1 1 STATE OF NEW JERSEY 2 CASINO CONTROL COMMISSION 3 - - - - - - - - - - - - - - - - - - - 4 5 PUBLIC MEETING NO. 10-02-03 6 7 - - - - - - - - - - - - - - - - - - - 8 9 Wednesday, February 3, 2010 10 Atlantic City Commission Offices 11 Joseph P. Lordi Public Meeting Room - First Floor 12 Tennessee Avenue and Boardwalk 13 Atlantic City, New Jersey 08401 14 10:38 a.m. to 10:52 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 SHARON ANNE HARRINGTON, VICE CHAIR MICHAEL C. EPPS, COMMISSIONER 4 WILLIAM T. SOMMELING, COMMISSIONER EDWARD J. FANELLE, COMMISSIONER 5 6 PRESENT FOR THE CASINO CONTROL COMMISSION: DARYL W. NANCE, ADMINISTRATIVE ANALYST 7 DANIEL J. HENEGHAN, PUBLIC INFORMATION OFFICER 8 OFFICE OF THE GENERAL COUNSEL: DIANNA W. FAUNTLEROY, GENERAL COUNSEL/EXECUTIVE 9 SECRETARY TERESA M. NAGENGAST, SENIOR COUNSEL 10 SETH H. BRILLIANT, SENIOR COUNSEL ROBERT A. MONCRIEF, COUNSEL 11 TRACY E. RICHARDSON, COUNSEL BERNADETTE T. FRIGEN, PROGRAM SUPERVISOR 12 DIVISION OF GAMING ENFORCEMENT: 13 DEPUTY ATTORNEYS GENERAL BRIAN C. BISCIEGLIA, DEPUTY ATTORNEY GENERAL 14 TIMOTHY C. FICCHI, DEPUTY ATTORNEY GENERAL MARY JO FLAHERTY, DEPUTY ATTORNEY GENERAL 15 LOUIS ROGACKI, DEPUTY ATTORNEY GENERAL R. LANE STEBBINS, DEPUTY ATTORNEY GENERAL 16 17 18 19 20 21 22 23 24 25 3 1 A P P E A R A N C E S : 2 ITEM NO. 4 TERESA M. NAGENGAST, SENIOR COUNSEL R. LANE STEBBINS, DEPUTY ATTORNEY GENERAL 3 N. LYNN HUGHES, ESQ. FOR: HARRAH'S ATLANTIC CITY OPERATING 4 COMPANY, LLC 5 ITEM NO. 7 TERESA M. NAGENGAST, SENIOR COUNSEL LOUIS ROGACKI, DEPUTY ATTORNEY GENERAL 6 JEAN BARNUM, ESQ. FOR: UNITED PARCEL SERVICES 7 ITEM NO. 8 TERESA M. NAGENGAST, SENIOR COUNSEL 8 LOUIS ROGACKI, DEPUTY ATTORNEY GENERAL FOX ROTHSCHILD, LLP 9 MARIE JONES, ESQ. FOR: DELL MARKETING, LLP 10 ITEM NO. 9 TRACY E. RICHARDSON, COUNSEL 11 MARY JO FLAHERTY, DEPUTY ATTORNEY GENERAL JOSEPH A. CORBO, JR., ESQ. 12 FOR: BOYD GAMING CORPORATION 13 ITEM NO. 10 SETH H. BRILIANT, SENIOR COUNSEL TIMOTHY C. FICCHI, DEPUTY ATTORNEY GENERAL 14 N. LYNN HUGHES, ESQ. FOR: SHOWBOAT ATLANTIC CITY OPERATING 15 COMPANY, LLC 16 ITEM NO. 11 ROBERT A. MONCRIEF, COUNSEL TIMOTHY C. FICCHI, DEPUTY ATTORNEY GENERAL 17 JOSEPH A. CORBO, JR., ESQ. FOR: MARINA DISTRICT DEVELOPMENT COMPANY, 18 LLC 19 20 21 22 23 24 25 4 1 AGENDA PUBLIC MEETING NO. 10-02-03 2 FEBRUARY 3, 2010, 10:38 a.m. ITEM PAGE VOTE 3 1 Ratification of the minutes of the 7 8 January 20, 2009, public meeting 4 2 Applications for employee and casino service industry licenses 5 19 initial and/or renewal of casino key 8 8 and casino employee licenses 6 13 initial and/or renewal of casino key 9 9 and casino employee licenses 7 3 Stipulations of settlement and consent agreements: a) Gary J. Wright, Jr. (09-0656-EA) 9 11 8 b) Robert Yetman (09-0582-RC) 9 11 c) Gregory W. Demari (09-0290-ER) 9 11 9 d) Luis A. Figueroa (09-0480-ER) 9 11 e) Earl Grison (a/k/a Earl Grisom) 9 11 10 (06-0157-EA) 4 Stipulation of settlement in State v. 11 15 11 Harrah's Atlantic City Operating Company, LLC (d/b/a Harrah's Marina Hotel and Casino) 12 and Sue Vega (09-0240-VC) 5 Petition of Lynda J. Ellis for early 15 16 13 Reapplication (10-0045-RA) 6 Petition of Ecolab, Inc., for exemption 17 18 14 from casino service industry licensure (PRN 2590901) 15 7 Petition of United Parcel Services, Inc., 18 20 for exemption from casino service industry 16 licensure (PRN 2810902) 8 Petition of Dell Marketing, LP, for 20 22 17 exemption from casino service industry licensure (PRN 2530904) 18 9 Consideration of the qualification of 22 24 David Farlin to serve as Vice President 19 and Chief Information Officer of Boyd Gaming Corporation 20 10 Petition of Showboat Atlantic City 25 28 Operating Company, LLC, for an amendment 21 to its certificate of operation and casino hotel alcoholic beverage license to permit 22 a reconfiguration of its gaming floor (PRN 0271002) 11 Petition of Marina District Development 28 33 23 Company, LLC, to temporarily amend its operation certificate and CHAB license 24 (PRN 0121002) Joseph Lupo, sworn 31 25 5 1 E X H I B I T S : 2 NO. DESCRIPTION EVD 3 4 P-1 Remand for hearings 19 license X 5 P-2 Grant 13 licenses X 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (Exhibits retained by Commission.) 25 6 1 (Public Meeting 10-02-03 was commenced 2 at 10:38 a.m.) 3 MR. NANCE: Good morning. I'd like to 4 read an opening statement: 5 This is to advise the general public 6 that in compliance with Chapter 231 of the 7 public laws of 1975 entitled the "Open Public 8 Meeting Act," the New Jersey Casino Control 9 Commission on October 15, 2009, filed with the 10 Secretary of State at the State House in 11 Trenton, New Jersey, a notice of this hearing. 12 On October 16, 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 is prohibited. 20 Any member of the public who wish to 21 address the Commission will be given the 22 opportunity to do so before the Commission 23 adjourns for the day. 24 Please stand for the Pledge of 25 Allegiance. 7 ITEM NO. 1 1 (The flag salute was recited.) 2 CHAIR KASSEKERT: Good morning. 3 Let me just start by welcoming our 4 newest Commission, Edward Fanelle, who joined 5 us on Monday after being sworn in. We're so 6 pleased to have you here with us, and we know 7 you're going to add greatly to the Commission. 8 COMMISSIONER FANELLE: Thank you very 9 much, Chair. 10 CHAIR KASSEKERT: Thank you. 11 Daryl? 12 MR. NANCE: Good morning. 13 The matters discussed in closed session 14 were: Employee and enterprise license matters. 15 The Commission approved the January 16 20th, 2010, closed-session minutes. 17 Personnel matters were discussed as 18 follows: The Commissioners unanimously 19 approved the essential employee attendance plan 20 in revision to the weather emergency policy 21 in -- with the personnel policy and procedure 22 manual. 23 Item No. 1, ratification of the minutes 24 of January 20, 2009, [sic] public meeting. 25 COMMISSIONER SOMMELING: Move to 8 ITEM NO. 2 1 approve. 2 COMMISSIONER EPPS: Second. 3 CHAIR KASSEKERT: Motion is made and 4 seconded. 5 All in favor? 6 (Ayes.) 7 CHAIR KASSEKERT: Opposed? 8 (No response.) 9 CHAIR KASSEKERT: Any abstentions? 10 COMMISSIONER FANELLE: Abstain. 11 CHAIR KASSEKERT: Thank you. 12 MR. NANCE: Item No. 2, application for 13 employee and casino service industry licenses. 14 This agenda item will be entered as Exhibit 15 Lists 1 and 2. 16 Exhibit List 1 consists of 19 17 applications for initial and/or renewal of 18 casino key and casino employee licenses. 19 The Division has objected to licensure. 20 COMMISSIONER EPPS: Move that we remand 21 these matters for hearing. 22 COMMISSIONER SOMMELING: Second. 23 CHAIR KASSEKERT: The motion has been 24 made and seconded. All in favor? 25 (Ayes.) 9 ITEM NO. 3 1 CHAIR KASSEKERT: Opposed? 2 (No response.) 3 CHAIR KASSEKERT: Motion carries. 4 MR. NANCE: Exhibit List 2 consists of 5 13 applications for initial and/or renewal of 6 casino key and casino employee licenses. 7 Staff and the Division have recommended 8 that these licenses be granted. 9 COMMISSIONER EPPS: Move that we draft 10 the application. 11 VICE CHAIR 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 MR. NANCE: Item No. 3, stipulation of 19 settlement and consent agreements. When I call 20 your name, please come forward, stand behind 21 this middle table, spreading across the room so 22 that you may be seen: Gary Wright, Jr., Robert 23 Yetman, Gregory Demari, Luis Figueroa, and Earl 24 Grison. 25 CHAIR KASSEKERT: Thank you. 10 ITEM NO. 3 1 Has everyone whose name -- 2 Sir, you can just come right over here 3 with the other gentlemen. 4 FROM THE FLOOR: Okay. 5 CHAIR KASSEKERT: Thank you. 6 Has everyone whose name been called come 7 forward come forward at this point? Okay. 8 I'm going to ask that you each state 9 your name for the record, starting with you, 10 sir. 11 MR. YETMAN: Robert Yetman. 12 MR. WRIGHT: Gary Wright, Jr. 13 MR. FIGUEROA: Luis Figueroa. 14 MR. GRISON: Earl Grison, Jr. 15 CHAIR KASSEKERT: Okay. In a moment 16 we're going to vote on the stipulations which 17 you've agreed to with the Division of Gaming 18 Enforcement. I'm going to ask at this point if 19 any of you wish to be heard on your matter. 20 You do not have to say anything if you don't 21 want to. 22 Anyone wish to be heard? 23 (No response.) 24 CHAIR KASSEKERT: I'm going to take that 25 as a no. 11 ITEM NO. 4 1 Mr. Biscieglia? 2 MR. BISCIEGLIA: Good morning, Chair, 3 Commissioners. 4 The Division has nothing further and 5 just ask that the stipulations be approved as 6 submitted. 7 Thank you. 8 CHAIR KASSEKERT: Thank you. 9 Any questions on the stipulations? 10 COMMISSIONER SOMMELING: No questions, 11 Madame Chair. 12 I move the stipulations. 13 COMMISSIONER EPPS: Second. 14 CHAIR KASSEKERT: The motion has been 15 made and seconded. All in favor? 16 (Ayes.) 17 CHAIR KASSEKERT: Opposed? 18 (No response.) 19 CHAIR KASSEKERT: Motion carries. 20 Thank you for coming. Good luck. 21 FROM THE FLOOR: Thank you. 22 FROM THE FLOOR: Thank you. 23 MR. NANCE: Item No. 4, stipulation of 24 settlement in State versus Harrah's Atlantic 25 City Operating Company, LLC, and Sue Vega. 12 ITEM NO. 4 1 Miss Nagengast? 2 MS. NAGENGAST: Good morning, Chair and 3 Commissioners. 4 In these stipulations of settlement, the 5 Respondents admit the regulatory violations 6 regarding the handling of patron counterchecks. 7 Respondent Harrah's agrees to a penalty of 8 $15,000. Respondent Vega agrees to a three-day 9 suspension of her casino employee license with 10 credit for three days suspension already 11 imposed by Harrah's. She also will receive a 12 letter of reprimand. 13 Lane Stebbins is here on behalf of the 14 Division. Lynn Hughes is here on behalf of 15 Harrah's. Miss Vega was pro se. 16 CHAIR KASSEKERT: Mr. Stebbins? 17 MR. STEBBINS: Thank you, Madame Chair, 18 members of the Commission. 19 This is a matter of how a marker was 20 handled. Patrons comes to the cage as a 21 substitution transaction using a personal check 22 in exchange for a fairly substantial marker. 23 And at that patron's request, the deposit date 24 was altered to defer the date when the personal 25 check would have been sent for deposit. It's a 13 ITEM NO. 4 1 violation of our regulations because the 2 substitution document carries the same deposit 3 date as the initial marker. 4 They overrode system controls to 5 accomplish this, and that's why Miss Vega is 6 named in the complaint individually. At this 7 point, the patron who ultimately stopped 8 payment on the check but has been making 9 payments has paid something like 60, 65 percent 10 of the obligation. So that is under way. 11 Harrah's has taken steps to suspend the 12 individual involved, and that's already been 13 accomplished. So Harrah's is doing 14 everything -- Ms. Hughes is compliant. I've 15 heard that said. 16 No. You are. 17 MS. HUGHES: I am compliant. 18 MR. STEBBINS: And it's presented to you 19 for your approval. 20 Thank you. 21 CHAIR KASSEKERT: Thank you. 22 Ms. Hughes? 23 MS. HUGHES: On behalf of the Showboat 24 [sic], we reviewed the proposed stipulation of 25 settlement. And we would ask that you approve 14 ITEM NO. 4 1 it 2 Thank you. 3 CHAIR KASSEKERT: Thank you. 4 Any questions? Mr. Stebbins? 5 MR. STEBBINS: I think it is Harrah's 6 Atlantic City. 7 MS. HUGHES: It is Harrah's Atlantic 8 City. 9 CHAIR KASSEKERT: Correct. 10 MS. HUGHES: I'm sorry. 11 COMMISSIONER SOMMELING: No questions, 12 Madame Chair. 13 CHAIR KASSEKERT: Okay. Do we have a 14 motion? 15 VICE CHAIR HARRINGTON: I move that we 16 approve the stipulation of settlement and 17 assess the following penalties for violation of 18 the Commission regulations regarding internal 19 controls: 20 A, impose a civil penalty of $15,000 21 against Harrah's Atlantic City Operating 22 Company, LLC; 23 And, B, suspend Sue Vega's casino key 24 employee license for three working days with 25 time served and issued -- with time served and 15 ITEM NO. 5 1 issue a letter of reprimand to be made a 2 permanent part of her employee file. 3 COMMISSIONER EPPS: Second. 4 CHAIR KASSEKERT: The motion has been 5 made and seconded. All in favor? 6 (Ayes.) 7 CHAIR KASSEKERT: Opposed? 8 (No response.) 9 CHAIR KASSEKERT: Motion carries. 10 Thank you. 11 MR. STEBBINS: Thank you. 12 MS. HUGHES: Thank you. 13 MR. NANCE: Item No. 5, petition of 14 Lynda J. Ellis for early reapplication. 15 Miss Frigen? 16 MS. FRIGEN: Good morning, Madame Chair 17 and Commissioners. 18 CHAIR KASSEKERT: Good morning. 19 MS. FRIGEN: Miss Ellis was advised that 20 her presence was not required today since she 21 resides in Las Vegas. For your consideration 22 is her petition for early reapplication to 23 which the Division has interposed no objection. 24 CHAIR KASSEKERT: Thank you. 25 Mr. Biscieglia? 16 ITEM NO. 5 1 MR. BISCIEGLIA: Thank you. 2 As Miss Frigen stated, by letter of our 3 January 22nd, 2010 letter, the Division has 4 interposed no objection, and we'll answer any 5 questions you may have. 6 Thank you. 7 CHAIR KASSEKERT: Thank you. 8 Any questions? 9 COMMISSIONER EPPS: No questions. 10 COMMISSIONER SOMMELING: No questions, 11 Madame Chair. 12 Move to grant Miss Ellis permission to 13 reapply early for a casino employee license, a 14 casino service employee registration, or to 15 obtain employment early as a noncredential 16 hotel employee. 17 COMMISSIONER EPPS: Second. 18 CHAIR KASSEKERT: The motion has been 19 made and seconded. All in favor? 20 (Ayes.) 21 CHAIR KASSEKERT: Opposed? 22 (No response.) 23 CHAIR KASSEKERT: Motion carries. 24 Thank you. 25 MR. BISCIEGLIA: Thank you. 17 ITEM NO. 6 1 MR. NANCE: Item No. 6, petition of 2 Ecolab, Inc., for exemption from casino service 3 industry licensure. 4 Miss Nagengast? 5 MS. NAGENGAST: Chair, Commissioners, 6 for your consideration is the petition of 7 Ecolab, Inc., seeking an exemption from 8 nongaming CSI licensure based on their one -- 9 less then one-tenth of one percent of business 10 with the industry. 11 Counsel for the Petitioner did advise 12 staff that he would not be appearing today. He 13 asked the Commission consider the papers 14 already submitted, and that if there were any 15 concerns that the matter be adjourned. 16 Lou Rogacki is here on behalf of the 17 Division. 18 CHAIR KASSEKERT: Thank you. 19 Mr. Rogacki? 20 MR. ROGACKI: Chair, Commissioners, we 21 filed our letter November 20th agreeing that 22 the exemption was warranted. 23 I'll be happy to answer any questions. 24 CHAIR KASSEKERT: Thank you. 25 Any questions? 18 ITEM NO. 7 1 COMMISSIONER SOMMELING: I have no 2 questions, Madame Chair. 3 COMMISSIONER EPPS: Chair, I move that 4 we grant the petition of Ecolab, Inc., for an 5 exemption from nongaming casino service 6 industry enterprise licensure pursuant to NJSA 7 5:12-92(c)(3)(ii) and subject to the conditions 8 in the order. 9 VICE CHAIR HARRINGTON: Second. 10 CHAIR KASSEKERT: The motion has been 11 made and seconded. All in favor? 12 (Ayes.) 13 CHAIR KASSEKERT: Opposed? 14 (No response.) 15 CHAIR KASSEKERT: Motion carries. 16 MR. NANCE: Item No. 7, petition of the 17 United Parcel Services, Inc., for exemption 18 from casino service industry licensure. 19 Miss Nagengast? 20 MS. NAGENGAST: Chair and Commissioners, 21 this petition is similar to the last one, 22 seeking an exemption from nongaming casino 23 licensure. 24 Miss Barnum is here on behalf of the 25 Petitioner and Lou Rogacki again on behalf of 19 ITEM NO. 7 1 the Division. 2 CHAIR KASSEKERT: Thank you. 3 Good morning, Miss Barnum. 4 MR. BARNEY: Good morning, Chair. 5 CHAIR KASSEKERT: Do you have anything 6 you would like to add with respect to your 7 petition? 8 MS. BARNUM: No, Your Honor. No, Madame 9 Chair. 10 Our submission, I believe, is complete 11 and the Bureau [SIC] of Gaming Enforcement has 12 approved of it and supported the granting of 13 the application. 14 CHAIR KASSEKERT: Thank you. 15 Mr. Rogacki? 16 MR. ROGACKI: Madame Chair, 17 Commissioners, DAG Way submitted a letter on 18 October 21st consenting to the granting of an 19 exemption. 20 Once again, I'll be happy to answer any 21 questions. 22 CHAIR KASSEKERT: Thank you. 23 Any questions? 24 COMMISSIONER SOMMELING: I have no 25 questions, Madame Chair. 20 ITEM NO. 8 1 COMMISSIONER EPPS: Move that we grant 2 the petition of United Parcel Service, Inc., 3 for an exemption from nongaming casino service 4 industry licensure pursuant to NJSA 5 5:12-92(C)(3)(ii) and subject to the conditions 6 in the order. 7 VICE CHAIR HARRINGTON: Second. 8 CHAIR KASSEKERT: The motion has been 9 made and seconded. All in favor? 10 (Ayes.) 11 CHAIR KASSEKERT: Opposed? 12 (No response.) 13 CHAIR KASSEKERT: Motion carries. 14 MS. BARNUM: Thank you. 15 CHAIR KASSEKERT: Thank you. 16 MR. NANCE: Item No. 8, petition of Dell 17 Marketing, LP, for exemption from casino 18 service industry licensure. 19 Miss Nagengast? 20 MS. NAGENGAST: Chair, Commissioners, 21 finally today, the third one, same thing, 22 looking for an exemption for nongaming CSI 23 licensure. 24 Marie Jones is here on behalf of the 25 Petitioner, and, again, Lou Rogacki on behalf 21 ITEM NO. 8 1 of the Division. 2 CHAIR KASSEKERT: Thank you. 3 Good morning. Miss Jones. 4 MS. JONES: Thank you. Good morning, 5 Chair and Commissioners. 6 I would say "ditto" on everything, and 7 we request an exemption. And I'll be happy to 8 answer any questions. 9 Thank you. 10 CHAIR KASSEKERT: Thank you. 11 Mr. Rogacki? You want to say ditto, 12 also? 13 (Laughter.) 14 MR. ROGACKI: Madame Chair, 15 Commissioners, you heard it before. I sound 16 like a broken record. But on December 11th we 17 filed our letter. We believe the exemption is 18 appropriate here, and I'll be happy to answer 19 any questions. 20 CHAIR KASSEKERT: Thank you. 21 Any questions? 22 COMMISSIONER SOMMELING: Ditto on the 23 questions. 24 COMMISSIONER EPPS: Ditto on the motion. 25 (Laughter.) 22 ITEM NO. 9 1 COMMISSIONER EPPS: Madame Chair, I move 2 that we adopt the draft resolution and approve 3 the -- I'm sorry -- grant the petition of Dell 4 Marketing, LP. 5 CHAIR KASSEKERT: There you go. 6 COMMISSIONER EPPS: For exemption from 7 nongaming casino service industry enterprise 8 licensure pursuant to NJSA 5:12-92(C)(3)(ii) 9 and subject to the conditions in the order. 10 VICE CHAIR HARRINGTON: Second. 11 COMMISSIONER SOMMELING: Second. 12 CHAIR KASSEKERT: The motion has been 13 made and seconded. All in favor? 14 (Ayes.) 15 CHAIR KASSEKERT: Opposed? 16 (No response.) 17 CHAIR KASSEKERT: Motion carries. 18 MS. JONES: Thank you. 19 MR. ROGACKI: Thank you. 20 CHAIR KASSEKERT: Thank you. 21 MS. NAGENGAST: Thank you. 22 MR. NANCE: Item No. 9, consideration of 23 the qualification of David Farlin to serve as 24 Vice President and Chief Information Officer of 25 Boyd Gaming Corporation. 23 ITEM NO. 9 1 Miss Richardson? 2 MS. RICHARDSON: Good morning, Chair and 3 Commissioners. 4 A draft resolution was circulated to the 5 parties in this matter. Appearing for the 6 Petitioner is Joe Corbo and for the Division is 7 DAG Mary Jo Flaherty. 8 CHAIR KASSEKERT: Thank you. 9 Good morning, Mr. Corbo? 10 MR. CORBO: Good morning, Chair and 11 Commissioners. 12 Welcome, Commissioner Fanelle. Looking 13 forward to working with you. 14 Other than you saying, for those of you 15 who remember Mr. Farlin, he sends his regards 16 from Las Vegas, and I have nothing to add to 17 the petition. 18 CHAIR KASSEKERT: Thank you. 19 Miss Flaherty? 20 MS. FLAHERTY: Yeah, Chair, 21 Commissioners. 22 CHAIR KASSEKERT: Good morning. 23 MS. FLAHERTY: We've submitted a report 24 dated January 5th with regard to Mr. Farlin's 25 plenary qualifications. He's going to be Vice 24 ITEM NO. 9 1 President and Chief Information Officer of 2 Boyd, a holding company of Borgata. We have no 3 objection to his qualification. We've also 4 reviewed the draft resolution and are in 5 agreement with it. 6 Thank you. 7 CHAIR KASSEKERT: Thank you. 8 Any questions? 9 COMMISSIONER SOMMELING: No questions, 10 Madame Chair. 11 CHAIR KASSEKERT: Do we have a motion? 12 COMMISSIONER EPPS: Move that we adopt 13 the draft resolution and find David Farlin 14 qualified to serve as Vice President and Chief 15 Information Officer of Boyd Gaming Corporation. 16 VICE CHAIR HARRINGTON: Second. 17 CHAIR KASSEKERT: Second? 18 The motion has been made and seconded. 19 This is a roll call vote. 20 MR. NANCE: Commissioner Sommeling? 21 COMMISSIONER SOMMELING: Yes. 22 MR. NANCE: Commissioner Epps? 23 COMMISSIONER EPPS: Yes. 24 MR. NANCE: Commissioner Fanelle? 25 COMMISSIONER FANELLE: Yes. 25 ITEM NO. 10 1 MR. NANCE: Vice Chair Harrington? 2 VICE CHAIR HARRINGTON: Yes. 3 MR. NANCE: And Chair Kassekert? 4 CHAIR KASSEKERT: Yes. 5 MR. NANCE: The motion is unanimous. 6 CHAIR KASSEKERT: Thank you. 7 COMMISSIONER SOMMELING: I just have a 8 question for Mr. Corbo. 9 MR. CORBO: Yes. 10 COMMISSIONER SOMMELING: How did we make 11 out with the heat? 12 CHAIR KASSEKERT: Is it back on? 13 COMMISSIONER SOMMELING: Is it back on? 14 MR. CORBO: It's on and gradually 15 getting there. The hot water, as you may 16 imagine, takes a little bit of while to get its 17 volume to get as hot as you need to get a hot 18 shower. But our customers were very good about 19 it. They understood it was beyond our control, 20 and it was just one of those things. 21 COMMISSIONER SOMMELING: Thank you. 22 MR. CORBO: Thank you for asking. 23 CHAIR KASSEKERT: Thank you. 24 MR. NANCE: Item No. 10, petition of 25 Showboat Atlantic City Operating Company, LLC, 26 ITEM NO. 10 1 for an amendment to its certificate of 2 operation and casino hotel alcoholic beverage 3 license to permit a reconfiguration of its 4 gaming floor. 5 Mr. Briliant? 6 MR. BRILIANT: Good morning, Madame 7 Chair, members of the Commissioner. 8 Lynn Hughes is here on behalf of 9 Showboat. Tim Ficchi is here on behalf of the 10 Division. Principal Inspector Bruce Ladd is 11 also here if the Commissioners have any 12 questions. 13 And I would note for the record that I 14 have circulated the draft resolution to the 15 parties. They've indicated it's satisfactory. 16 It's the same copy that you have in your agenda 17 item. 18 CHAIR KASSEKERT: Thank you. 19 Miss Hughes? 20 MS. HUGHES: Thank you. 21 On behalf of Showboat, I have reviewed 22 over the draft resolution. 23 Excuse me for one second. I do have 24 next to me Karen Worman, who is the assistant 25 GM for Showboat, if you have any questions. 27 ITEM NO. 10 1 I've reviewed over the resolution and 2 would ask that you approve it. We have no 3 objection. 4 CHAIR KASSEKERT: Thank you. 5 Let me first ask if you have any 6 questions before we hear from Mr. Ficchi? 7 COMMISSIONER SOMMELING: No questions, 8 Madame Chair. 9 CHAIR KASSEKERT: No? Okay. 10 Mr. Ficchi? 11 MR. FICCHI: Good morning, Madame Chair, 12 Commissioners. 13 The Division has reviewed the draft 14 resolution and has no objection to the adoption 15 of that resolution by this Commission. 16 Thank you. 17 CHAIR KASSEKERT: Thank you. 18 Any questions for the Division? 19 COMMISSIONER SOMMELING: No questions 20 for the Division, Madame Chair. 21 VICE CHAIR HARRINGTON: I would move 22 that we adopt the draft resolution and approve 23 the petition of Showboat Atlantic City 24 Operating Company, LLC, and amend its 25 certification of operations and CHAB license to 28 ITEM NO. 11 1 permit reconfiguration to its gaming floor 2 subject to the conditions in the resolution. 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: Motion carries. 10 MS. HUGHES: Thank you. 11 MR. BRILIANT: Thank you. 12 MR. NANCE: Item No. 11, petition of 13 Marina District Development Company, LLC, to 14 temporarily amend its operating certificate and 15 CHAB license. 16 MR. MONCRIEF: Madame Chair and members 17 of the Commission, a draft resolution has been 18 circulated to the parties. 19 Here representing the Borgata is Joe 20 Corbo and the Division is Tim Ficchi. 21 CHAIR KASSEKERT: Thank you. 22 Mr. Corbo? 23 MR. CORBO: Thank you, Chair, 24 Commissioners. 25 If I could just take you through the 29 ITEM NO. 11 1 highlights of the petition. I know some of you 2 are very familiar with the space that we're 3 talking about. It's the former retail space 4 known as "Whim." It is now vacant space, and 5 we seek to use it on an intermittent basis as 6 needed for the reasons that we set forth in our 7 petition. At times when we're having poker 8 tournaments, we would like to be able to use it 9 as some excess space with regard to that. 10 Blackjack tournaments, craps tournaments, 11 extended area for our race book during the big 12 races such as the Kentucky Derby where we have 13 some overflow needs. 14 We have the ample space to be able to do 15 this with the number of hotel rooms that we 16 have. We are authorized to have up to a 17 200,000-square-foot casino. We only have 136- 18 and-some-odd-square feet right now. This space 19 is a little bit less than 8,000 square feet, so 20 it fits within those requirements as well. 21 We have attached to the petition the 22 proposed layouts for the different uses that we 23 would have, and we would work closely with our 24 principal inspector to be able to accommodate 25 this by providing ample notice in advance of 30 ITEM NO. 11 1 the different types of uses that we would have. 2 Also, along with this, of course, we 3 would like to be able to serve alcohol when we 4 have these events, so we also seek the 5 extension of our CHAB license as a Type I 6 facility to this area as well. 7 CHAIR KASSEKERT: Thank you. 8 I'm assuming you're still going to use 9 the ballroom for tournaments as well when 10 necessary? This is just an alternate space. 11 MR. CORBO: Yeah. Exactly. In fact, we 12 have our winter poker tournament open going on 13 right now that's up there. This would be for 14 smaller tournaments and satellite tournaments 15 and overflow of that nature. 16 CHAIR KASSEKERT: Thank you. 17 Any questions for Mr. Corbo? Go on. 18 COMMISSIONER SOMMELING: Mr. Corbo, this 19 area would be fixed up for these various 20 purposes. And it will remain that way and be 21 used as the need arises for the various 22 tournaments? 23 MR. CORBO: Yeah. 24 By the way, I should have introduced -- 25 Joe, why don't you come on up. Joe Lupo, who 31 JOSEPH LUPO 1 is our Senior Vice President of Operations can 2 answer that question better than I. 3 CHAIR KASSEKERT: Have to swear you in, 4 first, Joe. 5 6 JOSEPH LUPO, was duly sworn to testify 7 in this matter. 8 9 MR. NANCE: Please state your name for 10 the record. 11 MR. LUPO: Joseph Lupo. 12 MR. NANCE: Please spell your last name 13 for the record, please. 14 MR. LUPO: L-u-p-o. 15 MR. NANCE: Thank you. 16 CHAIR KASSEKERT: Thank you. 17 Not that you would tell an untruth, 18 about this, but. 19 I'm sorry. Go ahead, Commissioner 20 Sommeling. 21 MR. LUPO: The space is right off of the 22 casino floor. It was a retail space. 23 What's -- right now it's a big empty room that 24 will typically stay empty unless we want to 25 utilize it for whatever the means that we're 32 JOSEPH LUPO 1 looking to get approved. So it might be a 2 nongaming event or a tournament. So it would 3 not stay in that -- in the specific condition 4 of a separate -- certain type of tournament. 5 COMMISSIONER SOMMELING: Okay. Thank 6 you. 7 CHAIR KASSEKERT: Any other questions? 8 Mr. Ficchi? 9 MR. FICCHI: Thank you again, Madame 10 Chair. 11 The Division has reviewed the draft 12 resolution, has been no objection to the 13 adoption of that resolution. 14 Thank you. 15 CHAIR KASSEKERT: Thank you. 16 Any questions for Mr. Ficchi? 17 COMMISSIONER SOMMELING: No questions 18 for Mr. Ficchi, Madame Chair. 19 Madame Chair, I move that we adopt the 20 draft resolution and approve the petition of 21 Marina District Development Company, LLC, and 22 temporarily amend its certificate of operation 23 and CHAB license to permit the reconfiguration 24 of its gaming floor subject to the conditions 25 in the resolution. 33 ITEM NO. 11 1 VICE CHAIR HARRINGTON: Second. 2 CHAIR KASSEKERT: The motion has been 3 made and seconded. All in favor? 4 (Ayes.) 5 CHAIR KASSEKERT: Opposed? 6 (No response.) 7 CHAIR KASSEKERT: The motion carries. 8 MR. CORBETT: Thank you very much. 9 MR. FICCHI: Thank you. 10 MR. NANCE: In accordance with 11 Resolution No. 09-12-16-20, the next closed 12 session of the Commission shall be held on 13 Wednesday, February 17th, 2010, at 9:15 a.m. in 14 the Commission offices. 15 It is now time for the public 16 participation portion of the meeting. 17 CHAIR KASSEKERT: Is there anyone from 18 the public that wishes to be heard? 19 (No response.) 20 CHAIR KASSEKERT: Seeing no one, I'll 21 declare this portion of the meeting closed and 22 entertain a motion to adjourn. 23 COMMISSIONER SOMMELING: Motion to 24 adjourn. 25 VICE CHAIR HARRINGTON: Second. 34 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 (Public Meeting 10-02-03 was adjourned 9 at 10:52 a.m.) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 35 1 2 C E R T I F I C A T E 3 4 5 I, DARLENE SILLITOE, a Certified Court 6 Reporter and Notary Public of the State of New 7 Jersey, certify that the foregoing is a true 8 and accurate transcript of the proceedings. 9 10 11 I further certify that I am neither 12 attorney, of counsel for, nor related to or 13 employed by any of the parties to the action; 14 further that I am not a relative or employee of 15 any attorney or counsel employed in this case; 16 nor am I financially interested in the action. 17 18 19 DARLENE SILLITOE CCR 20 License No XI01023 21 22 Dated: February 4, 2010 23 My Notary Commission Expires July 22, 2014 24 ID No 2062871 25