0001 1 STATE OF NEW JERSEY 2 CASINO CONTROL COMMISSION 3 - - - - - - - - - - - - - - - - - - - 4 5 PUBLIC MEETING NO. 08-09-03 6 7 - - - - - - - - - - - - - - - - - - - 8 9 Wednesday, September 3, 2008 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 10:40 a.m. 15 16 17 Certified Court Reporter: Darlene Sillitoe 18 - - - - - - - - - - - - - - - - - - - - - - - - - - - 19 20 ATLANTIC CITY COURT REPORTING, LLC 21 CERTIFIED COURT REPORTERS AND VIDEOGRAPHERS 22 1125 ATLANTIC AVENUE, SUITE 416 23 ATLANTIC CITY, NEW JERSEY 08401 24 (609) 345-8448 www.accourtreporting.com 25 0002 1 2 CASINO CONTROL COMMISSION: LINDA M. KASSEKERT, CHAIR 3 WILLIAM T. SOMMELING, VICE CHAIR MICHAEL A. FEDORKO, COMMISSIONER 4 MICHAEL C. EPPS, 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 CLAIRE FRANK, PROGRAM MANAGER 10 DIVISION OF GAMING ENFORCEMENT: DEPUTY ATTORNEYS GENERAL 11 BRIAN BISCIEGLIA, DEPUTY ATTORNEY GENERAL JAMES FOGARTY, DEPUTY ATTORNEY GENERAL 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0003 1 A P P E A R A N C E S : 2 ITEM NO. 3 DIANNA W. FAUNTLEROY, GENERAL COUNSEL 3 KAREN M. WOSNACK, ESQ. FOR: RIH ACQUISITIONS, NJ, LLC 4 ITEM NO. 5 CLAIRE FRANK, PROGRAM MANAGER 5 JAMES FOGARTY, DEPUTY ATTORNEY GENERAL FOX ROTHSCHILD 6 NICHOLAS CASIELLO, JR., ESQ. FOR: MAC CORPORATION 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0004 1 AGENDA PUBLIC MEETING NO. 08-09-03 2 September 3, 2008, 10:35 a.m. ITEM PAGE VOTE 3 1 Ratification of the minutes of the August 7 7 21, 2008, public meeting. 4 2 Applications for employee and casino 8 8 service industry licenses: 5 Casino key employee license renewal 8 8 application for John P. Burke and for 6 qualification as Executive Vice President and Corporate Treasurer for Trump Entertainment 7 Resorts Holdings, LP, and Trump Entertainment Resorts, Inc. 8 3 Petition of RIH Acquisitions NJ, LLC, 10 10 (d/b/a Atlantic City Hilton) for the 9 issuance of a temporary casino key employee license to Michael Frawley pursuant to NJSA 10 5:12-89(e) and to permit him pursuant to NJAC 19:43-2.6 to assume the duties and 11 exercise the powers of Chief Operating Officer (Regional) without first having been 12 found qualified (PRN 2350802) 4 Stipulations of settlement and consent 13 agreements: a) Nilesh R. Patel (a/k/a Nileshkumar 11 13 14 Patel) (08-0181-ER) b) Allen D. Diaz-Feliz (a/k/a Alan Diaz, 11 13 15 Allen Divinson Dias) (08-0334-EA) c) Sara M. Warpness (08-0112-EA) 11 13 16 d) Lissette Cintron (a/k/a Lissette 11 13 Marrero) (08-0251-RC) 17 5 Consideration of the qualification of 13 14 Kenneth A. Rosevear to serve as Chief 18 Executive Officer of MAC CORP., in connection with the casino license of Marina District 19 Development Company, LLC 20 21 22 23 24 25 0005 1 E X H I B I T S : 2 NO. DESCRIPTION EVD 3 4 P-1 Remand for hearings 18 license X 5 P-2 Grant 7 licenses X 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (Exhibits retained by Commission.) 23 24 25 0006 1 (Public Meeting 08-09-03 was commenced 2 at 10:35 a.m.) 3 MR. NANCE: Good morning. I'd like to 4 read an opening statement: 5 This is to advise the general public 6 that in compliance with Chapter 231 of the 7 public laws of 1975 entitled the "Open Public 8 Meetings Act," the New Jersey Casino Control 9 Commission on June 23, 2008, filed with the 10 Secretary of State at the State House in 11 Trenton, New Jersey, a notice of this hearing. 12 On June 23rd, 2008, copies were mailed to 13 subscribers. 14 Members of the press will be permitted 15 to take photographs, and we ask that this be 16 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 Would everyone please stand for the 22 Pledge of Allegiance. 23 (The flag salute was recited.) 24 25 0007 1 CHAIR KASSEKERT: Good morning. 2 MR. NANCE: Good morning. 3 The matters discussed in closed session 4 were: Employee and enterprise licensing 5 matters. 6 The Commissioners approved the August 7 21st, 2008, closed session minutes. 8 Litigation update regarding: Warren 9 Lackland and Lewis M. Springer, Jr., versus the 10 State of New Jersey and Casino Control 11 Commission; 12 Petition of Tropicana, et al., for 13 renewal of casino license; 14 Petition of Highgate Steel for release 15 of money. 16 Item No. 1, ratification of the minutes 17 of August 21, 2008, public meeting. 18 VICE CHAIR SOMMELING: Move to approve. 19 COMMISSIONER FEDORKO: 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: Motion carries. 0008 1 MR. NANCE: Item No. 2, application for 2 employee and casino service industry licenses. 3 This agenda item will be entered as 4 Exhibit List 1 and 2. Exhibit List 1 consists 5 of 18 applications for initial and/or renewal 6 of casino employee license. 7 The division has objected to licensure. 8 COMMISSIONER FEDORKO: Motion to remand 9 for hearings. 10 COMMISSIONER EPPS: Second. 11 VICE CHAIR SOMMELING: 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 areas. 18 MR. NANCE: Exhibit List 2 consists of 19 seven applications for initial and/or renewal 20 of casino key or casino employee licenses. 21 Staff and the Division have recommended 22 that these licenses be granted. 23 COMMISSIONER FEDORKO: Motion to grant 24 applications. 25 COMMISSIONER EPPS: Second. 0009 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: For consideration is the 8 casino key employee license for application for 9 John T. Burke and for qualification as 10 Executive Vice President and Corporate 11 Treasurer for Trump Entertainment Resorts 12 Holdings, Limited Partners, and Trump 13 Entertainment Resorts, Inc. 14 Staff and the Division has recommended 15 that this application be granted. 16 COMMISSIONER EPPS: Motion to grant 17 initial or key license and for qualification. 18 COMMISSIONER FEDORKO: Second. 19 VICE CHAIR SOMMELING: Second. 20 CHAIR KASSEKERT: Motion is made and 21 seconded. This is a roll call. 22 MR. NANCE: Commissioner Fedorko? 23 COMMISSIONER FEDORKO: Yes. 24 MR. NANCE: Commissioner Epps? 25 COMMISSIONER EPPS: Yes. 0010 1 MR. NANCE: Vice Chair Sommeling? 2 VICE CHAIR SOMMELING: Yes. 3 MR. NANCE: Chair Kassekert? 4 CHAIR KASSEKERT: Yes. 5 MR. NANCE: The record will reflect that 6 the motion is unanimous. 7 Item No. 3, Petition No. 2350801, RIH 8 Acquisitions NJ, LLC, is requesting the 9 issuance of a temporary key casino employee 10 license to Michael Frawley pursuant to NJSA 11 5:12-89(e) and to permit him pursuant to NJAC 12 19:43-2.6 to assume the duties and exercise the 13 powers of Chief Operating Officer, Regional, 14 for Atlantic City Hilton without first having 15 been found qualification. 16 CHAIR KASSEKERT: Good morning, Ms. 17 Wosnack. 18 MS. WOSNACK: Good morning. 19 Unfortunately, Mr. Frawley is trying to 20 fly through Hurricane Gustav this morning, so 21 he is not here with us, but I would just ask 22 you to grant the relief we're requesting. 23 CHAIR KASSEKERT: Any questions? 24 COMMISSIONER SOMMELING: No questions, 25 Madame Chair. 0011 1 COMMISSIONER FEDORKO: Motion to 2 grant -- go ahead. 3 COMMISSIONER EPPS: Move we approve the 4 petition and issue a casino key employee 5 license to Michael Frawley and permit him to 6 assume the duties and exercise the powers of 7 Chief Operating Officer, Regional, without 8 having been qualified. 9 VICE CHAIR SOMMELING: Second. 10 CHAIR KASSEKERT: The motion has been 11 made and seconded. This is a roll call vote. 12 MR. NANCE: Commissioner Fedorko? 13 COMMISSIONER FEDORKO: Yes. 14 MR. NANCE: Commissioner Epps? 15 COMMISSIONER EPPS: Yes. 16 MR. NANCE: Vice Chair Sommeling? 17 VICE CHAIR SOMMELING: Yes. 18 MR. NANCE: Chair Kassekert? 19 CHAIR KASSEKERT: Yes. 20 MR. NANCE: The record will reflect that 21 the motion is unanimous. 22 MS. WOSNACK: Thank you. 23 MR. NANCE: Item No. 4, stipulation of 24 settlement and consent agreements. When I call 25 your name, please come forward, standing behind 0012 1 the center table, spreading across the room so 2 that you may be seen: Nilesh Patel, Allen 3 Feliz, Sara Warpness, and Lissette Cintron. 4 CHAIR KASSEKERT: Has everyone whose 5 name has been called come forward at this time? 6 Very good. Thank you. 7 Any questions for Mr. Biscieglia? Okay. 8 We're going to vote in a moment on the 9 stipulation that you've agreed to with the 10 Division of Gaming Enforcement. 11 I'm going to ask at this point if you 12 wish to be heard on your matter. You don't 13 have to say anything if you don't want to. 14 UNIDENTIFIED WOMAN: No. Okay. 15 CHAIR KASSEKERT: Mr. Biscieglia? 16 MR. BISCIEGLIA: Good morning, Chair, 17 Commissioners. 18 The Division has nothing further and 19 asks the stipulations be approved as submitted. 20 Thank you. 21 CHAIR KASSEKERT: Thank you. 22 Any questions? 23 VICE CHAIR SOMMELING: Madame Chair, 24 move to approve the stipulations. 25 COMMISSIONER FEDORKO: Second. 0013 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 Thank you for coming. Good luck. 8 UNIDENTIFIED WOMAN: Thank you. 9 MR. BISCIEGLIA: Thank you. 10 MR. NANCE: Item No. 5, consideration of 11 the qualification of Kenneth A. Rosevear to 12 serve as Chief Executive Officer of MAC CORP., 13 in connection with the casino license of Marina 14 District Development Company, LLC. 15 Miss Frank? 16 MS. FRANK: Good morning, Chair, and 17 Commissioners. 18 Kenneth Rosevear received temporary 19 qualification from the Commission in January of 20 this year. 21 A draft resolution on his plenary 22 qualification has been circulated to the 23 parties. 24 Mr. Casiello is here on behalf of MAC 25 Corp. and Mr. Fogarty for the Division. 0014 1 CHAIR KASSEKERT: Good morning, Mr. 2 Casiello. 3 MR. CASIELLO: Good morning, Madame 4 Chair, Commissioners. 5 And I have reviewed the draft form of 6 resolution, and it is acceptable to us. 7 Thank you. 8 CHAIR KASSEKERT: Thank you. 9 Mr. Fogarty? 10 MR. FOGARTY: Good morning, Chair, 11 Commissioners. 12 We filed our letter recommending that 13 you qualify Mr. Rosevear on August 18th of this 14 year, 2008. I've seen Miss Frank's draft 15 resolution, have no objection to its entry. 16 CHAIR KASSEKERT: Thank you. 17 Any questions? 18 VICE CHAIR SOMMELING: Madame Chair, 19 move to adopt the draft resolution and find 20 Kenneth A. Rosevear qualified to serve as Chief 21 Executive Officer of MAC Corporation. 22 COMMISSIONER EPPS: Second. 23 CHAIR KASSEKERT: Motion is made and 24 seconded. This is a roll call vote. 25 MR. NANCE: Commissioner Fedorko? 0015 1 COMMISSIONER FEDORKO: Yes. 2 MR. NANCE: Commissioner Epps? 3 COMMISSIONER EPPS: Yes. 4 MR. NANCE: Vice Chair Sommeling? 5 VICE CHAIR SOMMELING: Yes. 6 MR. NANCE: Chair Kassekert? 7 CHAIR KASSEKERT: Yes. 8 MR. NANCE: The record will reflect that 9 the motion is unanimous. 10 CHAIR KASSEKERT: Thank you. 11 MS. FRANK: Thank you. 12 MR. CASIELLO: Thank you. 13 MR. NANCE: In accordance with 14 Resolution No. 07-12-12-26, the next closed 15 session of the Commission shall be held on 16 Wednesday, September 17th, 2008, at 9:15 a.m. 17 in the Commission offices. 18 It is now time for the public 19 participation portion of the meeting. 20 CHAIR KASSEKERT: Is there anyone from 21 the public who wishes to be heard? 22 (No response.) 23 CHAIR KASSEKERT: Seeing -- seeing no 24 one, I'll declare this portion of the meeting 25 closed and entertain a motion to adjourn. 0016 1 VICE CHAIR SOMMELING: Motion to 2 adjourn. 3 COMMISSIONER FEDORKO: Second. 4 CHAIR KASSEKERT: The motion has been 5 made and seconded. All in favor? 6 (Ayes.) 7 CHAIR KASSEKERT: Opposed? 8 (No response.) 9 CHAIR KASSEKERT: Motion carries. 10 (Public Meeting 08-09-03 was adjourned 11 at 10:40 a.m.) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0017 1 2 C E R T I F I C A T E 3 4 5 I, DARLENE SILLITOE, a Certified Court 6 Reporter and Notary Public of the State of New 7 Jersey, certify that the foregoing is a true 8 and accurate transcript of the proceedings. 9 10 11 I further certify that I am neither 12 attorney, of counsel for, nor related to or 13 employed by any of the parties to the action; 14 further that I am not a relative or employee of 15 any attorney or counsel employed in this case; 16 nor am I financially interested in the action. 17 18 19 DARLENE SILLITOE CCR 20 License No XI01023 21 22 Dated: September 6, 2008 23 My Commission Expires on July 10, 2009 24 ID No 2062871 25