3772-9-09 Removal of electronic gaming equipment from the casino facility's gaming floor.  

  • Text Box: ACTION: Withdraw Proposed Text Box: DATE: 06/23/2016 4:25 PM

     

     

     

    Rule Summary and Fiscal Analysis (Part A)

     

    Ohio Casino Control Commission

    Agency Name

     

    Michelle Siba

    Division                                                                  Contact

     

    10 W. Broad St. 6th floor Columbus OH 43215-0000 614-387-0485

    Agency Mailing Address (Plus Zip)                                       Phone                     Fax

     

    michelle.siba@ohiocasinocontrol.ohio.gov

    Email

     

     

     

    3772-9-09

    Rule Number

    AMENDMENT

    TYPE of rule filing

    Rule Title/Tag Line              Removal  of  electronic  gaming  equipment  from  the  casino

    facility's gaming floor.

    RULE SUMMARY

    1.  Is the rule being filed for five year review (FYR)? No

    2.  Are you proposing this rule as a result of recent legislation? No

    3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

    4.  Statute(s) authorizing agency to adopt the rule: 3772.03

    5.  Statute(s) the rule, as filed, amplifies or implements: 3772.03

    6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

    The purpose of this amendment is to allow the casino operators greater flexibility in simply moving machines on the floor while still requiring notification of movement to and from the casino gaming floor. Further, the specificity in log requirements will streamline Commission audits and help ensure compliance.

    7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE,

    then summarize the content of the rule:

    Presently, this rule mandates casino operators to follow certain requirements when removing electronic gaming equipment from the casino floor, including Commission notification and logging the removal. This amendment changes the notification requirement by stating that the casino must also obtain written approval from the Commission before removing or installing electronic gaming equipment, which reflects present practice under Ohio Adm. Code 3772-9-08. Further, the rule amendment adds specificity to the log required to be kept and moves the machine seal requirement, discussed in Ohio Adm. Code 3772-9-02, into this rule.

    8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

    121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

    This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

    9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

    This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

    10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

    Not Applicable.

    11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so. If applicable, indicate each specific paragraph of the rule that has been modified:

    Not Applicable.

    12.  Five Year Review (FYR) Date: 5/19/2017

    (If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

    NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

    FISCAL ANALYSIS

    13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

    This will have no impact on revenues or expenditures. 0

    N/A

    14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

    N/A

    15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

    Once again, the changes in this rule are largely housekeeping and contain existing requirements that have been removed from other rules and placed here.

    Specifically, the log requirement previously found in Ohio Adm. Code 3772-9-02 can now be found here. The rule is being renamed #Installation or removal of electronic gaming equipment,# and combines all relevant procedures previously found throughout Chapter 9, reducing redundancy. One substantive change is the elimination of notification to the Commission if a casino chooses to move electronic gaming equipment on the floor, which reduces a burden on the casino operators. As such, the Commission does not anticipate any negative economic impact to the regulated community because the amendment does not impose any new restrictions. Rather, it clarifies existing language and more accurately reflects the Commission#s interpretation and expectation.

    16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

    17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No

    S.B. 2 (129th General Assembly) Questions

    18.  Has this rule been filed with the Common Sense Initiative Office pursuant to

    R.C. 121.82? Yes

    19.  Specific to this rule, answer the following:

    A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? Yes

    Pursuant to R.C. 3772.08, casino gaming shall only be conducted by licensed casino operators (governed by R.C. 3772.11, 3772.111, and Ohio Adm. Code 3772-4) or by a licensed management company (governed by R.C.

    3772.11,3772.111, and Ohio Adm. Code 3772-4) retained by a licensed casino operator. Further, all electronic gaming equipment must be supplied by a licensed gaming-related vendor, pursuant to R.C. 3772.12, 3772.121 and Ohio Adm. Code 3772-6).

    B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? No

    C.) Does this rule require specific expenditures or the report of information as a condition of compliance? Yes

    Although the rule, in its entirety, does require the report of information as a

    condition of compliance, the purpose of this amendment is to reduce the amount of information that must be provided. The amendment eliminates an unnecessary filing requirement, streamlines the casino operators# reporting requirements, and reduces the burden to comply with additional regulations. Therefore, there is no adverse impact on business or added cost of compliance related to this amendment; if anything, it positively impacts the regulated community.