1 1 STATE OF NEW JERSEY 2 CASINO CONTROL COMMISSION 3 - - - - - - - - - - - - - - - - - - - 4 5 PUBLIC MEETING NO. 10-12-15 6 7 - - - - - - - - - - - - - - - - - - - 8 9 Wednesday, December 15, 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 11:38 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 700 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 EDWARD J. FANELLE, 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 TERESA M. NAGENGAST, SENIOR COUNSEL SETH H. BRILLIANT, SENIOR COUNSEL 10 LON E. MAMOLEN, SENIOR COUNSEL ROBERT A. MONCRIEF, JR., 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 BRIAN C. BISCIEGLIA, DEPUTY ATTORNEY GENERAL TIMOTHY C. FICCHI, DEPUTY ATTORNEY GENERAL 15 JAMES C. FOGARTY, DEPUTY ATTORNEY GENERAL CHARLES F. KIMMEL, DEPUTY ATTORNEY GENERAL 16 R. LANE STEBBINS, DEPUTY ATTORNEY GENERAL 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. 3 DARYL W. NANCE, ADMINISTRATIVE ANALYST JAMES C. FOGARTY, DEPUTY ATTORNEY GENERAL 3 FOX ROTHSCHILD, LLP MARIE JONES, ESQ. 4 FOR: TRUMP TAJ MAHAL ASSOCIATES, LLC 5 ITEM NO. 4 BRIAN C. BISCIEGLIA, DEPUTY ATTORNEY GENERAL 6 COOPER, LEVENSON, APRIL, NIEDELMAN & WAGENHEIM, PA 7 LYNNE LEVIN KAUFMAN, ESQ. FOR: BETSY E. LIEBERMAN 8 ITEM NO. 5 ROBERT A. MONCRIEF, JR., COUNSEL 9 R. LANE STEBBINS, DEPUTY ATTORNEY GENERAL MICHAEL A. MAGAZZU, ESQ. 10 FOR: SHOWBOAT ATLANTIC CITY OPERATING COMPANY, LLC 11 ITEM NO. 10 CLAIRE FRANK, PROGRAM SUPERVISOR 12 JAMES C. FOGARTY, DEPUTY ATTORNEY GENERAL FOX ROTHSCHILD, LLP 13 MARIE JONES, ESQ. FOR: TRUMP ENTERTAINMENT RESORTS, INC. 14 ITEM NO. 11 TERESA M. NAGENGAST, SENIOR COUNSEL 15 GEORGE N. ROVER, ASSISTANT ATTORNEY GENERAL 16 DUANE MORRIS, LLP GILBERT L. BROOKS, ESQ. 17 FOR: SPORTECH, PLC, AND SPORTECH RACING, LLC 18 ITEM NO. 12 SETH H. BRILIANT, SENIOR COUNSEL 19 CHARLES F. KIMMEL, DEPUTY ATTORNEY GENERAL MICHAEL A. MAGAZZU, ESQ. 20 FOR: HARRAH'S ENTITIES 21 ITEM NO. 13 SETH H. BRILIANT, SENIOR COUNSEL CHARLES F. KIMMEL, DEPUTY ATTORNEY GENERAL 22 MICHAEL A. MAGAZZU, ESQ. FOR: HARRAH'S ENTITIES 23 24 25 4 1 AGENDA PUBLIC MEETING NO. 10-12-15 2 DECEMBER 15, 2010, 10:38 a.m. ITEM PAGE VOTE 3 1 Ratification of the minutes of the 8 8 December 1, 2010, public meeting 4 Application for casino service industry 10 10 license pursuant to NJSA 5:12-92(a) for 5 BMM North America Presentation of Christopher Storcella 10 6 2 Applications for employee and casino service industry licenses 7 2 initial and/or renewal of casino key 8 9 and casino employee licenses 8 4 initial and/or renewal of casino key 9 9 and casino employee licenses 9 3 Petition of Trump Taj Mahal Associates, 12 13 LLC, for the issuance of a temporary 10 casino key employee license to Michael Mellon pursuant to NJSA 5:12-89(e) and to 11 permit him pursuant to NJAC 19:43-2.6 to Assume the duties and exercise the powers 12 of Vice President of Hotel Operations without first having been fund qualified 13 (PRN 3351002) 4 Stipulations of settlement: 14 a) Betsy E. Lieberman (10-0286-MO) 14 15 b) Henry S. Le (a/k/a Dinh Hoang Son Le) 14 15 15 (10-0153-ER) 5 Stipulation of settlement in State v. 15 17 16 Showboat Atlantic City Operating Company, LLC (d/b/a Showboat Casino Hotel) 17 (10-0068-VC) 6 Preliminary hearing concerning the 17 19 18 exclusion of Nicholas Caltabiano (10-0236-EL) 7 Petitions for early reapplication 19 a) Kashawn C. McKinley (10-0175-RA) 19 26 b) Brenda J. Perry (10-0306-RA) 26 27 20 c) Clarence E. Washington (10-0297-RA) 27 38 Sworn 28 21 8 Application for suspension in State v. 39 48 Josephine D. Rollins (10-0349-RC) 22 Sworn 40 9 Consideration of forfeiture order in 48 50 23 Atlantic City Showboat, Inc. (d/b/a Showboat Casino Hotel), et al. (10-0284-VC) 24 10 Consideration of the plenary 50 52 qualification of Jeffrey Gilbert as a 25 member of the board of directors of Trump Entertainment Resorts, Inc. 5 1 CONTINUED AGENDA PUBLIC MEETING NO. 10-12-15 2 DECEMBER 15, 2010, 10:38 a.m. ITEM PAGE VOTE 3 11 Petition of Sportech, PLC, and Sportech 53 68 Racing, LLC, seeking nunc pro tunc relief 4 (PRN 3231002) 12 Petition of Harrah's Atlantic City 68 71 5 Operating Company, LLC; Showboat Atlantic City Operating Company, LLC; Bally's Park 6 Place, Inc., (d/b/a Bally's Atlantic City); and Boardwalk Regency Corp., (d/b/a Caesars 7 Atlantic City) for a declaratory ruling regarding the "Beverage on Demand" system 8 pursuant to NJAC 19:40-3.7 (PRN 3231001) 13 Petition of Bally's Park Place, Inc., 72 73 9 (d/b/a Bally's Atlantic City (for permission to transfer a progressive slot 10 jackpot pursuant to NJAC 19:45-1.39(n) (PRN 3261001) 11 14 Proposed publication of amendments to 73 74 NJAC 19:45-1.8 (Retention/Destruction of 12 redeemed slot coupons) 15 Proposed publication of amendments to adj. 13 NJAC 19:45-1.11 and 1.14 (staffing and functions of a satellite cage) 14 16 Proposed publication of amendments to adj. NJAC 19:40-1.2, 19:45-1.1, 1.8, 1.9B, 1.16, 15 1.18, 1.46; NJAC 19:46-1.5; NJAC 19:47-1.3, 1.9, 2.3, 2.17, 2.23, 2.24, 3.2, 5.1, 6.5, 16 7.2, 10.5, 11.7, 11.13, 13.4, 16.6, 17.6, 18.6, 19.5, 19.6, 20.6, 22.6, 23.6, 24.6, 17 25.6, 26.5, 26.6, 27.6, 28.6, 29.6, 30.6, 31.7, 32.6, 33.6, 34.7 and 35l6; NJAC 18 19:51-1.1 and 1.2A (table game wager coupons/CSI licensure) 19 17 Proposed adoption of amendment to NJAC 75 76 19:47-1.5 (alternative collection of 20 vigorish; true odds for craps buy bets) 18 Petition of Starlight Events for a adj. 21 declaratory ruling (PRN 2441002) 19 Proposed adoption of Resolution 76 76 22 concerning closed sessions for public meetings scheduled for the year 2011 23 24 25 6 1 E X H I B I T S : 2 NO. DESCRIPTION EVD 3 4 P-1 Remand for hearings 2 license X 5 P-2 Grant 4 licenses X 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (Exhibits retained by Commission.) 25 7 1 (Public Meeting 10-12-15 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. 8 ITEM NO. 1-2 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 December 7 1st, 2010, closed-session minutes. 8 Item No. 1, ratification of the minutes 9 of December 1st, 2010, public meeting. 10 VICE CHAIR HARRINGTON: Move that we 11 approve. 12 COMMISSIONER FANELLE: 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. 2, application for 20 employee and casino service industry licenses. 21 This an agenda item will be entered as Exhibit 22 List 1 and 2. 23 Exhibit List 1 consists of two 24 applications for initial and/or renewal for 25 casino key and casino employee licenses. 9 ITEM NO. 2 1 The Division has objected to these 2 licensures. 3 VICE CHAIR HARRINGTON: I'll move that 4 we remand for a hearing. 5 COMMISSIONER FANELLE: 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: Exhibit List 2 consists of 13 four applications for initial and/or renewal of 14 casino key and casino employee licenses. 15 Staff and the Division have recommended 16 that these licenses be granted. 17 COMMISSIONER FANELLE: I'll move that we 18 grant the four license applications. 19 VICE CHAIR HARRINGTON: Second. 20 CHAIR KASSEKERT: The motion is made and 21 seconded. All in favor? 22 (Ayes.) 23 CHAIR KASSEKERT: Opposed? 24 (No response.) 25 CHAIR KASSEKERT: The motion carries. 10 ITEM NO. 2 1 MR. NANCE: For consideration is the 2 casino service industry license application 3 pursuant to NJSA 5:12-92(a) for BMM North 4 America, Inc. 5 Staff and the Division have recommended 6 that this application be granted. 7 COMMISSIONER FANELLE: Move that we 8 grant the CSI application of BMM North America, 9 Inc. 10 VICE CHAIR HARRINGTON: 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 MR. NANCE: Mr. Storcella? 18 MR. STORCELLA: Good morning, Madame 19 Chair, Commissioners. 20 What I have for you today is 21 information. It's a notice of sorts of the 22 companies that have received revenue exemptions 23 since September. 24 In April of 2009 there was an amendment 25 to the Casino Control Act which allowed for 11 ITEM NO. 2 1 publicly traded companies that were doing 2 business with the casinos to be exempt from 3 licensure should the revenues of that company 4 or its parent company exceed one-tenth of one 5 percent of the amount of business that they 6 were doing with the casinos. 7 What you have before you are the four 8 companies since September that have received 9 those exemptions through delegated authority. 10 It's E-Dialog, Inc., FedEx Freight, Honeywell 11 International, and Wal-Mart Stores, Inc. 12 MS. FAUNTLEROY: November. 13 MR. STORCELLA: Pardon me? 14 MS. FAUNTLEROY: November. 15 MR. STORCELLA: November. I'm sorry. 16 CHAIR KASSEKERT: Thank you. 17 Any questions for Mr. Storcella? 18 VICE CHAIR HARRINGTON: How many does 19 that bring us to? 20 MR. STORCELLA: Excuse me. I should 21 have said that. 22 We now have a total of 26 companies, 23 publicly traded companies, that have been 24 exempt since the passage of the statute and the 25 regulations. 12 ITEM NO. 3 1 VICE CHAIR HARRINGTON: Thank you. 2 Thank you. 3 Any other questions? 4 MR. STORCELLA: Thank you. 5 CHAIR KASSEKERT: Thank you, Mr. 6 Storcella. 7 MR. NANCE: Item No. 3, Petition No. 8 3351002 of Trump Taj Mahal Associates, LLC, is 9 requesting the issuance of a temporary casino 10 key employee license to Michael Mellon pursuant 11 to NJSA 5:12-89(e) and to permit him pursuant 12 to NJAC 19:43-2.6 to assume the duties and 13 exercise the powers of Vice President of Hotel 14 Operations without first having been found 15 qualified. 16 CHAIR KASSEKERT: Good morning, Miss 17 Jones. 18 MS. JONES: Good morning, Chair, 19 Commissioners. Marie Jones on behalf of the 20 Trump Taj Mahal. 21 You have the Division report, and we ask 22 that you find Mr. Mellon temporarily qualified. 23 Thank you. 24 CHAIR KASSEKERT: Thank you. 25 Anyone from the Division on this matter? 13 ITEM NO. 3 1 Mr. Fogarty? 2 MR. FOGARTY: Well, I wasn't planning on 3 it, but here I am. 4 I believe we have communicated with your 5 staff and oppose -- 6 (Laughter.) 7 MR. FOGARTY: Or suggested that there be 8 no opposition to the relief sought. 9 CHAIR KASSEKERT: Thank you. 10 Any questions? 11 COMMISSIONER FANELLE: Madame Chair, I 12 move to approve the petition and issue a 13 temporary casino key employee license to 14 Michael Mellon and permit him to assume the 15 duties and exercise the powers of Vice 16 President of Hotel Operations without first 17 having been found qualified. 18 VICE CHAIR HARRINGTON: Second. 19 CHAIR KASSEKERT: The motion has been 20 made and seconded. This is a roll call. 21 MR. NANCE: Commissioner Epps? 22 COMMISSIONER EPPS: Yes. 23 MR. NANCE: Commissioner Fanelle? 24 COMMISSIONER FANELLE: Yes. 25 MR. NANCE: Vice Chair Harrington? 14 ITEM NO. 4 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 MS. JONES: Thank you. 7 CHAIR KASSEKERT: Thank you. 8 MR. FOGARTY: Thank you. 9 MR. NANCE: Item No. 4, stipulation of 10 settlement: Betsy E. Lieberman, Henry S. Le. 11 If I called your name, would you please 12 come forward, standing behind his middle table 13 so you can be seen. 14 CHAIR KASSEKERT: I don't think either 15 of the applicants are here. 16 Miss Kaufman? Are you representing one 17 of the applicants? 18 MS. KAUFMAN: Yes. Betsy Lieberman. 19 Lynne Kaufman, Cooper Levenson. 20 CHAIR KASSEKERT: Thank you. 21 Anything? 22 MS. KAUFMAN: No. We've reviewed and 23 accept the stipulation. 24 CHAIR KASSEKERT: Thank you. 25 Mr. Biscieglia? 15 ITEM NO. 5 1 MR. BISCIEGLIA: Good morning, Chair and 2 Commissioners. 3 The Division has nothing further and 4 asks that the stipulation be approved as 5 submitted. 6 Thank you. 7 CHAIR KASSEKERT: Thank you. 8 Any questions? 9 COMMISSIONER FANELLE: Madame Chair, I 10 move we approve the stipulations. 11 COMMISSIONER EPPS: 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: The motion carries. 18 Thank you. 19 MS. JONES: Thank you. 20 MR. NANCE: Item No. 5, stipulation of 21 statement in State versus Showboat Atlantic 22 City Operating Company, LLC. 23 MR. MONCRIEF: Good morning, Madame 24 Chair, members of the Commission. 25 Before you a stipulation of statement 16 ITEM NO. 5 1 for your approval in which the licensee admits 2 to the regulatory violation alleged and also 3 agrees to pay the penalty imposed in the 4 stipulation of settlement. 5 Here on behalf of the licensee is Mike 6 Magazzu and for the Division is Lane Stebbins. 7 CHAIR KASSEKERT: Thank you. 8 Good morning, Mr. Magazzu. 9 MR. MAGAZZU: Good morning, Madame Chair 10 and Commissioners. 11 I have reviewed the stipulation with my 12 clients at Showboat, and we are agreeable to 13 the terms therein. We just ask that you 14 approve the stipulation. 15 Thank you. 16 CHAIR KASSEKERT: Thank you. 17 Mr. Stebbins? 18 MR. STEBBINS: Madame Chair, members of 19 the Commission, this is number of gambling 20 matters. The penalties are in line with cases 21 of this nature, and we ask that you adopt the 22 stipulation. 23 Thank you. 24 CHAIR KASSEKERT: Thank you. 25 Any questions? 17 ITEM NO. 6 1 COMMISSIONER EPPS: Move that we approve 2 the stipulation of settlement and impose a 3 civil penalty of $20,000 against Showboat 4 Atlantic City Operating Company, LLC, for 5 violation of Commission regulations regarding 6 underaged gambling. 7 COMMISSIONER FANELLE: 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 MR. MONCRIEF: Thank you. 15 MR. STEBBINS: Thank you. 16 MR. NANCE: Item No. 6, preliminary 17 hearing concerning the exclusion of Nicholas 18 Caltabiano. 19 Miss Frigen? 20 MS. FRIGEN: Good morning, Madame Chair, 21 Commissioners. 22 You may recall this matter was adjourned 23 from the Commission's public meeting a few 24 weeks ago to give Mr. Caltabiano an opportunity 25 to consult with this attorney. We have 18 ITEM NO. 6 1 subsequently received communication from James 2 Leonard that Mr. Caltabiano has determined not 3 to contest the preliminary hearing. He has 4 reserved his right to a final hearing on the 5 exclusion petition itself. 6 CHAIR KASSEKERT: Thank you. 7 Mr. Ficchi? 8 MR. FICCHI: Yes. Good morning Madame 9 Chair and Commissioners. 10 The Division rests on its pleadings on 11 this matter. But we would just reiterate for 12 the record that Mr. Caltabiano was part of that 13 sports bookmaking ring that was operating out 14 of Borgata. He was -- he pled guilty to 15 promoting gambling and he was, in fact, 16 convicted of a crime with imprisonment which 17 would be -- more than six months. And also we 18 have alleged that there is -- his presence 19 would be inimical to the interests of the State 20 of New Jersey for him to be in the casinos. 21 So based upon that, we would ask that he 22 be preliminary placed on the execution list. 23 CHAIR KASSEKERT: Thank you. 24 Any questions. 25 COMMISSIONER FANELLE: No question. 19 ITEM NO. 7 1 VICE CHAIR HARRINGTON: I move had we 2 grant the Division's request for preliminary 3 placement of the name of Nicholas Caltabiano on 4 the exclusion list pending the final outcome of 5 the petition for final exclusion. 6 COMMISSIONER EPPS: Second. 7 COMMISSIONER FANELLE: 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 Thank you. 15 MR. FICCHI: Thank you, Commissioners. 16 MR. NANCE: Item No. 7, petition for 17 early reapplication for Kashawn McKinley, 18 Brenda Perry, and Clarence Washington. 19 Miss Frigen? 20 MS. FRIGEN: The first case we have is 21 Kashawn McKinley. Let me inquire whether he is 22 present this morning? 23 (No response.) 24 MS. FRIGEN: I don't see him in the 25 room. For your consideration is his petition 20 ITEM NO. 7 1 seeking permission to reapply early for a 2 casino employee license, a registration, and/or 3 a non-credential hotel employment. 4 The Division has objected to his request 5 to reapply early for a license but has 6 interposed no objection to his request for -- 7 to work in a hotel capacity. 8 CHAIR KASSEKERT: Thank you. 9 Mr. Biscieglia? 10 MR. BISCIEGLIA: Thank you. 11 I apologize. Let me just -- okay. 12 The one -- we have not objected to what 13 Miss Frigen just stated. The one request the 14 Division would make in this matter, and we'll 15 certainly accept whatever the Commission 16 decides on that, the four traffic warrants that 17 are involved in this matter. They are not NCIC 18 criminal warrants where the we -- the Division 19 has contacted the state police, and they told 20 us they would not come in to make an arrest 21 based on the traffic arrests. However, being 22 that they are warrants issued, the Division is 23 concerned about having them satisfied. 24 So as a condition of the Division's 25 compliance to the request, the Division 21 ITEM NO. 7 1 requests maybe that the person be brought into 2 the settlement process and formalize his 3 non-credential employment or registration 4 through a stipulation of settlement where they 5 would enter into wage executions to address the 6 criminal charges -- the traffic fines and 7 warrants until they are satisfied. 8 CHAIR KASSEKERT: Thank you. 9 Let me ask if there are any questions? 10 How do you feel about that? 11 COMMISSIONER EPPS: I agree. 12 CHAIR KASSEKERT: It sounds reasonable 13 to him. 14 VICE CHAIR HARRINGTON: Is there 15 precedent for that? 16 MR. BISCIEGLIA: There might not be. 17 (Laughter.) 18 VICE CHAIR HARRINGTON: Just curious. 19 MR. BISCIEGLIA: Where the Division is 20 coming from on this is the fact that while the 21 requirements for the non-credential and the 22 registration don't include the financial, this 23 financial requirement is the product of a 24 warrant. That is why the Division is making 25 the unusual request. If they were simply 22 ITEM NO. 7 1 fines -- if they were simply debts of the 2 different things, it would have been a 3 different matter. But because they are based 4 on warrants issued by New Jersey 5 municipalities, that's the reason for the 6 request. 7 COMMISSIONER EPPS: But procedurally, 8 let me ask a question. 9 MR. BISCIEGLIA: Uh-hum. 10 COMMISSIONER EPPS: If he's seeking 11 permission to reapply early, once his 12 application is submitted, wouldn't it go to -- 13 MR. BISCIEGLIA: Not credentialing, no. 14 I don't believe so. 15 COMMISSIONER EPPS: Okay. I see what 16 you're saying. 17 MR. BISCIEGLIA: The registration 18 certainly would. 19 COMMISSIONER EPPS: Right. 20 MR. BISCIEGLIA: If he goes to apply for 21 the registration, we would have a conference on 22 that. But not the -- 23 COMMISSIONER EPPS: But not the hotel. 24 MR. BISCIEGLIA: We would not. 25 COMMISSIONER EPPS: I see what you're 23 ITEM NO. 7 1 saying. Okay. 2 VICE CHAIR HARRINGTON: I just -- this 3 is such a Catch 22. I mean, in my previous 4 life, we dealt with this so often. People who 5 amass such debts and fines and get themselves 6 in this cycle where they just can't get out. 7 And you can't get a job because you can't 8 drive, and you can't get out -- you can't pay 9 your fees or fines because you don't have a 10 job. So I think I'm inclined to agree that if 11 you -- we bring him in and talk to him about 12 that. 13 MR. BISCIEGLIA: If they were simply the 14 fines -- or fines associated to the agency 15 under the Act, the registration, we would 16 require it. Once again, it's the fact that 17 there were warrants issued -- 18 VICE CHAIR HARRINGTON: Yes. 19 MR. BISCIEGLIA: -- for these fines -- 20 VICE CHAIR HARRINGTON: Yes. Uh-hum 21 MR. BISCIEGLIA: -- that caused the 22 Division to make this unusual request. And, 23 once again, we're willing to accept whatever 24 the Commission finds. 25 VICE CHAIR HARRINGTON: If you could 24 ITEM NO. 7 1 just remind people how important it is to keep 2 your address updated so that, theoretically, 3 that you get the notices so that you have 4 outstanding fines. 5 MR. BISCIEGLIA: I think that's a 6 problem many agencies deal with often, is that 7 the address not being updated. 8 MS. FRIGEN: Another alternative could 9 be to delay action on his petition for a month, 10 get him in here, schedule him for a conference 11 to come in before we entertain consideration of 12 this petition and make a decision on it. And 13 just let him know that his failure to comply 14 with coming in, if this is the area where we're 15 going, you know, could adversely affect the 16 Commission's action on the petition. 17 I would note for history of the case 18 that the Division reported on this matter back 19 in June, and I had, because of the pending 20 warrants, reached out to Mr. McKinley, and he 21 had requested several times that I pull the 22 case from the Commission's consideration to 23 give him that opportunity to rectify these 24 bench warrants. And after six months, he 25 hasn't been able to do so. 25 ITEM NO. 7 1 My guess is if we schedule a conference, 2 there is a high likelihood he might not come in 3 because he just hasn't been able to address it. 4 So I think the Commission is probably going to 5 be pretty much back where it was -- or as it is 6 today. 7 But, I mean, that could be another 8 option is to see if I can reach out to him, and 9 we can delay this action on the petition. 10 Whatever your preference. 11 VICE CHAIR HARRINGTON: Would you be 12 okay with that? 13 MR. BISCIEGLIA: Yeah. We've made our 14 request. We realize it's a little bit unusual. 15 And, once again, we'll accept the ruling of the 16 Commission on that matter. If that's the way 17 the Commission chooses to handle this, the 18 Division will accept that. 19 CHAIR KASSEKERT: Is there a motion to 20 do that? We need a motion to adjourn; right? 21 COMMISSIONER EPPS: I move that we 22 adjourn for one month. 23 VICE CHAIR HARRINGTON: Second. 24 CHAIR KASSEKERT: The motion has been 25 made and seconded. All in favor? 26 ITEM NO. 7 1 (Ayes.) 2 CHAIR KASSEKERT: Opposed? 3 (No response.) 4 CHAIR KASSEKERT: Motion carries. 5 MS. FRIGEN: Okay. The next case we 6 have is Brenda Perry. Let me inquire whether 7 Miss Perry is present or represented today? 8 (No response.) 9 MS. FRIGEN: Apparently, she is not 10 here. 11 For your consideration also is her 12 petition seeking to reapply early for a casino 13 employee license, a registration, and/or a 14 non-credential hotel employment. 15 The Division has objected to this 16 petition in its entirety. 17 CHAIR KASSEKERT: Mr. Biscieglia? 18 MR. BISCIEGLIA: Thank you. 19 The reasons for our objection are set 20 forth in our December 3rd, 2000, [sic] letter. 21 Primarily all of the objections that were 22 originally raised in the November 14th, 2007, 23 letter report regarding her licensure. But in 24 addition, since that time, the Petitioner has 25 quite simply refused to cooperate with any 27 ITEM NO. 7 1 Division investigation. She's refused to sign 2 authorization forms to take a look at her tax 3 records. So, therefore, we must object in the 4 entirety. 5 Thank you. 6 CHAIR KASSEKERT: Thank you. 7 Any questions? 8 COMMISSIONER FANELLE: Madame Chair, I 9 move that we deny Miss Perry's petition to 10 reapply early for a casino employee license, 11 casino service employee registration, or to 12 obtain employment early as a non-credential 13 hotel employee. 14 VICE CHAIR HARRINGTON: Second. 15 COMMISSIONER EPPS: Second. 16 CHAIR KASSEKERT: The motion has been 17 made and seconded. All in favor? 18 (Ayes.) 19 CHAIR KASSEKERT: Opposed? 20 (No response.) 21 CHAIR KASSEKERT: Motion carries. 22 MS. FRIGEN: Finally, the last case we 23 have is Clarence Washington. Mr. Washington is 24 here. 25 Mr. Washington, I would ask you to have 28 ITEM NO. 7 1 a seat at the table here, please. 2 I would note that this morning Mr. 3 Washington submitted to me two character 4 reference letters, copies of which I provided 5 to the Commissioners this morning as well as to 6 the Division attorney. 7 For your consideration is his petition 8 seeking to reapply early for a registration 9 and/or a non-credential hotel employment. 10 The Division has interposed an objection 11 to this petition in its entirety as well. 12 CHAIR KASSEKERT: Thank you. 13 Mr. Washington? Is there anything you'd 14 like to say today? 15 MR. WASHINGTON: Yes, ma'am. 16 CHAIR KASSEKERT: Can you stand up and 17 be sworn in, please. 18 19 CLARENCE E. WASHINGTON, having been 20 first duly sworn to tell the truth, testified 21 as follows: 22 23 MR. NANCE: Please state your name for 24 the record. 25 MR. WASHINGTON: Clarence E. Washington, 29 ITEM NO. 7 1 Jr. 2 MR. NANCE: Thank you. You may be 3 seated. 4 CHAIR KASSEKERT: What would you like to 5 say today? 6 MR. WASHINGTON: In regards that I know 7 I've made some mistakes in the past and that 8 since doing so has enlightened me that I knew I 9 had to change my life. And by me reapplying 10 for my hotel registration was one of those 11 things. And that's more than half of the jobs 12 in this city. And it's hard to get a job in 13 the city, especially in these economic times. 14 And I know that me being a father and a 15 grandfather, I still have an obligation to 16 where I have to take care of my family. And my 17 family's growing, and I need this registration 18 to help me out. 19 I mean, it's hard. It's hard living in 20 these times right now. And with -- in the 21 grasp of the city and trying to get a job and 22 me coming out of the situation that I was in, 23 it's very hard, you know, to explain to people 24 that, I mean, you make a mistake, and you want 25 to try to change your life. It's really, 30 ITEM NO. 7 1 really hard to say and explain to people 2 that -- that you want to change, and you want 3 to grow up and do things that you have to do to 4 keep a living. And it's really hard to do that 5 right now. 6 And I know I'm -- I made -- like I said 7 before, I made some mistakes, and I'm sorry 8 that I made those mistakes. But my mistakes 9 was far and few between. It wasn't like I made 10 them constantly. I made a bonehead mistake at 11 the time that I did it. I wish I would never 12 did it. I regret it to the utmost. But I 13 really need this registration to help me get 14 where I need to go. 15 CHAIR KASSEKERT: Let me ask if any of 16 the Commissioners have any questions before we 17 hear from Mr. Biscieglia? 18 Commissioner Epps? 19 COMMISSIONER EPPS: No. 20 CHAIR KASSEKERT: Do you have any 21 questions? 22 VICE CHAIR HARRINGTON: No. 23 CHAIR KASSEKERT: Brian? 24 MR. BISCIEGLIA: Thank you. 25 Yes. The Division has objected to this 31 ITEM NO. 7 1 petition. I would say the main impetus behind 2 the objection is the Petitioner's October 20th, 3 2008, conviction for possession of CDS with 4 intent to distribute on school property, which 5 is the disqualifier. 6 The Division also raised that we had 7 not -- there had not been any character letters 8 submitted with the application. The Division 9 has received the two letter that Mr. Washington 10 has submitted. I was able to give them a brief 11 look. I -- I don't know if they meet the 12 weight required when you have a disqualifying 13 conviction that's only about two years old. 14 Also, there was an incident -- there's a 15 traffic warrant set forth by the Trenton 16 Police. The Division investigated that. Once 17 again, much like the last matter, it's a 18 warrant for failure to pay tickets. That would 19 not be -- taken together as a whole, it's a 20 concern. If that was the only matter, I doubt 21 they we would be objecting only on that. It's 22 the disqualifying conviction from 2008 for the 23 possession of CDS on school property that leads 24 the Division to conclude we cannot find that he 25 meets the qualification criteria for the 32 ITEM NO. 7 1 various employments. 2 I'll answer any questions you may have. 3 CHAIR KASSEKERT: Sure. 4 Any questions for Mr. Biscieglia? 5 COMMISSIONER EPPS: Well -- 6 CHAIR KASSEKERT: Commissioner Epps? 7 COMMISSIONER EPPS: The first question 8 is when did the incarceration for the 2008 9 conviction conclude? 10 MR. WASHINGTON: September this year. 11 COMMISSIONER EPPS: September of '10? 12 MR. WASHINGTON: Yes. 13 COMMISSIONER EPPS: Okay. 14 MR. BISCIEGLIA: I'm willing to accept 15 that information. He was sentenced to three 16 years on October 20, 2008. Unfortunately, I 17 did do not have the date of release, but that 18 sounds like it would be -- 19 MR. WASHINGTON: September 25th, of 20 2010. 21 COMMISSIONER EPPS: September 25th of 22 '10. 23 Well, I don't necessarily have a 24 question as much as, I guess, a point of 25 clarification. 33 ITEM NO. 7 1 Do you understand what he's saying about 2 your character letters? 3 MR. WASHINGTON: Yes. 4 COMMISSIONER EPPS: What have -- have 5 you worked since you came home? 6 MR. WASHINGTON: I've -- I applied for 7 this temp service. I've worked, like, one day. 8 And that was about four hours because they 9 didn't need me after that. 10 COMMISSIONER EPPS: Okay. What he's 11 saying is your character letters need to be 12 from, for example, civic leaders, people in the 13 community who know you and can speak to you, 14 and, A, speak to what happened, and where 15 you've been. But, B, speak to where they 16 believe that you're going. You know? 17 I read the letters, too, and I guess 18 what he's saying is to take a shot like this so 19 close to having just come home -- 20 MR. WASHINGTON: Right. 21 COMMISSIONER EPPS: -- you really 22 need -- if you brought us a book of letters -- 23 MR. WASHINGTON: Yeah. 24 COMMISSIONER EPPS: -- your pastor and 25 everybody in your neighborhood and people that 34 ITEM NO. 7 1 you've worked for that have -- who have had 2 some experience working with you, somebody who 3 says, you know, I know this guy. And I want to 4 give him a shot because I believe in him. You 5 need -- that's what he's saying the weight of 6 the letters needs to be to get this body to 7 say, you know what? This is somebody we need 8 to take a shot on. And I think that we do want 9 to take a shot, but we just need that 10 additional information and support that makes 11 us confident that this is a shot worth taking. 12 I understand your plight, and I -- I 13 know where you are. And I'm -- I'm stuck. But 14 generally what we look for to move this matter 15 forward is not there. We -- there needs to be 16 more. If you know Mayor Langford, Mayor 17 Langford's letter would give you weight. Your 18 councilman in your ward would give you a 19 weight. You know what I'm saying? Your 20 pastor. People who are willing to put their 21 name on the line for you and say, you know 22 what? Take a shot on this guy because I'm 23 telling you I believe in him. Those are the 24 type letters and that's the type of weight that 25 gets you over that last hurdle. And I 35 ITEM NO. 7 1 understand it's a huge hurdle. And it's tough 2 to go forward positively clearing that hurdle. 3 Do you understand? Do you know what I'm 4 saying? 5 MR. WASHINGTON: Uh-huh. 6 COMMISSIONER EPPS: Did you want to 7 respond or -- 8 MR. WASHINGTON: Well, in retrospect to 9 what he was saying, like the traffic warrants. 10 I had took care of that matter because the 11 traffic warrant came out while I was in 12 incarcerated. So I took care of that matter. 13 And in -- and I understand what he's 14 saying and what you're saying, because, like, 15 when I went around trying to get these letters, 16 I mean, a lot of people believed it wouldn't 17 help because they already know you all, you 18 know, might have been preconceived and made a 19 decision already anyway. So I said -- and I 20 was asking them -- excuse me -- that you never 21 know. I said, because I really need the 22 letters. And if you're truly my friend, that 23 if you did believe in me that you would write 24 the letter instead of saying it's going to be a 25 waste of time. You know, because they said 36 ITEM NO. 7 1 they've wrote for people before, and it didn't 2 help. I said, well, try and write them for me 3 because I said, I need all the help I can get. 4 You know, especially with me just coming home. 5 And I figured that -- I thought it would help. 6 You know, I don't know if they believed it 7 would help me, which they didn't. Because they 8 probably didn't -- which is why they probably 9 didn't write it. 10 As far as Mayor Langford is concerned, I 11 do know him. I asked him. And Marty Small, 12 Councilman. He's going through his issues what 13 he's going through. And I mean, I'm secondary. 14 I'm down low on the totem pole. You know, I'm 15 just an average citizen, you know, who's trying 16 to get back into society and do the right 17 thing. You know, I never had a problem doing 18 the right thing except for the slip-ups that I 19 made. That in itself -- and with my family -- 20 I mean, I got a lot of support from them. You 21 know, but I mean, this is all on me. I told 22 them, I said, this is my -- this is my problem. 23 This is not yours. And I have to get out of 24 this. You know, I have to do the things that I 25 need to do to go on the path that I know I 37 ITEM NO. 7 1 still need to go on. Because I still got 2 goals. I still got dreams that I want to 3 maintain. 4 COMMISSIONER EPPS: The only other point 5 I can make is, I guess it comes in the form of 6 advice or whatever, is if you're able to get an 7 opportunity even at a noncasino hotel or some 8 other employment opportunity and generate some 9 good relationships and a good rapport as an 10 employee and a person moving forward, even at 11 those places, those employers and people that 12 you work with, and those establishments also 13 serve to give you that weight to come back here 14 then and say, you know, I've been home for six, 15 eight months. I've established myself. 16 Clearly I'm going the right way. You know what 17 I mean? 18 MR. WASHINGTON: Right. 19 COMMISSIONER EPPS: So even if you take 20 another shot, assuming it doesn't go well 21 today, that's -- that's the way to go to get 22 that basis underneath you that you have a firm 23 footing to stand on and stand up and say, hey, 24 take a shot on me. 25 CHAIR KASSEKERT: Does Mr. Biscieglia -- 38 ITEM NO. 7 1 MR. BISCIEGLIA: The Division has 2 nothing further. 3 Thank you. 4 VICE CHAIR HARRINGTON: I will move that 5 we postpone consideration for a month and see 6 if you can bring us some materials that are 7 persuasive. 8 MR. WASHINGTON: Okay. 9 VICE CHAIR HARRINGTON: Failing that, I 10 support the Division's recommendation. 11 MR. WASHINGTON: Okay. 12 CHAIR KASSEKERT: I'll second that 13 motion. 14 The motion has been made and seconded. 15 All in favor? 16 (Ayes.) 17 CHAIR KASSEKERT: Opposed? 18 (No response.) 19 CHAIR KASSEKERT: Motion carries. 20 I think, you know, we've given you a 21 month to attempt to get additional letters. 22 And we'll relist that -- we will relist it at 23 that point. 24 MR. WASHINGTON: Okay. 25 CHAIR KASSEKERT: Okay? 39 ITEM NO. 8 1 MR. WASHINGTON: All right. Thank you. 2 MR. NANCE: Item No. 8, application for 3 suspension in State versus Josephine D. 4 Rollins. 5 Ms. DeLia? 6 MS. DeLIA: Good morning. 7 Miss Rollins is here. She did request a 8 deferral of the final hearing, but she is here 9 today, and I believe she wants to address the 10 Commission. 11 CHAIR KASSEKERT: Okay. Thank you. 12 I think this is Mr. Biscieglia's motion 13 to argue first. 14 MR. BISCIEGLIA: Thank you. 15 The Division -- or excuse me, the 16 Commission has the Division's complaint which 17 states on October 16th of 2010, the Respondent 18 was arrested and charged with theft by unlawful 19 taking, fourth degree. She removed $200 from 20 her cash drawer while working as a cage cashier 21 with an intent to retain the money while 22 working at the Trump Hotel and Casino. 23 Subsequent to the filing of the 24 Division's complaint, the investigation 25 revealed that the Respondent has been indicted 40 ITEM NO. 8 1 for one count of theft by unlawful taking, 2 fourth degree, and there is a conference 3 scheduled for December 20th of 2010. 4 Thank you. 5 CHAIR KASSEKERT: All right. 6 Any questions from the Division? 7 Miss Rollins, if you want to say 8 something today, would you stand and be sworn 9 in, please. 10 11 JOSEPHINE D. ROLLINS, having been first 12 duly sworn to tell the truth, testified as 13 follows: 14 15 MR. NANCE: Please state your name for 16 the record. 17 MS. ROLLINS: Josephine D. Rollins. 18 MR. NANCE: Thank you. 19 CHAIR KASSEKERT: What would you like to 20 say today? 21 MS. ROLLINS: Yes. In the complaint the 22 Deputy said that I said that I normally walk 23 like that. I never that I normally walk like 24 that. When he asked me a question about my 25 former charges, he said, you like to beat up on 41 ITEM NO. 8 1 people. And I said no. I said -- because he 2 said he looked on the computer and see my 3 former charges where I had domestic violence 4 charges before. And he said -- had said that. 5 And so I told him, did it tell you I was in a 6 car accident, too? And he put on there I said 7 I normally walk that way. I never said that I 8 normally walk that way. 9 CHAIR KASSEKERT: Well, I mean, I think 10 the issue here is it's a charge of theft. 11 MS. ROLLINS: Yes. It is a charge of 12 theft, but I didn't take nothing. And I told 13 him that I didn't take nothing. I haven't went 14 to court yet. My court date is December 30th. 15 And that's just to see how I plea. I supposed 16 to go to Superior Court. Because it says is 17 there any sentence approving of guilty? I feel 18 like I'm guilty already. 19 CHAIR KASSEKERT: Commissioner Epps? 20 COMMISSIONER EPPS: What are we talking 21 about "walk that way"? I'm stuck. 22 MS. ROLLINS: The Deputy in his 23 testimony, he said that I said to him that I 24 was a car accident, and I normally walk that 25 way. That's what he said in his testimony. 42 ITEM NO. 8 1 MR. BISCIEGLIA: If I can, I have no 2 idea who the "he" the Respondent is referring 3 to is. But I think what she's speaking 4 about -- 5 MS. ROLLINS: The guy that arrested me, 6 the Deputy that arrested me. 7 MR. BISCIEGLIA: Okay. Must have been 8 the arresting officer. 9 COMMISSIONER EPPS: Okay. I didn't know 10 what you were referring to. 11 MS. ROLLINS: Oh, I'm sorry. 12 MR. BISCIEGLIA: In the police report 13 part of the allegation was that there was a 14 view of the Respondent cupping the money and 15 then keeping the hand cupped close to her hip 16 as she walked away from the cage. 17 MS. ROLLINS: I never -- I never walked 18 with -- 19 CHAIR KASSEKERT: Can you let -- 20 MS. ROLLINS: I'm sorry. 21 COMMISSIONER EPPS: One at a time. 22 MR. BISCIEGLIA: In the police report it 23 says -- states that we questioned as to why she 24 was walking like that. The police report 25 states that Miss Rollins advised she was in an 43 ITEM NO. 8 1 accident as a kid and always walks that way. I 2 think that's what we're talking about. 3 COMMISSIONER EPPS: I see. 4 MS. ROLLINS: That's what I'm talking 5 about. 6 CHAIR KASSEKERT: That is contained in 7 the report. 8 MS. ROLLINS: That's what he said, but I 9 never said that. 10 CHAIR KASSEKERT: You never said that? 11 MS. ROLLINS: I never went to court. 12 That's what I'm saying. He said I left the 13 cage. He said the incident happened at 5:25. 14 I did not leave the cage until after 6:00, and 15 there's a piece of paper that states that. 16 Because I went in the cage at 2:30. I started 17 work at 12:00. They had me in Booth 19. They 18 took member out of Booth 19 and closed down 19 Booth 19 to go to the cage to open the cage. I 20 opened the cage at 2:30 in the morning. And I 21 got off at 6:00. I do not leave at no 5:25. 22 He said the incident happened at 5:25. They 23 had enough time to come downstairs and retrieve 24 me out of the cage if they felt as though 25 something was going on at that time. They have 44 ITEM NO. 8 1 surveillance. He said, you know they's cameras 2 everywhere? I was like, yeah. He kept on 3 trying to make me say that I did it. But he 4 was telling me I was going to get arrested. 5 And I told me, I had save two sick parents at 6 home. And if I'm going to get arrested, if you 7 want me to take these charges, I will. And he 8 said, what am I going to tell this judge? And 9 I said, you can just tell him that I said I was 10 innocent. 11 MR. BISCIEGLIA: May I retort? 12 CHAIR KASSEKERT: Sure. 13 MR. BISCIEGLIA: I would just like to 14 say that I think the evidence set forth in the 15 Division's complaint more than supports the 16 Division's allegations -- or the Division's 17 request for the suspension application. And 18 while many of these applications are granted 19 while the case is still awaiting its progress 20 through criminal court, we do -- we have 21 already moved past that in regards to the 22 criminal case in this matter. There has been 23 an indictment. So I think that the suspension 24 application would be -- should, respectfully, 25 be granted. 45 ITEM NO. 8 1 Thank you. 2 CHAIR KASSEKERT: Thank you. 3 Any other questions? 4 COMMISSIONER EPPS: Ms. Rollins, we 5 are -- we are -- I understand what you're 6 saying. But we're in a tough spot here because 7 generally when these type of matters come 8 before us, and we have the allegations that 9 were presented -- 10 MS. ROLLINS: I've been working for here 11 nine years. 12 COMMISSIONER EPPS: Me let me finish. 13 CHAIR KASSEKERT: Please. Please. 14 MS. ROLLINS: This is the first 15 allegation. 16 COMMISSIONER EPPS: Let me finish. 17 I understand all that. But when we have 18 before us the allegations that came before us 19 and an indictment, it's difficult for us to 20 then turn away from those -- that basis. 21 MS. ROLLINS: I don't have -- 22 COMMISSIONER EPPS: And the indictment 23 and not suspend. What happens is, if you're 24 able to work it out in court or get proof 25 established that it didn't happen in court, 46 ITEM NO. 8 1 you're only suspended. You come back and then 2 it's -- you know, your license is in good 3 shape. The issue is you've got -- you've got a 4 legal matter to deal with first. You -- if 5 that goes away, getting your license taken care 6 of is an easier step than that. What you 7 really need to deal with is this legal matter 8 first. But I understand what you're saying. 9 But it's difficult to not -- it would be 10 difficult to not suspend based on the 11 indictment. 12 MS. ROLLINS: But I need to get a job. 13 And they tell me they won't even give me my 14 unemployment. They telling me get a job making 15 eight to ten times more than I was making. 16 CHAIR KASSEKERT: I think Commissioner 17 Epps is correct, though. You got to get this 18 legal matter taken care of first. You know -- 19 MS. ROLLINS: Because I haven't been 20 indicted yet. 21 CHAIR KASSEKERT: I'm sorry? 22 MS. ROLLINS: I haven't been indicted 23 yet. I haven't even went to court yet. 24 MR. BISCIEGLIA: No. That's not the 25 information -- 47 ITEM NO. 8 1 CHAIR KASSEKERT: No. You've been 2 indicted. 3 MR. BISCIEGLIA: The information I 4 received is -- and this is done by Division 5 investigators who check all the suspension 6 applications, re: Indictment, arraignment 7 conference scheduled for indictment 10-11-2668, 8 Count 1, theft, fourth degree. 9 MS. ROLLINS: I go to court on December 10 30th. I haven't even pleaded guilty or 11 innocent yet, so I can't be indicted. 12 CHAIR KASSEKERT: But -- but you have 13 been indicted. 14 MS. ROLLINS: Okay. 15 CHAIR KASSEKERT: Which means that the 16 bill has been brought in terms of an 17 indictment. 18 MS. ROLLINS: Oh, okay. 19 CHAIR KASSEKERT: Are there any other 20 questions? 21 (No response.) 22 VICE CHAIR HARRINGTON: I will move that 23 we grant the Division's application to suspend 24 Ms. Rollin's casino employee license. 25 COMMISSIONER FANELLE: Second. 48 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: Motion carries. 7 You know, please -- please work through 8 the court system and get this legal matter 9 cleared up and then, you know, there is a 10 process in place for you to come back. But, 11 really, Commissioner Epps is completely 12 correct. Our hands are tied under the 13 circumstances. 14 MS. ROLLINS: Okay. 15 (Conferring.) 16 CHAIR KASSEKERT: Okay. 17 MR. NANCE: Okay. Item No. 9, 18 consideration of forfeiture order in Atlantic 19 City Showboat, Inc., et al. 20 Miss DeLia? 21 MS. DeLIA: Yes. This -- this matter 22 for consideration is a forfeiture that 23 occurred -- seeking -- it's a forfeiture order 24 seeking money confiscated from some 25 self-excluded patrons from Showboat. 49 ITEM NO. 9 1 Counsel for the licensee has no 2 objection to the entry of the forfeiture order. 3 Lane Stebbins is here for the Division. 4 CHAIR KASSEKERT: Mr. Stebbins? 5 MR. STEBBINS: Thank you, Madame Chair 6 and members of the Commission. 7 This is normally a very routine matter, 8 but I'd like to make a comment in favor of 9 Showboat here. The first count was at a craps 10 table and the game personnel were on the ball, 11 identified the person as self-excluded, and 12 took him off. The other two counts involved 13 slot machines where you do you not have direct 14 eyeball contact and, nevertheless, somebody in 15 surveillance was watching the slot machines, 16 caught the fellow on the second count by good 17 surveillance work. And in the third case there 18 was somebody processing a jackpot who had the 19 wherewithal, the -- knew the system to check to 20 make sure the person was not in a prohibited 21 category like self-excluded. So in all three 22 instances, Showboat did a nice job here, and I 23 just wanted to make shows comments for the 24 record. 25 Otherwise, you should enter the order 50 ITEM NO. 10 1 and forfeit the money. 2 Thank you. 3 CHAIR KASSEKERT: Thank you. 4 Any other questions? 5 VICE CHAIR HARRINGTON: I'll move that 6 based upon the patrons at issue having gambled 7 while on the self-exclusion list find that 8 these individuals have forfeited the money 9 and/or things of value received pursuant to 10 NJSA 5:12-71.3(a) and Atlantic City Showboat, 11 Inc., is directed to remit the forfeited funds 12 to the Commission for the appropriate 13 disposition in accordance with NJSA 5:12-71.3. 14 COMMISSIONER FANELLE: Second. 15 CHAIR KASSEKERT: The motion has been 16 made and seconded. All in favor? 17 (Ayes.) 18 CHAIR KASSEKERT: Opposed? 19 (No response.) 20 CHAIR KASSEKERT: Motion carries. 21 MR. STEBBINS: Thank you. 22 MR. NANCE: Item No. 10, consideration 23 of the plenary qualification of Jeffrey Gilbert 24 as a member of the board of directors of Trump 25 Entertainment Resorts. 51 ITEM NO. 10 1 Miss Frank? 2 MS. FRANK: Good morning, Chair and 3 Commissioners. 4 Jeffrey Gilbert received temporary 5 qualification from the Commission in July of 6 this year. 7 A draft resolution on his plenary 8 qualification has been distributed to the 9 parties. 10 We have Marie Jones here for Trump 11 Entertainment Resorts and Jim Fogarty here for 12 the Division. 13 CHAIR KASSEKERT: Thank you. 14 Good morning, again, Miss Jones. 15 MS. JONES: Good morning, again. 16 We ask that you adopt the draft 17 resolution. 18 Thank you. 19 CHAIR KASSEKERT: Thank you. 20 Mr. Fogarty? 21 MR. FOGARTY: Yes. Hello again. 22 Mr. Gilbert is serving on the Trump 23 Entertainment board of directors. Please 24 recall that he's one of three quote-unquote 25 independent directors, meaning he's not 52 ITEM NO. 10 1 employed by Avenue, which is the principal 2 owner of Trump. So that's why we offer him to 3 you now for your consideration. 4 We've done a letter dated November 18, 5 2010, advising you of the completion of our 6 investigation and recommending that you go 7 ahead and qualify him in this position. 8 I've seen Miss Frank's draft resolution. 9 We have no objection to its entity. 10 CHAIR KASSEKERT: Thank you. 11 Any questions? 12 COMMISSIONER FANELLE: Madame Chair, I 13 move that we adopt the draft resolution and 14 find Jeffrey Gilbert qualified to serve as a 15 member of the board of directors for Trump 16 Entertainment Resorts, Inc., in accordance with 17 NJSA 5:12-2.7. 18 COMMISSIONER EPPS: Second. 19 CHAIR KASSEKERT: Motion is made and 20 seconded. This is a roll call vote. 21 MR. NANCE: Commissioner Epps? 22 COMMISSIONER EPPS: Yes. 23 MR. NANCE: Commissioner Fanelle? 24 COMMISSIONER FANELLE: Yes. 25 MR. NANCE: Vice Chair Harrington? 53 ITEM NO. 11 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 MS. JONES: Thank you. 7 CHAIR KASSEKERT: Thank you. 8 MS. FRANK: Thank you. 9 MR. NANCE: Item No. 11, petition of 10 Sportech PLC, and Sportech Racing, LLC, seeking 11 nunc pro tunc relief. 12 Miss Nagengast? 13 MS. NAGENGAST: Good morning, Chair, and 14 Commissioners. 15 For your consideration is the petition 16 of Sportech PLC seeking an enlargement of time 17 nunc pro tunc for certain deadlines that were 18 set forth in the Commission's Resolution No. 19 10-09-22-11. 20 As you are aware, through the petition 21 Petitioners are seeking an extension of the 22 time deadlines. Initially they asked for dates 23 between November 4th and December 31, but 24 subsequent conversations with counsel indicated 25 that they would like all extended to December 54 ITEM NO. 11 1 31st. 2 It's my understanding that counsel may 3 ask for an additional extension at this time 4 beyond that date. 5 And staff previously sent to counsel for 6 Petitioners a comprehensive list of the items 7 believed to be outstanding. And I believe that 8 counsel will address that now. 9 Gil Brooks is here on behalf of the 10 Petitioners and George Rover on behalf of the 11 Division. 12 CHAIR KASSEKERT: Mr. Brooks? 13 MR. BROOKS: Good morning, Madame Chair, 14 members of the Commission. Gil Brooks of Duane 15 Morris appearing on behalf of Sportech. 16 We had filed a petition seeking 17 additional time in connection with some of the 18 filings there were due as a consequence of the 19 Commission's ruling in late September allowing 20 the transaction to occur where Sportech 21 acquired -- Sportech PLC acquired Sportech -- 22 then Scientific Games Racing from Scientific 23 Games Corporation. 24 Specifically since that time, we have 25 made some of the filings that were set forth in 55 ITEM NO. 11 1 the petition. In particular, categories A and 2 B and the relief that was sought in connection 3 with the petition. But we still have some 4 additional time that's needed to complete the 5 filings. 6 Most of these filings involve people who 7 are foreigners, people from other countries who 8 have -- we have to file forms and fingerprint 9 cards for most of these people were designated 10 for this purpose at or around the time of the 11 September hearing. We need a little bit of 12 additional time for a couple of reasons. It's 13 it took a little longer to close that 14 transaction than we anticipated at the time of 15 the September hearing. 16 Additionally, there had to be a 17 reorganization related to the closing. And, 18 again, because of the additional time needed in 19 connection with the closing, there was an 20 additional time needed in connection with the 21 reorganization. 22 And then, lastly, a lot of time was 23 spent, particularly in the November time frame, 24 with the Connecticut regulators who made a site 25 visit, actually, to the UK and to the Jersey 56 ITEM NO. 11 1 Islands. 2 So now we're in a position where we -- 3 we -- I think the best course of action in 4 terms of proceeding forward is just to fix a 5 date, a final date to finalize these forms. We 6 have an existing transactional waiver that 7 allows Sportech Racing to continue to do 8 business with New Jersey casino licensees 9 through January 20th, 2011. So what I would 10 propose is that we fix a date, and the date I 11 would ask for is January 10th, 2011, to 12 finalize all the submissions so that we don't 13 have staggered dates for submissions. We have 14 a final date for the outstanding submissions. 15 In particular, those submissions would 16 be a revised BED for Newby Manor Limited, who 17 is a holding company qualifier for Sportech 18 PLC. There's also a page needed for a form for 19 Paul Wright who is an individual qualifier in 20 connection with another holding company 21 qualifier, Sportech PLC, Playtech Limited. 22 That just keeps slipping through. It's not 23 that big a deal in terms of getting that 24 satisfied. 25 We also need PhD 2A forms and 57 ITEM NO. 11 1 fingerprint cards for the directors of an 2 entity known as Brickington Limited, which is 3 another holding company qualifier. They are a 4 shareholder of Playtech Limited. And we need 5 fingerprint cards for several individuals who 6 are associated with Newby Manor, David Picot, 7 Stephen Phillips, and then several individuals 8 who are associated with Brickington and 9 Playtech, David Mathewson, Teddy Sagi, and 10 Kikis Trepppeides. 11 We also needs to complete certain 12 aspects of the net worth statement of all the 13 jurisdictional personal history disclosure 14 forms that were filed for Shmuel Weiss and 15 Moshe Barak, who are individual qualifiers in 16 connection with Playtech. 17 And I think the last item needed from 18 the original list is the release 19 authorizations, revised release authorizations 20 for the three entities. The Division addressed 21 that in its report. We have three entities, 22 Brickington, Newby, and Sportech. Well, 23 Salvation Trust. Excuse me. Who had filed 24 BEDs and had taken out some information from 25 the release authorizations that it wasn't 58 ITEM NO. 11 1 particularly relevant. 2 We addressed this a little bit. We had 3 a meeting about this with the Division. And, 4 basically, we revolved that. We have to 5 provide the release authorizations -- release 6 authorizations in a unaltered fashion. 7 So those are the outstanding items from 8 the list. And, again, what I would propose is 9 that if we can get the relief, if the 10 Commission would grant the relief that we have 11 until January 10th, 2011, to finalize those 12 forms. This gives me a little bit of time to 13 chase them down. Again, we're chasing down 14 people who are in Cyprus, UK, Israel. It's not 15 as easy -- it's not any -- there's nobody 16 domestic that I'm chasing down in connection 17 with this UK. 18 And then so we get additional time in, 19 you know, with the holiday, in particular, the 20 January 10th date rather than the end of the 21 year would be -- I would really appreciate if 22 we had that additional time because I think we 23 can finalize everything in that time period. 24 CHAIR KASSEKERT: Let me ask if there 25 are any questions before we here from Mr. 59 ITEM NO. 11 1 Rover? 2 COMMISSIONER EPPS: I'll wait. 3 CHAIR KASSEKERT: Okay. I guess my only 4 concern would be if we get to January 10th, 5 2011, and we were not complete at that point. 6 And what you're saying is your agreements 7 expire anyway? 8 MR. BROOKS: Well, if we don't get it 9 done by that time period on January 19th, I 10 will suspect we'll be here in front of the 11 Commission again seeking -- well, we'd be in a 12 position on January 20th, the transactional 13 waivers expire. 14 CHAIR KASSEKERT: Right. 15 MR. BROOKS: So the thought process we 16 had is, let's fix a hard date, January 10th, 17 which is a doable date. And we're gong to 18 get -- we got to get it done. Because if we 19 don't get it done, then we're in a position 20 where we won't get additional transactional 21 waivers -- 22 CHAIR KASSEKERT: Right. 23 MR. BROOKS: And we won't be able to 24 continue to interact with the New Jersey casino 25 licensees. 60 ITEM NO. 11 1 So that's the -- that's the -- what 2 we're looking at. So it kind of -- the date 3 actually -- that pressure makes the date a date 4 where everybody will pay attention. 5 CHAIR KASSEKERT: Mr. Rover? 6 MR. ROVER: Madame Chair, Commission 7 members, I have reviewed Sportech's petition 8 for nunc pro tunc relief. I've heard what Mr. 9 Brooks said. We obviously had a conversation 10 in the hallway about this. 11 Since the transactional waiver does not 12 expire until January 20th, the Division will 13 assent to extending the date from December 31st 14 until January 10th. As we set forth in our 15 writing, we would want no further extensions 16 beyond that. And Mr. Brooks knows that if that 17 occurs, simulcasting will go dark, and it will 18 not be -- I wouldn't -- I don't want to say the 19 fault -- it would not be because of the 20 Division's actions in case. He totally 21 understands that. If he has to get on a plane 22 to Cyprus, I think he will probably do that to 23 get this done. I know he wants to get it done. 24 So we would consent to the relief 25 requested in nunc pro tunc as amended to 61 ITEM NO. 11 1 January 10, 2011. 2 CHAIR KASSEKERT: Commissioner Epps? 3 COMMISSIONER EPPS: Teresa? 4 MS. NAGENGAST: I just wanted to point 5 out that Gil indicated a number of items that 6 he says are outstanding. That list is not all 7 inclusive of the list that I sent to Mr. 8 Brooks. It's my understanding that there are 9 some items believed to be filed. It's my 10 position that including them in the order at 11 this time, unless we can get confirmation from 12 staff that is responsible for receiving it, 13 that those items have been received, that it 14 would be better to be all inclusive. 15 MR. BROOKS: Madame Chair, the only 16 thing I would say, those items were not items 17 that were initially addressed in terms of the 18 order that was entered by the Commission order 19 or the resolution entered by the Commission in 20 connection with it. There are a couple of 21 items -- I think two of the items I've talked 22 with Mr. Russo. We've given him all the 23 documents of those, so I think they don't 24 belong on there. And some of those are 25 follow-up items. They are additional requests 62 ITEM NO. 11 1 that weren't requests that we dealt with it in 2 the September time frame. I don't have any 3 problem -- I'll make I every effort to get them 4 done by January 10th, but they were not -- 5 they're not the items that were previously -- I 6 was ordered to produce, you know, within that 7 certain time period. So that's why I didn't 8 address them. 9 CHAIR KASSEKERT: Okay. 10 MR. BROOKS: But I don't have any 11 problem with trying to get them complete. I 12 mean, they're just additional add-on items that 13 were requested of us. I mean, I would suspect 14 that that process won't stop. You'll have new 15 officers. You'll have new directors. You 16 know, not every -- there might be additional 17 information somebody wants on a form. I just 18 don't want to be too much -- we're dealing with 19 very hard deadlines. And, you know, a 20 situation where we have, you know, some -- 21 serious prejudice in terms of if we don't meet 22 those deadlines. So we're a little worried 23 about things being added in that were not part 24 of the initial ruling by the Commission. 25 MS. NAGENGAST: I'd be quite willing to 63 ITEM NO. 11 1 go through and make sure that the items that 2 were listed are only -- or that are on the 3 order are what was included in the original 4 resolution for you. 5 CHAIR KASSEKERT: Thank you. I 6 appreciate that. 7 COMMISSIONER EPPS: I just have a little 8 apprehension. I mean, I understand what you're 9 saying. But I guess my concern is, I know that 10 they are the only game in town, which it makes 11 it tough. But it's also tough to say you want 12 to play in my backyard, but you want to do it 13 at your pace, it seems to be saying. And it's 14 like -- it's like almost a game of chicken. 15 Like, I want to come play in your yard, but I 16 want to play the way I want to play, and I want 17 to do it at my time, and I dare to you go ahead 18 and pull the string because you know that I'm 19 the only game. I hate being caught in that. 20 Do you understand what I'm saying? 21 MR. BROOKS: I understand the 22 dynamics -- 23 COMMISSIONER EPPS: That's the way it's 24 coming across like that. 25 THE WITNESS: All right. Okay. I 64 ITEM NO. 11 1 understand the dynamics you're describing. I 2 would say that's not the case in this 3 particular instant -- instance, because of the 4 fact that what we're dealing with are people 5 that are not directly within the control of the 6 Sportech PLC. Sportech PLC, which had never 7 been regulated in any kind of environment like 8 the reg -- like New Jersey, for example. So 9 that they never had to worry about their 10 holding companies, holding company qualifiers, 11 those type of situations. They are now dealing 12 with them for the first time. You may recall 13 from the September hearing, they don't have or 14 did not have within their bylaws, their 15 corporate charter, the provisions necessary to 16 just mandate that somebody do this. 17 In most instances what we're dealing 18 with, Commissioner Epps, are people who are not 19 only at the hold -- the level above Sportech 20 PLC. They're at a level above that. 21 Brickington, for example, Sullivision Trust, 22 there are people who are two levels removed 23 from the Holdco level above Sportech. So these 24 are individuals who Sportech has very little 25 control over. It just so happens that because 65 ITEM NO. 11 1 of the breadth of our regulations, they're 2 captured. But these are -- these are entities 3 which, you know, have never been asked to do 4 anything before in connection with Sportech. 5 And Sportech has very little control over it. 6 So it's not that Sportech is saying 7 we'll do it whenever we feel like it, and if 8 you don't like it, go ahead, and we dare that. 9 It's nothing like that. Sportech, believe 10 me -- and I had Mr. Penrose here to meet with 11 you. I had -- who is the CEO. Mr. Boardley, 12 who is their COO. They are making every effort 13 to get this done. It's just a reality, some of 14 the limitations here. And these people are 15 domestic. It's not like these people are in 16 Chicago or these people are in New York. We're 17 talking about people in Cyprus, Israel. You 18 know, I have to educate these people constantly 19 in terms of the fact they need things so that 20 we can complete a filing for a company, 21 frankly, they know very little about. So it's 22 not that dynamic. 23 COMMISSIONER EPPS: Okay. 24 CHAIR KASSEKERT: Any other questions? 25 VICE CHAIR HARRINGTON: No. Again, just 66 ITEM NO. 11 1 a comment or an observation. 2 I mean, I appreciate the challenges. 3 But given the time frame that we had and, you 4 know, real deadlines that were anticipated, the 5 commitment that this is being taken seriously 6 and, quite frankly, the technology that exists 7 today and the ability to, you know, within 24 8 hours get materials or get -- whether it's 9 fingerprints or whatever, I certainly, you 10 know, am disappointed that we're not going to 11 meet the December 31st deadline and hope that 12 every effort is made to -- to, you know, comply 13 before January 10th. I hate to be at the last 14 minute again. 15 MR. BROOKS: I appreciate that. And not 16 to quarrel and not to belabor the point, but I 17 would just -- you mentioned one thing that I 18 would just point out some of the difficulties. 19 With the fingerprints. We don't have the 20 technology to just transfer it. It's not like 21 I can e-mail fingerprints and get fingerprints 22 back. I have to give them an actual card which 23 they then have to have somebody physically 24 fingerprint them. It can't be done digitally. 25 I can't bring these people to the Commission. 67 ITEM NO. 11 1 The fingerprint cards and that fingerprinting 2 process is totally foreign to entities in 3 Europe. They don't do it. So it's hard to 4 find people to do it, and I have to get them to 5 places where it can be done. 6 Again, I'm not -- I'm not quarreling. I 7 understand your point, and it's well taken. 8 And, believe me, you know, it's my 9 responsibility, not anyone else's. But there 10 are some practical difficulties. It's not 11 quite as clean as, you know, the modern 12 technology would otherwise allow for. 13 VICE CHAIR HARRINGTON: I appreciate 14 that. We did a waiver for FedEx earlier today, 15 so put that on your -- okay. 16 CHAIR KASSEKERT: Thank you. 17 Any other questions? 18 COMMISSIONER EPPS: I would move that we 19 grant nunc pro tunc relief requested in the 20 petition subject to the following: A, permit 21 pemmisioner -- permit Petitioners to submit any 22 outstanding documents by no later than January 23 10, 2010. 24 CHAIR KASSEKERT: 2011. 25 COMMISSIONER EPPS: 2011. Ooh. Extend 68 ITEM NO. 12 1 the deadlines in Resolution 10-09-22-11 to 2 reflect this extension, order that no further 3 extension will be granted beyond January 10, 4 2011, and order that no transactional waivers 5 will be considered or approved until all 6 outstanding documents are filed. 7 COMMISSIONER FANELLE: 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 MR. ROVER: Thanks. 15 MR. BROOKS: Thank you very much. 16 Merry Christmas, happy New Year, happy 17 holidays, Commissioners. 18 CHAIR KASSEKERT: Thank you. 19 MR. NANCE: Item No. 12, petition of 20 Harrah's Atlantic City Operating Company, LLC, 21 Showboat Atlantic City Operating Company, LLC, 22 Bally's Park Place, Inc., and Boardwalk Regency 23 Corp. for declaratory ruling regarding the 24 "Beverage on Demand" system pursuant to NJSA 25 19:40-3.7. 69 ITEM NO. 12 1 Mr. Briliant? 2 MR. BRILIANT: Good morning, Madame 3 Chair and Commissioners. 4 Mr. Magazzu is here on behalf of the 5 Petitioners. Mr. Kimmel is here on behalf of 6 the Division. 7 And I have circulated a draft resolution 8 among the parties. 9 CHAIR KASSEKERT: Thank you. 10 Mr. Magazzu? 11 MR. MAGAZZU: Good morning again, Madame 12 Chair and Commissioners. Mike Magazzu on 13 behalf of the Petitioners. 14 You have before you a petition for the 15 declaratory ruling regarding our proposed 16 beverage on-demand system. This system is 17 essentially comprised of slot video display 18 where -- or a touch screen that, if approved, 19 would be installed into the face of our slot 20 machines. And is basically intended as a 21 customer service initiative to allow our 22 customers to use the touch screen to order 23 various types of beverages. 24 And it is not -- does it not affect the 25 gaming functions or the accounting functions of 70 ITEM NO. 12 1 these slot machines. 2 And for those reasons we ask that you 3 grant our petition for declaratory ruling, 4 specifically in connection with those sections 5 of the Casino Control Act and the regulations 6 pertaining to CHAB licensees. 7 CHAIR KASSEKERT: Thank you. 8 Any questions for Mr. Magazzu? 9 Mr. Kimmel? 10 MR. KIMMEL: Good morning, Chair, 11 Commissioners. Charles Kimmel on behalf of the 12 Division of Gaming Enforcement. 13 I've read the draft resolution. I have 14 no objection to its being adopted and, in fact, 15 encourage you to do so. 16 Thank you. 17 CHAIR KASSEKERT: Thank you. 18 Any questions? 19 COMMISSIONER EPPS: Yeah. I have one 20 question. 21 CHAIR KASSEKERT: Sure. 22 COMMISSIONER EPPS: A person still 23 brings the drink; right? 24 MR. MAGAZZU: Yes. A real -- 25 COMMISSIONER EPPS: A real person still 71 ITEM NO. 12 1 brings the drink? 2 (Laughter.) 3 VICE CHAIR HARRINGTON: It's not like 4 the Jetsons. 5 COMMISSIONER EPPS: All right. 6 CHAIR KASSEKERT: I didn't -- 7 COMMISSIONER EPPS: Hey. Bring the 8 drink. 9 CHAIR KASSEKERT: If they're of age. 10 COMMISSIONER EPPS: Oh, have to be of 11 age, the consumer. 12 CHAIR KASSEKERT: Right. Right. 13 COMMISSIONER EPPS: Don't want to get 14 rid of too many people. 15 CHAIR KASSEKERT: Appreciate that. 16 Any other questions? 17 VICE CHAIR HARRINGTON: I'll move that 18 we issue a declaratory ruling pursuant to NJAC 19 19:40-3.7 and grant the requested relief and 20 approve the beverage on-demand system. 21 COMMISSIONER EPPS: Second. 22 CHAIR KASSEKERT: The motion has been 23 made and seconded. All in favor? 24 (Ayes.) 25 CHAIR KASSEKERT: Opposed? 72 ITEM NO. 13 1 (No response.) 2 CHAIR KASSEKERT: The motion carries. 3 MR. NANCE: Item No. 13, petition of 4 Bally's Park Place, Inc., for permission to 5 transfer a progress slot jackpot pursuant to 6 NJSA 19:45-1.39(n). 7 Mr. Briliant? 8 MR. BRILIANT: Once again, Mr. Magazzu 9 and Mr. Kimmel are here on behalf of their 10 respective clients. 11 I have circulated a draft resolution to 12 the parties. 13 CHAIR KASSEKERT: Thank you. 14 Mr. Magazzu? 15 MR. MAGAZZU: Thank you, again, Madame 16 Chair and Commissioners. Mike Magazzu on 17 behalf of Bally's. 18 I have reviewed the draft resolution 19 that was circulated. The terms of the 20 resolution are acceptable to Bally's, and we'd 21 just ask that you grant the petition. 22 CHAIR KASSEKERT: Thank you. 23 Any questions? 24 Mr. Kimmel? 25 MR. KIMMEL: Thank you. 73 ITEM NO. 14 1 The Division has also reviewed this 2 draft resolution and has no objection to it 3 being adopted. 4 CHAIR KASSEKERT: Thank you. 5 Any questions? 6 COMMISSIONER EPPS: Madame Chair, I move 7 that we adopt the draft resolution and grant 8 the relief requested by Bally's Park Place, 9 Inc., and permit the progressive slot jackpot 10 transfer subject to compliance with the 30-day 11 notice requirement in NJSA 19:45-1.39(n). 12 COMMISSIONER FANELLE: Second. 13 VICE CHAIR 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. MAGAZZU: Thank you. 21 CHAIR KASSEKERT: Thank you. 22 MR. NANCE: Item No. 14, proposed 23 publication of amendments to NJSA 19:45-1.8. 24 Mr. Briliant? 25 MR. BRILIANT: In September of 2009 the 74 ITEM NO. 14 1 Commission reduced the required retention 2 period for redeemed verified and cancelled 3 gaming vouchers from six months to seven days 4 and also permitted them to be destroyed 5 immediately once the casino controller has 6 verified that all audits have been 7 satisfactorily completed. 8 This proposal, which was informally 9 requested by Showboat, would extend those 10 reduced time limits to coupons that have been 11 redeemed at slot machines. 12 The proposal would also eliminate any 13 retention period for an unused coupon which has 14 expired. 15 The matter is now before the Commission. 16 CHAIR KASSEKERT: Thank you. 17 Any questions? 18 COMMISSIONER FANELLE: Madame Chair, I 19 move that we approve for publication. 20 COMMISSIONER EPPS: 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. 15-17 1 CHAIR KASSEKERT: The motion carries. 2 MR. BRILIANT: Thank you. 3 MR. NANCE: Item No. 15 has been 4 adjourned. 5 Item No. 16 has been adjourned. 6 Item No. 17, proposed adoption of 7 amendment to NJSA 19:47-1.5. 8 Mr. Mamolen? 9 MR. MAMOLEN: Madame Chair, 10 Commissioners, this matter is before you for 11 final adoption. 12 As you know, in the authorized game of 13 craps when true odds are offered on buy bets, 14 it's either an all-or-nothing proposition. All 15 the buy bets vig -- vig collected on the buy 16 bets either has to be collected upfront at the 17 time of the wager or all the vig has to be 18 collected only in the event that the buy bet 19 wins. This affords the casino licensee the 20 option to preselect certain buy bets on certain 21 numbers to have it -- the treatment one way, 22 and for the others, the treatment the other 23 way. 24 CHAIR KASSEKERT: Thank you. 25 Any questions? 76 ITEM NO. 18-19 1 VICE CHAIR HARRINGTON: I'll move that 2 we adopt as published. 3 COMMISSIONER FANELLE: 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 MR. NANCE: Item No. 18, has been 11 adjourned at the request of the Division. 12 Item No. 19, Chair, Commissioners 13 presented for adoption is a proposed resolution 14 which will permit the Commission to hold a 15 closed session prior to the commencement of 16 each scheduled 2011 public meeting. 17 CHAIR KASSEKERT: Any questions? 18 COMMISSIONER EPPS: So moved. 19 CHAIR KASSEKERT: Is there a second? 20 VICE CHAIR HARRINGTON: Second. 21 COMMISSIONER FANELLE: Second. 22 CHAIR KASSEKERT: The motion has been 23 made and seconded. All in favor? 24 (Ayes.) 25 CHAIR KASSEKERT: Opposed? 77 1 (No response.) 2 CHAIR KASSEKERT: The motion carries. 3 MR. NANCE: In accordance with 4 Resolution 10-12-15-19, the next closed session 5 of the Commission shall be held on Wednesday, 6 January 5th, 2010 [sic], at 9:15 a.m. in the 7 Commission offices. 8 It is now time for the public 9 participation portion of the meeting. 10 CHAIR KASSEKERT: Anyone from the public 11 to wishes to be heard? 12 (No response.) 13 CHAIR KASSEKERT: Seeing no one, I'll 14 declare this portion of the meeting closed and 15 entertain a motion to adjourn. 16 VICE CHAIR HARRINGTON: So moved. 17 CHAIR KASSEKERT: Is there a second? 18 COMMISSIONER EPPS: Second. 19 COMMISSIONER FANELLE: 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 1 Thank you. 2 (Public Meeting 10-12-15 was adjourned 3 at 11:38 a.m.) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 79 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 19, 2010 23 My Notary Commission Expires July 22, 2014 24 ID No 2062871 25