Current through Register Vol. 55, No. 1, January 4, 2025
Section 439a.5 - Gaming junket representative general requirements(a) An individual may not act as a gaming junket representative in connection with a gaming junket to a licensed facility unless the individual has obtained an occupation permit under § 435a.3 (relating to occupation permit) and is employed by a gaming junket enterprise that is licensed by the Board.(b) A gaming junket representative may be employed by only one gaming junket enterprise at a time.(c) An individual who is employed by a slot machine licensee and holds a valid occupation permit may act as a gaming junket representative. Board staff will evaluate all of the following indicia of employment to determine if an individual is a bona fide employee of a slot machine licensee versus an employee of a gaming junket enterprise: (1) The individual receives a W-2 Form, wage and tax statement, from the slot machine licensee.(2) The slot machine licensee has the right to control or direct what work shall be done and how it shall be performed.(3) The individual is reimbursed by the slot machine licensee for business expenses incurred on behalf of the licensee.(4) The individual participates in or receives benefits from the slot machine licensee such as insurance, pension plan, vacation pay or sick pay.(d) An individual may not be considered an employee of a slot machine licensee but shall be considered an employee of a gaming junket enterprise if one of the following conditions is met: (1) The individual receives an IRS Form 1099, miscellaneous income form, from the slot machine licensee.(2) The individual is licensed or otherwise credentialed in another gaming jurisdiction as a junket enterprise/organizer or provides the same or similar services to gaming facilities in other markets.(3) The individual receive compensation for services through the junket enterprise.(4) The individual exhibits other indicia of genuine employment with a gaming junket enterprise, including Federal and State taxation withholdings.The provisions of this § 439a.5 amended May 13, 2011, effective 5/14/2011, 41 Pa.B. 2439; amended November 1, 2019, effective 11/2/2019, 49 Pa.B. 6676.The provisions of this § 439a.5 amended under the Pennsylvania Race Horse Development and Gaming Act, 4 Pa.C.S. §§ 1202(b)(30), 1322, 13A 02(1) and (2), 13A27, 1602, 1604, 1608 and Chapter 16.
This section cited in 58 Pa. Code § 439a.2 (relating to gaming junket enterprise general requirements; participation in a gamin junket).