1 1 STATE OF NEW JERSEY 2 CASINO CONTROL COMMISSION 3 - - - - - - - - - - - - - - - - - - - 4 5 PUBLIC MEETING NO. 07-07-18 6 7 - - - - - - - - - - - - - - - - - - - 8 9 Wednesday, July 18, 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 10:40 a.m. to 11:24 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 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 LEONARD J. DIGIACOMO, ASSISTANT GENERAL COUNSEL 9 MARY WOZNIAK, ASSISTANT GENERAL COUNSEL STEVEN M. INGIS, ASSISTANT GENERAL COUNSEL 10 TERESA M. NAGENGAST, SENIOR COUNSEL E. DENNIS KELL, ASSISTANT GENERAL COUNSEL 11 LON E. MAMOLEN, SENIOR COUNSEL BERNADETTE T. FRIGEN, PROGRAM SUPERVISOR 12 CLAIRE FRANK, PROGRAM SUPERVISOR/SENIOR EEO COORDINATOR 13 DIVISION OF GAMING ENFORCEMENT: 14 DEPUTY ATTORNEYS GENERAL BRIAN BISCIEGLIA, DEPUTY ATTORNEY GENERAL 15 TIMOTHY C. FICCHI, DEPUTY ATTORNEY GENERAL JAMES FOGARTY, DEPUTY ATTORNEY GENERAL 16 FREDERICK J. McDONOUGH, DEPUTY ATTORNEY GENERAL RICHARD MORRISSEY, 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 TERESA M. NAGENGAST, SENIOR COUNSEL FREDERICK J. McDONOUGH, 3 DEPUTY ATTORNEY GENERAL HILL WALLACK, LLP 4 BY: RICHARD F. DELUCRY, ESQ. FOR: AVAYA, INC. 5 ITEM NO. 12 MARY WOZNIAK, ASSISTANT GENERAL COUNSEL 6 DOROTHY TURI, DEPUTY ATTORNEY GENERAL KAREN WOSNACK, ESQ. 7 FOR: HARRAH'S OPERATING COMPANY, INC. 8 ITEM NO. 13 LEONARD J. DiGIACOMO, ASSISTANT COUNSEL JAME FOGARTY, DEPUTY ATTORNEY GENERAL 9 MARIE JONES, ESQ. FOR: MGM MIRAGE 10 ITEM NO. 14 LEONARD J. DiGIACOMO, ASSISTANT COUNSEL 11 JAME FOGARTY, DEPUTY ATTORNEY GENERAL MARIE JONES, ESQ. 12 FOR: MGM MIRAGE 13 ITEM NO. 15 CLAIRE FRANK, PROGRAM MANAGER JAMES JOGARTY, DEPUTY ATTORNEY GENERAL 14 JOSEPH A. FUSCO, ESQ. FOR: TRUMP ENTERTAINMENT RESORTS, INC. 15 ITEM NO. 20 E. DENNIS KELL, ASSISTANT GENERAL COUNSEL 16 TIMOTHY C. FICCHI, DEPUTY ATTORNEY GENERAL TAMA HUGHES, ESQ. 17 FOR: ADAMAR OF NEW JERSEY, INC. 18 ITEM NO. 21 E. DENNIS KELL, ASSISTANT GENERAL COUNSEL TIMOTHY C. FICCHI, DEPUTY ATTORNEY GENERAL 19 KAREN WOSNACK, ESQ. FOR: MARINA ASSOCIATES 20 21 22 23 24 25 4 1 AGENDA PUBLIC MEETING NO. 07-07-18 2 JULY 18, 2007, 10:40 a.m. ITEM PAGE VOTE 3 1 Ratification of the minutes of 9 10 June 20, 2007 4 2 Applications for employee and casino 10 10 service industry licenses 5 Qualification of Robert W. Reed in 11 12 connection with the gaming related casino 6 services industry license of WMS Gaming, Inc., pursuant to NJAC 19:41-1.14B(h) 7 Applications for initial and renewal of casino key employee licenses and for 8 qualification: Steven C. Hann, Vice President of 12 13 9 Marketing Casino for Boardwalk Regency Corporation Steve Luu, Vice President of Customer 12 13 10 Development for Adamar of New Jersey, Inc. 3 Stipulations of settlement and consent 11 agreements: a) Rufus J. Bloomfield, Jr. (07-0278-EA) 13 15 12 b) Joseph C. Lake, Jr., (07-0314-EA) 13 15 c) Donald R. Clark (06-0467-ER) 13 15 13 d) Stephen C. Cottrell (06-0007-ER) 13 15 e) Daniel E. Sanders (05-0096-ER) 13 15 14 f) Ernest Steward (06-0569-ER) 13 15 g) Harry Chromiak (07-0123-EA) 13 15 15 h) Kevin M. Crombie (07-0191-EA) 13 15 i) George P. Szlanic (06-032-RC) 13 15 16 4 Petitions for early reapplication: a) Michelle E. Barnes (07-0224-RA) 15 17 17 b) Dorsey D. Cooper (07-0293-RA) 18 19 5 Applications for suspension: 18 a) Jason A. Goltz (07-0349-RC) 19 24 b) Gina D. Harvell-Anderson (07-0346-RC) 19 24 19 c) Veronica M. Jamison (07-0347-RC) 19 24 d) Abigail Rodriguez (a/k/a Abigail 20 20 Rodriquez) (07-0348-RC) Sworn 21 23 6 Stipulation of settlement of application 24 26 21 of Joe Travis Horton, Jr., (/t/a Joco Tours) and qualification of Joe Travis 22 Horton, Jr., (07-0107-SI) 7 Initial Decision of application of 26 28 23 Jonathan C. Kappock (-6-0445-EA) 8 Stipulation of settlement of State v. adj. 24 Marina District Development Company, LLC (d/b/a Borgata Hotel Casino & Spa) 25 (07-0147-VC) 5 1 CONTINUED AGENDA PUBLIC MEETING NO. 07-07-18 2 JULY 18, 2007, 10:40 a.m. ITEM PAGE VOTE 3 9 Petition of Tang Dynasty Entertainment, adj. LLC, and Marina District Development 4 Company, LLC (d/b/a Borgata Hotel Casino & Spa) for a transactional waiver (PRN 3120608) 5 10 Petition of Avaya, Inc., for waiver of 28 29 qualification for Dodge & Cox as an 6 institutional investor (PRN 1030702) 11 Petition of Highgate Steel, Inc., for adj. 7 release of monies held in escrow and other relief (PRN 1630701) 8 12 Petition of Harrah's Operating Company, 30 31 Inc., (HOC) Marina Associates, Atlantic 9 City Showboat, Inc., Bally's Park Place and Boardwalk Regency Corp., for waiver of 10 qualification for certain officers of HOC (Randy Conroy, Michael Rosenow, and David 11 Patent) (PRN 1840706) 13 Petition of MGM MIRAGE for waiver of the 32 34 12 qualification requirement as to Marsico Capital Management, LLC, pursuant to NJSA 13 5:12-85d(1) (PRN 1730709) 14 Consideration of the qualification of 34 36 14 Aldo Manzini to serve as Chief Administrative Officer and Executive Vice President of 15 MGM MIRAGE in connection with the casino License of Marina District Development 16 Company, LLC 15 Petition of Trump Entertainment Resorts, 37 39 17 Inc., (TER) requesting permission for Ivanka Trump to perform the duties and 18 exercise the powers of a Director of TER pending plenary qualification (PRN 1780708) 19 16 Proposed readoption of Chapter 45 40 41 (Accounting and internal controls) 20 17 Proposed temporary adoption of amendments 41 42 and new rules authorizing electronic table 21 game systems 18 Proposed temporary adoption of amendments 41 42 22 and new rules authorizing electronic wagering systems 23 19 Petition of Bally's Park Place, Inc., adj. (d/b/a Bally's Atlantic City) for a waiver 24 pursuant to the provisions of NJAC 19:45-1.14A(d) (PRN 1860711) 25 6 1 CONTINUED AGENDA PUBLIC MEETING NO. 07-07-18 2 JULY 18, 2007, 10:40 a.m. ITEM PAGE VOTE 3 20 Petition of Adamar of New Jersey, Inc., 43 45 (d/b/a Tropicana Casino Resort) for an 4 amendment to its certificate of operation to expand and reconfigure its gaming floor 5 21 Petition of Marina Associates (d/b/a Harrah's Casino Hotel Atlantic City) for 45 47 6 an amendment to its certificate of operation to expand and reconfigure its gaming floor 7 (PRN 1830704) 22 Proposed publication of amendments and 47 48 8 new rule for Pai Gow bonus wager 23 Proposed adoption of amendments and new 48 49 9 rules for Asia Poker 10 PUBLIC PARTICIPATION: 11 JOHN HEGYI 50 12 ALICE GORDON 60 13 14 15 16 17 18 19 20 21 22 23 24 25 7 1 E X H I B I T S : 2 ITEM NO. 2 DESCRIPTION EVD 3 4 EL-1 Remand for hearings 51 license X applications 5 EL-2 Grant 17 licenses X 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 (Exhibits retained by Commission.) 21 22 23 24 25 8 1 (Public Meeting 07-07-18 was commenced 2 at 10:40 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 ITEM NO. 1 1 Allegiance. 2 (The flag salute was recited.) 3 CHAIR KASSEKERT: Good morning. 4 MR. NANCE: Good morning. 5 The matters discussed in closed session 6 were: Employee enterprise license matters. 7 The Commission approved the June 20th, 8 2007, closed session minutes. 9 Litigation update regarding: Warren 10 Lackland and Lewis M. Springer, Jr., versus the 11 State of New Jersey, Casino Control Commission. 12 Gloria Ford versus the State of New 13 Jersey, Casino Control Commission, et al. 14 Tyrone J. Floyd versus the Casino 15 Control Commission and Sands Hotel Casino. 16 Husain versus the Casino Control 17 Commission, et al. 18 And in the matter of the petition of SD 19 for removal from the voluntary self-exclusion 20 list. 21 Item No. 1, ratification of the minutes 22 of June 20th, 2007, public meeting. 23 COMMISSIONER SOMMELING: Move to 24 approve. 25 VICE CHAIR FEDORKO: Second. 10 ITEM NO. 2 1 CHAIR KASSEKERT: The motion has been 2 made and seconded. All in favor? 3 (Ayes.) 4 CHAIR KASSEKERT: Opposed? 5 (No response.) 6 CHAIR KASSEKERT: Motion carries. 7 MR. NANCE: Item No. 2, application for 8 employee and casino service industry licenses. 9 This agenda item will be entered as Exhibit 10 List 1 and 2. 11 Exhibit List 1 consists of 51 12 applications for initial and/or renewal of 13 casino key or casino employee licenses. 14 The Division has objected to licensure. 15 COMMISSIONER FEDORKO: Motion to remand 16 for hearings. 17 COMMISSIONER SOMMELING: Second. 18 CHAIR KASSEKERT: The motion has been 19 made and seconded. All in favor? 20 (Ayes.) 21 CHAIR KASSEKERT: Opposed? 22 (No response.) 23 CHAIR KASSEKERT: Motion carries. 24 MR. NANCE: Exhibit List 2 consists of 25 17 applications for initial and/or renewal of 11 ITEM NO. 2 1 casino key and casino employee licensing. 2 Staff and the Division have recommended 3 that these licenses be granted. 4 VICE CHAIR FEDORKO: Motion to grant 5 applications. 6 COMMISSIONER SOMMELING: Second. 7 CHAIR KASSEKERT: The motion has been 8 made and seconded. All in favor? 9 (Ayes.) 10 CHAIR KASSEKERT: Opposed? 11 (No response.) 12 CHAIR KASSEKERT: Motion carries. 13 MR. NANCE: For consideration is the 14 qualification of Robert W. Reed, in connection 15 with the gaming related casino service industry 16 license of WMS Gaming, Inc., pursuant to NJAC 17 19:51-1.14B(h). 18 Staff and the Division has recommended 19 that this application be granted. 20 COMMISSIONER EPPS: Madame Chair, I move 21 that we find Robert W. Reed plenarily qualified 22 in connection with the gaming related casino 23 service industry license of WMS Gaming, 24 Incorporated. 25 VICE CHAIR FEDORKO: Second. 12 ITEM NO. 2 1 COMMISSIONER SOMMELING: Second. 2 CHAIR KASSEKERT: Motion is made and 3 seconded. All in favor? 4 (Ayes.) 5 CHAIR KASSEKERT: Opposed? 6 (No response.) 7 CHAIR KASSEKERT: Motion carries. 8 MR. NANCE: For consideration are the 9 following applications for initial and/or 10 renewal of casino and key employee license and 11 for qualification: Steven C. Hann, Vice 12 President of Marketing Casino, for Boardwalk 13 Regency Corporation, and Steve Luu, Vice 14 President of Customer Development for Adamar of 15 New Jersey, Inc. 16 Staff and the Division has recommended 17 that these applications be granted. 18 COMMISSIONER EPPS: Move that we grant 19 the initial and renewal of key licenses and for 20 qualification. 21 VICE CHAIR FEDORKO: Second. 22 COMMISSIONER SOMMELING: Second. 23 CHAIR KASSEKERT: Motion is made and 24 seconded. This is a roll call vote. 25 MR. NANCE: Commissioner Sommeling? 13 ITEM NO. 3 1 COMMISSIONER SOMMELING: Yes. 2 MR. NANCE: Commissioner Epps? 3 COMMISSIONER EPPS: Yes. 4 MR. NANCE: Vice Chair Fedorko? 5 VICE CHAIR FEDORKO: Yes. 6 MR. NANCE: Chair Kassekert? 7 CHAIR KASSEKERT: Yes. 8 MR. NANCE: The record will reflect that 9 the motion is unanimous. 10 Item No. 3 [sic], stipulation of 11 settlement and consent agreements. When I call 12 your name please come forward, stand behind 13 this middle table spreading across the room so 14 that you may be seen: Rufus Bloomfield, Jr., 15 Joseph Lake, Jr., Donald Clark, Stephen 16 Cottrell, Daniel Sanders, Ernest Steward, Harry 17 Chromiak, Kevin Crombie, and George Szlanic. 18 Mr. Ingis? 19 MR. INGIS: Good morning, Madame Chair, 20 Commissioners. 21 The staff has nothing to add at this 22 time. 23 CHAIR KASSEKERT: Thank you. 24 I'm going to ask that you each state 25 your name for the record, beginning with you, 14 ITEM NO. 3 1 sir. 2 MR. SZLANIC: Yes. George Szlanic. 3 MR. CHROMIAK: Harry Chromiak. 4 MR. LAKE: Joseph C. Lake, Jr. 5 MR. CLARK: Donald Clark. 6 MR. BLOOMFIELD: Rufus Bloomfield, Jr. 7 CHAIR KASSEKERT: Okay. In a moment 8 we're going to vote on the stipulations which 9 you've agreed to with the Division of Gaming 10 Enforcement. I'm going to ask at this point if 11 any of you wish to be heard on your matter. 12 You do not have to say anything if you don't 13 want to. 14 Does anyone wish to say anything? 15 (No response.) 16 Mr. Biscieglia? 17 MR. BISCIEGLIA: Good morning, Chair, 18 Commissioners. 19 The Division has nothing further to add 20 and ask that the stipulations be submitted as 21 is. 22 CHAIR KASSEKERT: Thank you. 23 Any question? 24 COMMISSIONER SOMMELING: Madame Chair, 25 move to approve the stipulations. 15 ITEM NO. 4 1 VICE CHAIR FEDORKO: 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 Thank you very much for coming. Good 9 luck. 10 FROM THE FLOOR: Thank you. 11 MR. NANCE: Item No. 4, petitions for 12 early reapplication for Michelle Barnes and 13 Dorsey Cooper. 14 Mr. Frigen? 15 MS. FRIGEN: Okay. First case is 16 Michelle Barnes. Let me ask whether she is 17 present or represented today? She apparently 18 is not here. 19 For your consideration is her petition 20 seeking permission to obtain noncredential 21 hotel employment early. By letter dated May 22 9th, the Division interposed an objection to 23 this petition. 24 CHAIR KASSEKERT: Thank you. 25 Mr. Biscieglia? 16 ITEM NO. 4 1 MR. BISCIEGLIA: Thank you, Chair. 2 The Commission approved the stipulation 3 of settlement with the Respondent on November 4 8th of 2006. This order permitted the 5 Respondent to be able to petition for 6 noncredential position -- or noncredential 7 employment, excuse me -- after January 23rd, 8 2007. 9 However, subsequent to the Commission's 10 order, the Petitioner was arrested by the 11 Pleasantville Police Department on February 12 20th of 2007, and charged with possession of 13 paraphernalia, possession of CDS, possession of 14 CDS within 1,000 feet of school zone, and 15 possession of CDS. On May 2nd, 2007, she was 16 indicted on all charges except for the 17 possession of drug paraphernalia charge. 18 She -- Miss Barnes has failed to disclose this 19 arrest on her current petition. 20 It is the Division's position that this 21 arrest negates the terms of the stipulation of 22 settlement. And based upon the indictment and 23 her failure to disclose to the arrest on the 24 current petition, the Division ask that her 25 petition be denied. 17 ITEM NO. 4 1 CHAIR KASSEKERT: Thank you. 2 Any questions? Mr. Commissioner Epps? 3 COMMISSIONER EPPS: I just have one 4 question. The letters in support of her 5 petition, were they submitted before her most 6 recent arrest? Or -- 7 MR. BISCIEGLIA: It is my belief that 8 they were submitted before. 9 COMMISSIONER EPPS: They were submitted 10 before her -- okay. 11 MR. BISCIEGLIA: That was my belief. 12 COMMISSIONER EPPS: Okay. Thank you. 13 CHAIR KASSEKERT: Any other questions? 14 COMMISSIONER SOMMELING: No questions, 15 Madame Chair. 16 COMMISSIONER EPPS: I move to deny Ms. 17 Barnes' permission to obtain employment early 18 as a noncredential hotel employee. 19 COMMISSIONER SOMMELING: Second. 20 CHAIR KASSEKERT: The motion has been 21 made and seconded. All in favor? 22 (Ayes.) 23 CHAIR KASSEKERT: Opposed? 24 (No response.) 25 CHAIR KASSEKERT: The motion carries. 18 ITEM NO. 4 1 MS. FRIGEN: Okay. The next case we 2 would have is Dorsey Cooper. Mr. Cooper is 3 present. I would ask him to have a seat at the 4 table. 5 For your consideration is his petition 6 seeking permission to reapply early for a 7 registration. In this case by letter dated 8 June 13th, the Division has interposed no 9 objection to the petition. 10 CHAIR KASSEKERT: Thank you. 11 Mr. Cooper, is there anything you'd like 12 to say to us today? 13 MR. COOPER: No. 14 CHAIR KASSEKERT: Okay. 15 Mr. Biscieglia? 16 MR. BISCIEGLIA: Thank you. 17 The Division has interposed no objection 18 to this application. 19 Thank you. 20 CHAIR KASSEKERT: Thank you. 21 Any questions? 22 COMMISSIONER SOMMELING: No questions, 23 Madame Chair. 24 Move to grant Mr. Cooper's petition to 25 reapply early for a casino service employee 19 ITEM NO. 5 1 registration. 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 for coming. Good luck. 10 MR. COOPER: Thank you. 11 MR. NANCE: Item No. 5, application for 12 suspension for Jason Golz, Gina 13 Harvell-Anderson, Veronica Jamison, and Abigail 14 Rodriguez. 15 Miss Frigen? 16 MS. FRIGEN: Madame Chair, 17 Commissioners. I'm aware because I had a 18 moment to speak with her that Abigail Rodriguez 19 is present. 20 Let me ask whether Jason Goltz, Gina 21 Harvell-Anderson, or Veronica Jamison are here 22 today? Or represented? Apparently not. 23 I would note for the record that Miss 24 Jamison did call me indicating that she likely 25 would not be attending. She had another 20 ITEM NO. 5 1 meeting. She has indicated that she's going to 2 be requesting that a final hearing on the case 3 be deferred until her criminal matter is 4 resolved. 5 CHAIR KASSEKERT: All right. 6 MS. FRIGEN: But the other -- the first 7 three are not here, but Miss Rodriguez is 8 present. 9 CHAIR KASSEKERT: Shall we call Miss 10 Rodriguez first, then? 11 MS. FRIGEN: Sure. 12 CHAIR KASSEKERT: Miss Rodriguez? 13 Mr. Biscieglia? This is your 14 application, so you can proceed. 15 MR. BISCIEGLIA: Thank you. 16 On April 17th, 2007, the Defendant -- 17 Respondent was arrested by the New Jersey State 18 Police Casino Enforcement Bureau and charged 19 with theft by deception. While dealing 20 blackjack at Bally's Atlantic City, the 21 Respondent accepted $2600 in money which she 22 knew to be counterfeit from a patron who the 23 licensee has been dating for the past two 24 months. 25 Thank you. 21 ITEM NO. 5 1 CHAIR KASSEKERT: Thank you. 2 MR. BISCIEGLIA: I'm sorry. I'm sorry. 3 Excuse me. 4 I just wanted to state that currently 5 the Respondent was charged in Atlantic County 6 Accusation 05-07-1415 with one count of 7 forgery. 8 CHAIR KASSEKERT: Thank you. 9 Let me just ask if any of the 10 Commissioners have any questions of Mr. 11 Biscieglia before we hear from Miss Rodriguez? 12 COMMISSIONER SOMMELING: No questions, 13 Madame Chair. 14 CHAIR KASSEKERT: Miss Rodriguez, is 15 there anything you'd like to say today? 16 MS. RODRIGUEZ: Yeah. 17 CHAIR KASSEKERT: Okay. You need to 18 stand and be sworn. 19 20 ABIGAIL RODRIGUEZ, was duly sworn to 21 testify in this matter. 22 23 MR. NANCE: Please state your name for 24 the record. 25 MS. RODRIGUEZ: Abigail Rodriguez. 22 ITEM NO. 5 1 MR. NANCE: Thank you. You may be 2 seated. 3 CHAIR KASSEKERT: Miss Rodriguez, you 4 may proceed. 5 MS. RODRIGUEZ: It says there that I 6 dated the guy for two months. No. I know the 7 customer from him being a frequent customer at 8 the casino. He would come on the weekends. 9 No. I did not date the customer at all. Had 10 communication with him on the casino floor. 11 Okay? 12 And I did not know that they were 13 counterfeit bills, and that's the first time he 14 ever paid at my table. How many times he's 15 come to the casino and gambled so. 16 CHAIR KASSEKERT: Okay. Let me ask if 17 there are any questions? 18 COMMISSIONER SOMMELING: No questions, 19 Madame Chair. 20 CHAIR KASSEKERT: Mr. Biscieglia? 21 Anything to add? 22 I think this matter is still -- this 23 matter is currently under indictment. 24 MR. BISCIEGLIA: Its under indictment. 25 There's a status conference that's scheduled 23 ITEM NO. 5 1 for August 13th, 2007. That's the only update 2 we have at this time. 3 CHAIR KASSEKERT: Okay. All right. 4 Let me -- any other questions? 5 COMMISSIONER SOMMELING: No questions, 6 Madame Chair. 7 CHAIR KASSEKERT: Do we have a motion? 8 VICE CHAIR FEDORKO: I'll make a motion 9 to suspend, Madame Chair. 10 COMMISSIONER SOMMELING: Second. 11 CHAIR KASSEKERT: The motion has been 12 made and seconded. All in favor? 13 (Ayes.) 14 CHAIR KASSEKERT: Opposed? 15 (No response.) 16 CHAIR KASSEKERT: Motion carries. 17 We're suspending your credentials 18 because of the nature of the crime that you're 19 accused of. You will be going through the 20 process. 21 Miss Frigen will explain to you what the 22 process will be in terms of what happens with 23 the pendency of the criminal matter and your 24 rights after this. Okay? 25 MS. RODRIGUEZ: Okay. 24 ITEM NO. 6 1 CHAIR KASSEKERT: Thank you. 2 MS. RODRIGUEZ: Thank you. 3 COMMISSIONER EPPS: Madame Chair, I move 4 that we grant the applications for suspension 5 on Golz, Harvell-Anderson, and Jamison. 6 VICE CHAIR FEDORKO: Second. 7 CHAIR KASSEKERT: The motion has been 8 made and seconded. All in favor? 9 (Ayes.) 10 CHAIR KASSEKERT: Opposed? 11 (No response.) 12 CHAIR KASSEKERT: Motion carries. 13 MR. BISCIEGLIA: Thank you. 14 MR. NANCE: Item No. 6, stipulation of 15 settlement of application of Joe Travis Horton, 16 Jr., and qualification of Joe Travis Horton, 17 Jr. 18 Mr. Ingis? 19 MR. INGIS: Good morning, Madame Chair, 20 Commissioners. 21 I would ask if Joe Travis Horton is 22 present in the meeting room? Apparently not. 23 Mr. McDonough is here on behalf of the 24 Division, however. 25 This is a stipulation of settlement 25 ITEM NO. 6 1 which, if approved, will result in the granting 2 of a junket enterprise license and a finding of 3 qualification for Mr. Horton. 4 CHAIR KASSEKERT: Thank you. 5 Mr. McDonough? 6 MR. McDONOUGH: Good morning. I 7 submitted the stipulation of settlement by 8 letter dated June 11th, 2007. 9 If you have any questions, I'll be try 10 to happy to try to answer them at this time. 11 We think this should be approved. 12 Thank you. 13 CHAIR KASSEKERT: Thank you. 14 Any questions? 15 COMMISSIONER SOMMELING: No questions, 16 Madame Chair. 17 COMMISSIONER EPPS: Madame Chair, I move 18 that we approve the stipulation of settlement 19 and grant Joe Travis Horton, Jr.'s, application 20 for a junket enterprise license and 21 qualification. 22 COMMISSIONER SOMMELING: Second. 23 CHAIR KASSEKERT: The motion has been 24 made and seconded. All in favor? 25 (Ayes.) 26 ITEM NO. 7 1 CHAIR KASSEKERT: Opposed? 2 (No response.) 3 CHAIR KASSEKERT: Motion carries. 4 MR. McDONOUGH: Thank you. 5 MR. NANCE: Item No. 7, initial decision 6 of application of Jonathan C. Kappock. 7 Miss Nagengast? 8 MS. NAGENGAST: Good morning, Chair, 9 Commissioners. 10 For your consideration this morning is 11 the initial decision in the application of 12 Jonathan C. Kappock which, if adopted, will 13 result in a finding of disqualification and 14 denial of Mr. Kappock's application for a 15 casino employee license. 16 Commissioner Sommeling, who served as 17 the hearing examiner in this matter, 18 recommended that the disqualification be waived 19 and that good cause be found to permit 20 Applicant to be -- to apply for a casino 21 service employee registration and work in a 22 position that does not require a credential. 23 I'm sorry -- a license. 24 Commissioner Sommeling also recommended 25 that Mr. Kappock be required to pay any 27 ITEM NO. 7 1 outstanding court fines and notify the Division 2 and Commission satisfaction of those fines by 3 October 1st. 4 Mr. Kappock was represented during the 5 hearing by Robert Herman, but he is not here 6 today. Mr. Biscieglia is for the Division. 7 CHAIR KASSEKERT: Thank you. 8 Mr. Biscieglia? Anything to add? 9 MR. BISCIEGLIA: No. Only that no 10 exceptions have been filed in this matter, and 11 the Division just ask that the initial decision 12 be adopted as read. 13 Thank you. 14 CHAIR KASSEKERT: Thank you. 15 Any questions? 16 COMMISSIONER EPPS: Madame Chair, I move 17 that we adopt the initial decision and deny Mr. 18 Kappock's casino service employee license 19 application; apply 91e waiver and permit him to 20 obtain a casino service employee registration 21 and to work in a position that does not require 22 a license subject to his compliance with 23 certain financial reporting obligations. 24 VICE CHAIR FEDORKO: Second. 25 CHAIR KASSEKERT: The motion has been 28 ITEM NO. 8-10 1 made and seconded. All in favor? 2 (Ayes.) 3 CHAIR KASSEKERT: Opposed? 4 (No response.) 5 CHAIR KASSEKERT: Motion carries. 6 Thank you. 7 MR. BISCIEGLIA: Thank you. 8 MR. NANCE: Item No. 8 has been 9 adjourned. 10 Item 9 has been adjourned. 11 Item No. 10, petition of Avaya, Inc., 12 for waiver of qualification for Dodge & Cox as 13 an institutional investor. 14 Miss Nagengast? 15 MS. NAGENGAST: Chair and Commissioners, 16 for your consideration is the petition filed on 17 behalf of Dodge & Cox seeking a waiver of 18 qualification as an institutional investor. 19 I note the presence of counsel and ask 20 him to note his appearance. 21 MR. DELUCRY: Thank you. Good morning, 22 Madame Chair, Commissioners. Richard Delucry, 23 Hill Wallach, for the Petitioner. 24 MR. McDONOUGH: Rick McDonough on the 25 behalf of the Division. 29 ITEM NO. 10 1 CHAIR KASSEKERT: Thank you. 2 Mr. Delucry, this is your petition. 3 Anything to add on the matter? 4 MR. DELUCRY: We have nothing to add, 5 other than what's submitted. 6 CHAIR KASSEKERT: Mr. McDonough? 7 MR. McDONOUGH: I submitted a response 8 by letter dated May 25th in which I support the 9 petition. 10 If you have any questions, I'll be happy 11 to answer them. 12 CHAIR KASSEKERT: Thank you. 13 Any questions? 14 COMMISSIONER SOMMELING: No questions, 15 Madame Chair. 16 VICE CHAIR FEDORKO: Motion to grant the 17 petition of Avaya, Inc., and waive the 18 qualification of Dodge & Cox pursuant to NJAC 19 19:51-1.14(b)(3) and NJSA 5:12-85(f) based on 20 its status as an institutional investor as 21 defined by NJSA 5:12-27.1. 22 COMMISSIONER SOMMELING: Second. 23 CHAIR KASSEKERT: The motion has been 24 made and seconded. All in favor? 25 (Ayes.) 30 ITEM NO. 11-12 1 CHAIR KASSEKERT: Opposed? 2 (No response.) 3 CHAIR KASSEKERT: Motion carries. 4 MR. McDONOUGH: Thank you. 5 CHAIR KASSEKERT: Thank you. 6 MR. DELUCRY: Thank you. 7 MR. NANCE: Item No. 11 has been 8 adjourned to August 1st, 2007. 9 Item No. 12, petition of Harrah's 10 Operating Company, Inc., Marina Associates, 11 Atlantic City Showboat, Inc., Bally's Park 12 Place, and Boardwalk Regency Corp. for 13 qualification of certain officers of HOC. 14 Miss Wozniak? 15 MS. WOZNIAK: Good morning, Chair, 16 Commissioners. 17 I have distributed a draft resolution. 18 Miss Wosnack is here for the petitioners and 19 Miss Turi for the Division. 20 CHAIR KASSEKERT: Thank you. 21 Ms. Wosnack? 22 MS. WOSNACK: I have nothing to add 23 other than I have reviewed the resolution and 24 have nothing to add to that. 25 Thank you. 31 ITEM NO. 12 1 CHAIR KASSEKERT: Thank you. 2 MS. TURI: I also have reviewed the 3 draft resolution and have no objection to its 4 entry. 5 CHAIR KASSEKERT: Thank you. 6 Any questions? 7 COMMISSIONER SOMMELING: No questions, 8 Madame Chair. 9 COMMISSIONER EPPS: Madame Chair, move 10 that we adopt the draft resolution and waive 11 the qualification requirement pursuant to NJSA 12 5:12-85d(1) as to the following officers: 13 Randy Conroy in his capacity as Vice President 14 of Finance, Northern Nevada, Michael Rosenow in 15 his capacity as Vice President of Human 16 Resources, Northern Nevada, and David Patent in 17 his capacity as Vice President of Gaming. 18 COMMISSIONER SOMMELING: Second. 19 CHAIR KASSEKERT: Motion is made and 20 seconded. This 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: Vice Chair Fedorko? 32 ITEM NO. 13 1 VICE CHAIR FEDORKO: Yes. 2 MR. NANCE: Chair Kassekert? 3 CHAIR KASSEKERT: Yes. 4 MR. NANCE: The record will reflect that 5 the motion is unanimous. 6 MS. WOSNACK: Thank you. 7 CHAIR KASSEKERT: Thank you. 8 MS. TURI: Thank you. 9 MR. NANCE: Item No. 13, the petition of 10 MGM MIRAGE for waiver of qualification 11 requirement for Marsico Capital Management, 12 LLC, pursuant to NJSA 5:12-85d(1). 13 Mr. DiGiacomo? 14 MR. DiGIACOMO: Chair, Commissioners, 15 good morning. 16 Miss Marie Jones is here on behalf of 17 MGM MIRAGE. Mr. James Fogarty for the Division 18 of Gaming Enforcement. 19 I've shared with counsel for the parties 20 a copy of the draft resolution. I believe they 21 are prepared to consent to its form and entry. 22 CHAIR KASSEKERT: Thank you. 23 Miss Jones, good morning. 24 MS. JONES: Good morning, Chair, 25 Commissioners. 33 ITEM NO. 13 1 I have seen the draft resolution and 2 urge you to adopt it. 3 Thank you. 4 CHAIR KASSEKERT: Thank you. 5 Mr. Fogarty? 6 MR. FOGARTY: Good morning. Bit of a 7 twist here. Marsico, although an institutional 8 investor, don't want a waiver on that basis. 9 They want a waiver, with my director concurring 10 with one. I guess that's their choice. But 11 the reason for that, of course, is that 12 Krekorian's company owns the overwhelming 13 interest of this particular holding company, 14 MGM MIRAGE, so we have no objection. She 15 concurs in a waiver pursuant to section 86 -- 16 85d(1). 17 MR. DiGIACOMO: Got it. Got it. 18 MR. FOGARTY: I've seen a draft 19 resolution, and I have no objection. 20 CHAIR KASSEKERT: Thank you. 21 Any questions? 22 COMMISSIONER SOMMELING: No questions, 23 Madame Chair. 24 CHAIR KASSEKERT: No one wants to 25 questioning Mr. Fogarty? 34 ITEM NO. 14 1 COMMISSIONER EPPS: No. Based on what I 2 read, I -- 3 MR. FOGARTY: You didn't understand 4 that, either? 5 CHAIR KASSEKERT: Is there a motion? 6 COMMISSIONER EPPS: I'll do it. 7 I move that we adopt the draft 8 resolution and waive the qualification 9 requirement for Marciso Capital Management, 10 LLC, pursuant to NJSA 5:85d(1). 11 COMMISSIONER SOMMELING: Second. 12 CHAIR KASSEKERT: The motion has been 13 made and seconded. This is a roll call vote. 14 MR. NANCE: Commissioner Sommeling? 15 COMMISSIONER SOMMELING: Yes. 16 MR. NANCE: Commissioner Epps? 17 COMMISSIONER EPPS: Yes. 18 MR. NANCE: Vice Chair Fedorko? 19 VICE CHAIR FEDORKO: Yes. 20 MR. NANCE: Chair Kassekert? 21 CHAIR KASSEKERT: Yes. 22 MR. NANCE: The record will reflect that 23 the motion is unanimous. 24 Item No. 14 -- 25 MR. DiGIACOMO: Thank you, 35 ITEM NO. 14 1 Commissioners. 2 MR. NANCE: Consideration of the 3 qualification of Aldo Manzini to serve as Chief 4 Administrative Officer and Executive Vice 5 President of MGM MIRAGE in connection with the 6 casino license of the Marina District 7 Development Company, LLC. 8 Miss Frank? 9 MS. FRANK: Good morning, Chair and 10 Commissioners. 11 Aldo Mancini received his temporary 12 qualification from the Commission in March of 13 this year. A draft resolution has been 14 circulated to the parties. 15 Ms. Jones is here for MGM MIRAGE and Mr. 16 Fogarty again. 17 CHAIR KASSEKERT: Miss Jones? 18 MS. JONES: Good morning, again. And we 19 urge you to adopt the resolution. 20 Thank you. 21 CHAIR KASSEKERT: Thank you. 22 Mr. Fogarty? 23 MR. FOGARTY: Yes. We filed our letter 24 report dated June 14th, and we recommend that 25 Mr. Manzini's -- that you qualify Mr. Manzini. 36 ITEM NO. 14 1 And I've seen a copy of the draft resolution 2 and have no objection. 3 CHAIR KASSEKERT: Thank you. 4 Any questions? 5 COMMISSIONER SOMMELING: No questions, 6 Madame Chair. 7 VICE CHAIR FEDORKO: Motion to adopt the 8 draft resolution and find Aldo Manzini to 9 qualified to serve as Chief Administrative 10 Officer and Executive Vice President of MGM 11 MIRAGE. 12 COMMISSIONER SOMMELING: Second. 13 CHAIR KASSEKERT: Motion is made and 14 seconded. This a roll call vote. 15 MR. NANCE: Commissioner Sommeling? 16 COMMISSIONER SOMMELING: Yes. 17 MR. NANCE: Commissioner Epps? 18 COMMISSIONER EPPS: Yes. 19 MR. NANCE: Vice Chair Fedorko? 20 VICE CHAIR FEDORKO: Yes. 21 MR. NANCE: Chair Kassekert? 22 CHAIR KASSEKERT: Yes. 23 MR. NANCE: The record will reflect that 24 the motion is unanimous. 25 CHAIR KASSEKERT: Thank you. 37 ITEM NO. 15 1 MS. JONES: Thank you. 2 MR. NANCE: Item No. 15, petition of 3 Trump Entertainment Resorts, Inc., requesting 4 permission for Ivanka Trump to perform the 5 duties and exercise the powers of the Director 6 of TE -- yes, which is Trump Entertainment 7 Resorts, Inc., pending plenary qualification. 8 Miss Frank? 9 MS. FRANK: A draft resolution on Miss 10 Trump's qualifications has been distributed to 11 the parties. 12 Mr. Fogarty is here for the Division. 13 CHAIR KASSEKERT: Mr. Fogarty? 14 MR. FOGARTY: Gee, no Miss Trump and no 15 lawyer for Miss Trump. 16 CHAIR KASSEKERT: You sound very 17 disappointed. 18 MR. FOGARTY: Yeah. I guess maybe I am. 19 We have -- we have a filed a letter. We 20 do not interpose an objection. 21 CHAIR KASSEKERT: Uh. Uh. 22 COMMISSIONER EPPS: There is a Trump 23 lawyer. 24 CHAIR KASSEKERT: There is a Trump 25 lawyer in the house. 38 ITEM NO. 15 1 COMMISSIONER EPPS: True dramatic 2 fashion. 3 MR. FUSCO: I apologize. I'll reserve 4 my seat. 5 CHAIR KASSEKERT: Mr. Fusco, if Mr. 6 Perskie was sitting up here, boy, you'd be in 7 big trouble. 8 MR. FUSCO: And I'm afraid I missed what 9 Mr. Fogarty said. 10 COMMISSIONER EPPS: It was all bad. 11 Terrible. 12 CHAIR KASSEKERT: You were out of luck. 13 VICE CHAIR FEDORKO: He wants to know if 14 you brought anybody with you. 15 MR. FUSCO: I did not. 16 CHAIR KASSEKERT: Mr. Fusco, since this 17 is your petition, we are on Item 15, Miss 18 Trump. 19 MR. FUSCO: We submitted the petition, 20 and Mr. Fogarty has put in his submission, so 21 we would just really rest on those papers. 22 CHAIR KASSEKERT: Very good. 23 MR. FUSCO: And I apologize for the 24 tardiness. 25 CHAIR KASSEKERT: Mr. Fogarty? 39 ITEM NO. 15 1 MR. FOGARTY: And so do we. I've seen 2 the draft resolution. We have no objection. 3 CHAIR KASSEKERT: Thank you. 4 Any questions? This is your big chance. 5 Come on. 6 COMMISSIONER SOMMELING: No questions, 7 Madame Chair. 8 COMMISSIONER EPPS: Madame Chair, I move 9 that we adopt the draft resolution and 10 authorize Ivanka Trump on a temporary basis, 11 prior to her plenary qualifications, to assume 12 the duties and exercise the powers of a member 13 of the board of directors of Trump 14 Entertainment Resorts, Incorporated, subject to 15 the conditions contained in NJAC 19:43-2.7 16 which, among other things, require that she 17 file a personal history disclosure form MJ and 18 NJ Supplement by August 2nd, 2007. 19 COMMISSIONER SOMMELING: Second. 20 CHAIR KASSEKERT: Motion is made and 21 seconded. This is a roll call vote. 22 MR. NANCE: Commissioner Sommeling? 23 COMMISSIONER SOMMELING: Yes. 24 MR. NANCE: Commissioner Epps? 25 COMMISSIONER EPPS: Yes. 40 ITEM NO. 16 1 MR. NANCE: Vice Chair Fedorko? 2 VICE CHAIR FEDORKO: Yes. 3 MR. NANCE: Chair Kassekert? 4 CHAIR KASSEKERT: Yes. 5 MR. NANCE: The record will reflect that 6 the motion is unanimous. 7 MR. FUSCO: Thank you very much. 8 MR. FOGARTY: Thank you. 9 CHAIR KASSEKERT: You're welcome. 10 MR. FUSCO: And I'm not even getting 11 paid by the hour. 12 VICE CHAIR FEDORKO: You did a great 13 job, Mr. Fusco. 14 MR. FUSCO: Thanks. 15 MR. NANCE: Item No. 16, proposed 16 readoption of Chapter 45. 17 Miss Frank? 18 MS. FRANK: Chapter 45, accounting and 19 internal controls, expires on August 15th of 20 this year. It's proposed readoption is before 21 you today for approval. If approved, the 22 expiration date will be extended six months 23 upon its filing with the Office of 24 Administrative Law, which is slated to occur 25 tomorrow. 41 ITEM NO. 17-18 1 CHAIR KASSEKERT: Thank you. 2 Any questions? 3 COMMISSIONER SOMMELING: Move to readopt 4 for publication without amendment. 5 VICE CHAIR FEDORKO: Second. 6 CHAIR KASSEKERT: The motion has been 7 made and seconded. All in favor? 8 (Ayes.) 9 CHAIR KASSEKERT: Opposed? 10 (No response.) 11 CHAIR KASSEKERT: Motion carries. 12 MS. FRANK: Thank you. 13 MR. NANCE: For your considerations Item 14 No. 17 and 18. Proposed temporary adoption of 15 amendments and new rules authorizing electronic 16 table game systems and proposed temporary 17 adoption of amendment and new rules authorizing 18 electronic wagering systems. 19 Mr. Kell? 20 MR. KELL: Good morning, Madame Chair, 21 and Commissioners. 22 Before you are proposed amendments of 23 new rules authorizing electronic wagering 24 systems, electronic table games systems, and 25 electronic poker. 42 ITEM NO. 17-18 1 The staff recommends that you 2 temporarily adopt them at this time. 3 CHAIR KASSEKERT: Thank you. 4 Any questions? 5 COMMISSIONER SOMMELING: No questions, 6 Madame Chair. 7 COMMISSIONER EPPS: Just for 8 clarification, they're listed as individual 9 motions. Are we going to move them separately? 10 MR. KELL: No, they're one motion now 11 because it's now one proposal. It's been 12 merged into one proposal. 13 COMMISSIONER EPPS: Okay. 14 CHAIR KASSEKERT: So it's electronic 15 table games systems and electronic wagering 16 systems. 17 MR. KELL: And poker. It's all in the 18 same. 19 CHAIR KASSEKERT: Okay. 20 COMMISSIONER EPPS: Okay. I move that 21 we approve for temporary adoption. 22 VICE CHAIR FEDORKO: Second. 23 CHAIR KASSEKERT: The motion has been 24 made and seconded. All in favor? 25 (Ayes.) 43 ITEM NO. 19-20 1 CHAIR KASSEKERT: Opposed? 2 (No response.) 3 CHAIR KASSEKERT: Motion carries. 4 So now we can go up against the 5 billboards advertising it in Delaware, and 6 we'll have the same games offered here. 7 COMMISSIONER EPPS: Okay. 8 CHAIR KASSEKERT: Okay. 9 MR. NANCE: Item No -- excuse me. Item 10 No. 19 has been adjourned until August 1st 11 2007. 12 Item No. 20, petition of Adamar New 13 Jersey, Inc., for an amendment to its 14 certificate of operation and expand and 15 reconfigure its gaming floor. 16 Mr. Kell? 17 MR. KELL: Madame Chair, Commissioners. 18 I'd like the note the presence of principal 19 inspector Carol Zabor (phonetic) and also 20 acknowledge her help in getting this matter on 21 the agenda today. 22 Tama Hughes is here on behalf of the 23 Petitioners, and Tim Ficchi for the Division. 24 CHAIR KASSEKERT: Thank you. 25 MR. KELL: A draft res -- excuse me. A 44 ITEM NO. 20 1 draft resolution has been circulated to the 2 parties. 3 CHAIR KASSEKERT: Thank you. 4 MS. HUGHES: Good morning, Madame Chair, 5 Commissioners. 6 I want to thank everybody for their 7 assistance in letting us get this all on the 8 agenda as quickly as they did. 9 I've had an opportunity to review the 10 draft resolution, no objections or additions on 11 or deletions and just ask that you pass it 12 through. 13 CHAIR KASSEKERT: Thank you. 14 Mr. Ficchi? 15 MR. FICCHI: Yes. Thank you, Chair, 16 Commissioners. 17 The Division reviewed this matter, and 18 we've seen a copy of the draft resolution, and 19 we have no objection to its adoption to by this 20 commission. 21 Thank you. 22 CHAIR KASSEKERT: Thank you. 23 Any questions? 24 COMMISSIONER SOMMELING: No questions, 25 Madame Chair. 45 ITEM NO. 21 1 COMMISSIONER EPPS: Chair, I move that 2 we adopt the draft resolution and approve the 3 petition of Adamar New Jersey, Inc., for an 4 amendment to its certificate of operation and 5 casino hotel alcoholic beverage license to 6 permit the reconfiguration and expansion of its 7 gaming floor subject to the conditions in the 8 resolution. 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. HUGHES: Thank you. 17 MR. NANCE: Item No. 21, petition of 18 Marina Associates for an amendment to its 19 certificate of operation to expand and 20 reconfigure its gaming floor. 21 Mr. Kell? 22 MR. KELL: Madame Chair, Commissioners. 23 In this matter Karen Wosnack is here on behalf 24 of the Petitioner. Once again, Tim Ficchi for 25 the Division. 46 ITEM NO. 21 1 And, again, we have circulated the draft 2 resolution to the parties. 3 MS. WOSNACK: Good morning. Nothing to 4 add other than I have Mr. Vic Slernern 5 (phonetic) here in the event that you have any 6 questions. 7 We've reviewed the resolution. 8 CHAIR KASSEKERT: Thank you. 9 Mr. Ficchi? 10 MR. FICCHI: The Division supports the 11 adoption of this resolution by this commission. 12 CHAIR KASSEKERT: Thank you. 13 Mr. Kell, can you check the draft 14 resolution and ensure that it says "Marina 15 Associates" and not "Resorts International," 16 which is what the log sheet says? 17 MR. KELL: Yes. I will. 18 CHAIR KASSEKERT: Thank you. 19 Can I have a motion from Commissioners? 20 VICE CHAIR FEDORKO: Motion to adopt the 21 draft resoloution and approve the petition of 22 Marina Associates, Inc., for an amendment to 23 its certificate of operation and casino hotel 24 alcoholic beverage license to permit the 25 reconfiguration and expansion of its gaming 47 ITEM NO. 22 1 floor subject to the conditions in the 2 resolution. 3 COMMISSIONER SOMMELING: Second. 4 COMMISSIONER EPPS: 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 MS. WOSNACK: Thank you very much. 12 MR. FICCHI: Thank you. 13 MR. KELL: Thank you. 14 MR. NANCE: Item No. 22, proposed 15 publication of amendment and new rule for pai 16 gow bonus wager. 17 Mr. Mamolen? 18 MR. MAMOLEN: Good morning, Madame Chair 19 and Commissioners. 20 This matter is before you at this stage 21 for publication only. It's with reference to 22 the side wager in the pai gow tile game wherein 23 a player can wager on the outcome of the three 24 dice roll that determines the starting point 25 for the delivery of the tiles. 48 ITEM NO. 23 1 Three identical dice faces would produce 2 a winning wager with individual dice faces pay 3 outs of 180 to one where they can place an 4 aggregate bet for any combination of identical 5 dice faces, which pay outs are 30 to one. 6 Again, it's before you for publication. 7 CHAIR KASSEKERT: Thank you. 8 Any questions. 9 COMMISSIONER SOMMELING: Move to approve 10 for publication. 11 VICE CHAIR FEDORKO: Second. 12 CHAIR KASSEKERT: The motion has been 13 made and seconded. All in favor? 14 (Ayes.) 15 CHAIR KASSEKERT: Opposed? 16 (No response.) 17 CHAIR KASSEKERT: Motion carries. 18 MR. NANCE: Item No. 23, proposed 19 adoption for amendment and new rule for Asia 20 poker. 21 Mr. Mamolen? 22 MR. MAMOLEN: These amendments are 23 before you for final adoption for the games of 24 Asia poker. 25 As I'm sure you know, this is a similar 49 ITEM NO. 23 1 game to regular pai gow poker, except that 2 there are three hands wherein a player has to 3 win or have a higher ranking hand of two of the 4 three between a high hand, four-card hand, a 5 medium hand, a two-card hand, and low hand, 6 one-card hand. Pay outs are two to one, just 7 pai gow poker. 8 CHAIR KASSEKERT: Thank you. 9 Any questions? 10 COMMISSIONER SOMMELING: No questions, 11 Madame Chair. 12 VICE CHAIR FEDORKO: Motion to adopt as 13 published. 14 COMMISSIONER SOMMELING: 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 MR. MAMOLEN: Thank you. 22 CHAIR KASSEKERT: Thank you. 23 MR. NANCE: In accordance with 24 Resolution No. 06-12-13-20, the next closed 25 session of the Commission shall be held on 50 JOHN HEGYI 1 Wednesday, August 1st, 2007, at 9:15 a.m. in 2 the Commission offices. 3 It is now time for the public 4 participation portion of the meeting. 5 CHAIR KASSEKERT: Is there anything 6 anyone from the public who wishes to be heard? 7 Yes, sir. Would you please come forward 8 and state your name for the record. 9 MR. HEGYI: Good morning. My name is 10 John Hegyi. And I'm a professional musician. 11 MR. NANCE: Could you spell your last 12 name, please. 13 MR. HEGYI: H-e-g-y-i. 14 MR. NANCE: Thank you. 15 MR. HEGYI: And I'm a professional 16 musician who resided in Atlantic County for 17 many years, and I now reside in Camden County. 18 I want to thank you for the opportunity 19 to speak to you today. And I'll ask that you 20 please forgive me if I get a little emotional. 21 I'm, you know, a musician, very passionate 22 about what I do. And I would just like to 23 bring to the Commission's attention the 24 situation that musicians are facing in Atlantic 25 City and the entire area at this time. 51 JOHN HEGYI 1 Back in 1982 the entertainment 2 regulations of the Casino Control Act were 3 deregulated. And from I can recall at that 4 time, at that meeting there was supposed to be 5 a six-month impact study done on the 6 deregulation, the impact that it had on the 7 local musicians and the local entertainment 8 economy. And now we're, I guess, about 25 9 years later, and it still has never been done. 10 And I can tell you that as far as my -- 11 you know, being a member of the musicians' 12 union here in Atlantic City, in 1979 we had 13 about 767 members. Today we have 221 members. 14 And Sunday I worked at the Showboat in the 15 lobby at the early shift, playing with a 16 fabulous piano player, Joe Mancini. And after 17 I was done working, I took my camera and walked 18 down the Boardwalk, and I saw a lot of folks 19 with families with children. And I saw some 20 things on the boardwalk with people with 21 instruments that just really upset me. 22 And I've been very blessed as a musician 23 in Atlantic City. I came here in 1979 as a 24 21-year-old young man with hopes and dreams 25 that, you know, if I did what was right, and I 52 JOHN HEGYI 1 pursued my career that I would, you know, be 2 able to make a way in this world playing my 3 bass. And you know, God blessed me in many, 4 many ways. For ten years I've performed in the 5 show band at Harrah's. I played for all -- all 6 the major stars that have come through town. 7 And I was -- I've been blessed to be asked 8 about four years ago to travel with Steve 9 Lawrence and Eydie Gorme, and I've traveled the 10 country with them. You know, every performance 11 that we do on the road, Steve introduces the 12 musicians that travel with him, and he 13 introduces me from being from Atlantic City. 14 And, you knowing I'm proud -- I'm proud of that 15 fact that, you know, over the years I've been 16 able to try to be a kind of a goodwill 17 ambassador for the town and meet musicians in 18 other areas and see what's going on and. 19 You know, my heart is just broken over 20 what happens here in town now. If you look at 21 the entertainment that's being offered now 22 from-- from this point on to say the end of 23 October, I found about 80 different events that 24 are happening in town. About four of those 25 events will utilize local musicians. And I 53 JOHN HEGYI 1 feel, as I read the Casino Control Act, and the 2 purpose of why the casino -- one of the main 3 purposes why the casinos were brought here was 4 to enable local musicians, local entertainers 5 to, you know, have gainful employment. And, 6 you know, I just -- I'm at my wits' end. 7 Every person I talk to says, don't go to 8 the Commission. They won't do anything for 9 you. They'll do nothing for you. It's all 10 about money. It's all about power. I'm 11 telling you, the musicians in this area are so 12 downtrodden, so discouraged. 13 And I'm not here to bring criticism or 14 blame. I'm trying to find answers. I'm trying 15 to help, you know, find a way, to bring people 16 together not help -- you know, not divide us 17 and, you know -- 18 CHAIR KASSEKERT: Well, you know, I 19 don't think it's that the Commission won't do 20 anything. It's really that we can't do 21 anything with respect to the current system of 22 regulations that we have. 23 And I know you've corresponded via 24 letter to me about this issue, and we certainly 25 sympathize with you. But at this point, I 54 JOHN HEGYI 1 don't think that there's anything within our 2 power that we can do. 3 MR. HEGYI: But doesn't the Casino 4 Control Act enable the Commission to enforce or 5 create any type of regulation that you seem 6 deem fit to help the social situation, help the 7 economic situation? I mean, creatively, 8 there's been -- when I walk down the boardwalk, 9 I'm impressed with what's being done, you know. 10 But as I walk down the boardwalk on Sunday, I 11 see young children with empty beer cans banging 12 sticks on them. I mean, to me that's wrong. 13 CHAIR KASSEKERT: Yeah. And, of course, 14 that's not -- that's the City permitting -- 15 issuing permits to allow people to do that. 16 MR. HEGYI: Right. I've been informed 17 that that no longer even takes place. 18 CHAIR KASSEKERT: No. I'm not sure. 19 But we certainly see it outside our windows 20 dose as well. 21 MR. HEGYI: I mean, when a visitor comes 22 to Atlantic City and they're walking in front 23 of the boardwalk in front of the Wild West 24 casino, right? A multimillion dollar industry, 25 and you see young kids with empty beer kegs. I 55 JOHN HEGYI 1 mean, there's got to be a way that we can fix 2 these problems. Is that what the people think 3 that this is what local musicians are about? 4 Go down and see a man with pots and pans. You 5 know? I mean, to me that's just wrong. 6 CHAIR KASSEKERT: Uh-hum. 7 COMMISSIONER EPPS: I don't think -- I 8 mean, I don't mean -- I'm certainly not arguing 9 with you, and I understand your plight and your 10 condition. My father was a local musician and 11 in the local musicians union here for quite 12 some time. He happened to play bass. But the 13 issue -- the issues are kind of mutually 14 exclusive. Musicians playing in the hotels 15 would not necessarily stop people who are, you 16 know, less fortunate and trying to make a buck 17 on the boardwalk. 18 MR. HEGYI: I understand that. I'm just 19 looking from -- 20 COMMISSIONER EPPS: And I understand the 21 two situations. 22 MR. HEGYI: Yeah. 23 COMMISSIONER EPPS: They are -- 24 MR. HEGYI: Yeah. 25 COMMISSIONER EPPS: They are distict. 56 JOHN HEGYI 1 If someone is down on their luck, and they're 2 trying to make a buck, they're going to do 3 whatever they have to do. 4 MR. HEGYI: I understand that. And I 5 respect that. 6 COMMISSIONER EPPS: With respect to 7 getting more live music in the houses, it's a 8 difficult situation for us because we can't any 9 longer dictate to the hotels that they have to 10 have a certain amount of life acts or certain 11 number of hours or certain number of days per 12 week. What happens is it becomes a business 13 decision of the individual companies. 14 MR. HEGYI: Uh-hum. 15 COMMISSIONER EPPS: To survive. 16 Particularly when the statute was, as you 17 indicated, deregulated, which took away our 18 enforcement powers. The ability to set a 19 regulation when we see a need for something is 20 an extreme -- extremely difficult hurdle for us 21 in light of deregulation. So we are very 22 limited or powerless -- almost to the point of 23 powerless to effectuate what you would like to 24 see accomplished. 25 And that does not mean that we don't 57 JOHN HEGYI 1 sympathize with the cause or understand or 2 appreciate what you're passion is. We 3 certainly do. But there are certain 4 limitations on this board in our function that 5 make it -- what you seek to have accomplished 6 difficult from our desk. 7 CHAIR KASSEKERT: Uh-huh. 8 COMMISSIONER EPPS: So that's the -- 9 MR. HEGYI: So, I mean, the parts of the 10 Casino Control Act that say that you folks are 11 able to, if you feel it's pressing a need -- I 12 mean, you know, I don't have it right in front 13 of me. But if you feel that it's a great 14 benefit to the inhabitants to the social fiber 15 of the area that you guys are not able to -- 16 I'm not telling you to go back and 17 reregulate them. Do you understand what I'm 18 saying? I'm just trying to -- I'm trying to 19 find out with, say, like the service industry 20 vendors that are licensed through the 21 Commission, I would like to know how many of 22 those vendors are involved in entertainment and 23 how many of those people that those vendors 24 hire are New Jersey residents. Do you see what 25 I'm saying? 58 JOHN HEGYI 1 Because in order for us to maybe 2 effectuate some kind of positive actions for 3 local musicians and local entertainers, we need 4 to know if the -- if the purpose of the Act is 5 being fulfilled by these outside vendors. Do 6 you see what I'm saying? A lot of times 7 they'll bring -- like what I hear from 8 musicians saying, they're bringing bands from 9 Toronto. They're bringing bands from Canada, 10 paying them less money than the local bands 11 would be paid. Do you see what I'm saying? To 12 me, that's not a proper business practice. 13 CHAIR KASSEKERT: Mr. Heneghan, I 14 noticed, took your questions down. 15 MR. HEGYI: Okay. 16 CHAIR KASSEKERT: We can get you that 17 information. 18 You know, but Commissioners Epps is 19 correct. Absent a directive from the 20 legislature, especially since this area was 21 deregulated at one point -- 22 MR. HEGYI: Uh-huh. 23 CHAIR KASSEKERT: -- it really is not 24 within the scope of our power to come back and 25 dictate those kinds of business decisions. 59 JOHN HEGYI 1 But we will be happy to give you 2 whatever is public information with respect to 3 the vendors and certainly, you know, maybe that 4 might be helpful in your quest. 5 MR. HEGYI: Okay. I appreciate that. 6 CHAIR KASSEKERT: Sure. 7 MR. HEGYI: And you're -- I'm trying to 8 understand what you just told me. 9 CHAIR KASSEKERT: Sure. 10 MR. HEGYI: If the legislature came back 11 to you folks and said reexamine the effects of 12 the deregulations of entertainment on New 13 Jersey residents, then you folks would have 14 power to operate? 15 CHAIR KASSEKERT: I think that certainly 16 would be helpful. I will check and see if 17 there was ever a study done. I was not aware 18 of that until you brought that up, so I will 19 check into that as well. 20 MR. HEGYI: I asked about that last 21 February and still have not had any answer 22 about that. 23 CHAIR KASSEKERT: Okay. I will check on 24 that. 25 MR. HEGYI: I really want to thank you 60 ALICE GORDON 1 for giving me the opportunity -- 2 CHAIR KASSEKERT: Sure. 3 MR. HEGYI: -- for speaking with you 4 today. 5 CHAIR KASSEKERT: Thank you for coming. 6 MR. HEGYI: Thank you so much. 7 CHAIR KASSEKERT: Is there anyone else 8 from the public who wishes to be heard? 9 Alice, can you state your name for the 10 record. 11 MS. GORDON: Good morning. Alice 12 Gordon. 13 I didn't come here to speak today, but 14 pertaining to the musicians, I campaign for 15 casino gambling, and I did an awful lot, and I 16 haven't gained anything but break-ins and very 17 negativistic things. 18 When Resorts first opened, they had live 19 entertainment, and it was really beautiful to 20 see them passing by my house with their violins 21 and cellos and whatever. And then suddenly 22 they got rid of the live music. And it was 23 sad. 24 Now, this past weekend I went to an 25 affair, a casino affair, and they had live 61 ALICE GORDON 1 musicians, and the person -- the hostess of the 2 affair kept on downing the musicians. I had to 3 pay for 12, and there's only six here. I don't 4 think that negativism belongs in the casino. 5 Because they are artists. They do need a 6 living. And, you know, casino is not just for 7 owners that come here without a penny and say 8 they own something, and they don't. And they 9 become rich, and they're with limousines and 10 helicopters. But I think that we have to reach 11 to people that are trying to make an honest 12 living. 13 But this past weekend -- and I think you 14 say you're becoming deregulated. The language 15 that was used in that casino -- it was 16 horrible. F and S. Before the curtain even 17 opened. And I think this is within your 18 jurisdiction to see that we don't have vulgar, 19 horrible -- this was a person well-known on TV 20 and everything else, and I don't want to 21 mention the name. But I think it is within 22 your power to see that we don't degrade 23 ourselves. 24 We wonder by the Latins don't want to 25 learn English. If they're going to be faced 62 ALICE GORDON 1 with languages with F and S and everything 2 else, I don't blame them. I taught Latin 3 children. I'm a teacher retired from New York 4 City. 5 But I think the casinos should not allow 6 such horrible languages before the curtain was 7 opened and during the entire show. Some of the 8 jokes were acceptable. But during the entire 9 show was nothing but these profanities. I 10 think as casino authoritarians, you should 11 look into that. 12 CHAIR KASSEKERT: Thanks for your 13 comments. 14 MS. GORDON: Thank you very much. 15 CHAIR KASSEKERT: Anyone else from the 16 public that wishes to be heard? 17 Seeing no one, I'll declare the this 18 portion of the meeting closed and entertain a 19 motion to adjourn. 20 COMMISSIONER SOMMELING: Motion to 21 adjourn. 22 VICE CHAIR FEDORKO: Second. 23 CHAIR KASSEKERT: The motion has been 24 made and seconded. All in favor? 25 (Ayes.) 63 1 CHAIR KASSEKERT: Opposed? 2 (No response.) 3 CHAIR KASSEKERT: Motion carries. 4 (Public Meeting 07-07-18 was adjourned 5 at 11:24 a.m.) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 64 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: July 23, 2007 24 My Commission Expires on July 10, 2009 25 ID No 2062871