1 1 STATE OF NEW JERSEY 2 CASINO CONTROL COMMISSION 3 - - - - - - - - - - - - - - - - - - - 4 5 PUBLIC MEETING NO. 09-08-05 6 7 - - - - - - - - - - - - - - - - - - - 8 9 Wednesday, August 5, 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 10:38 a.m. to 11:05 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 WILLIAM T. SOMMELING, COMMISSIONER 4 5 PRESENT FOR THE CASINO CONTROL COMMISSION: DARYL W. NANCE, ADMINISTRATIVE ANALYST 6 DANIEL J. HENEGHAN, PUBLIC INFORMATION OFFICER 7 OFFICE OF THE GENERAL COUNSEL: DIANNA W. FAUNTLEROY, GENERAL COUNSEL/EXECUTIVE 8 SECRETARY DENIS J. CORBETT, SENIOR COUNSEL 9 SETH H. BRILLIANT, SENIOR COUNSEL BERNADETTE T. FRIGEN, PROGRAM SUPERVISOR 10 DIVISION OF GAMING ENFORCEMENT: 11 DEPUTY ATTORNEYS GENERAL BRIAN C. BISCIEGLIA, DEPUTY ATTORNEY GENERAL 12 R. LANE STEBBINS, DEPUTY ATTORNEY GENERAL 13 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. 5 DENIS J. CORBETT, SENIOR COUNSEL R. LANE STEBBINS, DEPUTY ATTORNEY GENERAL 3 KAREN M. WOSNACK, ESQ. FOR: RIH ACQUISITIONS NJ, LLC 4 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. 09-08-05 2 August 5, 2009, 10:38 a.m. 3 ITEM PAGE VOTE 1 Ratification of the minutes of the 8 8 4 July 15, 2009, public meeting Ratification of the minutes of the July 8 9 5 27, 2009, special meeting 2 Applications for employee and casino 6 service industry licenses: 18 initial and/or renewal of casino key 9 9 7 and casino employee licenses 11 initial and/or renewal of casino key 10 10 8 and casino employee licenses Application of Showboat Atlantic City 10 11 9 Operating Company, LLC, seeking a two-week extension of the temporary casino key 10 employee license and temporary qualification of Alexis A. Turin as Vice President of 11 Marketing for Showboat Atlantic City Operating Company, LLC 12 3 Stipulations of settlement and consent agreements: a) Samuel W. Gullone (09-0326-EA) 11 12 13 b) Beatriz Oquendo (09-0017-EA) 11 12 c) Juan R. Rivera-Vega (09-0122-EA) 11 12 14 (a/k/a Juan Rivera) d) Patty A. Butler (08-0888-ER) 11 12 15 e) Eldwin Colon, Jr. (08-0680-EA) 11 12 f) Kirsten D. Brown (08-0977-ER) 11 12 16 g) Almondo Lopez (08-0997-ER) 11 12 h) Barbara J. Weiss (09-02789ER) 11 12 17 i) Evan F. Bell (09-0072-RC) 11 12 j) Tanay S. Ragland (09-0049-RC) 11 12 18 k) Frances R. Haque (09-0291-ER) 11 12 l) Nicholas Iezzi (09-02903-ER) 11 12 19 m) Rudy A. Castillo (08-0210-RC) 11 12 n) William R. Ryan (07-0267-RC) 11 12 20 o) Charles A. Smith, Jr. (08-0275-RC) 11 12 4 Stipulation of settlement in State v. RIH 13 15 21 Acquit ions NJ, LLC (d/b/a Atlantic City Hilton Casino Resorts (09-0055-VC) 22 5 Petition of Linda Bell for early adj. reapplication (09-0226-RA) 23 6 Applications for suspension: a) Tina M. Doughty (a/k/a Tina Hickey) 15 24 24 (09-0310-RC) sworn 17 b) Helen G. Wyatt (09-0438-RC) 25/34 28/39 25 sworn 25 5 1 CONTINUED AGENDA PUBLIC MEETING NO. 09-08-05 2 August 5, 2009, 10:38 a.m. 3 ITEM PAGE VOTE 7 Proposed adoption of amendments to NJAC 29 33 4 19:41-7.C, 9.4, 9.9, 9.9A, 9.10, 9.11A, 9.14, 12.2, 12.3, 12.5 and 12.9; 9:42-8.5; 5 19:43-5.2, 10.2, 10.4, 10.7 and 11.1; 19:51-1.2A, 1.2B, 1.5, 1.8, 1.12, 1.13 and 6 2.1; and 19:53-6.8; adopted repeals: NJAC 19:41-5.11A and 14.7 (non-gaming related 7 CSI regulations) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 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 11 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 09-08-05 was commenced 2 at 10:38 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, 2008, 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 cell phones in the public 19 meeting room while the Commission is in session 20 is prohibited. 21 Any member 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 Would everyone please stand for the 8 ITEM NO. 1 1 Pledge of 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 and enterprise license matters. 7 The Commission approved the July 15th, 8 2008, [sic] closed session minutes. 9 Litigation update regarding: Edwards 10 versus Adamar of New Jersey, Inc., et al. 11 Item No. 1, ratification of the minutes 12 of July 15th, 2009, public meeting. 13 COMMISSIONER SOMMELING: Move to 14 approve. 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 MR. NANCE: And ratification of the 23 minutes of July -- excuse me -- of the special 24 meeting minutes of July 27th, 2009. 25 COMMISSIONER SOMMELING: Move to 9 ITEM NO. 2 1 approve. 2 VICE CHAIR EPPS: 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: Application -- Item No. 2, 10 application for employee and casino service 11 industry licenses. This agenda item will be 12 entered as Exhibit List 1 and 2. 13 Exhibit List 1 consists of 18 14 applications for initial and/or renewal of 15 casino key and casino employee licenses. 16 The Division has objected to licensure. 17 VICE CHAIR EPPS: Motion to remand these 18 matters for hearings. 19 COMMISSIONER SOMMELING: Second. 20 CHAIR KASSEKERT: The motion has been 21 made and seconded. All in favor? 22 (Ayes.) 23 CHAIR KASSEKERT: Opposed? 24 (No response.) 25 CHAIR KASSEKERT: Motion carries. 10 ITEM NO. 2 1 MR. NANCE: Exhibit List 2 consists of 2 11 applications for initial and/or renewal of 3 casino key and casino employee licenses. 4 Staff and the Division have recommended 5 that these licenses be granted. 6 VICE CHAIR EPPS: I move that we grant 7 these application. 8 COMMISSIONER SOMMELING: 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: The motion carries. 15 MR. NANCE: For consideration is the 16 application of Showboat Atlantic City Operating 17 Company, LLC, seeking a two-week extension of 18 the temporary casino key employee license and 19 temporary qualification of Alexis A. Turin as 20 Vice President of Marketing for Showboat 21 Atlantic City Operating Company, LLC. 22 Staff and the Division have recommended 23 that this application be granted. 24 VICE CHAIR EPPS: I'll move this 25 extension. 11 ITEM NO. 3 1 COMMISSIONER 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: Item No. 3, stipulation of 9 settlement and consent agreements. When I call 10 your name, please come forward, stand behind 11 this middle table, spreading across the room so 12 that you may be seen: Samuel Gullone, Beatriz 13 Oquendo, Juan Rivera-Vega, Patty Butler, Eldwin 14 Colon, Jr., Kirsten Brown, Almondo Lopez, 15 Barbara Weiss, Evan Bell, Tanay Ragland, 16 Frances Haque, Nicholas Iezzi or Iezzi, Rudy 17 Castillo, William Ryan, and Charles Smith, Jr. 18 CHAIR KASSEKERT: Has everyone whose 19 name been called come forth at this point? 20 I'm going to ask you that you each state 21 your name for the record, beginning with you, 22 sir. 23 MR. BELL: Evan Bell. 24 MR. GULLONE: Sam Gullone. 25 MR. RIVERA-VEGA: Juan Rivera. 12 ITEM NO. 3 1 MR. SMITH: Charles Smith, Jr. 2 CHAIR KASSEKERT: Okay. In a moment 3 we're going to vote on the stipulations which 4 you've agreed to with the Division of Gaming 5 Enforcement. I'm going to ask at this point if 6 any of you wish to be heard on your matter. 7 You don't have to say anything if you don't 8 want to. 9 Does anyone wish to be heard? 10 (No response.) 11 CHAIR KASSEKERT: Mr. Biscieglia? 12 MR. BISCIEGLIA: Good morning. Chair, 13 Commissioners. 14 The Division has nothing further and ask 15 that the stipulations be adopted as submitted. 16 Thank you. 17 CHAIR KASSEKERT: Thank you. 18 Any questions. 19 COMMISSIONER SOMMELING: No questions, 20 Madame Chair. 21 Move to approve the stipulations. 22 VICE CHAIR EPPS: Second. 23 CHAIR KASSEKERT: The motion has been 24 made and seconded. All in favor? 25 (Ayes.) 13 ITEM NO. 4 1 CHAIR KASSEKERT: Opposed? 2 (No response.) 3 CHAIR KASSEKERT: Motion carries. 4 Thank you for coming. Good luck. 5 FROM THE FLOOR: Thank you. 6 MR. NANCE: Chair, I'd like to recall 7 Item No. 2, just for clarification in regards 8 to the extension for Alexis Turin. The 9 extension should be until August 26, 2009. 10 CHAIR KASSEKERT: Correct. Thank you. 11 MR. NANCE: Thank you. 12 Item No. 4, stipulation of settlement in 13 State versus RIH Acquisitions, New Jersey, LLC. 14 Mr. Corbett? 15 MR. CORBETT: Good morning, Chair, 16 Commissioners. 17 In the stipulation of settlement in this 18 case, the casino licensee admits the regulatory 19 violations regarding underage gambling and 20 computer users and agrees to a penalty of 21 $115,000. 22 CHAIR KASSEKERT: Thank you. 23 MS. WOSNACK: If -- oh. 24 CHAIR KASSEKERT: Mr. Stebbins, I guess 25 you actually should proceed. 14 ITEM NO. 4 1 MR. STEBBINS: Thank you, Madame Chair, 2 members of the Commission. 3 The facts are before you. Hilton has 4 admitted those facts, and I would prefer to 5 look forward rather than back on that. 6 In that regard I would take the 7 opportunity to commend Hilton and Ms. Wosnack 8 for their efforts. I would call attention 9 specifically to Paragraphs 11 through 27, 10 sixteen separate paragraphs dealing with 11 remedial steps mitigating action that embraces, 12 I think, eight departments or elements of 13 Hilton's operation. It's a very comprehensive 14 effort on the part of house counsel, and let's 15 hope it works. 16 CHAIR KASSEKERT: Thank you. 17 MR. STEBBINS: Other than that, I just 18 ask that you adopt the stipulation. 19 CHAIR KASSEKERT: Thank you. 20 Miss Wosnack? 21 MS. WOSNACK: Thank you. I have nothing 22 to add other than thank you for the kind 23 comments, and I just ask that you approve the 24 settlement. 25 CHAIR KASSEKERT: Thank you. 15 ITEM NO. 4-6 1 Any questions? 2 COMMISSIONER SOMMELING: No questions, 3 Madame Chair. 4 Move to approve the stipulation of 5 settlement and impose a civil penalty of 6 $115,000 against RIH Acquisitions, New Jersey, 7 LLC, for a violation of Commission regulations 8 regarding underage gambling and internal 9 controls governing computer users and access. 10 VICE CHAIR EPPS: 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 MS. WOSNACK: Thank you. 18 CHAIR KASSEKERT: Thank you. 19 MR. NANCE: Item No. 5 has been 20 adjourned. 21 Item No. 6, application for suspension 22 for Tina Doughty and Helen Wyatt. 23 Miss Frigen? 24 MS. FRIGEN: Madame Chair, 25 Commissioners, I would just like to bring to 16 ITEM NO. 6 1 your attention that both Miss Doughty and Miss 2 Wyatt are present this morning. 3 Miss Wyatt, have a seat. 4 The first case would concern Miss 5 Doughty. The Division has filed an application 6 to suspend her credential. 7 I would ask the Division to go first to 8 provide the basis for which to seek suspension, 9 and Miss Doughty will have an opportunity to 10 address the Commission. 11 CHAIR KASSEKERT: Mr. Biscieglia? 12 MR. BISCIEGLIA: Thank you, Chair. 13 On May 11th, 2009, the Division filed a 14 complaint seeking the revocation of the 15 Respondent's casino employee license based upon 16 her December 9th, 2008, indictment for theft by 17 deception, third degree. On March 10th, 2009, 18 the Respondent was entered into the Atlantic 19 County Pretrial Prevention Program for a period 20 of 12 months, which approximately would end on 21 March 10th of 2010. 22 On June 23rd of 2009, the Respondent was 23 granted a deferral of the criminal charges by 24 the Commission. Based upon this deferral, the 25 Division is seeking the suspension of the 17 ITEM NO. 6 1 casino employee license of the Respondent as 2 that -- due to the deferral, these charges will 3 not be looked again at -- at -- excuse me, will 4 not be looked at again until approximately 5 March of 2010. Therefore, the Division 6 believes the suspension application is 7 appropriate. 8 Thank you. 9 CHAIR KASSEKERT: Thank you. 10 Miss Doughty, what would you like to say 11 today? 12 MS. DOUGHTY: The reason why I took 13 PTI -- 14 MR. NANCE: Excuse me. 15 CHAIR KASSEKERT: Oh. I'm -- you have 16 to be sworn in. 17 MR. NANCE: Please raise your right 18 hand. 19 20 TINA M. DOUGHTY, was duly sworn to 21 testify in this matter. 22 23 MR. NANCE: Please state your name for 24 the record. 25 MS. DOUGHTY: Tina Doughty. 18 ITEM NO. 6 1 MR. NANCE: Thank you. 2 CHAIR KASSEKERT: You may proceed. 3 MS. DOUGHTY: The reason why I took PTI 4 is because I didn't have enough money for a 5 lawyer to take to trial. If I did go to trial, 6 I would have been acquitted because of the 7 evidence that I have. I didn't have any 8 criminal intent. It was -- I was behind on my 9 mortgage, and the person told me that they 10 inherited some money, and they could transfer 11 money into my account. And then I accepted to 12 borrow the money. Had I known it was stolen, I 13 wouldn't have put the money into my bank 14 account. And I have evidence here that I 15 didn't have $3,000 for a lawyer to go to trial. 16 So that's why I took the PTI. 17 CHAIR KASSEKERT: Okay. 18 MS. DOUGHTY: But if I had known that my 19 license would have been suspended, I would have 20 tried to get the money. 21 CHAIR KASSEKERT: Let me ask if any of 22 the Commissioners have any questions? 23 VICE CHAIR EPPS: Can I -- 24 CHAIR KASSEKERT: Commissioner Epps? 25 VICE CHAIR EPPS: I guess, the problem 19 ITEM NO. 6 1 we have in this matter is you can't take a plea 2 deal which basically says that you did 3 something and then come back and say, although 4 I said I did it for the purpose of taking care 5 of what I did, I didn't really do it. You 6 don't get to do it both ways. And entering 7 into PTI is along the same -- is along the same 8 line. Once you enter into an intervention 9 program, which kind of -- although PTI is 10 designed to put you in a program, and then 11 after you've come out of the program, it kind 12 of lets it go away, the underlying facts, you 13 kind of have to admit to. Once you admit to 14 those facts, they don't go away. So you then 15 can't come to another agency and say, well, I 16 only did that because it was convenient for me 17 to get past the situation that way, but it 18 didn't really happen. It either -- it always 19 has to stay the same way. 20 And we can't look past your plea or your 21 Pretrial Intervention Program, which kind of 22 wraps around the set of circumstances and then 23 hear an argument the other way to say, well, it 24 didn't really happen. I just did that out of 25 convenience. That -- we've dealt with those 20 ITEM NO. 6 1 situations over and over again here at the 2 Commission, and we're always confined to the 3 underlying circumstances because you can't -- 4 we can't play it both ways at two different 5 agencies. 6 You kind of -- it's unfortunate, but 7 you're stuck with the admission that led you 8 into the Pretrial Intervention Program. And at 9 this point you will have an opportunity when 10 you finish to have a hearing and maybe explain 11 your circumstances, but even then at that 12 hearing next March or sometime thereafter, we 13 still won't be able to escape the fact that 14 whatever circumstances that you admitted to 15 stay that way. There may be some way in March 16 that you explain the circumstances and why it 17 had to be that way, but it still can't go away. 18 You don't get to say I didn't really do it. I 19 just had to say I did it at the time. Once you 20 say you did it, that gets you into a program, 21 that's what the facts have to be. 22 MS. DOUGHTY: But I didn't say I did it 23 to my interviewer. To the PTI person. 24 CHAIR KASSEKERT: But you entered into 25 the PTI program. 21 ITEM NO. 6 1 MS. DOUGHTY: My lawyer said innocent 2 people go to PTI program, also. That's what 3 the lawyer said to me, so. I told the truth to 4 the interviewer person at the PTI. 5 VICE CHAIR EPPS: Well -- 6 CHAIR KASSEKERT: I, you know -- I 7 mean -- 8 VICE CHAIR EPPS: That was -- I mean, 9 I -- 10 MS. DOUGHTY: It wasn't anything -- I 11 didn't admit to anthing that I didn't do so -- 12 VICE CHAIR EPPS: I can't tell you 13 what -- I wasn't there with you when you 14 entered into the program. 15 MS. DOUGHTY: Right. 16 VICE CHAIR EPPS: I don't know what was 17 offered to you. I'm just giving a general 18 explanation -- 19 MS. DOUGHTY: Uh-huh. 20 VICE CHAIR EPPS: -- of how we dealt 21 with the situation in the past and what kind of 22 happens to us when we're confronted to the 23 situations. 24 MS. DOUGHTY: So you can't even look at 25 the evidence because of happened at the -- 22 ITEM NO. 6 1 VICE CHAIR EPPS: Well, see, a lot of it 2 will depend on the nature of the program that 3 lets you go around the criminal system. I 4 shouldn't "go around." That let's you divert 5 from any other trial or situation. There's a 6 set of circumstances which makes your case ripe 7 for that situation. We can't unravel those -- 8 that situation. 9 I'll hear from -- I mean, I think -- Mr. 10 Biscieglia? 11 MR. BISCIEGLIA: I just wanted to state 12 that regardless of the set of facts that led to 13 entering into PTI, and all of which will be 14 looked at during the hearing process, the facts 15 today are that the Respondent requested 16 deferral in the criminal charges. That 17 wasn't -- that was the Respondent's choice. 18 The Respondent could have proceeded with this 19 case at this time. Now, granted that PTI it's 20 much harder to proceed with your case, but that 21 is the choice that is given to Respondent. And 22 many times when a person seeks a deferral of 23 the criminal charges, they are thereby putting 24 off the Commission's and the Division's ability 25 to address these charges. And in that time 23 ITEM NO. 6 1 period when you have the allegation of a third- 2 degree disqualifier, a suspension is going to 3 be appropriate because we can't allow people to 4 request a deferral for the simple fact of 5 keeping the Division from being able to address 6 the concerns before the Commission. So when a 7 deferral is requested and granted pending 8 criminal charges, a suspension application is 9 the appropriate remedy from the Division's 10 standpoint. And historically from the 11 Commission's as well. 12 So the actually facts of the case, I 13 don't believe that they're really what's at 14 issue here today and regardless of what went 15 into the Respondent accepting the offer to 16 enter into the Pretrial Intervention Program. 17 VICE CHAIR EPPS: Well, the other point, 18 I guess, that brings up is that generally here 19 at the Commission the other thing we find 20 ourselves constrained with is facing an 21 indictment -- I mean, once there is an 22 indictment in a matter at the degree that this 23 case involved, generally the response is a 24 suspension with the -- after someone has been 25 indicted at that level. 24 ITEM NO. 6 1 MS. DOUGHTY: Okay. 2 VICE CHAIR EPPS: So -- 3 MS. DOUGHTY: So if I do get it 4 expunged, when I do get expunged in March, then 5 I still have to come back? 6 VICE CHAIR EPPS: You have a hearing 7 here at that point. You have an opportunity to 8 come back to the hearing because you deferred. 9 And then at that point everything will be heard 10 and you have a shot. 11 MS. DOUGHTY: Okay. So my license is 12 suspended till then, that's what you're saying? 13 VICE CHAIR EPPS: If the vote comes out 14 that way this morning. 15 MS. DOUGHTY: Okay. Thank you. 16 COMMISSIONER SOMMELING: Move to suspend 17 the credential, Madame Chair. 18 CHAIR KASSEKERT: Is there a second? 19 VICE CHAIR EPPS: 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. 25 ITEM NO. 6 1 MS. FRIGEN: Okay. The next case we had 2 would be Helen -- Miss Wyatt? 3 I would just bring to the Commission's 4 attention that in speaking with Miss Wyatt this 5 morning, she indicated that she should have 6 brought an attorney with her this morning to 7 address the Commission and, thus, she's seeking 8 a adjournment of her case. 9 I told her that she would have to bring 10 forward her request to the Commission, and that 11 the Division of Gaming Enforcement would have 12 an opportunity to respond to that adjournment 13 request before we get to the facts of the case. 14 CHAIR KASSEKERT: Of the case. All 15 right. 16 Ma'am, why don't you stand and be sworn 17 in. 18 Mr. Nance? 19 20 HELEN G. WYATT, was duly sworn to 21 testify in this matter. 22 23 MR. NANCE: Please state your name for 24 the record. 25 MS. WYATT: Helen Wyatt. 26 ITEM NO. 6 1 MR. NANCE: Thank you. 2 CHAIR KASSEKERT: What would you like to 3 say with respect to -- not the underlying case, 4 but the issue with respect to an attorney and 5 requesting an adjournment. 6 MS. WYATT: After I got here, I really 7 wasn't sure -- I have not talked to anyone 8 about this, not even my parents. So after I 9 got here, I'm thinking maybe I should have came 10 with a lawyer. 11 CHAIR KASSEKERT: Okay. 12 MR. BISCIEGLIA: The Division objects 13 any request for an adjournment today. The 14 facts of this case clearly set forth the 15 grounds for the application of granting of a 16 suspension application. I don't feel that the 17 Respondent's rights are going to be infringed 18 upon in any way here. We are not discussing 19 the actual -- any relevant fact matters of the 20 case. 21 As you can see from the facts, and the 22 Division will set forth if this continues past 23 this instant motion, the facts are clearly set 24 forth. Subsequent to the events of the 25 Division's complaint, the Respondent's been 27 ITEM NO. 6 1 indicted on the charges that have been set 2 forth and has also -- has a pretrial 3 intervention application pending. 4 So the criminal charges have moved along 5 subsequent to the filing of the Division's 6 complaint, and the Division feels that the 7 suspension master based on the seriousness of 8 the events should be heard today. 9 Thank you. 10 CHAIR KASSEKERT: Thank you. Okay. 11 Let me ask if any of the Commissioners 12 have any questions? 13 COMMISSIONER SOMMELING: Madame Chair, 14 move to suspend the credentials. 15 MS. FRIGEN: We have -- 16 CHAIR KASSEKERT: I think we have to 17 determine -- take a motion on the adjournment? 18 MS. FRIGEN: Yes, please. 19 CHAIR KASSEKERT: Okay. 20 VICE CHAIR EPPS: I move that we deny 21 the request for an adjournment. 22 COMMISSIONER SOMMELING: Second. 23 CHAIR KASSEKERT: The motion has been 24 made and seconded. All in favor? 25 (Ayes.) 28 ITEM NO. 6 1 CHAIR KASSEKERT: Opposed? 2 (No response.) 3 CHAIR KASSEKERT: And now we'll 4 condition continue with the -- do you have 5 anything you would like to add with respect to 6 the suspension? Mr. Biscieglia has put forth 7 the matters pertaining to your particular 8 charge. Is there anything you want to add with 9 respect to the request for a suspension? 10 MS. WYATT: No. Not at this time. 11 CHAIR KASSEKERT: Okay. 12 MS. WYATT: I'll wait to hear. 13 CHAIR KASSEKERT: Okay. 14 COMMISSIONER SOMMELING: I'll renew any 15 motion, Madame Chair, to suspend the 16 credential. 17 VICE CHAIR EPPS: Second. 18 CHAIR KASSEKERT: The motion has been 19 made and seconded. All in favor? 20 (Ayes.) 21 CHAIR KASSEKERT: Opposed? 22 (No response.) 23 CHAIR KASSEKERT: Motion carries. 24 Thank you. 25 MS. WYATT: Oh, I thought I was going to 29 ITEM NO. 7 1 hear something. So that's it? It's suspended 2 for right now? 3 CHAIR KASSEKERT: Yes. 4 MS. WYATT: Okay. 5 MR. NANCE: Item No. 7, proposed 6 adoption of amendments and adopted appeals 7 concerning nongaming-related CSI regulations. 8 Mr. Briliant? 9 MR. BRILIANT: Good morning, Madame 10 Chair and Commissioners. 11 Before you is the proposed adoption of 12 certain amendments to the Commission CSI 13 regulations. 14 These simply -- 15 CHAIR KASSEKERT: I'm sorry. Go ahead, 16 Mr. Briliant. 17 MR. BRILIANT: These would codify some 18 recent statutory amendments to the Casino 19 Control Act. 20 The proposal was published in the New 21 Jersey Register on June the 1st, 2009, and we 22 have received one comment from the Division of 23 Gaming Enforcement indicating that it did not 24 object to an adoption of the proposal if that 25 was what the Commission ultimately decided to 30 ITEM NO. 7 1 do. 2 So the matter is now before you for 3 consideration. 4 CHAIR KASSEKERT: Thank you. 5 Any questions for Mr. Briliant? 6 COMMISSIONER SOMMELING: No questions, 7 Madame Chair. 8 VICE CHAIR EPPS: Mr. Briliant, could 9 you could enlighten me or help me, refresh my 10 memory? These are part of the wish list? 11 These are steps that the industry -- we've 12 worked with the industry to kind of get to 13 streamline their effectiveness and their 14 efficiencies? Is that -- 15 MR. BRILIANT: I think it's a 16 combination of things. As you indicated, it 17 does include a few wish-list items because the 18 wish list had requested changing the financial 19 thresholds from nongaming-related CSIs. And 20 coincidentally or not, the legislation that 21 ultimately occurred in the past couple of 22 months included changes to those thresholds. 23 And, again, the wish list had included requests 24 to change some of the limits for what they call 25 NICE filings and things like that. So it's a 31 ITEM NO. 7 1 combination of the two things. But you're 2 correct. 3 We had also taken the opportunity at the 4 time to do a little housecleaning and to clean 5 up the regs so that they did match some prior 6 statutory amendments. So, hopefully, it will 7 provide greater efficiency. And certainly 8 anybody that goes to review the regulations 9 should now be a lot clearer, exactly what's 10 required, how you should go about getting 11 exemptions or filings and so on. 12 VICE CHAIR EPPS: So what impact will 13 this have on vendors? 14 MR. BRILIANT: I think it will cut the 15 present vendor list -- I don't remember the 16 exact number. I believe it would be somewhere 17 in the neighborhood of about 60 percent. So 18 that reduces our workload to some extent. 19 Hopefully, it won't change any oversight of the 20 vendors because all of the vendors are still 21 required to file vendor registrations. The 22 casinos are required to file those. So we will 23 still have a complete record of who is doing 24 business with whom and what they're doing when, 25 how much, and so on. 32 ITEM NO. 7 1 VICE CHAIR EPPS: But it certainly makes 2 it a more business-friendly environment with 3 the industry with respect to going in and doing 4 it. It makes it less onerous on businesses and 5 more business friendly? 6 MR. BRILIANT: Would it would seem so, 7 yes. 8 CHAIR KASSEKERT: And I think the -- one 9 of the most important things was the change for 10 the one-tenth of one percent of gross revenues 11 so that the companies that are really not doing 12 a huge amount of their overall business, when 13 you look at the size of them, would be exempt 14 from the some of the filings, so I think you're 15 correct, Commissioner Epps. 16 MR. BRILIANT: That's true. 17 CHAIR KASSEKERT: Yeah. 18 MR. BRILIANT: And I think, also, I've 19 been working with Mr. Storcella, Director of 20 the License Division, to prepare a application 21 form for those one-tenth of one percent 22 exemptions. So once this is published in the 23 Register and becomes effective, we'll be ready 24 to process those applications. 25 CHAIR KASSEKERT: Thank you. 33 ITEM NO. 6 1 COMMISSIONER SOMMELING: The workload on 2 the Commission is reduced substantially, too; 3 right? 4 MR. BRILIANT: Yes. 5 CHAIR KASSEKERT: And I think probably 6 the Division as well. 7 COMMISSIONER SOMMELING: The Division as 8 well. 9 CHAIR KASSEKERT: Because of the 10 investigation. 11 VICE CHAIR EPPS: Madame Chair, I move 12 that we adopt this item as published. 13 COMMISSIONER SOMMELING: Second. 14 CHAIR KASSEKERT: The motion has been 15 made and seconded. All in favor? 16 (Ayes.) 17 CHAIR KASSEKERT: Opposed? 18 (No response.) 19 CHAIR KASSEKERT: Motion carries. 20 Thank you. 21 MR. BRILIANT: Thank you. 22 MR. NANCE: Chair, I would like to 23 recall Item No. 6. Miss Frigen would like 24 to -- 25 MS. FRIGEN: Me? 34 ITEM NO. 6 1 MR. NANCE: Yes. 2 MS. FRIGEN: Okay. Thank you. Hi. 3 Madame Chair, Commissioners, Miss -- 4 I'm sorry. 5 MR. NANCE: This is in regards to Helen 6 Wyatt. 7 MS. FRIGEN: Helen Wyatt. 8 MR. NANCE: Miss Frigen? 9 MS. FRIGEN: Yes. I'm sorry. 10 This is with respect to Helen Wyatt, the 11 application for suspension that we just 12 considered. 13 As Mr. -- as Miss Wyatt was departing 14 the Commission meeting room, she expressed 15 concern that she was hoping -- she got confused 16 regarding the proceedings, and she was hoping 17 that the opportunity to address the Commission 18 after the Division had more fully articulated 19 the basis for which it was actually seeking 20 suspension of her credential. And she felt 21 frustrated because she felt she wasn't able 22 to -- 23 CHAIR KASSEKERT: Okay. 24 MS. FRIGEN: -- address those concerns 25 or the Division's allegations. So she asked 35 ITEM NO. 6 1 for the opportunity to come back before you to 2 give a chance to have the matter reheard, which 3 would require the Commission granting a motion, 4 basically to reopen the case, and then to have 5 the Division go forward with the actual details 6 of the basis for which it's seeking suspension, 7 and then for her to have the opportunity to 8 address the Commission. 9 Is that correct? 10 MS. WYATT: Yes. 11 CHAIR KASSEKERT: Okay. Is there a 12 motion to reopen? 13 VICE CHAIR EPPS: I'll move it. 14 COMMISSIONER SOMMELING: Second. 15 CHAIR KASSEKERT: The motion has been 16 made and seconded. All in favor? 17 (Ayes.) 18 CHAIR KASSEKERT: Opposed? 19 (No response.) 20 CHAIR KASSEKERT: Motion carries. 21 Okay. We'll reopen it. 22 Mr. Biscieglia? You want to -- 23 MR. BISCIEGLIA: Proceed with the case 24 or -- 25 On May 6th of 2009, the Respondent was 36 ITEM NO. 6 1 arrested and charged by the New Jersey State 2 Police Casino Enforcement and charged with 3 distribution of CDS, marijuana, fourth degree. 4 The Casino Enforcement Bureau had 5 received a tip that the Respondent who was 6 employed, and I believe is still employed as a 7 cocktail server at the Showboat Casino Hotel, 8 was selling marijuana to casino employees and 9 patrons. The Casino Enforcement Bureau 10 conducted a controlled buy with a CI in which 11 the CI arranged to buy marijuana from the 12 Respondent. The Respondent instructed the 13 confidential informant to meet her in front of 14 the Taj Mahal Hotel and Casino where she then 15 proceeded to sell the confidential informant 16 approximately one half ounce of marijuana. 17 Thank you. 18 CHAIR KASSEKERT: Thank you. 19 MR. BISCIEGLIA: Oh, and I'm sorry. As 20 I alluded to earlier, and I wanted to state 21 again, this matter has since move forward to 22 indictment. It's scheduled for status 23 conference on August 10, 2009, and there is 24 currently an application pending for pretrial 25 investigation. 37 ITEM NO. 6 1 Thank you. 2 CHAIR KASSEKERT: Miss Wyatt, I'm going 3 to remind you you are still under oath. What 4 was you like to say to us? 5 MS. WYATT: What was that first thing, 6 May 6? That very first thing you said was May 7 6th. 8 MR. BISCIEGLIA: May 6th, 2009, you were 9 arrested. 10 MS. FRIGEN: That was actually the 11 indictment date. 12 CHAIR KASSEKERT: The indictment. 13 MR. BISCIEGLIA: Oh. 14 MS. FRIGEN: I think the underlying 15 allegation -- 16 MR. BISCIEGLIA: I apologize. I 17 apologize. That was the indictment date. I 18 apologize. 19 CHAIR KASSEKERT: The indictment. Okay. 20 MS. WYATT: Okay. All I want to say is, 21 I don't know the part about selling to 22 employees and patrons. I am not a seller. I 23 have never sold. I gave that person some of my 24 own personal stuff, and that's all I wanted to 25 state is that I've been -- I'm going -- I think 38 ITEM NO. 6 1 it's going on 17 years, and I have never sold. 2 I'm not a dealer. I'm not a seller. That was 3 the first time. It was stupid. The girl kept 4 bugging me. I just gave her some of my own 5 personal use. I don't even know what the 6 amount was. Just gave her some of my own. And 7 that's all I wanted to state. I do not sell to 8 employees, nor patrons. Never have I. Except 9 for that one time. 10 MR. BISCIEGLIA: I would just like to 11 reply, according to police report, the 12 confidential informant paid $75 for the amount 13 of marijuana. 14 MS. WYATT: She begged me so much. She 15 said I don't care. Make money off of it. Do 16 whatever you want. Just -- 17 CHAIR KASSEKERT: All right. I think 18 you better -- I think you need to go and deal 19 with this from the criminal aspect before you 20 start, you know, going into too depth what 21 happened with us. 22 And as Miss Frigen probably explained to 23 you, if the proposed suspension is acted upon 24 today, you will have an opportunity as your 25 criminal matter proceeds and is handled to come 39 ITEM NO. 6 1 before us in a hearing and work with the 2 Division at that point. Okay? 3 MS. WYATT: Okay. Thank you. 4 CHAIR KASSEKERT: All right. 5 Is there a motion? 6 COMMISSIONER SOMMELING: Motion to 7 suspend. 8 VICE CHAIR EPPS: 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. NANCE: In accordance with 17 Resolution No. 08-12-10-22, the next closed 18 session of the Commission shall be held on 19 Wednesday, August 26th, 2009, at 9:15 a.m. in 20 the Commission offices. 21 It is now time for the public 22 participation portion of the meeting. 23 CHAIR KASSEKERT: Is there anyone from 24 the public who wishes to be heard? 25 (No response.) 40 1 CHAIR KASSEKERT: Seeing no one, I'll 2 declare this portion of the meeting closed and 3 entertain a motion to adjourn. 4 COMMISSIONER SOMMELING: Motion to 5 adjourn. 6 VICE CHAIR EPPS: 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. 14 (Public Meeting 09-08-05 was adjourned 15 at 11:05 a.m.) 16 17 18 19 20 21 22 23 24 25 41 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: August 8, 2009 23 My Notary Commission Expires July 22, 2014 24 ID No 2062871 25