1 1 STATE OF NEW JERSEY 2 CASINO CONTROL COMMISSION 3 - - - - - - - - - - - - - - - - - - - 4 5 PUBLIC MEETING NO. 10-04-07 6 7 - - - - - - - - - - - - - - - - - - - 8 9 Wednesday, April 7, 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 10:35 a.m. to 11:05 a.m. 15 16 17 Certified Court Reporter: Darlene Sillitoe 18 - - - - - - - - - - - - - - - - - - - - - - - - - - - 19 20 ATLANTIC CITY COURT REPORTING, LLC 21 CERTIFIED COURT REPORTERS AND VIDEOGRAPHERS 22 1125 ATLANTIC AVENUE, SUITE 416 23 ATLANTIC CITY, NEW JERSEY 08401 24 (609) 345-8448 www.accourtreporting.com 25 2 1 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 ROBERT A. MONCRIEF, COUNSEL 10 TRACY E. RICHARDSON, COUNSEL CLAIRE FRANK, PROGRAM MANAGER 11 BERNADETTE T. FRIGEN, PROGRAM SUPERVISOR SANDRA DeLIA, LEGAL SUPPORT SPECIALIST 12 DIVISION OF GAMING ENFORCEMENT: 13 DEPUTY ATTORNEYS GENERAL JOHN E. ADAMS, JR., DEPUTY ATTORNEY GENERAL 14 BRIAN C. BISCIEGLIA, DEPUTY ATTORNEY GENERAL TIMOTHY C. FICCHI, DEPUTY ATTORNEY GENERAL 15 JAMES C. FOGARTY, 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. 7 TRACY E. RICHARDSON, COUNSEL JOHN E. ADAMS, JR., DEPUTY ATTORNEY 3 GENERAL DUANE MORRIS, LLP 4 CHRISTOPHER L. SORIANO, ESQ. FOR: TROPICANA ATLANTIC CITY CORP. 5 ITEM NO. 8 TRACY E. RICHARDSON, COUNSEL 6 JAMES C. FOGARTY, DEPUTY ATTORNEY GENERAL NICHOLAS CASIELLO, JR., ESQ. 7 FOR: INFINITY WORLD INVESTMENTS, LLC, AND INFINITY WORLD (CAYMAN) LP 8 ITEM NO. 9 TRACY E. RICHARDSON, COUNSEL 9 JAMES C. FOGARTY, DEPUTY ATTORNEY GENERAL COOPER LEVENSON 10 LYNNE LEVIN KAUFMAN, ESQ. FOR: MARINA DISTRICT DEVELOPMENT 11 COMPANY, LLC 12 ITEM NO. 15 ROBERT A. MONCRIEF, COUNSEL TIMOTHY C. FICCHI, DEPUTY ATTORNEY GENERAL 13 COOPER LEVENSON LYNNE LEVIN KAUFMAN, ESQ. 14 FOR: MARINA DISTRICT DEVELOPMENT COMPANY, LLC 15 ITEM NO. 16 ROBERT A. MONCRIEF, COUNSEL 16 TIMOTHY C. FICCHI, DEPUTY ATTORNEY GENERAL MICHAEL A. MAGAZZU, ESQ. 17 FOR: BALLY'S PARK PLACE, INC. 18 19 20 21 22 23 24 25 4 1 AGENDA PUBLIC MEETING NO. 10-04-07 2 April 7, 2010, 10:35 a.m. ITEM PAGE VOTE 3 1 Ratification of the minutes of the 9 9 March 17, 2010, public meeting 4 2 Applications for employee and casino service industry licenses 5 8 initial and/or renewal of casino key 9 10 and casino employee licenses 6 6 initial and/or renewal of casino key 10 10 and casino employee licenses 7 Application of Maureen Adams for renewal 11 11 of a casino key employee license and for 8 qualification as Regional Vice President of National Casino Marketing and Sales for 9 Bally's Park Place, Inc., Boardwalk Regency Corp., Harrah's Atlantic City Operating 10 Company, LLC, and Showboat Atlantic City Operating Company, LLC 11 3 Stipulations of settlement and consent agreements: a) Rocco A. Ventura (07-0767-EA) 12 13 12 b) Kambui M. Hannibal (a/k/a Andre L. 12 13 Gibbs) (07-0238-ER) 13 c) Jeffrey K. Kong (08-0237-ER) 12 13 d) Dana A. London (09-0466-EA) 12 13 14 e) Kevin Fleming (09-0136-EA) 12 13 f) Safeeullah Muhammad (a/k/a Anthony 12 13 15 Scott Johnson, Scott Anthony Johnson, Harry Woodall, Derrick Johnson, and Scott 16 Washington) (07-0478-EA) g) Dawn L. Tennant (09-0588-ER) 12 13 17 h) Tomas E. Ramirez-Castillo (09-0683-RC) 12 13 i) Oliver J. Reyes (10-0073-RA) 12 13 18 4 Petition of Jose G. Prado-Ramirez for 14 15 early reapplication 19 5 Consideration of forfeiture order in State 15 18 v. Marina District Development Company, LLC 20 (Borgata Hotel, Casino & Spa) et al. (08-0539-VC) 21 6 Applications for suspension: A) Chemeeka J. Green (a/k/a Chemeka 19 20 22 Sloan) (10-0130-RC) B) Edwin Nieves (10-0123-RC) 19 20 23 C) Regina A. Scott (10-0124-RC) 19 20 D) Mei X. Wu (10-0117-RC) 19 20 24 7 Petition of Tropicana Atlantic City Corp. 20 22,26 for clarification of the qualification 25 status of Edward E. Mattner, Icahn Partners 5 1 CONTINUED AGENDA PUBLIC MEETING NO. 10-04-07 2 April 7, 2010, 10:35 a.m. ITEM PAGE VOTE 3 7 Master Fund II Feeder LP, Icahn Management, LP, and various Credit Agreement Lenders 4 (PRN 0761001) 8 Joint petition of Infinity World 26 29 5 Investments, LLC, and Infinity World (Cayman) LP for approval to withdraw their application 6 for qualification and related relief (PRN 0771005) 7 9 Petition of Marina District Development 30 31 Company, LLC (d/b/a Borgata Hotel Casino 8 & Spa) for waiver of the qualification requirement for an officer of its holding 9 company, Boyd Gaming Corporation, pursuant to NJSA 5:12-85d(1) (Paula Eylar) 10 (PRN 0531005) 10 Readoption of NJAC 19:40 (General 32 33 11 Provisions) 11 Review of delegated authorities in 33 35,36 12 accordance with NJAC 19:40-2.5(c) and reorganization of Casino Control Commission 13 Internal Audit Committee 12 Proposed publication of amendments to 36 37 14 NJAC 19:40-1.1; 19:45-1.37; 19:46-1.28; 19:51-1.1, 1.2; and proposed new rule NJAC 15 19:46-1.28D (Multi-Player Slot Machine System) 13 Proposed publication of amendments to 37 38 16 NJAC 19:45-1.20 (Table Inventory Container; Reserve Chip Compartment) 17 14 Petition of Trump Taj Mahal Associates, 38 40 LLC (d/b/a Trump Taj Mahal Casino Resort) 18 for permission to transfer progressive slot jackpots pursuant to NJAC 19:45-1.39(n) 19 (PRN 0781002) 15 Petition of Marina District Development 40 42 20 Company, LLC (d/b/a Borgata Hotel Casino & Spa), to amend its casino operation 21 certificate pursuant to NJSA 5:12-96(e) (PRN 0771001) 22 16 Petition of Bally's Park Place, Inc., to 42 47 amend its casino license and operation 23 certificate in accordance with NJSA 5:12-96c and NJAC 19:43.7.1 et seq., for table games 24 and slot reconfiguration at its Park Place and Wild Wild West Casino & Simulcast 25 Facilities and such other relief (PRN 0831007) 6 1 CONTINUED AGENDA PUBLIC MEETING NO. 10-04-07 2 April 7, 2010, 10:35 a.m. ITEM PAGE VOTE 3 17 Petition of the New Jersey Department of adj. Law and Public Safety, Division of Gaming 4 Enforcement regarding Revel Entertainment Group, LLC, and Morgan Stanley (PRN 0481002) 5 6 7 8 9 10 11 12 13 14 15 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 8 license X 5 P-2 Grant 6 licenses X 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Exhibits retained by Commission.) 8 1 (Public Meeting 10-04-07 was commenced 2 at 10:35 a.m.) 3 MR. NANCE: Good morning. I'd like to 4 read an opening statement: 5 This is to advise the general public 6 that in compliance with Chapter 231 of the 7 public laws of 1975 entitled the "Open Public 8 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. 9 ITEM NO. 2 1 (The flag salute was recited.) 2 CHAIR KASSEKERT: Good morning. 3 MR. NANCE: Good morning. 4 The matters discussed in closed session 5 were: Employee and enterprise license matters. 6 The Commission approved the March 17th, 7 2010, closed-session minutes. 8 Litigation update regarding Edwards 9 versus Adamar of New Jersey, Inc., et al. 10 Item No. 1, ratification of the minutes 11 of March 17th, 2010, public meeting. 12 COMMISSIONER SOMMELING: Move to 13 approved the minutes. 14 COMMISSIONER EPPS: Second. 15 CHAIR KASSEKERT: Motion has been made 16 and seconded. All in favor? 17 (Ayes.) 18 CHAIR KASSEKERT: Opposed? 19 (No response.) 20 CHAIR KASSEKERT: The motion carries. 21 MR. NANCE: Item No. 2, application for 22 employee and casino service industry licenses. 23 This agenda item will be entered as exhibit 24 List 1 and 2. 25 Exhibit List 1 consists of eight 10 ITEM NO. 2 1 applications for initial and/or renewal of 2 casino key and casino employee licenses. 3 The Division has objected to licensure. 4 COMMISSIONER EPPS: I move that we 5 remand these matters for hearing. 6 VICE CHAIR HARRINGTON: 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: Exhibit List 2 consists of 14 six applications for initial and/or renewal of 15 casino key and casino employee licenses. 16 Staff and the Division has recommended 17 that these licenses be granted. 18 COMMISSIONER EPPS: Move that we grant 19 the applications. 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: For consideration is the 3 application of Maureen Adams for renewal of a 4 casino key employee license and for 5 qualification as Regional Vice President of 6 National Casino Marketing and Sales for Bally's 7 Park place, Inc., Boardwalk Regency Corp., 8 Harrah's Atlantic City Operating Company, LLC, 9 and Showboat Atlantic City Operating Company, 10 LLC. 11 Staff and the Division have recommended 12 that this application be granted. 13 COMMISSIONER EPPS: Move that we grant 14 the application for renewal of casino key 15 employee license and for qualification. 16 COMMISSIONER SOMMELING: Second. 17 CHAIR KASSEKERT: Motion has been said 18 and seconded. This is a roll call vote. 19 MR. NANCE: Commissioner Sommeling? 20 COMMISSIONER SOMMELING: Yes. 21 MR. NANCE: Commissioner Epps? 22 COMMISSIONER EPPS: Yes. 23 MR. NANCE: Commissioner Fanelle? 24 COMMISSIONER FANELLE: Yes. 25 MR. NANCE: Vice Chair Harrington? 12 ITEM NO. 3 1 VICE CHAIR HARRINGTON: Yes. 2 MR. NANCE: Chair Kassekert? 3 CHAIR KASSEKERT: Yes. 4 MR. NANCE: The record will reflect that 5 the motion is unanimous. 6 Item No. 3, stipulation of settlement 7 and consent agreements. When I call your name, 8 please come forward, standing behind this 9 middle table, standing across the room so that 10 you may be seen: Rocco Ventura, Kambui 11 Hannibal, Jeffrey Kong, Dana London, Kevin 12 Fleming, Safeeullah Muhammad, Dawn Tennant, 13 Tomas Castillo, and Oliver Reyes. 14 CHAIR KASSEKERT: Has everyone whose 15 been called come forward? 16 I'm going to ask you each to state your 17 name for the record, starting with you, sir. 18 What's your name? 19 MR. RAMIREZ-CASTILLO: Tomas 20 Ramirez-Castillo. 21 CHAIR KASSEKERT: Sir, your name? 22 MR. KONG: Jeffrey Kong. 23 MR. HANNIBAL: Kambui Hannibal. 24 CHAIR KASSEKERT: Thank you. 25 In a moment we're going to vote on the 13 ITEM NO. 3 1 stipulations which you've agreed to with the 2 Division of Gaming Enforcement. I'm going to 3 ask at this point if any of you wish to be 4 heard on your matter. You don't have to say 5 anything if you don't want to. 6 Does anyone wish to be heard? 7 (No response.) 8 CHAIR KASSEKERT: No? Okay. Thank you. 9 Mr. Biscieglia? 10 MR. BISCIEGLIA: Good morning, Chair, 11 Commissioners. Thank you. 12 The Division has nothing further in this 13 matter, and we ask that the stipulations be 14 approved as submitted. 15 Thank you. 16 CHAIR KASSEKERT: Thank you. 17 Any questions? 18 COMMISSIONER EPPS: I move that we 19 approve the stipulations. 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.) 14 ITEM NO. 4 1 CHAIR KASSEKERT: Motion carries. 2 Thank you for coming. Good luck. 3 MR. HANNIBAL: Thank you. 4 MR. KONG: Thank you. 5 MR. RAMIREZ-CASTILLO: Thank you. 6 MR. NANCE: Item No. 4, petition of Jose 7 Prado-Ramirez for early reapplication. 8 Miss Frigen? 9 MS. FRIGEN: Let me ask whether Mr. 10 Prado-Ramirez is present or represented? 11 (No response.) 12 MS. FRIGEN: I do not see him here. 13 For your consideration is his petition 14 requesting permission to reapply early for a 15 registration and noncredential motel 16 employment. 17 By letter dated March 2nd, the Division 18 interposed no objection to his petition. 19 CHAIR KASSEKERT: Thank you. 20 Mr. Biscieglia? 21 MR. BISCIEGLIA: Thank you. 22 As Miss Frigen stated, the Division has 23 interposed no objection. Mr. Prado-Ramirez's 24 petition is strictly in line with the 25 stipulation of settlement that the Division 15 ITEM NO. 5 1 entered into with him. 2 Thank you. 3 CHAIR KASSEKERT: Thank you. 4 Any questions? 5 COMMISSIONER SOMMELING: No questions, 6 Madame Chair. 7 COMMISSIONER EPPS: Madame Chair, I move 8 that we grant Mr. Prado-Ramirez permission to 9 reapply early for a casino service employee 10 registration and/or to obtain employment early 11 as a noncredential hotel employee. 12 VICE CHAIR HARRINGTON: Second. 13 CHAIR KASSEKERT: The motion has been 14 made and seconded. All in favor? 15 (Ayes.) 16 CHAIR KASSEKERT: Opposed? 17 (No response.) 18 CHAIR KASSEKERT: Motion carries. 19 Thank you. 20 MR. BISCIEGLIA: Thank you. 21 MR. NANCE: Item No. 5, consideration of 22 forfeiture order in State versus Marina 23 District Development Company, LLC. 24 Miss Frigen? 25 MS. FRIGEN: Madame Chair, 16 ITEM NO. 5 1 Commissioners, for your consideration is final 2 action on this forfeiture complaint. We are in 3 receipt of a letter from Joseph Corbo on behalf 4 of the Borgata, indicating they have no contest 5 for the forfeiture action. 6 In addition, we sent notice to Chayfa 7 Kirkland. Let me inquire whether she is 8 present or represented here today? 9 Or is there anyone here on behalf of the 10 Estate of Mr. Barone? 11 (No response.) 12 MS. FRIGEN: Apparently not. 13 With respect to Miss Kirkland, we sent 14 notice to her at her two last-known addresses 15 on the file of forfeiture complaint, giving her 16 the opportunity to be hear. We also send her 17 notice of the hearing here today. We've 18 received no communication. 19 Unfortunately, with respect to Mr. 20 Barone, subsequent to the Division filing the 21 complaint, we learned that he died. We did 22 send notice to his last addresses on file to 23 his -- to the attention of his estate. We also 24 contacted the Surrogate's Office in Cape May 25 County. There's no will in which to serve 17 ITEM NO. 5 1 further notice. 2 The staff has recommended that the 3 Commission take final action on this forfeiture 4 today. 5 CHAIR KASSEKERT: Okay. Thank you. 6 Mr. Stebbins? 7 MR. STEBBINS: Thank you, Madame Chair. 8 Miss Frigen adequately covered the 9 circumstances surrounding this matter which has 10 been lingering for some time. It's ready for 11 final action. I would urge that you enter the 12 appropriate order. 13 Thank you. 14 CHAIR KASSEKERT: Thank you. 15 Any questions for Mr. Stebbins? 16 COMMISSIONER SOMMELING: I have no 17 questions, Madame Chair. 18 MS. FAUNTLEROY: One correction. 19 MS. FRIGEN: I'm sorry. Madame Chair? 20 CHAIR KASSEKERT: Yes. 21 MS. FRIGEN: We would just correct for 22 the record just to clarify that these two 23 individuals were on the exclusion list. The 24 Commission's main exclusion list, not the 25 self-exclusion list. 18 ITEM NO. 5 1 CHAIR KASSEKERT: Okay. On the 2 exclusion list, not the self-exclusion. 3 MS. FRIGEN: Yes. 4 CHAIR KASSEKERT: Commissioner 5 Harrington? 6 COMMISSIONER HARRINGTON: I move that 7 based upon the patrons having gambled while on 8 the self-exclusion list -- 9 CHAIR KASSEKERT: Exclusion list. 10 VICE CHAIR HARRINGTON: On the exclusion 11 list. Okay. Great. Just -- the money 12 theoretically won by individuals cited in this 13 complaint is forfeited pursuant to NJSA 14 5:12-71.3(a), and Borgata is required to remit 15 the forfeited funds to the Commission for 16 appropriate disposition in accordance with NJSA 17 5:12-71.3(c). 18 CHAIR KASSEKERT: Is there a second? 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. 19 ITEM NO. 6 1 MR. STEBBINS: Thank you. 2 CHAIR KASSEKERT: Thank you. 3 MS. FRIGEN: Thank you. 4 MR. NANCE: Item No. 6, application for 5 suspension for Chemeeka Green, Edwin Nieves, 6 Regina Scott, and Mei Wu. 7 Miss DeLia? 8 MS. DeLIA: Thank you. Good morning. 9 With respect to Edwin Nieves, we've 10 received a letter of representation from 11 attorney James Swift. He's not objecting to 12 the suspension of Mr. Nieves' credentials. 13 For the record, I'd just like to ask if 14 anyone else is present or represented? 15 (No response.) 16 MS. DeLIA: Guess not. 17 CHAIR KASSEKERT: Okay. 18 MS. DeLIA: Mr. Biscieglia is here on 19 behalf of the Division. 20 CHAIR KASSEKERT: Thank you. 21 Mr. Biscieglia? 22 MR. BISCIEGLIA: Thank you. 23 The Division would just like to add for 24 the record that in regards to Agenda Item 6b, 25 Edwin Nieves, Mr. Nieves has been indicted in 20 ITEM NO. 7 1 Atlantic County for one count of theft by 2 unlawful taking, third degree. 3 In regards to the four remaining 4 suspension applications, they are all currently 5 pending a grand jury with no date set. 6 Thank you. 7 CHAIR KASSEKERT: Thank you. 8 Any questions? 9 COMMISSIONER SOMMELING: No questions, 10 Madame Chair. 11 COMMISSIONER EPPS: Move that we grant 12 the Division's applications for suspension. 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 Thank you. 21 MS. DeLIA: Thank you. 22 MR. NANCE: Item No. 7, petition of 23 Tropicana Atlantic City Corp. for clarification 24 of the qualification status of Edward E. 25 Mattner, Icahn Partners Master Fund, II Feeder, 21 ITEM NO. 7 1 LP, Icahn Management, LP, and various credit 2 agreement lenders. 3 Miss Richardson? 4 MS. RICHARDSON: Good morning, Chair and 5 Commissioners. 6 A draft resolution was circulated to the 7 parties in this matter, and appearing for 8 Petitioner is Chris Soriano and for the 9 Division is DAG Jack Adams. 10 CHAIR KASSEKERT: Good morning. 11 MR. SORIANO: Good morning, Madame Chair 12 and Commissioners. 13 Two brief comments this morning. We 14 have reviewed the draft resolution. The first 15 is administrative, which is we would like to 16 make a sealing respect with respect to Exhibit 17 A of the certification of Gilbert Brooks filed 18 on March 16th, 2010. This is a one-page 19 document that consists of a shareholder 20 register with respect to one of the funds, and 21 we would like it to be treated confidential. 22 CHAIR KASSEKERT: Okay. Let me ask if 23 the Division has any objection to the sealing 24 request? 25 MR. ADAMS: I want to make sure we're 22 ITEM NO. 7 1 talking about the same exhibit. 2 CHAIR KASSEKERT: Sure. 3 MR. ADAMS: Is this the list of lenders 4 on the term loan, revolver? 5 MR. SORIANO: No. It's the -- 6 MR. ADAMS: Oh, this is Icahn Master 7 Feeder Fund. We would have no objection there. 8 CHAIR KASSEKERT: Okay. Do I need to 9 take a vote on that, or can I just agree to the 10 sealing request? 11 MS. RICHARDSON: You do. 12 CHAIR KASSEKERT: Do need to take a 13 vote? Okay. 14 Could I have a motion to approve the 15 sealing request? 16 COMMISSIONER SOMMELING: Motion to 17 approve, Madame Chair. 18 CHAIR KASSEKERT: Is there a second? 19 VICE CHAIR HARRINGTON: Second. 20 CHAIR KASSEKERT: The motion has been 21 made and seconded. All in favor? 22 (Ayes.) 23 CHAIR KASSEKERT: Opposed? 24 (No response.) 25 CHAIR KASSEKERT: Motion carries. 23 ITEM NO. 7 1 That document will be sealed. 2 MR. SORIANO: Thank you, Madame Chair. 3 The only comment we have is we have 4 reviewed the draft resolution. And the only 5 comment we wish to comment on is the 6 qualification status of the non-Icahn lenders 7 for the credit facility. We've submitted to 8 the Commission staff and to the Division a 9 memorandum detailing who these lenders are and 10 whether we believe at this point we can receive 11 waivers for them under Section 85c -- or 12 extension under -- I'm sorry, I have that 13 backward -- waiver under Section 85f. 14 There are three lenders for whom we have 15 yet been able to provide sufficient information 16 that would enable us to make that case. They 17 are P. Shawnfeld Asset Management, SPCP Group, 18 LLC, and Manchester Securities, Corp. And 19 based on our research to date, we do not yet 20 know whether we can seek a waiver or exemption 21 for qualification for them. The draft 22 resolution gives us until May 14th to provide 23 information regarding their financial source 24 qualification. And the only point that I wish 25 to make is that we are continuing to 24 ITEM NO. 7 1 investigate whether or not we can seek a waiver 2 or exemption for those lenders. And if we 3 receive sufficient information that would 4 permit us to do so, we will present that to the 5 Commission staff and the to the Division, and 6 we would seek appropriate relief for the 7 Division at that point in time. 8 Otherwise, we have no further comments 9 on the draft resolution. We would like to 10 thank the Commission, the Commission staff, and 11 the Division and the Division for its 12 consideration and respectfully request that the 13 resolution be approved. 14 CHAIR KASSEKERT: Thank you. 15 Any questions before we hear from Mr. 16 Adams? 17 COMMISSIONER SOMMELING: No questions, 18 Madame Chair. 19 CHAIR KASSEKERT: Mr. Adams? 20 MR. ADAMS: Thank you, Chair and 21 Commissioners. 22 You have our response to the petition. 23 I guess I'll just address primarily the 24 non-Icahn lenders and the financial source 25 issue. 25 ITEM NO. 7 1 CHAIR KASSEKERT: Uh-hum. 2 MR. ADAMS: With respect to any further 3 information, it's going to be supplied or it's 4 envisioned, I believe, that there might be an 5 actual petition filed which may set forth the 6 waiver situation or exemption situation with 7 respect to these lenders. We would just urge 8 that it be done at the earliest possible date. 9 CHAIR KASSEKERT: Uh-hum. 10 MR. ADAMS: Because we are all under a 11 time -- ultimate time constraint here. 12 We believe, nonetheless, that for the 13 reasons I set forth in our response that you 14 still do have some discretion here, and you 15 don't have to designate all of these non-Icahn 16 lenders as financial sources for the reasons we 17 set forth. 18 If you have any additional questions on 19 that, I'd be happy to answer them. 20 CHAIR KASSEKERT: Thank you. 21 Any questions for the Division? 22 COMMISSIONER SOMMELING: I have no 23 questions, Madame Chair. 24 I move to adopt the draft resolution and 25 grant the relief requested in the petition to 26 ITEM NO. 8 1 the extent set forth in the resolution. 2 CHAIR KASSEKERT: Is there a second? 3 COMMISSIONER FANELLE: Second. 4 CHAIR KASSEKERT: Motion has been made 5 and seconded. This is a roll call vote. 6 MR. NANCE: Commissioner Sommeling? 7 COMMISSIONER SOMMELING: Yes. 8 MR. NANCE: Commissioner Epps? 9 COMMISSIONER EPPS: Yes. 10 MR. NANCE: Commissioner Fanelle? 11 COMMISSIONER FANELLE: Yes. 12 MR. NANCE: Vice Chair Harrington? 13 VICE CHAIR HARRINGTON: Yes. 14 MR. NANCE: Chair Kassekert? 15 CHAIR KASSEKERT: Yes. 16 MR. NANCE: The record will reflect that 17 the motion is unanimous. 18 CHAIR KASSEKERT: Thank you. 19 MR. SORIANO: Thank you. 20 MR. NANCE: Item No. 8, joint petition 21 of Infinity World Investments, LLC, and 22 Infinity World, LP, for approval to withdraw 23 their application for qualification and related 24 relief. 25 Miss Richardson? 27 ITEM NO. 8 1 MS. RICHARDSON: Good morning, again, 2 Chair and Commissioners. 3 A draft resolution was also circulated 4 in this matter, and appearing for the 5 petitioners is Nick Casiello and for the 6 Division is DAG Jim Fogarty. 7 CHAIR KASSEKERT: Mr. Casiello? 8 MR. CASIELLO: Good morning, Madame 9 Chair and Commissioners. I'll start in reverse 10 order, so to speak. 11 I have reviewed the draft resolution, 12 and its form and substance is acceptable to 13 Petitioners. 14 Just briefly, Infinity World entities 15 applied for qualification and ICA because of 16 their ownership interest in MGM MIRAGE. At 17 your last meeting you approved the stipulation 18 of settlement between the DGE and MGM MIRAGE, 19 which upon funding of the trust agreement would 20 eliminate the requirement that MGM MIRAGE had 21 to qualify. And the trust has since been 22 funded. Since MGM MIRAGE doesn't have to 23 qualify, the Infinity World should not have to 24 qualify. Therefore, we respectfully request 25 that they be allowed to withdraw their 28 ITEM NO. 8 1 application and that the trust be allowed to 2 terminate. 3 Thank you. 4 CHAIR KASSEKERT: Thank you. 5 Any questions for Mr. Casiello? 6 COMMISSIONER SOMMELING: I have no 7 questions, Madame Chair. 8 CHAIR KASSEKERT: Mr. Fogarty? 9 MR. FOGARTY: Yes, good morning. 10 We weighed in, so to speak, on the 11 petition by a letter dated March 22, 2010, not 12 opposing the relief sought, and it's my 13 information that the divestiture trust from the 14 settlement matter with MIRAGE has been funded. 15 So that's an up-and-running thing, as far as we 16 are concerned, which would be the only thing 17 that might have gotten in the way of the relief 18 sought here. 19 So we would recommend that you approve 20 the request made by Mr. Casiello on behalf the 21 of the Infinity entities. 22 CHAIR KASSEKERT: Thank you. 23 Any questions for Mr. Fogarty? 24 MR. FOGARTY: And -- I'm sorry. 25 CHAIR KASSEKERT: I'm sorry. 29 ITEM NO. 8 1 MR. FOGARTY: I've seen the draft 2 resolution, and it's acceptable. 3 CHAIR KASSEKERT: Thank you. 4 Any questions? 5 COMMISSIONER SOMMELING: No questions, 6 Madame Chair. 7 COMMISSIONER EPPS: I move -- 8 VICE CHAIR HARRINGTON: I move that we 9 adopt the draft resolution and grant the relief 10 requested in the petition and to the extent set 11 forth in the resolution. 12 COMMISSIONER EPPS: Second. 13 CHAIR KASSEKERT: Motion has been made 14 and seconded. This is a roll call vote. 15 MR. NANCE: Commissioner Sommeling? 16 COMMISSIONER SOMMELING: Yes. 17 MR. NANCE: Commissioner Epps? 18 COMMISSIONER EPPS: Yes. 19 MR. NANCE: Commissioner Fanelle? 20 COMMISSIONER FANELLE: Yes. 21 MR. NANCE: Vice Chair Harrington? 22 VICE CHAIR HARRINGTON: Yes. 23 MR. NANCE: Chair Kassekert? 24 CHAIR KASSEKERT: Yes. 25 MR. NANCE: The record will reflect that 30 ITEM NO. 9 1 the motion is unanimous. 2 CHAIR KASSEKERT: Thank you. 3 MR. CASIELLO: Thank you, Commissioners. 4 MR. FOGARTY: Thank you. 5 MR. NANCE: Item No. 9, petition of 6 Marina District Development Company, LLC, for 7 waiver of a qualification requirement for an 8 officer of its holding company, Boyd Gaming 9 Corporation, pursuant to NJSA 5:12-85d(1). 10 Miss Richardson? 11 MS. RICHARDSON: Good morning again. 12 The draft resolution was also circulated 13 in this matter to the parties. And appearing 14 for the Petitioner is Lynne Kaufman and for the 15 Division is DAG Jim Fogarty. 16 CHAIR KASSEKERT: Good morning, Miss 17 Kaufman. 18 MS. KAUFMAN: Good morning. 19 I've reviewed the draft resolution for a 20 waiver of Paula Eylar and would ask that the 21 Commission adopt it. 22 CHAIR KASSEKERT: Thank you. 23 Any questions? 24 COMMISSIONER SOMMELING: No questions, 25 Madame Chair. 31 ITEM NO. 9 1 CHAIR KASSEKERT: Mr. Fogarty? 2 MR. FOGARTY: Yes. In our letter dated 3 March 29, 2010, I noted the Director's 4 concurrence in the waiver that's sought for Ms. 5 Eylar in the position of Vice President of 6 Business and Technology for Boyd Gaming 7 Corporation. 8 I've seen the draft resolution. We have 9 no objection to its entry. 10 CHAIR KASSEKERT: Thank you. 11 Any questions? 12 COMMISSIONER SOMMELING: No questions, 13 Madame Chair. 14 COMMISSIONER EPPS: Madame Chair, I move 15 that we adopt the draft resolution and waive 16 the qualification requirement pursuant to NJSA 17 5:12-85d(1) as to Paula Eylar in her capacity 18 as Vice President of Business and Technology 19 for Boyd Gaming Corp. 20 VICE CHAIR HARRINGTON: Second. 21 CHAIR KASSEKERT: Motion is made and 22 seconded. This is a roll call vote. 23 MR. NANCE: Commissioner Sommeling? 24 COMMISSIONER SOMMELING: Yes. 25 MR. NANCE: Commissioner Epps? 32 ITEM NO. 10 1 COMMISSIONER EPPS: Yes. 2 MR. NANCE: Commissioner Fanelle? 3 COMMISSIONER FANELLE: Yes. 4 MR. NANCE: Vice Chair Harrington? 5 VICE CHAIR HARRINGTON: 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 MR. FOGARTY: Thank you. 12 MR. NANCE: Item No. 10, readoption of 13 NJAC 19:40. 14 Miss Frank? 15 MS. FRANK: Good morning, Chair and 16 Commissioners. 17 The proposed readoption of this chapter, 18 General Provisions, was exempted from the 19 rulemaking freeze imposed by Governor 20 Christie's Executive Order No. 1. 21 If approved today, the readoption will 22 become effective with its filing with the 23 Office of Administrative Law tomorrow, and it 24 will also appear in the May 3rd issue of the 25 "New Jersey Register." 33 ITEM NO. 11 1 CHAIR KASSEKERT: Thank you. 2 Any questions for Miss Frank? 3 COMMISSIONER SOMMELING: No questions, 4 Madame Chair. 5 COMMISSIONER EPPS: I move that we 6 approve these provisions for final readoption 7 as published. 8 COMMISSIONER SOMMELING: Second. 9 CHAIR KASSEKERT: The motion has been 10 made and seconded. All in favor? 11 (Ayes.) 12 CHAIR KASSEKERT: Opposed? 13 (No response.) 14 CHAIR KASSEKERT: The motion carries. 15 MS. FRANK: Thank you. 16 CHAIR KASSEKERT: Thank you. 17 MR. NANCE: Item No. 11, review of 18 delegated authorities in accordance with NJAC 19 19:40-2.5(c) and reorganization of Casino 20 Control Commission Internal Audit Committee. 21 Ms. Fauntleroy? 22 MS. FAUNTLEROY: Good morning, again. 23 NJAC 19:40-2.5(c) requires that 24 concurrent with the readoption of Chapter 40 of 25 the Commission's regulations, the full 34 ITEM NO. 11 1 Commission review all previous delegations of 2 authority and determine whether each delegation 3 should be retained and/or amended and is 4 uniform and consistent with all statutory and 5 regulatory provisions. 6 Accordingly, each division director was 7 asked to review his or her current delegations 8 with these objectives in mind. 9 I have reviewed with you individually 10 and preliminarily in closed session the 11 proposed delegations of authority and would ask 12 for your consideration accordingly. 13 CHAIR KASSEKERT: Thank you. 14 Any questions? 15 COMMISSIONER SOMMELING: No questions, 16 Madame Chair. 17 COMMISSIONER EPPS: Madame Chair, I move 18 that we readopt as amended the resolutions 19 delegating authority to perform certain 20 functions to General Counsel, Executive 21 Secretary, Director of Financial Evaluation, 22 Director of Compliance, Director of Licensing, 23 the Chair, and Commission. 24 COMMISSIONER SOMMELING: Second. 25 CHAIR KASSEKERT: Motion is made and 35 ITEM NO. 11 1 seconded. This is a roll call vote. 2 MR. NANCE: Commissioner Sommeling? 3 COMMISSIONER SOMMELING: Yes. 4 MR. NANCE: Commissioner Epps? 5 COMMISSIONER EPPS: Yes. 6 MR. NANCE: Commissioner Fanelle? 7 COMMISSIONER FANELLE: Yes. 8 MR. NANCE: Vice Chair Harrington? 9 VICE CHAIR HARRINGTON: Yes. 10 MR. NANCE: Chair Kassekert? 11 CHAIR KASSEKERT: Yes. 12 MR. NANCE: The record will reflect that 13 the motion is unanimous. 14 MS. FAUNTLEROY: The second part of the 15 Agenda Item 11 is consideration of the 16 replacement of Former Commissioner Fedorko on 17 the Commission's Internal Audit Committee. The 18 recommendation is to appoint Commissioner 19 Fanelle in that capacity in that he does not 20 have any day-to-day operational oversight of 21 the Commission, which is a prerequisite of 22 participation on the audit committee. 23 CHAIR KASSEKERT: Thank you. 24 Any questions? 25 COMMISSIONER SOMMELING: Madame Chair, 36 ITEM NO. 12 1 move to adopt the draft resolution and appoint 2 Commissioner Fanelle to replace Former 3 Commissioner Fedorko to the Commission's Audit 4 Committee. 5 VICE CHAIR HARRINGTON: Second. 6 CHAIR KASSEKERT: The motion has been 7 made and seconded. All in favor? 8 (Ayes.) 9 CHAIR KASSEKERT: Opposed? 10 (No response.) 11 CHAIR KASSEKERT: The motion carries. 12 MR. NANCE: Item No. 12, proposed 13 publication of amendments and proposed new 14 rules concerning Multi-Player Slot Machine 15 Systems. 16 Mr. Briliant? 17 MR. BRILIANT: Good morning, Madame 18 Chair and Commissioners. 19 You have before you a proposal that 20 would permit casino licensees to offer a 21 multi-player slot machine system. 22 This proposal was temporarily adopted by 23 the Commission on January 21st, 2009, became 24 effective on February 17th, 2009. 25 A system called "Roulette Evolution" was 37 ITEM NO. 13 1 subsequently installed at Resorts and has been 2 operating there since March of 2009. 3 I would note that the pro -- excuse 4 me -- the temporary adoption that is now in 5 effect was frozen under Executive Order No. 1 6 and was later exempted from that order on 7 February 15th, 2010. So you now have before 8 you a draft notice of proposal to be published 9 so that we can solicit public comment on this 10 matter. 11 CHAIR KASSEKERT: Thank you. 12 Any questions? 13 COMMISSIONER SOMMELING: No questions, 14 Madame Chair. 15 VICE CHAIR HARRINGTON: I move we 16 approve this for publication. 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 MR. NANCE: Item No. 13, proposed 25 publication of amendments to NJAC 19:45-1.20. 38 ITEM NO. 14 1 Mr. Briliant? 2 MR. BRILIANT: Okay. Once again, we had 3 temporarily adopted a proposal which would 4 permit the use of a modified table inventory 5 container. That was temp adopted on January 6 16th, 2009. The regulation was exempted from 7 the Executive Order of January 21st, 2010, and 8 we are suggesting that you go ahead and publish 9 for public comment. 10 CHAIR KASSEKERT: Thank you. 11 Any questions? 12 COMMISSIONER SOMMELING: Move to approve 13 for publication, Madame Chair. 14 COMMISSIONER EPPS: 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 MR. NANCE: Item No. 14, petition of 22 Trump Taj Mahal Associates, LLC, for permission 23 to transfer progressive jackpots pursuant to 24 NJAC 19:45-1.39(n). 25 Mr. Briliant? 39 ITEM NO. 14 1 MR. BRILIANT: Okay. I believe Miss 2 Pickus is not here on behalf of Taj Mahal, but 3 Mr. Ficchi is here on behalf of the Division. 4 This is a request to transfer certain 5 progressive slot jackpots from five stand-alone 6 machines to a super jackpot on a multi-level 7 progressive link. 8 And I have circulated the draft 9 resolution, and you and Mr. Ficchi have it. 10 CHAIR KASSEKERT: Thank you. 11 Mr. Ficchi? 12 MR. FICCHI: Good morning, Madame Chair, 13 Commissioners. 14 The Division has reviewed the draft 15 resolution and has no objection to its adoption 16 by the Commission. 17 Thank you. 18 CHAIR KASSEKERT: Thank you. 19 Any questions? 20 COMMISSIONER SOMMELING: No questions, 21 Madame Chair. 22 Madame Chair, move to adopt the draft 23 resolution and grant the relief requested by 24 Taj Mahal Associates, LLC, to permit the 25 transfer of progressive jackpots from the 40 ITEM NO. 15 1 Ainsworth "Double Mystery" slot machine game to 2 the Williams "Jackpot Party" multi-level slot 3 machine link subject to the compliance with the 4 30-day notice requirement in NJAC 5 19:45-1.39(n)1. 6 CHAIR KASSEKERT: Is there a second? 7 COMMISSIONER EPPS: 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: The motion carries. 14 Thank you. 15 MR. NANCE: Item No. 15, Petition of 16 Marina District Development Company, LLC, to 17 amend its casino operation certificate pursuant 18 to NJAC -- excuse me -- NJSA 5:12-96(c). 19 MR. MONCRIEF: Madame Chair, members of 20 the Commission, a draft resolution has been 21 circulated to the parties. And here for the 22 Petitioner is Lynne Kaufman and for the 23 Division is DAG Tim Ficchi. 24 CHAIR KASSEKERT: Thank you. 25 Miss Kaufman? 41 ITEM NO. 15 1 MS. KAUFMAN: Good morning again. 2 You have before you a petition to 3 reconfigure the Borgata casino floor, basically 4 with the goal to increase customer comfort and 5 to continue to enable Borgata to be the 6 high-performing property that it is. 7 I've reviewed the resolution and ask 8 that you adopt it. 9 CHAIR KASSEKERT: Thank you. 10 Mr. Ficchi? 11 MR. FICCHI: Again, Commissioners, the 12 Division has reviewed the draft resolution and 13 has no objection to its adoption. 14 CHAIR KASSEKERT: Thank you. 15 Any questions? 16 COMMISSIONER SOMMELING: I have no 17 questions, Madame Chair. 18 COMMISSIONER EPPS: Madame Chair, I move 19 that we adopt the draft resolution and approve 20 the petition of Marina District Development 21 Company, LLC, for an amendment to its 22 certificate of operation and CHAB license to 23 permit the reconfiguration of its gaming floor 24 subject to the conditions in the resolution. 25 COMMISSIONER FANELLE: Second. 42 ITEM NO. 16 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 MS. KAUFMAN: Thank you. 9 MR. NANCE: Item No. 16, petition of 10 Bally's Park Place, Inc., to amend its casino 11 license and operating certificate in accordance 12 with NJSA 5:12-96c and NJAC 19:43-7.1, et seq., 13 for table games and slot reconfiguration at its 14 Park Place and Wild Wild West Casino and 15 simulcast facilities and such other relief. 16 Mr. Moncrief? 17 MR. MONCRIEF: Madame Chair and members 18 of the Commission, before you is Mike Magazzu 19 representing the Petitioner and DAG Tim Ficchi 20 for the Division. 21 A draft resolution has been circulated 22 amongst the parties, and in its present form 23 was not objected to by the Division or the 24 Petitioner. However, it will be modified to 25 reflect any different ruling that you may give 43 ITEM NO. 16 1 today. 2 CHAIR KASSEKERT: Thank you. 3 Mr. Magazzu? 4 MR. MAGAZZU: Thank you, Madame Chair, 5 members of the Commission. Mike Magazzu on 6 behalf of Bally's Atlantic City. 7 As Mr. Moncrief has stated, we have 8 reviewed the draft resolution. We are fully 9 aware of the conditions set forth therein. 10 The only item that we would like to add 11 is the relief sought in the letter amendments 12 that we submitted on April 5, 2010, regarding 13 the removal of certain slot progressive 14 machines for a period in excess of the five 15 days permitted by the regulations. 16 Other than that, we ask that the 17 resolution with that addition be adopted by the 18 Commission. 19 Thank you. 20 CHAIR KASSEKERT: Thank you. 21 Any questions? 22 COMMISSIONER SOMMELING: No questions, 23 Madame Chair. 24 CHAIR KASSEKERT: Commissioner Epps? 25 COMMISSIONER EPPS: What does the draft 44 ITEM NO. 16 1 resolution say to the temporary -- 2 MR. MONCRIEF: Commissioner, the draft 3 resolution was prepared prior to the letter 4 amendment coming in, so the draft resolution 5 does not contain anything granting the waiver 6 of the regulation. Only allowing the 7 progressives to be removed from the floor for 8 up to five days. So if you grant that relief, 9 that condition will be added to the draft 10 resolution. 11 COMMISSIONER EPPS: Okay. I follow. 12 CHAIR KASSEKERT: Mr. Moncrief, do you 13 have any position on that addition? 14 MR. MONCRIEF: I believe -- I believe 15 Mr. Briliant discussed it with the 16 Commissioners individually to see if they had 17 any issues. 18 CHAIR KASSEKERT: Okay. Okay. Thank 19 you. 20 Mr. Ficchi? 21 MR. FICCHI: Thank you, Madame Chair, 22 Commissioners. 23 The Division's reviewed the original 24 draft resolution and also the amendment, and 25 has no objection to either the waiver issue due 45 ITEM NO. 16 1 to the limited circumstances why they would 2 question the waiver and the limited time frame 3 going right above the five day in case I think 4 seven days staggered. So it's a very limited 5 time, so the -- over the requirement time 6 limit, so the Division has no objection to the 7 waiver. 8 CHAIR KASSEKERT: Okay. Any questions? 9 COMMISSIONER SOMMELING: No questions, 10 Madame Chair. 11 CHAIR KASSEKERT: Commissioner Epps? 12 COMMISSIONER EPPS: After reviewing this 13 request with Mr. Briliant and staff and having 14 a better understanding that there is no 15 hard-and-fast reason for the five-day rule 16 necessarily, and then understanding the limited 17 purpose of the shift to improve the floor, I'm 18 comfortable that we can grant the additional 19 request of the temporary waiver of while they 20 move it from between 7 and 14 days as 21 requested. 22 And as a secondary comment, it might be 23 a good time to review that regulation and see 24 if some amendment is in order for that five 25 to -- to address that five-day rule as it 46 ITEM NO. 16 1 stands anyway inasmuch as it was no necessarily 2 hard-and-fast reason for the five days. So 3 that's a secondary comment. 4 But I would move in the resolution -- I 5 would move the resolution amending it to add 6 the waivers for the slot machine shifts as 7 requested. 8 COMMISSIONER SOMMELING: Second. 9 CHAIR KASSEKERT: Is that -- 10 MS. FAUNTLEROY: That's fine. 11 (Conferring.) 12 MR. MONCRIEF: Madame Chair, Mr. 13 Briliant just brought to my attention that we 14 may -- and I'm not sure if Mr. Magazzu would 15 object to this or not -- require that notice be 16 posted saying that the machines are going to be 17 removed and returned to the floor at a certain 18 date so the patrons are aware -- 19 CHAIR KASSEKERT: So the patrons are 20 aware. 21 MR. MONCRIEF: The machine doesn't just 22 disappear. 23 CHAIR KASSEKERT: Yes. We know because 24 some patrons have favorite machines. 25 MR. MAGAZZU: We would have no objection 47 ITEM NO. 16 1 to that. 2 CHAIR KASSEKERT: Very good. Thank you. 3 Commissioner Epps made a motion. Is 4 there a second? 5 Dianna? 6 MS. FAUNTLEROY: If the Commission would 7 consider specific language with regard to the 8 motion only adding that "and granting the 9 requested limited waiver subject to the 10 condition that an appropriate notice be 11 provided." 12 CHAIR KASSEKERT: Provided. 13 MS. FAUNTLEROY: That would be 14 appreciated. 15 COMMISSIONER SOMMELING: With that on 16 the record, I will -- 17 COMMISSIONER EPPS: As so eloquently 18 stated by counsel, I would amend my motion 19 thusly. 20 (Laughter.) 21 CHAIR KASSEKERT: Okay. 22 COMMISSIONER SOMMELING: Thusly. 23 CHAIR KASSEKERT: The motion has been 24 made. All in favor? 25 (Ayes.) 48 ITEM NO. 17 1 CHAIR KASSEKERT: Opposed? 2 (No response.) 3 CHAIR KASSEKERT: Motion carries. 4 MR. MAGAZZU: Thank you. 5 MR. FOGARTY: Thank you. 6 MR. MONCRIEF: Thank you. 7 MR. NANCE: Item No. 17 has been 8 adjourned. 9 In accordance with Resolution No. 10 09-12-16-20, the next closed session of the 11 Commission shall be held on Wednesday, April 12 21st, 2010, at 9:15 a.m. in the Commission 13 offices. 14 It is now time for the public 15 participation portion of the meeting. 16 CHAIR KASSEKERT: Is there anyone from 17 the public who wishes to be heard? 18 (No response.) 19 CHAIR KASSEKERT: Seeing no one, I will 20 declare this portion of the meeting closed and 21 entertain a motion to adjourn. 22 COMMISSIONER SOMMELING: Motion to 23 adjourn. 24 COMMISSIONER EPPS: Second. 25 COMMISSIONER FANELLE: Second. 49 ITEM NO. 17 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: Motion carries. 7 Thank you. 8 (Public Meeting 10-04-07 was adjourned 9 at 11:05 a.m.) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 50 ITEM NO. 17 1 2 C E R T I F I C A T E 3 4 5 I, DARLENE SILLITOE, a Certified Court 6 Reporter and Notary Public of the State of New 7 Jersey, certify that the foregoing is a true 8 and accurate transcript of the proceedings. 9 10 11 I further certify that I am neither 12 attorney, of counsel for, nor related to or 13 employed by any of the parties to the action; 14 further that I am not a relative or employee of 15 any attorney or counsel employed in this case; 16 nor am I financially interested in the action. 17 18 19 DARLENE SILLITOE CCR 20 License No XI01023 21 22 Dated: April 11, 2010 23 My Notary Commission Expires July 22, 2014 24 ID No 2062871 25