1 BEFORE THE COMMONWEALTH OF PENNSYLVANIA...

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SARGENT'S COURT REPORTING SERVICE, INC.(814) 536-8908

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BEFORE THE COMMONWEALTH OF PENNSYLVANIAGAMING CONTROL BOARD

* * * * * * * *PUBLIC MEETING* * * * * * * *

BEFORE: WILLIAM H. RYAN, JR., CHAIRMANJames B. Ginty, Keith R. McCall,Anthony C. Moscato, John J. McNally, III,Christopher Craig, representing Robert McCord,State Treasurer Robert C. Coyne, representingDaniel Meuser, Secretary of RevenueJorge Augusto, representing George Greig,Secretary of Agriculture

HEARING: Wednesday, April 24, 2013, 11:16 a.m.LOCATION: PA Gaming Control Board

Strawberry SquareSecond FloorHarrisburg, PA 17101

WITNESSES: None

Reporter: Jolynn C. Prunoske

Any reproduction of this transcript is prohibitedwithout authorization by the certifying agency.

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A P P E A R A N C E S

OFFICE OF CHIEF COUNSELR. DOUGLAS SHERMAN, ESQUIRE

Chief CounselALLISON CASSEL, ESQUIRE

Assistant Chief CounselSTEPHEN S. COOK, ESQUIRE

Deputy Chief CounselSUSAN YOCUM, ESQUIRE

Assistant Chief CounselOFFICE OF ENFORCEMENT COUNSEL

CYRUS PITRE, ESQUIREChief Enforcement Counsel

CASSANDRA FENSTERMAKER, ESQUIREAssistant Enforcement Counsel

DUSTIN MILLER, ESQUIREAssistant Enforcement Counsel

PA Gaming Control BoardP.O. Box 69060Harrisburg, PA 17106-9060

Counsel for the Pennsylvania Gaming Control Board

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I N D E X

OPENING REMARKSBy Chairman 4 - 6

PRESENTATIONBy Ms. Yantis 6 - 8By Attorney Yocum 8 - 10By Attorney Sherman 10 - 18By Attorney Cook 19 - 21By Ms. Hensel 21 - 33By Attorney Miller 34 - 36By Attorney Fenstermaker 36 - 44

CLOSING REMARKSBy Chairman 44

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P R O C E E D I N G S----------------------------------------------------

CHAIRMAN:Good morning, everyone. I'm Bill Ryan,

Chairman of the Pennsylvania Gaming Control Board.Before we begin, i would like to ask everyone to pleaseturn off cell phones, PDAs and other electronicdevices. Thank you very much. With us today is ChrisCraig, representing State Treasurer, Robert McCord.Bob Coyne, representing Secretary for the Department ofRevenue, Dan Meuser. And Jorge Augusto, representingSecretary of Agriculture, George Greig. Thank yougentlemen, for being here.

Everyone on the Board is present, so iwill call the meeting to order. First i would askeveryone to stand for the Pledge of Allegiance.PLEDGE OF ALLEGIANCE RECITED

CHAIRMAN:I think we can begin, ladies and

gentlemen. Thank you all for your patience. The Boardheld an Executive Session yesterday, the purpose ofwhich was to discuss personnel matters and to conductquasi judicial deliberations relating to matters beingconsidered by the Board today. And at upcomingmeetings. Additionally just prior to commencing this

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meeting, the Board held an Executive Session todeliberate on the Mountainview, Thoroughbred RacingAssociation Petition that we heard this morning.

Also, while I know this has been widelypublicized, I would like to again announce that theBoard will be holding public input hearings in the Cityof Philadelphia on May 8th and 9th relating to the sixapplicants seeking the one remaining Category 2 CasinoLicense for the City of Philadelphia. The hearingswill be held at Lincoln Financial Field, at 1020Pattison Avenue in Philadelphia.

In addition, there will also be an inputhearing on May 7th to address SugarHouse Casino'spetition for expansion. The May 7th hearing will beheld at the National Constitution Center located at 525Arch Street, also in the City of Philadelphia. Anyonewishing to speak at these hearings can register onlineat the Board's website, or can call the Board'sSecretary, Mickey Kane at 717-346-8325. The public mayalso submit written public comment relating to thesehearings by mailing such comments to the PennsylvaniaGaming Control Board, attention Board Secretary, P.O.Box 69060, Harrisburg, Pennsylvania, 17106. Or fax717-346-8350.

Okay. Next we will have consideration of

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a motion to approve the minutes and transcripts of theMarch 13th and April 3rd, 2013 meetings. May I havesuch a motion?

MR. MCNALLY:Mr. Chairman, I move that the Board

approve the minutes and transcripts of the March 13thand April 3rd, 2013 meetings.

CHAIRMAN:Second?MR. MOSCATO:Second.CHAIRMAN:All in favor?

AYES RESPONDCHAIRMAN:Opposed? The motion carries. Next, we

have Claire Yantis, who's been sitting there patiently,our Human Resources Director. Claire.

MS. YANTIS:Good morning, Chairman Ryan, Members of

the Board. The Office of Human Resources has onemotion for your consideration today. In order toensure adequate staffing to support the anticipatedopening of the Lady Luck Casino at Nemacolin WoodlandsResort, we have completed the recruitment process for

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PGCB staff at that location. Current PGCB employee,Collin MacNamara has been named CCR Supervisor for theproperty. And his transition to the supervisory roleis underway.

Additionally, we have four new hires foryour consideration today. Amanda Kozar, StevenPieczynski, Mark Seese and Jordan Montgomery have beenselected as Casino Compliance Representatives for theproperty. All four individuals have completed the PGCBinterview process, background investigation, and drugscreening and are being recommended for hire byDirector of Casino Compliance Jerry Stoll.

Finally, we have two additionalindividuals that we anticipate bringing before you atat next public meeting. I'd be happy to answer anyquestions about the recruitment efforts discussed. Orif there are no questions, I'd ask that the Boardconsider a motion to hire Ms. Kozar, Mr. Pieczynski,Mr. Seese, and Mr. Montgomery, as indicated.

CHAIRMAN:Any questions or comments from the Board?

Ex-Officio Members? May I have a motion?MR. MOSCATO:Yes, sir. I move that the Board approve

the applicants as proposed, on the condition that they

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have completed the necessary background investigationsand drug testing.

MR. FAJT:Second.CHAIRMAN:All in favor?

AYES RESPONDCHAIRMAN:Opposed? The motion carries. Thank you,

Claire. Next, Doug Sherman, our Chief Counsel.ATTORNEY SHERMAN:Good morning, Chairman, Members of the

Board. Our first agenda item relates to a finalregulation which Assistant Chief Counsel Susan Yocum ishere to present.

ATTORNEY YOCUM:Good morning, Chairman, Members of the

Board.CHAIRMAN:Good morning, Susan.ATTORNEY YOCUM:I have one Final-form rulemaking for your

consideration today. It is Final rulemaking 125-161,which was provided to you in advance of this meeting.This rulemaking will amend the day-to-day types of

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agreements that Licensees are required to submit to theBoard for staff review, and those that will requireBoard approval such as management contracts, corporateoverhead assessment agreements, and shared servicesagreements.

This will also exempt professional sportsteams of major league baseball, the NFL, NBA and NHLfrom the gaming service providers certification andregistration requirements. I'd be happy to answers anyquestions you may have.

CHAIRMAN:Questions or comments from the Board?MR. FAJT:Just one real quick question, Mr.

Chairman. You mentioned three NHL, NFL, NBA, Ibelieve, Major League Baseball?

ATTORNEY YOCUM:And Major League Baseball.MR. FAJT:Thank you.CHAIRMAN:Okay. Ex-officio members, may I have a

motion?MR. FAJT:Yes, Mr. Chairman, I move that the Board

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adopt Final-form regulation 125-161, as described bythe Office of Chief Counsel (OCC), and that theregulation be posted on the Board's website.

MR. GINTY:Second.CHAIRMAN:All in favor?

AYES RESPONDCHAIRMAN:Opposed? The motion carries.ATTORNEY YOCUM:Thank you.CHAIRMAN:Thank you, Susan. Doug?ATTORNEY SHERMAN:Today the Board has four petitions on the

agenda. One of those matters was heard by the Boardjust earlier this morning, during the public hearing,that being of Penn National. The second petition whichwill be presented before the Board today was heardduring a public hearing on April 3rd, 2013. And theother two matters will be based on the record,documentary records before the Board. As to eachmatter, all petitions, pleadings or any otherevidentiary materials have been provided to the Board

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in advance of the meeting.Now as to the first matter of Penn

National Gaming, Mountainview Thoroughbred RacingAssociation and Pennsylvania National Turf Club arerequesting the Board's initial approval of a corporaterestructuring plan which will result in certain of thePenn National assets being placed in the newly-formedreal estate investment trust. In submitting thepetition, the Petitioners acknowledge that the Board'sapproval is preliminary and subject to furtherdocumentation and final Board approval, prior to theclosing of the corporate restructuring. As heardearlier during the public hearing, Penn National Gamingwill transfer real estate assets owned by the partiesto a new entity. The real estate investment trust willthen lease the real estate currently owned byMountainview and the Pennsylvania National Turf Club,back to the operating entity.

The transaction will also result in arefinancing of debt, with a portion of that debt beingtransferred to the REIT. The OEC (OEC) does not opposethe grant of the petition, however it has put fortheight conditions which are outlined in OEC's Answer toa Petition.

As you heard earlier, Penn National is in

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agreement with those conditions. During deliberationswe also discussed the fact that Penn National hasacknowledged that they will be proceeding to a numberof other jurisdictions to seek similar approval fromthose other jurisdictions of this concept.

In addition to the eight conditionsoutlined in the OEC Answer and agreed to by Penn, Ithink it would also be prudent to place in the Order arequirement that Penn National submit transcripts ofall proceedings of those other jurisdictions to boththe OEC and the OCC, within 30 days of the publicmeetings occurring in each other jurisdiction, alongwith copies of any Orders, Decisions or other filingsby the other jurisdictions, upon Penn National'sreceipt of those documents. Then in that way we canensure that the Board and OEC is kept abreast ofeverything going on, in all decisions in the otherjurisdictions.

I'd also note that the parties filed amotion requesting that Exhibit A and C of the petitionbe maintained as confidential. The OEC has noobjection to that request. The OCC has reviewed itand agreed that confidentiality for those two exhibitsis appropriate. And we would ask the Board now for amotion to consider the petition to approve the Penn

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restructuring and creation of the REIT, Inc. Conceptform along with the confidentiality motion.

CHAIRMAN:Questions or comments from the Board?

Ex-Officio Members? May I have a motion?MR. GINTY:It's my motion, Mr. Chairman. First of

all, let me say I want to commend Penn National for anexcellent presentation, and also to commend the OEC andthe OCC for their thorough review of what is going tobe a new issue, a novel issue in the gaming world.

With that, Mr. Chairman, I move that theBoard grant the petition of Mountainview ThoroughbredRacing Association for initial approval of a corporaterestructuring, subject to further documentation andsubject to the comments made by Chief Counsel withrespect to transcripts and audits from otherjurisdictions, and subject to final approval prior toclosing of the corporate restructuring. And further,grant the confidentiality motion, as described by theOCC.

CHAIRMAN:Second?MS. KAISER:Second.

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CHAIRMAN:All in favor?

AYES RESPONDCHAIRMAN:Opposed? Motion carries.ATTORNEY SHERMAN:The next matter before the Board is

Woodlands Fayette. It is a petition of WoodlandsFayette in which it requests approval of its plan forcontrolling access to the gaming floor. This petitionwas heard by the Board at the April 3rd meeting. AfterBoard deliberations on the matter, a detailedadjudication has been drafted and will be issued latertoday, following the Board's vote on the matter.

Broadly the adjudication largely approvesthe Woodlands Fayette plan, as presented. However itdenies the proposed Nemacolin Experience Membershipwithout prejudice to Woodlands, again requesting theBoard consider it after the provision of furtherinformation. The matter is now closed and ready forthe Board's consideration.


Ex-Officio Members? May I have a motion?MS. KAISER:

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Mr. Chairman, I move that the Board grantthe petition of Woodlands Fayette, LLC for approval ofthis plan to allow access to its gaming floor in part,as described by the OCC, and as outlined in theAdjudication and Order being issued today.

MR. MCCALL:Second.CHAIRMAN:All in favor?

AYES RESPONDCHAIRMAN:Opposed? The motion carries.ATTORNEY SHERMAN:The next petition before the Board is that

of Belle Mead Hot Glass, LLC. Belle Mead filed itsGaming Service Provider Application with the Board inSeptember of 2009, and was granted interimauthorization in October of 2009, to conduct businesswith casinos in the State of Pennsylvania. Uponfurther review of the application, the Bureau ofLicensing discovered several deficiencies, notifiedBelle Mead on three occasions of the information neededto cure the application. However, the company failedto comply with the Bureau's request, and ultimately itplaced the Belle Mead Company on the Prohibited Gaming

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Service Provider List.Belle Mead is now petitioning to be

removed from the Prohibited Gaming Service ProviderList. The OEC, in responding, does not object to theremoval, provided that Belle Mead pay a $1,500 civilpenalty, an additional $1,500 civil penalty forconducting business with Parx Casino while on the list,payment of all outstanding investigative and licensingfees and costs, as well as its commitment tocooperation with the Bureau of Licensing and Bureau ofInvestigations and Enforcement (BIE) regardingsubmission and review of any required forms or newapplications, now determined to be required. Subjectto those conditions, the matter is ready for theBoard's decision.


Ex-Officio Members? May I have a motion?MR. MCCALL:Mr. Chairman, I move that the Board grant

the petition of Belle Mead Hot Glass, as described bythe OCC.

MR. MCNALLY:Second.CHAIRMAN:

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All in favor?AYES RESPOND

CHAIRMAN:Opposed? The motion carries.ATTORNEY SHERMAN:In the final petition before the Board

today is Fossil Partners' petition for removal from theProhibited Gaming Service Provider List. FossilPartners is a company that sells watches, handbags andother accessories. Fossil initially submitted a GamingService Provider Registration in February of 2007, andwas granted interim authorization to conduct businessin Pennsylvania.

Subsequently the Board's Bureau ofLicensing notified Fossil that it had deficiencies inits application. The company did not cure thosedeficiencies, and the Board placed it on the ProhibitedGaming Service Provider List in December of 2008.Since that time, the Board has amended its regulation,which originally required that publicly-tradedcompanies had to apply for a registration orcertification as a gaming service provider. Theamended regulation now removes the requirement, andtherefore Fossil, as a publicly-traded company, is nolonger required to provide the information previously

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requested, as long as they file a publicly-tradedcorporation authorization form.

Fossil has filed that form with the Boardin February of this year, and hence seeks to come offthe list. The OEC has not objected to Fossil's requestto be removed from the list, provided they pay a $1,500civil penalty and any costs or expenses incurred by theOEC, relative to this petition. Under those provisos,the matter is now ready for the Board's consideration.


Ex-Officio Members? May I have a motion?MR. MCNALLY:Mr. Chairman, I move that the Board grant

the petition of Fossil Partners, as described by theOCC.


AYES RESPONDCHAIRMAN:Opposed? The motion carries.

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ATTORNEY SHERMAN:Next presenting a Report and

Recommendation is Deputy Chief Counsel, Steve Cook.CHAIRMAN:Good morning, Steve.ATTORNEY COOK:Good morning. Before the Board is one

consideration of one Report and Recommendation receivedby the Board from the Office of Hearings and Appeals(OHA). The Report and Recommendation, which pertainsto the Non-Gaming Employer Registration of Juan Velez,along with the evidentiary record from the hearing, hasbeen provided to the Board in advance of this meeting.Additionally, Mr. Velez, has been notified that thematter was coming before the Board today, and he hadthe ability to come forward and briefly address theBoard.

If Mr. Velez is in the room, I'd ask himto come forward at this time.

Briefly, on December 6th, 2012, Mr. Velezsubmitted a Non-Gaming Employee Application to work asan EVS Attendant at the Parx Casino. Mr. Velez statedon his application that he had never been arrested orcharged with any criminal offenses. However, duringBIE's investigation, it was discovered that Mr. Velez

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had been arrested and convicted in November of 1996 fortheft and criminal trespass, and in 1999 fordrug-related offenses.

As a result of Mr. Velez' criminalhistory, on January 2nd, 2013, the OEC issued a Noticeof Recommendation of Denial of this gentleman'sapplication. Thereafter, Mr. Velez requested ahearing which was held on February the 26th, 2013, andwas attended by both Mr. Velez and Enforcement Counsel,BIE agents, all of which presented evidence before theHearing Officer.

At that time, Mr. Velez testified that hehad not been charged with any crime since 1999, andthat a drug problem was the root of his problems. Hehad since come to terms with his drug addiction, andhas been steadily employed for about the last 12 years.Was married. Was a father and grandfather. Andessentially he indicated that he had righted his life.

After viewing all the evidence presented,the Hearing Officer issued a Report and Recommendation,recommending that the Application for Non-Gaming Permitbe approved, notwithstanding the OEC's objection. Andit is that recommendation before the Board today.

CHAIRMAN:Is Juan Velez in the hearing room? Any

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questions or comments from the Board? Ex-OfficioMembers? May I have a motion?

MR. MOSCATO:Yes, sir. I move that the Board adopt the

Report and Recommendation of the OHA, regarding theNon-Gaming Employee Registration of Juan Velez, asdescribed by the OCC.


AYES RESPONDCHAIRMAN:Opposed? The motion carries.ATTORNEY SHERMAN:And that concludes all matters of the OCC.CHAIRMAN:Thank you, gentlemen. Next, Susan Hensel,

Director of Bureau of Licensing. Good morning, Susan.MS. HENSEL:Thank you, Chairman Ryan and Members of

the Board. Before the Board today will be motionsregarding 731 Principal Key Gaming and Non-GamingEmployees. In addition, there will be consideration of11 Gaming Service Provider Applicants.

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The first matter for your consideration isthe approval of Principal and Key Employee Licenses.Prior to this meeting, the Bureau of Licensing providedyou with a Proposed Order for five Principal and sevenKey Employee Licenses for Category 1, 2 and 3 SlotMachine Operators and Manufacturer Licensees. I askthat the Board consider the Order approving theselicenses.

CHAIRMAN:Any comments from Enforcement Counsel?ATTORNEY PITRE:Enforcement Counsel has no objection.CHAIRMAN:Questions or comments from the Board?

Ex-Officio Members? May I have a motion?MR. FAJT:Mr. Chairman, I move that the Board

approve the issuance of Principal and Key EmployeeLicenses as described by the Bureau of Licensing.


AYES RESPONDCHAIRMAN:

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Opposed? The motion carries.MS. HENSEL:Next for your consideration are Temporary

Principal and Key Employee Licenses. Prior to thismeeting, the Bureau of Licensing provided you with anOrder regarding the issuance of Temporary Licenses fortwo Principal and 22 Key Employees. I ask that theBoard consider the Order approving these licenses.

CHAIRMAN:Any comments from Enforcement Counsel?ATTORNEY PITRE:Enforcement Counsel has no objection.CHAIRMAN:Any questions or comments from the Board?

Ex-Officio Members? May I have a motion?MR. GINTY:Mr. Chairman, I move that the Board

approve the issuance of Temporary Principal and KeyEmployee Credentials, as described by the Bureau ofLicensing.

CHAIRMAN:Second?MS. KAISER:Second.CHAIRMAN:

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CHAIRMAN:Opposed? The motion cares.MS. HENSEL:In addition there are Gaming Permits and

Non-Gaming Registrations. Prior to this meeting, theBureau of Licensing provided you with a list of 538individuals to whom the Bureau has granted Temporary orFull Occupation Permits, and 81 individuals to whom theBureau has granted Registrations under the authoritydelegated to the Bureau of Licensing. I ask that theBoard consider a motion approving the Order.


Ex-Officio Members? May I have a motion?MS. KAISER:Mr. Chairman, I move that the Board

approve the issuance of Gaming Employee Permits andNon-Gaming Employee Registrations as described by theBureau of Licensing.

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AYES RESPONDCHAIRMAN:Opposed? The motion carries.MS. HENSEL:We also have Recommendations of Denial for

one Gaming Employee and two Non-Gaming EmployeeApplicants. Prior to this meeting, the Bureau ofLicensing provided you with Orders addressing theapplicants, who the OEC has recommended for denial.

In each case, the applicant failed torequest a hearing within the specified time period. Iask that the Board consider the Orders denying theGaming and Non-Gaming Employee Applicants.

CHAIRMAN:Any comments from Enforcement Counsel?ATTORNEY PITRE:Enforcement Counsel would request that the

Board order a Denial in each instance.CHAIRMAN:Questions or comments from the Board?

Ex-Officio Members? May I have a motion?

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MR. MCCALL:Mr. Chairman, I move that the Board

approve the Denial of Gaming and Non-Gaming EmployeeApplications as described by the Bureau of Licensing.

MR. MCNALLY:Second.CHAIRMAN:All in favor?

AYES RESPONDCHAIRMAN:Opposed? The motion carries.MS. HENSEL:Also for your consideration are withdraw

requests for Gaming and Non-Gaming Employees. In eachcase, the Permit or Registration is no longer required.For today's meeting I have provided the Board with alist of 11 Gaming and four Non-Gaming Employeewithdrawals for approval and I ask that the Boardconsider the Orders approving that list of withdrawals.

CHAIRMAN:Any comments from Enforcement Counsel?ATTORNEY PITRE:Enforcement Counsel has no objection.CHAIRMAN:Questions or comments from the Board?

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Ex-Officio Members? May have I motion?MR. MOSCATO:I move that the Board approve the

withdrawals as described by the Bureau of Licensing.MR. FAJT:Second.CHAIRMAN:All in favor?

AYES RESPONDCHAIRMAN:Opposed? The motion carries.MS. HENSEL:Next we have an Order regarding the

abandonment of Gaming and Non-Gaming EmployeeApplications. The Bureau of Licensing provided youwith an Order and an attached list of nine Gaming and49 Non-Gaming Employee Applications. The applicantsfiled applications but failed to be fingerprinted asrequired by the Act and the Board's regulations. Ithas been six months or more since there has been anyactivity on these applications. Periodically theBureau of Licensing reviews its files to identifyincomplete and inaccurate applications such as these,and recommends that the applicants be abandoned. Underour regulations, the Board has the authority to declare

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applications abandoned if the applicant fails toprovide information such as fingerprints necessary tocure application deficiencies.

An abandoned applicant is free to reapplyat any time and I ask that the Board consider the Orderdeclaring these applications abandoned.


Ex-Officio Members? May I have a motion?MR. MCNALLY:Mr. Chairman, I move that the Board

approve the abandonment of Gaming and Non-GamingEmployee Applications as described by the Bureau ofLicensing.


AYES RESPOND

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CHAIRMAN:Opposed? The motion carries.MS. HENSEL:In addition we have the Order to Certify

the following gaming service providers. EpicureanStrategic Partners, LLC and Gotham Direct, Inc. I askthat the Board consider the Order approving thesegaming service providers for certification.


Ex-Offico Members? May I have a motion?MR. FAJT:Mr. Chairman, I move that the Board issue

an Order to approve the applications for Gaming ServiceProviders Certification, as described by the Bureau ofLicensing.

CHAIRMAN:Second?MR. GINTY:Second.CHAIRMAN:

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CHAIRMAN:Opposed? The motion carries.MS. HENSEL:Next we have an Order regarding Gaming

Service Provider Registrations. The Bureau ofLicensing provided you with an Order and an attachedlist of seven Registered Gaming Service Providers. Iask that the Board consider a motion registering thesegaming service providers.


Ex-Officio Members? May I have a motion?MR. GINTY:Mr. Chairman, I move that the Board issue

an Order to approve the applications for Gaming ServiceProvider Registration as described by the Bureau ofLicensing.

CHAIRMAN:Second?

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MS. KAISER:Second.CHAIRMAN:All in favor?

AYES RESPONDCHAIRMAN:Opposed? The motion carries.MS. HENSEL:In addition we have a Recommendation of

Denial for Pho Ha Saigon Noodle House's Gaming ServiceProvider Application. Prior to this meeting, theBureau of Licensing provided you with an Orderaddressing this applicant, who the OEC has recommendedfor denial.

The applicant failed to request a hearingwithin the specified time period. I ask that the Boardconsider the Order denying Pho Ha Saigon Noodle House'sGaming Service Provider Application.

CHAIRMAN:Any comments from Enforcement Counsel?ATTORNEY PITRE:The Enforcement Counsel requests that the

Board issue an Order denying the application.CHAIRMAN:Any questions or comments from the Board?

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Ex-Officio Members? May I have a motion?MS. KAISER:Mr. Chairman, I move that the Board issue

an Order to deny the Gaming Service ProviderApplication of Pho Ha Saigon Noodle House, as describedby the Bureau of Licensing.


AYES RESPONDCHAIRMAN:Opposed? The motion carries.MS. HENSEL:Finally, the Gaming Service Provider

Application for the Broadview Group, LLC is beingrecommended for abandonment. This company filed anincomplete application with the Board, and to the bestof our knowledge is out of business. I ask that theBoard consider the Order declaring The Broadview Group,LLC's application abandoned.

CHAIRMAN:Any comments from Enforcement Counsel?ATTORNEY PITRE:Enforcement Counsel has no objection.

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Ex-Officio Members? May I have a motion?MR. MCCALL:Mr. Chairman, I move that the Board issue

an Order to approve the abandonment of The BroadviewGroup, LLC's Gaming Service Provider Application, asdescribed by the Bureau of Licensing.

MR. MCNALLY:Second.CHAIRMAN:All in favor?

AYES RESPONDCHAIRMAN:Opposed? The motion carries.MS. HENSEL:That concludes the matters of the Bureau

of Licensing.CHAIRMAN:Thank you very much, Susan. Next we have

OEC. Cyrus?ATTORNEY PITRE:We have six matters for the Board's

consideration today. We have three revocations andthree involuntary exclusions. The first matter is the

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revocation of Mr. Andrew Barlow's Non-Gaming EmployeeRegistration. That matter will be presented byAssistant Enforcement Counsel Dustin Miller.

CHAIRMAN:Good morning, Dustin.ATTORNEY MILLER:Good morning, Chairman Ryan, Members of

the Board. I'm Dustin Miller on behalf of the OEC.The first matter today is a request for

revocation involving Andrew Barlow. Mr. Barlow wasemployed as an EVS Attendant at Parx Casino, andregistered as a Non-Gaming Employee. The OEC filed anEnforcement Complaint to revoke Mr. Barlow's Non-GamingRegistration for failing to maintain his suitability onDecember 12th --- or December 28th of 2012.

Mr. Barlow was terminated from Parx Casinoon August 29th, 2012, after the Parx Casinosurveillance department observed Mr. Barlow stealing apatron's money from the tray of a TRM machine on August25th, 2012. The Pennsylvania State Police charged Mr.Barlow with theft by unlawful taking and receivingstollen property for this incident.

The Enforcement Complaint was properlyserved upon Mr. Barlow to the address listed on hisapplication by both certified and first class mail.

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Mr. Barlow did not respond to the filing in any way.Due to Mr. Barlow's failure to respond, the avermentsin the Enforcement Complaint are deemed admitted asfact and his right to a hearing has been waived.

On March 21st, 2013, the OEC filed arequest to enter a Judgment upon Default. The matteris now before the Board to consider the revocation ofMr. Barlow's Non-Gaming Employee Registration.

CHAIRMAN:Is Andrew Barlow in the hearing room? Any


MR. MCNALLY:Mr. Chairman, I move that the Board issue

an Order to approve the revocation of Andrew Barlow'sNon-Gaming Employee Registration as described by theOEC.


AYES RESPONDMR. CHAIRMAN:

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Opposed? The motion carries.MR. MILLER:Thank you.CHAIRMAN:Thank you, Dustin.ATTORNEY PITRE:The next five matters will be presented to

the Board by Assistant Enforcement Counsel CassandraFenstermaker. The first on the list is the revocationof Mr. Craig Wise's Gaming Employee Permit.

CHAIRMAN:Good morning, Cassandra.ATTORNEY FENSTERMAKER:Good morning Chairman, Members of the

Board. My name is Cassandra Fenstermaker,F-E-N-S-T-E-R-M-A-K-E-R, Assistant Enforcement Counselfor the OEC.

As Cyrus said, the first matter I have foryour consideration today is a revocation for CraigWise, Junior's Gaming Employee Permit. On February6th, 2013, the OEC filed a Complaint for the revocationagainst Craig Wise, Junior, as a result of hisactivities while employed as a Slot Attendant atHarrah's Philadelphia.

Specifically, Mr. Wise falsified jackpot

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payout slips and kept the approximately $475 he claimsto have given to patrons. The Enforcement Complaintwas sent to Mr. Wise by first class and certified mail.He did not respond to the Complaint within 30 days, andtherefore pursuant to Board regulations, all facts inthe Complaint are deemed admitted. The OEC filed aRequest for Default Judgment on March 19th, 2013, andat this time requests that Craig Wise, Junior's GamingEmployee Permit be revoked.

CHAIRMAN:Is Craig Wise in the hearing room? Any


MR. MOSCATO:Yes, sir. I move that the Board issue an

Order to approve the revocation of Craig Wise's GamingEmployee Permit as described by the OEC.


AYES RESPONDCHAIRMAN:Opposed? The motion carries.ATTORNEY FENSTERMAKER:

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The next four matters that I have for theBoard's consideration are based on the same generalfacts, so if it's okay, I will just present onenarrative and then present each petition for yourconsideration of both.

CHAIRMAN:That's fine.ATTORNEY FENSTERMAKER:I know I'm going to pronounce this man's

name incorrectly at least once during this proceedingjust to warn you.

CHAIRMAN:I would hope so.ATTORNEY FENSTERMAKER:Soksovannarath Yin holds a Gaming Employee

Permit and was employed as a Table Games Dealer atHarrah's, Philadelphia. While Mr. Yin was dealingblackjack on November 26th, 2012, a patron reportedsuspicious activity at Mr. Yin's table to the TableGame Supervisor on duty.

Surveillance conducted a live review ofMr. Yin while he was dealing, and noted that he paid apatron twice for a past-posted wager, misdealt a handwhile he was dealing and paid a patron for a losinghand. The patron was later identified as Tavis Scales.

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Surveillance conducted a further review ofMr. Yin's actions while dealing blackjack and Spanish21 from the previous week. The review indicated thatMr. Yin was paying patrons, Tavis Scales and PatrickJeun for illegal wagers, paying them two times forwagers, paying them for losing wagers, misdealingcards, and placing bets for Mr. Scales and Mr. Jeuneusing chips out of the rack, so using house money.

Mr. Yin, Mr. Scales, and Mr. Jeune wereall subsequently charged with multiple counts ofConspiracy to Commit Theft, and other theft-relatedcharges. All of their cases are currently pending.

Regarding Soksovannarath Yin's GamingEmployee Permit, on February 8th, 2013, the OEC filed aComplaint for Revocation against Soksovannarath Yin asa result of his activities while employed as a dealerat Harrah's. The Enforcement Complaint was sent to Mr.Yin by both first class and certified mail. He did notrespond to the Complaint within 30 days, and therefore,pursuant to Board regulations, all facts in theComplaint are deemed admitted. The OEC filed a Requestfor Default Judgment on March 19th, 2013 and at thistime requests that Soksovannarath Yin's Gaming EmployeePermit be revoked.

CHAIRMAN:

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Is Soksovannarath Yin in the hearing room?Any questions or comments from the Board? Ex-OfficioMembers? May I have a motion?

MR. FAJT:Yes, Mr. Chairman. I move that the Board

issue an Order to approve the revocation ofSoksovannarath Yin's Gaming Employee Permit asdescribed by the OEC.


AYES RESPONDCHAIRMAN:Opposed? The motion carries.ATTORNEY FENSTERMAKER:Regarding Mr. Yin's exclusion, on February

8th, 2013, the OEC filed an Exclusion Petition againstSoksovannarath Yin as a result of his activities whileemployed at Harrah's and as a result of his pendingcriminal charges. The petition was sent to Mr. Yin byboth first class and certified mail. He did notrespond to the filing in any way, and therefore,pursuant to Board regulations, all facts alleged in theComplaint are deemed admitted. The OEC filed a Request

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for Default Judgment on March 19th, 2013 and at thistime the OEC requests that Soksovannarath Yin beenplaced on the Board's Excluded Persons List.


Ex-Officio Members? May I have a motion?MR. GINTY:Mr. Chairman, I'd move that the Board

issue an Order to approve the addition ofSoksovannarath Yin to the PGCB's Involuntary ExclusionList as described by the OEC.

CHAIRMAN:Second?MS. KAISER:Second.CHAIRMAN:All in favor?

AYES RESPONDCHAIRMAN:Opposed? The motion carries.MS. FENSTERMAKER:The next petition I have is regarding

Patrick Jeune, the patron that was involved. OnFebruary 8th of 2013, the OEC filed an ExclusionPetition against Patrick Jeune as result of his actions

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while patronizing Harrah's and his pending criminalcharges. The petition was sent to Mr. Jeune by bothfirst class and certified mail. He did not respond tothe filing in any way, and therefore, pursuant to Boardregulations, all facts in the Complaint are deemedadmitted. The OEC filed a Request for Default Judgmenton March 19th, 2013 and at this time, the OEC requeststhat Patrick Jeune be placed on the Board's ExcludedPersons List.

CHAIRMAN:Is Patrick Jeune in the hearing room? Any


ATTORNEY KAISER:Mr. Chairman, I move that the Board issue

an Order to approve the addition of Patrick Jeune tothe Pennsylvania Gaming Control Board's InvoluntaryExclusion List, as described by the OEC.


AYES RESPONDCHAIRMAN:Opposed? The motion carries.

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ATTORNEY FENSTERMAKER:The final petition I have is regarding

Tavis Scales. On February 8th, 2013, the OEC filed anExclusion Petition against Tavis Scales as a result ofhis activities at Harrah's and his pending criminalcharges. The petition was sent to Mr. Scales by bothfirst class and certified mail. He did not respond tothe filing in any way, and therefore, pursuant to Boardregulations, all facts alleged in the Complaint aredeemed admitted. The OEC filed a Request for DefaultJudgment on March 19th, 2013, and at this time requeststhat Tavis Scales be placed on the Board's ExcludedPersons List.

CHAIRMAN:Is Tavis Scales in the hearing room? Any


MR. MCCALL:Mr. Chairman, I move that the Board issue

an Order to approve the addition of Tavis Scales to thePennsylvania Gaming Control Board Involuntary ExclusionList as described by the OEC.

MR. MCNALLY:Second.CHAIRMAN:

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MR. CHAIRMAN:Opposed? The motion carries.ATTORNEY PITRE:That concludes our business.CHAIRMAN:Thank you both. Ladies and gentlemen,

that concludes today's meeting. Our next scheduledpublic meeting will be on Wednesday, May 15th in thisroom, at 10:00 a.m. Any final comments from the Board?Ex-Officios? May I have a motion to adjourn?

MR. MCNALLY:I move that we adjourn, Your Honor.CHAIRMAN:Second?MR. MOSCATO:Second.CHAIRMAN:Meeting is adjourned. Thank you, ladies

and gentlemen.* * * * * * * *

MEETING ADJOURNED AT 11:50 A.M.* * * * * * * *

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CERTIFICATE

I hereby certify that the foregoing proceedings,hearing held before Chairman Ryan, was reported by meon 4/23/2013 and that I, Jolynn C. Prunoske read thistranscript and that I attest that this transcript is atrue and accurate record of the proceeding.

1 BEFORE THE COMMONWEALTH OF PENNSYLVANIA...

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Transcript of 1 BEFORE THE COMMONWEALTH OF PENNSYLVANIA...