16- 633 C.M.R. ch. 2, § 6

Current through 2024-51, December 18, 2024

Section 633-2-6 - Application - Employees

1. An applicant for an employee license pursuant to 8 M.R.S.A. §1015 shall submit a license application on a form approved and supplied by the Board.

2. The application, as well as other documents submitted to the Board by or on behalf of the applicant for purposes of determining the qualifications of the applicant, shall be sworn to or affirmed before a notary public. If any form or document is signed by an attorney for the applicant, the signature shall certify that the attorney has read the forms or documents and that, to the best of his or her knowledge, information and belief, based on diligent inquiry, the contents of the form or documents so supplied are true.

3. To the extent, if any, that information of a material nature in the application or the supplemental information provided by the applicant becomes outdated, inaccurate or incomplete, the applicant shall notify the Board in writing as soon as it is aware that the information is outdated, inaccurate or incomplete, and shall at that time supply the information necessary to make the application or supplementary information current, accurate and complete.

4. The applicant shall cooperate fully with the Board and the Department in any background investigation of the applicant.

5. A waiver may be granted in lieu of an employee license pursuant to 8 M.R.S.A. §1015. A licensed or applicant Slot Machine Operator, Casino Operator, Slot Machine Distributor, Table Game Distributor, or Gambling Services Vendor may apply for a waiver of the licensing requirement for one or more employees pursuant to 8 M.R.S.A. §1015(3). Such application must be in writing and document facts sufficient to demonstrate that the public interest is not served by licensing requirement. The Board shall consider the extent to which the employee has access to slot machine equipment, table game equipment, proceeds from slot machine activity or table game activity; or is engaged in security or surveillance at the slot machine facility or casino; or is engaged in other activities directly related to the gambling activity or proceeds. An employee's access or activity in these areas is an indication that the public interest would not be served by granting the requested waiver. The following duties are examples of duties that fall under the categories that would not qualify for waiver.

A. Perform, under the supervision of an audit department executive, the duties and responsibilities of the internal audit department, including, without limitation, the supervision of personnel in the internal audit department; the monitoring of compliance with regulations and internal controls; and the evaluation of the adequacy of accounting and administrative controls;

B. Perform, under the supervision of a controller, the duties and responsibilities of the accounting department including, without limitation, the supervision of personnel in the accounting department; overseeing the review, verification and recordation of revenue journal entries; and the processing or control of active accounting documents related to gaming activity;

C. Have access to active accounting documents related to gaming activity;

D. Conduct surveillance investigations and operations;

E. Repair and maintain slot machines, table games, associated equipment and bill changers;

F. Assist in the operation of slot machines, table games and bill changers, including, without limitation, persons who participate in manual jackpot payouts and fill payout reserve containers, or supervise such persons;

G. Identify patrons or groups of patrons to receive complimentaries based on actual patron play, authorize such complimentaries or determine the amount of such complimentaries;

H. Analyze slot machine operations or casino operations data and make recommendations relating to, without limitation, marketing, complimentaries, gaming, special events, promotions and player ratings;

I. Enter data in gaming-related computer systems or develop, maintain, install or operate gaming-related computer software systems;

J. Collect and record patron checks and personal checks which are dishonored and returned by a bank;

K. Develop marketing programs to promote slot machine operations or casino operations, including, without limitation, coupon redemption and other complimentary distribution programs;

L. Distribute, redeem, account for, inventory, or assign for distribution complimentary coupons;

M. Process currency or cash equivalents;

N. Repair or maintain the closed circuit television system equipment of the Slot Machine Facility or Casino;

O. Currently training to become a surveillance employee;

P. Provide physical security on the floor of the gambling facility or in a restricted area of the gambling facility;

Q. Control and maintain the slot machine and table game inventory, including replacement parts, equipment and tools used to maintain slot machines and table games;

R. Repair and maintain slot machines and bill changers;

S. Perform as the secretary to the supervisor of the surveillance department, internal audit department, accounting department or credit department;

T. Repair gaming equipment other than slot machines;

U. Perform responsibilities associated with the installation, maintenance or operation of computer hardware for racino computer systems;

V. Recruit customers as part of Junket Services performed for the Slot Machine Operator or Casino Operator;

W. Supervise, at a casino or slot facility, a person required to possess an employee license.

6. Examples of job duties that are likely to qualify for a license waiver are food service workers, parking attendants and other employees not related to gambling activities.

7. Should the status of a waived employee change to that of an individual subject to licensing, the Board shall be notified and the individual shall submit a license application.

8. Upon application of a person licensed in another state, the Board or its Director may issue a temporary license to that person for purposes of testing or setting up slot machines, table games, or associated equipment. A temporary license will be value for 30 calendar days from the date on which it is issued.

16- 633 C.M.R. ch. 2, § 6