Definitions, Cardroom Games, Notification in Writing, Card-Play Hands, Dealer Responsibilities, Prohibitions, Inspection of Premises, Records, Cardroom Operator License, Cardroom Employee Occupational License and Pari-Mutuel/Cardroom Combination ...
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Pari-Mutuel Wagering
RULE NOS.:RULE TITLES:
61D-11.001Definitions
61D-11.002Cardroom Games
61D-11.0021Cardroom Game Submissions
61D-11.0025Notification in Writing
61D-11.003Card-Play Hands
61D-11.004Dealer Responsibilities
61D-11.005Prohibitions
61D-11.006Inspection of Premises, Records
61D-11.007Cardroom Operator License
61D-11.009Cardroom Employee Occupational License and Pari-Mutuel/Cardroom Combination License
61D-11.012Duties of Cardroom Operators
61D-11.013Display of Identification and Possession of Occupational Licenses
61D-11.014Cards
61D-11.0175Cardroom Drop, Count Rooms, and Count Procedures
61D-11.018Reporting Requirements to Determine Net Proceeds or Gross Revenues
61D-11.019Internal Controls
61D-11.025Cardroom Electronic Surveillance
61D-11.0275Tournaments
61D-11.0279Jackpots, Prizes, and Giveaways
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 41 No. 211, October 29, 2015 issue of the Florida Administrative Register.
Pursuant to section 849.086(13), F.S., the reports filed in subsection 61D-11.018(2), F.A.C. must be made under oath. Therefore the statement at the bottom of Form DBPR PMW-3640 will be updated to the following oath:
I swear or affirm that the information provided in this report is true and complete. I understand that knowingly providing false information on this report could subject the signatory to criminal penalties relating to perjury or other offenses.
Pursuant to section 92.50, F.S., an oath must be signed before an officer authorized to administer oaths. An area for notarization has been added to the form.
Updated Text of Proposed Rule:
61D-11.001 Definitions.
No change.
Rulemaking Authority 550.0251(12), 849.086(4), (11) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 5-9-04, 9-7-08, 7-21-14, .
61D-11.002 Cardroom Games.
No change.
Rulemaking Authority 550.0251(12), 849.086(4), (11) FS. Law Implemented 550.0251(6), 849.086(4) FS. History–New 1-7-97, Amended 5-9-04, 4-12-06, 9-7-08, 7-21-14, .
61D-11.0021 Cardroom Game Submissions
(1) No change.
(a) No change.
(b) A description of the type of table utilized in the game which includes, the shape, and any markings or writing pertaining to the playing of the game to be made on the table felt;
(c) through (e) No change.
(f) Betting scheme and all possible rules for wagers;
(g) through (j) No change.
(2) through (3) No change.
Rulemaking Authority 550.0251(12), 849.086(4),(11)FS. Law Implemented 849.086 FS. History – New .
61D-11.0025 Notification in Writing.
Rulemaking Authority 849.086(4) FS. Law Implemented 849.086 FS. History–New 9-7-08, Repealed .
61D-11.003 Card-Play Hands.
(1) Before a card game may be played, the dealer must ensure shuffle the cards have been shuffled.
(2) through (4) No change.
Rulemaking Authority 550.0251(12), 849.086(4) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 9-7-08, 7-21-14, .
61D-11.004 Dealer Responsibilities.
(1) through (8)(c) No change.
(d) Inspect both sides of each card by spreading the deck of cards in front of the imprest tray so that each card can be identified by surveillance.
Rulemaking Authority 550.0251(12), 849.086(4) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 5-9-04, 9-7-08, 7-21-14, .
61D-11.005 Prohibitions.
(1) through (8) No change.
(9) Player banked games, established by the house, are prohibited.
(9)(10) A cardroom operator shall not award a giveaway, jackpot, or prize from the jackpot pool in combination with any other eligibility requirements or outcome other than a specified combination of cards pursuant to section 849.086(7)(d), F.S.
(10)(11) If the division has reasonable cause to believe that any person at a licensed facility has acted or is acting in one of the following manners it may exclude the person from any facility:
(a) through (c) No change.
Rulemaking Authority 550.0251(12), 849.086(4) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 5-9-04, 9-7-08, 7-21-14, .
61D-11.006 Inspection of Premises, Records.
No change.
Rulemaking Authority 550.0251(12), 849.086(4) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 5-9-04, 9-7-08, 7-21-14, .
61D-11.007 Cardroom Operator License.
(1) No change.
(2) An applicant for an annual cardroom license shall complete Form DBPR PMW-3160, Permitholder Application for Annual License to Operate a Cardroom, effective 7-21-14, incorporated incoporated adopted herein by reference, https://www.flrules.org/gateway/reference.asp?No=Ref-04395, which can be obtained at www.myfloridalicense.com/dbpr/pmw or by contacting the Division of Pari-Mutuel Wagering at 1940 North Monroe Street, Tallahassee, Florida 32399-1035, and submit a fee of $1,000.00 for each table to be operated during the license period. For cardroom facilities at which more than one pari-mutuel permit is operated during a year, table fees for the facility may be paid by one or all of the permitholders. License fees are non-refundable. For the initial cardroom license application, in addition to the application and fees submitted, the applicant shall submit its written internal controls, required by Rule 61D-11.019, F.A.C., for approval by the division, and proof of authorization by a local government pursuant to Section 849.086(16), F.S.
(3) through (4) No change.
Rulemaking Authority 550.0251(12), 849.086(4), (5), (11) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 5-9-04, 4-12-06, 9-7-08, 7-21-14, .
61D-11.009 Cardroom Employee Occupational License and Pari-Mutuel/Cardroom Combination License.
(1) through (6) No change.
(7) All cardroom employee occupational licensees shall wear their photo identification, issued pursuant purusant to subsection 61D-11.012(9), F.A.C., while on duty. A cardroom employee shall not attempt to hide his or her photo identification from any patron or from surveillance cameras.
(8) Cardroom occupational licensees may have the option to only wear a facility factility issued photo identification card if the employee has the cardroom employee occupational license on their person preson at all times.
Rulemaking Authority 550.0251(12), 550.105(2)(b), 849.086(4)(a), (6)(d), (f) FS. Law Implemented 849.086(6) FS. History–New 1-7-97, Amended 5-9-04, 3-4-07, 9-7-08, 7-21-14, .
61D-11.012 Duties of Cardroom Operators.
(1) Cardroom operators shall maintain a roster of all persons a cardroom employees operator employs. A cardroom operator shall also maintain a weekly listing of all cardroom employees who worked during each week. The list of persons shall include for each employee:
(a) through (c) No change.
(2) through(7) No change.
(8) Cardroom operators shall establish, and list in their internal controls, security controls that limit access into the cashiers’ cage(s), count room, vault, and surveillance room. This list shall include a the position titles of all employees who have access to these areas. A current list of employees, including full names and license numbers, authorized to enter each secure area and shall be posted on the inside door of the entrance to each specific area, in the security office, and in the surveillance room at all times.
(9) through (15) No change.
(16) A cardroom operator shall notify the division, office of investigations, of each person it refuses entry into its cardroom for a period of 30 days, other than self exclusions, or longer pursuant to Section 849.086(7)(g), F.S., which shall include the:
(a) through (d) No change.
(17) No change.
Rulemaking Authority 550.0251(12), 849.086(4), (11) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 5-9-04, 4-12-06, 9-7-08, 7-21-14, .
61D-11.013 Display of Identification and Possession of Occupational Licenses.
Rulemaking Authority 550.0251(12), 849.086(4), (6) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 9-7-08, 7-21-14;
Repealed, .
61D-11.014 Cards.
(1) through (3) No change.
(4) No change.
(a) Any card that is taped, cut, shaved, marked, defaced, bent, crimped or deformed in any fashion that may permit covert identification of the card during the course of play must be withdrawn from play. Each time a card is determined to be damaged as described in this section, the entire deck shall be withdrawn from play and replaced with a new deck after that new deck is thoroughly inspected under the requirements of this rule.
(b) through (d) No change.
(5) No change.
Rulemaking Authority 550.0251(12), 849.086(4) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 9-7-08, 7-21-14, .
61D-11.0175 Cardroom Drop, Count Rooms, and Count Procedures.
(1) through (3) No change.
(4) No change.
(a) Reinforced doors equipped with locks and a device that audibly signals the surveillance monitoring room and the security department whenever a door is opened. All count room doors must remain locked except to allow entrance by authorized individuals as listed on the inside of the count room door pursuant to subsection 61D-11.012(8) 11.012(8), F.A.C.
(b) through (e) No change.
(5) through (8) No change.
Rulemaking Authority 550.0251(12), 849.086(4), (11) FS. Law Implemented 849.086 FS. History–New 9-7-08, Amended 7-21-14, .
61D-11.018 Reporting Requirements to Determine Net Proceeds or Gross Revenues.
(1) No change.
(2) For each license operated, cardroom operators shall file a separate Form DBPR PMW-3640, Cardroom Monthly Remittance Report, effective and incorporated herein by reference, which can be obtained at https://www.flrules.org/gateway/reference.asp?no=Ref , which can be obtained at www.myfloridalicense.com/dbpr/pmw or by contacting the Division of Pari-Mutuel Wagering at 1940 North Monroe Street, Tallahassee, Florida 32399-1035 adopted and incorporated by Rule 61D-12.001, F.A.C., with the division by the fifth day of each month for the preceding month’s cardroom activity.
Rulemaking Authority 550.0251(12), 849.086(4), (11) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 4-12-06, 9-7-08, .
61D-11.019 Internal Controls.
No change.
Rulemaking Authority 550.0251(12), 849.086(4), (11) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 9-7-08, 7-21-14, .
61D-11.025 Cardroom Electronic Surveillance.
(1) No change.
(2) No change.
(a) No change.
1. The conduct and operation of card and domino tables, with coverage to view and identify wager amounts, card or domino values, and card suits accurately;
2. through 5. No change.
(b) No change.
(3) through (21) No change.
Rulemaking Authority 550.0251(12), 849.086(4), (11) FS. Law Implemented 849.086 FS. History–New 10-21-97, Amended 9-7-08, 7-21-14, .
61D-11.0275 Tournaments.
(1) through (3) No change.
(4)No change.
(a) through (b) No change.
(c) The names of all tournament prize winners. Additionally, if a player’s tournament winnings meet applicable IRS reporting thresholds, the cardroom operator shall maintain all information informaition required by the IRS for that player; and
(d) No change.
(5) through (6) No change.
Rulemaking Authority 550.0251(12), 849.086(4), (11) FS. Law Implemented 849.086 FS. History–New 9-7-08, Amended 7-21-14, .
61D-11.0279 Jackpots, Prizes, and Giveaways.
(1) No change.
(a) Conspicuously post in the cardroom the rules of the jackpots, prizes and giveaways offered, including which specified specific combination of cards is a winner, the amount to be awarded, and all details regarding seeding the jackpot pool;
(b) through (e) No change.
(2) No change.
(3) No change.
(a) No change.
(b) Maintain a record of all award recipients’ names recipients name’s. Additionally, if the amount of a player’s award meets applicable IRS reporting thresholds, the cardroom operator shall maintain all information required by the IRS for the player.
(4) through (8) No change.
Rulemaking Authority 550.0251(12), 849.086(4), (11) FS. Law Implemented 849.086 FS. History–New 9-7-08, Amended 7-21-14, .
