1 1 STATE OF NEW JERSEY 2 CASINO CONTROL COMMISSION 3 - - - - - - - - - - - - - - - - - - - 4 5 PUBLIC MEETING NO. 07-06-06 6 7 - - - - - - - - - - - - - - - - - - - 8 9 Wednesday, June 6, 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 11:07 a.m. 15 16 17 Certified Shorthand Reporter: Darlene Sillitoe 18 - - - - - - - - - - - - - - - - - - - - - - - - - - - 19 20 CIPOLLONI & ASSOCIATES, INC. 21 CERTIFIED SHORTHAND REPORTERS 22 1125 ATLANTIC AVENUE, SUITE 416 23 ATLANTIC CITY, NEW JERSEY 08401 24 (609) 348-9190 25 www.cipolloni-associates.com 2 1 B E F O R E : 2 CASINO CONTROL COMMISSION: LINDA M. KASSEKERT, CHAIR 3 MICHAEL A. FEDORKO, VICE CHAIR MICHAEL C. EPPS, COMMISSIONER 4 RALPH G. FRULIO, COMMISSIONER WILLIAM T. SOMMELING, COMMISSIONER 5 PRESENT FOR THE CASINO CONTROL COMMISSION: 6 DARYL W. NANCE, ADMINISTRATIVE ANALYST DANIEL J. HENEGHAN, PUBLIC INFORMATION OFFICER 7 OFFICE OF THE GENERAL COUNSEL: 8 DIANNA W. FAUNTLEROY, GENERAL COUNSEL/EXECUTIVE SECRETARY 9 LEONARD J. DIGIACOMO, ASSISTANT GENERAL COUNSEL STEVEN M. INGIS, ASSISTANT GENERAL COUNSEL 10 TERESA M. NAGENGAST, SENIOR COUNSEL SETH H. BRILIANT, SENIOR COUNSEL 11 LON E. MAMOLEN, SENIOR COUNSEL BERNADETTE T. FRIGEN, PROGRAM SUPERVISOR 12 CLAIRE FRANK, PROGRAM SUPERVISOR/SENIOR EEO COORDINATOR 13 14 DIVISION OF GAMING ENFORCEMENT: DEPUTY ATTORNEYS GENERAL 15 BRIAN BISCIEGLIA, DEPUTY ATTORNEY GENERAL TIMOTHY C. FICCHI, DEPUTY ATTORNEY GENERAL 16 FREDERICK J. McDONOUGH, DEPUTY ATTORNEY GENERAL NORMA STANCIL, DEPUTY ATTORNEY GENERAL 17 DOROTHY TURI, DEPUTY ATTORNEY GENERAL 18 19 20 21 22 23 24 25 3 1 A P P E A R A N C E S : 2 ITEM NO. 10 LEONARD J. DiGIACOMO, ASSISTANT GENERAL COUNSEL 3 DOTHORY TURI, DEPUTY ATTORNEY GENERAL LYNNE KAUFMAN, ESQ. 4 FOR: ADAMAR OF NEW JERSEY, INC., AND TROPICANA CASINOS AND RESORTS 5 ITEM NO. 8, 9, 15, 16, & 18B 6 LEONARD J. DiGIACOMO, ASSISTANT GENERAL COUNSEL 7 DOROTHY TURI, DEPUTY ATTORNEY GENERAL GUY MICHAELS, ESQ. 8 FOR: ADAMAR OF NEW JERSEY, INC., AND TROPICANA CASINOS AND RESORTS 9 ITEM NO. 12 SETH H. BRILAINT, SENIOR COUNSEL 10 TIMOTHY FICCHI, DEPUTY ATTORNEY GENERAL PATRICIA M. WILD, ESQ. 11 FOR: RESORTS INTERNATIONAL HOTEL, INC. 12 ITEM NO. 14 LON E. MAMOLEN, SENIOR COUNSEL MARIE JONES, ESQ. 13 FOR: SHUFFLE MASTER 14 15 16 17 18 19 20 21 22 23 24 25 4 1 AGENDA PUBLIC MEETING NO. 07-06-06 2 JUNE 6, 2007, 10:35 a.m. ITEM PAGE VOTE 3 1 Ratification of the minutes of 10 10 May 16, 2007 4 2 13 License applications 10 11 14 License applications 10 11 5 Applications for employee and casino service industry licenses: 6 Remand for hearings the CSI license applications of: 7 Jocanz, Inc. 11 11 Architectural Signing Arizona, Inc., 11 11 8 Atlantic City Quality Foods, Inc. 11 11 Ravneet S. Bhandari, Senior Vice 13 14 9 President of Revenue for Trump Marina Associates, LLc, Trump Plaza Associates, 10 LLC, and Trump Taj Mahal Associates, LLC Eleni Lemoniotis, Director of Internal 13 14 11 Audit for Trump Taj Mahal Associates, LLC Robert M. Pickus, Executive Vice 13 14 12 President, General Counsel and Secretary for Trump Marina Associates, LLC, Trump 13 Plaza Associates, LLC, and Trump Taj Mahal Associates, LLC 14 Cheryl E. Wilson, Vice President of 13 14 Marketing for Trump Marina Associates, LLC 15 Find Patti Sarles Hart plenarily 12 12 qualified in connection with the gaming 16 related CSI license of IGT pursuant to NJAC 19:51-1.14B(h) 17 3 Stipulations of settlement and consent agreements: 18 a) Joey Anderson (07-0140-EA) 14 16 b) Lawrence Blackledge (07-0122-EA) 14 16 19 c) Robin R. Grimes (a/k/a Robin R. 14 16 Taylor, Robin R. Taylor-Grimes, 20 Robein Renai) (07-0078-EA) d) Yvette M. Hunter (06-0637-EA) 14 16 21 e) Nelson Santos (06-0464-ER) 14 16 f) Richard W. Wenger (06-0613-ER) 14 16 22 g) Karen Cruz (a/k/a/ Ibis 16,25 17 Hernandez) (006-0436-RC) 23 h) Jeury J. Sierra (07-0091-RC) 14 16 i) Cory A. Bain (07-0134-EA) 14 16 24 j) Rhonda Y. Dubose (07-0234-EA) 14 16 k) Daniel Colella (05-0038-ER) 14 16 25 l) Peter A. Pallitto (06-0611-ER) 14 16 m) Carlton L. Torian (05-0764-EA) 14 16 5 1 CONTINUED AGENDA PUBLIC MEETING NO. 07-06-06 2 JUNE 6, 2007, 10:35 a.m. ITEM PAGE VOTE 3 4 Stipulation of settlement in renewal 17 19 Application of Jacqueline Sindelman, 4 Inc., (t/a/ Jackie Delman and qualfication of Jacqueline Sindelman ) (06-0602-SR) 5 5 Initial Decision in application of 19 20 Quan M. Nguyen (06-0361-EA) 6 6 Petition of Harvey J. Helmandollar, III, 20 23 for early reapplication (07-0129-RA) 7 7 Preliminary hearing concerning the 23 25 exclusion of Boa A. Bui 8 8 Amended petition of Adamar of New Jersey, 32 37 Inc., for permission for Dennis H. Morgan 9 to perform the duties of an office of Columbia Sussex Corporation before his 10 plenary qualification and other relief (PRN 1300701) 11 9 Petition of Adamar of New Jersey, Inc., 32 38 for permission fro Todd Gurney to perform 12 the duties of an officer of Tropicana Casinos and Resorts, Inc., before his plenary 13 qualification and other relief ( PRN 1200704) 10 Amended joint petition of Adamar of New 25 30 14 Jersey, Inc., and Tropicana Casinos and Resorts, Inc., for a determination that two 15 officers of Columbia Sussex Corporation need not qualify and for other relief (PRN 1200704) 16 11 Notice of readoption of NJAC 19:43 (Casino 42 43 Licensees) 17 12 Petition of Resorts International Hotel, 43 46 Inc., for approval of amendments to its 18 certification of operation and casino hotel alcoholic beverage license to permit a 19 reconfiguration and expansion of the gaming floor (PRN 1490702) 20 13 Proposed publication of amendments for 46 47 Bust it! Wager in blackjack 21 14 Proposed temporary adoption of amendments 47 50 for bad beat bonus wager in three card 22 poker and four card poker; notice of rulemaking experiment concerning bad beat bonus wager 23 in three card poker and four card poker pursuant to NJSA 5:12-69e 24 25 6 1 CONTINUED AGENDA PUBLIC MEETING NO. 07-06-06 2 JUNE 6, 2007, 10:35 a.m. ITEM PAGE VOTE 3 15 Petition of Adamar of New Jersey, Inc., 32 40 for permission for Brian Doyle to perform 4 the duties of an officer of Tropicana Casinos and Resorts, Inc., before his 5 plenary qualification and other relief (PRN 1410709) 6 16 Petition of Adamar of New Jersey, Inc., 32 42 for permission for Kevin Preston to perform 7 the duties of an officer of Tropicana Casinos and Resorts, Inc., before his 8 plenary qualification and other relief (PRN 1510715) 9 17 Petition of Tropicana Casinos and Resorts, 30 adj. Inc., and Adamar of New Jersey, Inc., for 10 declaratory relief with respect to NJAC 19:45-1.11c(2) and other related Audit 11 Committee issues (PRN 1520709) 18 Petition of Adamar of New Jersey, Inc., adj. 12 for permission for two individuals (Jeffrey A. Silver and Karin J. Brugler) to perform 13 the qualifying duties for Tropicana Casinos and Resorts, Inc., before their plenary 14 qualification and other relief (PRN 9790702, 1280708) 15 16 17 18 19 20 21 22 23 24 25 7 1 E X H I B I T S : 2 ITEM NO. 2 DESCRIPTION EVD 3 4 EL-1 Remand for hearings 13 license X applications 5 EL-2 Grant 14 licenses X 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (Exhibits retained by Commission.) 25 8 1 (Public Meeting 07-06-06 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 9 1 Allegiance. 2 (The flag salute was recited.) 3 CHAIR KASSEKERT: I'd ask that you 4 remain standing for a moment of silence in 5 memory of one of our employees who passed away 6 last week, Iris Butts, who worked at the 7 Commission since 1980 and has worked as a 8 customer service rep down in our cage since 9 1992. And Iris is one of those unique 10 employees who we got comments about and 11 compliments about because of her customer 12 service attitude, so I'd ask you to all join me 13 in a moment of silence in memory of Iris. 14 (A moment of silence was observed.) 15 CHAIR KASSEKERT: Thank you. 16 Morning. 17 MR. NANCE: Good morning. 18 The matters discussed in closed session 19 were: Employee and enterprise license matters. 20 The Commission approved the May 16th, 21 2007, closed session minutes. 22 Litigation update regarding Warren 23 Lackland and Lewis M. Springer versus the State 24 of New Jersey and the Casino Control 25 Commission; and Gloria Ford versus the State of 10 ITEM NO. 1-2 1 New Jersey, Casino Control Commission, et al. 2 Item No. 1, ratification of the minutes 3 of the May 16th, 2007, public meeting. 4 COMMISSIONER SOMMELING: Move to 5 approve. 6 VICE CHAIR FEDORKO: Second. 7 CHAIR KASSEKERT: The motion has been 8 made and seconded. All those in favor? 9 (Ayes.) 10 CHAIR KASSEKERT: Opposed? 11 I will abstain since I was not here at 12 the last meeting. 13 MR. NANCE: Okay. Item No. 2, 14 application for employee and casino service 15 industry licenses. This agenda item will be 16 entered as Exhibit List 1 and 2. 17 Exhibit List 1 consists of 12 18 applications for initial and/or renewal of 19 casino key and casino employee license. 20 The Division has objected to licensure. 21 COMMISSIONER FRULIO: Motion to remand 22 for hearings. 23 VICE CHAIR FEDORKO: Second. 24 CHAIR KASSEKERT: The motion has been 25 made and seconded. All in favor? 11 ITEM NO. 2 1 (Ayes.) 2 CHAIR KASSEKERT: Opposed? 3 (No response.) 4 CHAIR KASSEKERT: Motion carries. 5 MR. NANCE: For your consideration is 6 the casino service industry license 7 applications of Jocanz, Inc.; Architectural 8 Signing Arizona, Inc.; and Atlantic City 9 Quality Foods, Inc. 10 The Division has objected to these 11 applications. 12 COMMISSIONER FRULIO: Motion to remand 13 for hearings. 14 VICE CHAIR FEDORKO: Second. 15 COMMISSIONER SOMMELING: Second. 16 CHAIR KASSEKERT: The motion has been 17 made and seconded. All in favor? 18 (Ayes.) 19 CHAIR KASSEKERT: Opposed? 20 (No response.) 21 CHAIR KASSEKERT: Motion carries. 22 MR. NANCE: Exhibit List 2 consists of 23 14 applications for initial and/or renewal of 24 casino key and casino employee licenses. 25 Staff and the Division have recommended 12 ITEM NO. 2 1 that these licenses be granted. 2 COMMISSIONER FRULIO: Motion to grant 3 applications. 4 VICE CHAIR FEDORKO: Second. 5 CHAIR KASSEKERT: The motion has been 6 made and seconded. All in favor? 7 (Ayes.) 8 CHAIR KASSEKERT: Opposed? 9 (No response.) 10 CHAIR KASSEKERT: Motion carries. 11 MR. NANCE: For consideration is the 12 qualification of Patti Sarles Hart in 13 connection with the gaming related casino 14 service industry license of IGT, pursuant to 15 NJAC 19:51-1.14B(h). 16 Staff and the Division have recommended 17 that this application be granted. 18 COMMISSIONER FRULIO: Motion to find 19 Patti Sarles Hart plenarily qualified in 20 connection with the gaming related CSI license 21 of IGT. 22 VICE CHAIR FEDORKO: Second. 23 CHAIR KASSEKERT: The motion has been 24 made and seconded. All in favor? 25 (Ayes.) 13 ITEM NO. 2 1 CHAIR KASSEKERT: Opposed? 2 (No response.) 3 CHAIR KASSEKERT: Motion carries. 4 MR. NANCE: For consideration are the 5 following applications for initial and/or 6 renewal of casino key employee license and for 7 qualification: For Ravneet Bhandari, the 8 Senior Vice President of Revenue for Trump 9 Marina Associates, LLC, Trump Plaza Associates, 10 LLC, and Trump Taj Mahal, LLC; Eleni 11 Lemoniotis, Director of Internal Audit for 12 Trump Taj Mahal Associates, LLC; Robert M. 13 Pickus, Executive Vice President, General 14 Counsel, Secretary for Trump Marina Associates, 15 LLC, Trump Plaza Associates, LLC, and Trump Taj 16 Mahal Associates, LLC; and Cheryl E. Wilson, 17 Vice President of Marketing for Trump Marina 18 Associates, LLC. 19 Staff and the Division have recommended 20 that these application be granted. 21 COMMISSIONER FRULIO: Motion to grant 22 initial and renewal of key licenses and for 23 qualification. 24 VICE CHAIR FEDORKO: Second. 25 CHAIR KASSEKERT: Motion is made and 14 ITEM NO. 3 1 seconded. This a roll call vote. 2 MR. NANCE: Commissioner Sommeling? 3 COMMISSIONER SOMMELING: Yes. 4 MR. NANCE: Commissioner Epps? 5 COMMISSIONER EPPS: Yes. 6 MR. NANCE: Commissioner Frulio? 7 COMMISSIONER FRULIO: Yes. 8 MR. NANCE: Vice Chair Fedorko? 9 VICE CHAIR FEDORKO: Yes. 10 MR. NANCE: Chair Kassekert? 11 CHAIR KASSEKERT: Yes. 12 MR. NANCE: The record will reflect that 13 the motion is unanimous. 14 Item No. 3, stipulation of settlement 15 and consent agreements. 16 When I call your name, please come 17 forward, stand behind this middle table, 18 spreading across the room so that you may be 19 seen: Joey Anderson, Lawrence Blackledge, 20 Robin Grimes, Yvette Hunter, Nelson Santos, 21 Richard Wenger, Jeury Sierra, Cory Bain, Rhonda 22 Dubose, Daniel Colella, Peter Pallitto, and 23 Carlton Torian. 24 CHAIR KASSEKERT: Thank you. 25 Has everyone whose name has been called 15 ITEM NO. 3 1 come forward -- whose name has been called, 2 come forward at this time? 3 I'm going to ask you to state your names 4 for the record, starting with you, sir. 5 MR. COLELLA: Daniel Colella. 6 MR. TORIAN: Carlton Torian. 7 MR. BAIN: Cory Bain. 8 MS. DUBOSE: Rhonda Dubose. 9 MR. BLACKLEDGE: Lawrence Blackledge. 10 MR. SANTOS: Nelson Santos. 11 CHAIR KASSEKERT: Thank you. 12 In a moment we are going to vote on the 13 stipulations which you've agreed to with the 14 Division of Gaming Enforcement. I'm going to 15 ask at this time if any of you wish to be heard 16 on your matter. You don't have to say anything 17 if you don't want to. 18 Does anyone wish to be heard? Okay. 19 Thank you. 20 Mr. Biscieglia? 21 MR. BISCIEGLIA: Thank you. And good 22 morning, Chair, Commissioners. 23 The Division has nothing further in this 24 and ask that the stipulations be approved as 25 submitted. 16 ITEM NO. 3 1 Thank you. 2 CHAIR KASSEKERT: Thank you. 3 Any questions? 4 COMMISSIONER SOMMELING: No questions, 5 Madame Chair. 6 VICE CHAIR FEDORKO: Motion to approve 7 stipulations. 8 COMMISSIONER FRULIO: Second. 9 CHAIR KASSEKERT: The motion has been 10 made and seconded. All in favor? 11 (Ayes.) 12 CHAIR KASSEKERT: Opposed? 13 (No response.) 14 CHAIR KASSEKERT: Motion carries. 15 Thank you for coming. Good luck. 16 MR. NANCE: Now I'll call the 17 stipulation of settlement in regards to Karen 18 Cruz. 19 MR. INGIS: Is Ms. Cruz present in the 20 meeting room? 21 CHAIR KASSEKERT: Mr. Biscieglia, we're 22 calling her separately. 23 MR. INGIS: The reason this is being 24 called separately, Madame Chair, is that there 25 is a recommendation of a civil penalty in $250. 17 ITEM NO. 4 1 CHAIR KASSEKERT: Thank you. 2 I don't see Miss Cruz in the room. 3 Mr. Biscieglia, anything to add to this 4 matter, on this issue? 5 MR. BISCIEGLIA: No. Thank you, Chair. 6 Only that the stipulation be approved as 7 submitted. 8 CHAIR KASSEKERT: Thank you. 9 Any questions? 10 VICE CHAIR FEDORKO: Motion to -- 11 COMMISSIONER SOMMELING: Motion to 12 approve, Madame Chair. 13 VICE CHAIR FEDORKO: Second. 14 CHAIR KASSEKERT: The motion has been 15 made and seconded. All in favor? 16 (Ayes.) 17 CHAIR KASSEKERT: Opposed? 18 (No response.) 19 CHAIR KASSEKERT: Motion carries. 20 Thank you. 21 MR. NANCE: Item No. 4, stipulation of 22 settlement and renewal application of 23 Jacqueline Sindelman, Inc., and qualification 24 of Jacqueline Sindelman. 25 Mr. Ingis? 18 ITEM NO. 4 1 MR. INGIS: Good morning, Madame Chair, 2 Commissioners. 3 I would ask if Miss Sindelman or a 4 representative is present in the meeting room? 5 Apparently not. 6 This is a stipulation of settlement 7 which, if approved, will grant the application 8 for renewal of the junket enterprise license 9 and a finding of qualification. 10 Mr. McDonough is here on behalf of the 11 Division. 12 MR. McDONOUGH: Good morning. 13 We support the settlement. 14 CHAIR KASSEKERT: Thank you. 15 Any questions? 16 COMMISSIONER SOMMELING: No questions, 17 Madame Chair. 18 VICE CHAIR FEDORKO: Motion to approve 19 the stipulation of settlement and grant the 20 nongaming casino service industry license 21 renewal application of Jacqueline Sindelman, 22 Inc., and the qualification of Jacqueline 23 Sindelman subject to compliance with certain 24 financial and reporting obligations. 25 COMMISSIONER FRULIO: Second. 19 ITEM NO. 5 1 COMMISSIONER EPPS: Second. 2 CHAIR KASSEKERT: The motion has been 3 made and seconded. All in favor? 4 (Ayes.) 5 CHAIR KASSEKERT: Opposed? 6 (No response.) 7 CHAIR KASSEKERT: Motion carries. 8 MR. McDONOUGH: Thank you. 9 MR. NANCE: Item No. 5, initial decision 10 in application of Quan M. Nguyen. 11 Miss Nagengast? 12 MS. NAGENGAST: Good morning, Chair, 13 Commissioners. 14 For your consideration is the initial 15 decision in the application of Quan Nguyen 16 which, if adopted, will result in a finding of 17 disqualification and denial of Mr. Nguyen's 18 application for a casino employee casino 19 license. There were no exceptions filed. 20 Miss Stancil is here on behalf of the 21 Division. 22 CHAIR KASSEKERT: Thank you. 23 Good morning, Miss Stancil. 24 MS. STANCIL: Yes, good morning. 25 I would ask that you affirm and adopt 20 ITEM NO. 6 1 the initial decision. 2 CHAIR KASSEKERT: Thank you. 3 Any questions? 4 COMMISSIONER SOMMELING: Madame Chair, 5 move to adopt the initial decision and deny Mr. 6 Quan's casino employee license application and 7 prohibit him from employment by a casino 8 licensee in any capacity. 9 VICE CHAIR FEDORKO: Second. 10 CHAIR KASSEKERT: The motion has been 11 made and seconded. All in favor? 12 (Ayes.) 13 CHAIR KASSEKERT: Opposed? 14 (No response.) 15 CHAIR KASSEKERT: Motion carries. 16 MS. NAGENGAST: Thank you. 17 MS. STANCIL: Thank you. 18 MR. NANCE: Item No. 6, petition of 19 Harvey J. Helmandollar, III, for early 20 qualification. 21 Miss Frigen? 22 MS. FRIGEN: Good morning, Madame Chair, 23 Commissioners. 24 I don't believe he is, but for the 25 record, let me inquire whether Mr. Helmandollar 21 ITEM NO. 6 1 is present or represented today? No. 2 But I would note for the record that the 3 staff, when we initially received the petition 4 and sent him the meeting notice, advised him 5 that because he's a resident of Nevada, his 6 presence today was not absolutely mandatory. 7 However, he has submitted his petition 8 for your consideration seeking to reapply early 9 for a license registration and for a 10 noncredential hotel employment. 11 The Division has objected to the 12 petition in its entire. 13 CHAIR KASSEKERT: Thank you. 14 Mr. Biscieglia? 15 MR. BISCIEGLIA: Thank you. 16 By order dated February 16th, 2005, the 17 Commission adopted an initial decision that 18 denied the casino employee license renewal 19 application of the Petitioner and found him 20 disqualified from licensure. 21 The disqualification was based upon the 22 Respondent's January 8th, 2004, conviction for 23 aggravated assault, third degree, contrary to 24 NJSA 2C:12-1(b)(1). 25 Also, Petitioner is currently a resident 22 ITEM NO. 6 1 of Nevada and does not meet the residency 2 requirements of the Act. 3 The Division's opposition is based upon 4 its previous disqualification from licensure. 5 Mr. Helmandollar has only been disqualified 6 from licensure since February 16th of 2005, 7 well less than five years. 8 The Division -- based on his time 9 period, the Division cannot conclude that he 10 has now demonstrated sufficient facts and 11 circumstances to permit his early reapplication 12 or to permit permission to work in a 13 noncredential capacity. 14 Thank you. 15 CHAIR KASSEKERT: Thank you. 16 Do you have any questions for Mr. 17 Biscieglia? 18 I have a question and a concern. I know 19 that we advised him that his attendance here 20 was not mandatory; however, it generally helps 21 the Commissioners when they can hear from the 22 Applicant, and I know that there was compelling 23 information presented on the -- in writing to 24 us about this. So I would ask would with the 25 Commissioners' indulgence, I would like to 23 ITEM NO. 7 1 adjourn this to give him the opportunity to 2 come here. Because I think that would be a 3 good showing that, in addition to some of the 4 compelling arguments he made, that perhaps the 5 Commission should reconsider, you know, in -- 6 MS. FRIGEN: After hearing the 7 Division's objections. 8 CHAIR KASSEKERT: After hearing the 9 Division's arguments on the matter. 10 So I would move that we adjourn this to 11 give him the opportunity to come to a future 12 meeting. 13 COMMISSIONER FRULIO: Second. 14 VICE CHAIR FEDORKO: Second. 15 CHAIR KASSEKERT: The motion has been 16 made and seconded. All in favor? 17 (Ayes.) 18 CHAIR KASSEKERT: Opposed? 19 (No response.) 20 CHAIR KASSEKERT: Motion carries. 21 Thank you. 22 MR. BISCIEGLIA: Thank you. 23 MR. NANCE: Item No. 7, preliminary 24 hearing concerning the exclusion of Bao A. Bui. 25 Miss Frigen? 24 ITEM NO. 7 1 MS. FRIGEN: Hi. Let me inquire whether 2 Mr. Bui is present or represented today? 3 Apparently he is not here. 4 I would ask that the Division provide 5 its basis for seeking preliminary exclusion. 6 CHAIR KASSEKERT: Thank you. 7 Good morning, Miss Stancil. 8 MS. STANCIL: Good morning. Thank you. 9 The basis of this matter involves a 10 charge of defiant trespass, a theft committed 11 against Caesar's in the amount of $500 while he 12 was working as a dealer at that casino. And 13 the last was an incident of cheating where he 14 was a patron at a game. 15 I believe that any of these items or the 16 three of them together would warrant a grant of 17 the application for preliminary exclusion. 18 CHAIR KASSEKERT: Thank you. 19 Any questions? 20 COMMISSIONER SOMMELING: No questions, 21 Madame Chair. 22 COMMISSIONER FRULIO: Madame Chair, I 23 move to grant the Division's request for a 24 preliminary order placing Bao A. Bui's name on 25 the exclusion list pending the final outcome of 25 ITEM NO. 10 1 the petition for final exclusion. 2 VICE CHAIR FEDORKO: Second. 3 CHAIR KASSEKERT: The motion has been 4 made and seconded. All in favor? 5 (Ayes.) 6 CHAIR KASSEKERT: Opposed? 7 (No response.) 8 CHAIR KASSEKERT: Motion carries. 9 Thank you. 10 MS. STANCIL: Thank you. 11 MS. FRIGEN: Thank you. 12 MR. INGIS: Madame Chair, Commissioners, 13 I'd just like to put something on the record. 14 About 15, 20 seconds after the 15 Commission's vote on 3g, Karen Cruz, their 16 imposition of the $250 fine, she did appear in 17 the meeting room. I had an opportunity to 18 discuss the matter with her and told her what 19 the Commission's decision was, and she had no 20 questions. 21 CHAIR KASSEKERT: Thank you. I 22 appreciate that. 23 MR. NANCE: For your consideration Item 24 No. 10, amended joint petition of Adamar New 25 Jersey, Inc., and Tropicana Casinos and 26 ITEM NO. 10 1 Resorts, Inc., for the determination of two 2 officers of Columbia Sussex Corporation need 3 not qualify and for other relief. 4 Mr. DiGiacomo? 5 MR. DiGIACOMO: Chair, Commissioners, 6 good morning. 7 Miss Lynne Kaufman for the Petitioners. 8 Miss Dorothy Turi for the Division of Gaming 9 Enforcement. 10 I've shared with counsel for the parties 11 a copy of the draft resolution. 12 CHAIR KASSEKERT: Thank you. 13 MR. DiGIACOMO: And I believe they are 14 prepared to consent to its form and entry. 15 CHAIR KASSEKERT: Thank you. 16 Miss Kaufman? 17 MS. KAUFMAN: Good morning. Chair and 18 Commissioners, we consent to its form and 19 entry. 20 I just had a few matters that I wanted 21 to address. One is to make it clear that Mr. 22 Yung -- we're asking for him -- his petition 23 for his application for qualification to be 24 withdrawn due to the fact that he has a total 25 change of position in that he was Vice 27 ITEM NO. 10 1 President of Information Technology, now will 2 be a Vice President of Development for Columbia 3 Sussex strictly with nongaming development 4 hotels. 5 As for Mr. Haught, although his position 6 is the same as it was at the time of the ICA, 7 we are submitting and we have shown you that 8 his actual job duties have changed since the 9 time of the ICA. At the time of the ICA, he 10 was a long-term employee of Columbia Sussex, 11 whereas Mr. Fitzpatrick, who is -- was the 12 Columbia Sussex or Tropicana Casino Vice 13 President, was a new employee. Mr. Haught had 14 experience in dealing with the lenders and in 15 regulators. Since then Mr. Haught no longer 16 deals with the lenders with respect to Adamar 17 nor the gaming regulators. And, in fact, has 18 no responsibilities with respect to Adamar. 19 Mr. Fitzpatrick's learning curve is over. He 20 has resumed those responsibilities with respect 21 to Adamar and dealing with both lenders and in 22 dealing with gaming regulators. 23 Additionally, there's been a Vice 24 President of Casino Finance for Tropicana 25 Casinos hired who had just been hired at the 28 ITEM NO. 10 1 time of the ICA. So if Mr. Fitzpatrick is in 2 need of assistance, the Vice President of 3 Finance for Tropicana Casinos will be assisting 4 him, and Mr. Haught will have no 5 responsibility. 6 Thank you. 7 CHAIR KASSEKERT: Thank you. 8 Miss Turi? 9 I'm sorry. You have a question, 10 Commissioner? 11 COMMISSIONER EPPS: Is there no up-line 12 reporting responsibility from Mr. Haught -- I 13 mean, up to Mr. Haught at the corporate level? 14 Is that what you're representing? 15 MS. KAUFMAN: There's no -- there is no 16 reporting line from Adamar to Mr. Haught at 17 all. To answer your question. 18 COMMISSIONER EPPS: Yes. 19 MS. KAUFMAN: Okay. 20 CHAIR KASSEKERT: Miss Turi? 21 MS. TURI: Good morning, Madame Chair, 22 Commissioners. 23 Based on the representations that have 24 been made by the Petitioners in this matter, we 25 would consent to the entry of the order, the 29 ITEM NO. 10 1 draft order that I've reviewed. 2 CHAIR KASSEKERT: Thank you. 3 Any other questions? 4 COMMISSIONER SOMMELING: No questions, 5 Madame Chair. 6 VICE CHAIR FEDORKO: Motion to adopt the 7 draft resolution and determine that William J. 8 Yung, IV, and Derek Haught no longer need to 9 qualify as officers of Columbia Sussex 10 Corporation and permit them to withdraw their 11 applications for qualification subject, in each 12 instance, to the conditions stated in the 13 resolution. 14 COMMISSIONER SOMMELING: Seconded. 15 CHAIR KASSEKERT: Motion has been made 16 and seconded. This is a roll call vote. 17 MR. NANCE: Commissioner Sommeling? 18 COMMISSIONER SOMMELING: Yes. 19 MR. NANCE: Commissioner Epps? 20 COMMISSIONER EPPS: Yes. 21 MR. NANCE: Commissioner Frulio? 22 COMMISSIONER FRULIO: Yes. 23 MR. NANCE: Vice Chair Fedorko? 24 VICE CHAIR FEDORKO: Yes. 25 MR. NANCE: Chair Kassekert? 30 ITEM NO. 17 1 CHAIR KASSEKERT: Yes. 2 MR. NANCE: The record will reflect that 3 the motion is unanimous. 4 Item No. 17, petition of Tropicana 5 Casinos and Resorts, Inc., and Adamar of New 6 Jersey, Inc., for declaratory ruling with 7 respect to NJAC 19:45-1.11c(2) and other 8 related Audit Committee issues. 9 Mr. DiGiacomo? 10 MR. DiGIACOMO: Chair and Commissioners, 11 again, Miss Kaufman for Petitioners. Miss Turi 12 for the Division of Gaming Enforcement. 13 I believe that Miss Kaufman has an 14 application. 15 MS. KAUFMAN: Yes. I am requesting an 16 adjournment of this matter until the next 17 meeting, and I have spoken with Miss Turi about 18 it, but I'm sure she'll mention it. 19 CHAIR KASSEKERT: Miss Turi, do you 20 consent to this adjournment? 21 MS. TURI: I will consent to the 22 adjournment provided that we can adjourn just 23 to the next meeting because it's a matter that 24 needs to be taken care of. It's a matter that 25 should have been taken care of previously, and 31 ITEM NO. 8, 9, 15, 16 1 we would like to have this matter taken care of 2 as soon as possible. So we will consent to an 3 adjournment to the next meeting, but we prefer 4 that it not be carried beyond that. 5 CHAIR KASSEKERT: Beyond that. Thank 6 you. 7 Any objection to that? 8 VICE CHAIR FEDORKO: No. 9 COMMISSIONER EPPS: Just a question. 10 CHAIR KASSEKERT: Sure. 11 COMMISSIONER EPPS: In as much as, Miss 12 Turi, as this should have been addressed a 13 while ago, is there any risk in the additional 14 two weeks? Or does it -- at this point not 15 matter. 16 MS. TURI: At this point we feel that 17 the additional two weeks is almost de minimis 18 based on the fact that this should have been 19 done several months ago. So we're willing to 20 work with the Petitioners at this point to try 21 and address whatever issues are raised 22 regarding the Audit Committee, but we would 23 prefer that it not be carried beyond the next 24 two weeks. 25 CHAIR KASSEKERT: Thank you. All right. 32 ITEM NO. 8, 9, 15, 16 1 Seeing no objection, we'll adjourn this 2 for two weeks and two weeks only. 3 Thank you. 4 MS. TURI: Thank you. 5 CHAIR KASSEKERT: Move to Item 8. 6 MR. NANCE: Yes. 7 MS. KAUFMAN: Thank you. 8 MR. NANCE: For your consideration is 9 Item 8, 9, 15, and 16. 10 Item 8 is the amended petition of Adamar 11 of New Jersey, Inc., for permission for Dennis 12 H. Morgan to perform the duties of an officer 13 of Columbia Sussex Corporation before his 14 plenary qualification and other relief. 15 Item 9 is the petition of Adamar of New 16 Jersey, Inc., for Todd Gurney to perform the 17 duties of an officer of Tropicana Casinos and 18 Resorts, Inc., before his plenary qualification 19 and other relief. 20 Item 15 is the petition of Adamar of New 21 Jersey, Inc., for permission for Brian Doyle to 22 perform the duties of an officer of Tropicana 23 Casinos and Resorts, Inc., before his plenary 24 qualification and other relief. 25 And Item 16 is the petition of Adamar of 33 ITEM NO. 8, 9, 15, 16 1 New Jersey, Inc., for permission for Kevin 2 Preston to perform the duties of an officer of 3 Tropicana Casinos and Resorts, Inc., before his 4 preliminary qualification and other relief. 5 Mr. DiGiacomo? 6 MR. DiGIACOMO: Chair, Commissioners, 7 Mr. Guy Michaels for the petitioner in each 8 instance. Miss Dorothy Turi for the Division 9 of Gaming Enforcement. 10 I've shared with counsel for the parties 11 a copy of the draft resolutions in each 12 instance. I think they are prepared to consent 13 to their form and entry. 14 I think because of Mr. Morgan's separate 15 responsibilities at Columbia Sussex, a motion 16 as to him segregated from the other three 17 individuals will be appropriate, Madame Chair. 18 CHAIR KASSEKERT: All right. And Item 19 18? 20 COMMISSIONER EPPS: Can we call them 21 each individually? 22 CHAIR KASSEKERT: Could you call each 23 one individually? 24 MR. DiGIACOMO: Oh, that's fine. 25 CHAIR KASSEKERT: Sure. And Item 18B 34 ITEM NO. 8, 9, 15, 16 1 will be adjourned, which is Karen Brugler -- 2 MR. MICHAELS: Right. 3 MR. DiGIACOMO: Brugler. And Mr. 4 Silver. Correct. 5 CHAIR KASSEKERT: Okay. Then we'll 6 start again. Why don't we deal first with Mr. 7 Morgan? 8 Mr. Michaels? 9 MR. MICHAELS: Yes. With respect to Mr. 10 Morgan, as Mr. DiGiacomo has referenced, we 11 have filed appropriate petitions for seeking 12 temporary approval of Mr. Morgan as a 13 qualifier. 14 Mr. DiGiacomo has provided us with a 15 draft resolution, which we have reviewed, and 16 we have no objection with which Mr. Morgan 17 seeks to serve as Vice President of Technology 18 of Columbia Sussex, which is a qualifying 19 entity and, therefore, requires his 20 qualification for that purpose. 21 CHAIR KASSEKERT: Thank you. 22 Miss Turi? 23 MS. TURI: We've also reviewed the draft 24 resolution and have no objection to it subject 25 to, of course, the stipulation that the 35 ITEM NO. 8, 9, 15, 16 1 plenarily qualified prior to the hearing on the 2 renewal of Tropicana rather than a nine-month 3 period. As I think many of you are aware, the 4 renewal of Tropicana is going to be in November 5 of this year, so there would not be the full 6 nine months. 7 CHAIR KASSEKERT: Thank you. 8 Any questions? 9 COMMISSIONER FRULIO: Madame Chair -- 10 CHAIR KASSEKERT: Yes. 11 COMMISSIONER FRULIO: I move to adopt 12 the draft resolution and grant temporary 13 qualification to Dennis Morgan, Todd Gurney, 14 and Brian Doyle and Kevin Preston as officer -- 15 CHAIR KASSEKERT: No. I think we were 16 going to call Mr. Morgan separately. 17 MR. DiGIACOMO: I think, Madame Chair, 18 at the request of Commissioner Epps, if I 19 understand correctly -- 20 CHAIR KASSEKERT: Is to call each one 21 separately. 22 COMMISSIONER FRULIO: Separately. Yes. 23 MR. DiGIACOMO: And there are separate 24 resolutions in each instance, so that's no 25 problem. 36 ITEM NO. 8, 9, 15, 16 1 CHAIR KASSEKERT: Right. 2 COMMISSIONER FRULIO: So again I move to 3 adopt a draft resolution and grant the 4 temporary qualification of Dennis Morgan as an 5 officer of Columbia Sussex Corporation subject 6 to the condition in the draft resolution. 7 VICE CHAIR FEDORKO: Second. 8 CHAIR KASSEKERT: Motion is made and 9 seconded. This is a roll call vote. 10 COMMISSIONER EPPS: For the record, 11 shall the motion further be subject to the 12 representations made by the counsel for the 13 Division, if they were not in the -- are they 14 in the draft resolution? 15 MR. MICHAELS: They are in the draft 16 resolution. 17 CHAIR KASSEKERT: They are in the draft 18 resolution. 19 MR. DIGIACOMO: They are in the draft 20 resolution. 21 CHAIR KASSEKERT: The conditions with 22 respect to the licensing? 23 MR. DiGIACOMO: Yes. 24 CHAIR KASSEKERT: The motion is made and 25 seconded. This is a roll call vote. 37 ITEM NO. 8, 9, 15, 16 1 MR. NANCE: Commissioner Sommeling? 2 COMMISSIONER SOMMELING: Yes. 3 MR. NANCE: Commissioner Epps? 4 COMMISSIONER EPPS: Yes. 5 MR. NANCE: Commissioner Frulio? 6 COMMISSIONER FRULIO: Yes. 7 MR. NANCE: Vice Chair Fedorko? 8 VICE CHAIR FEDORKO: Yes. 9 MR. NANCE: Chair Kassekert? 10 CHAIR KASSEKERT: Yes. 11 MR. NANCE: The record will reflect that 12 the motion is unanimous. 13 CHAIR KASSEKERT: Our next item will be 14 Item 9, which is Mr. Gurney? Mr. Michaels? 15 MR. MICHAELS: Same representations with 16 respect to Mr. Gurney. The appropriate 17 petitions have been filed. Mr. Gurney seeks to 18 serve as Vice President of Slot Operations of 19 the Tropicana Casinos and Resorts. We've 20 reviewed the draft resolution, and it contains 21 the similar conditions, as Miss Turi has 22 outlined in the past, and we have no 23 objections. 24 CHAIR KASSEKERT: Thank you. 25 Miss Turi? 38 ITEM NO. 8, 9, 15, 16 1 MS. TURI: Thank you, yes. 2 We've reviewed the draft resolution and 3 it does contain the -- just a condition that 4 the Division wishes to put on the record so 5 there's notice, that there's the cooperation 6 necessity to complete all of the information so 7 that the individual can be plenarily qualified 8 at the time of the licensc hearing, which is 9 fast approaching. 10 CHAIR KASSEKERT: Thank you. 11 Any questions? 12 COMMISSIONER SOMMELING: Madame Chair, 13 move to adopt the draft resolution and grant 14 testimony qualification to Todd Gurney, as the 15 proposed officer of Tropicana Casinos and 16 Resorts, Inc., subject to the conditions in the 17 respective resolution. 18 VICE CHAIR FEDORKO: Second. 19 CHAIR KASSEKERT: Motion is made and 20 seconded. This is a roll call vote. 21 MR. NANCE: Commissioner Sommeling? 22 COMMISSIONER SOMMELING: Yes. 23 MR. NANCE: Commissioner Epps? 24 COMMISSIONER EPPS: Yes. 25 MR. NANCE: Commissioner Frulio? 39 ITEM NO. 8, 9, 15, 16 1 COMMISSIONER FRULIO: Yes. 2 MR. NANCE: Vice Chair Fedorko? 3 VICE CHAIR FEDORKO: Yes. 4 MR. NANCE: Chair Kassekert? 5 CHAIR KASSEKERT: Yes. 6 MR. NANCE: The record will reflect that 7 the motion is unanimous. 8 CHAIR KASSEKERT: Now move to Item 15, 9 which is Mr. Brian Doyle. 10 MR. MICHAELS: Hello again. 11 With Mr. Doyle has the same filings and 12 similar resolution, and it has been reviewed 13 and approved with similar continues. 14 CHAIR KASSEKERT: Thank you. 15 Miss Turi? 16 MS. TURI: Yes. We've reviewed the 17 draft resolution as well and the conditions as 18 stated there, and we do not object to it being 19 entered. 20 CHAIR KASSEKERT: Thank you. 21 Any questions? 22 COMMISSIONER SOMMELING: No questions, 23 Madame Chair. 24 VICE CHAIR FEDORKO: Motion to adopt the 25 draft resolution and grant temporary 40 ITEM NO. 8, 9, 15, 16 1 qualification to Brian Doyle as an officer of 2 Tropicana Casino and Resorts, Inc., subject to 3 the conditions in the respective resolutions. 4 COMMISSIONER FRULIO: Second. 5 CHAIR KASSEKERT: Motion has been made 6 and seconded. This is a roll call vote. 7 MR. NANCE: Commissioner Sommeling? 8 COMMISSIONER SOMMELING: Yes. 9 MR. NANCE: Commissioner Epps? 10 COMMISSIONER EPPS: No. 11 MR. NANCE: Commissioner Frulio? 12 COMMISSIONER FRULIO: Yes. 13 MR. NANCE: Vice Chair Fedorko? 14 VICE CHAIR FEDORKO: Yes. 15 MR. NANCE: Chair Kassekert? 16 CHAIR KASSEKERT: Yes. 17 MR. NANCE: The record will reflect by a 18 motion of four to one, Commissioners Epps 19 dissenting, the motion passes. 20 CHAIR KASSEKERT: Well we'll now move to 21 Item 16, which is Mr. Preston. 22 MR. MICHAELS: Yes. Madame Chair, 23 members of the Commissioners. 24 Mr. Preston seeks to serve as the Senior 25 Vice President for Gaming Operations for 41 ITEM NO. 8, 9, 15, 16 1 Tropicana Casinos and Resorts. The slight 2 nuance here is that Mr. Preston is the only one 3 of the bunch today who have not yet filed their 4 completed multi-jurisdictional New Jersey 5 supplement. He has filed his form IV, which is 6 necessary for these purposes. But the 7 resolution contains the provision that he must 8 now file the remaining forms within 15 days. 9 CHAIR KASSEKERT: Thank you. 10 Miss Turi? 11 MS. TURI: We have no objection to the 12 resolution as it's drafted, and it does contain 13 the conditions that are requested. 14 CHAIR KASSEKERT: Thank you. 15 Any questions? 16 COMMISSIONER SOMMELING: No questions, 17 Madame Chair. 18 COMMISSIONER FRULIO: Move to adopt the 19 draft resolution and grant temporary 20 qualification to Kevin Preston as an officer of 21 Tropicana Casinos and Resorts, Inc., subject to 22 the conditions in the respective resolution. 23 VICE CHAIR FEDORKO: Second. 24 COMMISSIONER EPPS: Second. 25 CHAIR KASSEKERT: Motion is made and 42 ITEM NO. 11 1 seconded. This is a role call vote. 2 MR. NANCE: Commissioner Sommeling? 3 COMMISSIONER SOMMELING: Yes. 4 MR. NANCE: Commissioner Epps? 5 COMMISSIONER EPPS: Yes. 6 MR. NANCE: Commissioner Frulio? 7 COMMISSIONER FRULIO: Yes. 8 MR. NANCE: Vice Chair Fedorko? 9 VICE CHAIR FEDORKO: Yes. 10 MR. NANCE: Chair Kassekert? 11 CHAIR KASSEKERT: Yes. 12 MR. NANCE: The record will reflect that 13 the motion is unanimous. 14 Item No. 18, petition of Adamar of New 15 Jersey, Inc., for permission for two 16 individuals to perform qualifying duties for 17 Tropicana Casinos and Resorts has been 18 adjourned. 19 MR. MICHAELS: Thank you very much. 20 MR. DiGIACOMO: Thank you, Chair, 21 Commissioners. 22 MS. TURI: Thank you. 23 MR. NANCE: Item No. 11, notice of 24 readoption of NJAC 19:43. 25 Miss Frank? 43 ITEM NO. 12 1 MS. FRANK: Good morning, Chair and 2 Commissioners. 3 The notice of readoption of Chapter 43, 4 the casino licensees of a Commission's 5 regulations is before you today for approval. 6 If approved it will become effective with its 7 filing tomorrow, June 7th, with the Office of 8 Administrative Law. 9 CHAIR KASSEKERT: Thank you. 10 Any questions? 11 COMMISSIONER SOMMELING: Move to readopt 12 the publication without amendment. 13 VICE CHAIR FEDORKO: Second. 14 CHAIR KASSEKERT: The motion has been 15 made and seconded. All in favor? 16 (Ayes.) 17 CHAIR KASSEKERT: Opposed? 18 (No response.) 19 CHAIR KASSEKERT: Motion carries. 20 MS. FRANK: Thank you. 21 MR. NANCE: Item No. 12, petition of 22 Resorts International Hotel, Inc., for approval 23 of amendments to its certificate of operation 24 and casino hotel alcoholic beverage license to 25 permit a reconfiguration and expansion of the 44 ITEM NO. 12 1 gaming floor. 2 Mr. Briliant? 3 MR. BRILIANT: Good morning, Madame 4 Chair and Commissioners. 5 This involves a fairly extensive 6 reconfiguration expansion of the gaming floor 7 at Resorts. We have circulated a proposed 8 resolution which does contain specific 9 conditions regarding the redemption of gaming 10 chips in one of the areas. 11 And Pat Wild is here on behalf of the 12 Petitioner, and Mr. Ficchi on behalf of the 13 Division. 14 CHAIR KASSEKERT: Thank you. 15 Miss Wild? 16 MS. WILD: Yes. Good morning, Madame 17 Chair, members of the Commission. 18 We have reviewed the proposed 19 resolution, and we would ask for an adoption of 20 that. 21 I just want to state on the record, 22 we're making these significant changes as 23 Counsel Briliant has mentioned, to start to 24 move to the place that we want to be to comply 25 with the no-smoking regulations and the 45 ITEM NO. 12 1 exemptions. 2 We're moving a major gaming pit closer 3 to the Boardwalk, thereby enabling patrons to 4 leave if they need to smoke, and also enabling 5 us to structure the necessary ventilation 6 systems and the wall systems that are going to 7 be necessary under the current scheme that's 8 approved by the City of Atlantic City. 9 So we thank you for the opportunity to 10 do this, and we also invite you down to see 11 when everything is complete. 12 Thank you. 13 CHAIR KASSEKERT: Thank you. 14 Any questions for Miss Wild? 15 COMMISSIONER SOMMELING: No questions, 16 Madame Chair. 17 CHAIR KASSEKERT: Mr. Ficchi? 18 MR. FICCHI: Madame Chair, 19 Commissioners, good morning. 20 The Division has conducted a review of 21 the areas in question, particularly the cage -- 22 the chip redemption area that was spoken of 23 earlier. And the Division has no objection to 24 the relief. And we have a copy of the draft 25 resolution. We have no objection to its 46 ITEM NO. 13 1 adoption by this commission. 2 Thank you. 3 CHAIR KASSEKERT: Thank you. 4 Any questions? 5 COMMISSIONER SOMMELING: No questions, 6 Madame Chair. 7 COMMISSIONER FRULIO: Move to adopt the 8 draft resolution and approve the petition of 9 Resorts International Hotel, Inc., for an 10 amendment to its certificate of operation and 11 casino hotel alcoholic beverage license to 12 permit the reconfiguration and expansion of its 13 gaming floor, subject to the conditions in the 14 resolution. 15 VICE CHAIR FEDORKO: Second. 16 CHAIR KASSEKERT: The motion has been 17 made and seconded. All in favor? 18 (Ayes.) 19 CHAIR KASSEKERT: Opposed? 20 (No response.) 21 CHAIR KASSEKERT: Motion carries. 22 MR. FICCHI: Thank you. 23 MR. BRILIANT: Thank you. 24 MS. WILD: Thank you. 25 MR. NANCE: Item No 13, proposed 47 ITEM NO. 14 1 publication of amendments for BUST IT! wager in 2 blackjack. 3 Mr. Mamolen? 4 MR. MAMOLEN: Good morning, Madame Chair 5 and Commissioners. 6 This matter is before you for 7 publication, as you know. The test has been 8 going on for a couple months at the Taj Mahal 9 under our temporarily adopted regulations. So 10 far, so good. 11 CHAIR KASSEKERT: All right. 12 Any questions? 13 COMMISSIONER SOMMELING: Move to approve 14 for publication. 15 VICE CHAIR FEDORKO: Second. 16 CHAIR KASSEKERT: The motion has been 17 made and seconded. All in favor? 18 (Ayes.) 19 CHAIR KASSEKERT: Opposed? 20 (No response.) 21 CHAIR KASSEKERT: Motion carries. 22 MR. NANCE: Item No. 14, proposed 23 temporary adoption of amendments for Bad Beat 24 bonus wager and three card poker and four card 25 poker; notice of rulemaking experiment 48 ITEM NO. 14 1 concerning Bad Beat bonus wager and three card 2 poker and four card poker pursuant to NJSA 3 5:12-69(e). 4 Mr. Mamolen? 5 MR. MAMOLEN: This is a new side wager 6 in the authorized games of three card poker and 7 four card poker. Similar concept to the Bad 8 Beat payouts. We have under the temporary 9 adoption and test for the authorized game of 10 poker. 11 In this side wager, however, there will 12 be no -- there is an independent base wager 13 requirement. Essentially, the player would be 14 placing a wager that either the dealers or the 15 player's losing hand in a certain minimum 16 qualifying hand. Payouts range all the way up 17 to the 15 and $25,000 amount to $1 minimum and 18 maximum wager. And it's -- it's slated for 19 test. 20 At counsel table is Marie Jones with 21 Shuffle Master should you have any question 22 about the wager as well. 23 CHAIR KASSEKERT: Thank you. 24 Miss Jones? Good morning. 25 MS. JONES: Good morning, Chair, 49 ITEM NO. 14 1 Commissioners. 2 I'd be happy to answer any questions you 3 may have. 4 CHAIR KASSEKERT: Thank you. 5 Any questions? 6 COMMISSIONER SOMMELING: No questions, 7 Madame Chair. 8 VICE CHAIR FEDORKO: Motion to 9 preliminarily approve Bad Beat bonus wager for 10 three card poker and four card poker as a new 11 wager compatible with the public interest 12 pursuant to section 5 of the Act; 13 And to authorize publication of the 14 notice of temporary adoption which will permit 15 a test of the Bad Beat bonus wager to begin on 16 or after July 9th, 2007, subject to the 17 conditions listed below and to continue for a 18 period of time not to exceed 270 days; 19 And to temporarily adopt the amendments 20 contained in the notice of proposal for the 21 purpose of conducting the test; 22 And to delete -- and to delegate to the 23 Director of the Division of Compliance the 24 authority to establish the terms and conditions 25 of a test of Bad Beat bonus wager for three 50 ITEM NO. 14 1 card poker and four card poker; 2 And condition any tests of Bad Beat 3 bonus wager upon filing with and approval by 4 the Division of Compliance of all necessary 5 test submissions for a section 69(e) test of 6 the wager. 7 COMMISSIONER SOMMELING: Second. 8 CHAIR KASSEKERT: The motion has been 9 made and seconded. All in favor? 10 (Ayes.) 11 CHAIR KASSEKERT: Opposed? 12 (No response.) 13 CHAIR KASSEKERT: Motion carries. 14 MS. JONES: Thank you. 15 MR. MAMOLEN: Thank you. 16 MR. NANCE: In accordance with 17 Resolution No. 06-12-13-20, the next closed 18 session of the Commission shall be held on 19 Wednesday, June 20th, 2007, at 9:15 a.m. in the 20 Commission offices. 21 It is now time for the public 22 participation of the meeting. 23 CHAIR KASSEKERT: Prior to moving to the 24 public participation of the meeting, let me 25 introduce, to the remaining people here in the 51 1 room, our two colleagues from Singapore. And 2 please don't get angry if I'm massacring your 3 names. 4 Yeo Yee Chuan and Chen Wei Ann, who are 5 our colleagues from Singapore who have been 6 visiting here in New Jersey and visiting with 7 us and learning about our regulations. So 8 welcome. 9 MR. CHUAN: Thank you, Chair. 10 MR. ANN: Thank you. 11 CHAIR KASSEKERT: Good to see you. 12 Thank you. 13 Is there anyone from the public who 14 issues to be heard? 15 (No response.) 16 CHAIR KASSEKERT: Seeing no one, I'll 17 declare this portion of the meeting closed and 18 entertain a motion to adjourn. 19 COMMISSIONER SOMMELING: Motion to 20 adjourn. 21 COMMISSIONER FRULIO: Second. 22 CHAIR KASSEKERT: The motion has been 23 made and seconded. All in favor? 24 (Ayes.) 25 CHAIR KASSEKERT: Opposed? 52 1 (No response.) 2 CHAIR KASSEKERT: Motion carries. 3 Thank you. 4 (Public Meeting No. 07-06-06 was 5 adjourned at 11:07 a.m.) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 53 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: June 11, 2007 24 My Commission Expires on July 10, 2009 25 ID No 2062871