1 1 STATE OF NEW JERSEY 2 CASINO CONTROL COMMISSION 3 - - - - - - - - - - - - - - - - - - - 4 5 PUBLIC MEETING NO. 08-11-12 6 7 - - - - - - - - - - - - - - - - - - - 8 9 Wednesday, November 12, 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 11:15 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 2 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 DENIS CORBETT, SENIOR COUNSEL E. DENNIS KELL, ASSISTANT GENERAL COUNSEL 10 SETH H. BRILLIANT, SENIOR COUNSEL LON E. MAMOLEN, SENIOR COUNSEL 11 TRACY E. RICHARDSON, SENIOR COUNSEL CLAIRE FRANK, PROGRAM MANAGER 12 BERNADETTE T. FRIGEN, PROGRAM SUPERVISOR 13 DIVISION OF GAMING ENFORCEMENT: DEPUTY ATTORNEYS GENERAL 14 ANTHONY ZARRILLO, ASSISTANT ATTORNEY GENERAL BRIAN BISCIEGLIA, DEPUTY ATTORNEY GENERAL 15 TIMOTHY C. FICCHI, DEPUTY ATTORNEY GENERAL DOROTHY TURI, DEPUTY ATTORNEY GENERAL 16 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 DOROTHY TURI, DEPUTY ATTORNEY GENERAL TIMOTHY J. LOWRY, JR., ESQ. 3 FOR: SHOWBOAT ATLANTIC CITY 4 ITEM NO. 7 DENIS CORBETT, SENIOR COUNSEL ANTHONY ZARRILLO, ASSISTANT 5 ATTORNEY GENERAL MICHAEL & CARROLL 6 GUY S. MICHAEL, ESQ. FOR: PAR-4, INC., AND 7 ANTHONY R. TOMASELLO, JR. 8 ITEM NO. 8 DENIS CORBETT, SENIOR COUNSEL TIMOTHY C. FICCHI, DEPUTY ATTORNEY GENERAL 9 WILLIAM DOWNEY, III TIMOTHY J. LOWRY, JR., ESQ. 10 FOR: HARRAH'S ENTITIES 11 ITEM NO. 9 CLAIRE FRANK, PROGRAM SUPERVISOR DOROTHY TURI, DEPUTY ATTORNEY GENERAL 12 TIMOTHY J. LOWRY, JR., ESQ. FOR: HARRAH'S ENTITIES 13 ITEM NO. 14 TRACY E. RICHARDSON, SENIOR COUNSEL 14 DOROTHY TURI, DEPUTY ATTORNEY GENERAL TIMOTHY J. LOWRY, JR., ESQ. 15 FOR: HARRAH'S ENTITIES 16 17 18 19 20 21 22 23 24 25 4 1 AGENDA PUBLIC MEETING NO. 08-11-12 2 NOVEMBER 12, 2008, 10:35 a.m. ITEM PAGE VOTE 3 1 Ratification of the minutes of the 8 8 October 29, 2008, public meeting 4 2 Applications for employee and casino Service industry licenses: 5 4 Applications for initial and/or renewal 8 9 of casino key and casino employee licenses 6 Applications for casino service industry Initial and/or renewal pursuant to NJSA 7 5:12-92(c) for: Luxx, Inc. (Initial) 9 10 8 Jonathan Foods, Inc. (Renewal) 9 10 6 Applications for initial and/or renewal 10 10 9 of casino key and casino employee licenses Renewal of a casino key employee license 10 11 10 and for qualification as Vice President of Purchasing for Trump Taj Mahal Associates, 11 Victoria L. O'Donovan 3 Petition of Showboat Atlantic City 11 14 12 Operating Company, LLC, for the issuance of a temporary casino key employee license 13 to Alexis Turin pursuant to NJSA 5:12-89(e) and to permit him pursuant to NJAC 19:43-2.6 14 to assume the duties and exercise the powers of Vice President of Marketing without first 15 having been found qualified (PRN 3010805) 4 Stipulations of settlement and 16 consent agreements: a) Donald M. Coleman (08-0409-EA) 14 16 17 b) Michelle S. Anderson (08-0544-ER) 14 16 c) George S. Duberson (08-2093-EA) 14 16 18 d) Tammie L. Evans (08-0817-EA) 14 16 e) Robert C. Sandman (07-0312-EA) 14 16 19 f) Marian R. Imburgia (08-0236-ER) 14 16 g) Anthony L. Palmer (08-0429-ER) 14 16 20 h) Ramona A. Smith (07-0524-ER) 14 16 i) Elizabeth T. Weikel (08-0045-ER ) 14 16 21 j) Charles F. Frey (07-0609-RC) 14 16 5 Petition of Sean A. Gwyn for early 16 24 22 reapplication Sworn 17 6 Applications for suspension: 23 a) Robert A. Arrighetta (08-0922-RC) 25 28 b) Kevin M. Barrett (08-031-RC) 25 28 24 c) Koksun Bell (08-0930-RC) 25 d) Angel A. Echevarria (08-029-RC) 25 28 25 e) Javier Echevarria (08-0928-RC) 25 31 Sworn 30 5 1 CONTINUED AGENDA PUBLIC MEETING NO. 08-11-12 2 NOVEMBER 12, 2008, 10:35 a.m. ITEM PAGE VOTE 3 f) Anthony F. Ford (08-0926-RC) 25 28 g) Chandrakant J. Patel (08-0923-RC) 25 28 4 h) Tashaad A. Rhodes (08-0924-RC) 25 28 i) Shannon J. Washington (08-0921-RC) 25 28 5 j) Ronald Trenard, Jr. (08-0926-RC) 25 34 Sworn 33 6 k) Khonsavan Vongnara (08-0927-RC) 25 40 Sworn 36 7 7 Stipulation of settlement in application 40 42 of PAR-4, Inc., and qualification of Anthony 8 R. Tomasello, Jr. (07-0049-SR) 8 Stipulation of settlement in State v. 42 44 9 Bally's Park Place, Inc., (d/b/a Bally's Atlantic City)(07-0019-VC) 10 9 Petition of Harrah's Entertainment, Inc., 44 47 Harrah's Operating Company, Inc., Harrah's 11 Atlantic City Operating Company, LLC, Showboat Atlantic City Operating Company, 12 LLC, Bally's Park Place, Inc., and Boardwalk Regency Corp. To permit Kurt Level to assume and 13 perform the duties and exercise the powers of Vice President and Associate General Counsel 14 prior to qualification (PRN 3020804) 10 Proposed readoption of NJAC 19:48 48 49 15 (Exclusion of persons) 11 Proposed publication and temporary 49 50 16 adoption of amendments to NJAC 19:45-1.42 and NJAC 19:46-1.26B(slot machine bill 17 changers with alterable storage media) 12 Proposed temporary adoption of amendments 50 52 18 for insurance wager in pai gow poker; authorization of rulemaking experiment 19 for insurance wager in pai gow poker pursuant to NJSA 5:12-69E 20 13 Proposed adoption of amendments to NJAC 53 54 19:45-1.8 (destruction of returned coupons) 21 14 Petition of Harrah's Entertainment, Inc., 54 57 Harrah's Operating Company, Inc., Harrah's 22 Atlantic City Operating Company, LLC, Showboat Atlantic City Operating Company, 23 LLC, Bally's Park Place, Inc., and Boardwalk Regency Corp., for waiver of qualification 24 requirements of corporate officer positions (Regional VP Marketing-Northern Nevada; 25 VP Development-Asia) (PRN 3080806) 6 1 2 E X H I B I T S : 3 NO. DESCRIPTION EVD 4 5 P-1 Remand for hearings 4 license X 6 P-2 Grant 6 licenses X 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 08-11-12 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 CHAIR KASSEKERT: Good morning. 25 MR. NANCE: Good morning. 8 ITEM NO. 2 1 The matters discussed in closed session 2 were: Employee and enterprise license matters. 3 The Commissioner approved the October 4 29th, 2008, closed session minutes. 5 Litigation update regarding: Warren 6 Lackland and Lewis M. Springer, Jr., versus 7 State of New Jersey and the Casino Control 8 Commission; 9 Petition of Tropicana, et al., for 10 renewal of casino license; 11 And application of Bayshore Rebar, Inc., 12 for a casino service employee license and 13 qualifications of Phyllis Merlino and Joseph N. 14 Merlino. 15 Item No. 1, the ratification of the 16 minutes of October 29th. 17 VICE CHAIR SOMMELING: Move to approve. 18 COMMISSIONER FEDORKO: Second. 19 CHAIR KASSEKERT: The motion has been 20 made and seconded. All in favor? 21 (Ayes.) 22 CHAIR KASSEKERT: Opposed? 23 (No response.) 24 CHAIR KASSEKERT: Motion carries. 25 MR. NANCE: Item No. 2, application for 9 ITEM NO. 2 1 employee and casino service industry licenses. 2 This agenda item will be entered as Exhibit 3 List 1 and 2. 4 Exhibit List 1 consists of four 5 applications for initial and or renewal of 6 casino key and casino employee licenses. 7 The Division has objected to licensure. 8 COMMISSIONER EPPS: Motion to remand for 9 hearings. 10 VICE CHAIR 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 MR. NANCE: For consideration is the 18 casino service industry license initial and/or 19 renewal applications pursuant to NJSA 20 5:12-92(c) for Luxx, Inc., and Jonathan Foods, 21 Inc. 22 The Division has objected to these 23 applications. 24 COMMISSIONER EPPS: Madame Chair, I move 25 that we remand these matters for hearings. 10 ITEM NO. 2 1 VICE CHAIR SOMMELING: Second. 2 CHAIR KASSEKERT: The motion has been 3 made and seconded. All in favor? 4 (Ayes.) 5 CHAIR KASSEKERT: Opposed? 6 (No response.) 7 CHAIR KASSEKERT: Motion carries. 8 MR. NANCE: Exhibit List 2 consists of 9 six applications for initial and/or renewal of 10 casino key and casino employee licenses. 11 Staff and the Division have recommended 12 that these licenses be granted. 13 COMMISSIONER FEDORKO: Motion to grant 14 applications. 15 VICE CHAIR SOMMELING: Second. 16 CHAIR KASSEKERT: The motion has been 17 made and seconded. All in favor? 18 (Ayes.) 19 CHAIR KASSEKERT: Opposed? 20 (No response.) 21 CHAIR KASSEKERT: Motion carries. 22 MR. NANCE: For consideration is the 23 application of Victoria L. O'Donovan for 24 renewal of a casino key employee license and 25 for qualification as Vice President of 11 ITEM NO. 3 1 Purchasing for Trump Taj Mahal Associates, LLC. 2 Staff and the Division has recommended 3 that this application be granted. 4 VICE CHAIR SOMMELING: Madame Chair, 5 move to approve. 6 CHAIR KASSEKERT: Is there a second? 7 COMMISSIONER FEDORKO: Second. 8 CHAIR KASSEKERT: Motion has been made 9 and seconded to grant renewal of the key 10 license and for qualification for Victoria L. 11 O'Donovan. 12 This is a roll call vote. 13 MR. NANCE: Commissioner Fedorko? 14 COMMISSIONER FEDORKO: Yes. 15 MR. NANCE: Commissioner Epps? 16 COMMISSIONER EPPS: Yes. 17 MR. NANCE: Vice Chair Sommeling? 18 VICE CHAIR SOMMELING: Yes. 19 MR. NANCE: Chair Kassekert? 20 CHAIR KASSEKERT: Yes. 21 MR. NANCE: The record will reflect that 22 the motion is unanimous. 23 Item No. 3, Petition No. 3020805, 24 Showboat Atlantic City Operating Company, LLC, 25 is requesting the issuance of a testimony 12 ITEM NO. 3 1 casino key employee license to Alexis Turin 2 pursuant to NJSA 5:12-89(e) and to permit him 3 pursuant to NJAC 19:43-2.6 to assume the duties 4 and exercise the powers of Vice President of 5 Marketing without first having been found 6 qualified. 7 COMMISSIONER FEDORKO: Motion to grant 8 temporary key license -- I'm sorry. 9 CHAIR KASSEKERT: Mr. Lowry? 10 MR. LOWRY: Good morning, Madame Chair. 11 CHAIR KASSEKERT: You just are so quiet 12 when you walk. 13 MR. LOWRY: I try not to break the 14 microphone. 15 (Laughter.) 16 MR. LOWRY: Good morning, Madame Chair 17 and Commissioners. 18 I'm here with Mr. Turin. We're asking 19 the Commission to approve his application to 20 assume the powers and exercise the Vice 21 President of Marketing. We respectfully submit 22 the papers grant good cause for the Commission 23 to grant the relief requested, and we ask your 24 permission. 25 CHAIR KASSEKERT: Thank you. 13 ITEM NO. 3 1 MR. LOWRY: Thank you. 2 CHAIR KASSEKERT: Any questions? 3 VICE CHAIR SOMMELING: No questions, 4 Madame Chair. 5 CHAIR KASSEKERT: Commissioner Fedorko, 6 do you have any question? 7 COMMISSIONER FEDORKO: No, I don't. 8 CHAIR KASSEKERT: Okay. Now you can do 9 your motion. 10 COMMISSIONER EPPS: Madame Chair? 11 CHAIR KASSEKERT: Oh, I'm sorry. 12 MS. TURI: Dorothy Turi, Deputy Attorney 13 General, on behalf of the Division of Gaming 14 Enforcement. 15 We have no objection to the relief that 16 has been requested. 17 Thank you. 18 CHAIR KASSEKERT: Thank you very much 19 Miss Turi. Okay. 20 COMMISSIONER FEDORKO: Now? 21 CHAIR KASSEKERT: Now. 22 COMMISSIONER FEDORKO: Motion to grant 23 temporary key license and qualification. 24 COMMISSIONER EPPS: Second. 25 CHAIR KASSEKERT: Motion has been made 14 ITEM NO. 4 1 and seconded. This is a roll call vote. 2 MR. NANCE: Commissioner Fedorko? 3 COMMISSIONER FEDORKO: Yes. 4 MR. NANCE: Commissioner Epps? 5 COMMISSIONER EPPS: Yes. 6 MR. NANCE: Vice Chair Sommeling? 7 VICE CHAIR SOMMELING: Yes. 8 MR. NANCE: Chair Kassekert? 9 CHAIR KASSEKERT: Yes. 10 MR. NANCE: The record will reflect that 11 the motion is unanimous. 12 CHAIR KASSEKERT: Thank you. 13 MS. TURI: Thank you. 14 MR. LOWRY: Thank you. 15 MR. NANCE: Item No. 4, stipulation of 16 settlement and consent agreements. When I call 17 your name, please come forward, stand behind 18 the center table, spreading across the room so 19 that you may be seen: Donald Coleman, Michelle 20 Anderson, George Duberson, Tammie Evans, Robert 21 Sandman, Marian Imburgia, Anthony Palmer, 22 Ramona Smith, Elizabeth Weikel, and Charles 23 Frey. 24 CHAIR KASSEKERT: Has everyone whose 25 name has been called come forward at this time? 15 ITEM NO. 4 1 Was your name called, sir? 2 MS. FRIGEN: Mr. Echevarria, no. 3 CHAIR KASSEKERT: No. Okay. All right. 4 I'm going to ask that you each state 5 your name for the record, starting with you, 6 sir. 7 MR. COLEMAN: Donald Coleman. 8 MS. IMBURGIA: Marian Imburgia. 9 MS. EVANS: Tammie Evans. 10 MR. SANDMAN: Robert Sandman. 11 MS. SMITH: Ramona Smith. 12 CHAIR KASSEKERT: Okay. In a moment 13 we're going to vote on the stipulations which 14 you've agreed to with the Division of Gaming 15 Enforcement. I'm going to ask at this point if 16 any of you wish to be heard on your matter. 17 You don't have to say anything if you don't 18 want to. 19 Does anyone wish to be heard? 20 (No response.) 21 CHAIR KASSEKERT: No? Okay. 22 Mr. Biscieglia. 23 MR. BISCIEGLIA: Thank you, Chair. Good 24 morning, Chair, Commissioners. 25 The Division has nothing further and ask 16 ITEM NO. 5 1 that the stipulations be adopted as submitted. 2 Thank you. 3 CHAIR KASSEKERT: Okay. Any questions? 4 VICE CHAIR SOMMELING: Motion to approve 5 the stipulations, Madame Chair. 6 COMMISSIONER 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 Thank you for coming. Good luck. 14 FROM THE FLOOR: Thank you. 15 FROM THE FLOOR: Thank you. 16 MR. NANCE: Item No. 5, petition of Sean 17 A. Gwyn for early reapplication. 18 Miss Frigen? 19 MS. FRIGEN: Good morning, Madame Chair, 20 Commissioners. 21 For your consideration is Mr. Gwyn's 22 petition seeking permission to reapply early 23 for a registration and/or noncredential hotel 24 employment. 25 The Division has interposed an objection 17 ITEM NO. 5 1 to this petition. 2 I would just note for the record that 3 this morning we received an additional 4 reference letter from Mary Jefferson, a copy of 5 which I believe has been provided to the 6 Commission, and I also provided a copy to Mr. 7 Biscieglia. 8 CHAIR KASSEKERT: Thank you very much. 9 Mr. Gwyn, is there anything you'd like 10 to say today? 11 MR. GWYN: I just want to say -- 12 CHAIR KASSEKERT: Okay. We're going to 13 have to -- if you'd please rise, we'll swear 14 you in. 15 16 SEAN A. GWYN was duly sworn to testify 17 in this matter. 18 19 MR. NANCE: Please state your name for 20 the record. 21 THE WITNESS: Sean Gwyn. 22 MR. NANCE: Thank you. 23 CHAIR KASSEKERT: Okay. Mr. Gwyn, what 24 would you like to tell us? 25 THE WITNESS: Just want to say like my 18 ITEM NO. 5 1 own casino control, when I tried to apply and 2 everything like that, I was denied. Like, I 3 was young. I didn't know what was going. I 4 would have never had applied for a casino if I 5 wouldn't have knew they were suspended. I just 6 found out the last month, so that's why I'm 7 just trying now to get everything on the right 8 track. 9 CHAIR KASSEKERT: Okay. Well, you 10 understand that the crimes involved here are 11 very serious, and some of them, I believe, 12 occurred during the pendency -- the pendency 13 of-- yeah. Okay. 14 Let me ask if any of the Commissioners 15 have any questions at this point? 16 VICE CHAIR SOMMELING: No questions at 17 this point. 18 COMMISSIONER EPPS: I'll wait. 19 CHAIR KASSEKERT: You'll wait to hear 20 from the Division. 21 COMMISSIONER FEDORKO: I'll wait. 22 CHAIR KASSEKERT: Thank you. We may 23 have some questions for you, so please just sit 24 down. 25 Mr. Biscieglia? 19 ITEM NO. 5 1 MR. BISCIEGLIA: Thank you. 2 The Petitioner's original casino 3 employee application was denied by Commission 4 order on April 28th, 2004. Following this -- 5 this occurred, the denial and the revocation 6 occurred following the Petitioner's failure to 7 request a hearing after the Division had filed 8 a complaint. The basis of the Division's 9 complaint at that time were two convictions in 10 the year of 2002 for possession of CDS with 11 intention to distribute. 12 Following the Commission's denial on May 13 24th of 2005, the Petitioner was again 14 convicted of possession of CDS with intent to 15 distribute on May 24th of 2005. He was fined 16 $1205, of which no payments have been made. 17 And also there's several New Jersey Motor 18 Vehicle Commission judgments of $8,800, and 19 this was the basis of the Division's opposition 20 to the petition. 21 So based on these facts, the Division 22 asks that the petition be denied. 23 CHAIR KASSEKERT: Thank you. 24 MR. BISCIEGLIA: Thank you. 25 Commission Epps? Questions? 20 ITEM NO. 5 1 COMMISSIONER EPPS: Well, based on what 2 the Division just put forward on the record, do 3 you understand what he said? 4 THE WITNESS: Yes. 5 COMMISSIONER EPPS: You had a -- '02 -- 6 you had two convictions in '02. Then you had 7 an '05 conviction, which I believe you just 8 finished or you finished up not -- you know, 9 you got that cleared. But there's outstanding 10 fines that are still outstanding from that 11 conviction, and then there's outstanding, open 12 judgments for DMV? 13 THE WITNESS: Yeah. Yes. 14 COMMISSIONER EPPS: Do you acknowledge 15 that all those exist? 16 THE WITNESS: Yes. 17 COMMISSIONER EPPS: Okay. 18 THE WITNESS: Excuse me -- 19 COMMISSIONER EPPS: I'll give you -- go 20 ahead. 21 THE WITNESS: Currently I'm paying on my 22 fines. I have them all together at Atlantic 23 City Police Station, and I pay a payment every 24 month that my parole officer, he told me to pay 25 on. He said worry about the other ones like 21 ITEM NO. 5 1 the 12,000 -- the 1200? He told me to worry 2 about that at the end because I don't want to 3 be out here and have a warrant and nothing like 4 that, and as I gain employment and stuff like 5 that. So I could kind of break it down little 6 by little. But I paid on some of the one at 7 the police station for $3,000. 8 COMMISSIONER EPPS: Okay. But here's 9 part of the difficulty. What generally 10 happens, particularly before us, is that 11 matters are in a better position of 12 completeness, meaning that everything -- 13 THE WITNESS: Yes. 14 COMMISSIONER EPPS: -- that happened and 15 all the ramifications of what happened with 16 respect to punishment and everything else is 17 more cleaned up and further away from you, 18 which gets you on toward being in a posture of 19 where people who get a license or privileged to 20 work in the industry are. So I think what -- 21 it seems that you're early in the process. 22 THE WITNESS: Yeah. 23 COMMISSIONER EPPS: And you're moving in 24 the right direction, but I don't know that 25 you're far enough along in getting everything 22 ITEM NO. 5 1 behind you before you're in a posture where you 2 put yourself in a position to move forward into 3 the industry. And that seems to be some of 4 what the Division is saying with respect to why 5 they think that this motion right now is in -- 6 is not ripe for us to hear. Or to grant. But 7 if -- understanding that, is there anything 8 you'd like to say to us? 9 THE WITNESS: No. 10 COMMISSIONER EPPS: Okay. 11 CHAIR KASSEKERT: Any questions? 12 Commissioner Fedorko? 13 COMMISSIONER FEDORKO: Are you working 14 now? 15 THE WITNESS: Yes. 16 COMMISSIONER FEDORKO: Where? 17 THE WITNESS: I work at a Sunoco gas 18 station at the $2 toll mart at the Farley 19 Plaza. 20 COMMISSIONER FEDORKO: All right. 21 VICE CHAIR SOMMELING: Chair? 22 CHAIR KASSEKERT: Commissioner 23 Sommeling? 24 VICE CHAIR SOMMELING: Mr. Biscieglia, 25 with respect to the restriction period ending, 23 ITEM NO. 5 1 is that the correct date, April 28 of 2009? 2 MR. BISCIEGLIA: Well, seeing as though 3 the conviction was, I believe, May 24th of 4 2005, I would believe disqualification would be 5 five years from that and end May 24th of 2010, 6 and that's actually -- 7 VICE CHAIR SOMMELING: This is an 8 incorrect date? 9 CHAIR KASSEKERT: I think miss Frigen -- 10 MS. FRIGEN: Mr. Gwyn's casino employee 11 license application was denied by Commission 12 order dated -- 13 MR. BISCIEGLIA: Oh, the -- the denial 14 of the order, yes. The original denial of the 15 Commission, yes. That would be the correct 16 date. But with the subsequent conviction, it's 17 the Division's position that the 18 disqualification period would now reach into 19 2010 based on the 2005 conviction. But in 20 regards to the original order, yes. The 2009 21 would be correct. 22 VICE CHAIR SOMMELING: Okay. Thank you. 23 CHAIR KASSEKERT: Any other questions? 24 VICE CHAIR SOMMELING: No questions, 25 Madame Chair. 24 ITEM NO. 5 1 CHAIR KASSEKERT: Motion? 2 VICE CHAIR SOMMELING: Move to deny Mr. 3 Gwyn's petition to reapply early for a casino 4 service employee registration or to obtain 5 employment early as a noncredential hotel 6 employee. 7 COMMISSIONER FEDORKO: Second. 8 CHAIR KASSEKERT: The motion has been 9 made and seconded. All in favor? 10 (Ayes.) 11 CHAIR KASSEKERT: Opposed? 12 (No response.) 13 CHAIR KASSEKERT: Motion carries. 14 COMMISSIONER EPPS: Just -- if I can 15 just state for the record. Mr. Gwyn, you're on 16 the right path. It's just early in your 17 process yet to come for this license that 18 you're seeking. 19 THE WITNESS: Uh-hum. 20 COMMISSIONER EPPS: But all I can do is 21 encourage you. Just keep doing what you're 22 doing. You're on the right path and if you 23 stay straight and keep doing what you're doing, 24 you'll be in a perfect position to come back, 25 and you'll get that license in the industry. 25 ITEM NO. 6 1 You're doing the right thing. It's just early 2 in the process. So if you keep doing the right 3 thing, and you'll be okay. 4 THE WITNESS: Okay. Thank you. 5 CHAIR KASSEKERT: Thank you. 6 MR. NANCE: Item No. 6, application for 7 suspension for Robert Arrighetta, Kevin 8 Barrett, Boksun Bell, Angel Echevarria, Javier 9 Echevarria, Anthony Ford, Chandrakant Patel, 10 Tashaad Rhodes, Shannon Washington, Ronald 11 Trenard, Jr., and Khonsavan Vongnara. 12 Miss Frigen? 13 MS. FRIGEN: Madame Chair, 14 Commissioners, at the outset, I would note with 15 respect to 6c, Boksun Bell, we and the Division 16 received updated information regarding the 17 outcome of her criminal case recently, and it's 18 my understand that the Division on the record 19 is going to pursue a withdrawal of that 20 application for suspension. 21 CHAIR KASSEKERT: Mr. Biscieglia? 22 MR. BISCIEGLIA: Yeah. The Division was 23 provided information on November 10th the 24 Respondent was found not guilty in Atlantic 25 City Municipal Court, so based upon that, the 26 ITEM NO. 6 1 Division will withdrawal a suspension 2 application and allow this to play out in the 3 settlement conference and the hearing process. 4 CHAIR KASSEKERT: Thank you very much. 5 MS. FRIGEN: Okay. Also, I this morning 6 have had an opportunity to speak with three 7 individuals who I am aware are present this 8 morning. That would be 6e, Javier Echevarria, 9 6j, Ronald Trenard, and 6k, Khonsavan 10 Vongnara -- excuse me if I mispronounce that. 11 Let me inquire whether there is anybody 12 else here in connection with this agenda item 13 whose name I didn't mention? 14 (No response.) 15 MS. FRIGEN: Okay. So the remaining 16 individuals at this point apparently are not 17 here to contest the applications for 18 suspension. 19 CHAIR KASSEKERT: Okay. Why don't we 20 deal with those first, then. 21 MS. FRIGEN: Okay. 22 CHAIR KASSEKERT: So we would be dealing 23 with A, B, D, F, G, H, I. 24 Mr. Biscieglia? 25 MR. BISCIEGLIA: I'm sorry. Is K here 27 ITEM NO. 6 1 today? Vongnara. 2 CHAIR KASSEKERT: K is here. 3 MR. BISCIEGLIA: K is here. Okay. 4 In regards to A and B they are both 5 pending a grand jury with no date set. 6 F, Anthony Ford, is also pending a grand 7 jury with no date set. 8 G, Chandrakant Patel was indicted on -- 9 he has been indicted for one count of theft, 10 third degree. And the other individuals all 11 appear to be here. 12 MS. FRIGEN: No. H and I are not 13 present and D is not present. It's -- the 14 people that are here is C, J, and F. 15 MR. BISCIEGLIA: Okay. All those -- H 16 and I are -- 17 COMMISSIONER EPPS: E, J, and K. 18 MS. FRIGEN: Excuse me? 19 CHAIR KASSEKERT: E, J and K. 20 MS. FRIGEN: I'm sorry. E, J and K. 21 Yeah. I'm sorry. 22 MR. BISCIEGLIA: Are both pending a 23 grand jury with no date set. 24 E, it's Javier Echevarria. 25 CHAIR KASSEKERT: We'll deal with him 28 ITEM NO. 6 1 separately because he's here. 2 MR. BISCIEGLIA: Okay. 3 CHAIR KASSEKERT: All right. So can I 4 have a motion for those letters if anybody's 5 kept track? 6 COMMISSIONER EPPS: Madame Chair, I move 7 that we suspend the credentials concerning 8 matters 6a, b, d, f, g, h, and i. 9 VICE CHAIR 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. 16 Thank you. We'll now deal with the 17 remainders? 18 MS. FRIGEN: Okay. The first case would 19 be Javier Echevarria. I would ask him to come 20 forward and have a seat at the table. 21 And I would ask that the Division to go 22 forward first and provide the basis for which 23 it's seeking suspension. 24 CHAIR KASSEKERT: Thank you. 25 Mr. Biscieglia? 29 ITEM NO. 6 1 MR. BISCIEGLIA: Thank you. I apologize 2 for the delay. 3 CHAIR KASSEKERT: That's okay. 4 MR. BISCIEGLIA: On July 29th, 2008, the 5 Respondent was indicted in Atlantic County on 6 four counts of burglary, second degree, three 7 related counts. The Respondent, along with a 8 co-defendant, entered the residence of another 9 and injured two persons, including a juvenile. 10 CHAIR KASSEKERT: Thank you. 11 Any questions for Mr. Biscieglia before 12 we hear from Mr. Echevarria? 13 VICE CHAIR SOMMELING: No questions, 14 Madame Chair. 15 CHAIR KASSEKERT: Mr. Echevarria, is 16 there anything you'd like to say today? You 17 need to be sworn in if you do. 18 Please rise. 19 THE WITNESS: No. 20 CHAIR KASSEKERT: No? 21 THE WITNESS: No. 22 CHAIR KASSEKERT: Okay. 23 THE WITNESS: Actually, I do. 24 CHAIR KASSEKERT: You do. Okay. 25 30 ITEM NO. 6 1 JAVIER ECHEVARRIA was duly sworn to 2 testify in this matter. 3 4 MR. NANCE: Please state your name for 5 record. 6 THE WITNESS: Javier Echevarria. 7 MR. NANCE: Thank you. 8 CHAIR KASSEKERT: Mr. Echevarria, what 9 would you like to say today? 10 THE WITNESS: Actually, I have a lawyer 11 working on my case right now, and I asked if 12 you guys could just hold off to after the case. 13 I think the charges are ridiculous. 14 That's my personal opinion, what was brought up 15 to my attention, that the second degree 16 burglary, that's all false charges, in my 17 opinion. And that's why I have a lawyer 18 working with me on this. 19 CHAIR KASSEKERT: But you were arrested; 20 correct? 21 THE WITNESS: Yes. 22 CHAIR KASSEKERT: Okay. Let me ask if 23 you have any questions? 24 Mr. Commissioner Epps? 25 MR. BISCIEGLIA: Can I just state, this 31 ITEM NO. 6 1 case there has been an arrest. He has been 2 indicted -- 3 CHAIR KASSEKERT: Indicted. 4 MR. BISCIEGLIA: There was a status 5 conference scheduled for November 10th, but 6 according to the counsel, it doesn't appear 7 anything of significance happened on that date. 8 CHAIR KASSEKERT: Okay. All right. 9 Let me ask, Commissioner Epps, do you 10 have any questions? 11 COMMISSIONER EPPS: No. Just, Mr. 12 Echevarria, I understand what you're saying, 13 but there's been an arrest and an indictment in 14 this matter, so that matter is proceeding. And 15 it's the type of posture where a suspension 16 follows with respect to what happens at this 17 agency when we are faced with an arrest and an 18 indictment. 19 CHAIR KASSEKERT: Okay. Any other 20 questions? 21 VICE CHAIR SOMMELING: No, Madame Chair. 22 CHAIR KASSEKERT: Okay. 23 COMMISSIONER FEDORKO: Motion to 24 suspend. 25 CHAIR KASSEKERT: Is there a second? 32 ITEM NO. 6 1 VICE CHAIR SOMMELING: 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 THE WITNESS: Thank you. 9 MS. FRIGEN: The next case we have would 10 be with respect to Ronald Trenard. 11 Mr. Trenard? 12 Again, I would ask the Division to go 13 forward first. 14 CHAIR KASSEKERT: Thank you. 15 Mr. Biscieglia? 16 MR. BISCIEGLIA: Thank you. 17 On August 22nd, 2008, the Respondent was 18 arrested and charged with theft contrary to 19 NJSA 2C:28-3. While working as a cashier at 20 the Showboat Casino Hotel, the Respondent was 21 observed by casino surveillance taking a $100 22 bill from his drawer. During police 23 questioning, the Respondent admitted to taking 24 the $100 bill and also admitting to taking 25 another $100 bill previously in his shift. 33 ITEM NO. 6 1 CHAIR KASSEKERT: Thank you. 2 MR. BISCIEGLIA: Thank you. 3 CHAIR KASSEKERT: Mr. Trenard, is there 4 anything you'd like to say? 5 THE WITNESS: Yes, I do. 6 CHAIR KASSEKERT: Okay. Mr. Nance? 7 8 RONALD TRENARD, JR., was duly sworn to 9 testify in this matter. 10 11 MR. NANCE: Please state your name. 12 THE WITNESS: Ronald Trenard. 13 MR. NANCE: Thank you. 14 CHAIR KASSEKERT: Okay. Mr. Trenard? 15 THE WITNESS: Yes. That way when I was 16 working in my area, I was working two windows, 17 and it was like a busy day, and, like, my 18 supervisor wasn't around. And, unfortunately, 19 there was like -- when I was scanning tickets 20 through my machine, like I was like people in a 21 fast pay, and I felt that I underpaid them, 22 like a hundred dollars. So I made a poor 23 decision by putting it in my pocket. But it 24 wasn't, like, my intent to leave with that. 25 CHAIR KASSEKERT: Okay. But you 34 ITEM NO. 6 1 admitted when you talked to the police that you 2 did this; correct? 3 THE WITNESS: Yes. 4 CHAIR KASSEKERT: Okay. Let me ask if 5 anyone has any questions? 6 COMMISSIONER EPPS: Mr. Biscieglia, 7 what's the status of this one? 8 MR. BISCIEGLIA: This was is currently 9 pending a grand jury with no date set, 10 Commissioner. 11 CHAIR KASSEKERT: Commissioner Fedorko? 12 Any questions? 13 COMMISSIONER FEDORKO: No questions. 14 VICE CHAIR SOMMELING: No further 15 questions. 16 CHAIR KASSEKERT: Is there a motion? 17 VICE CHAIR SOMMELING: Motion to suspend 18 the credential. 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. 35 ITEM NO. 6 1 Thank you. 2 MS. FRIGEN: Okay. Finally, we have Mr. 3 Khonsavan Vongnara. 4 You speak English? We spoke a little 5 bit earlier. You seem to be -- 6 MR. VONGNARA: I speak English okay, but 7 not perfect. I will -- 8 MS. FRIGEN: Okay. We can just take it 9 slow. 10 MR. VONGNARA: I can try to explain. 11 CHAIR KASSEKERT: Okay. We're going 12 hear from Mr. Biscieglia, first. 13 MR. BISCIEGLIA: Thank you. 14 On September 20th, 2008, the Respondent 15 was arrested and charged with a violation of 16 the New Jersey Anti Privacy Act, third degree, 17 contrary to NJSA 2C:21-21(c)(2). The 18 Respondent was observed selling pirated DVD 19 recordings to coworkers in the employees 20 cafeteria of the Atlantic City Casino Resort. 21 When he was taken into custody, the police 22 received 114 DVD recordings that were suspected 23 to be pirated, and this matter is currently 24 pending a grand jury with no date set. 25 CHAIR KASSEKERT: Thank you. 36 ITEM NO. 6 1 Mr. Vongnara? Am I saying that close 2 enough? 3 THE WITNESS: Yes. 4 CHAIR KASSEKERT: Would you like to say 5 something? 6 THE WITNESS: Yes. 7 CHAIR KASSEKERT: Okay. If you would 8 stand up, Mr. Nance is going to swear you in. 9 10 KHONSAVAN VONGNARA was duly sworn to 11 testify in this matter. 12 13 MR. NANCE: Please state your name. 14 THE WITNESS: Khonsavan Vongnara. 15 MR. NANCE: Thank you. 16 CHAIR KASSEKERT: Okay. What would you 17 like to tell us? 18 THE WITNESS: I would like to say this 19 thing is -- I'm not really selling it. What I 20 do is, I making DVD for friend and coworker. 21 And they to want give me some money, they give 22 me some money. They don't want to give it to 23 me, they don't give it to me. They have no 24 proof that who I sell to. They don't have no 25 evidence that I collect money with anybody. 37 ITEM NO. 6 1 But they just got my movies from my personal 2 bag. And this situation, I still have to go to 3 court and tell the judge about it. 4 CHAIR KASSEKERT: Right. 5 THE WITNESS: It's not -- it's not over 6 yet. And I just got newborn baby. 7 And I just got nothing else to say. 8 CHAIR KASSEKERT: Okay. Well, but -- 9 but you will be going to court about that -- 10 THE WITNESS: Yes. 11 CHAIR KASSEKERT: And maybe we'll come 12 back at that point. 13 Let me ask if any of the Commissioners 14 have any questions? 15 VICE CHAIR SOMMELING: The only question 16 I have, Madame Chair, is when you made these 17 recordings, you knew you were making these 18 recordings from an original copy that you owned 19 and possessed? 20 THE WITNESS: Most of the movie I 21 recorded I bought from Best Buy, Circuit City, 22 and I just burn them for myself. 23 VICE CHAIR SOMMELING: So they were your 24 movies or recordings, and they you copied them. 25 THE WITNESS: Yes, I -- 38 ITEM NO. 6 1 VICE CHAIR SOMMELING: And then you gave 2 them or sold them to coworkers? 3 THE WITNESS: Give to a friend. They 4 give me couple dollars. Not really a sale -- 5 VICE CHAIR SOMMELING: But on the record 6 you're saying you did that? You made these 7 copies, and you actually did that? 8 THE WITNESS: Yeah. They forced me to 9 say that. So I have to say what they said. 10 VICE CHAIR SOMMELING: No. I'm asking 11 you a question. 12 THE WITNESS: Yes, sir. 13 VICE CHAIR SOMMELING: The questions is, 14 did you make copy copies, first of all, of the 15 DVDs? 16 THE WITNESS: I made the copy. Yes. I 17 make for myself, and I make for friends. 18 VICE CHAIR SOMMELING: And you make for 19 friends. 20 Now, during any of that time, did you 21 give or get money for any of those recordings? 22 THE WITNESS: No. I did not get money 23 that time. 24 VICE CHAIR SOMMELING: Any time? 25 THE WITNESS: Not in that time. 39 ITEM NO. 6 1 VICE CHAIR SOMMELING: Any time? 2 THE WITNESS: Any time I get $2, $3. It 3 depends. Whatever they want to give me for my 4 blank disk that I burn and pay for and electric 5 that I pay. Just for the time I make. I'm not 6 really selling it. 7 VICE CHAIR SOMMELING: No more 8 questions. Thank you. 9 CHAIR KASSEKERT: Okay. Any other 10 questions? 11 COMMISSIONER EPPS: Just for the record, 12 I don't know, Mr. -- sir -- 13 THE WITNESS: Vongnara. 14 COMMISSIONER EPPS: I'm not necessarily 15 familiar with the Piracy Act, however, I don't 16 know that whether or not you made money is a 17 necessarily a determining factor as to whether 18 or not you copied the material. That's just 19 for your record. Whether or not you made money 20 may not even be an issue. But the fact that 21 you are copying copyrighted materials and 22 moving them to other people without permission 23 is what is causing the problem. 24 THE WITNESS: Right. 25 COMMISSIONER EPPS: Just so you know. 40 ITEM NO. 7 1 Madame Chair, I'm going to move to 2 suspend credentials. 3 VICE CHAIR SOMMELING: 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 Thank you. 11 THE WITNESS: Thank you. 12 MR. NANCE: Item No. 7, stipulation of 13 settlement and application of PAR-4, Inc., and 14 qualification of Anthony R. Tomasello, Jr. 15 Mr. Corbett? 16 MR. CORBETT: Chair, Commissioners, 17 approval of the stipulation of settlement in 18 this matter will result in the granting of the 19 renewal application for casino service industry 20 license. 21 Mr. Michael is here for the Applicant 22 and Mr. Zarrillo for the Division. 23 CHAIR KASSEKERT: Thank you. 24 Good morning, Mr. Michael. 25 MR. MICHAEL: Good morning, Madame 41 ITEM NO. 7 1 Chair, members of the Commission. 2 We respectfully ask your approval of a 3 stipulation of settlement which have been 4 entered into between Mr. Tomasello, who is here 5 today, and PAR-4, his company, and the Division 6 of Gaming Enforcement through Mr. Zarrillo. 7 The stipulation sets out the facts as 8 both parties agree to them, and on the basis of 9 those facts, both parties have agreed that that 10 would result in the renewal of the licenses. 11 And we respectfully request that that be 12 granted. 13 CHAIR KASSEKERT: Thank you. 14 Mr. Zarrillo? 15 MR. ZARRILLO: Good morning, Chair, 16 Commissioners. 17 I have nothing to add. I would ask only 18 that we ask that you approve the stipulation of 19 settlement as well. 20 CHAIR KASSEKERT: Thank you. 21 Any questions from the parties? 22 VICE CHAIR SOMMELING: Madame Chair, I 23 move to approve the stipulation of settlement 24 and move to grant the casino service industry 25 license renewal application of PAR-4, 42 ITEM NO. 8 1 Incorporated, and qualification of Anthony R. 2 Tomasello, Jr. 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 Thank you. 11 MR. MICHAEL: Thank you very much. 12 MR. ZARRILLO: Thank you. 13 MR. NANCE: Item No. 8, stipulation of 14 settlement in State versus Bally's Park Place, 15 Inc. 16 Mr. Corbett? 17 MR. CORBETT: Chair, Commissioners, in 18 the stipulation of settlement in this case, the 19 casino licensee admits to the regulatory 20 violation regarding underaged gambling and 21 agrees to a penalty of $157,500. 22 Mr. Ficchi is here for the Division and 23 Mr. Downey is here for the Respondent casino. 24 CHAIR KASSEKERT: Thank you. 25 Good morning, Mr. Downey. 43 ITEM NO. 8 1 MR. DOWNEY: Good morning, Madame Chair, 2 members of the Commission. With me at counsel 3 table this morning is Tim Lowry, Senior 4 Corporate Counsel. 5 Madame Chair, I think all we want to say 6 this morning is the stipulation of facts and 7 settlement that was put before you fairly 8 reflects our understandings and our agreements 9 and the finding referenced by Mr. Corbett. 10 We're prepared to answer any questions 11 you might have. 12 CHAIR KASSEKERT: Thank you. 13 Mr. Ficchi? 14 MR. FICCHI: Yes. Thank you. Good 15 morning, Chair, Commissioners. 16 The Division doesn't have anything 17 further with regard to the stipulation itself 18 other than to request that the Commission adopt 19 the settlement as drafted. 20 I just want to take this opportunity to 21 recognize the investigative efforts of Division 22 Investigator, Patrick Heiler, who was 23 instrumental in the making of this case, and 24 through his efforts, we were able to bring it 25 to you for your consideration. 44 ITEM NO. 9 1 Thank you. 2 CHAIR KASSEKERT: Thank you. 3 Any questions? 4 VICE CHAIR SOMMELING: No questions, 5 Madame Chair. 6 COMMISSIONER FEDORKO: Motion to approve 7 the stipulation of settlement and impose a 8 civil penalty of $157,500 against Bally's Park 9 Place, Inc., for violation of Commission 10 regulations regarding underaged gambling. 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 carries. 18 Thank you. 19 MR. FICCHI: Thank you. 20 MR. DOWNEY: Thank you. 21 MR. NANCE: Item No. 9, petition of 22 Harrah's Entertainment, Inc., Harrah's 23 Operating Company, Inc., Harrah's Atlantic 24 City, Operating Company, LLC, Showboat Atlantic 25 City Operating Company, LLC, Bally's Park 45 ITEM NO. 9 1 Place, Inc., and Boardwalk Regency Corp., to 2 permit Kurt Level to assume and perform the 3 duties and exercise the powers of Vice 4 President and Associate General Counsel prior 5 to qualification. 6 Miss Frank? 7 MS. FRANK: Good morning, Chair and 8 Commissioners. 9 A draft resolution on Mr. Level's 10 temporary qualification has been circulated to 11 the parties. 12 Mr. Lowry is here for Harrah's and Miss 13 Turi for the Division. 14 CHAIR KASSEKERT: Thank you. Good 15 morning, again, Mr. Lowry. 16 MR. LOWRY: I don't think I should sit 17 down; right? I should probably just keep 18 standing. Good morning, Madame Chair. 19 This is for Mr. Level. We just ask the 20 Commission grant the relief requested. 21 We've reviewed the draft stipulation and 22 agreed with its terms. 23 CHAIR KASSEKERT: Thank you. 24 Miss Turi? 25 MS. TURI: Good morning, Madame Chair, 46 ITEM NO. 9 1 Commissioners. 2 We also have reviewed the draft 3 resolution, and we have no objection to its 4 entry. 5 CHAIR KASSEKERT: Thank you. 6 Any questions? 7 VICE CHAIR SOMMELING: No questions, 8 Madame Chair. 9 COMMISSIONER FEDORKO: Mr. Lowry, tell 10 us a little bit about Mr. Level. 11 (Laughter.) 12 MR. LOWRY: Mr. Level has a detailed 13 history in labor and employment circles. Most 14 recently he was with a company named Evista, 15 which is a company about 90,000 employees 16 worldwide who are mainly in the production -- 17 production of certain materials used in certain 18 applications, both worldwide. He has overseen 19 90,000 employees, and he was the Chief Counsel 20 Labor Employment to that entity. 21 Before that, Commissioner, he was with 22 Koch Industries, and before that, he was with a 23 shareholder with a private firm based out of 24 Wichita, Kansas. 25 COMMISSIONER FEDORKO: Thank you. 47 ITEM NO. 9 1 CHAIR KASSEKERT: Do you have a motion, 2 Commissioner Fedorko? 3 COMMISSIONER FEDORKO: Madame Chair, I 4 make a motion to adopt the draft resolution and 5 authorize Kurt Level on a temporary basis prior 6 to his plenary qualification to assume the 7 duties and exercise the powers of Vice 8 President and Associate General Counsel for 9 Harrah's Entertainment, Inc., and Harrah's 10 Operating Company, Inc., subject to the 11 conditions contained in NJAC 19:43-2.7 which, 12 among other things, require that he file a 13 PHD-MJ and New Jersey supplemental by November 14 the 28th, 2008. 15 VICE CHAIR SOMMELING: Second. 16 CHAIR KASSEKERT: Motion has been made 17 and seconded. This is a roll call vote. 18 MR. NANCE: Commissioner Fedorko? 19 COMMISSIONER FEDORKO: Yes. 20 MR. NANCE: Commissioner Epps? 21 COMMISSIONER EPPS: Yes. 22 MR. NANCE: Vice Chair Sommeling? 23 VICE CHAIR SOMMELING: Yes. 24 MR. NANCE: Chair Kassekert? 25 CHAIR KASSEKERT: Yes. 48 ITEM NO. 10 1 MR. NANCE: The record will reflect that 2 the motion is unanimous. 3 CHAIR KASSEKERT: Thank you. Will he be 4 reporting to you? 5 MR. LOWRY: No. No. No. No. No. No. 6 I'm low down. 7 CHAIR KASSEKERT: Thank you. 8 COMMISSIONER FEDORKO: We know that. 9 MR. NANCE: Item No. 10, proposed 10 readoption of the NJAC 19:48. 11 Miss Frank? 12 MS. FRANK: Chapter 48, Exclusion of 13 Persons, is scheduled to expire on December 14 10th of this year. Upon filing the Notice of 15 Proposed Readoption with the Office of 16 Administrative Law, the expiration date will be 17 extended to six months to June 2009. 18 The Rules and Exclusion of Persons are 19 before you today for approval, the Notice for 20 Initial Publication in the New Jersey Register. 21 CHAIR KASSEKERT: Thank you. 22 Any questions for Miss Frank? 23 VICE CHAIR SOMMELING: Madame Chair, 24 move to approve for publication, proposed 25 readoption without change. 49 ITEM NO. 11 1 COMMISSIONER 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 MR. NANCE: Item No. 11, proposed 9 publication and temporary adoption of amendment 10 to NJAC 19:45-1.42 and NJAC 19:46-1.26B. 11 MR. KELL: Good morning, Madame Chair, 12 Commissioners. 13 Before you are proposed amendments that 14 will establish two alternative sets of 15 procedures for slot machine bill changers that 16 use alterable storage media. These would apply 17 only to slot machine bill changers that do not 18 apply to current regulations applicable for 19 alterable storage Media. 20 The staff recommends you publish and 21 also temporarily adopt the amendments. 22 CHAIR KASSEKERT: Thank you. 23 Any questions for Mr. Kell? 24 VICE CHAIR SOMMELING: No questions, 25 Madame Chair. 50 ITEM NO. 12 1 COMMISSIONER FEDORKO: Motion to approve 2 for publication and temporary adoption. 3 VICE CHAIR SOMMELING: 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 Thank you. 11 MR. NANCE: Item No. 12, proposed 12 temporary adoption of amendment for insurance 13 wager in pai gow poker and authorization of 14 rulemaking experiment for insurance wager in 15 pai gow poker pursuant to NJSA 5:12-69E. 16 Mr. Mamolen? 17 MR. MAMOLEN: This is a new side wager 18 in pai gow poker. There is an all-in-one 19 casino sponsor at this point, that being 20 Harrah's. In essence, the players making a 21 wager that -- of all seven cards dealt to him 22 or her that it would not form a pair or higher. 23 So any ace or -- ace higher or lower hand of 24 all seven cards would be a winner on the side 25 wager. There are pay-outs ranging, depending 51 ITEM NO. 12 1 upon how high the high card is, the nonmatching 2 cards. 3 It is before you for temporary adoption 4 and test authorization. And it's the second, I 5 believe, insurance type wager. It's authorized 6 as a side wager in table games. You're 7 probably all familiar with the insurance wager 8 in blackjack which insures a winning hand in 9 the event the dealer has a blackjack and player 10 has a blackjack. This, in essence, insures a 11 bad hand. 12 CHAIR KASSEKERT: Thank you. 13 Any questions for Mr. Mamolen? 14 VICE CHAIR SOMMELING: No questions, 15 Madame Chair. 16 CHAIR KASSEKERT: Is there a motion? 17 COMMISSIONER FEDORKO: Motion to 18 preliminarily approve the insurance wager for 19 pai gow poker as a new wager, compatible with 20 public interest pursuant to Section 5 of the 21 Act; 22 Also to authorize publication of the 23 Notice of Temporary Adoption which will permit 24 a test of the new wager to begin on or after 25 December 22nd, 2005, [sic] subject to the 52 ITEM NO. 12 1 conditions listed and to continue for a period 2 of time not to exceed 270 days; 3 And to temporarily adopt the amendments 4 contained in the Notice of Proposal for the 5 purpose of conducting the test; 6 And to delegate to the Director of the 7 Division of Compliance the authority to 8 establish the terms and conditions of a test of 9 the new wager; 10 And condition any test of insurance 11 wager for pai gow poker upon filing with the 12 approval of the Division of Compliance of all 13 necessary test submissions for a Section 69E 14 test of a wager. 15 CHAIR KASSEKERT: I think December 22nd, 16 2008; right? Correct? Not 2005. 17 COMMISSIONER FEDORKO: Sorry. 18 CHAIR KASSEKERT: I'll just correct 19 that. 20 MR. MAMOLEN: Yes. 21 CHAIR KASSEKERT: Thank you. 22 A motion has been made. 23 COMMISSIONER EPPS: Second. 24 CHAIR KASSEKERT: The motion has been 25 made and seconded. All in favor? 53 ITEM NO. 13 1 (Ayes.) 2 CHAIR KASSEKERT: Opposed? 3 (No response.) 4 CHAIR KASSEKERT: Motion carries. 5 MR. NANCE: Item No. 13, proposed 6 adoption of amendment to NJAC 19:45-1.8. 7 Mr. Briliant? 8 MR. BRILIANT: Good morning, Madame 9 Chair and Commissioners. 10 This proposal, which was requested by 11 several casino licensees, would eliminate any 12 waiting period and notice for the destruction 13 of any coupon that was issued and mailed or 14 otherwise given to a patron and then 15 subsequently returned unused to the center. 16 However, all reconciliations required by the 17 Commission regulations and the casino 18 licensee's approved internal controls would 19 have to be conducted and resolved prior to any 20 destruction. And any coupons with any 21 unresolved discrepancies must also be retained. 22 This Notice of Proposal was published in 23 the New Jersey Register on August 18, 2008. No 24 public comments were received when the public 25 comment period expired on October 17th, 2008. 54 ITEM NO. 14 1 The matter is now before you for final 2 adoption. 3 CHAIR KASSEKERT: Thank you. 4 Any questions for Mr. Briliant? 5 COMMISSIONER EPPS: Move that we adopt 6 as published without change. 7 VICE CHAIR SOMMELING: Second. 8 COMMISSIONER FEDORKO: Second. 9 CHAIR KASSEKERT: The motion has been 10 made and seconded. All in favor? 11 (Ayes.) 12 CHAIR KASSEKERT: Opposed? 13 (No response.) 14 CHAIR KASSEKERT: Motion carries. 15 Thank you. 16 MR. BRILIANT: Thank you. 17 MR. NANCE: Item No. 14, petition of 18 Harrah's Entertainment, Inc., Harrah's 19 Operating Company, Inc., Harrah's Atlantic City 20 Operating Company, LLC, Showboat Atlantic City 21 Operating Company, LLC, Bally's Park Place, 22 Inc., and Boardwalk Regency Corp., for waiver 23 of qualification requirement for corporate 24 officer positions. 25 Miss Richardson? 55 ITEM NO. 14 1 MS. RICHARDSON: Good morning, Chair and 2 Commissioners. 3 The draft resolution on this matter for 4 waiver of qualification requirements for two 5 corporate officers was circulated to the 6 parties. 7 For the Petitioner, Tim Lowry, and for 8 the Division is Dorothy Turi. 9 CHAIR KASSEKERT: Mr. Lowry? 10 MR. LOWRY: Last but not least; right? 11 Again, for the record, Tim Lowry, 12 Harrah's. 13 Chair, this is for two positions that 14 we're seeking waivers of qualification. First 15 is for Regional Vice President of Marketing for 16 the North Nevada area, and second for the Vice 17 President Development for the Continent of 18 Asia. We don't believe either one of these 19 positions touch or concern the Atlantic City 20 market, and with that, we respectfully request 21 a waiver. 22 We have reviewed the draft resolution 23 that Miss Richardson has provided, and we 24 consent. 25 CHAIR KASSEKERT: Thank you. 56 ITEM NO. 14 1 MR. LOWRY: Thank you. 2 CHAIR KASSEKERT: Miss Turi, I'm sorry I 3 missed you before. I'm still on Ireland time, 4 so. 5 MS. TURI: I'll go to Ireland and use 6 Ireland time. Good morning again. 7 We have also reviewed the petition, the 8 representations made in the petition that these 9 individuals are specifically located and 10 concerned with specific geographic areas that 11 do not include Atlantic City, and as a result, 12 we do not object to the relief that's 13 requested. 14 We've also reviewed the draft 15 resolution, and we have no objection to its 16 entry. 17 CHAIR KASSEKERT: Thank you. 18 Any questions? 19 VICE CHAIR SOMMELING: No questions, 20 Madame Chair. 21 Madame Chair, move to approve the draft 22 resolution and waive the qualification 23 requirement pursuant to NJSA 5:12-85d(1) as to 24 Ward Bullard in the capacity of Regional Vice 25 President of Marketing, North Nevada, and Will 57 ITEM NO. 14 1 Chen, in the capacity of Vice President of 2 Development subject to the conditions stated in 3 the resolution. 4 CHAIR KASSEKERT: Is there a second? 5 COMMISSIONER FEDORKO: Second. 6 COMMISSIONER EPPS: Second. 7 CHAIR KASSEKERT: Motion has made and 8 seconded. This is a roll call vote. 9 MR. NANCE: Commissioner Fedorko? 10 COMMISSIONER FEDORKO: Yes. 11 MR. NANCE: Commissioner Epps? 12 COMMISSIONER EPPS: Yes. 13 MR. NANCE: Vice Chair Sommeling? 14 VICE CHAIR SOMMELING: Yes. 15 MR. NANCE: Chair Kassekert? 16 CHAIR KASSEKERT: Yes. 17 MR. NANCE: The record will reflect that 18 the motion is unanimous. 19 CHAIR KASSEKERT: Thank you. 20 MS. TURI: Thank you. 21 MR. LOWRY: Thank you. 22 MR. NANCE: In accordance with 23 Resolution No. 07-12-12-26, the next closed 24 session of the Commission shall be held on 25 Wednesday, December 10th, 2008, at 9:15 a.m. in 58 1 the Commission offices. 2 It is now time for the public 3 participation portion of the meeting. 4 CHAIR KASSEKERT: Is there anyone from 5 the public that wishes to be heard? 6 (No response.) 7 CHAIR KASSEKERT: Seeing no one, I'll 8 declare this portion the meeting closed and 9 entertain a motion to adjourn. 10 VICE CHAIR SOMMELING: Motion to 11 adjourn. 12 COMMISSIONER 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 Thank you. 20 (Public Meeting 08-11-12 was adjourned 21 at 11:15 a.m.) 22 23 24 25 59 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: November 16, 2008 23 My Commission Expires on July 10, 2009 24 ID No 2062871 25