1 1 STATE OF NEW JERSEY 2 CASINO CONTROL COMMISSION 3 - - - - - - - - - - - - - - - - - - - 4 5 PUBLIC MEETING NO. 09-12-16 6 7 - - - - - - - - - - - - - - - - - - - 8 9 Wednesday, December 16, 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 10:34 a.m. to 11:52 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 B E F O R E : 2 CASINO CONTROL COMMISSION: LINDA M. KASSEKERT, CHAIR 3 MICHAEL C. EPPS, VICE CHAIR WILLIAM T. SOMMELING, COMMISSIONER 4 SHARON ANNE HARRINGTON, 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 J. CORBETT, SENIOR COUNSEL TERESA M. NAGENGAST, SENIOR COUNSEL 10 SETH H. BRILLIANT, SENIOR COUNSEL TRACY E. RICHARDSON, COUNSEL 11 CLAIRE FRANK, PROGRAM MANAGER BERNADETTE T. FRIGEN, PROGRAM SUPERVISOR 12 SANDRA DeLIA, LEGAL SUPPORT SPECIALIST 13 DIVISION OF GAMING ENFORCEMENT: DEPUTY ATTORNEYS GENERAL 14 JOHN E. ADAMS, JR., DEPUTY ATTORNEY GENERAL BRIAN C. BISCIEGLIA, DEPUTY ATTORNEY GENERAL 15 TIMOTHY C. FICCHI, DEPUTY ATTORNEY GENERAL MARY JO FLAHERTY, DEPUTY ATTORNEY GENERAL 16 CHARLES F. KIMMEL, DEPUTY ATTORNEY GENERAL LOUIS ROGACKI, DEPUTY ATTORNEY GENERAL 17 DOROTHY TURI, DEPUTY ATTORNEY GENERAL R. LANE STEBBINS, DEPUTY ATTORNEY GENERAL 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 DOROTHY TURI, DEPUTY ATTORNEY GENERAL 3 N. LYNN HUGHES, ESQ. FOR: HARRAH'S ENTITIES 4 ITEM NO. 6 DENIS J. CORBETT, SENIOR COUNSEL 5 R. LANE STEBBINS, DEPUTY ATTORNEY GENERAL N. LYNN HUGHES, ESQ. 6 FOR: HARRAH'S ATLANTIC CITY OPERATING COMPANY, LLC 7 ITEM NO. 11 TERESA M. NAGENGAST, SENIOR COUNSEL 8 LOUIS ROGACKI, DEPUTY ATTORNEY GENERAL MARIE JONES, ESQ. 9 FOR: RESORTS INTERNATIONAL HOTEL, INC. 10 ITEM NO. 13 TRACY E. RICHARDSON, COUNSEL MARY JO FLAHERTY, DEPUTY ATTORNEY GENERAL 11 FOX ROTHSCHILD, LLP PATRICK MADAMBA, ESQ. 12 FOR: INFINITY WORLD INVESTMENTS, LLC, AND INFINITY WORLD (CAYMAN) LP 13 ITEM NO. 14 CLAIRE FRANK, PROGRAM SUPERVISOR 14 DOROTHY TURI, DEPUTY ATTORNEY GENERAL STERNS WEINROTH, PC 15 PAUL M. O'GARA, ESQ. FOR: HARRAH'S ENTITIES 16 ITEM NO. 16 SETH H. BRILIANT, SENIOR COUNSEL 17 CHARLES F. KIMMEL, DEPUTY ATTORNEY GENERAL LEVINE, STALLER, SKLAR, CHAN, BROWN 18 & DONNELLY SCOTT MITNICK, ESQ. 19 FOR: CASH FOR LIFE TRUST 20 ITEM NO. 21 TRACY E. RICHARDSON, COUNSEL MARY JO FLAHERTY, DEPUTY ATTORNEY GENERAL 21 STERNS WEINROTH, PC PAUL M. O'GARA, ESQ. 22 FOR: RAC ATLANTIC CITY HOLDINGS, INC. 23 24 25 4 1 AGENDA PUBLIC MEETING NO. 09-12-16 2 DECEMBER 16, 2009, 10:34 a.m. ITEM PAGE VOTE 3 1 Ratification of the minutes of the 10 10 December 2, 2009, public meeting 4 Special meeting of November 19, 2009 10 10 2 Applications for employee and casino 5 service industry licenses 11 initial and/or renewal of casino key 11 11 6 and casino employee licenses 2 initial and/or renewal of casino key 12 12 7 and casino employee licenses Application for casino service industry 11 12 8 license for Studio New York, Inc., pursuant to NJSA 5:12-92(c) 9 Application for casino service industry 12 13 license of Trend Lighting Corporation 10 pursuant to NJSA 5:12-92(c) Applications for initial and/or renewal of 13 14 11 casino key employee licenses and for qualification: 12 Jane M. Hart, Vice President of Casino Marketing for Showboat Atlantic City Operating 13 Company, Inc. James M. Ziereis, Vice President of Convention 14 & Hotel Sales for Bally's Park Place, Inc. 3 Stipulations of settlement and consent agreements: 15 a) Betty A. Mcintosh (09-0504-EA) 14 16 b) Luis A. Nolasco (09-0352-ER) 14 16 16 c) Steven P. Hill (09-0558-EA) 14 16 d) Rhonda M. Craig (09-0535-ER) 14 16 17 e) Priscilla L. Simmons (09-0534-ER) 14 16 f) Barry L. Pulley (09-0497-RC) 15/86 25/88 18 Sworn 17 g) Tesla D. Morales (09-0487-VC) 14 16 19 4 Stipulation of settlement in State v. 28 29 Christopher Lee 20 5 Stipulation of settlement in State v. 29 33 Marina Associates, Harrah's Atlantic City 21 Operating Company, LLC, Atlantic City Showboat, Inc., Showboat Atlantic Operating 22 Company, LLC, and Bally's Park Place, Inc., et al. (08-0419-VC) 23 6 Stipulation of settlement in State v. 33 37 Harrah's Atlantic City Operating Company, 24 LLC, et al., (Cynthia Minissa, Paul Onacilla) (09-0305-VC) 25 7 Petition of Giovanni Rivera for early 37 39 Reapplication 5 1 CONTINUED AGENDA PUBLIC MEETING NO. 09-12-16 2 DECEMBER 16, 2009, 10:34 a.m. ITEM PAGE VOTE 3 8 Final hearing concerning the exclusion of 39 41 Edward J. Sobol 4 9 Application for suspension: a) Johnny S. Wright (09-0695-RC) 41 43 5 b) Joseph L. Callender (09-0696-RC) 41 43 c) Teodoro R. Samin (09-0622-RC) 41 43 6 d) Jose Pares-Rivera (09-0697-RC) 41 43 10 Petition of Double D. Gaming, Inc., for 43 69 7 declaratory ruling (PRN 2240901) Martin Caplan, Sworn 44 8 11 Petition of Resorts International Hotel, 70 72 Inc., Atronic Americas, LLC, and Atronic 9 International, GMBH for permission to conduct business (PRN 2320903) 10 12 Petition of Tropicana Entertainment 73 74 Holdings, LLC, and Tropicana Entertainment, 11 LLC, to withdraw applications of Robert Kocienski, Riad Shalaby, Karin Brugler, 12 and Robert Baldwin (PRN 3280901) 13 Joint petition of Infinity World 75 77 13 Investments, LLC, and Infinity World (Cayman) LP for a three-month extension of 14 the interim casino authorization pursuant to NJSA 5:12-95.16 (PRN 3340904) 15 14 Petition of Harrah's Entertainment, Inc., 81 85 Harrah's Operating Company, Inc., Harrah's 16 Atlantic City Operating Company, LLC, Showboat Atlantic City Operating Company, 17 LLC, Bally's Park Place, Inc., and Boardwalk Regency Corporation requesting an extension 18 of time pursuant to NJAC 19:43-2.7(d)2 for Timothy Donovan to continue to exercise the 19 powers of Senior Vice President and General Counsel of Harrah's Entertainment, Inc., and 20 Harrah's Operating Company, Inc., prior to qualification (PRN 3230902) 21 15 Proposed readoption of NJAC 19:40 85 86 (general provisions) 22 16 Petition of Atlantic City Cash For Life 89 92 Trust for permission to terminate and dissolve 23 the Atlantic City Cash For Life Trust and to permit the creation of a Cash For Life 24 Subtrust to be administered by the Atlantic City Millionaire 7th Trust (PRN 3200904) 25 6 1 CONTINUED AGENDA PUBLIC MEETING NO. 09-12-16 2 DECEMBER 16, 2009, 10:34 a.m. ITEM PAGE VOTE 3 17 Proposed temporary adoption and 92 93 publication of amendments to NJAC 19:45-1.12 4 (Minimum staffing and breaks for pit boss) 18 Proposed temporary adoption of amendments 93 94 5 to NJAC 19:45-1.20 (table inventory container, reserve chip compartment) 6 19 Petition of Harrah's Entertainment, Inc., adj. Harrah's Operating Company, Inc., Bally's 7 Park Place, Inc., Boardwalk Regency Corporation, Showboat Atlantic City Operating Company, LLC, 8 and Harrah's Atlantic City Operating Company, LLC, for permission to: Offer non-cashable 9 electronic slot credits; permit employees of Harrah's Entertainment, Inc., to create 10 and load compute code for Harrah's casino licensees and to revise and consolidate its 11 MIS Help Desk staffing and procedures (PRN 2050901) 12 20 Proposed adoption of resolution concerning 94 95 closed sessions for public meetings scheduled 13 for the year 2010 21 Petition of RAC Atlantic City Holdings, 78 81 14 LLC, for permission to allow a mortgage lien upon property owned by RAC Atlantic City 15 Holdings, LLC (PRN 3490901) 16 17 18 19 20 21 22 23 24 25 7 1 E X H I B I T S : 2 NO. DESCRIPTION EVD 3 4 P-1 Remand for hearings 11 license X 5 P-2 Grant 2 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 8 1 (Public Meeting 09-12-16 was commenced 2 at 10:34 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 9 1 Pledge of Allegiance. 2 (The flag salute was recited.) 3 CHAIR KASSEKERT: Good morning. 4 Before I have Daryl read the opening 5 comments, I just wanted to on behalf of the 6 Commissioners extend my best wishes for a happy 7 and -- happy and healthy holiday season. 8 And I also wanted to mention that our 9 staff here at the Commission has been 10 collecting food and paper products and personal 11 care items for the Atlantic City Rescue 12 Mission. Most of my staff is upstairs working, 13 but to those that are here, I want to say thank 14 you. We're going to be boxing those 15 collections up this afternoon, and each of the 16 members of our staff out at the casinos also 17 contributed. And it was a really great effort, 18 and I was very pleased that we could share the 19 holiday Spirit with those who really are less 20 fortunate. 21 Mr. Nance? 22 MR. NANCE: Good morning. 23 The matters discussed in closed session 24 were: Employee and enterprise license matters. 25 The Commission approved the December 10 ITEM NO. 1 1 2nd, 2009, closed session minutes. 2 Item No. 1, ratification of the minutes 3 of December 2nd, 2009, public meeting. 4 COMMISSIONER HARRINGTON: So moved. 5 CHAIR KASSEKERT: Is there a second? 6 VICE CHAIR EPPS: I'll second. 7 CHAIR KASSEKERT: Okay. The motion has 8 been made and seconded. All in favor? 9 (Ayes.) 10 CHAIR KASSEKERT: Opposed? 11 (No response.) 12 CHAIR KASSEKERT: The motion carries. 13 COMMISSIONER SOMMELING: I'll abstain. 14 CHAIR KASSEKERT: Commissioner Sommeling 15 abstains. 16 MR. NANCE: Ratification of the special 17 meeting minutes of November 19th, 2009. 18 VICE CHAIR EPPS: I'll move those for 19 approval. 20 COMMISSIONER SOMMELING: Second. 21 CHAIR KASSEKERT: The motion has been 22 made and seconded. All in favor? 23 (Ayes.) 24 CHAIR KASSEKERT: Opposed? 25 (No response.) 11 ITEM NO. 2 1 CHAIR KASSEKERT: The motion carries. 2 MR. NANCE: Item No. 2, application for 3 employee and casino service industry licenses. 4 This agenda item will be entered as 5 Exhibit List 1 and 2. 6 Exhibit List 1 consists of 11 7 applications for initial and/or renewal of 8 casino key and casino employee licenses. 9 The Division has objected to licensure. 10 VICE CHAIR EPPS: I move that we remand 11 these matters for hearing. 12 COMMISSIONER SOMMELING: Second. 13 CHAIR KASSEKERT: The motion has been 14 made and seconded. All in favor? 15 (Ayes.) 16 CHAIR KASSEKERT: Opposed? 17 (No response.) 18 CHAIR KASSEKERT: Motion carries. 19 MR. NANCE: For consideration is the 20 casino service industry license application of 21 Studio New York, Inc., pursuant to NJSA 22 5:12-92(c). 23 The Division have objected to this 24 application. 25 VICE CHAIR EPPS: I move that we remand 12 ITEM NO. 2 1 this matter for hearing. 2 COMMISSIONER HARRINGTON: 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 two applications for initial and/or renewal of 11 casino key and casino employee licenses. 12 Staff and the Division has recommended 13 that this -- these licenses be granted. 14 VICE CHAIR EPPS: I move that we grant 15 the two 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 consideration is the 24 casino service industry license application of 25 Trend Lighting Corporation, pursuant to NJSA 13 ITEM NO. 2 1 5:12-92(c). 2 Staff and the Division have recommended 3 that this application be granted. 4 COMMISSIONER HARRINGTON: I'll move that 5 we grant this application. 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 MR. NANCE: For consideration are the 14 following applications for initial and/or 15 renewal of casino key employee licenses and for 16 qualification: For Jane M. Hart, Vice 17 President of Casino Marketing for Showboat 18 Atlantic City Operating Company, Inc.; and 19 James Ziereis, Vice President of Convention and 20 Hotel Sales for Bally's Park Place, Inc. 21 Staff and the Division have recommended 22 these applications wee granted. 23 VICE CHAIR EPPS: Move that we grant the 24 initial renewal of key license and 25 qualification. 14 ITEM NO. 3 1 COMMISSIONER SOMMELING: Second. 2 CHAIR KASSEKERT: Motion is made and 3 seconded. This is a roll call vote. 4 MR. NANCE: Commissioner Harrington? 5 COMMISSIONER HARRINGTON: Yes. 6 MR. NANCE: Commissioner Sommeling? 7 COMMISSIONER SOMMELING: Yes. 8 MR. NANCE: Vice Chair Epps? 9 VICE CHAIR EPPS: Yes. 10 MR. NANCE: Chair Kassekert? 11 CHAIR KASSEKERT: Yes. 12 MR. NANCE: The record will reflect that 13 the motion is unanimous. 14 Item No. 3, stipulation of settlement 15 and consent agreements. When I call your name, 16 please come forward, standing behind the center 17 table, spreading across the room so that you 18 may be seen: Betty Mcintosh, Luis Nolasco, 19 Steven Hill, Rhonda Craig, Priscilla Simmons, 20 Barry Pulley, and Tesla Morales. 21 CHAIR KASSEKERT: Thank you. 22 Has everyone whose name been called come 23 forward at this point? 24 I'm going to ask that you each state 25 your name for the record, starting with you, 15 ITEM NO. 3 1 sir. 2 MR. NOLASCO: Luis Nolasco. 3 MS. SIMMONS: Priscilla Simmons. 4 MR. HILL: Steven Hill. 5 CHAIR KASSEKERT: Okay. In a moment 6 we're going to vote on the stipulations which 7 you've agreed to with the Division of Gaming 8 Enforcement. I'm going to ask at this point if 9 any of you wish to be heard on your matter. 10 You don't have to say anything if you if you 11 don't want to. 12 Does anyone wish to be heard? 13 MR. HILL: No. 14 MS. SIMMONS: No. 15 MR. NOLASCO: No, ma'am. 16 CHAIR KASSEKERT: Mr. Biscieglia? 17 MS. FAUNTLEROY: Madame Chair, I believe 18 Mr. Pulley has a request for the Commission. 19 He would like to have the Commission consider 20 adjourning his matter today. 21 CHAIR KASSEKERT: Okay. We'll call him 22 separately then. We'll do these stipulations 23 with the exception of, F, Barry L. Pulley. 24 Mr. Biscieglia? 25 MR. BISCIEGLIA: Thank you. Good 16 ITEM NO. 3 1 morning, Chair, Commissioners. 2 The Division has nothing further in 3 regard to these stipulations of settlement and 4 ask they be approved as submitted. 5 Thank you. 6 CHAIR KASSEKERT: Thank you. 7 Any questions? 8 COMMISSIONER SOMMELING: Madame Chair, I 9 move to approve the stipulations with the 10 exception of F. 11 COMMISSIONER HARRINGTON: 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 for coming. Good luck. 19 MR. NOLASCO: Thank you. 20 MS. SIMMONS: Thank you. 21 MR. HILL: Happy holidays. 22 CHAIR KASSEKERT: Thank you. You, too. 23 Mr. Pulley, we're going to swear you in. 24 Mr. Nance? 25 17 ITEM NO. 3 1 BARRY L. PULLEY, was duly sworn to 2 testify in this matter. 3 4 MR. NANCE: Please state your name for 5 the record. 6 MR. PULLEY: Barry L. Pulley. 7 MR. NANCE: Thank you. 8 You may be seated. 9 CHAIR KASSEKERT: Mr. Pulley, what would 10 you like to say today? 11 MR. PULLEY: Just that -- as I mentioned 12 to Miss Bernadette and spoke with counsel, I 13 just wanted an opportunity to present the 14 documentation that I had at the preconference 15 hearing. Not with the expectation of 16 overturning the matter, but just to present my 17 side and, hopefully, give some perspective to 18 it. 19 CHAIR KASSEKERT: Okay. So -- so you 20 did not enter into a stipulation of settlement 21 with the Division? 22 MR. PULLEY: I did. 23 CHAIR KASSEKERT: You did. 24 MR. PULLEY: I did. Upon those 25 discussions, it was mentioned to me -- the 18 ITEM NO. 3 1 impression I was given that based on the 2 legalities involved, it was pretty much 3 straightforward, and there wasn't any need for 4 me to present the documentation. I had it with 5 me, and so the envelope was never opened. And 6 I just wanted that opportunity as a matter of 7 course and procedure. 8 CHAIR KASSEKERT: Okay. Do you -- will 9 this document -- do you believe this 10 documentation is going to change the Division's 11 stipulation with you? Or you just want the 12 opportunity to show it to them? 13 MR. PULLEY: Well, I'm hopeful. If it 14 doesn't, I'm okay with that conclusion as well. 15 But I would just like to -- I don't think it 16 would hurt to present it. And that's all, you 17 know. 18 CHAIR KASSEKERT: Commissioner Epps? 19 VICE CHAIR EPPS: I just want to be 20 clear that you understand. Right now you have 21 a settlement that was kind of agreed to. 22 MR. PULLEY: Right. 23 VICE CHAIR EPPS: If you don't want to 24 proceed with that settlement, you run the risk 25 of not being successful in presenting your 19 ITEM NO. 3 1 documents and then being -- you end up stuck 2 with whatever consequences come forth that 3 could be more stringent than the settlement 4 that you agreed to. What you're saying is 5 you're willing to take that chance. Is that 6 accurate or no? Because I think what you seem 7 to be saying is you want to present your 8 paperwork, and if it doesn't work out, then 9 you'll take the settlement. But that -- I 10 don't think that's -- 11 CHAIR KASSEKERT: That might not be the 12 case. 13 VICE CHAIR EPPS: That's not how it 14 works. 15 MR. PULLEY: Right. 16 VICE CHAIR EPPS: If you don't want to 17 do the settlement, then it goes away. You take 18 your chances. It could be way more -- it could 19 be more harsh than what you've agreed to with 20 the settlement. 21 MR. PULLEY: Right. 22 VICE CHAIR EPPS: If you were to take 23 that risk. That's up to you. But I just want 24 you to be clear about what you're choosing to 25 do. 20 ITEM NO. 3 1 MR. PULLEY: Right. 2 VICE CHAIR EPPS: If you want to go away 3 from the settlement, then the settlement goes 4 away, and it doesn't come back if not -- it 5 doesn't necessarily come back if they're not 6 satisfied with what you present. 7 MR. PULLEY: Right. 8 VICE CHAIR EPPS: You understand that? 9 MR. PULLEY: Sure. 10 VICE CHAIR EPPS: Oh, okay. I just want 11 to -- 12 MR. PULLEY: I understand. I mean, to 13 be quite frank, my concern is more in the near 14 term than long term. I -- I appreciated the 15 settlement offer. I thank you for clarifying. 16 I wasn't quite aware that was contingent on me 17 just accepting the settlement without 18 documentation being presented. And that was, 19 you know -- if that be the case, then I don't 20 have a problem with settling on it today, 21 either. I just thought that the documentation 22 being presented was just a matter of course and 23 procedure even with the settlement. I wasn't 24 aware that it was just, this is the settlement, 25 you know, and that's what it's going to be. So 21 ITEM NO. 3 1 if that be the case, I don't have a problem 2 with settling on the matter today, either. I 3 just thought it was a matter of procedure. 4 Because the documentation I got for the 5 preconference hearing stated, you know, bring 6 all relevant documentation that may help your 7 matter. So I did that, and I wasn't given an 8 opportunity to present it. Maybe that's 9 because the settlement was irregardless of 10 that. So maybe you just clarified that for me. 11 I wasn't quite aware of that. So that's okay. 12 VICE CHAIR EPPS: I didn't necessarily 13 clarify because that was me trying to make sure 14 you understand. 15 MR. PULLEY: I understand it. 16 VICE CHAIR EPPS: Maybe Mr. Biscieglia 17 can add to that. Is that inaccurate or -- 18 MR. BISCIEGLIA: I would add that this 19 was a settlement matter that was entered into 20 based upon an April 3rd, 2009, conviction for a 21 third-degree disqualifier. Based upon the 22 recent time of the conviction, the Division 23 made a settlement offer to the Respondent at 24 the first conference. As you're aware, when we 25 have issues, the further along we get along in 22 ITEM NO. 3 1 time from the convictions, character reference 2 letters, rehabilitation evidence, things of 3 that nature can come into play to, you know, 4 support the Respondent's position. However, in 5 a matter with such -- I believe with the first 6 settlement conference occurred -- well, really, 7 I wouldn't be -- I'm just trying to see if the 8 date is here. Probably somewhere maybe in July 9 or August. There was no settlement offer that 10 the Division could make to Mr. Pulley that 11 would a -- that would find rehabilitation or 12 find a waiver or find noncredential. So 13 usually in those circumstances, I'm not going 14 to require the character letters and stuff of 15 that nature because, at the end of the day, the 16 offer is what it is based on the recent 17 conviction. And he's not going to -- based on 18 the Division's analysis of the matter, the 19 Respondent's not going to be able to prove 20 their rehabilitation at this point. 21 So I would say that file -- I don't 22 think any information is supplied in the form 23 of letters or letter from Mr. Pulley would have 24 changed anything in regard to this matter. I 25 don't want to say they're irrelevant. 23 ITEM NO. 3 1 CHAIR KASSEKERT: Sure. 2 MR. BISCIEGLIA: Because I don't want to 3 say Mr. Pulley's statements don't have any 4 relevancy to the matter. But they really 5 didn't have a relevancy to the settlement 6 matter that the Division offered because, based 7 on the fact that this was such a recent 8 conviction, this is pretty much the offer the 9 Division would have to go with and the only 10 thing that can be offered. 11 I don't want to put me in a position 12 where I'm going to say I'm declining somebody 13 their right to be heard. 14 CHAIR KASSEKERT: Right. 15 MR. BISCIEGLIA: But I would say that I 16 do feel that there were two or three settlement 17 conferences -- at least two, possibly three. 18 MR. PULLEY: Two, 19 MR. BISCIEGLIA: Two? Okay. We'll say 20 there's two settlement conferences with the 21 Respondent. 22 I will say that the matter, the 23 stipulation was fully explained to the 24 Respondent. And I think the term -- I don't 25 think there was any kind of confusion or 24 ITEM NO. 3 1 anything regarding the terms. And I would say 2 if this matter was to go back into the hearing 3 process, from the Division's standpoint, 4 nothing would change irregardless of the 5 information that's provided. This offer would 6 remain the offer. And if the offer was chosen 7 not to be accepted, the Respondent would have 8 to choose a hearing or one of his other avenues 9 of his case. Because anything that would be 10 submitted based on the fact that we have a 11 conviction that's only about seven months old 12 for a third-degree disqualifier would not have 13 an impact upon the Division's settlement offer. 14 CHAIR KASSEKERT: Okay. 15 MR. BISCIEGLIA: So that -- that's -- 16 I'll leave the decision to the Commission. 17 CHAIR KASSEKERT: Sure. 18 MR. BISCIEGLIA: But from the Division's 19 standpoint, I don't know if -- I don't think 20 anything changes. 21 CHAIR KASSEKERT: Okay. 22 MR. BISCIEGLIA: Nothing changes. 23 CHAIR KASSEKERT: Okay. Mr. Pulley, did 24 you understand what Mr. Biscieglia just said? 25 MR. PULLEY: Yes. 25 ITEM NO. 3 1 CHAIR KASSEKERT: Okay. 2 MR. PULLEY: I -- 3 CHAIR KASSEKERT: Is this -- let me just 4 ask you. Is this documentation -- are these 5 letters of reference, reference from other 6 people? Is this a letter from you? Tell me 7 just a little bit about what you have. 8 MR. PULLEY: I have a letter that I 9 wrote. I also have a letter from a pastor who 10 I did some community service that was 11 stipulated. 12 CHAIR KASSEKERT: Okay. 13 MR. PULLEY: I have a letter from 14 Lighthouse, intensive outpatient treatment for 15 my substance abuse issues as well as, you know, 16 a letter from my son's mother, you know, her 17 reflecting on the impact of it. You know, as 18 far as providing for him and the progress I've 19 made in the last year. 20 The only other thing I would say is 21 that -- and he did bring it to my attention at 22 the preconference hearing. Initially I was 23 under the impression -- I had been in the 24 position for over a year before, you know, it 25 came to the Commission's attention. And so 26 ITEM NO. 3 1 from that standpoint, I was looking at it from 2 over a year removed from it. Now, granted he's 3 looking at it -- or the Commission is from the 4 point of the conviction, which I certainly 5 understand as well. 6 CHAIR KASSEKERT: Uh-hum. 7 MR. PULLEY: And so when I came, that 8 was the standpoint I was coming from. It was 9 over a year, and a lot of things had transpired 10 and had bettered me. And I had evidence to 11 show that, and so I thought it would be from 12 that angle time wise. But if it's from the 13 date of the conviction, I understand that as 14 well. 15 CHAIR KASSEKERT: Okay. 16 MS. FAUNTLEROY: Madame Chair, if I may 17 suggest if the Commission would consider this 18 request for adjournment that would allow Mr. 19 Pulley and Mr. Biscieglia to further discuss -- 20 not necessarily revisit the settlement, but if 21 Mr. Pulley has information he wishes to attach 22 to the settlement, perhaps that can be 23 presented to Mr. Biscieglia for consideration. 24 CHAIR KASSEKERT: Surely. I'll 25 entertain that motion. 27 ITEM NO. 3 1 COMMISSIONER SOMMELING: I'll make a 2 motion, Madame Chair. 3 CHAIR KASSEKERT: Is there a second? 4 COMMISSIONER HARRINGTON: Second. 5 CHAIR KASSEKERT: The motion has been 6 made and seconded. All in favor? 7 (Ayes.) 8 CHAIR KASSEKERT: Opposed? 9 (No response.) 10 CHAIR KASSEKERT: The motion carries. 11 Mr. Pulley, what we've done is we've 12 allowed you to adjourn this, and you can 13 present that additional information so you feel 14 well satisfied. I think Commissioner Epps sort 15 of explained where this could be going because 16 we're going to give you that opportunity to do 17 so. 18 MR. PULLEY: Sure. Thank you. 19 CHAIR KASSEKERT: Okay? 20 MS. FAUNTLEROY: Adjourned for the next 21 meeting. 22 CHAIR KASSEKERT: Adjourned to the next 23 meeting, so that would be January -- 24 MS. FAUNTLEROY: 6th. 25 MR. NANCE: 6th. 28 ITEM NO. 4 1 CHAIR KASSEKERT: 2010. So you need to 2 discuss this with Mr. Biscieglia in a pretty 3 quick fashion. 4 MR. PULLEY: Sure. 5 CHAIR KASSEKERT: Okay? Thank you. 6 MR. NANCE: Item No. 4, stipulation of 7 settlement in State versus Christopher Lee. 8 Miss Nagengast? 9 MS. NAGENGAST: Good morning, Chair, 10 Commissioners. 11 CHAIR KASSEKERT: Good morning. 12 MS. NAGENGAST: Before I present the 13 matter, let me just ask if Mr. Lee is present 14 or represented? 15 (No response.) 16 MS. NAGENGAST: He is not. 17 Pursuant to the terms of the 18 stipulation, Mr. Lee has agreed to a civil 19 penalty of $250 for this violation of Section 20 100 of the Casino Control Act. 21 CHAIR KASSEKERT: Thank you. 22 MS. NAGENGAST: Mr. Biscieglia is here 23 on behalf of the Division. 24 CHAIR KASSEKERT: Thank you. 25 Mr. Biscieglia? 29 ITEM NO. 5 1 MR. BISCIEGLIA: Nothing further of this 2 matter and just ask that the stipulation be 3 approved as stipulated. 4 CHAIR KASSEKERT: Thank you. 5 Any questions? 6 COMMISSIONER SOMMELING: Madame Chair, 7 move to approve the stipulation of settlement 8 and impose a civil penalty against John M. Lee. 9 CHAIR KASSEKERT: It's Christopher Lee. 10 COMMISSIONER SOMMELING: Christopher Lee 11 for violation of NJSA 5:12-100(o) of the Act. 12 CHAIR KASSEKERT: Is there a second? 13 VICE CHAIR EPPS: Second. 14 COMMISSIONER HARRINGTON: 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: The motion carries. 21 Thank you. 22 MR. NANCE: Item No. 5, stipulation of 23 settlement in State versus Marina Associates, 24 Harrah's Atlantic City Operating Company, LLC, 25 Atlantic City Showboat, Inc., Showboat Atlantic 30 ITEM NO. 5 1 City Operating Company, LLC, and Bally's Park 2 Place, Inc., et al. 3 Mr. Corbett? 4 MR. CORBETT: Which number? 5 All right. Chair, Commissioners, in the 6 stipulation of settlement in this case the 7 Respondents admit the regulatory violations 8 regarding the filing of timely notifications 9 regarding the qualifiers and agree to a penalty 10 of $50,000. 11 Miss Hughes is here for the Respondents. 12 Miss Turi for the Division. 13 CHAIR KASSEKERT: Good morning, Miss 14 Hughes. 15 MS. HUGHES: Good morning. 16 On behalf of Bally's, Caesars, Showboat, 17 and Harrah's, I want to first thank Miss Turi 18 in aiming towards this resolution. I've 19 reviewed the proposed motion of dismissal -- or 20 settlement -- dismissal? Huh? 21 VICE CHAIR EPPS: Good try. 22 MS. HUGHES: It's been a long time. 23 And ask that you approve it. 24 Thank you. 25 CHAIR KASSEKERT: Thank you. 31 ITEM NO. 5 1 Miss Turi? 2 MS. TURI: Good morning, Madame Chair, 3 Commissioners. 4 Just briefly, in perspective, the four 5 Harrah's casinos at this point have 181 6 qualifiers, 89 of which are waived. It is a 7 challenge to keep track of all the qualifiers, 8 which lead to some of the issues that underly 9 this particular complaint and amended 10 complaint. 11 We now have worked through this, and 12 Harrah's has set up now a procedure that is 13 both written and electronically transmitted 14 both to the casinos and Miss Hughes and myself, 15 and we're satisfied that we can now have a 16 better handle on where the qualifiers are, who 17 the qualifiers are, and the changes of the 18 qualifiers. And we believe that this 19 stipulation of settlement is a fair and a 20 reasonable settlement in this matter. 21 And we urge that you approve the 22 stipulation. 23 Thank you. 24 CHAIR KASSEKERT: Thank you. 25 Miss Turi, I know that those factors are 32 ITEM NO. 5 1 sort of laid out in Paragraphs 9 through 16 of 2 the stipulation. So they have been working 3 now, this whole process that's been put into 4 place? 5 MS. TURI: Yes. They have been working. 6 CHAIR KASSEKERT: Good. 7 MS. TURI: On a daily basis I get an 8 e-mail that tells me the different changes that 9 are going on. I also get written notification 10 from Miss Hughes and from the legal staff in 11 Atlantic City within the required amount of 12 time. And we're satisfied that the system is 13 working. A blip here and there is not a 14 problem when it comes to it. It's just there 15 were a few more blips that were happening from 16 2005 to 2007 which prompted the filing of the 17 complaints. But at this point, the system 18 seems to be working very well. 19 CHAIR KASSEKERT: Very good. Thank you. 20 Any other questions for the parties? 21 COMMISSIONER SOMMELING: No questions, 22 Madame Chair. 23 COMMISSIONER HARRINGTON: No. 24 VICE CHAIR EPPS: Madame Chair, I move 25 that we approve the stipulation of settlement 33 ITEM NO. 5 1 and impose a civil penalty of $50,000 against 2 Marina Associates, Harrah's, Atlantic City 3 Operating Company, LLC, Atlantic City Showboat, 4 Inc., Showboat Atlantic City Operating Company, 5 LLC, and Bally Park Place, Inc., et al., for 6 violation of Commission regulations regarding 7 failure to file timely notifications regarding 8 qualifiers. 9 COMMISSIONER SOMMELING: Second. 10 CHAIR KASSEKERT: The motion has been 11 made and seconded. All in favor? 12 (Ayes.) 13 CHAIR KASSEKERT: Opposed? 14 (No response.) 15 CHAIR KASSEKERT: The motion carries. 16 Thank you. 17 MS. TURI: Thank you. 18 MR. NANCE: Item No. 6, stipulation of 19 settlement in State versus Harrah's Atlantic 20 City Operating Company, LLC, et al. 21 Mr. Corbett? 22 MR. CORBETT: Chair, Commissioners, in 23 the stipulation of settlement in this case, the 24 casino licensee admits the regulatory violation 25 regarding an inaccurate table chip fill. 34 ITEM NO. 5 1 Have a seat, Mr. Onacilla. 2 MR. ONACILLA: Thank you. 3 MR. CORBETT: And by transferring 4 without documentation the gaming chips to the 5 casino cage followed by transferring gaming 6 chips without documentation to a casino table. 7 The casino licensee agrees to a penalty of 8 $22,000. 9 And the two individual respondents, Miss 10 Minissa and Mr. Onacilla agree to a three-day 11 working day suspension of their casino key 12 employee licenses with credit for the three 13 days suspension imposed by Harrah's and also a 14 letter of reprimand. 15 Mr. Stebbins is here for the Division. 16 Miss Hughes for the casino licensee. Mr. 17 Onacilla here on his own behalf, and Miss 18 Minissa is not present today. 19 CHAIR KASSEKERT: Thank you. 20 Miss Hughes? 21 MS. HUGHES: On behalf of Harrah's 22 Atlantic City, I have reviewed and worked with 23 Mr. Stebbins on the proposed stipulation of 24 settlement, and would ask for you to approve 25 it. 35 ITEM NO. 5 1 Thank you. 2 CHAIR KASSEKERT: Thank you. 3 Mr. Onacilla, is there anything you'd 4 like to say today? 5 MR. ONACILLA: No, thank you. 6 CHAIR KASSEKERT: Okay. Mr. Stebbins? 7 MR. STEBBINS: Thank you, Madame Chair, 8 members of the Commission, I just first want to 9 emphasize that no money was lost in these 10 transactions. The point that Mr. Corbett made 11 is precisely what we're talking about here. 12 When you're going to move chips around, you 13 have to do it accurately, and you have to do it 14 with an audit trail, and that was why it was 15 important to bring this complaint. 16 Secondly, I spoke with Ms. Minissa on 17 the phone. She's pro se. And I -- I told her 18 that she did not have to be here. She had some 19 other obligations, so if you're concerned about 20 that -- 21 CHAIR KASSEKERT: No. 22 MR. STEBBINS: That's on my ticket. 23 That's not on hers. 24 CHAIR KASSEKERT: Okay. 25 MR. STEBBINS: Thirdly, I would say that 36 ITEM NO. 5 1 in negotiating the settlements with the 2 individuals, they were very contrite. They 3 were very embarrassed by this. 4 And for all of those reasons, coupled 5 with the materials that they did provide, the 6 settlements as to the individuals are fair. 7 The settlements as to the house is fair. And I 8 would urge you that you adopt them all. 9 Thank you. 10 CHAIR KASSEKERT: Thank you. 11 Any questions for Mr. Stebbins? 12 COMMISSIONER SOMMELING: I have no 13 questions, Madame Chair. 14 CHAIR KASSEKERT: Okay. 15 VICE CHAIR EPPS: I move that we approve 16 the stipulation of settlement and assess the 17 following penalties for violation of Commission 18 regulations regarding internal controls: A, 19 impose a civil penalty of $22,000 against 20 Harrah's Atlantic City Operating Company, LLC, 21 and, B, suspend Cynthia Minissa and Paul 22 Onacilla's casino key employee licenses for 23 three workings days with credit for time served 24 and issue letters of reprimand be made a part 25 of their employee file. 37 ITEM NO. 5 1 CHAIR KASSEKERT: Is there a second? 2 COMMISSIONER HARRINGTON: 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: The motion carries. 9 Thank you. And thank you for coming. 10 MR. STEBBINS: Madame Chair, if I may 11 just note -- 12 CHAIR KASSEKERT: Sure. 13 MR. STEBBINS: I have information saying 14 that the suspensions have already been served. 15 CHAIR KASSEKERT: Served. Correct. 16 MR. STEBBINS: So just put that forward. 17 CHAIR KASSEKERT: I think Commissioner 18 Epps said that. Credit served. 19 MR. STEBBINS: That -- yes. That's 20 correct. 21 MR. ONACILLA: It has been served. 22 CHAIR KASSEKERT: Very good. Thank you. 23 MR. NANCE: Item No. 7, petition of 24 Giovanni Rivera for early reapplication. 25 Miss Frigen? 38 ITEM NO. 5 1 MS. FRIGEN: Good morning, Madame Chair, 2 Commissioners. 3 For your consideration is Mr. Rivera's 4 petition seeking permission to reapply early 5 for a casino service employee registration. 6 The Commission last December granted his 7 request to obtain employment early as a 8 noncredential hotel employee, and pursuant to 9 the terms of the settlement, he's here today 10 seeking permission to reapply early for a 11 registration. 12 The Division has interposed no objection 13 to this request. 14 CHAIR KASSEKERT: Thank you. 15 Mr. Rivera, is there anything you'd like 16 to say today? 17 MR. RIVERA: No. 18 CHAIR KASSEKERT: Mr. Biscieglia? 19 MR. BISCIEGLIA: Thank you, Chair. 20 As Miss Frigen stated, the Division has 21 interposed no objection to this. Our reasoning 22 is set forth in our letter of December 2nd, 23 2009. 24 The Division has nothing further and 25 would answer any questions that the Division 39 ITEM NO. 8 1 has. 2 CHAIR KASSEKERT: Thank you. 3 Any questions? 4 COMMISSIONER SOMMELING: No questions, 5 Madame Chair. 6 COMMISSIONER HARRINGTON: No. 7 COMMISSIONER SOMMELING: Move to grant 8 Mr. Rivera to reapply early for a casino 9 service employee registration. 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: The motion carries. 17 Thank you for coming. 18 MR. RIVERA: Thank you. Thank you. 19 CHAIR KASSEKERT: Good luck. 20 MR. RIVERA: Thank you. 21 MR. NANCE: Item No. 8, final hearing 22 concerning the conclusion of Edward J. Sobol. 23 Miss DeLia? 24 MS. DeLIA: First, for the record, I'd 25 like to ask if Mr. Sobol is here or 40 ITEM NO. 8 1 represented? 2 (No response.) 3 MS. DeLIA: Okay. Apparently not. 4 The Commission has already entered a 5 preliminary exclusion order placing Mr. Sobol 6 on the exclusion list. Initially he had 7 requested a final hearing but subsequently 8 advised Mr. Corbett he was not going to protest 9 the final exclusion. However, when the time 10 concluded, he would petition the Commission to 11 have his name removed from the exclusion list. 12 The matter is now being presented for 13 the Commission's final action. 14 Mr. Ficchi is here on behalf of the 15 Division. 16 Thank you. 17 CHAIR KASSEKERT: Thank you. 18 Mr. Ficchi? 19 MR. FICCHI: Good morning, Madame Chair 20 and Commissioners. 21 The Division believes there is ample 22 justification for the suspension -- for the 23 exclusion, and we would ask that you grant it 24 at this time. 25 Thank you. 41 ITEM NO. 9 1 CHAIR KASSEKERT: Thank you. 2 Any questions? 3 COMMISSIONER SOMMELING: No questions, 4 Madame Chair. 5 COMMISSIONER HARRINGTON: I move that we 6 issue a final order of exclusion for Edward J. 7 Sobol. 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: The motion carries. 15 MR. FICCHI: Thank you. 16 CHAIR KASSEKERT: Thank you. 17 MR. NANCE: Item No. 9, application for 18 suspension for John Wright, Joseph Callender, 19 Teodoro Samin, and Jose Pares-Rivera. 20 Miss Richardson? 21 Miss DeLia? 22 MS. DeLIA: Again, I would like to ask 23 if any of the respondents are here or 24 represented? 25 (No response.) 42 ITEM NO. 9 1 MS. DeLIA: Okay. Mr. Biscieglia is 2 here on behalf of the Division. 3 CHAIR KASSEKERT: Thank you. 4 Mr. Biscieglia? 5 MR. BISCIEGLIA: Thank you, Chair. 6 In regards to the suspension 7 applications, Item D, Jose Pares-Rivera, is 8 currently -- I would just like to add is 9 currently pending a grand jury with no date 10 set. 11 There is no further information in 12 regards to A through C, and the Division would 13 ask that the Commission grant the suspension 14 applications based upon the applications 15 presented. 16 Thank you. 17 CHAIR KASSEKERT: Thank you. 18 Any questions? 19 COMMISSIONER SOMMELING: No questions, 20 Madame Chair. 21 COMMISSIONER HARRINGTON: No. 22 I move that we grant the Division's 23 application for suspension of these four 24 individuals. 25 COMMISSIONER SOMMELING: Second. 43 ITEM NO. 9 1 CHAIR KASSEKERT: The motion has been 2 made and seconded. All in favor? 3 (Ayes.) 4 CHAIR KASSEKERT: Opposed? 5 (No response.) 6 CHAIR KASSEKERT: The motion carries. 7 Thank you. 8 MR. BISCIEGLIA: Thank you. 9 MS. DeLIA: Thank you. 10 MR. NANCE: Item No. 10, petition of 11 Double D. Gaming, Inc., for declaratory ruling. 12 Miss Nagengast? 13 MS. NAGENGAST: Chair, Commissioners, 14 for your consideration is a petition for 15 declaratory ruling from Double D. Gaming 16 seeking a decision by the Commission that 17 Quincey Norwood is not a qualifier or, in the 18 alternative, that he need not qualify. 19 Mr. Caplan is here -- 20 MR. CAPLAN: Yes. Good morning. 21 MS. NAGENGAST: -- on behalf of double D 22 Gaming, and Mr. Biscieglia on behalf of the 23 Division. 24 CHAIR KASSEKERT: Good morning, Mr. 25 Caplan. 44 ITEM NO. 9 1 MR. CAPLAN: Good morning. 2 CHAIR KASSEKERT: This is your petition. 3 You would go first. 4 Are you an attorney? 5 MR. CAPLAN: No, I am not. 6 CHAIR KASSEKERT: Okay. I need you to 7 stand and be sworn in then. 8 9 MARTIN CAPLAN, was duly sworn to testify 10 in this matter. 11 12 MR. NANCE: Please state your name for 13 the record. 14 MR. CAPLAN: Martin Caplan. 15 MR. NANCE: Thank you. 16 CHAIR KASSEKERT: Thank you. 17 Mr. Caplan, what would you like to tell 18 us today? 19 MR. CAPLAN: I think I put everything 20 into the petition and into the answer after the 21 Division answered. As far as Double D. Gaming, 22 I am the only employee of Double D. Gaming. 23 And I mean, basically, what we do is just 24 convert games to amusement devices. 25 Mr. Norwood requested that I send his 45 ITEM NO. 9 1 regrets. He would have liked to have been here 2 today, but he's recuperating from heart bypass 3 surgery. 4 And I really don't think I have anything 5 else to offer other than the fact that I stated 6 all my reasons why I didn't think Norwood 7 should be qualified and, in fact, he's totally 8 removed from the company. 9 CHAIR KASSEKERT: Okay. Let me ask 10 before we hear from Ms. Way, are there any 11 questions? Or would you like to hear from Ms. 12 Way first? 13 Miss Way? 14 MR. WAY: Thank you, Madame Chair, 15 Commissioners. Good morning. 16 Just a couple of things. There are a 17 lot of issues that are prompted by the 18 application of Double D. Gaming, Inc., and 19 their resolution will come another day. The 20 one before you today is whether or not an 21 individual should be qualified, and I suppose 22 akin to that is the basic question: Where does 23 the money come from? The answer to the issue 24 and the answer to the basic question are 25 essentially the same. It's Quincey Norwood. 46 ITEM NO. 9 1 The arrangement is very simple. Every 2 month since about March of 2003, Mr. Caplan 3 goes to Mr. Norwood, gives him a set figure, a 4 set amount for expenses. Included in that 5 amount are his personal expenses. Included in 6 that amount are operational funds for the 7 applicant company as well as some other things. 8 And whatever that amount is, Mr. Norwood writes 9 the check. That check, in turn, is deposited 10 by Mr. Caplan into an account. From that 11 account disbursements are made as Mr. Caplan 12 pretty much sees fit. 13 Now, we've heard the, awe shucks, I'm 14 pro se, and I made a mistake in how I named my 15 companies and may have confused the regulators. 16 Truth doesn't need a lawyer to tell it, number 17 one. Number two, the arrangement is very 18 simple. We don't care how you name your 19 companies. We are not confused by an 20 arrangement that is as simple as I've just laid 21 out for you. 22 But because of that arrangement and the 23 way it operates, our regulations, Commission 24 regulations, call for Mr. Norwood to be a 25 person required to be qualified. He is a 47 ITEM NO. 9 1 natural person who directly or indirectly holds 2 a beneficial or ownership interest of five 3 percent or more of the applicant or licensee. 4 We need not do the five-percent math because 5 whatever Mr. Norwood gives to Mr. Caplan, 6 again, on a monthly basis, that gets directed 7 to the operating funds of Double D. Gaming, 8 Inc., is the sole source of the operational 9 funding of that applicant company. 10 Now, Mr. Caplan has put forward no 11 reason in an analysis of the regulations that 12 would allow for this commission to waive the 13 qualification of Mr. Norwood. Very briefly, 14 and I address that in the Division's response 15 filed October 16th, 2009, very briefly. For 16 the criteria generally to waive the 17 qualification of an individual, the criteria 18 speaks -- and again, generally and paraphrasing 19 in terms of the authority over the applicant 20 company. The ability to control the applicant 21 company. The influence to the applicant 22 company. Under the arrangement that Mr. Caplan 23 has with Mr. Norwood, we submit to you that Mr. 24 Norwood has the ultimate control, the ultimate 25 authority, and the ultimate ability to 48 ITEM NO. 9 1 influence. Please consider that once he 2 chooses to stop the funding, to essentially say 3 maybe next January when Mr. Caplan comes to him 4 and says this is the amount I need, Mr. Norwood 5 to say, no, I'm not giving you any more money, 6 the operation of this applicant company and its 7 funding stops. That's the ultimate control. 8 I point out to you in our letter 9 something that I thought was very salient as an 10 example of our position that this petition be 11 denied. And I point out to you the omission 12 from a 2005 agreement between Mr. Caplan and 13 Mr. Norwood and a 2007 agreement between Mr. 14 Caplan and Mr. Norwood. And the omission in 15 the 2007 agreement -- or 2008. I'm sorry. 16 Versus the 2005 -- in 2005 there was a specific 17 clause, specific sentence that recognizes that 18 Mr. Norwood agreed to provide the startup 19 capital and the ongoing operational capital for 20 Double D. Gaming, Inc. It's not in the most 21 recent version before you. It was taken out -- 22 and I point out to the coincidence in timing 23 when the Commission, at the Division's request, 24 asked that Mr. Norwood be brought forward as 25 qualifier. Just because that sentence 49 ITEM NO. 9 1 disappears, the reality of their arrangement 2 and Mr. Norwood's resultant role as the 3 financier for the applicant company, that 4 didn't disappear. That still continues. 5 But even more saliently than my pointing 6 it out to you is Mr. Caplan's answer to the 7 Division's response, and that is that Mr. 8 Norwood didn't remember agreeing to provide the 9 startup capital for the applicant company. I 10 submit to you that it is a matter of conscience 11 that is most disturbing. But as a matter of 12 regulation, that in and of itself is the reason 13 that compels that Mr. Norwood be brought 14 forward as a qualifier to allow him to speak 15 fully for himself. Mr. Caplan should not be 16 speaking for him. 17 Not incidentally, Mr. Norwood was kind 18 enough to consent to the Division's limited 19 interview of him. Because he was under no 20 obligation, he did not consent to our request 21 that he open his financial records and we 22 examine them. So all we're looking to do here 23 is to bring him forward as a qualifier. We are 24 obliged to do that. Under the arrangement that 25 he has with this applicant company, we are 50 ITEM NO. 9 1 obliged to look at it as a matter of law. And 2 once we do, we are obliged to report our 3 findings to you so you know where the money's 4 coming from. 5 Unless you have no further questions of 6 me, I'd be pleased to answer them, but that's 7 our presentation for today. 8 CHAIR KASSEKERT: Thank you. 9 Any questions for Ms. Way? 10 Mr. Caplan, do you have any response? 11 MR. CAPLAN: I'd like to rebut a few 12 things. I included a statement from Norwood in 13 with the petition where he says he has no 14 direct involvement with Double D. Gaming, and 15 that's true. We originally started out as a 16 bar and restaurant in Vineland and moved into 17 charity games. At that time I created a 18 subdivision -- subsidiary company named Double 19 D. Gaming to handle charity events and 20 legalized games of chance Control Commission 21 licensing to be able to operate games. And 22 then at that point we decided that we would get 23 into building our own games. I filed the 24 application. At that time I was told that 25 everybody that did any business with Double D. 51 ITEM NO. 9 1 Saloon would have to be disclosed for Casino 2 Control when I would have to get a licensing 3 from them in order to possess unconverted 4 games. And I just felt that was -- that was 5 too unwieldy since the only purpose of the 6 licensing was to be able to get games in order 7 to convert. 8 And I'd like to add that once the games 9 are converted, it's impossible to convert them 10 back into gaming or slot machines. In other 11 words, it's an irreversible process. Norwood 12 had an investment in Double D. Saloon. He has 13 never had any investment in Double D. Gaming. 14 The sole purpose of the company was to be able 15 to get slot storage warehousing licensing in 16 order to possess the raw materials to convert 17 into amusement games. That's what we do. 18 Double D. Gaming, Inc., has had sales. Double 19 D. Gaming is pretty much self-sufficient, has 20 assets, has equipment. And Norwood is owed no 21 money and has no interest in Double D. Gaming. 22 CHAIR KASSEKERT: I guess I'm a little 23 confused. How -- how did you get the startup 24 money for this enterprise, then? 25 MR. CAPLAN: I took money from my own 52 ITEM NO. 9 1 sources. And Double D. Saloon -- and by the 2 way, they share the same building. Double D. 3 Saloon is currently for sale. When the -- when 4 the sale is completed of Double D. Saloon, I 5 believe that everything is owed to Norwood is 6 liquidated at that point, and there will be no 7 outstanding debt anywhere. Gaming will be left 8 standing with assets and funds. I have 9 additional funds to support gaming without 10 Norwood's involvement, and I put that in my 11 answer as well. 12 CHAIR KASSEKERT: But if Mr. Norwood 13 funds Double D. Saloon which, in turn, funds 14 Double D. Gaming, is there a nexus there? 15 MR. CAPLAN: Well, Norwood at this point 16 is supporting Saloon until such time as it's 17 sold. The building is there. He owns the 18 building. Double D. Saloon doesn't own the 19 building. Quincey Norwood owns the building, 20 and Norwood would prefer that rather than me 21 seek employment elsewhere and do some other 22 thing, that I be available to take care of that 23 building the maintenance, the sales, and the 24 upkeep of that building. Admittedly, we didn't 25 expect it would take the amount of time it's 53 ITEM NO. 9 1 taking to sell it. But it's currently listed. 2 And we're looking to liquidate the property. 3 CHAIR KASSEKERT: Let me ask if -- 4 Commissioner Epps? 5 Commissioner Sommeling? Go ahead. 6 COMMISSIONER SOMMELING: Mr. Caplan, 7 wouldn't you agree that Mr. Norwood has a 8 vested interest in the business at least in 9 some capacity? 10 MR. CAPLAN: He does. 11 COMMISSIONER SOMMELING: Given the 12 fact -- given the fact that the Division in its 13 assigned duties to investigate applicants for 14 licenses of any kind has to have access to 15 information -- in this case the financial 16 records of Mr. Norwood, that that would be able 17 to explain clearly whether or not he has a -- 18 really a vested interest by giving money to you 19 with -- for the operation of your company? 20 I remember in your response you were 21 talking about monies that you had and monies 22 that your wife had with respect to inheritance 23 as part of your contribution toward the 24 financing of your cooperations. But it seems 25 to me the principal person here and the whole 54 ITEM NO. 9 1 glitch in this scheme of licensing is that Mr. 2 Norwood's reluctance to comply -- to cooperate, 3 rather, with the Division of Gaming Enforcement 4 so that they can sort this out and make a 5 determination as to whether or not he really 6 does have a vested interest and should be 7 qualified. 8 MR. CAPLAN: I believe the problem was 9 triggered when -- Norwood and I talk weekly. 10 We're -- we're friends as well as business 11 associates. And I think the problem was 12 triggered when Norwood asked the question what 13 if? In the event that something were to happen 14 to me, and in the event of my demise, where 15 would he be? Considering that Saloon and 16 Gaming share the same premises, what rights, if 17 any, would he have to anything? And I turn 18 around and did an addendum to a stock pledge 19 and security agreement. And in that agreement 20 I put in there that in the event of my demise, 21 should something happen to me, that he would 22 have an entitlement subject to notification and 23 qualification by Casino Control Commission and 24 the Division. 25 The fact that -- the fact of the matter 55 ITEM NO. 9 1 is Norwood at 88 years old has no interest in 2 filling out paperwork, being fingerprinted, and 3 getting involved in something that he has no 4 intention of being involved in. At his 5 point -- at this point in time, he'd like to 6 sell the building, recover his capital, and 7 continue on with his retirement or whatever he 8 chooses to do. 9 COMMISSIONER SOMMELING: Well, perhaps 10 that's true because he is 88 years old. He may 11 not have the will to come forward and to 12 participate in the process, but there is a 13 process, and that -- 14 MR. CAPLAN: Understood. 15 COMMISSIONER SOMMELING: -- has severely 16 been told to you during this period of time 17 that you have been responding back and forth 18 with the Division. I think clearly that you're 19 at a stalemate here as to go any further if the 20 Division cannot receive the information that it 21 requires telling you that -- to justify Mr. 22 Norwood's position through you -- not through 23 him because he's not here to testify -- that 24 they can clear this matter up, given -- given 25 access to the information that they require. 56 ITEM NO. 9 1 And settle the issue once and for all. They 2 can make a determination. I think from what 3 they've told us so far, it seems likely that 4 Mr. Norwood should be a qualifier. 5 MR. CAPLAN: All I can do is state my 6 position. And my position is that I was told 7 that I had to apply for that license, and I did 8 so in order to possess the equipment that I 9 have. The situation with Norwood, as far as 10 I'm concerned, is something of my own creation, 11 which I tried to rectify and, obviously, I've 12 been unsuccessful with. But the fact of the 13 matter is, if the Division insists that Norwood 14 qualify and Norwood doesn't want to for 15 whatever reason, I can't compel him to do so. 16 But the Division certainly has the power to 17 recommend that my CSI license be denied, in 18 which case I can't possess the equipment, in 19 which case I've been put out of business. 20 COMMISSIONER SOMMELING: I don't think 21 that's exactly the case. I think what you 22 might have to do is restructure your 23 organization, your company down the road if 24 push comes to shove and Mr. Norwood is not 25 going to be cooperative or not be a continuing 57 ITEM NO. 9 1 participant in the operations of your company. 2 But if he's going to finance the company, 3 continue to give you money for the company, 4 continue to be your partner or your friend in 5 business, whatever you -- which way you want to 6 describe it, it seems obvious that Mr. Norwood 7 should go under the simple process that's 8 gotten to a threshold to allow an approval be 9 made or denied with respect to the status as a 10 qualifier. 11 MR. CAPLAN: Well, I think that's 12 correct. And the fact of the matter is that 13 Gaming basically has no expense until a sale is 14 consummated. If the Gaming doesn't make a 15 sale, I have no expenses above and beyond those 16 of Saloon. Norwood is taking care of Saloon 17 until such time as it sells. So, I mean, he 18 has no involvement. 19 COMMISSIONER SOMMELING: Sir, you're 20 buying gaming devices. The State of New Jersey 21 and other states which clearly are qualified in 22 terms of possession and acquiring -- 23 MR. CAPLAN: Yes, sir. 24 COMMISSIONER SOMMELING: -- and 25 measuring up to the standards of the State 58 ITEM NO. 9 1 regulations with respect to how those devices 2 are bought and used, whether they're used for 3 gaming or whether they are changed from gaming 4 to other legal games of chance to be in an 5 amusement -- arcade or something else. 6 MR. CAPLAN: Correct. 7 COMMISSIONER SOMMELING: Or wherever 8 else you put them as nongaming devices but 9 replicas of gaming devices. 10 MR. CAPLAN: Correct. 11 COMMISSIONER SOMMELING: It's all 12 understandable. But still and all, there's a 13 process to reach that goal if you're going to 14 continue to be in that business of buying 15 gaming devices, subsequently converting them. 16 There are rules and regulations, and there's a 17 requirement for licensing. And one of those 18 requirements, and I'm be redundant, coming back 19 to anyone that has to be qualified must be 20 qualified. And I think that's what the 21 Division's point is. Mr. Norwood should be a 22 qualifier at this point. 23 MR. CAPLAN: The Division is saying that 24 there's an entitlement, and he finances Double 25 D. Gaming. And what I'm saying is that's 59 ITEM NO. 9 1 incorrect. 2 COMMISSIONER SOMMELING: Well, you have 3 a right to disagree. But they also disagree, 4 and until you conform to a regulation that is 5 required, then you're not going to be able to 6 proceed further, in my opinion. So there has 7 to be some resolution to the dilemma that 8 you're in, and I think Mr. Norwood is the key. 9 And I think you can iron that out with the 10 Division, but to come before this commission 11 and get any further consideration I think, 12 first of all, we have to iron out what is 13 being -- what is controversial at this point. 14 MR. CAPLAN: I can appreciate that. 15 COMMISSIONER SOMMELING: I don't know 16 what else to tell you. 17 MR. CAPLAN: But I think we still get 18 back to the bottom line, and even were Norwood 19 to undergo the qualification process, whether 20 he was or was not qualified, I mean, would have 21 nothing to do with furtherance of the Act. I 22 mean, I -- just don't see the logic to it. 23 COMMISSIONER SOMMELING: We'd have to 24 wait for the letter report from the Division to 25 make that determination. You can't make that 60 ITEM NO. 9 1 determination for us. I understand that's your 2 opinion at this point. And I think the 3 Division has made its opinion known, and I 4 think, you know, that's where we are with this. 5 MR. CAPLAN: Well, obviously, I'm going 6 to do whatever you folks come up with. But the 7 fact of the matter is I have no control over 8 what Norwood does. 9 COMMISSIONER SOMMELING: I think what 10 you have to come in with is what the Division 11 requires, sir. They can -- they have people 12 that can go out into the field and gather the 13 information they require if Mr. Norwood is 14 accessible. It's not like -- 15 MR. CAPLAN: They've spoken to him once. 16 COMMISSIONER SOMMELING: It's not like 17 it's something he can't do. 18 MR. CAPLAN: They've spoken to him once, 19 and he conveyed to them he really has no 20 interest in the process. 21 CHAIR KASSEKERT: Commissioner Epps? 22 VICE CHAIR EPPS: I mean, I guess what 23 I'm trying to understand, just so I -- is it 24 accurate that Norwood funds the Saloon? 25 MR. CAPLAN: Norwood funds Double D. 61 ITEM NO. 9 1 Saloon. 2 VICE CHAIR EPPS: Okay. As an ongoing 3 concern, does the Saloon run a profit? 4 MR. CAPLAN: The saloon is currently 5 closed, and the property is for sale. 6 VICE CHAIR EPPS: So Norwood -- but 7 still funds the Saloon for whatever it needs 8 every month. 9 MR. CAPLAN: He takes care of the taxes. 10 VICE CHAIR EPPS: Right. 11 MR. CAPLAN: The taxes, utilities, the 12 insurance. 13 VICE CHAIR EPPS: And he also pays you 14 so because he doesn't want you to go anywhere 15 else so -- 16 MR. CAPLAN: Until such time it's sold. 17 Yes. 18 VICE CHAIR EPPS: And you take those 19 funds, and you run your other place, which is 20 the gaming operations. 21 MR. CAPLAN: That's not true. Gaming 22 doesn't generate any expense. 23 VICE CHAIR EPPS: How do you buy 24 machines without money? 25 MR. CAPLAN: Well, what I'm saying is if 62 ITEM NO. 9 1 I don't have a sale for a machine, I don't buy 2 a machine. So it's -- it's cost neutral until 3 such time as somebody wishes to buy something. 4 Most games are -- are built to order for a 5 specific purpose, and you don't construct or 6 convert a game until somebody has a need for 7 it. 8 VICE CHAIR EPPS: But what you seem to 9 say to us is -- whatever your operation is, 10 however you set it up, was funded by your own 11 source, which seems to be a sole source, this 12 other person, and you use that for whatever it 13 takes to run your business. Your other 14 business. If that source goes back to this 15 guy, he's got to be in it. It's clear there's 16 no other -- there's no other detour. It also 17 all runs back to this person and we -- like 18 Miss Way said, we have to follow the money. 19 The money takes us to this person. And if this 20 is going to be a regulated operation where at 21 the end of the line there is this person, this 22 person has to be in. That's how it works. It 23 works for the big companies. It works for the 24 little guys. It's the same for everybody. The 25 source of the money has to come into the -- 63 ITEM NO. 9 1 into the tent. You got a source of money 2 that's not in the tent, that's never going to 3 work. 4 MR. CAPLAN: The Division would have you 5 believe that without Norwood handing me a 6 dollar, there are no funds to exist. And I 7 have independent funds on deposit in excess of 8 $160,000. 9 VICE CHAIR EPPS: That may be the case 10 now, but we're talking about an operation that 11 over time has -- has happened. So we need to 12 know where you got to $160,000. So that would 13 all be part of the process of following the 14 money. The fact that it's there now at the end 15 of whatever is established before the 16 investigation can proceed doesn't help us. You 17 still have to follow the money. That's what 18 the Division does in regulatory matters. If 19 you were outside of our regulation, it wouldn't 20 matter where the source was. When you choose 21 to come into on regulated environment, those 22 are the rules. 23 MR. CAPLAN: I don't have a problem with 24 that. And all I'm saying is that Gaming 25 independently has had sales of over $200,000, 64 ITEM NO. 9 1 all reported on taxes. I mean, they're not 2 dependent on anybody for anything. 3 VICE CHAIR EPPS: And that's beautiful. 4 But it's -- if Gaming still wants to be 5 licensed, which is required to hold the 6 machines at some point, so that we can be 7 certain that a machine is being held by some -- 8 a person who's holding a machine before it's 9 converted, we have to have them under our 10 purview because, heaven forbid, he decides to 11 plug it in and have somebody come over and take 12 a shot, we need to be able to get that person 13 within our grasp. And the source of that 14 funding to set up that operation comes within 15 our grasp. So the map that you've drawn for me 16 squarely fits within our regulatory rubric. So 17 this is not foreign from what we do all the 18 time. 19 CHAIR KASSEKERT: Uh-huh. 20 VICE CHAIR EPPS: This is not even a 21 unique one. 22 CHAIR KASSEKERT: Commissioner 23 Sommeling? 24 COMMISSIONER SOMMELING: Mr. Caplan, you 25 know, in reading through the Division's letter 65 ITEM NO. 9 1 report thus far and your responses throughout 2 this investigation with respect to your 3 eligibility for the license, it seems apparent 4 to me that -- and not to continue what 5 Commissioner Epps has already said -- that it's 6 pretty hard to get around the fact that the 7 sole sourcing -- most of the sourcing of money 8 that's come into your company has been 9 underwritten by Mr. Norwood. He's the one 10 that's giving you the money. Now, you have 11 money in an account, which the Commission 12 doesn't concern itself with. But, again, in 13 reading through the material that you've 14 presented to the Division and to this 15 Commission, the source of those funds from an 16 inheritance from you -- your side of the family 17 and from your wife, her side of the family, 18 which gave you a certain amount of money which 19 is not our concern. So again, what is our 20 concern, though, is where the majority of the 21 money comes from. It would seem to me, I think 22 you're a responsible businessman. I think 23 you've got a good business going there or you 24 wouldn't even be here. And I think what you 25 have to do is find out how you're going to 66 ITEM NO. 9 1 resolve this between yourself and the Division. 2 Because until those issues are resolved, the 3 Commission can't do anything further. 4 MR. CAPLAN: I'd like to state that when 5 Gaming first applied for a license, Saloon was 6 open and operating, and it was started out of 7 profits that were generated, operating profits 8 from Saloon went into Gaming. It was not money 9 from Norwood. Norwood has never directly put 10 ten cents into Gaming. In the Saloon, yes. I 11 have no issue with that. 12 I guess I'm pretty much back to the same 13 thing that I started with. I'm kind of in the 14 middle here, and I'm being pressured from both 15 sides, and I'm in a position where I have to 16 compel somebody to do something that he doesn't 17 want to do in order to benefit me. And I -- I 18 just don't see where this is going to work out 19 in the end for me. Three years I've been 20 operating conditionally and haven't had a 21 problem and haven't done anything wrong and 22 haven't had any violations. And I'm just 23 looking to continue on the same way. 24 COMMISSIONER SOMMELING: Well, Mr. 25 Caplan, I think the Division agrees that you've 67 ITEM NO. 9 1 already done all the things you just said. The 2 stumbling block is their access to information 3 about Mr. Norwood at this point. Even if Mr. 4 Norwood were to drop out of the company, they 5 can -- they require that they have certain 6 informations. And that information has to come 7 through Mr. Norwood and yourself. So I -- 8 nobody's questioning the integrity of your 9 company. Nobody's -- you know, the success of 10 your company or anything. I mean, obviously 11 you're successful in your business. But I 12 think we can talk to this till we're, you know, 13 blue in the face. This is -- but the problem 14 is the problem that Ms. Way spelled out on the 15 record. 16 MR. CAPLAN: Well, I think I've disputed 17 that, and my purpose in being here is kind of 18 to explain the position that I'm in. Whether 19 Norwood does or doesn't really is of no 20 interest to me except as how it affects my 21 licensing. And the fact of the matter is, if 22 he says I just don't feel like doing it, I'm 23 done. 24 CHAIR KASSEKERT: Ms. Way, is there 25 anything else you'd like to add? 68 ITEM NO. 9 1 MS. WAY: There's nothing further. 2 Thank you, Madame Chair. 3 COMMISSIONER SOMMELING: Nothing 4 further, Madame Chair. 5 CHAIR KASSEKERT: Okay. Is there a 6 motion? 7 VICE CHAIR EPPS: I'll move that based 8 on the facts and circumstances presented, 9 particularly by the Division and the discussion 10 here before us today that we issue a 11 declaratory ruling pursuant to NJAC 52:14B-8 12 and NJAC 19:40-37 denying the requested relief 13 and, A, finding that the Division of Gaming 14 Enforcement has presented sufficient grounds to 15 require Quincey Norwood to submit to 16 qualification in connection with the Double D. 17 Gaming, Inc., pending gaming-related CSI 18 application; and directing that Mr. Norwood 19 file the appropriate qualifier forms no later 20 than January 30th, 2010, otherwise Double D. 21 Gaming, Inc., risks being placed on the 22 Commission's prohibited vendors list for 23 failure to cooperate. 24 CHAIR KASSEKERT: Is there a second? 25 COMMISSIONER SOMMELING: Second. 69 ITEM NO. 9 1 CHAIR KASSEKERT: The motion has been 2 made and seconded. All in favor? 3 (Ayes.) 4 CHAIR KASSEKERT: Opposed? 5 (No response.) 6 CHAIR KASSEKERT: The motion carries. 7 You know, Mr. Caplan, we understand your 8 dilemma, but, you know, as I think Commission 9 Epps pretty succinctly pointed out, you know, 10 we have rules here, and we have to follow the 11 money. And, you know, while we sympathize with 12 your dilemma, you know, we have to follow our 13 statute and our regulatory mandate. 14 MR. CAPLAN: I will speak to Mr. Norwood 15 when I get home. 16 CHAIR KASSEKERT: Okay. 17 MR. CAPLAN: If he decides that he does 18 want to do this, would he be granted extensions 19 of time based on his recuperation and his 20 health condition? 21 CHAIR KASSEKERT: You can make that 22 request with the Division and, if necessary, 23 they'll come back to us if we need to issue a 24 ruling on that. So that option -- I'm, you 25 know -- I'm sure Ms. Way is not unsympathetic 70 ITEM NO. 11 1 to his health conditions, and I think, you 2 know, perhaps if you spoke to her -- 3 MR. CAPLAN: I honestly don't know what 4 his decision will be. 5 CHAIR KASSEKERT: Will be. 6 MR. CAPLAN: But -- 7 CHAIR KASSEKERT: Yeah. 8 MR. CAPLAN: I just thought I would 9 mention it while I was here. 10 CHAIR KASSEKERT: Okay. Thank you. 11 MR. CAPLAN: Thank you. 12 MR. NANCE: Item No. 11, petition of 13 Resorts International Hotel, Inc., Atronic 14 Americas, LLC, Atronic International, GMBH, for 15 permission to conduct business. 16 Miss Nagengast? 17 MS. NAGENGAST: Chair and Commissioners, 18 this petition is a nunc pro tunc transactional 19 waiver petition. 20 Marie Jones is here on behalf of the 21 petitioners and Lou Rogacki on behalf of the 22 Division. 23 CHAIR KASSEKERT: Good morning, Miss 24 Jones. 25 MS. JONES: Good morning, Chair, 71 ITEM NO. 11 1 Commissioners. 2 This petition involves a five-day period 3 which there was one machine that remained on 4 Resorts' floor that Atronic had provided under 5 a lease. The other machines had been removed. 6 There had been prior transactional waivers, but 7 there was some confusion with respect to this 8 one machine. Once we found out, we filed the 9 appropriate petitions, and the ownership of the 10 machine has now been transferred to Resorts. 11 Thank you. 12 CHAIR KASSEKERT: Thank you. 13 Mr. Rogacki? 14 MR. ROGACKI: Good morning, Madame 15 Chair, Commissioner. 16 The Division filed its position letter 17 on November 4th. We stand by that letter. We 18 ask that you grant the relief without prejudice 19 to any -- to the pending our -- the outcome of 20 our investigation, the circumstances of how the 21 machine stayed on the floor without a 22 subsequent transactional waiver petition being 23 filed. Our investigation is, I believe, about 24 to conclude and both sides should be hearing 25 from the Division shortly. 72 ITEM NO. 11 1 CHAIR KASSEKERT: Thank you. 2 Any questions? 3 COMMISSIONER SOMMELING: No questions, 4 Madame Chair. 5 VICE CHAIR EPPS: Madame Chair, I move 6 that we grant nunc pro tunc the joint petition 7 of Atronic Americas, LLC, Atronic 8 International, GMBH, and Resorts International 9 Hotel, Inc., and permit Resorts to place the 10 progressive slot machine bearing Serial No. 11 11015873 on the gaming floor for the period 12 between July 31, 2009, and August 6, 2009, 13 without prejudice to any future action which 14 the DGE may take, as well as alleged regulatory 15 violations and licensing considerations as well 16 as future transactional waiver requests. 17 COMMISSIONER SOMMELING: 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: The motion carries. 24 Thank you. 25 MS. JONES: Thank you. 73 ITEM NO. 12 1 MR. ROGACKI: Thank you. 2 MR. NANCE: Item No. 12, petition of 3 Tropicana Entertainment Holdings, LLC, and 4 Tropicana Entertainment, LLC, to withdraw 5 applications for qualification of Robert 6 Kocienski, Riad Shalaby, Karin Brugler, and 7 Richard Baldwin. 8 Miss Richardson? 9 MS. RICHARDSON: Good morning, Chair and 10 Commissioners. 11 DAG Jack Adams is here for the Division, 12 and Dennis Daly for the Petitioners requested 13 that the item be heard on the papers and also 14 requested an adjournment without date regarding 15 the withdraw request for Riad Shalaby, Karin 16 Brugler, and Richard Baldwin. 17 A draft resolution as to the withdraw of 18 Robert Kocienski's application qualification 19 has been circulated to the parties, and Mr. 20 Adams indicated that he is in agreement with 21 the stipulation and request that we entered. 22 CHAIR KASSEKERT: Thank you. 23 MR. ADAMS: Good morning, Chair and 24 Commissioners. 25 We've responded favorably to the 74 ITEM NO. 12 1 withdraw request on behalf of Mr. Kocienski. 2 With the other three individuals, it's 3 my understanding that they may be seeking to 4 convert their applications from qualifier 5 status to perhaps key licensure. We will 6 address that at that appropriate time. 7 But I have also no problem to the draft 8 resolution being entered, assuming you agree. 9 CHAIR KASSEKERT: Thank you. 10 Any questions for Mr. Adams? 11 COMMISSIONER SOMMELING: No questions, 12 Madame Chair. 13 VICE CHAIR EPPS: Madame Chair, I move 14 that we adopt the draft resolution and permit 15 Robert Kocienski to withdraw his application 16 for individual qualification subject to NJAC 17 19:41-8.6(a). 18 CHAIR KASSEKERT: Is there a second? 19 COMMISSIONER HARRINGTON: Second. 20 COMMISSIONER SOMMELING: Second. 21 CHAIR KASSEKERT: The motion has been 22 made and seconded. All in favor? 23 (Ayes.) 24 CHAIR KASSEKERT: Opposed? 25 (No response.) 75 ITEM NO. 13 1 CHAIR KASSEKERT: The motion carries. 2 MR. ADAMS: Thank you. 3 CHAIR KASSEKERT: Thank you. 4 MR. NANCE: Item No. 13, joint petition 5 of Infinity World Investments, LLC, Infinity, 6 LP, for a three-month extension of the interim 7 casino authorization permit pursuant to NJSA 8 5:12-95.16. 9 Miss Richardson? 10 MS. RICHARDSON: Chair and 11 Commissioners, appearing for the Petitioners is 12 Patrick Madamba, and for the Division is DAG 13 Mary Jo Flaherty. 14 MR. MADAMBA: Good morning, Patrick 15 Madamba. 16 CHAIR KASSEKERT: Good morning. 17 MR. MADAMBA: Patrick Madamba from the 18 law firm of Fox Rothschild on behalf of 19 Infinity World Investments and Infinity Cayman, 20 LP. 21 In the interest of moving your agenda 22 along, I'm going to rely on the papers unless 23 there's any questions with respect to our 24 request for an extension of the casino interim 25 authorization period until April 14. 76 ITEM NO. 13 1 We have had the opportunity to review 2 the draft resolution, and it is acceptable. 3 Thank you. 4 CHAIR KASSEKERT: Thank you. 5 Miss Flaherty? 6 MS. FLAHERTY: Yes. Good morning, 7 Chair, Commissioners. 8 We filed a response to the petition 9 dated December 3rd. We are substantially 10 complete with regard to our investigation of 11 the Infinity World companies and Dubai World 12 companies as well as most of the qualifiers, 13 but as the Commission is aware, just a month or 14 so ago there was a new qualifier named. 15 CHAIR KASSEKERT: Uh-huh. 16 MS. FLAHERTY: And then yet again 17 another qualifier. And both those persons are 18 on temporary qualification at this point. Mr. 19 Bin Theniyeh has requested an additional 20 extension of time with regard to his filing, 21 which would now be January 7th. 22 In light of the new qualifiers that are 23 coming into the system, the Division obviously 24 needs to investigate these persons, and we will 25 do so. We do not believe that there is any 77 ITEM NO. 13 1 basis to activate the ICA trust arrangement at 2 this point in time, and the Division can report 3 to you that we believe that we would be in a 4 position to fully report on all of the 5 companies and qualifiers by the expiration date 6 if extended, which would be in April. 7 With that, I can say that we have no 8 objection to the draft resolution or to its 9 language, and I would not object to the relief 10 requested. 11 Thank you. 12 CHAIR KASSEKERT: Thank you. 13 Any questions? 14 COMMISSIONER SOMMELING: No questions, 15 Madame Chair. 16 COMMISSIONER HARRINGTON: I'll move that 17 we adopt the draft resolution and extend the 18 ICA period through April 14th, 2010. 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: The motion carries. 78 ITEM NO. 21 1 MR. ADAMS: Thank you. 2 CHAIR KASSEKERT: Thank you. 3 MR. NANCE: For your consideration, Item 4 No. 21, petition of RAC Atlantic City Holdings, 5 LLC, for permission to allow a mortgaging upon 6 property owned by RAC, Atlantic City Holdings, 7 LLC. 8 Miss Richardson? 9 MS. RICHARDSON: Good morning again, 10 Commissioners. 11 The draft resolution in this item has 12 been circulated to the parties, and appearing 13 for the Petitioner is Paul O'Gara. And for the 14 Division is DAG Mary Jo Flaherty. 15 CHAIR KASSEKERT: Thank you. 16 Mr. O'Gara? 17 MR. O'GARA: Yes, ma'am. 18 This petition seeks your approval 19 because RAC Atlantic City is a casino licensee, 20 and as such can't get a mortgage, which under 21 the Act is defined as a security, without your 22 approval. In this case I think, as you 23 understand and I think as was discussed during 24 all the testimony regarding the approval for 25 the licensure of RAC, advances actually have 79 ITEM NO. 21 1 been made. It's funded out. And initially 2 they are in the amount of $8 million that would 3 be a mortgage. It's against a property owned 4 by RAC, which is the Resorts facility. And it 5 simply protects Key's position with that 6 security interest against the property as the 7 servicer who advanced the funds. Just means in 8 the event of a disposition, those funds will be 9 paid. Then other advances which are not 10 secured by the mortgage because they were made 11 before the property was acquired and then 12 ultimately to the people who have an interest 13 in the loan. Simply establishes the priority. 14 Mortgage will be recorded, and as additional 15 advances are made, like a construction 16 mortgage, they'll be a filing which will 17 increase the amount that the lien is valid for, 18 anticipating that initially it will be 8 19 million, and could be more than that, I think 20 as the Commission is well aware. 21 CHAIR KASSEKERT: Thank you. 22 Miss Flaherty? 23 MS. FLAHERTY: Yes, Chair and 24 Commissioners. 25 The Division reviewed this matter and 80 ITEM NO. 21 1 submitted a report on the 14th of this month. 2 In our view, the Commission's findings and 3 rulings with regard to this matter as well as 4 the conditions that were imposed with regard to 5 the deed-in-lieu of foreclosure really relate 6 to the relief that is requested here. The 7 Commission views the approval sought really as 8 an element of the financial arrangements which 9 were essentially to transactions involving the 10 deed-in-lieu of foreclosure. The mortgage 11 relates to the financial support of Resorts, 12 and that financial support, as the Commission 13 knows was essential to the Commission's -- to 14 the Division's position with regard to the 15 analysis and review of the transactions which 16 were involved in this matter. 17 With that, we have no objection to the 18 relief that is requested. 19 Thank you. 20 CHAIR KASSEKERT: Thank you. 21 Any questions for the parties? 22 VICE CHAIR EPPS: No questions. 23 COMMISSIONER SOMMELING: No questions, 24 Madame Chair. 25 VICE CHAIR EPPS: I move that we adopt 81 ITEM NO. 14 1 the draft resolution and grant the relief 2 requested in the petition. 3 COMMISSIONER 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: The motion carries. 10 COMMISSIONER SOMMELING: Roll call vote. 11 CHAIR KASSEKERT: Oh, it's a roll call. 12 I'm sorry. Yes. 13 MR. NANCE: Commissioner Harrington? 14 COMMISSIONER HARRINGTON: 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. NANCE: Item No. 14, petition of 25 Harrah's Entertainment Inc., Harrah's Operating 82 ITEM NO. 14 1 Company, Inc., Harrah's Atlantic City Operating 2 Company, LLC, Showboat Atlantic City Operating 3 Company, LLC, Bally's Park Place, Inc., and 4 Boardwalk Regency Corporation requesting an 5 extension of time pursuant to NJAC 6 19:43-2.7(d)2 for Timothy Donovan to continue 7 to exercise the powers of Senior Vice President 8 and General Counsel of Harrah's Entertainment 9 Inc., and Harrah's Operating Company, Inc. 10 prior to qualification. 11 Miss Richardson? 12 Oh, excuse me. Miss Frank? 13 MS. FRANK: Frank. Miss Frank. 14 CHAIR KASSEKERT: Miss Frank? 15 MS. FRANK: Good morning. Chair, 16 Commissioners. 17 Correct. Their draft resolution request 18 has been circulated to the parties. 19 Mr. O'Gara is here for the licensees and 20 Miss Turi for the Division. 21 CHAIR KASSEKERT: Mr. O'Gara? 22 MR. O'GARA: Yes, ma'am. 23 Mr. Donovan assumed these duties when 24 you approved him. The Division is conducting 25 its investigation. He's been a senior 83 ITEM NO. 14 1 executive in a lot of very large companies, 2 including international companies, and Miss 3 Turi and I contacted -- she indicated it would 4 be a bit longer before they had all the 5 information they wanted. So we accordingly ask 6 that you extend it. 7 I think the Division has indicated 8 they'll complete the investigation within that 9 extension, but we ask that you grant it so Mr. 10 Donovan can continue to serve as General 11 Counsel. 12 CHAIR KASSEKERT: Miss Turi? 13 MR. TURI: Yes. Dorothy Turi for the 14 Division. 15 The Division is in the process of 16 conducting its investigation. Mr. Donovan has 17 been the senior executive and the senior vice 18 president of various international companies, 19 and our investigation now involves 20 international type situations. And we do 21 request that there be a period of time for him 22 to continue to serve in the positions that you 23 previously approved as well as the new position 24 that he's been elected to, and that is member 25 of the Capital Committee of Harrah's 84 ITEM NO. 14 1 Entertainment Inc., the ultimate parent of the 2 four Atlantic City casinos. 3 And, yes, we have indicated to Mr. 4 O'Gara that we will be able to report within 5 the requested extension time. So we ask that 6 you approve the draft resolution that has been 7 presented to you. 8 CHAIR KASSEKERT: Thank you. 9 Any questions? 10 COMMISSIONER SOMMELING: Madame Chair, I 11 move to adopt the draft resolution and 12 authorize Timothy Donovan to continue to 13 perform the duties and exercise the powers of 14 Senior Vice President and General Counsel of 15 Harrah's Entertainment, Inc., Harrah's 16 Operating Company, Inc., and a member of the 17 Harrah's Entertainment, Inc., Capital 18 Committee, pending plenary qualification and 19 for a period not to exceed 180 days from 20 January 1st, 2010, and subject to the 21 conditions contained in NJAC 19:43-2.7. 22 VICE CHAIR EPPS: Second. 23 CHAIR KASSEKERT: Motion has been made 24 and seconded. This is a roll call vote. 25 MR. NANCE: Commissioner Harrington? 85 ITEM NO. 15 1 COMMISSIONER HARRINGTON: Yes. 2 MR. NANCE: Commissioner Sommeling? 3 COMMISSIONER SOMMELING: Yes. 4 MR. NANCE: Vice Chair Epps? 5 VICE CHAIR EPPS: Yes. 6 MR. NANCE: Chair Kassekert? 7 CHAIR KASSEKERT: Yes. 8 MR. NANCE: The record will reflect that 9 the motion is unanimous. 10 CHAIR KASSEKERT: Thank you. 11 MS. TURI: Thank you. 12 MR. O'GARA: Thank you. 13 MR. NANCE: Item No. 15, proposed 14 readoption of NJAC 19:40. 15 Miss Frank? 16 MS. FRANK: Chair and Commissioners, the 17 proposed readoption is being put forward to you 18 without amendment. If you approve the draft 19 notice today, it will be published in the 20 January 21st New Jersey Register. 21 CHAIR KASSEKERT: Thank you. 22 Any questions for Miss Frank? 23 COMMISSIONER SOMMELING: No questions. 24 VICE CHAIR EPPS: Move that we approve 25 the readoption for publication without 86 ITEM NO. 3f 1 amendment. 2 COMMISSIONER HARRINGTON: 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: The motion carries. 9 MS. FRANK: Thank you. 10 CHAIR KASSEKERT: Thank you. 11 MR. NANCE: Item No. 16 -- excuse me. I 12 would like to recall Item No. 3f, Barry L. 13 Pulley. Stipulation of settlement. 14 MS. FAUNTLEROY: The parties -- Madame 15 Chair, if I please -- 16 CHAIR KASSEKERT: Uh-huh. 17 MS. FAUNTLEROY: The parties have had 18 further discussion in the hallway. I think 19 that Mr. Pulley will be requesting that the 20 Commission reconsider your grant of adjournment 21 and call his matter forth for consideration 22 today. 23 CHAIR KASSEKERT: Okay. This is Item 24 3f. 25 Mr. Pulley? Is there anything else you 87 ITEM NO. 3f 1 would like to say in this matter? 2 MR. PULLEY: No. 3 CHAIR KASSEKERT: Mr. Biscieglia? 4 MR. BISCIEGLIA: Thank you. 5 I'd just like to briefly state that 6 following the adjournment, Mr. Pulley was 7 granted the opportunity to present his 8 documentation to the Division. The Division 9 analyzed the documentation for Mr. Pulley, that 10 the documentation did not change the Division's 11 settlement offer and would not affect it in any 12 way. The Division did offer Mr. Pulley the 13 opportunity that if he did so desire to have 14 the documentation attached to the stipulation 15 of settlement, the Division would have taken 16 the stipulation, attach the documentation, and 17 refile it. And Mr. Pulley stated that he would 18 rather proceed forward today. 19 CHAIR KASSEKERT: Thank you, Mr. 20 Biscieglia. 21 MR. BISCIEGLIA: The Division has 22 nothing further and would ask that the 23 stipulation be approved. 24 Thank you. 25 CHAIR KASSEKERT: Thank you. 88 ITEM NO. 3f 1 We appreciate you dealing with this so 2 quickly. 3 MR. BISCIEGLIA: Thank you. 4 CHAIR KASSEKERT: Any questions? 5 VICE CHAIR EPPS: Madame Chair, I move 6 that we rescind our motion on Item 3f, which 7 was an adjournment until the January 6th 8 meeting. 9 COMMISSIONER SOMMELING: Second. 10 CHAIR KASSEKERT: The motion has been 11 made and seconded. All in favor? 12 (Ayes.) 13 CHAIR KASSEKERT: Opposed? 14 (No response.) 15 CHAIR KASSEKERT: The motion carries. 16 VICE CHAIR EPPS: Madame Chair, I move 17 that we approve the stipulation in Item 3f. 18 COMMISSIONER SOMMELING: 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: The motion carries. 25 MR. BISCIEGLIA: Thank you. 89 ITEM NO. 16 1 CHAIR KASSEKERT: Thank you. 2 MR. PULLEY: Thank you. 3 MR. NANCE: Item No. 16, petition of 4 Atlantic City Cash For Life Trust for 5 permission to terminate and dissolve the 6 Atlantic City Cash For Life Trust and to permit 7 the creation of a Cash For Life Subtrust to be 8 administered by the Atlantic City Millionaire 9 7th Trust. 10 Mr. Briliant? 11 MR. BRILIANT: Good morning, Madame 12 Chair and Commissioners. 13 Scott Mitnick is here on behalf of the 14 Petitioner, and Mr. Kimmel is here on behalf of 15 the Division. 16 I had circulated the draft resolution to 17 the parties which you have in your packet. And 18 the matter is now before you. 19 CHAIR KASSEKERT: Mr. Mitnick? 20 MR. MITNICK: Scott Mitnick with the law 21 firm of Levine, Staller, Sklar, Chan, Brown & 22 Donnelly here on behalf of the Cash For Life 23 Trust. 24 The trust is seeking relief to allow to 25 terminate, dissolve, and create a subtrust to 90 ITEM NO. 16 1 be administered by the Atlantic City 2 Millionaire 7th Trust to administer the sole 3 jackpot that is remaining in the trust. The 4 game lost popularity. The machines are off the 5 floor. 6 During its tenure on the floor, there 7 was four winners, three of which took the lump 8 sum payout. One took an annuity payout, and 9 it's currently being administered. The 10 subtrust would be created to administer that 11 jackpot. And it would save the Cash For Life 12 Trust $11,000 in audit and financial fees. 13 There's 18 years left on the annuity, which is 14 one of the $200,000 in cost. And the way the 15 Cash For Life system works is, it's a 20-year 16 payout or until the death of the winner. So it 17 could be much longer, so a greater savings. 18 This relief has been asked for and 19 granted by the Commission before in connection 20 with the Deluxe Jackpot, Progressive 21, 21 Quarters Deluxe, and the Totem Pole Trust where 22 subtrusts were created, and that's what we're 23 asking for today. 24 CHAIR KASSEKERT: Thank you. 25 I'm amazed individuals take annuities. 91 ITEM NO. 16 1 Mr. Kimmel? 2 MR. KIMMEL: Thank you, Madame Chair. 3 The Division has no objection to the 4 relief requested, but I would like to place on 5 the record that I got a call from the attorney 6 for Bally Technologies indicating that that 7 company was owed money by the Trust. I 8 suggested to them that they might want to 9 participate or intervene. They said they might 10 do so, but since they have not, I would assume 11 that we can go forward with this. 12 And I have no objection to the 13 resolution being granted. 14 CHAIR KASSEKERT: Okay. Any questions? 15 COMMISSIONER SOMMELING: No questions, 16 Madame Chair. 17 COMMISSIONER HARRINGTON: I'll move that 18 we adopt the draft resolution and grant the 19 relief requested by Atlantic City Cash For Life 20 Trust to terminate and dissolve the Atlantic 21 City Cash For Life Trust and to permit the 22 creation of a Cash For Life Subtrust subject to 23 the conditions in the resolution. 24 VICE CHAIR EPPS: Second. 25 CHAIR KASSEKERT: The motion has been 92 ITEM NO. 16 1 made and seconded. All in favor? 2 (Ayes.) 3 CHAIR KASSEKERT: Opposed? 4 (No response.) 5 CHAIR KASSEKERT: The motion carries. 6 Thank you. 7 MR. MITNICK: Thank you. 8 MR. NANCE: Item No. 17, proposed 9 temporary adoption and publication of amendment 10 to NJAC 19:45-1.12. 11 Mr. Briliant? 12 MR. BRILIANT: As part of the current 13 wish list, the New Jersey Casino Association 14 had requested that the Commission consider 15 certain modifications to the present minimum 16 staffing requirements for table game personnel. 17 After reviewing the matter, the staff 18 considered that the minimum staffing for the 19 bit boss position could be modified, and that 20 the maximum number of tables supervised by a 21 pit boss could be increased from 20. It would 22 20 to 24 during normal operations, and from 24 23 to 30 with periods of revised supervision 24 subject to the condition that all of the tables 25 in question would be required to be within view 93 ITEM NO. 16 1 of each other. 2 And that draft of that proposed 3 amendment is now before you for temporary 4 adoption and publication. 5 CHAIR KASSEKERT: Thank you, Mr. 6 Briliant. 7 Any questions? 8 COMMISSIONER SOMMELING: No questions, 9 Madame Chair. 10 VICE CHAIR EPPS: Move to approve for 11 publication and temporary adoption. 12 COMMISSIONER SOMMELING: 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: The motion carries. 19 MR. NANCE: Item No. 18, proposed 20 temporary adoption of amendment to NJAC 21 19:45-1.20. 22 Mr. Briliant? 23 MR. BRILIANT: This is another wish list 24 item, Commissioners. In an effort to attempt 25 to reduce the number of fills needed at gaming 94 ITEM NO. 16 1 tables, Bally's Park Place had requested 2 permission to use a modified table inventory 3 container which is commonly known as a float. 4 The proposal before you would permit that. 5 And we also took the opportunity to do a 6 little surgery on the original regulation which 7 hadn't been touched in about 15 years. 8 CHAIR KASSEKERT: Thank you. 9 Any questions? 10 COMMISSIONER SOMMELING: No questions, 11 Madame Chair. 12 Move to approve for temporary adoption. 13 COMMISSIONER HARRINGTON: 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: The motion carries. 20 MR. BRILIANT: Thank you. 21 MR. NANCE: Item 19 has been adjourned 22 until the January 6th, 2010, public meeting. 23 Item No. 20, proposed adoption of 24 resolution concerning closed session for public 25 meetings scheduled for the year 2010. 95 ITEM NO. 16 1 Chair, Commissioners, presented for 2 adoption is a proposed resolution which will 3 permit the Commission to hold a closed session 4 prior to the commencement of each scheduled 5 2010 public meeting. 6 CHAIR KASSEKERT: Thank you. 7 Any questions about the public meeting 8 schedule? 9 COMMISSIONER SOMMELING: No questions, 10 Madame Chair. 11 COMMISSIONER HARRINGTON: I move to 12 adopt the resolution. 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: The motion carries. 20 MR. NANCE: In accordance with 21 resolution -- excuse me, in reference with -- 22 in accordance with the regulation that was just 23 passed, which was 09-12-16-20, the next closed 24 session shall be held on Wednesday, January 6, 25 2010, at 9:30, a.m. in the Commission office. 96 1 And I would also like to announce that 2 the January 6th, 2010, open public meeting will 3 begin at 9:00 a.m. 4 CHAIR KASSEKERT: So it's a 9 a.m. start 5 on the 6th. 6 MR. NANCE: It is now time for the 7 public participation portion part of the 8 meeting. 9 CHAIR KASSEKERT: Is there anybody from 10 the public that wishes to be heard? 11 (No response.) 12 CHAIR KASSEKERT: Seeing no one, I'll 13 declare this portion of the meeting closed and 14 entertain a motion to adjourn. 15 COMMISSIONER SOMMELING: Motion to 16 adjourn. 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: The motion carries. 24 (Public Meeting 09-12-16 was adjourned 25 at 11:52 a.m.) 97 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: December 20, 2009 23 My Notary Commission Expires July 22, 2014 24 ID No 2062871 25