1 1 STATE OF NEW JERSEY 2 CASINO CONTROL COMMISSION 3 - - - - - - - - - - - - - - - - - - - 4 5 PUBLIC MEETING NO. 11-01-05 6 7 - - - - - - - - - - - - - - - - - - - 8 9 Wednesday, January 5, 2011 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 10:55 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 EDWARD J. FANELLE, VICE CHAIR MICHAEL C. EPPS, COMMISSIONER 4 SHARON ANNE HARRINGTON, COMMISSIONER 5 PRESENT FOR THE CASINO CONTROL COMMISSION: 6 DARYL W. NANCE, ADMINISTRATIVE ANALYST DANIEL J. HENEGHAN, PUBLIC INFORMATION OFFICER 7 OFFICE OF THE GENERAL COUNSEL: 8 DIANNA W. FAUNTLEROY, GENERAL COUNSEL/EXECUTIVE SECRETARY 9 SETH H. BRILLIANT, SENIOR COUNSEL ROBERT A. MONCRIEF, JR., COUNSEL 10 BERNADETTE T. FRIGEN, PROGRAM SUPERVISOR 11 DIVISION OF GAMING ENFORCEMENT: DEPUTY ATTORNEYS GENERAL 12 BRIAN C. BISCIEGLIA, DEPUTY ATTORNEY GENERAL TIMOTHY C. FICCHI, DEPUTY ATTORNEY GENERAL 13 MARY JO FLAHERTY, DEPUTY ATTORNEY GENERAL CHARLES F. KIMMEL, DEPUTY ATTORNEY GENERAL 14 R. LANE STEBBINS, DEPUTY ATTORNEY GENERAL 15 16 17 18 19 20 21 22 23 24 25 3 1 A P P E A R A N C E S : 2 ITEM NO. 5 DARYL W. NANCE, ADMINISTRATIVE ANALYST MARY JO FLAHERTY, DEPUTY ATTORNEY GENERAL 3 TAMA HUGHES, ESQ. FOR: TROPICANA ATLANTIC CITY CORP. 4 ITEM NO. 6 DARYL W. NANCE, ADMINISTRATIVE ANALYST MARY JO FLAHERTY, DEPUTY ATTORNEY GENERAL 5 N. LYNNE HUGHES, ESQ. FOR: SHOWBOAT ATLANTIC CITY OPERATING 6 COMPANY, LLC ITEM NO. 9 ROBERT A. MONCRIEF, JR., COUNSEL 7 R. LANE STEBBINS, DEPUTY ATTORNEY GENERAL FOX ROTHSCHILD, LLP 8 WILLIAM J. DOWNEY, III, ESQ. FOR: ADAMAR OF NEW JERSEY, INC. 9 ITEM NO. 10 ROBERT A. MONCRIEF, JR., COUNSEL TIMOTHY C. FICCHI, DEPUTY ATTORNEY GENERAL 10 N. LYNNE HUGHES, ESQ. FOR: BOARDWALK REGENCY CORP. 11 ITEM NO. 11 ROBERT A. MONCRIEF, JR., COUNSEL R. LANE STEBBINS, DEPUTY ATTORNEY GENERAL 12 FREDERICK CUNNINGHAM, ESQ. FOR: TRUMP PLAZA ASSOCIATES 13 ITEM NO. 12 ROBERT A. MONCRIEF, JR., COUNSEL TIMOTHY C. FICCHI, DEPUTY ATTORNEY GENERAL 14 KEVIN SMITH, ESQ. FOR: RIH ACQUISITIONS NJ, LLC 15 ITEM NO. 13 ROBERT A. MONCRIEF, JR., COUNSEL R. LANE STEBBINS, DEPUTY ATTORNEY GENERAL 16 FREDERICK CUNNINGHAM, ESQ. FOR: TRUMP MARINA ASSOCIATES, LLC 17 ITEM NO. 14 ROBERT A. MONCRIEF, JR., COUNSEL R. LANE STEBBINS, DEPUTY ATTORNEY GENERAL 18 FREDERICK CUNNINGHAM, ESQ. FOR: TRUMP TAJ MAHAL ASSOCIATES 19 ITEM NO. 15 SETH H. BRILIANT, SENIOR COUNSEL CHARLES F. KIMMEL, DEPUTY ATTORNEY GENERAL 20 FREDERICK CUNNINGHAM, ESQ. FOR: TRUMP MARINA ASSOCIATES, LLC 21 ITEM NO. 16 SETH H. BRILIANT, SENIOR COUNSEL CHARLES F. KIMMEL, DEPUTY ATTORNEY GENERAL 22 LEO PREVITI, ESQ. FOR: IGT 23 24 25 4 1 AGENDA PUBLIC MEETING NO. 11-01-05 2 JANUARY 5, 2010, 10:35 a.m. ITEM PAGE VOTE 3 1 Ratification of the minutes of the 8 8 December 15, 2011, public meeting 4 2 Approval of Annual Meeting Schedule 8 8 3 Election of Vice Chair 9 9 5 4 Applications for employee and casino service industry licenses 6 4 initial and/or renewal of casino key 10 10 and casino employee licenses 7 7 initial and/or renewal of casino key 11 11 and casino employee licenses 8 Application of Ryan D. Hammer, for a 11 12 casino key employee license and for 9 qualification as Assistant General Manager for Boardwalk Regency Corp. 10 5 Petition of Tropicana Atlantic City Corp. 12 14 (d/b/a Tropicana Casino and Resort) for the 11 issuance of a temporary casino key employee license to Michael Ray pursuant to NJSA 12 5:12-89(e) and to permit him pursuant to NJAC 19:43-2.6 to assume the duties and 13 exercise the powers of Assistant Vice President of Information Technology without 14 first having been qualified (PRN 3441001) 6 Petition of Showboat Atlantic City 14 16 15 Operating Company, LLC, for the issuance of a temporary casino key employee license 16 to Mark Tricano pursuant to NJSA 5:12-89(e) and to permit him pursuant to NJAC 19:43-2.6 17 to assume the duties and exercise the powers of Vice President and Assistant General 18 Manager without first having been qualified (PRN 3491001) 19 7 Stipulations of settlement and consent Agreements: 20 a) Peter L. Delaine (10-0280-ER) 17 18 b) Michael D. Hitchens (10-0004-ER) 17 18 21 c) Hassan J. Bey (10-0270-RA) 17 18 8 Petition of Charles Smith, Jr., for early 18 20 22 Reapplication (10-0270-RA) 9 Stipulation of settlement in State v. 20 22 23 Adamar of New Jersey, Inc. (d/b/a Tropicana Casino and Resort) (09-0728-VC) 24 10 Stipulation of settlement in State v. 22 24 Boardwalk Regency Corp. (d/b/a Caesars 25 Atlantic City Hotel) (10-0163-VC) 5 1 CONTINUE AGENDA PUBLIC MEETING NO. 11-01-05 2 JANUARY 5, 2010, 10:35 a.m. ITEM PAGE VOTE 3 11 Stipulation of settlement in State v. 24 25 Trump Plaza Associates (d/b/a Trump 4 Plaza Casino Hotel) (10-0163-VC) 12 Stipulation of settlement in State v. 26 27 5 RIH Acquisitions NJ, LLC, (d/b/a Atlantic City Hilton Casino Resort) (10-0203-VC) 6 13 Stipulation of settlement in State v. 27 30 Trump Marina Associates, LLC (d/b/a Trump 7 Marina Hotel Casino) (10--216-VC) 14 Stipulation of settlement in State v. 30 31 8 Trump Taj Mahal Associates (10-0265-VC) 15 Petition of Trump Marina Associates, LLC, 32 34 9 for permission to transfer progressive multi-level instant-pay slot jackpots 10 pursuant to NJAC 19:45-1.39(n) 16 Petition of IGT for permission to transfer 34 35 11 a progressive slot jackpot pursuant to NJAC 19:45-2.39(n) (PRN 3501002) 12 17 Proposed publication of amendments to 36 39 NJAC 19:45-1.11, 1.12, and 1.14 (staffing 13 and functions of a satellite cage) 14 15 16 17 18 19 20 21 22 23 24 25 6 1 E X H I B I T S : 2 NO. DESCRIPTION EVD 3 4 P-1 Remand for hearings 4 license X 5 P-2 Grant 7 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 11-01-05 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 November 1, 2010, filed with the 10 Secretary of State at the State House in 11 Trenton, New Jersey, a notice of this hearing. 12 On November 3, 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 15th, 2010, closed-session minutes. 8 Item No. 1, ratification of the minutes 9 of the December 15, 2010, public meeting. 10 VICE CHAIR HARRINGTON: So moved. 11 COMMISSIONER FANELLE: 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 MR. NANCE: Item No. 2, approval of 19 annual meeting schedule. 20 VICE CHAIR HARRINGTON: I'll move the 21 meeting schedule. 22 COMMISSIONER FANELLE: Second. 23 CHAIR KASSEKERT: The motion has been 24 made and seconded. All in favor? 25 (Ayes.) 9 ITEM NO. 3 1 CHAIR KASSEKERT: Opposed? 2 (No response.) 3 CHAIR KASSEKERT: The motion carries. 4 MR. NANCE: Item No. 3, election of Vice 5 Chair. 6 CHAIR KASSEKERT: Are there any 7 nominations for Vice Chair? 8 VICE CHAIR HARRINGTON: I will nominate 9 Commissioner Fanelle. 10 COMMISSIONER EPPS: Second. 11 CHAIR KASSEKERT: Is there a second with 12 that nomination? 13 The motion has been made and seconded. 14 All in favor -- 15 VICE CHAIR HARRINGTON: Is that a roll 16 call? 17 CHAIR KASSEKERT: No. That's not a roll 18 call. You just want to hold the suspense. 19 (Laughter.) 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. 10 ITEM NO. 4 1 Didn't you vote, Commissioner Fanelle? 2 VICE CHAIR FANELLE: No. 3 CHAIR KASSEKERT: You didn't vote for 4 yourself? 5 VICE CHAIR FANELLE: No. 6 CHAIR KASSEKERT: Congratulations. 7 VICE CHAIR FANELLE: Thank you. 8 MR. NANCE: Item No. 4, application for 9 employee and casino service industry licenses. 10 This agenda item will be entered as Exhibit 11 List 1 and 2. 12 Exhibit List 1 consists of four 13 applications for initial and/or renewal of 14 casino key and casino employee license. 15 The Division has objected to license. 16 COMMISSIONER EPPS: Move that we remand 17 these matters for a hearing. 18 VICE CHAIR FANELLE: Seconded. 19 COMMISSIONER 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: The motion carries. 11 ITEM NO. 4 1 MR. NANCE: Exhibit List 2 consists of 2 seven applications for initial and/or renewal 3 of casino key and casino employee licenses. 4 Staff and the Division have recommended 5 that these licenses be granted. 6 COMMISSIONER EPPS: Move we grant the 7 seven license applications. 8 VICE CHAIR FANELLE: Second. 9 CHAIR KASSEKERT: The motion has been 10 made and seconded. All in favor? 11 (Ayes.) 12 CHAIR KASSEKERT: Opposed? 13 (No response.) 14 CHAIR KASSEKERT: The motion carries. 15 MR. NANCE: For consideration is the 16 application of Ryan D. Hammer for a casino key 17 employee license and for qualification as 18 Assistant General Manager for Boardwalk Regency 19 Corp. 20 Staff and the Division have recommended 21 that this application be granted. 22 VICE CHAIR FANELLE: Move that we grant 23 the application. 24 COMMISSIONER HARRINGTON: Seconded. 25 CHAIR KASSEKERT: The motion has been 12 ITEM NO. 5 1 made and seconded. This is a role call vote. 2 MR. NANCE: Commissioner Epps? 3 COMMISSIONER EPPS: Yes. 4 MR. NANCE: Commissioner Harrington? 5 COMMISSIONER HARRINGTON: Yes. 6 MR. NANCE: Vice Chair Fanelle? 7 VICE CHAIR FANELLE: Yes. 8 MR. NANCE: Chair Kassekert? 9 CHAIR KASSEKERT: Yes. 10 MR. NANCE: The record will reflect that 11 the motion is unanimous. 12 Item No. 5, Petition No. 3441001 of 13 Tropicana Atlantic City Corp. is requesting the 14 issuance of a temporary casino key employee 15 license to Michael Ray pursuant to NJSA 16 5:12-89(e) and to permit him pursuant to NJAC 17 19:43-2.6 to assume the duties and exercise the 18 power of Assistant Vice President of 19 Information Technology without first having 20 been found qualified. 21 CHAIR KASSEKERT: Good morning, Miss 22 Hughes. 23 MS. HUGHES: Good morning, Madame Chair, 24 Commissioners. Happy New Years. 25 Before you is a petition for Michael Ray 13 ITEM NO. 5 1 to assume the duties of Assistant Vice 2 President of IT for Tropicana Atlantic City. I 3 would ask you grant this petition. 4 I have Mr. Ray here in the audience in 5 case there are any questions or any additional 6 information that you may need in this matter. 7 I respectfully ask you that you grant 8 the application. 9 CHAIR KASSEKERT: Thank you. 10 Any questions? 11 (No response.) 12 CHAIR KASSEKERT: Miss Flaherty? 13 MS. FLAHERTY: Good morning, Chair and 14 Commissioners. Happy New Year as well. 15 The Division has conducted the requisite 16 temporary and initial investigation with regard 17 to Mr. Ray's credentials. And based on that, 18 we have no objection to his temporary key 19 licensure or qualification. 20 Thank you. 21 CHAIR KASSEKERT: Thank you. 22 Any questions for the Division? 23 (No response.) 24 COMMISSIONER EPPS: Move that we approve 25 the petition and issue a temporary casino key 14 ITEM NO. 6 1 employee license to Michael Ray, permit him to 2 assume the duties and exercise the powers of 3 Assistant Vice President of Information 4 Technology without first having been found 5 qualified. 6 VICE CHAIR FANELLE: Second. 7 COMMISSIONER HARRINGTON: Second. 8 CHAIR KASSEKERT: Motion is made and 9 seconded. This is a roll call vote. 10 MR. NANCE: Commissioner Epps? 11 COMMISSIONER EPPS: Yes. 12 MR. NANCE: Commissioner Harrington? 13 COMMISSIONER HARRINGTON: Yes. 14 MR. NANCE: Vice Chair Fanelle? 15 VICE CHAIR FANELLE: Yes. 16 MR. NANCE: Chair Kassekert? 17 CHAIR KASSEKERT: Yes. 18 MR. NANCE: The record will reflect that 19 the motion is unanimous. 20 MS. HUGHES: Thank you. 21 CHAIR KASSEKERT: Thank you. 22 MR. NANCE: Item No. 6, Petition No. 23 3491001 of Showboat Atlantic City Operating 24 Company, LLC, is requesting the issuance of a 25 temporary casino key employee license to Mark 15 ITEM NO. 6 1 Tricano pursuant to NJSA 5:12-89(e) and to 2 permit him pursuant to NJAC 19:43-2.6 to assume 3 the duties and exercise the powers of Vice 4 President and Assistant General Manager without 5 first having been found qualified. 6 CHAIR KASSEKERT: Good morning, Miss 7 Hughes. 8 MS. HUGHES: Good morning. 9 Congratulations, Vice Chair. 10 VICE CHAIR FANELLE: Thank you. 11 MS. HUGHES: Mr. Tricano is currently 12 reestablishing himself in South Jersey. I'll 13 be making sure that I bring him around to 14 introduce him to you all once he gets situated. 15 But at this point I would ask that you grant 16 the petition. 17 Thank you. 18 CHAIR KASSEKERT: Thank you. 19 Any questions? 20 (No response.) 21 CHAIR KASSEKERT: Miss Flaherty? 22 MS. FLAHERTY: Yes. We have conducted 23 the preliminary investigation, again with 24 regard to this person's background. And based 25 on that, we have no objection to his temporary 16 ITEM NO. 6 1 key licensure or qualification. 2 Thank you. 3 CHAIR KASSEKERT: Thank you. 4 Any questions? 5 (No response.) 6 VICE CHAIR FANELLE: Madame Chair, I 7 move that we approve the petition and issue a 8 temporary casino key employee license to Mark 9 Tricano and permit him to assume the duties and 10 exercise the powers of Vice President and 11 Assistant General Manager without first having 12 been found qualified. 13 COMMISSIONER HARRINGTON: Second. 14 CHAIR KASSEKERT: Motion has been made 15 and seconded. This is a roll call vote. 16 MR. NANCE: Commissioner Epps? 17 COMMISSIONER EPPS: Yes. 18 MR. NANCE: Commissioner Harrington? 19 COMMISSIONER HARRINGTON: Yes. 20 MR. NANCE: Vice Chair Fanelle? 21 VICE CHAIR FANELLE: Yes. 22 MR. NANCE: Chair Kassekert? 23 CHAIR KASSEKERT: Yes. 24 MR. NANCE: The record will reflect that 25 the motion is unanimous. 17 ITEM NO. 7 1 CHAIR KASSEKERT: Thank you. 2 MS. FLAHERTY: Thank you. 3 MR. NANCE: Item No. 7, stipulation of 4 settlement and consent agreements. When I call 5 your name, please come forward, stand behind 6 this middle table, spreading across the room so 7 that you may be seen: Peter Delaine, Michael 8 Hitchens, Hassan Bey. 9 CHAIR KASSEKERT: Are any of those 10 individuals present? 11 (No response.) 12 CHAIR KASSEKERT: Okay. Thank you. 13 MS. FRIGEN: I don't see anyone, any of 14 them here that I met with earlier. 15 For your consideration are these 16 proposed settlements. 17 I would refer this matter over to the 18 Division for any comments it may have. 19 CHAIR KASSEKERT: Thank you. 20 Mr. Biscieglia? 21 MR. BISCIEGLIA: Thank you, Commissioner 22 and Commissioners. Happy New Year. 23 The Division has nothing further and ask 24 that the stipulations of settlement be approved 25 as submitted. 18 ITEM NO. 8 1 Thank you. 2 CHAIR KASSEKERT: Thank you. 3 Any questions? 4 (No response.) 5 COMMISSIONER EPPS: Move to approve the 6 stipulations. 7 COMMISSIONER HARRINGTON: Second. 8 CHAIR KASSEKERT: The motion has been 9 made and seconded. All in favor? 10 (Ayes.) 11 CHAIR KASSEKERT: Opposed? 12 (No response.) 13 CHAIR KASSEKERT: The motion carries. 14 Thank you. 15 MR. NANCE: Item No. 8, petition of 16 Charles Smith, Jr., for early reapplication. 17 Miss Frigen? 18 MS. FRIGEN: Madame Chair, 19 Commissioners, Mr. Smith is present. He has a 20 seat at the table here. 21 For your consideration is his petition 22 seeking permission to reapply early for a 23 registration and/or a noncredential hotel 24 employment. 25 The Division has interposed no objection 19 ITEM NO. 8 1 to this petition. 2 CHAIR KASSEKERT: Thank you. 3 Mr. Smith, is there anything you'd like 4 to stay today? 5 MR. SMITH: I thank the State and the 6 Commission for this reconsideration. 7 CHAIR KASSEKERT: Thank you. 8 Mr. Biscieglia? 9 MR. BISCIEGLIA: Thank you. 10 The Commission has the Division's letter 11 in December 20th of 2010, in which we oppose 12 interpose no objection to the relief. 13 CHAIR KASSEKERT: Thank you. 14 Any -- 15 MR. BISCIEGLIA: And we'll answer any 16 questions you may have. 17 CHAIR KASSEKERT: Great. 18 Any questions? 19 (No response.) 20 COMMISSIONER EPPS: Chair, I move that 21 we grant Mr. Smith's permission -- grant Mr. 22 Smith permission to reapply early for a casino 23 service employee registration and/or to obtain 24 employment early as a noncredential hotel 25 employee. 20 ITEM NO. 9 1 COMMISSIONER HARRINGTON: Second. 2 CHAIR KASSEKERT: Motion has been made 3 and seconded. All in favor? 4 (Ayes.) 5 CHAIR KASSEKERT: Opposed? 6 (No response.) 7 CHAIR KASSEKERT: The motion carries. 8 Thank you. Good luck. 9 MR. SMITH: Thank you now. 10 MR. BISCIEGLIA: Thank you. 11 MR. NANCE: Item No. 9, stipulation of 12 settlement in State versus Adamar of New 13 Jersey, Inc. 14 Mr. Moncrief? 15 MR. MONCRIEF: Madame Chair, members of 16 the Commission, before you is a proposed 17 stipulation of settlement in this matter for 18 your consideration in which the regulatory -- 19 in which the licensee admits to the regulatory 20 violation. 21 Here for the licensee is William Downey 22 and for the Division Lane Stebbins. 23 CHAIR KASSEKERT: Thank you. 24 Mr. Downey? 25 MR. DOWNEY: Good morning, Madame Chair. 21 ITEM NO. 9 1 For the record, William Downey from Fox 2 Rothschild for Tropicana Atlantic City Corp. 3 I'm also, for a limited purpose, able to speak 4 on behalf of Adamar of New Jersey, in 5 liquidation, formerly known as Adamar of New 6 Jersey, Inc. 7 CHAIR KASSEKERT: Thank you. 8 Anything you want to add with respect to 9 the stipulation? 10 MR. DOWNEY: Madame Chair, we're 11 prepared at this point to rely on the 12 stipulation of settlement and the mechanisms 13 that are described in there for the settlement. 14 CHAIR KASSEKERT: Thank you. 15 Mr. Stebbins? 16 MR. STEBBINS: Madame Chair, I would 17 echo Mr. Downey's comments about just relying 18 on the paperwork that's in front of you. I 19 think it self-explanatory. It gets us to where 20 we need to be. 21 CHAIR KASSEKERT: Thank you. 22 Any questions? 23 (No response.) 24 MR. STEBBINS: Thank you. 25 COMMISSIONER EPPS: Madame Chair, I move 22 ITEM NO. 10 1 that we approve the stipulation of settlement 2 and impose a civil penalty of $40,000 against 3 Adamar of New Jersey for violation of 4 Commission regulations regarding accounting and 5 internal controls and rules of the game. 6 COMMISSIONER 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: The motion carries. 13 Thank you. 14 MR. DOWNEY: Thank you. 15 MR. NANCE: Item No. 10, stipulation of 16 settlement in State versus Boardwalk Regency, 17 Corp. 18 MR. MONCRIEF: Madame Chair, members of 19 the Commission, before you is another 20 stipulation of settlement in which the licensee 21 admits to the regulatory violation and agrees 22 to pay the penalty described in the stipulation 23 of settlement. 24 Here for the licensee is Lynne Hughes 25 and for the Division is Tim Ficchi. 23 ITEM NO. 10 1 CHAIR KASSEKERT: Thank you. 2 Miss Hughes? 3 MS. HUGHES: Good morning. 4 I have read over the draft stipulation 5 and would ask that you adopt it. 6 Thank you. 7 CHAIR KASSEKERT: Thank you. 8 Mr. Ficchi? 9 MR. FICCHI: Madame Chair, 10 Commissioners, the Division would also ask that 11 you adopt the stipulation as drafted. 12 Thank you. 13 CHAIR KASSEKERT: Thank you. 14 Any questions? 15 COMMISSIONER HARRINGTON: No. 16 Questions. 17 I will move that we approve the 18 stipulation of settlement and impose a civil 19 penalty of $10,000 against Boardwalk Regency 20 Corporation for violations of Commission 21 regulations regarding accounting and internal 22 controls. 23 COMMISSIONER EPPS: Second. 24 CHAIR KASSEKERT: The motion has been 25 made and seconded. All in favor? 24 ITEM NO. 11 1 (Ayes.) 2 CHAIR KASSEKERT: Opposed? 3 (No response.) 4 CHAIR KASSEKERT: The motion carries. 5 Thank you. 6 MR. FICCHI: Thank you. 7 MR. NANCE: Item No. 11, stipulation of 8 settlement in State versus Trump Plaza 9 Associates. 10 Mr. Moncrief? 11 MR. MONCRIEF: Madame Chair, members of 12 the Commission, before you is another 13 stipulation of settlement in which the licensee 14 admits to the regulatory violation and agrees 15 to pay the penalty described in the stipulation 16 of settlement. 17 Here for the licensee is Fred 18 Cunningham. For the Division is Lane Stebbins. 19 CHAIR KASSEKERT: Good morning, Mr. 20 Cunningham. 21 MR. CUNNINGHAM: Good morning. For the 22 record, Fred Cunningham for the Trump Plaza. 23 The licensee agrees with the terms of 24 the stipulation that ask that it be adopted. 25 CHAIR KASSEKERT: Thank you. 25 ITEM NO. 11 1 Mr. Stebbins? 2 MR. STEBBINS: Thank you, Madame Chair, 3 members of the Commission. 4 It's an underaged gambling case. It 5 follows the usual format that we've developed 6 over a long period of time. Here it calls for 7 a $20,000 penalty, and I would just ask that 8 you approve the stipulation. 9 Thank you. 10 CHAIR KASSEKERT: Thank you. 11 Any questions? 12 COMMISSIONER HARRINGTON: No questions. 13 VICE CHAIR FANELLE: Madame Chair, I 14 move that we approve the stipulation of 15 settlement and impose a civil penalty of 16 $20,000, against Trump Plaza Associates for 17 violation of Commission regulations regarding 18 underaged gambling. 19 COMMISSIONER 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: The motion carries. 26 ITEM NO. 12 1 MR. CUNNINGHAM: Thank you. 2 CHAIR KASSEKERT: Thank you. 3 COMMISSIONER EPPS: Aye. 4 MR. NANCE: Item No. 12, stipulation of 5 settlement in State versus RIH Acquisition New 6 Jersey, LLC. 7 Mr. Moncrief. 8 MR. MONCRIEF: Madame Chair, members of 9 the Commission, before you is the stipulation 10 of settlement. In this case the licensee 11 agrees to the regulatory violation and agrees 12 to pay the penalty described in the 13 stipulation. 14 Here for the licensee is Kevin Smith and 15 for the Respondent is Tim Ficchi. 16 CHAIR KASSEKERT: Thank you. 17 Mr. Smith? 18 MR. SMITH: Good morning, Madame Chair, 19 Commissioners. Happy New Year. 20 I would ask that you approve the 21 stipulation of settlement. 22 CHAIR KASSEKERT: Thank you. 23 Mr. Ficchi? 24 MR. FICCHI: Again, good morning, 25 Commissioners and Madame Chair. 27 ITEM NO. 13 1 The Division would just ask that you 2 approve the stipulation as read. 3 Thank you. 4 CHAIR KASSEKERT: Thank you. 5 Any questions? 6 (No response.) 7 COMMISSIONER HARRINGTON: Madame Chair, 8 I'll move that we approve the stipulation of 9 settlement and impose a civil penalty of 10 $15,000 against RIH Acquisitions NJ, LLC, for 11 violations of Commission regulations regarding 12 underage gambling. 13 COMMISSIONER EPPS: Second. 14 CHAIR KASSEKERT: The motion has been 15 made and seconded. All in favor? 16 (Ayes.) 17 CHAIR KASSEKERT: Opposed? 18 (No response.) 19 CHAIR KASSEKERT: The motion carries. 20 Thank you. 21 MR. FICCHI: Thank you. 22 MR. SMITH: Thank you. 23 MR. NANCE: Item No. 13, stipulation of 24 settlement in State versus Trump Marina 25 Associates, LCC. 28 ITEM NO. 13 1 Mr. Moncrief? 2 MR. MONCRIEF: Madame Chair, members of 3 the Commission, before you is a stipulation of 4 settlement in which the licensee agrees to the 5 regulatory violation and agrees to pay the 6 penalty described in the stipulation of 7 settlement. 8 For the licensee is Fred Cunningham and 9 for the Division is Lane Stebbins. 10 CHAIR KASSEKERT: Thank you. 11 Good morning, Mr. Cunningham again. 12 MR. CUNNINGHAM: Good morning. 13 Trump Marina would respectfully request 14 that you adopt the stipulation as posed. 15 CHAIR KASSEKERT: Thank you. 16 Mr. Stebbins? 17 MR. STEBBINS: Thank you. 18 Madame Chair, members of the 19 Commissioners, this is a little bit of a 20 strange case. It is a paperwork case where the 21 winner of a hand-paid jackpot who was then 22 obligated to provide information for a W-2g is 23 not the person in whom the card was issued. So 24 you had one person, Person A, playing the slot 25 machine using Person B's card. The computer 29 ITEM NO. 13 1 generates certain paperwork associated with 2 that. So the paperwork got messed up. It was 3 ultimately discovered, and it was corrected. 4 But in correcting it, they didn't do it the 5 right way, either. 6 So there's nothing wrong with the 7 integrity of the games. It's a matter of 8 player accounts and marketing. And this is a 9 situation where you have player records and, 10 you know, just got all fouled up because of 11 patron swapping cards around. 12 With that in mind, the penalty -- and to 13 my knowledge, this is the first time we've had 14 anything like this come up. The penalty is 15 $10,000. There was no money lost, no integrity 16 compromised here. So that's why it is what it 17 is. 18 I would ask you to approve the 19 stipulation. 20 CHAIR KASSEKERT: Thank you. 21 Any questions? 22 VICE CHAIR FANELLE: Madame Chair, I 23 move that we approve the stipulation of 24 settlement and impose a civil penalty of 25 $10,000 against Trump Marina Associates, LLC, 30 ITEM NO. 14 1 for violation of Commission regulations 2 regarding accounting and internal controls. 3 COMMISSIONER EPPS: Second. 4 CHAIR KASSEKERT: The motion has been 5 made and seconded. All in favor? 6 (Ayes.) 7 CHAIR KASSEKERT: Opposed? 8 (No response.) 9 CHAIR KASSEKERT: The motion carries. 10 MR. NANCE: Item No. 14, stipulation of 11 settlement in State versus Trump Taj Mahal 12 Associates. 13 Mr. Moncrief? 14 MR. MONCRIEF: Madame Chair, members of 15 the Commissioners, before you is another 16 stipulation of settlement in which the licensee 17 admits to the regulatory violation and agrees 18 to pay the penalty prescribed in the 19 stipulation of settlement. 20 Again, before you is Mr. Cunningham and 21 Mr. Stebbins. 22 CHAIR KASSEKERT: Thank you. 23 Mr. Cunningham? 24 MR. CUNNINGHAM: The licensee has 25 reviewed the proposed stipulation of settlement 31 ITEM NO. 14 1 and is in agreement with its terms and would 2 request that it be approved. 3 Thank you. 4 CHAIR KASSEKERT: Thank you. 5 Mr. Stebbins? 6 MR. STEBBINS: I would just echo Mr. 7 Cunningham's comments. It's an underaged case, 8 drinking and gambling, calls for a penalty of 9 $20,000, and we would urge that you approve it. 10 Thank you. 11 CHAIR KASSEKERT: Thank you. 12 Any questions? 13 (No response.) 14 COMMISSIONER EPPS: Madame Chair, move 15 that we approve the stipulation of settlement 16 and impose a civil penalty of $20,000 against 17 Trump Taj Mahal Associates for violation of 18 Commission regulations regarding underaged 19 gambling and serving of alcoholic beverages to 20 an underage individual. 21 VICE CHAIR FANELLE: Second. 22 CHAIR KASSEKERT: The motion has been 23 made and seconded. All in favor? 24 (Ayes.) 25 CHAIR KASSEKERT: Opposed? 32 ITEM NO. 15 1 (No response.) 2 CHAIR KASSEKERT: The motion carries. 3 Thank you. 4 MR. STEBBINS: Thank you. 5 MR. CUNNINGHAM: Thank you. 6 MR. MONCRIEF: Thank you. 7 MR. NANCE: Item No. 15, petition of 8 Trump Marina Associates, LLC, for permission to 9 transfer of progressive multi-level instant-pay 10 slot jackpots pursuant to NJAC 19:45-1.39(n). 11 Mr. Briliant? 12 MR. BRILIANT: Good morning, Madame 13 Chair and Commissioners. 14 Mr. Cunningham is here on behalf of 15 Trump Marina. Mr. Kimmel is here on behalf of 16 the Division. 17 And I have prepared and circulated a 18 draft resolution. 19 CHAIR KASSEKERT: Thank you. 20 Mr. Cunningham? 21 MR. CUNNINGHAM: The Petitioner is in 22 agreement with the proposed resolution and 23 would ask it that be adopted. 24 As an additional housekeeping matter, 25 there was a duplicate petition filed in the 33 ITEM NO. 15 1 same matter several weeks later under PRN 2 3551001, filed on December 21st, and I would 3 ask that that be withdrawn at this point. 4 MR. BRILIANT: Yeah. I've discussed 5 that with Mr. Cunningham, and we agreed that it 6 could be administratively dismissed, and I will 7 take care of that. 8 CHAIR KASSEKERT: Thank you. 9 Thank you, Mr. Briliant. 10 Mr. Kimmel? 11 MR. KIMMEL: Good morning, Chair, 12 members of the Commission. 13 I've read the draft resolution and have 14 no objection to its adoption. 15 Thank you. 16 CHAIR KASSEKERT: Thank you. 17 Any questions? 18 (No response.) 19 COMMISSIONER EPPS: Madame Chair, i move 20 that we approve the resolution and grant the 21 relief requested by Trump Marina Associates, 22 LLC, to permit the progressive multi-level 23 instant-pay slot jackpot transfer subject to 24 the compliance with the 30-day notice 25 requirement in NJAC 19:45-1.39(n). 34 ITEM NO. 16 1 VICE CHAIR FANELLE: Second. 2 COMMISSIONER HARRINGTON: Second. 3 CHAIR KASSEKERT: The motion has been 4 made and seconded. All in favor? 5 (Ayes.) 6 CHAIR KASSEKERT: Opposed? 7 (No response.) 8 CHAIR KASSEKERT: The motion carries. 9 Thank you. 10 MR. CUNNINGHAM: Thank you. 11 MR. NANCE: Item No. 16, petition of IGT 12 for permission to transfer a progressive slot 13 jackpot pursuant to NJAC 19:45-1.39(n). 14 Mr. Briliant? 15 MR. BRILIANT: Mr. Previti is here on 16 behalf of the Petitioner. Mr. Kimmel is here 17 on behalf of the Division. 18 And I have prepared a proposed draft 19 resolution, which I did circulate to the 20 parties. 21 CHAIR KASSEKERT: Thank you. 22 Good morning. Good morning, Mr. 23 Previti. 24 MR. PREVITI: Good morning, Chair, Vice 25 Chair. 35 ITEM NO. 16 1 We've read the draft resolution, and we 2 would ask that you adopt it. 3 CHAIR KASSEKERT: Thank you. 4 MR. KIMMEL: I would second that and ask 5 that the draft resolution be adopted. 6 Thank you. 7 CHAIR KASSEKERT: Thank you. 8 Any questions? 9 (No response.) 10 VICE CHAIR FANELLE: Madame Chair, I 11 move that we adopt the draft resolution and 12 grant the relief requested by IGT to permit the 13 multi-casino progressive annuity slot jackpot 14 transfer subject to compliance with the 30-day 15 notice requirement in NJAC 19:45-1.39(n). 16 COMMISSIONER HARRINGTON: Second. 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: The motion carries. 24 Thank you. 25 MR. PREVITI: Thank you. 36 1 MR. NANCE: Item No. 17, proposed 2 publication of amendments concerning staffing 3 and functions of a satellite cage. 4 Mr. Briliant? 5 MR. BRILIANT: Madame Chair, before we 6 proceed to this item, I just wanted to take a 7 moment since this may be my last formal 8 appearance before the Commission. 9 CHAIR KASSEKERT: When is the actual 10 date? 11 MR. BRILIANT: February 1st. 12 CHAIR KASSEKERT: Okay. 13 MR. BRILIANT: So I just -- I just 14 wanted to say how much-- 15 CHAIR KASSEKERT: We're going to make 16 sure you come back. 17 MR. NANCE: February 1st? 18 MR. BRILIANT: I just wanted to say how 19 much I've enjoyed working at the Commission and 20 working with all of the Commissioners. 21 Thank you. 22 CHAIR KASSEKERT: Thank you. Well, we 23 appreciate your service. You know, you've also 24 been the guru in terms of writing regulations, 25 and you followed in Dennis Kell's steps very 37 ITEM NO. 17 1 admirably. And we will miss you. 2 MR. BRILIANT: Thank you. I appreciate 3 it. 4 CHAIR KASSEKERT: Thank you. 5 MR. BRILIANT: Okay. 6 CHAIR KASSEKERT: Was that the issue? 7 MR. BRILIANT: On this next item, as I 8 believe we discussed, although we originally 9 wrote this to be a proposal for public comment, 10 in the end we decided it made more sense to 11 temporarily adopt it so that we could try it 12 out, see if anything needed tweaking or 13 modifying, and we would be able to then make 14 those changes without having to republish the 15 proposal all over again. 16 So with that modification in mind, that 17 we would just be doing the temp adoption, the 18 matter is now before you. 19 CHAIR KASSEKERT: Thank you. 20 Any questions? 21 COMMISSIONER HARRINGTON: No questions, 22 Madame Chair. 23 I will move that we approve for 24 temporary adoption. 25 VICE CHAIR FANELLE: Second. 38 ITEM NO. 17 1 COMMISSIONER EPPS: Second. 2 CHAIR KASSEKERT: The motion has been 3 made and seconded. All in favor? 4 (Ayes.) 5 CHAIR KASSEKERT: Opposed? 6 (No response.) 7 CHAIR KASSEKERT: The motion carries. 8 MR. BRILIANT: Thank you. 9 CHAIR KASSEKERT: Thank you. 10 MR. NANCE: In accordance with 11 Resolution No. 10-12-15-19, the next closed 12 session of the Commission shall be held on 13 Wednesday, January 19, 2011, at 19:15 a.m. in 14 the Commission offices. 15 It is now time for the public 16 participation portion of the meeting. 17 CHAIR KASSEKERT: Is there anyone from 18 the public who wishes to be heard? 19 (No response.) 20 CHAIR KASSEKERT: Seeing no one, I'll 21 declare this portion of the meeting closed and 22 entertain a motion to adjourn. 23 COMMISSIONER HARRINGTON: So moved. 24 CHAIR KASSEKERT: Second? 25 COMMISSIONER EPPS: Second. 39 1 CHAIR KASSEKERT: Okay. The motion has 2 been made and seconded. All in favor? 3 (Ayes.) 4 CHAIR KASSEKERT: Opposed? 5 (No response.) 6 CHAIR KASSEKERT: The motion passes. 7 Thank you. 8 (Public Meeting 11-01-05 was adjourned 9 at 10:55 a.m.) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 40 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: January 8, 2011 23 My Notary Commission Expires July 22, 2014 24 ID No 2062871 25