1207 - Regulatory authority of board.

     § 1207.  Regulatory authority of board.        The board shall have the power and its duties shall be to:            (1)  Deny, deny the renewal, revoke, condition or suspend        any license or permit provided for in this part if the board        finds in its sole discretion that a licensee or permittee        under this part, or its officers, employees or agents, have        furnished false or misleading information to the board or        failed to comply with the provisions of this part or the        rules and regulations of the board and that it would be in        the public interest to deny, deny the renewal, revoke,        condition or suspend the license or permit.            (2)  Restrict access to confidential information in the        possession of the board which has been obtained under this        part and ensure that the confidentiality of information is        maintained and protected. Records shall be retained by the        board for seven years.            (3)  Prescribe and require periodic financial reporting        and internal control requirements for all licensed entities.            (4)  Require that each licensed entity provide to the        board its audited annual financial statements, with such        additional detail as the board from time to time shall        require, which information shall be submitted not later than        90 days after the end of the licensee's fiscal year.            (5)  Prescribe the procedures to be followed by slot        machine licensees for any financial event that occurs in the        operation and play of slot machines or table games.            (6)  Prescribe criteria and conditions for the operation        of slot machine progressive systems. A wide area progressive        slot system shall be collectively administered by        participating slot machine licensees in accordance with the        terms of a written agreement executed by each participating        slot machine licensee and approved by the board.            (7)  Enforce prescribed hours for the operation of slot        machines so that slot machine licensees may operate slot        machines on any day during the year in order to meet the        needs of patrons or to meet competition.            (7.1)  Enforce prescribed hours for the operation of        table games so that a certificate holder may conduct table        games on any day during the year in order to meet the needs        of patrons or to meet competition.            (8)  Require that each licensed gaming entity prohibit        persons under 21 years of age from operating or using slot        machines or playing table games.            (9)  Establish procedures for the inspection and        certification of compliance of each slot machine, table game,        table game device and associated equipment prior to being        placed into use by a slot machine licensee.            (10)  Require that no slot machine may be set to pay out        less than the theoretical payout percentage, which shall be        no less than 85%, as specifically approved by the board. The        board shall adopt regulations that define the theoretical        payout percentage of a slot machine game based on the total        value of the jackpots expected to be paid by a play or a slot        machine game divided by the total value of slot machine        wagers expected to be made on that play or slot machine game        during the same portion of the game cycle. In so doing, the        board shall decide whether the calculation shall include the        entire cycle of a slot machine game or any portion thereof.            (11)  Require each slot machine license applicant to        provide detailed site plans of its proposed licensed facility        which shall be reviewed and approved by the board for the        purpose of determining the adequacy of the proposed security        and surveillance measures inside and outside the facility.        Applicants will cooperate with the board in making changes to        the plans suggested by the board and will ensure that the        plans as modified and approved are implemented.            (12)  Upon request, provide background investigation        reports of applicants for licenses and permits for use at        racetracks to the State Horse Racing Commission and the State        Harness Racing Commission.            (13)  Require slot machine licensees to provide onsite        facilities for use by the board and other appropriate persons        for the purpose of carrying out their respective        responsibilities under this part.            (14)  Consult with members of the Pennsylvania State        Police, the Office of Attorney General, the department and        such other persons it deems necessary for advice regarding        the various aspects of the powers and duties imposed on it        under this part and its jurisdiction over the authorization,        operation and play of slot machines, table games and licensed        facilities.            (15)  Enter into contracts with any person for the        purposes of carrying out the powers and duties of the board        under this part.            (16)  Require each slot machine licensee to sell        Pennsylvania State Lottery tickets at its licensed facility        at a location as near as practicable to the pay windows.            (17)  Permit, in its discretion and upon application or        petition, the use of a temporary facility within which slot        machines and table games may be available for play or        operation at a licensed facility, for a period not to exceed        24 months, provided that, upon good cause shown, the board        may extend permission to operate a temporary facility for an        additional 24-month period.            (18)  (Reserved).            (19)  Authorize an employee of the board to approve, deny        or condition a request to decrease the number of slot        machines in operation at a licensed facility. An employee may        not approve a requested decrease in the number of slot        machines under this paragraph if the requested decrease        exceeds 2% of the total number of slot machines in operation        at a licensed facility. Except as provided under paragraph        (20), at no time shall the number of slot machines in        operation at a Category 1 or Category 2 licensed facility be        less than 1,500 or less than 250 slot machines at a Category        3 licensed facility.            (20)  Approve or authorize an employee of the board to        approve a temporary reduction in the number of slot machines        in operation at a licensed facility under the following        circumstances:                (i)  For the duration of any renovation, remodeling            or modification of an area of a licensed facility where            slot machines are located.                (ii)  To enable the licensed facility to respond to            an emergency.            (21)  Authorize, in its discretion, a slot machine        licensee to conduct slot machine tournaments and adopt        regulations governing the conduct of such tournaments.     (Nov. 1, 2006, P.L.1243, No.135, eff. imd.; Jan. 7, 2010, P.L.1,     No.1, eff. imd.)        2010 Amendment.  Act 1 amended pars. (4), (5), (8), (9), (14)     and (17) and added pars. (7.1), (18), (19), (20) and (21).        2006 Amendment.  Act 135 amended par. (6).        Cross References.  Section 1207 is referred to in sections     1103, 13A02 of this title.