1 1 STATE OF NEW JERSEY 2 CASINO CONTROL COMMISSION 3 - - - - - - - - - - - - - - - - - - - 4 5 PUBLIC MEETING NO. 09-02-04 6 7 - - - - - - - - - - - - - - - - - - - 8 9 Wednesday, February 4, 2009 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 10:37 a.m. to 10:44 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 MICHAEL C. EPPS, VICE CHAIR MICHAEL A. FEDORKO, COMMISSIONER 4 WILLIAM T. SOMMELING, COMMISSIONER 5 PRESENT FOR THE CASINO CONTROL COMMISSION: 6 DARYL W. NANCE, ADMINISTRATIVE ANALYST DANIEL J. HENEGHAN, PUBLIC INFORMATION OFFICER 7 8 OFFICE OF THE GENERAL COUNSEL: DIANNA W. FAUNTLEROY, GENERAL COUNSEL/EXECUTIVE 9 SECRETARY ROBERT A. MONCRIEF, COUNSEL 10 TRACY E. RICHARDSON, COUNSEL 11 DIVISION OF GAMING ENFORCEMENT: 12 DEPUTY ATTORNEYS GENERAL 13 BRIAN C. BISCIEGLIA, DEPUTY ATTORNEY GENERAL JAMES FOGARTY, DEPUTY ATTORNEY GENERAL 14 15 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. 4 TRACY E. RICHARDSON, COUNSEL JAMES FOGARTY, DEPUTY ATTORNEY GENERAL 3 FOX ROTHSCHILD NICHOLAS CASIELLO, JR., ESQ. 4 FOR: MAC CORPORATION 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 1 AGENDA PUBLIC MEETING NO. 09-02-04 2 FEBRUARY 4, 2009, 10:37 a.m. ITEM PAGE VOTE 3 1 Ratification of the minutes of the 7 7 January 21, 2009, public meeting 4 2 Applications for employee and casino service industry licenses 5 Four applications for employee and casino 7 8 service industry license remanded 6 Seven applications for employee and casino 8 8 service industry license remanded 7 Applications for initial and renewal of 10 11 casino key employee licenses and for 8 qualification of: Eric P. Fiocco, Vice President of Casino 9 Marketing for Resorts International Hotel, Inc. Chad A. Mostats, Assistant Vice President 10 of Information Technology for Adamar of New Jersey, Inc. 11 Gregory A. Schaaf, Director of Surveillance for Marina District Development Company, LLC 12 Richard R. Schneider, Vice President of Food and Beverage for Bally's Park Place, Inc. 13 3 Stipulations of settlement and consent agreements: 14 a) William E. Ball (08-0233-ER) 10 11 b) Mario R. Dominguez (08-0582-ER) 10 11 15 c) Michael E. Hyman (08-0534-ER) 10 11 d) Toni Y. Johnson (08-0824-ER) 10 11 16 e) Shamsul A. Khan (08-0467-ER) 10 11 f) Fatima M. McAllister (08-0583-ER) 10 11 17 g) Joseph D. McClendon (08-0549-ER) 10 11 h) Mary P. Wilson (08-0709-ER) 10 11 18 4 Consideration of the qualification of 11 14 William Hornbuckle to serve as President 19 and Chief Operating Officer of MAC Corporation 5 Proposed adoption of amendments to NJAC 15 15 20 19:45-1.37 (slot machines and bill changers; electronically erasable/programmable storage 21 media; identifications; signs; and meters) and NJAC 19:46-1.28A (standards for the 22 approval of a slot machine game) 23 24 25 5 1 E X H I B I T S : 2 NO. DESCRIPTION EVD 3 4 P-1 Remand for hearings 4 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 23 24 (Exhibits retained by Commission.) 25 6 1 (Public Meeting 09-02-04 was commenced 2 at 10:37 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 October 7, 2009, filed with the 10 Secretary of State at the State House in 11 Trenton, New Jersey, a notice of this hearing. 12 On October 7, 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. 7 ITEM NO. 1-2 1 The matters discussed in closed session 2 were: Employee and enterprise license matters. 3 The Commission approved the January 4 21st, 2009, closed session meeting minutes. 5 Item No. 1, ratification of the minutes 6 of January 21st, 2009, public meeting. 7 VICE CHAIR SOMMELING: Move to approve. 8 COMMISSIONER EPPS: Second. 9 COMMISSIONER FEDORKO: Second. 10 CHAIR KASSEKERT: The motion has been 11 made and seconded. All in favor? 12 (Ayes.) 13 CHAIR KASSEKERT: Opposed? 14 (No response.) 15 CHAIR KASSEKERT: Motion carries. 16 MR. NANCE: Item No. 2, applications for 17 employee and casino service industry licenses. 18 This agenda item will be entered as Exhibit 19 List 1 and 2. 20 Exhibit List 1 consists of four 21 application for initial and/or renewal of 22 casino key and casino employee licenses. 23 The Division has objected to licensure. 24 VICE CHAIR EPPS: Motion to remand for 25 hearings. 8 ITEM NO. 2 1 VICE CHAIR SOMMELING: Second. 2 COMMISSIONER FEDORKO: Second. 3 CHAIR KASSEKERT: The motion has been 4 made and seconded. All in favor? 5 (Ayes.) 6 CHAIR KASSEKERT: Opposed? 7 (No response.) 8 CHAIR KASSEKERT: Motion carries. 9 MR. NANCE: Exhibit List 2 consists of 10 initial and/or renewal of casino key and casino 11 employee licenses. 12 Staff and the Division has recommended 13 that these licenses be granted. 14 VICE EPPS: I have moved that we grant 15 the seven license applications. 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 MR. NANCE: For your consideration are 24 the following applications for initial and/or 25 renewal of initial key employee licenses and 9 ITEM NO. 2 1 qualification for: Eric P. Fiocco, Vice 2 President of Marketing -- Casino Marketing for 3 Resorts International Hotel, Inc.; Chad 4 Mostats, Assistant Vice President of 5 Information Technology for Adamar of New 6 Jersey, Inc.; Gregory Schaaf, Director of 7 Surveillance for Marina District Development 8 Company, LLC; and Richard Schneider, Vice 9 President of Food and Beverage for Bally's Park 10 Place, Inc. 11 Staff and the Division have recommended 12 that these applications be granted. 13 VICE CHAIR EPPS: I move that we grant 14 initial and renewal of key licenses and for 15 qualification. 16 VICE CHAIR SOMMELING: Second. 17 CHAIR KASSEKERT: Motion is made and 18 seconded. This is a roll call vote. 19 MR. NANCE: Commissioner Fedorko? 20 COMMISSIONER FEDORKO: Yes. 21 MR. NANCE: Commissioner Sommeling? 22 COMMISSIONER SOMMELING: Yes. 23 MR. NANCE: Vice Chair Epps? 24 VICE CHAIR EPPS: Yes. 25 MR. NANCE: Chair Kassekert? 10 ITEM NO. 3 1 CHAIR KASSEKERT: Yes. 2 MR. NANCE: The record will reflect that 3 the motion is unanimous. 4 Item No. 3, stipulation of settlements 5 and consent agreements. When I call your name, 6 please come forward, spread across the room so 7 that you may be seen: William Ball, Mario 8 Dominguez, Michael Hyman, Toni Johnson, Shamsul 9 Khan, Fatima McAllister, Joseph McClendon, and 10 Mary Wilson. 11 CHAIR KASSEKERT: Has everyone whose 12 name been called come forward at this point? 13 I'm going to ask that you each state 14 your name for the record, starting with you 15 ma'am. 16 MS. JOHNSON: Toni Johnson. 17 MS. McALLISTER: Fatima McAllister. 18 MS. HYMAN: Michael Hyman. 19 MR. BALL: William Ball. 20 MS. WILSON: Mary Pat Wilson. 21 CHAIR KASSEKERT: Thank you. 22 In a moment we are going to vote on the 23 stipulations which you've agreed to with the 24 Division of Gaming Enforcement. I'm going to 25 ask at this point if any of you wish to be 11 ITEM NO. 4 1 heard on your matter. You don't have to say 2 anything if you don't to. 3 (No response.) 4 CHAIR KASSEKERT: Okay. I'll take that 5 as a no. 6 Mr. Biscieglia? 7 MR. BISCIEGLIA: Good morning, Chair, 8 Commissioners. 9 The Division has nothing further and ask 10 that the stipulations be accepted. 11 CHAIR KASSEKERT: Thank you. 12 Any questions? 13 VICE CHAIR SOMMELING: Motion to 14 approve, Madame Chair. 15 VICE CHAIR EPPS: 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 Thank you for coming. Good luck. 23 MR. BALL: Thank you. 24 MR. NANCE: Item No. 4, consideration of 25 the qualification of William Hornbuckle to 12 ITEM NO. 4 1 serve as President and Chief Operating Officer 2 of MAC Corporation. 3 Miss Richardson? 4 MS. RICHARDSON: Good morning, Chair and 5 Commissioners. 6 A resolution was circulated to the 7 parties before today's hearing. 8 Appearing for the Petitioner is Nick 9 Casiello, and for the Division is DAG Jim 10 Fogarty. 11 CHAIR KASSEKERT: Good morning, Mr. 12 Casiello. You've cleared the room. 13 MR. CASIELLO: Good morning, Chair, 14 Commissioners. 15 I think we need to go over this 16 resolution line by line. I have a lot of 17 questions. 18 CHAIR KASSEKERT: That will be fine. 19 MR. CASIELLO: Especially about 20 punctuation. Your staff has been kind enough 21 to provide me with a copy of the draft 22 resolution and the form and content is 23 acceptable to us. 24 Thank you. 25 CHAIR KASSEKERT: Thank you. 13 ITEM NO. 4 1 Mr. Fogarty? 2 MR. FOGARTY: Good morning. 3 By letter that I authored dated January 4 16th of this year we reported favorably on Mr. 5 Hornbuckle's application for qualification. 6 I've seen the draft resolution, and I 7 have no objection to its entry. 8 CHAIR KASSEKERT: Thank you. 9 Any questions? 10 COMMISSIONER SOMMELING: No questions, 11 Madame Chair. 12 Move to approve -- 13 VICE CHAIR EPPS: I have several 14 questions. 15 CHAIR KASSEKERT: Okay. 16 COMMISSIONER FEDORKO: I have a thousand 17 questions. 18 COMMISSIONER EPPS: Counsel... 19 CHAIR KASSEKERT: This has got to be the 20 shortest meeting on record. 21 Any questions? 22 COMMISSIONER EPPS: No questions. 23 CHAIR KASSEKERT: Could I have a motion, 24 please? 25 VICE CHAIR EPPS: I move to approve the 14 ITEM NO. 4 1 resolution in Item No. 4. 2 COMMISSIONER SOMMELING: Second. 3 CHAIR KASSEKERT: Thank you. 4 We'll be finding Mr. Hornbuckle 5 qualified to serve as President, Chief 6 Operating Officer of MAC Corporation. 7 COMMISSIONER EPPS: That's what I move. 8 CHAIR KASSEKERT: Is there a second? 9 COMMISSIONER FEDORKO: Second. 10 VICE CHAIR SOMMELING: Second. 11 CHAIR KASSEKERT: The motion is made and 12 seconded. This a roll call vote. 13 MR. NANCE: Commissioner Fedorko? 14 COMMISSIONER FEDORKO: Yes. 15 MR. NANCE: Commissioner Sommeling? 16 COMMISSIONER SOMMELING: Yes. 17 MR. NANCE: Vice Chair Epps? 18 VICE CHAIR EPPS: Yes. 19 MR. NANCE: Chair Kassekert? 20 CHAIR KASSEKERT: Yes. 21 MR. NANCE: The record will reflect that 22 the motion is unanimous. 23 CHAIR KASSEKERT: Thank you. 24 MR. CASIELLO: Thank you very much. 25 MR. FOGARTY: Thank you. 15 ITEM NO. 5 1 MR. NANCE: Item No. 5, adoption of an 2 amendment to NJAC 19:45-1.37 and NJAC 3 19:46-1.28A. 4 MR. MONCRIEF: Madame Chair, members of 5 the Commission, the amendments before you were 6 temporarily adopted and proposed for 7 publication on October 29th, 2008. As of 8 today, no public comment has been received. 9 Public comment expired on January 30th. 10 The staff recommends that the amendments 11 be adopted. 12 CHAIR KASSEKERT: Thank you. 13 Any questions for Mr. Moncrief? 14 VICE CHAIR SOMMELING: Move to adopt. 15 COMMISSIONER EPPS: As published. 16 CHAIR KASSEKERT: As published. 17 Is there a second? 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: In accordance with 16 1 Resolution No. 08-12-10-22, the next closed 2 session of the Commission shall be held on 3 Wednesday, February 18th, 2009, at 9:15 a.m. in 4 the Commission offices. 5 It is now time for the public 6 participation portion of the meeting. 7 CHAIR KASSEKERT: Is there anyone from 8 the public who 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 COMMISSIONER 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 Thank you. 23 (Public Meeting 09-02-04 was adjourned 24 at 10:44 a.m.) 25 17 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: February 5, 2009 23 My Commission Expires on July 10, 2009 24 ID No 2062871 25