1 1 STATE OF NEW JERSEY 2 CASINO CONTROL COMMISSION 3 - - - - - - - - - - - - - - - - - - - 4 5 PUBLIC MEETING NO. 11-01-19 6 7 - - - - - - - - - - - - - - - - - - - 8 9 Wednesday, January 19, 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 10:38 a.m. to 11:00 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 LON E. MAMOLEN, SENIOR COUNSEL 10 ROBERT A. MONCRIEF, JR., COUNSEL BERNADETTE T. FRIGEN, PROGRAM SUPERVISOR 11 SANDRA DeLIA, LEGAL SUPPORT SPECIALIST 12 DIVISION OF GAMING ENFORCEMENT: DEPUTY ATTORNEYS GENERAL 13 BRIAN C. BISCIEGLIA, 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. 7 SETH H. BRILIANT, SENIOR COUNSEL CHARLES F. KIMMEL, DEPUTY ATTORNEY GENERAL 3 FREDERICK CUNNINGHAM, ESQ. FOR: TRUMP TAJ MAHAL ASSOCIATES, LLC 4 ITEM NO. 8 SETH H. BRILIANT, SENIOR COUNSEL 5 CHARLES F. KIMMEL, DEPUTY ATTORNEY GENERAL FREDERICK CUNNINGHAM, ESQ. 6 FOR: TRUMP PLAZA ASSOCIATES, LLC 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 1 AGENDA PUBLIC MEETING NO. 11-01-19 2 JANUARY 19, 2011, 10:38 a.m. 3 ITEM PAGE VOTE 1 Ratification of the minutes of the 8 8 4 January 5, 2011, public meeting 2 Applications for employee and casino 5 service industry licenses 9 initial and/or renewal of casino key 8 9 6 and casino employee licenses Application for casino service industry 9 9 7 license pursuant to NJSA 5:12-92(c) for Mulholland Furniture, LLC 8 3 initial and/or renewal of casino key 10 10 and casino employee licenses 9 Application of gaming-related casino service industry license renewal pursuant 10 to NJSA 5:12-92(a) for Bally's Gaming, Inc. Applications for initial and/or renewal 11 12 11 of casino key employee licenses and for qualification: 12 Joseph R. Giunta, Vice President of Food and Beverage for Bally's Park Place, Inc. 13 Stanford G. Le, Vice President of Marketing for Harrah's Atlantic City Operating 14 Company, LLC John P. Zappas, Director of Security for 15 Showboat Atlantic City Operating Company, LLC 16 3 Stipulation of settlement in renewal 12 13 application of Marletheia Bryant 17 4 Petitions for early reapplication: a) German M. Chacon-Fernandez (10-0325-RA) 13 14 18 b) Kashawn C. McKinley (10-0175-RA) 15 17 c) Clarence E. Washington (10-0297-RA) 17 22 19 sworn 18 5 Application for suspension in State v. 22 23 20 Adam Dickerson (11-0007-RC) 6 Initial decision in petition of Robin 24 27 21 Chee for removal from the exclusion list (10-0072-MI) sworn 26 22 7 Petition of Trump Taj Mahal Associates, 27 29 LLC, for permission to transfer 23 progressive multi-level instant-pay slot jackpots pursuant to NJAC 19:45-1.39(n) 24 (PRN 3641001) 25 5 1 CONTINUED AGENDA PUBLIC MEETING NO. 11-01-19 2 JANUARY 19, 2011, 10:38 a.m. 3 ITEM PAGE VOTE 8 Petition of Trump Plaza Associates, LLC, 29 30 4 (d/b/a Trump Plaza Hotel Casino) for permission to transfer progressive multi- 5 level slot jackpots pursuant to NJAC 19:45-1.39(n) 6 (PRN 0061106) 9 Proposed adoption of amendments to NJAC 30 32 7 19:45-3.3 and 7.3 (Complimentary vigorish form) 8 Presentation to Seth H. Briliant 32 9 10 11 12 13 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 9 license X 5 P-2 Grant 3 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 11-01-19 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 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 FROM THE FLOOR: Good morning. 5 The matters discussed in closed session 6 were: Employee and enterprise license matters. 7 The Commissioners approved the January 8 5th, 2010, [sic] closed-session minutes. 9 Item No. 1, ratification of the January 10 5th, 2011, public meeting. 11 COMMISSIONER EPPS: I'll move it. 12 COMMISSIONER HARRINGTON: Move it -- 13 Second. 14 CHAIR KASSEKERT: The motion has been 15 made and seconded. All in favor? 16 (Ayes.) 17 CHAIR KASSEKERT: Opposed? 18 (No response.) 19 CHAIR KASSEKERT: The motion carries. 20 MR. NANCE: Item No. 2, application for 21 employee and casino service industry licenses. 22 This agenda item will be entered as Exhibit 23 List 1 and 2. 24 Exhibit List 1 consists of nine 25 applications for initial and/or renewal of 9 ITEM NO. 2 1 casino key and casino employee licenses. 2 The Division as objected to licensure. 3 COMMISSIONER EPPS: I move that we 4 remand these matters for hearing. 5 COMMISSIONER HARRINGTON: Second. 6 CHAIR KASSEKERT: The motion has been 7 made and seconded. All in favor? 8 (Ayes.) 9 CHAIR KASSEKERT: Opposed? 10 (No response.) 11 CHAIR KASSEKERT: The motion carries. 12 MR. NANCE: For consideration is the 13 casino service industry license application 14 pursuant to NJSA 5:12-92(c) for Mulholland 15 Furniture, LLC. 16 The Division has objected to the CSI 17 license application of Mulholland Furniture, 18 LLC, and the qualification of Lewis Kramer. 19 COMMISSIONER HARRINGTON: I move that we 20 remand this for a hearing. 21 COMMISSIONER EPPS: Second. 22 CHAIR KASSEKERT: The motion has been 23 made and seconded. All in favor? 24 (Ayes.) 25 CHAIR KASSEKERT: Opposed? 10 ITEM NO. 2 1 (No response.) 2 CHAIR KASSEKERT: The motion carries. 3 MR. NANCE: Exhibit List 2 consists of 4 three applications for initial and/or renewal 5 of casino key and casino employee licenses. 6 Staff and the Division have recommended 7 that these licenses be granted. 8 COMMISSIONER EPPS: Move that we grant 9 license applications. 10 VICE CHAIR FANELLE: 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: For consideration is the 18 gaming-related casino service industry license 19 renewal application pursuant to NJSA 5:12-92(a) 20 for Bally's Gaming, Inc. 21 Staff and the Division have recommended 22 that this application be granted. 23 VICE CHAIR FANELLE: I move that we 24 grant the casino service industry license. 25 COMMISSIONER HARRINGTON: Second. 11 ITEM NO. 2 1 CHAIR KASSEKERT: The motion has been 2 made and seconded. All in favor? 3 (Ayes.) 4 CHAIR KASSEKERT: Opposed? 5 (No response.) 6 CHAIR KASSEKERT: The motion carries. 7 MR. NANCE: For consideration are the 8 following applications for initial and/or 9 renewal of casino key licenses and for 10 qualification: For Joseph Giunta, Vice 11 President of Food and Beverage for Bally's Park 12 Place, Inc., Stanford G. Le, Vice President of 13 Marketing for Harrah's Atlantic City Operating 14 Company, LLC, and John Zappas, Director of 15 Security for Showboat Atlantic City Operating 16 Company, LLC. 17 The staff and the Division have 18 recommended that these applications be granted. 19 VICE CHAIR FANELLE: I'll move that we 20 grant the key employee licenses and 21 qualifications. 22 COMMISSIONER HARRINGTON: Second. 23 CHAIR KASSEKERT: The motion has been 24 made and seconded. All in favor? 25 (Ayes.) 12 ITEM NO. 3 1 CHAIR KASSEKERT: Opposed? 2 (No response.) 3 CHAIR KASSEKERT: The motion carries. 4 MR. NANCE: Roll call vote? 5 CHAIR KASSEKERT: Oh, I'm sorry. 6 MR. NANCE: Commissioner Epps? 7 COMMISSIONER EPPS: Yes. 8 MR. NANCE: Commissioner Harrington? 9 COMMISSIONER HARRINGTON: Yes. 10 MR. NANCE: Vice Chair Fanelle? 11 VICE CHAIR FANELLE: Yes. 12 MR. NANCE: Chair Kassekert? 13 CHAIR KASSEKERT: Yes. 14 MR. NANCE: The record will reflect that 15 the motion is unanimous. 16 Item No. 3, stipulation of settlement 17 and renewal application of Marletheia Bryant. 18 CHAIR KASSEKERT: Let me ask if Miss 19 Bryant is here? 20 (No response.) 21 CHAIR KASSEKERT: Okay. Mr. Biscieglia? 22 MR. BISCIEGLIA: Good morning, Chair and 23 Commissioners. 24 The Division has nothing further and ask 25 that the stipulation be approved as submitted. 13 ITEM NO. 4 1 Thank you. 2 CHAIR KASSEKERT: Thank you. 3 Any questions? 4 (No response.) 5 VICE CHAIR FANELLE: Madame Chair, I'll 6 move that we approve the stipulation of 7 statement and grant Miss Bryant a casino 8 employee license renewal application. 9 COMMISSIONER HARRINGTON: Second. 10 CHAIR KASSEKERT: The motion has been 11 made and seconded. All in favor? 12 (Ayes.) 13 CHAIR KASSEKERT: Opposed? 14 (No response.) 15 CHAIR KASSEKERT: The motion carries. 16 MR. NANCE: Item No. 4, petitions for 17 early reapplication for German M. 18 Chacon-Fernandez, Kashawn McKinley, and 19 Clarence Washington. 20 Miss Frigen? 21 MS. FRIGEN: Good morning, Madame Chair 22 and Commissioners. 23 Is Mr. Chacon-Fernandez present? 24 (No response.) 25 MS. FRIGEN: I don't believe he is. 14 ITEM NO. 4 1 For your consideration is his petition 2 seeking permission to obtain noncredential 3 hotel employment early. 4 The Division has posed no objection to 5 this -- to his request. 6 CHAIR KASSEKERT: Thank you. 7 Mr. Biscieglia, anything to add? 8 MR. BISCIEGLIA: Thank you. 9 As Miss Frigen has just stated, the 10 Division has interposed no objection by way of 11 our November 24th, 2010, letter and will answer 12 any questions you may have. 13 CHAIR KASSEKERT: Thank you. 14 Any questions for the Division? 15 COMMISSIONER HARRINGTON: No questions. 16 COMMISSIONER EPPS: Madame Chair, I move 17 that we grant Mr. Chacon-Fernandez permission 18 to obtain employment early as a noncredential 19 hotel employee. 20 COMMISSIONER HARRINGTON: Second. 21 CHAIR KASSEKERT: The motion has been 22 made and seconded. All in favor? 23 (Ayes.) 24 CHAIR KASSEKERT: Opposed? 25 (No response.) 15 ITEM NO. 4 1 CHAIR KASSEKERT: The motion carries. 2 MS. FRIGEN: The next case we have is 3 Kashawn McKinley. Let me ask whether Mr. 4 McKinley is present or represented? 5 (No response.) 6 MS. FRIGEN: Okay. Apparently, he is 7 not here as well. 8 Chair, Commissioners, you may recall the 9 his matter was adjourned from the Commission's 10 public meeting on December 15th. The Division 11 was not objecting to his request to work in a 12 hotel capacity, but that was going to be 13 conditioned upon his coming in and meeting with 14 them to work out some financial arrangements. 15 We subsequently scheduled a conference 16 for him to attend, which he did not appear for, 17 nor has he responded to a letter, you know, 18 indicating that he hasn't appeared. And we let 19 him know that his matter was being scheduled 20 for final action today. 21 It's my understanding that because he 22 did not appear that the Division has now 23 updated its position and objects to his 24 petition, but I'll let Mr. Biscieglia confirm 25 that for the Commission. 16 ITEM NO. 4 1 CHAIR KASSEKERT: Thank you. 2 MR. BISCIEGLIA: Thank you. 3 CHAIR KASSEKERT: Mr. Biscieglia? 4 MR. BISCIEGLIA: As Miss Frigen stated, 5 the Division originally did recommend grant and 6 agreed with the Commission's concerns regarding 7 the warrants that were held by Mr. McKinsey -- 8 or McKinley, excuse me. 9 He did fail to attend the meeting. 10 Based on his failure to attend that meeting 11 without any explanation, the Division has 12 reversed its position because there's really 13 nothing to stand on to recommend granting him 14 the relief sought. So the Division does now 15 oppose the relief sought and ask that it be 16 denied. 17 Thank you. 18 CHAIR KASSEKERT: Thank you. 19 Any questions for Mr. Biscieglia? 20 VICE CHAIR FANELLE: Madame Chair, I 21 move we deny Mr. McKinley's petition to reapply 22 early for a casino license, a casino employee 23 registration, or to obtain employment early as 24 a noncredential hotel employee. 25 COMMISSIONER HARRINGTON: Second. 17 ITEM NO. 4 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 MS. FRIGEN: Okay. And finally we have 8 Clarence Washington. Mr. Washington is 9 present. I would ask him to come forward and 10 have a seat at the table. 11 Mr. Washington this morning provided 12 three reference letters, copies of which I 13 provided to each of the Commissioners as well 14 as to the Division. 15 Similar to the last matter, this matter 16 was adjourned from the Commission's public 17 meeting of December 15th. The Commission 18 determined to afford Mr. Washington the 19 opportunity to submit additional supporting 20 documentation for his petition. 21 With that additional information, I 22 don't know if the Commission has further 23 questions of Mr. Washington or wishes to hear 24 from the Division first. At your pleasure. 25 CHAIR KASSEKERT: Let me ask, Mr. 18 ITEM NO. 4 1 Washington, is there anything in addition to 2 the letters that you submitted today that you 3 would like to say? 4 And Mr. Nance will swear you in, so you 5 need to rise. 6 MR. NANCE: Would you please stand? 7 8 CLARENCE E. WASHINGTON, was duly sworn 9 to testify in this matter. 10 11 MR. NANCE: Please state your name for 12 the record. 13 MR. WASHINGTON: Clarence D. Washington, 14 Jr. 15 MR. NANCE: Thank you. 16 CHAIR KASSEKERT: What would you like to 17 say, Mr. Washington? 18 MR. WASHINGTON: Well, I know you gave 19 me additional 30 days to get more letters. And 20 like I said before, it is tough to get letters 21 because I'm asking people to do things that's 22 not in their best interest but my best 23 interest. And it's really tough. And I did 24 ask one person to give me one that, he was a 25 best friend of mine, and he passed away, and 19 ITEM NO. 4 1 just recently. So it's kind of hard to really 2 get these letters that you asked for. 3 And I know I need this license. I want 4 this license. And that's why I'm here today. 5 And like I said before in previous meetings, 6 it's really, really tough now, especially from 7 where I had to come from and the mistake that I 8 had made. And it would be nice to say when I 9 fill out more applications that the Commission 10 gave me a second chance. 11 And I just had a new granddaughter and 12 everything. And I got to do what I have to do 13 to make sure she's all right and all my 14 grandchildren are all right. And my position 15 still is that I would appreciate if you all 16 granted me a chance to have this license. 17 CHAIR KASSEKERT: Okay. Let me just ask 18 if any of the Commissioners have any questions? 19 Commissioner Epps? 20 COMMISSIONER EPPS: Not right now. 21 CHAIR KASSEKERT: Okay. Mr. Biscieglia? 22 MR. BISCIEGLIA: Thank you. 23 The Division is in the receipt of the 24 letters from Mr. Washington. Based on the 25 letters we received from Mr. Washington, the 20 ITEM NO. 4 1 Division's original position was to recommend 2 denial of both the casino service employee 3 registration and the noncredentialed 4 employment. Based on the information set forth 5 in the letter report, most specifically, Mr. 6 Washington's disqualifying conviction, the 7 Division is going to keep the position on the 8 casino service employee registration, that that 9 should be denied. 10 However, based on the letters that Mr. 11 Washington has provided, the Division is going 12 to change its position in regards to the 13 noncredential employment and recommend that the 14 Commission grant Mr. Washington the ability to 15 work in a noncredential position. 16 CHAIR KASSEKERT: Okay. 17 MR. BISCIEGLIA: And we'll answer any 18 questions that you may have. 19 CHAIR KASSEKERT: Thank you. 20 Mr. Epps? 21 COMMISSIONER EPPS: Mr. Washington, I'm 22 not sure if you're clear on the Division's 23 position, but what they're saying is there's 24 certain positions in the casino industry, a 25 casino hotel, where you don't need a license or 21 ITEM NO. 4 1 registration where you can work. And that's 2 key because if you get in a hotel and you 3 establish -- which I'm certain you will -- your 4 demeanor and your responsibility and your work 5 ethic and things like that nature, you move 6 through, and you come back and need to move up. 7 It's all set for you because you are in a 8 company that has seen your work ethic and can 9 speak to you from a company standpoint, not 10 just somebody from the outside and say this is 11 our guy. We like him. We trust him. We want 12 him to move forward. We're speaking for you 13 now. So now you've got your company speaking 14 for you, and that coming behind you is a whole 15 lot stronger almost than any other letter. 16 Because somebody who's licensed here, they put 17 their license on the line saying he's one of 18 our guys, and we want him to move up. 19 MR. WASHINGTON: Okay. 20 COMMISSIONER EPPS: That goes a lot 21 farther. So a noncredential employee is a good 22 place to get started and reestablish yourself 23 and move forward. 24 So I would move that we deny the request 25 for a casino license application or -- or 22 ITEM NO. 5 1 casino service employee registration but grant 2 permission to obtain employment early as 3 noncasino -- noncredential hotel employee. 4 CHAIR KASSEKERT: Is there a second? 5 MR. WASHINGTON: Say that ten times 6 fast. 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 for coming. Thank you for 15 doing what we asked of you, and good luck. 16 MR. WASHINGTON: Thank you very much. 17 MR. NANCE: Item No. 5, application for 18 suspension in State versus Adam Dickerson. 19 MS. DeLIA: Good morning. 20 MR. NANCE: Miss DeLia? 21 MS. DeLIA: First, I'd like to ask if 22 Mr. Dickerson is here or represented? 23 (No response.) 24 MS. DeLIA: Apparently not. 25 Mr. Biscieglia is here on behalf of the 23 ITEM NO. 5 1 Division. 2 CHAIR KASSEKERT: Mr. Biscieglia, you 3 can proceed. 4 MR. BISCIEGLIA: Thank you. 5 The Division will rely on its Complaint 6 and application for suspension that was 7 submitted on January 4th of 2011. 8 The only addition the Division would 9 make is that this matter is currently pending a 10 grand jury with no date set. 11 Thank you. 12 CHAIR KASSEKERT: Thank you. 13 Any questions? 14 VICE CHAIR FANELLE: Madame Chair, I 15 move that we grant the Division's application 16 to suspend Mr. Dickerson's casino employee 17 license. 18 COMMISSIONER EPPS: Second. 19 CHAIR KASSEKERT: The motion has been 20 made and seconded. All in favor? 21 (Ayes.) 22 CHAIR KASSEKERT: Opposed? 23 (No response.) 24 CHAIR KASSEKERT: The motion carries. 25 MR. BISCIEGLIA: Thank you. 24 ITEM NO. 6 1 MS. DeLIA: Thank you. 2 MR. NANCE: Item No. 6, initial decision 3 and petition of Robert Chee for removal from 4 the exclusion list. 5 Mr. Mamolen? 6 MR. MAMOLEN: Have a seat there. 7 Good morning, Chair, Commissioners. 8 Before you today is Commissioner Epps' 9 initial decision in Mr. Chee's petition to 10 remove his name from the exclusion list. 11 Commissioner Epps found Mr. Chee to have 12 established sufficient circumstances such that 13 his continued presence would no longer be 14 inimical to the State of New Jersey or casino 15 gaming therein. 16 There were no exceptions filed by the 17 Division to the initial decision. 18 Mr. Stebbins is here on behalf of the 19 Division. He's represented the Division 20 throughout this matter. And also appearing 21 before you today is Mr. Chee himself. 22 CHAIR KASSEKERT: Thank you. 23 Mr. Stebbins, I guess, proceeds first? 24 MR. STEBBINS: Madame Chair, members of 25 the Commission, Mr. Chee was placed on the list 25 ITEM NO. 6 1 in 1995. We had alleged at that time that he 2 was a career offender, an associate of a career 3 offender. He did not contest that, and he 4 ended up on the list. He was convicted. He 5 went to jail. He was sentenced to ten years, 6 served five, and got out in 2003. 7 At the hearing in front of Commissioner 8 Epps, Mr. Chee acknowledged that he was 9 leader -- high-ranking member of the Ghost 10 Shadows out of New York City. He acknowledged 11 that in that position he engaged in illegal 12 activity, including the drug dealing, extorting 13 local merchants, and illegal gambling. 14 Mr. Chee also asserted that that was 15 conduct which was in his past. The Division 16 has no information to suggest that Mr. Chee is 17 presently associated with any of the 18 individuals that caused him to be placed on the 19 list or, in fact, caused him to be in -- 20 convicted and incarcerated. He's had no 21 further arrests. And the Division did not and 22 does not now contest the findings of 23 Commissioner Epps. 24 I'll answer any questions you have. 25 Thank you. 26 ITEM NO. 6 1 CHAIR KASSEKERT: Thank you. 2 Let me ask before we hear from Mr. Chee 3 if there are any questions for the Division? 4 Mr. Chee, would you like to say anything 5 today? 6 MR. CHEE: Uh, yes. 7 CHAIR KASSEKERT: Okay. Would you rise, 8 and Mr. Nance will swear you in. 9 10 ROBIN CHEE, was duly sworn to testify in 11 this matter. 12 13 MR. NANCE: Please state your name. 14 MR. CHEE: Robin Chee. 15 MR. NANCE: Thank you. 16 CHAIR KASSEKERT: Okay. Mr. Chee, what 17 would you like to tell us? 18 MR. CHEE: I just want to thank the 19 Commission for giving me the opportunity of 20 this hearing and thank the people that are 21 involved in this proceeding. And I hope the 22 Commission final decision will be to have my 23 name removed from the exclusion list. 24 Thank you. 25 CHAIR KASSEKERT: Thank you. 27 ITEM NO. 7 1 Are the any questions for Mr. Chee? 2 COMMISSIONER HARRINGTON: No questions. 3 CHAIR KASSEKERT: Okay. 4 COMMISSIONER HARRINGTON: I move that we 5 adopt the initial decision and grant Robin 6 Chee's request to be removed from the 7 conclusion list. 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 Thank you for coming. 16 MR. CHEE: Thank you. 17 CHAIR KASSEKERT: Good luck. 18 MR. STEBBINS: Thank you. 19 CHAIR KASSEKERT: Thank you. 20 MR. NANCE: Item No. 7, petition of 21 Trump Taj Mahal Associates, LLC, for permission 22 to transfer progressive multi-level instant-pay 23 slot jackpots pursuant to NJSA 19:45-1.39(n). 24 Mr. Briliant? 25 MR. BRILIANT: Good morning, Madame 28 ITEM NO. 7 1 Chair and Commissioners. 2 Mr. Cunningham is here on behalf of 3 Petitioner and Mr. Kimmel is here on behalf of 4 the Division. 5 And I did circulate a proposed draft 6 resolution. 7 CHAIR KASSEKERT: Thank you. 8 Mr. Cunningham, good morning. 9 MR. CUNNINGHAM: Good morning. 10 The Petitioner would rely on the papers 11 that were submitted and request that the relief 12 requested be granted. 13 CHAIR KASSEKERT: Thank you. 14 Mr. Kimmel? 15 MR. KIMMEL: Good morning, Chair, 16 members of the Commission. 17 I have read the draft resolution and do 18 not have any objection to its being adopted. 19 Thank you. 20 CHAIR KASSEKERT: Thank you. 21 Any questions? 22 VICE CHAIR FANELLE: Madame Chair, I 23 move that we adopt the draft resolution and 24 grant the relief requested by Trump Taj Mahal 25 Associates, LLC, to permit the progressive 29 ITEM NO. 8 1 multi-level instant-pay slot jackpot transfers 2 subject to compliance with the 30-day notice 3 requirement in NJAC 19:45-1.39(n). 4 COMMISSIONER EPPS: Second. 5 CHAIR KASSEKERT: The motion has been 6 made and seconded. All in favor? 7 (Ayes.) 8 CHAIR KASSEKERT: Opposed? 9 (No response.) 10 CHAIR KASSEKERT: The motion carries. 11 MR. NANCE: Item No. 8, petition of 12 Trump Plaza Associates, LLC, for permission to 13 transfer progressive multi-level slot jackpots, 14 pursuant to NJAC 19:45-1.39(n). 15 Mr. Briliant? 16 MR. BRILIANT: Again, Mr. Cunningham and 17 Mr. Kimmel are here. 18 And I did circulate a draft resolution. 19 CHAIR KASSEKERT: Thank you. 20 Mr. Cunningham? 21 MR. CUNNINGHAM: The Petitioner would 22 rely on the papers that were submitted and 23 request that the relief be granted. 24 CHAIR KASSEKERT: Thank you. 25 Mr. Kimmel? 30 ITEM NO. 9 1 MR. KIMMEL: And I also have no 2 objection to the adoption of the draft 3 resolution. 4 Thank you. 5 CHAIR KASSEKERT: Thank you. 6 Any questions? 7 COMMISSIONER HARRINGTON: No questions. 8 I will move that we adopt the draft 9 resolution and grant the relief requested by 10 Trump Plaza Associates, LLC, to permit the 11 progressive multi-level instant-pay jack -- 12 slot jackpot transfers subject to compliance 13 with the 30-day notice requirements in NJAC 14 19:45-1.39(n). 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: The motion carries. 22 Thank you. 23 MR. CUNNINGHAM: Thank you. 24 MR. NANCE: Item No. 9, proposed 25 adoption of amendments to NJAC 19:45-3.3 and 31 ITEM NO. 9 1 7.3. 2 Mr. Briliant? 3 MR. BRILIANT: Okay. Madame Chair and 4 Commissioners, this proposal would amend the 5 information that's required on the 6 complimentary vigorish form, and this 7 additional information should help casino 8 licensees and regulators better track the 9 complimentary vigorish which must be reported 10 in the calculation of the table game win. 11 The Notice of Proposal was published in 12 the "Register" -- the "New Jersey Register," 13 excuse me, on November 1st, 2011. And when the 14 public comment period closed on December 31st, 15 2010, no public comment had been received. 16 I'm sorry. They're both 2010 dates. 17 So the matter is now before you for 18 consideration. 19 CHAIR KASSEKERT: Thank you. 20 Any questions? 21 COMMISSIONER EPPS: I move that we adopt 22 as published without change. 23 VICE CHAIR FANELLE: Second. 24 CHAIR KASSEKERT: The motion has been 25 made and seconded. All in favor? 32 ITEM NO. 9 1 (Ayes.) 2 CHAIR KASSEKERT: Opposed? 3 (No response.) 4 CHAIR KASSEKERT: The motion carries. 5 And before you go running out, you've 6 tried to tell us at the last meeting was the 7 last meeting, but here you are again. 8 We have a certificate for you, Seth. 9 MR. BRILIANT: Oh, thank you. 10 CHAIR KASSEKERT: And I think it's kind 11 of humorous that your last item before us dealt 12 with vig. But we'd like to thank you for your 13 service. You have been instrumental in helping 14 the Commission to operate. Your guidance has 15 been superb on many issues, and we truly 16 appreciate your service to the State. 17 MR. BRILIANT: Thank you. 18 (Applause and standing ovation.) 19 CHAIR KASSEKERT: Commissioners, I don't 20 know if -- 21 MR. BRILIANT: Thanks. Thanks very 22 much. 23 COMMISSIONER HARRINGTON: Thank you. 24 VICE CHAIR FANELLE: Congratulations. 25 Good luck in your retirement. 33 1 MS. FAUNTLEROY: Speech. 2 CHAIR KASSEKERT: He really is a 3 magician. 4 (Applause.) 5 MR. BRILIANT: I didn't realize it was 6 such interest in the complimentary vigorish 7 form. 8 (Laughter.) 9 CHAIR KASSEKERT: You never can tell. 10 MR. BRILIANT: I just wanted to say 11 thank you for the kind words. And, also, I 12 couldn't have done all this by myself. There's 13 a great team here at the Commission, 14 particularly where I am in the Compliance 15 Division. Barbara Mattie, Jim Fehon, Vicky 16 Gressman, and everybody else. All the 17 principals who endured all my questions and to 18 get the information that I needed. The support 19 is tremendous. And that's how we got to where 20 we are. 21 CHAIR KASSEKERT: Thank you. Well said. 22 MR. BRILIANT: Thank you. 23 (Applause.) 24 MR. NANCE: In accordance with 25 Resolution No. 10-12-15-19, the next closed 34 1 session of the Commission shall be held on 2 Wednesday, February 9th, 2011, at 9:15 a.m. in 3 the Commission offices. 4 It is now time for the public 5 participation portion of the meeting. 6 CHAIR KASSEKERT: Is there anyone from 7 the public who wishes to be heard? 8 (No response.) 9 CHAIR KASSEKERT: Seeing no one, I'll 10 declare this portion of the meeting closed and 11 entertain a motion to adjourn. 12 VICE CHAIR FANELLE: Motion to adjourn. 13 COMMISSIONER EPPS: I move that we 14 adjourn. 15 COMMISSIONER HARRINGTON: 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: The motion carries. 22 Thank you. 23 (Public Meeting 11-01-19 was adjourned 24 at 11:00 a.m.) 25 35 1 2 C E R T I F I C A T E 3 4 5 I, DARLENE SILLITOE, a Certified Court 6 Reporter and Notary Public of the State of New 7 Jersey, certify that the foregoing is a true 8 and accurate transcript of the proceedings. 9 10 11 I further certify that I am neither 12 attorney, of counsel for, nor related to or 13 employed by any of the parties to the action; 14 further that I am not a relative or employee of 15 any attorney or counsel employed in this case; 16 nor am I financially interested in the action. 17 18 19 DARLENE SILLITOE CCR 20 License No XI01023 21 22 Dated: January 21, 2011 23 My Notary Commission Expires July 22, 2014 24 ID No 2062871 25