Chapter 3772-9 Electronic Gaming Equipment

3772-9-01 Definitions.

The following words and terms, when used in this chapter, shall have the following meanings unless the context indicates otherwise:

(A) "Activated voucher feature" means a feature activated at the slot machine that enables the slot machine to print a gaming voucher redeemable for cash or credits when a patron collects an amount on the slot machine's credit meter and may also enable the slot machine to accept gaming vouchers for wagering.

(B) "Electronic gaming equipment" means all of the following:

(1) Slot machines;

(2) Mechanical, electromechanical or electronic table games;

(3) Any computer systems used in connection with casino gaming, including slot accounting systems, that the commission determines needs to be tested to ensure the integrity of casino gaming;

(4) Redemption kiosks; and

(5) Any other device, software, hardware or other technology that the commission determines may affect the integrity of casino gaming in Ohio.

(C) "Redemption kiosk" means any device that validates and exchanges redeemable vouchers issued from electronic gaming equipment for cash or to provide cash for payment of electronic gaming equipment transactions requiring a manual payout.

Cite as Ohio Admin. Code 3772-9-01

Five Year Review (FYR) Dates: 04/21/2017 and 04/21/2022
Promulgated Under: 119.03
Statutory Authority: 3772.03
Rule Amplifies: 3772.01, 3772.03
Prior Effective Dates: 4-1-12, 10-1-16

3772-9-02 Approval for use in a casino facility.

(A) A casino operator, management company or holding company shall not install, maintain, use or operate any slot machine or other electronic gaming equipment in this state unless such machine or equipment has been approved by the commission and meets the standards in the appendix to this rule.

(B) No casino operator, management company or holding company may use any of the following for casino gaming before the commission authorizes their inclusion in the commission's database of approved items and technologies:

(1) Slot machines and any component parts material to casino gaming activity including, but not limited to, random number generators, all game media, progressive controllers, bill changers and/or bill validators;

(2) Mechanical or electromechanical devices used with live table games and electronic table games including, but not limited to, items using radio frequency identification technology, shuffling devices, and/or progressive controllers;

(3) System-to-system, game-to-system or intra-device communication software, or any equivalent thereof, used in the conduct or monitoring of casino gaming activity, including, but not limited to, accounting systems, promotional systems, bonusing systems, and player tracking systems, except for systems used solely for marketing purposes;

(4) Electromechanical devices used to account for casino gaming assets, including, but not limited to, kiosks capable of distributing or collecting cashless wagering instruments or credits, or both, ticket validation equipment, currency counters and/or chip sorters; and

(5) Any other device, software, hardware or other technology that the commission determines may affect the integrity of casino gaming in this state.

(C) A casino operator, management company or holding company intending to use any device, software, hardware or other technology that is described in paragraph (B) of this rule but that does not appear in the commission's database must seek the commission's approval by requesting, in writing, inclusion of such device, software, hardware or other technology and must identify the following information with specificity:

(1) The device, software, hardware or other technology for which approval is sought;

(2) The gaming-related vendor licensee or applicant that will supply the device, software, hardware or other technology;

(3) The certified independent testing laboratory chosen to scientifically test and technically evaluate the device, software, hardware or other technology;

(4) The date or dates on which the device, software, hardware or other technology was or is expected to be submitted to the certified independent testing laboratory for scientific testing and technical evaluation; and

(5) The results of the scientific testing and technical evaluation performed on the device, software, hardware or other technology by the certified independent testing laboratory.

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Cite as Ohio Admin. Code 3772-9-02

Effective: 11/26/2016
Five Year Review (FYR) Dates: 07/04/2019
Promulgated Under: 119.03
Statutory Authority: 3772.03
Rule Amplifies: 3772.03 , 3772.31
Prior Effective Dates: 4/1/12; 12/21/13; 7/4/14

3772-9-03 Testing.

(A) To be eligible for approval and inclusion in the commission's database described in rule 3772-9-02 of the Administrative Code, a gaming-related vendor of any device, software, hardware, or other technology must submit the device, software, hardware or other technology for scientific testing and technical evaluation by a certified independent testing laboratory to determine compliance with Chapter 3772. of the Revised Code and the rules adopted thereunder.

(B) A gaming-related vendor seeking commission approval and inclusion in the commission's database described in rule 3772-9-02 of the Administrative Code of any device, software, hardware, or other technology must comply with the following:

(1) Submit a written request to a certified independent testing laboratory that, at a minimum, specifically references the scientific testing and technical evaluation necessary under Chapter 3772. of the Revised Code and the rules adopted thereunder, as well as identifies the particular device, software, hardware, or other technology at issue;

(2) Submit all necessary items and information to the certified independent testing laboratory;

(3) Pay all costs associated with the scientific testing and technical evaluation performed by the certified independent testing laboratory;

(4) Engage no more than one certified independent testing laboratory to perform scientific testing and technical evaluation of any particular device, version of software, hardware or other technology to be used in this state without prior written authorization from the commission; and

(5) Submit any items or information pertaining to the device, software, hardware, or other technology to the commission, if requested.

(C) No device, software, hardware, or other technology will be included in the commission's database unless the certified independent testing laboratory concludes that the item at issue complies with Chapter 3772. of the Revised Code and the rules adopted thereunder, and the commission, through the executive director or a designee thereof, approves the certified independent testing laboratory's results.

Cite as Ohio Admin. Code 3772-9-03

Effective: 4/29/2017
Five Year Review (FYR) Dates: 01/27/2017 and 04/29/2022
Promulgated Under: 119.03
Statutory Authority: 3772.03
Rule Amplifies: 3772.03 , 3772.31
Prior Effective Dates: 04/01/2012

3772-9-04 [Rescinded] Testing results.

Cite as Ohio Admin. Code 3772-9-04

Effective: 4/29/2017
Five Year Review (FYR) Dates: 01/27/2017
Promulgated Under: 119.03
Statutory Authority: 3772.03
Rule Amplifies: 3772.03 , 3772.31
Prior Effective Dates: 04/01/2012

3772-9-05 Transportation of electronic gaming machines to and from a casino facility.

(A) As used in this rule, "electronic gaming machine" means any device listed in paragraph (B)(1) or (B)(2) of rule 3772-9-01 of the Administrative Code.

(B) All electronic gaming machines shall only be transported in accordance with this rule.

All casino operators and gaming-related vendors must comply with this rule before any of the following occur:

(1) Electronic gaming machines are transported from any point outside of this state into the state;

(2) Electronic gaming machines are transported from any point within this state to any point outside of the state; or

(3) Electronic gaming machines are transported within this state.

(C) Transportation notification under this rule is not required for the movement of electronic gaming machines on the casino floor or within a casino facility.

(D) Electronic gaming machines may not be delivered to a casino operator unless a member of the commission staff is present at point of delivery. The casino operator is responsible for ensuring that a member of the commission staff is present at the point of delivery.

(E) Prior to the transportation of any electronic gaming machine into, out of, or within this state, the casino operator or gaming-related vendor shall first notify the commission at least seven days in advance, unless otherwise approved by the executive director, or an authorized designee. The notice shall include the following information:

(1) The full name and address of the licensee transporting the electronic gaming machines;

(2) The full name and address of the owner or seller of each electronic gaming machine, if different from the licensee transporting the electronic gaming machines;

(3) The full name and address of any new owner in the event ownership is being changed in conjunction with the transportation;

(4) The method of transportation and the name and address of each common carrier, if applicable;

(5) The full destination address for the electronic gaming machines;

(6) The quantity of electronic gaming machines being shipped to each location;

(7) The manufacturer's serial number of each electronic gaming machine;

(8) The expected date each electronic gaming machine will be transported; and

(9) The expected date of delivery of each electronic gaming machine.

(F) A licensee, prior to the transportation of any electronic gaming machine into, within, or out of this state, shall have the written approval of the executive director or an authorized designee and shall comply with any conditions therein.

(G) At least one copy of the commission-approved notice shall be kept with the electronic gaming machines at all times during the transportation process.

(H) Nothing in this rule shall prohibit the transportation of electronic gaming machines going to different destinations from being transported by the same carrier simultaneously, provided the electronic gaming machines for each destination are physically segregated in a manner approved by the commission and the notice required by this rule clearly distinguishes which machines are being sent to each location.

(I) All electronic gaming machines shall be transported in an inoperable state.

Replaces: 3772-9-05

Cite as Ohio Admin. Code 3772-9-05

Effective: 4/29/2017
Five Year Review (FYR) Dates: 04/29/2022
Promulgated Under: 119.03
Statutory Authority: 3772.03, 3772.033
Rule Amplifies: 3772.03, 3772.29
Prior Effective Dates: 04/01/2012, 12/22/2012, 06/01/2014, 09/26/2015

3772-9-06 Possession and storage of electronic gaming equipment.

(A) The following persons and any employee or agent acting on their behalf may, subject to any terms and conditions imposed by the commission, possess slot machines in this state for the purposes provided herein, provided that machines used for any gaming activity in this state are kept only in such locations as may be specifically approved in writing by the commission and that any machines located outside of a licensed casino facility not be used for gaming activity:

(1) A casino operator, management company, or holding company at a casino facility to conduct casino gaming;

(2) A gaming-related vendor for the purpose of distributing, repairing, or servicing slot machines;

(3) An employee or agent of the commission for the purpose of fulfilling official duties or responsibilities;

(4) A common carrier for the purpose of transporting such slot machines; or

(5) Any other person the commission may approve after finding that possession of slot machines by such person in this state is necessary and appropriate to fulfill the goals and objectives of Chapter 3772. of the Revised Code and the rules adopted thereunder.

(B) Each casino operator, management company, and holding company shall provide the commission with a comprehensive list of all electronic gaming equipment (EGE inventory list), in a format approved by the commission, prior to the commencement of casino gaming. Each casino operator, management company, and holding company shall provide updates to the EGE inventory list as changes occur. The EGE inventory list shall include:

(1) Electronic gaming equipment on the casino floor;

(2) Electronic gaming equipment off the casino floor but on the premises of the casino facility; and

(3) Electronic gaming equipment at locations in this state, but off the premises of the casino facility.

(C) Electronic gaming equipment stored off the casino floor shall:

(1) Be secured and restricted to appropriate personnel as defined in the casino operator's internal controls;

(2) Not contain critical program storage media, unless otherwise approved in writing by the commission;

(3) Not contain locks which correlate to sensitive keys defined in the casino operator's internal controls, unless otherwise approved in writing by the commission; and

(4) Meet any other requirements as deemed appropriate by the commission.

(D) Electronic gaming equipment shall not be stored in locations off the premises of the casino facility unless:

(1) The storage location is located within this state;

(2) All access doors and windows at the storage location are locked and alarmed;

(3) The storage location is approved by the commission; and

(4) The storage facility meets any other requirements as deemed appropriate by the commission.

(E) Critical program storage media shall be stored in a secure location with access restricted to appropriate personnel as defined in the casino operator's internal controls.

Replaces: 3772-9-06

Cite as Ohio Admin. Code 3772-9-06

Effective: 4/29/2017
Five Year Review (FYR) Dates: 04/29/2022
Promulgated Under: 119.03
Statutory Authority: 3772.03
Rule Amplifies: 3772.03
Prior Effective Dates: 04/01/2012

3772-9-07 Transportation of electronic gaming equipment to and from a certified independent testing laboratory located in this state.

(A) A certified independent testing laboratory located in this state may, solely for the purpose of conducting or otherwise providing scientific testing or technical evaluation, directly receive from and ship to a gaming-related vendor any electronic gaming equipment and any device, software, hardware, or other technology necessary for conducting or otherwise providing such testing and evaluation without being subject to the requirements contained in rules 3772-9-05 and 3772-9-06 of the Administrative Code.

(B) Except as otherwise provided, nothing in this rule shall be construed as exempting a certified independent testing laboratory located in this state; a casino operator, management company or holding company ; or a gaming-related vendor from complying with Chapters 2915., 3769., 3770., and 3772. of the Revised Code or any rules adopted thereunder.

Cite as Ohio Admin. Code 3772-9-07

Effective: 4/29/2017
Five Year Review (FYR) Dates: 01/27/2017 and 04/29/2022
Promulgated Under: 119.03
Statutory Authority: 3772.03
Rule Amplifies: 3772.03 , 3772.31
Prior Effective Dates: 03/31/2012

3772-9-08 Movement of electronic gaming equipment within a casino facility.

(A) A casino operator shall maintain a log of all movements, installation, and removal of electronic gaming equipment. The log shall include, but is not limited to:

(1) The electronic gaming equipment manufacturer's serial number;

(2) The electronic gaming equipment's asset number;

(3) The date and time of movement of the equipment;

(4) The location from which the equipment was moved; and

(5) The location to which the equipment was moved;

(B) All required logs shall be maintained in accordance with the record retention requirements contained in rule 3772-1-07 of the Administrative Code.

Cite as Ohio Admin. Code 3772-9-08

Effective: 5/27/2017
Five Year Review (FYR) Dates: 10/01/2021
Promulgated Under: 119.03
Statutory Authority: 3772.03
Rule Amplifies: 3772.03
Prior Effective Dates: 5/19/12, 6/1/14, 10/1/16

3772-9-09 Installation or removal of electronic gaming equipment.

(A) A casino operator shall obtain written approval from the executive director of the commission, or the executive director's designee, before installing or removing electronic gaming equipment from the gaming floor.

(B) Access within the secure area of electronic gaming equipment for the purpose of installation or removal shall be logged, except for access associated with the scheduled removal of the equipment's bill validator canister. The log shall include, but is not limited to:

(1) The electronic gaming equipment manufacturer's serial number;

(2) The electronic gaming equipment's asset number;

(3) Name of the employee who opened the secure area;

(4) Gaming license number of the employee who opened the secure area;

(5) Date and time of entry; and

(6) The reason for entry.

(C) Critical program storage media shall be verified and sealed by a commission employee before any electronic gaming equipment is placed into service at a casino facility, unless otherwise approved by the executive director of the commission or the executive director's designee.

(D) The following must occur before removing electronic gaming equipment from the gaming floor:

(1) The commission seal must be removed, unless otherwise approved by the executive director of the commission or the executive director's designee. Seals may only be removed by a commission employee;

(2) The equipment's bill validator canister is removed and transported to the count room;

(3) All meters are read and recorded in conformity with the casino operator's internal control standards; and

(4) Any credits, cashable or non-cashable, remaining on the equipment are removed in accordance with the casino operator's internal control standards.

(E) All required logs shall be maintained in accordance with the record retention requirements contained in rule 3772-1-07 of the Administrative Code.

Cite as Ohio Admin. Code 3772-9-09

Effective: 5/27/2017
Five Year Review (FYR) Dates: 10/01/2021
Promulgated Under: 119.03
Statutory Authority: 3772.03
Rule Amplifies: 3772.03 , 3772.18
Prior Effective Dates: 5/19/2012, 10/1/2016

3772-9-10 Electronic gaming equipment maintenance, repair or other servicing standards.

(A) Electronic gaming equipment may not be placed into operation at a casino facility unless the equipment is in a suitable operating condition.

(B) Critical program storage media shall be verified and sealed by a commission employee before any electronic gaming equipment is placed into operation at a casino facility, unless otherwise approved by the executive director of the commission or the executive director's designee.

(C) A casino operator shall notify the commission about, and remove from operation, any electronic gaming equipment that becomes unsuitable for operation at a casino facility due to an unexplainable malfunction. The electronic gaming equipment shall remain out of operation until a report is provided to the commission detailing the issue with the equipment and describing how it was resolved..

(D) Any maintenance, repair or other type of servicing of electronic gaming equipment that is to be or has been placed into operation at a casino facility must occur in a secure location approved by the commission.

(E) Access within the secure area of electronic gaming equipment for the purpose of maintenance, repair, or other service shall be logged, except for access associated with the scheduled removal of the equipment's bill validator canister. The log shall include, but is not limited to:

(1) The electronic gaming equipment manufacturer's serial number;

(2) The electronic gaming equipment's asset number;

(3) Name of the employee who opened the secure area;

(4) Gaming license number of the employee who opened the secure area;

(5) Date and time of entry; and

(6) The reason for entry.

(F) A casino operator shall maintain a log of electronic gaming equipment undergoing any maintenance, repair or other type of servicing. The log shall include, but is not limited to:

(1) Name of the person(s) involved in the maintenance, repair or other type of servicing;

(2) Date of the maintenance, repair or other type of servicing;

(3) Description of the maintenance, repair or other type of servicing;

(4) The electronic gaming equipment manufacturer's serial number; and

(5) The electronic gaming equipment's asset number.

(G) All required logs shall be maintained in accordance with the record retention requirements contained in rule 3772-1-07 of the Administrative Code.

Cite as Ohio Admin. Code 3772-9-10

Effective: 5/27/2017
Five Year Review (FYR) Dates: 10/01/2021
Promulgated Under: 119.03
Statutory Authority: 3772.03
Rule Amplifies: 3772.03
Prior Effective Dates: 05/19/2012, 10/1/2016

3772-9-11 [Rescinded] Remote systems access.

Cite as Ohio Admin. Code 3772-9-11

Effective: 4/29/2017
Five Year Review (FYR) Dates: 02/02/2017
Promulgated Under: 119.03
Statutory Authority: 3772.03
Rule Amplifies: 3772.03
Prior Effective Dates: 05/19/2012, 09/26/2015

3772-9-12 Electronic gaming equipment authentication.

(A) Casino operators and gaming -related vendors shall ensure their electronic gaming equipment supports a port and protocol, referred to as game authentication terminal (GAT), for gaming equipment verification.

(B) Electronic gaming equipment submitted for approval on or after December 1, 2012 shall provide the following support for authenticating critical program storage media (CPSM), unless otherwise approved in writing by the executive director or designee:

(1) Employ a verification mechanism, approved by the commission, which authenticates all CPSM. The authentication mechanism shall:

(a) Be accessible by a communication port and protocol approved by the commission;

(b) Provide on-demand authentication of electronic gaming equipment CPSM. This function shall not require the electronic gaming equipment power to be cycled;

(c) Generate a unique signature for each CPSM utilizing, at a minimum, secure hashing algorithm-1 (SHA-1) with hash-based message authentication code (HMAC), as defined by the "National Institute of Standards and Technology (NIST), Federal Information Processing Standards Publication 180-4: Secure Hash Standard (March 2012);" and

(d) Provide support for escrowing verification results. Verification results shall be preserved and retrievable pending a subsequent verification request or a loss of power; and

(2) Provide means for the use of third party authentication tools approved by the commission.

(C) All electronic gaming equipment submitted for approval before December 1, 2012, which offers a communication port, shall comply with the requirements in paragraph (B) of this rule, upon the installation of new CPSM and shall comply with this rule by December 1, 2012, unless otherwise approved in writing by the executive director or designee.

(D) Electronic gaming equipment submitted for approval before December 1, 2012, which do not offer a communication port are excluded from this rule.

Cite as Ohio Admin. Code 3772-9-12

Effective: 4/29/2017
Five Year Review (FYR) Dates: 01/27/2017 and 04/29/2022
Promulgated Under: 119.03
Statutory Authority: 3772.03, 3772.033
Rule Amplifies: 3772.03
Prior Effective Dates: 12/22/2012

3772-9-13 Redemption kiosks.

(A) Procedures for access to redemption kiosks shall be detailed in the casino operator's internal controls.

(B) The maximum voucher value that can be paid out by a redemption kiosk shall be detailed in the casino operator's internal controls.

(C) If a redemption kiosk contains insufficient funds to break an inserted bill or redeem an inserted voucher, the inserted bill or voucher shall be rejected.

Replaces: 3772-9-13

Cite as Ohio Admin. Code 3772-9-13

Effective: 10/1/2016
Five Year Review (FYR) Dates: 10/01/2021
Promulgated Under: 119.03
Statutory Authority: 3772.03 ; 3772.033
Rule Amplifies: 3772.03
Prior Effective Dates: 12/22/12; 12/21/13