1 1 STATE OF NEW JERSEY 2 CASINO CONTROL COMMISSION 3 - - - - - - - - - - - - - - - - - - - 4 5 PUBLIC MEETING NO. 07-08-22 6 7 - - - - - - - - - - - - - - - - - - - 8 9 Wednesday, August 22, 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 10:36 a.m. to 10:51 a.m. 15 16 17 Certified Shorthand Reporter: Darlene Sillitoe 18 - - - - - - - - - - - - - - - - - - - - - - - - - - - 19 20 ATLANTIC CITY COURT REPORTING, LLC 21 CERTIFIED SHORTHAND REPORTERS 22 1125 ATLANTIC AVENUE, SUITE 416 23 ATLANTIC CITY, NEW JERSEY 08401 24 (609) 345-8448 www.accourtreporting.com 25 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 ROBERT BARNEY, SENIOR COUNSEL 10 TERESA M. NAGENGAST, SENIOR COUNSEL LON E. MAMOLEN, SENIOR COUNSEL 11 BERNADETTE T. FRIGEN, PROGRAM SUPERVISOR 12 DIVISION OF GAMING ENFORCEMENT: 13 ASSISTANT ATTORNEYS GENERAL ANTHONY ZARRILLO, ASSISTANT ATTORNEY GENERAL 14 DEPUTY ATTORNEYS GENERAL 15 TIMOTHY C. FICCHI, DEPUTY ATTORNEY GENERAL JAMES FOGARTY, DEPUTY ATTORNEY GENERAL 16 FREDERICK J. McDONOUGH, DEPUTY ATTORNEY GENERAL 17 18 19 20 21 22 23 24 25 3 1 A P P E A R A N C E S : 2 ITEM NO. 3 LYNN KAUFMAN, ESQ. FOR: MARINA DISTRICT DEVELOPMENT 3 COMPANY, LLC 4 ITEM NO. 6 TERESA M. NAGENGAST, SENIOR COUNSEL ANTHONY ZARRILLO, ASSISTANT 5 ATTORNEY GENERAL 6 ITEM NO. 7 TERESA M. NAGENGAST, SENIOR COUNSEL ANTHONY ZARRILLO, ASSISTANT 7 ATTORNEY GENERAL JUDITH BABINSKI, ESQ. 8 FOR: CINGULAR WIRELESS, LLC 9 ITEM NO. 8 LEONARD J. DiGIACOMO, ASSISTANT GENERAL COUNSEL 10 JAMES FOGARTY, DEPUTY ATTORNEY GENERAL JOHN MERCUN, ESQ. 11 FOR: TROPICANA CASINO AND RESORTS 12 ITEM NO. 9 LEONARD J. DiGIACOMO, ASSISTANT GENERAL COUNSEL 13 JAMES FOGARTY, DEPUTY ATTORNEY GENERAL NICHOLAS CASIELLO, ESQ. 14 FOR: MGM MIRAGE 15 16 17 18 19 20 21 22 23 24 25 4 1 AGENDA PUBLIC MEETING NO. 07-08-22 2 AUGUST 22, 2007, 10:36 a.m. ITEM PAGE VOTE 3 1 Ratification of the minutes of 8 8 August 1, 2007 4 2 Applications for employee and casino service industry licenses: 5 18 applications for initial and/or 9 9 renewal of casino key and casino employee licenses 6 Application of L & R Construction 9 10 Company, Inc.; and Stamack USA, Inc. 7 9 applications for initial and/or 10 10 Renewal of casino key and casino employee licenses 8 Plaza Venture, LLC 11 11 Application of Mark Giannantionio, 11 12 9 President and Chief Operating Officer for Adamar of New Jersey, Inc. 10 Qualification of: Steven W. Beason, Scientific Games 12 13 11 Racing, LLC Bryce R. Rubio, Progressive Gaming 12 13 12 International Corp Michael J. Regan, Scientific Games 12 13 13 Racing, LLC 3 Petition of Marina District Development 13 14 14 Company, LLC (d/b/a Borgata Hotel Casino & Spa) for the issuance of a temporary 15 casino key employee license to Nicolas Kurban pursuant to NJSA 5:12-89(e) and to permit him 16 pursuant to NJAC 19:43-2.6 to assume the duties and exercise the powers of Vice 17 President of Food and Beverage without first having been found qualified (PRN 2040714) 18 4 Stipulations of settlement and consent agreements: 19 a) June M. Calico (a/k/a/ June M. 15 17 Bruey, June M. Bartle (07-0133-EA) 15 17 20 b) Charles J. Force, Jr. (06-0016-EA) 15 17 c) Gaetano J. Matarazzo (07-0393-EA) 15 17 21 d) Dustin C. Anderson (06-0634-EA) 15 17 e) Christina K. Kang (a/k/a Kelli 15 17 22 Kang, Cristi Kang, Kang My, My Kang (05-0434-EA) 23 f) Rodney G. Pollard (07-0188-EA) 15 17 g) Clovis V. Ghee (06-035-ER) 24 h) Juan Lizama (a/k/a Juan Ramon Lizama) 15 17 (06-0563-RC) 25 5 1 CONTINUED AGENDA PUBLIC MEETING NO. 07-08-22 2 AUGUST 22, 2007, 10:36 a.m. ITEM PAGE VOTE 3 4 i) Norma L. Pezzotti (05-0129-ER) 15 17 j) Ronal Guevara Alvarado (a/k/a Ronal 15 17 4 R. Guevara) (06-0563-RC) k) Anthony Bekete (07-0120-RC) 15 17 5 m) Nicholas R. Hoag (07-0308-EA) 15 17 5 Application for suspension of Sheria T. 17 18 6 Norwood 6 Stipulation of settlement in remand for 18 20 7 hearing concerning the qualifications of David M. Wirtz pursuant to an Appellate 8 Division Decision (07-0226-MI) 7 Petition of Cingular Wireless, LLC, for 20 22 9 exemption from casino service industry Licensure (PRN 1200705) 10 8 Petition of Tropicana Casinos & Resorts, 22 24 Inc., (TCR) requesting permission for 11 John G. Jacob to perform the duties and exercise the powers of Chief Financial Officer 12 for TCR pending plenary qualification (PRN 2120701) 9 Petition of MGM MIRAGE for waiver of the 25 28 13 qualification requirement of two of its officers pursuant to NJSA 5:12-85d(1) and 14 NJAC 19:43-5.4 (PRN 2060702) 10 Proposed temporary of amendments and new 28 31 15 rules for "Winner's Pot Poker" Notice of rulemaking experiment concerning "Winner's 16 Pot Poker" pursuant to NJSA 5:12-69e 17 18 19 20 21 22 23 24 25 6 1 E X H I B I T S : 2 ITEM NO. 2 DESCRIPTION EVD 3 4 EL-1 Remand for hearings 18 license X applications 5 EL-2 Grant 9 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 7 1 (Public Meeting 07-08-22 was commenced 2 at 10:36 a.m.) 3 MR. NANCE: I'd like to read an opening 4 statement: 5 This is to advise the general public 6 that in compliance with Chapter 231 of the 7 Public Laws of 1975 entitled the "Open Public 8 Meetings Act," the New Jersey Casino Control 9 Commission on October 16th, 2006, filed with 10 the Secretary of State at the State House in 11 Trenton an annual meeting schedule. On October 12 16th, copies were mailed to the Press of 13 Atlantic City, the Newark Star Ledger. 14 Members of the press will be permitted 15 to take photographs, and we would ask that this 16 be done in a manner which is not disruptive or 17 distracting to the Commission. 18 The use of cellular telephones in the 19 public meeting room while the Commission is in 20 session is prohibited. 21 Any members of the public who wish to 22 address the Commission will be given the 23 opportunity to do so before the Commission 24 adjourns for the day. 25 Please stand for the Pledge of 8 ITEM NO. 1 1 Allegiance. 2 (The flag salute was recited.) 3 CHAIR KASSEKERT: Good morning. 4 MR. NANCE: Good morning. 5 The matters discussed in closed session 6 were: Employee enterprise license matters. 7 The Commissioners approved the August 8 1st, 2007, closed session minutes. 9 Litigate update regarding: Warren 10 Lackland and Lewis M. Springer, Jr., versus the 11 State of New Jersey, Casino Control Commission; 12 Tyrone J. Floyd versus the Casino 13 Control Commission and Sands Hotel Casino; 14 Husain versus the Casino Control 15 Commission, et al; 16 And in the matter of the petition of SD 17 for removal from the voluntary self-exclusion 18 list. 19 Item No. 1, ratification of the minutes 20 of August 1st, 2007, public meeting. 21 COMMISSIONER SOMMELING: Move to 22 approve. 23 VICE CHAIR FEDORKO: Second. 24 CHAIR KASSEKERT: The motion has been 25 made and seconded. All in favor? 9 ITEM NO. 2 1 (Ayes.) 2 CHAIR KASSEKERT: Opposed? 3 (No response.) 4 CHAIR KASSEKERT: The motion carries. 5 MR. NANCE: Item No. 2, application for 6 employee and casino service industry licenses. 7 This agenda item will be entered as Exhibit 8 List 1 and 2. 9 Exhibit List 1 consists of 18 10 applications for initial and/or renewal of 11 casino key and casino employee licenses. 12 The Division has objected to licensure. 13 COMMISSIONER FRULIO: Motion to remand 14 for hearings. 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: For consideration is the 23 casino service industry license initial and/or 24 renewal applications pursuant to NJSA 25 5:12-92(c) for L & R Construction Company, 10 ITEM NO. 2 1 Inc., and Stamack, USA, Inc. 2 The Division has objected to these 3 applications. 4 COMMISSIONER FRULIO: Motion to remand 5 for hearing. 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: The motion carries. 13 MR. NANCE: Exhibit List 2 consists of 14 nine applications for initial and/or renewal of 15 casino key and casino employee licenses. 16 The staff and the Division have 17 recommended these licenses be granted. 18 COMMISSIONER FRULIO: Motion to grant 19 applications. 20 VICE CHAIR FEDORKO: Second. 21 CHAIR KASSEKERT: The motion has been 22 made and seconded. All in favor? 23 (Ayes.) 24 CHAIR KASSEKERT: Opposed? 25 (No response.) 11 ITEM NO. 2 1 CHAIR KASSEKERT: The motion carries. 2 MR. NANCE: For consideration is the 3 casino service industry license application 4 pursuant to NJSA 5:12-92(c) for Plaza Venture, 5 LLC. 6 Staff and the Division has recommended 7 that this application be granted. 8 COMMISSIONER FRULIO: Motion to grant 9 application. 10 VICE CHAIR FEDORKO: 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 MR. NANCE: For consideration is the 18 renewal application of Mark Giannantionio for a 19 casino key employee license and for 20 qualification as President and Chief Operating 21 Officer for Adamar of New Jersey, Inc. 22 The staff and the Division have 23 recommended that this application be granted. 24 COMMISSIONER FRULIO: Motion to grant 25 key license and for qualification. 12 ITEM NO. 2 1 CHAIR KASSEKERT: Motion and is made and 2 seconded. This is a roll call vote. 3 MR. NANCE: Commissioner Sommeling? 4 COMMISSIONER SOMMELING: Yes. 5 MR. NANCE: Commissioner Epps? 6 COMMISSIONER EPPS: Yes. 7 MR. NANCE: Commissioner Frulio? 8 COMMISSIONER FRULIO: Yes. 9 MR. NANCE: Vice Chair Fedorko? 10 VICE CHAIR FEDORKO: Yes. 11 MR. NANCE: Chair Kassekert? 12 CHAIR KASSEKERT: Yes. 13 MR. NANCE: The record will reflect that 14 the motion is unanimous. 15 For consideration are the following for 16 qualification in connection with their 17 respective gaming related service industry 18 licenses pursuant to NJAC 19-51-1.14B(h) for: 19 Steven Beason, Scientific Games Racing, LLC; 20 Bryce R. Rubio, for Progressive Gaming 21 International, Corp.; and Michael Regan for 22 Scientific Games Racing, LLC. 23 Staff and the Division has recommended 24 qualification. 25 COMMISSIONER FRULIO: Motion to find 13 ITEM NO. 3 1 Messrs. Beason, Rubio, and Regan plenarily 2 qualified in connection with their respective 3 gaming related CSI licenses pursuant to NJAC 4 19:51-1.14B(h). 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: The motion carries. 12 MR. NANCE: Item No. 3, Petition No. 13 2040714 of Marina District Development Company, 14 LLC, is requesting the issuance of a temporary 15 casino key employee license to Nicolas Kurban 16 pursuant to NJSA 5:12-89(e) and to permit him 17 pursuant to NJAC 19:43-2.6 to assume the duties 18 and exercise the powers of the Vice President 19 of Food and Beverage without first having been 20 found qualified. 21 CHAIR KASSEKERT: Good morning, Miss 22 Kaufman. 23 MS. KAUFMAN: Good morning. And may I 24 personally say congratulations. 25 CHAIR KASSEKERT: Thank you. 14 ITEM NO. 3 1 MS. KAUFMAN: I have before you today a 2 petition for temporary qualification of 3 Nicholas Kurban the office of Vice President of 4 Food and Beverage. Last meeting I brought you 5 the new Vice President of hospitality. He, Mr. 6 Kurban, is equally qualified in his area. He 7 comes most recently from Wynn Resorts as the 8 director of fine dining and has spent many 9 years in very similar positions, starting in 10 Lebanon, and throughout the country. 11 So thank you. 12 CHAIR KASSEKERT: Thank you. 13 Any questions? 14 COMMISSIONER SOMMELING: No questions, 15 Madame Chair. 16 COMMISSIONER FRULIO: Motion to grant 17 the temporary key license and qualification. 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? 15 ITEM NO. 4 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 Item No. 4, stipulation of settlement 9 and consent agreement. 10 MR. KURBAN: Thank you. 11 MS. KAUFMAN: Thank you. 12 MR. NANCE: When I call your name, 13 please come forth, stand behind the center 14 table, spreading across the room so that you 15 may be seen: June Calico, Charles Force, Jr., 16 Gaetano Matarazzo, Dustin Anderson, Christina 17 Kang, Rodney Pollard, Clovis Ghee, Juan Lizama, 18 Norma Pezzotti, Ronal Alvarado, Anthony Bekete, 19 and Nicholas Hoag. 20 CHAIR KASSEKERT: Is everyone whose name 21 been called come forward at this time? Okay. 22 I'm going to ask that you each state 23 your names for the record, starting with you, 24 ma'am. 25 MS. KANG: Christina Kang. 16 ITEM NO. 4 1 MR. FORCE: Charles Force, Jr. 2 MS. CALICO: June Calico. 3 MR. GHEE: Clovis Ghee. 4 MR. BEKETE: Anthony Bekete. 5 MR. HOAG: Nicholas Hoag. 6 CHAIR KASSEKERT: Okay. In a moment we 7 are going to vote on the stipulations which 8 you've agreed to with the Division of Gaming 9 Enforcement. 10 I'm going to ask at this point if any of 11 you wish to be heard on your matter. You don't 12 have to say anything if you don't want to. 13 Does anyone wish to be heard? 14 (No response.) 15 CHAIR KASSEKERT: Okay. Mr. Biscieglia? 16 MR. BISCIEGLIA: Thank you. Good 17 morning, Chair, Commissioners. And 18 congratulation, Chair Kassekert. 19 CHAIR KASSEKERT: Thank you. 20 MR. BISCIEGLIA: The Division has 21 nothothing to add and ask that these 22 stipulations be adopted as submitted. 23 Thank you. 24 CHAIR KASSEKERT: Thank you. 25 Any questions? 17 ITEM NO. 5 1 COMMISSIONER SOMMELING: Move to approve 2 the stipulations, Madame Chair. 3 VICE CHAIR FEDORKO: 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 Thank you very much for coming. Good 12 luck. 13 FROM THE FLOOR: Thank you. 14 MR. NANCE: Item No. 5, application for 15 suspension of Sheria T. Norwood. 16 Miss Frigen? 17 MS. FRIGEN: Good morning, Madame Chair, 18 Commissioners. 19 Before we hear from the Division, let me 20 inquire whether Sheria Norwood is present or 21 represented here today? Apparently, she is not 22 here. 23 I'd ask the Division to go forward. 24 CHAIR KASSEKERT: Thank you. 25 Mr. Biscieglia? 18 ITEM NO. 65 1 MR. BISCIEGLIA: Thank you. 2 The Division would simply add to our 3 pleadings that this matter is currently pending 4 a grand jury with no date set. 5 Thank you. 6 CHAIR KASSEKERT: Thank you. 7 Any questions? 8 COMMISSIONER SOMMELING: No questions, 9 Madame Chair. 10 Move to grant the Division's application 11 to suspend Ms. Norwood's casino employee 12 license and casino service employee 13 registration. 14 COMMISSIONER EPPS: Second. 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. BISCIEGLIA: Thank you. 23 MR. NANCE: Item No. 6, stipulation of 24 settlement in remand for hearing concerning the 25 qualification of David M. Wirtz pursuant to an 19 ITEM NO. 65 1 Appellate Division decision. 2 Miss Nagengast? 3 MS. NAGENGAST: Good morning, Chair, 4 Commissioners. 5 This matter was the subject of extensive 6 litigation. There is currently before you a 7 stipulation which, if approved, will result in 8 Mr. Wirtz being granted his casino employee 9 license and having his registration reinstated. 10 I did speak with Mr. Wirtz's counsel. 11 Mr. Wirtz will not be here today. 12 Mr. Zarrillo is here on behalf of the 13 Division. 14 CHAIR KASSEKERT: Mr. Zarrillo? 15 MR. ZARRILLO: Chair, congratulations. 16 And member of the Commission. Good morning. 17 Yes. 18 As Miss Nagengast has indicated, we've 19 gone through an extensive process with this. I 20 have no problem with Mr. Wirtz and his counsel 21 not being here and just ask that you approve 22 settlement. 23 CHAIR KASSEKERT: Thank you. 24 Any questions? 25 COMMISSIONER SOMMELING: No questions, 20 ITEM NO. 7 1 Madame Chair. 2 COMMISSIONER EPPS: Madame Chair, I move 3 that we approve the stipulation of settlement 4 and: A, vacate the Order dated September 18, 5 2002, and; B, grant Mr. Wirtz's initial casino 6 employee license application and reinstate his 7 casino service employment registration subject 8 to the conditions set forth in the stipulation. 9 COMMISSIONER SOMMELING: 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. Thank 16 you. 17 MR. ZARRILLO: Thank you, Chair. 18 MR. NANCE: Item No. 7, application of 19 Cingular Wireless, LLC, for exemption from the 20 casino service industry licensure. 21 Miss Nagengast? 22 MS. NAGENGAST: Chair, Commissioners, 23 for your consideration is this petition. Miss 24 Babinski is here on behalf of Petitioner and 25 Mr. McDonough on behalf of the Division. 21 ITEM NO. 7 1 CHAIR KASSEKERT: Thank you. 2 Miss Babinski? 3 MS. BABINSKI: Good morning. 4 The papers are fairly clear Cingular is 5 requesting an exemption from license and we 6 appreciate your consideration in this matter. 7 CHAIR KASSEKERT: Thank you. 8 Mr. McDonough? 9 MR. McDONOUGH: Yes. Good morning, 10 Chair Kassekert, Commissioners. 11 Congratulations. 12 CHAIR KASSEKERT: Thank you. 13 MR. McDONOUGH: You have my response 14 dated June 12th, 2007, in which we recommend 15 this petition be granted. 16 Just anecdotally, the Petitioner here is 17 a wireless telecommunications provider. And as 18 I was proposing my response, I noted that the 19 Commission had previously provided exemptions, 20 and I almost wrote to "other wireless 21 telecommunications providers." Then I looked 22 back to the date on some of the exemptions that 23 date back to the late 1970s, and I realized 24 there was a time when we didn't have wireless. 25 It's hard to recall that era right now, 22 ITEM NO. 8 1 but we recommend that this petition be granted. 2 Thank you. 3 CHAIR KASSEKERT: Very good. Thank you. 4 Any questions? 5 COMMISSIONER SOMMELING: No questions, 6 Madame Chair. 7 COMMISSIONER FRULIO: Move to grant the 8 petition of Cingular Wireless, PCS, LLC, for an 9 exemption from casino service industry 10 licensure as permitted by NJSA 5:12-92(c) and 11 NJAC 19:51-1.13. 12 VICE CHAIR FEDORKO: Second. 13 CHAIR KASSEKERT: The motion has been 14 made and seconded. All in favor? 15 (Ayes.) 16 CHAIR KASSEKERT: Opposed? 17 (No response.) 18 CHAIR KASSEKERT: Motion carries. 19 MR. McDONOUGH: Thank you. 20 MS. BABINSKI: Thank you very much. 21 MR. NANCE: Item No. 8, petition of 22 Tropicana Casino and Resorts, Inc., requesting 23 permission for John G. Jacob to perform the 24 duties and exercise the powers of Chief 25 financial officer for TCR, pending plenary 23 ITEM NO. 8 1 qualification. 2 Mr. DiGiacomo? 3 MR. DiGIACOMO: Chair, Commissioners. 4 Good morning. 5 Mr. John Mercun on behalf of the 6 Petitioners. Mr. James Fogarty for the 7 Division of Gaming Enforcement. 8 I shared with counsel for the parties a 9 draft of the resolution, and I believe that 10 they are prepared to consent to its form and 11 entry. 12 CHAIR KASSEKERT: Thank you. 13 Good morning, Mr. Mercun. 14 MR. MERCUN: Good morning. And I join 15 everybody else in saying congratulations. 16 CHAIR KASSEKERT: Thank you. 17 MR. MERCUN: I'm quite sure you'll hear 18 that often. 19 Yes. We do consent to the form of the 20 resolution. 21 CHAIR KASSEKERT: Thank you. 22 Mr. Fogarty? 23 MR. FOGARTY: Congratulations. 24 I'm pinch-hitting for DAG Turi. I 25 believe she sent you a letter dated August 3 24 ITEM NO. 8 1 not objecting to the relief sought, and she has 2 reviewed the draft resolution, has no objection 3 to its entry. 4 CHAIR KASSEKERT: Thank you. 5 Any questions? 6 COMMISSIONER SOMMELING: No questions, 7 Madame Chair. 8 VICE CHAIR FEDORKO: Motion to adopt the 9 draft resolution and authorize John G. Jacob on 10 a temporary basis prior to his plenary 11 qualification to assume the duties and exercise 12 the powers of the qualifying position indicated 13 in the draft resolution, subject to the 14 conditions contained in NJAC 19:43-2.7 which, 15 among other things, require that he file a 16 personal history disclosure form MJ and NJ 17 supplement by September the 6th, 2007. 18 COMMISSIONER FRULIO: 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? 25 ITEM NO. 9 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 MR. MERCUN: Thank you very much. 9 CHAIR KASSEKERT: Thank you. 10 MR. MERCUN: Have a wonderful day. 11 MR. NANCE: Item No. 9, petition of MGM 12 MIRAGE for waiver of the qualifiation 13 requirement of two of its officers pursuant to 14 NJSA 5:12-85d(1) and NJAC 19:43-5.4. 15 Mr. DiGiacomo? 16 MR. DiGIACOMO: Chair, Commissioners. 17 Mr. Nicholas Casiello, Jr., on behalf of the 18 Petitioners. And Mr. James Fogarty again for 19 the Division. 20 CHAIR KASSEKERT: Mr. Casiello? 21 MR. DiGIACOMO: As in the prior matter, 22 I shared in this particular case the pertinent 23 draft resolution with counsel for the parties, 24 and I believe that they are prepared to consent 25 to its form and entry. 26 ITEM NO. 9 1 CHAIR KASSEKERT: Thank you. 2 Mr. Casiello? 3 MR. CASIELLO: Congratulations on your 4 second term. I hope during this term you can 5 try to keep your fellow Commissioners under 6 better control. 7 (Laughter.) 8 CHAIR KASSEKERT: I told you all bets 9 were off, so. 10 MR. CASIELLO: I've seen the resolution. 11 It's fine. 12 I do want to make one comment, though. 13 The petition indicates that Wendy Nutt, the 14 Vice President of Labor Relations reports to 15 Cynthia Chrysler Murphy, the Senior Vice 16 President of Human Resources. That remains 17 true. However, yesterday there were some 18 officer changes at MGM MIRAGE. As a result, 19 Ms. Murphy now reports to Aldo Mancini, who has 20 been qualified as the new Chief Administrative 21 Officer rather than Jim Murray, who is now the 22 COO as well as president of the company. 23 So I should -- I want the record to 24 reflect that change. I've already advised 25 Deputy Attorney Fogarty, and he can state his 27 ITEM NO. 9 1 position. 2 CHAIR KASSEKERT: Thank you. 3 Mr. Fogarty? 4 MR. FOGARTY: Yes. I drafted a letter 5 dated August 8 setting forth the Acting 6 Director's concurrence with the waiver request 7 for the reasons given in that letter. 8 And I've also seen the draft resolution 9 prepared by Mr. DiGiacomo, and I think the 10 personnel changes that Mr. Casiello just 11 referred to complete the record. I don't 12 believe it meaningfully changes anything. 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 adopt the draft resolution and waive 19 the qualification requirement pursuant to NJSA 20 5:12-85d(1) as to Wendy L. Nutt in her capacity 21 as Vice President of Labor Relations and Jeremy 22 Bach in his capacity as Vice President of 23 Finance, Corporate Operations for MGM MIRAGE. 24 COMMISSIONER SOMMELING: Second. 25 CHAIR KASSEKERT: Motion is made and 28 ITEM NO. 10 1 seconded. This is 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 MR. CASIELLO: Thank you. 15 MR. DiGIACOMO: Thank you, 16 Commissioners. 17 MR. FOGARTY: Thank you. 18 MR. NANCE: Item No. 10, proposed 19 temporary adoption of amendments and new rules 20 for "Winner's Pot Poker" and notice of 21 rulemaking experiment concerning "Winner's Pot 22 Poker pursuant to NJSA 5:12-69e. 23 Mr. Mamolen? 24 MR. MAMOLEN: Good morning, Madame 25 Chair, Commissioners. 29 ITEM NO. 10 1 This matter is that before you for both 2 temporary adoption of the amendments and 3 authorization for a test for Winner's Pot 4 Poker. This is a five-card stud variation. I 5 believe a number of Commissioners did see a 6 demonstration of this new game, and it borrows 7 the feature from regular poker when players can 8 essentially win pot contributions from other 9 players. 10 There is a side rage wager involved 11 based on certain high-value poker hands. The 12 only change to the proposed amendments for 13 temporary adoption before you is that there is 14 a modification of the ten percent commission 15 rule that is testimony -- ten percent amount 16 that's charged on the Winner's Pot that goes, 17 in essence, to the house advantage. It was 18 fixed as originally proposed at ten percent. 19 Marie Jones on behalf of the petitioner, 20 inventor of the game, as well as the other 21 casino licensees have agreed to modify that to 22 a commission at not greater than ten percent. 23 So it allows some latitude on the house 24 advantage. 25 Miss Jones is here as well as Tim Ficchi 30 ITEM NO. 10 1 for the Division. 2 CHAIR KASSEKERT: Thank you. 3 Miss Jones? 4 MS. JONES: Good morning. Chair, 5 Commissioners, and let me by the last to say 6 congratulations during the meeting. 7 CHAIR KASSEKERT: Thank you. 8 MS. JONES: And please do not control 9 your fellow Commissioners. I like some of the 10 comments by Commissioner Fedorko. 11 Other than that, I'd be happy to address 12 any questions you have, and I'd like to thank 13 the Commission and the Division for getting 14 this on the agenda so quickly. 15 CHAIR KASSEKERT: Thank you. 16 Let me ask, Commissioner Frulio? Any 17 questions? 18 MS. FRULIO: No. 19 CHAIR KASSEKERT: He did practice the 20 game, but I think the general counsel beat us 21 all out when we were playing it, so. 22 Mr. Ficchi? 23 MR. FICCHI: Thank you, Chair. I think 24 I'm the last person to congratulate you. 25 (Laughter.) 31 ITEM NO. 10 1 MS. JONES: I'm sorry. 2 MR. FICCHI: Just clarify the record. 3 The Division has the numbers for the 4 house advantage. We're currently writing up a 5 report on that, and we have the revisions that 6 are coming in as we speak almost. So we will 7 incorporate those revisions to our final 8 report, which we'll give to the Commission 9 shortly. 10 Thank you. 11 CHAIR KASSEKERT: Thank you. 12 Any questions? 13 COMMISSIONER SOMMELING: No questions, 14 Madame Chair. 15 COMMISSIONER EPPS: Chair, 16 congratulations. 17 (Laughter.) 18 COMMISSIONER FRULIO: You're the last 19 one. 20 COMMISSIONER EPPS: I move that we, A, 21 preliminarily approve Winner's Pot Poker as a 22 new game compatible with the public interest 23 pursuant to sections 5 of the Act; 24 B, authorize the publication of the 25 Notice of Temporary Adoption which will permit 32 1 a test of Winner's Pot Poker to begin on or 2 after September 24, 2007, subject to the 3 conditions listed and continue for a period of 4 time not to exceed 270 days; 5 C, temporarily adopt the amendments 6 contained in the Notice of Proposal for the 7 purpose of conducting the test; 8 D, delegate to the Director of the 9 Division of Compliance the authority to 10 establish the terms and conditions of a test of 11 Winner's Pot Poker; 12 And, E, condition any test of Winner's 13 Pot Poker upon filing with and approval by the 14 Division of Compliance of all necessary test 15 submissions for a section 69e test of the game. 16 COMMISSIONER SOMMELING: Second. 17 CHAIR KASSEKERT: The motion has been 18 made and seconded. All in favor? 19 (Ayes.) 20 CHAIR KASSEKERT: Opposed? 21 (No response.) 22 CHAIR KASSEKERT: Motion carries. 23 MS. JONES: Thank you. 24 MR. FICCHI: Thank you. 25 MR. NANCE: In accordance with 33 1 Resolution No. 06-12-13-20, the next closed 2 session of the Commission shall be held on 3 Wednesday September 5, 2007, at 9:15 a.m. in 4 the Commission offices. 5 It is now time for the public 6 participate portion of the meeting. 7 CHAIR KASSEKERT: Is there anyone from 8 the public that wishes to be heard? 9 (No response.) 10 CHAIR KASSEKERT: Seeing no one, I'll 11 declare this portion of the meeting closed and 12 entertain a motion to adjourn. 13 COMMISSIONER SOMMELING: Motion to 14 adjourn. 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 We'll adjourn, and we will be back in 23 about ten minutes to do the swearing in. 24 (Public Meeting 07-08-22 was concluded 25 at 10:52 a.m.) 34 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: August 26, 2007 24 My Commission Expires on July 10, 2009 25 ID No 2062871