the draft 5 proposal, and we would have no objection to its 6 publication. And we would comment formally 7 during the appropriate time. 8 VICE CHAIR FEDORKO: Thank you. 9 Any questions? 10 COMMISSIONER SOMMELING: No questions, 11 Vice Chair. 12 Move to approve for publication and 13 final adoption. 14 COMMISSIONER EPPS: Second. 15 VICE CHAIR FEDORKO: The motion is made 16 and seconded. All in favor? 17 (Ayes.) 18 VICE CHAIR FEDORKO: The ayes have it. 19 MR. NANCE: Item No. 12, rulemaking 20 petition of Francis Lentz for proposed 21 publication of amendments to NJAC 19:47-3.7 and 22 7.7. 23 Mr. Briliant? 24 MR. BRILIANT: Mr. Lentz is here on 25 behalf of his petition. And Mr. Ficchi is here 37 ITEM NO. 12 1 on behalf of the Division. 2 VICE CHAIR FEDORKO: Good morning, sir. 3 MR. LENTZ: Yes. First off, I'd like to 4 thank -- 5 VICE CHAIR FEDORKO: Are you an 6 attorney? 7 MR. LENTZ: Pardon me? 8 VICE CHAIR FEDORKO: Are you an 9 attorney? 10 MR. LENTZ: No. 11 VICE CHAIR FEDORKO: Would you stand and 12 be sworn in, please. 13 14 FRANCIS LENTZ, was duly sworn to testify 15 in this matter. 16 17 MR. NANCE: Please state your name for 18 the record. 19 MR. LENTZ: Francis Lentz. 20 MR. NANCE: Thank you. 21 MR. LENTZ: Excuse me. 22 VICE CHAIR FEDORKO: Please continue. 23 MR. LENTZ: Yes. I'd like to thank the 24 Commission for taking the time to hear me this 25 morning, and I'd also like to thank Mr. Ficchi 38 ITEM NO. 12 1 and Mr. Briliant for the time they've spent in 2 correspondence with me. 3 My request continues to be the request 4 for a call in mini-bac for the dealers to call 5 "last call for bets." 6 In Mr. Briliant's letter of December 7 15th, he states that -- makes a statement 8 assuming the allegations to be true, the 9 allegations that I make of a great number -- I 10 shouldn't say a great number. I would say 11 about 20 percent of the dealers not making any 12 call whatsoever at mini-bac. I sent him a 13 statement of -- a notarized list of violations, 14 which I guess there are 12. There's many more, 15 but I didn't want this to be tedious. Sworn 16 statement of times and dates where there was no 17 call whatsoever from the dealer. 18 Actually, this is more than a patron 19 accommodation, which Mr. Briliant mentions in 20 his letter to -- in my estimation, in having 21 dealers call "last call for bets," I believe. 22 And I'm convinced it's an active disadvantage 23 to the player for the dealer not to call. 24 Of course, there is on the record -- 25 excuse me a second. The New Jersey AC 39 ITEM NO. 12 1 19:47-37(b), 19:47-7.7 requiring at least a 2 call of no more bets. Even at minimum in many 3 cases is not done. 4 So I would ask that -- that the 5 Commission consider establishing formally the 6 call of having dealers call "last call for 7 bets" or "final call for bets," however it is 8 to be termed. 9 And, lastly, I'd like to say I 10 appreciate very much what the casino does in 11 very important issues involving people's jobs, 12 great deals of money, the involvement that 13 there must be in administration. And I would 14 think that this would come -- my request would 15 come down at the bottom of the list. So it 16 would be a fairly easy thing to do without a 17 great deal of complication. I really don't 18 understand the hesitation in granting my 19 request. 20 That's all for now. Thank you. 21 VICE CHAIR FEDORKO: Any questions of 22 Mr. Lentz? 23 COMMISSIONER SOMMELING: No questions, 24 Vice Chair. 25 COMMISSIONER FRULIO: No. 40 ITEM NO. 12 1 VICE CHAIR FEDORKO: Commissioner Epps? 2 COMMISSIONER EPPS: Mr. Lentz? 3 MR. LENTZ: Yes. 4 COMMISSIONER EPPS: In reading Mr. 5 Briliant's letter in response to you, I take it 6 that you disagree with his conclusions that the 7 best -- I mean, the calls that are required are 8 there, and any additional calls are at the 9 option or discretion of the casino to make it a 10 requirement? 11 MR. LENTZ: Well, yes. 12 COMMISSIONER EPPS: Those -- 13 MR. LENTZ: I presented -- I mean, on 14 many occasions, there is no call whatsoever. 15 Which I certified. Notarized. 16 COMMISSIONER EPPS: Well, the fact that 17 there is no call is different, it seems to me, 18 than your request to make an additional call 19 because, even if we require that additional 20 call be made, if that call's not made, that 21 doesn't facilitate your process at all. It 22 just further complicates the matter, seems to 23 me. There are calls that are to be made. The 24 issue is they are to be made. If they're not 25 being made, then -- then I guess there are 41 ITEM NO. 12 1 steps that individuals could take to bring that 2 to the attention of maybe our inspectors or 3 something to address the issue on the floor 4 that are calls are not made. 5 But I don't understand how adding an 6 additional call is going to facilitate any 7 better process other than the calls that are 8 already required to be made. I understand your 9 concern that there are places where the calls 10 aren't made. And, certainly, if the calls are 11 required, they should be made. But to add an 12 additional call, I don't see facilitating the 13 process that you wish to address for the 14 betters' advantage. 15 MR. LENTZ: Well, I'm in the asking for 16 an additional call necessarily. I'm asking 17 that "no more bets" be changed to "final call 18 for bets" with -- if the dealer says in 19 mini-bac, since the patrons are looking off at 20 the mini-bac paper, if the dealer says "no more 21 bets," that's not -- that's no help at all. If 22 the dealer said "final call for bets," then a 23 patron could ask for a second or two of time, 24 certainly not in an inordinate amount of time, 25 to make his bet. But if the dealer calls "no 42 ITEM NO. 12 1 more bets" -- in other words, what I'm saying 2 is in the first place, many dealers don't even 3 do the minimum of calling "no more bets." But 4 if the rule were changed to require them to do 5 one thing, which was to, before they deal the 6 card, say "final call for bets," it would 7 eliminate the whole problem. 8 COMMISSIONER EPPS: Well, respectfully, 9 it seems to me that this is a semantics issue, 10 and I don't know that we need to dig that far 11 down. 12 MR. LENTZ: I don't agree. 13 COMMISSIONER EPPS: If the call was 14 there -- 15 MR. LENTZ: I don't mean to be 16 disrespectful, but the difference between 17 calling "no more bets" and "final call for 18 bets," which implies a question to the -- to 19 the patrons, are there any more bets? is not 20 semantic. To me, it's an entirely different -- 21 entirely different meaning. 22 COMMISSIONER EPPS: Well, respectfully, 23 we can disagree, but it seems to me that "final 24 call for bets" and "no more bets," to me mean 25 the same thing and that the play is about to 43 ITEM NO. 12 1 begin. And, respectfully, that's the way I 2 come down on the issue. But I'm just one 3 Commissioner, so. 4 MR. LENTZ: Well, I -- I appreciate your 5 point of view. But, to me, it's day and night. 6 The difference between "no more bets" and 7 "final call for bets," which has the 8 implication of a question as to, is there 9 anybody else that still wants to make a bet 10 before I draw the cards? And I, you know, if-- 11 I have to say, if you can't -- if you do not 12 see that distinction, I don't know what else I 13 can say. 14 VICE CHAIR FEDORKO: Commissioner 15 Frulio? 16 COMMISSIONER FRULIO: Mr. Lentz, first 17 of all, I do respect your taking the time and 18 effort on this issue as a citizen and a player. 19 But I still stand unconvinced because I've 20 checked it out, and there's been no formal 21 complaints on this issue in almost 29 years. 22 And I don't see the need for it. 23 So that respectfully is what my attitude 24 toward this issue is, so. 25 MR. LENTZ: Well, if that's the case, 44 ITEM NO. 12 1 and you don't want to make this change, may I 2 request that the Commission enforce "no more 3 bets," the call? 4 COMMISSIONER FRULIO: Force it? 5 MR. LENTZ: Enforce it. 6 COMMISSIONER FRULIO: Oh, "enforce" it. 7 Then we would have to have a regulation change, 8 and that's why we're here. 9 MR. LENTZ: Well, it's not being 10 enforced in many occasions, which I've sworn 11 to. 12 COMMISSIONER FRULIO: Nobody is having a 13 problem with it other than than you, in 29 14 years. 15 MR. LENTZ: That doesn't make any 16 difference to me. I'm a citizen, and I have a 17 problem with it. 18 COMMISSIONER FRULIO: Yeah. Well, I 19 don't know. 20 VICE CHAIR FEDORKO: Mr. Ficchi, do you 21 have anything? 22 MR. FICCHI: I don't really have too 23 much to add other than the fact that 24 Commissioner Epps brought out the duality of 25 this issue. There are really two issues here 45 ITEM NO. 12 1 with regard to additional calls. It's 2 something up to the -- you know, the discretion 3 on the Commission on. 4 As to the violation of 47-7 with regard 5 to what should be called in a mini-bac game, I 6 mean, that's just a regulatory violation. If 7 the Division has knowledge of this -- and we 8 recently received the affidavit of Mr. Lentz on 9 what he observed. When our investigator 10 observed, he did see inconsistencies. Mostly 11 the inconsistencies had to do with regard to 12 calling the game was that sometimes they would 13 call "last call" or whatever as a patron 14 accommodation. Sometimes they would. 15 Sometimes they wouldn't. So there was that 16 discrepancy. And that's why the Division had 17 recommended that it go before -- you know the 18 Commissioner to a consider a reg change if they 19 thought that was necessary. 20 But with regard to not calling "no more 21 bets," that's just a regulatory requirement. 22 That's mandatory and that they have to adhere 23 to. And if the Division has knowledge that 24 they're not doing that, that would be either a 25 warning letter or more if the problem isn't 46 ITEM NO. 12 1 rectified. But I guess given all the hands 2 that are called in this game in the course of a 3 day, you know, throughout all the casinos, I 4 guess, it's certainly conceivable that Mr. 5 Lentz is correct that, you know, that there are 6 times when it's not being called at all. I 7 don't know how prevalent that really is, and I 8 think it speaks to Commissioner Frulio's remark 9 that he hadn't seen any, you know, complaints 10 on this, you know, on this issue, which 11 indicates it may be happened so infrequently 12 that patrons sort of, you know, let it go, and 13 that's not really a concern. 14 As I understand, patrons a lot of times 15 don't bet right after the last hand, and that 16 really, no matter who calls what, they've sort 17 of -- they've got their bets down and know what 18 they want to do. But as Mr. Lentz points out, 19 there are some patrons who are certainly within 20 their right to, you know, keep a scorecard and 21 keep track of what's going on in the past hands 22 in the game, and they'd like a little more 23 accommodation. But, again, that's more of a 24 patron accommodation issue than certainly not a 25 regulatory violation issue at this point. 47 ITEM NO. 13 1 That's all I have on this. 2 VICE CHAIR FEDORKO: Thank you, Mr. 3 Ficchi. 4 Anything further? Motion? 5 COMMISSIONER FRULIO: Mr. Vice Chair, I 6 move to deny the petition and decline to 7 publish an amendment to NJAC 19:47-7.3 and 7.7 8 that would require the dealer in baccarat and 9 minibaccarat to say "last call for bets." 10 COMMISSIONER EPPS: Second. 11 COMMISSIONER SOMMELING: Second. 12 VICE CHAIR FEDORKO: The motion is made 13 and seconded. All in favor? 14 (Ayes.) 15 VICE CHAIR FEDORKO: Motion carried. 16 Thank you, Mr. Lentz. 17 MR. BRILIANT: Thank you. 18 MR. NANCE: Item No 13, proposed 19 temporary adoption of amendment for progressive 20 wager in Texas Hold'em Bonus Poker; and 21 authorization of a rulemaking experiment for 22 progressive wager in Texas Hold'em Bonus Poker 23 pursuant to NJSA 5:12-69e. 24 Mr. Mamolen? 25 MR. MAMOLEN: Good morning, Vice Chair, 48 ITEM NO. 13 1 and Commissioners. 2 Before you is a new progressive wager 3 proposal for temporary adoption and test 4 authorization, that being for the authorized 5 game of "Texas Hold'em and Bonus Poker." 6 As proposed, it would be the first 7 progressive wager in one table game that is to 8 be linked to that of another table game. The 9 other table game that is proposed it be linked 10 is for Caribbean stud poker. And inasmuch as 11 there's a payout identity of odds as proposed. 12 Again, it's a $1 wager, and it's a 13 progressive wager for "Texas Hold'em" Bonus 14 Poker. 15 VICE CHAIR FEDORKO: Any questions? 16 COMMISSIONER SOMMELING: No questions, 17 Vice Chair. 18 COMMISSIONER FRULIO: No. I move to, A, 19 preliminarily approve the progressive payout 20 wager for "Texas Hold'em Bonus Poker" as a new 21 wager compatible with the public interest 22 pursuant to section 5 of the Act; 23 B, authorize the publication of the 24 Notice of Temporary Adoption, which will permit 25 a test of the progressive payout wager to begin 49 ITEM NO. 14 1 on or after May 31st, 2007, subject to the 2 conditions listed below and continue for a 3 period of time not to exceed 270 days; 4 C, temporarily adopt the amendments 5 contained in the Notice of Proposal for the 6 purpose of conducting the test; 7 D, delegate to the Director of the 8 Division of Compliance the authority to 9 establish the terms and conditions of a test of 10 progressive payout wager, including any link to 11 the progressive payout wager for Caribbean stud 12 poker; 13 And, E, condition any test of the 14 progressive payout wager upon the filing with 15 and approval by the Division of Compliance of 16 all necessary test submissions for a section 17 69(e) test of the progressive payout wager from 18 "Texas Hold'em Bonus Poker." 19 COMMISSIONER SOMMELING: Second. 20 VICE CHAIR FEDORKO: The motion has been 21 made and seconded. All in favor? 22 (Ayes.) 23 VICE CHAIR FEDORKO: Motion carries. 24 MR. NANCE: Item No. 14, proposed 25 publication of amendments for total card wagers 50 ITEM NO. 14 1 in Baccarat Punto Banco and Minibaccarat. 2 Mr. Mamolen? 3 MR. MAMOLEN: This matter, as you're 4 aware, was authorized for test under temporary 5 adopted regulations several months ago. The 6 test is proceeding fairly well from the 7 reported casino sponsors. 8 It's, in essence, a side wager in the 9 two games baccarat punto banco, as we refer to 10 as baccarat and mini-bac, whereby a player can 11 place a wager on the total number of cards 12 consumed in a round of play and place down 13 three different wagers, that being on four 14 total cards, five total cards, and six total 15 cards. 16 Again, it's now ripe for publication. 17 VICE CHAIR FEDORKO: Thank you, Mr. 18 Mamolen. 19 Any questions? 20 COMMISSIONER EPPS: Move to approve for 21 publication. 22 COMMISSIONER FRULIO: Second. 23 VICE CHAIR FEDORKO: The motion is made 24 and seconded. All in favor? 25 (Ayes.) 51 ITEM NO. 15 1 VICE CHAIR FEDORKO: The motion carries. 2 MR. NANCE: Item No. 15, petition of 3 Trump properties for relief from Commission 4 Order No. 07-04-04-08. 5 Miss Nagengast? 6 MS. NAGENGAST: Good morning, Vice 7 Chair, Commissioners. 8 For your consideration this morning is a 9 petition seeking relief from the Commission's 10 Order which prohibited the casino licensees 11 from continuing any business with Ikon Office 12 Solutions, Inc., effective May 18th. 13 The Petitioners have requested until 14 July 2nd, and the Division filed a response 15 indicating they have no objection to that 16 request. 17 Both parties are not here today, but 18 they ask that they rest on the papers. 19 VICE CHAIR FEDORKO: Thank you. 20 Any questions? 21 COMMISSIONER SOMMELING: No questions, 22 Vice Chair. 23 COMMISSIONER EPPS: Mr. Chairman, I move 24 that we grant the petition of Trump Taj Mahal 25 Associates, LLC, Trump Plaza Associates, LLC, 52 ITEM NO. 15 1 and Trump Marina Associates, LLC, for relief 2 from Commissioner Order No. 07-04-04-08, 3 prohibiting business with Ikon Office 4 Solutions, Incorporated, and to permit each to 5 continue conducting business with Ikon Office 6 Solutions, Incorporated, until July 2nd, 2007. 7 COMMISSIONER SOMMELING: Second. 8 VICE CHAIR FEDORKO: The motion is made 9 and seconded. All in favor? 10 (Ayes.) 11 VICE CHAIR FEDORKO: Motion carries. 12 MR. NANCE: In accordance with 13 Resolution No. 06-12-13-20, the next closed 14 session of the Commission shall be held on 15 Wednesday, June 6th, 2007, at 9:15 a.m. in the 16 Commission offices. 17 It is now time for the public 18 participation portion of the meeting. 19 VICE CHAIR FEDORKO: Anyone from the 20 public who wish to go come forward and be 21 heard? This is your opportunity. 22 Seeing no one, I close this portion of 23 the meeting and will entertain a motion to 24 adjourn. 25 COMMISSIONER SOMMELING: Motion to 53 1 adjourn. 2 COMMISSIONER FRULIO: Second. 3 VICE CHAIR FEDORKO: The motion is made 4 and seconded. All in favor? 5 (Ayes.) 6 VICE CHAIR FEDORKO: Adjourned. 7 (Public Meeting 07-05-15 was adjourned 8 at 11:17 p.m.) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 54 1 2 C E R T I F I C A T E 3 4 5 I, DARLENE SILLITOE, a Certified 6 Shorthand Reporter and Notary Public of the 7 State of New Jersey, certify that the foregoing 8 is a true and accurate transcript of the 9 proceedings. 10 11 12 I further certify that I am neither 13 attorney, of counsel for, nor related to or 14 employed by any of the parties to the action; 15 further that I am not a relative or employee of 16 any attorney or counsel employed in this case; 17 nor am I financially interested in the action. 18 19 20 DARLENE SILLITOE CSR 21 License No XI01023 22 23 Dated: May 20, 2007 24 My Commission Expires on July 10, 2009 25 ID No 2062871