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PA Bulletin, Doc. No. 16-2116

RULES AND REGULATIONS

Title 58—RECREATION

PENNSYLVANIA GAMING CONTROL BOARD

[ 58 PA. CODE CHS. 677a AND 678a ]

World Poker Tour Heads-Up Hold 'Em and High Card Flush; Table Game Rules of Play

[46 Pa.B. 7641]
[Saturday, December 10, 2016]

 The Pennsylvania Gaming Control Board (Board), under the general authority in 4 Pa.C.S. § 1202(b)(30) (relating to general and specific powers) and the specific authority in 4 Pa.C.S. § 13A02(1) and (2) (relating to regulatory authority), adds Chapters 677a and 678a (relating to World Poker Tour Heads-Up Hold 'Em; and High Card Flush) to read as set forth in Annex A.

Purpose of this Final-Form Rulemaking

 This final-form rulemaking adds two new table games to the compliment of games available for play in this Commonwealth.

Explanation

 The Board adds two new table games. The rules of play in both chapters are drafted in the same basic format: section a.1 contains the definitions used throughout the chapter; section a.2 contains the table physical characteristics; section a.3 details the number of cards and decks used to play the game; a.4 addresses the opening of the table for gaming; a.5 details how the cards are to be shuffled and cut; a.6 specifies the ranking of the hands; section a.7 outlines the permissible wagers; sections a.8—a.10 detail the procedures for dealing the cards; section a.11 addresses how the round of play is to be completed; a.12 outlines the permissible payout odds for winning wagers; and section a.13 addresses irregularities in play.

 In World Poker Tour Heads-Up Hold 'Em, the optional wagers have a range in hold percentage as follows: for the optional Pocket Bonus Wager, the Board approved three payout tables with a range between 4.52% and 9.95%; and for the optional Trips Plus Wager, the Board approved four payout tables with a range between 0.75% and 4.34%.

 In High Card Flush, the optional wagers have a range in hold percentage as follows: for the optional Flush Bonus Wager, the Board approved eight payout tables with a range between 5.3% and 11.1%; for the optional Straight Flush Bonus Wager, the Board approved four payout tables with a range between 6.6% and 13.0%; and for the Progressive Jackpot Wager, which is also optional and not a required wager, the hold percentage is 23%, which is consistent with almost all other progressive side wagers offered.

Comment and Response Summary

 Notice of proposed rulemaking was published at 45 Pa.B. 4764 (August 15, 2015). The Board did not receive comments from the regulated community during the comment period. After the close of the comment period, Mountainview Thoroughbred Racing Association d/b/a Hollywood Casino (Hollywood) provided comments. Additionally, on October 14, 2015, the Independent Regulatory Review Commission (IRRC) submitted comments.

 Hollywood suggested revisions to the dealing procedures in Heads-Up Hold 'Em, specifically requesting that instead of dealing the five community cards before players make their bets, that the cards be dealt after players make their bets. The Board agrees with Hollywood's suggestion and revised the dealing procedures in §§ 677a.8—677a.10 (relating to procedure for dealing the cards from a manual dealing shoe; procedure for dealing the cards from the hand; and procedure for dealing the cards from an automated dealing shoe) accordingly.

 Regarding § 677a.1 (relating to definitions), IRRC suggested that the definition of ''fold'' be clarified by specifying that the player may fold only after the last two community cards are exposed. The Board agrees and revised the definition accordingly.

Additional Revisions

 At the request of the proprietary owner of the game, ''Heads-Up Hold 'Em'' is revised in this final-form rulemaking to ''World Poker Tour Heads-Up Hold 'Em.'' The name change should not, however, have an impact on a facility currently offering the game as the layouts have already been submitted and approved by Board staff.

 As it relates to the language applicable to the payout limitation in §§ 677a.2(b)(8) and 677a.12(f) (relating to World Poker Tour Heads-Up Hold 'Em table physical characteristics; and payout odds; payout limitation), slight revisions are made for consistency with other games that also have a payout limitation, per player per round of play. See Chapters 643a, 645a, 647a and 674a.

 In Chapter 678a, the Board added an aggregate payout consistent with the aggregate payout in Chapter 677a. Additionally, the Board revised two of the payout tables applicable to the Flush Bonus Wager and one of the payout tables applicable to the Straight Flush Bonus Wager. The hold percentages for each approved side wager are described in the Explanation portion of this preamble.

Affected Parties

 Slot machine licensees may be impacted by this final-form rulemaking as they will have the option to offer additional games to patrons at their licensed facilities.

Fiscal Impact

Commonwealth. The Board does not expect that this final-form rulemaking will have fiscal impact on the Board or other Commonwealth agencies. Updates to Rules Submission forms and internal control procedures will be reviewed by existing Board staff.

Political subdivisions. This final-form rulemaking will not have fiscal impact on political subdivisions of this Commonwealth.

Private sector. This final-form rulemaking will provide certificate holders with additional table game options. If a certificate holder decides to offer the games within the licensed facility, the certificate holder will be required to train dealers on the rules of play and may need to purchase new equipment. Costs incurred to train employees or purchase/lease equipment should be offset by the proceeds of gaming.

General public. This final-form rulemaking will not have fiscal impact on the general public.

Paperwork Requirements

 If a certificate holder selects different options for the play of table games, the certificate holder will be required to submit an updated Rules Submission form reflecting the changes. These forms are available and submitted to Board staff electronically.

Effective Date

 This final-form rulemaking will become effective upon publication in the Pennsylvania Bulletin.

Regulatory Review

 Under section 5(a) of the Regulatory Review Act (71 P.S. § 745.5(a)), on August 4, 2015, the Board submitted a copy of the notice of proposed rulemaking, published at 45 Pa.B. 4764, to IRRC and the Chairpersons of the House Gaming Oversight Committee and the Senate Community, Economic and Recreational Development Committee for review and comment.

 Under section 5(c) of the Regulatory Review Act, the Board shall submit to IRRC and the House and Senate Committees copies of comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Board has considered all comments from IRRC and the public.

 Under section 5.1(j.2) of the Regulatory Review Act (71 P.S. § 745.5a(j.2)), on October 19, 2016, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on October 20, 2016, and approved the final-form rulemaking.

Findings

 The Board finds that:

 (1) Public notice of intention to adopt these amendments was given under sections 201 and 202 of the act of July 31, 1968 (P.L. 769, No. 240) (45 P.S. §§ 1201 and 1202) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.

 (2) The final-form rulemaking is necessary and appropriate for the administration and enforcement of 4 Pa.C.S. Part II (relating to gaming).

Order

 The Board, acting under 4 Pa.C.S. Part II, orders that: 

 (1) The regulations of the Board, 58 Pa. Code, are amended by adding §§ 677a.1—677a.13 and 678a.1—678a.13 to read as set forth in Annex A.

 (2) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.

 (3) This order shall take effect upon publication in the Pennsylvania Bulletin.

DAVID M. BARASCH, 
Chairperson

 (Editor's Note: See 46 Pa.B. 7051 (November 5, 2016) for IRRC's approval order.)

Fiscal Note: Fiscal Note 125-192 remains valid for the final adoption of the subject regulations.

Annex A

TITLE 58. RECREATION

PART VII. GAMING CONTROL BOARD

Subpart K. TABLE GAMES

CHAPTER 677a. WORLD POKER TOUR HEADS-UP HOLD 'EM

Sec.

677a.1.Definitions.
677a.2.World Poker Tour Heads-Up Hold 'Em table physical characteristics.
677a.3.Cards; number of decks.
677a.4.Opening of the table for gaming.
677a.5.Shuffle and cut of the cards.
677a.6.World Poker Tour Heads-Up Hold 'Em rankings.
677a.7.Wagers.
677a.8.Procedure for dealing the cards from a manual dealing shoe.
677a.9.Procedure for dealing the cards from the hand.
677a.10.Procedure for dealing the cards from an automated dealing shoe.
677a.11.Procedure for completion of each round of play.
677a.12.Payout odds; payout limitation.
677a.13.Irregularities.

§ 677a.1. Definitions.

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

Bad Beat Bonus—A bonus payout awarded to any player who holds a straight or higher and loses to the dealer's hand.

Check—Waiving the right to place a Raise Wager but remaining in the round of play.

Community card—A card which may be used by each player and the dealer to form the best possible five-card Poker hand.

Flop—The first three community cards dealt during a round of play.

Fold—The withdrawal of a player from a round of play by not making a Raise Wager after the Turn and River cards are exposed.

Hand—The five-card Poker hand formed from the two cards of the player or the dealer and any of the five community cards.

River card—The fifth community card revealed during a round of play.

Turn card—The fourth community card revealed during a round of play.

§ 677a.2. World Poker Tour Heads-Up Hold 'Em table physical characteristics.

 (a) World Poker Tour Heads-Up Hold 'Em shall be played at a table having betting positions for no more than six players on one side of the table and a place for the dealer on the opposite side of the table.

 (b) The layout for a World Poker Tour Heads-Up Hold 'Em table shall be submitted to the Bureau of Gaming Operations and approved in accordance with § 601a.10(a) (relating to approval of table game layouts, signage and equipment) and contain, at a minimum:

 (1) The name or logo of the certificate holder.

 (2) Three separate betting areas designated for the placement of Ante, Odds and Raise Wagers for each player.

 (3) A separate area designated for the placement of the five community cards located directly in front of the table inventory container.

 (4) A separate area designated for the placement of the dealer's two cards.

 (5) If the certificate holder offers the optional Pocket Bonus Wager authorized under § 677a.7(d)(2) (relating to wagers), a separate area designated for the placement of the Pocket Bonus Wager for each player.

 (6) If the certificate holder offers the optional Trips Plus Wager authorized under § 677a.7(d)(3), a separate area designated for the placement of the Trips Plus Wager for each player.

 (7) Inscriptions that advise patrons of the payout odds for all permissible wagers offered by the certificate holder. If the payout odds are not inscribed on the layout, a sign identifying the payout odds for all permissible wagers shall be posted at each World Poker Tour Heads-Up Hold 'Em table.

 (8) Inscriptions indicating the following:

 (i) The Ante Wager will be returned if the dealer does not have a pair or better.

 (ii) If established by the certificate holder, the payout limit per player per round of play, as authorized under § 677a.12(f) (relating to payout odds; payout limitation).

 (9) If the information required under paragraph (8) is not inscribed on the layout, a sign which sets forth the required information shall be posted at each World Poker Tour Heads-Up Hold 'Em table.

 (c) Each World Poker Tour Heads-Up Hold 'Em table must have a drop box and a tip box attached on the same side of the table as, but on opposite sides of, the dealer, as approved by the Bureau of Casino Compliance in accordance with § 601a.10(g). The Bureau of Casino Compliance may approve an alternative location for the tip box when a card shuffling device or other table game equipment prevents the placement of the drop box and tip box on the same side of the gaming table as, but on opposite sides of, the dealer.

 (d) Each World Poker Tour Heads-Up Hold 'Em table must have a discard rack securely attached to the top of the dealer's side of the table.

§ 677a.3. Cards; number of decks.

 (a) Except as provided in subsection (b), World Poker Tour Heads-Up Hold 'Em shall be played with one deck of cards that are identical in appearance and two cover cards.

 (b) If an automated card shuffling device is utilized, World Poker Tour Heads-Up Hold 'Em may be played with two decks of cards in accordance with the following requirements:

 (1) The cards in each deck must be of the same design. The backs of the cards in one deck must be of a different color than the cards included in the other deck.

 (2) One deck of cards shall be shuffled and stored in the automated card shuffling device while the other deck is being used to play the game.

 (3) Both decks of cards shall be continuously alternated in and out of play, with each deck being used for every other round of play.

 (4) The cards from only one deck shall be placed in the discard rack at any given time.

 (c) The decks of cards used in World Poker Tour Heads-Up Hold 'Em shall be changed at least every:

 (1) Four hours if the cards are dealt by hand.

 (2) Eight hours if the cards are dealt from a manual or automated dealing shoe.

§ 677a.4. Opening of the table for gaming.

 (a) After receiving one or more decks of cards at the table, the dealer shall inspect the cards for any defects. The floorperson assigned to the table shall verify the inspection.

 (b) After the cards are inspected, the cards shall be spread out face up on the table for visual inspection by the first player to arrive at the table. The cards shall be spread out in horizontal fan shaped columns by deck according to suit and in sequence.

 (c) After the first player arriving at the table has been afforded an opportunity to visually inspect the cards, the cards shall be turned face down on the table, mixed thoroughly by a washing of the cards and stacked. Once the cards have been stacked, the cards shall be shuffled in accordance with § 677a.5 (relating to shuffle and cut of the cards).

 (d) If an automated card shuffling device is utilized and two decks of cards are received at the table, each deck of cards shall be spread for inspection, mixed, stacked and shuffled in accordance with subsections (a)—(c).

 (e) If the decks of cards received at the table are preinspected and preshuffled in accordance with § 603a.16(u) or (v) (relating to cards; receipt, storage, inspection and removal from use), subsections (a)—(d) do not apply.

§ 677a.5. Shuffle and cut of the cards.

 (a) Immediately prior to commencement of play, unless the cards were preshuffled in accordance with § 603a.16(u) or (v) (relating to cards; receipt, storage, inspection and removal from use), after each round of play has been completed or when directed by a floorperson or above, the dealer shall shuffle the cards, either manually or by use of an automated card shuffling device, so that the cards are randomly intermixed. Upon completion of the shuffle, the dealer or automated shuffling device shall place the deck of cards in a single stack. The certificate holder may use an automated card shuffling device which, upon completion of the shuffling of the cards, inserts the stack of cards directly into a dealing shoe.

 (b) If an automated card shuffling device is being used, which counts the number of cards in the deck after the completion of each shuffle and indicates whether 52 cards are present, and the device reveals that an incorrect number of cards are present, the deck shall be removed from the table.

 (c) After the cards have been shuffled and stacked, the dealer shall:

 (1) If the cards were shuffled using an automated card shuffling device, deal the cards in accordance with § 677a.8, § 677a.9 or § 677a.10 (relating to procedure for dealing the cards from a manual dealing shoe; procedure for dealing the cards from the hand; and procedure for dealing the cards from an automated dealing shoe).

 (2) If the cards were shuffled manually or were preshuffled, cut the cards in accordance with subsection (d).

 (d) If a cut of the cards is required, the dealer shall place the cover card in the stack at least ten cards in from the top of the stack. Once the cover card has been inserted, the dealer shall take all cards above the cover card and the cover card and place them on the bottom of the stack. The stack of cards shall then be inserted into the dealing shoe for commencement of play.

 (e) After the cards have been cut and before any cards have been dealt, a floorperson or above may require the cards to be recut if the floorperson determines that the cut was performed improperly or in any way that might affect the integrity or fairness of the game.

 (f) If there is no gaming activity at a World Poker Tour Heads-Up Hold 'Em table which is open for gaming, the cards shall be spread out on the table face down unless a player requests that the cards be spread face up on the table. After the first player arriving at the table is afforded an opportunity to visually inspect the cards, the procedures in § 677a.4(c) (relating to opening of the table for gaming) and this section shall be completed.

 (g) A certificate holder may utilize a dealing shoe or other device that automatically reshuffles and counts the cards provided that the device is submitted to the Bureau of Gaming Laboratory Operations and approved in accordance with § 461a.4 (relating to submission for testing and approval) prior to its use in the licensed facility. If a certificate holder is utilizing the approved device, subsections (d)—(f) do not apply.

§ 677a.6. World Poker Tour Heads-Up Hold 'Em rankings.

 (a) The rank of the cards used in World Poker Tour Heads-Up Hold 'Em, in order of highest to lowest rank, shall be: ace, king, queen, jack, 10, 9, 8, 7, 6, 5, 4, 3 and 2. Notwithstanding the foregoing, an ace may be used to complete a straight flush or straight formed with a 2, 3, 4 and 5 but may not be combined with any other sequence of cards (for example queen, king, ace, 2 and 3). All suits shall be equal in rank.

 (b) The permissible five-card Poker hands at the game of World Poker Tour Heads-Up Hold 'Em, in order of highest to lowest rank, shall be:

 (1) A royal flush, which is a hand consisting of an ace, king, queen, jack and 10 of the same suit.

 (2) A straight flush, which is a hand, other than a royal flush, consisting of five cards of the same suit in consecutive ranking, with king, queen, jack, 10 and 9 being the highest ranking straight flush and ace, 2, 3, 4 and 5 being the lowest straight flush.

 (3) A four-of-a-kind, which is a hand consisting of four cards of the same rank, with four aces being the highest ranking four-of-a-kind and four 2s being the lowest ranking four-of-a-kind.

 (4) A full house, which is a hand consisting of a three-of-a-kind and a pair, with three aces and two kings being the highest ranking full house and three 2s and two 3s being the lowest ranking full house.

 (5) A flush, which is a hand consisting of five cards of the same suit, not in consecutive order, with ace, king, queen, jack and 9 being the highest ranking flush and 2, 3, 4, 5 and 7 being the lowest ranking flush.

 (6) A straight, which is a hand consisting of five cards of more than one suit and of consecutive rank, with an ace, king, queen, jack and 10 being the highest ranking straight and an ace, 2, 3, 4 and 5 being the lowest ranking straight.

 (7) A three-of-a-kind, which is a hand consisting of three cards of the same rank, with three aces being the highest ranking three-of-a-kind and three 2s being the lowest ranking three-of-a-kind.

 (8) Two pair, which is a hand consisting of two pairs, with two aces and two kings being the highest ranking two pair and two 3s and two 2s being the lowest ranking two pair.

 (9) A pair, which is a hand consisting of two cards of the same rank, with two aces being the highest ranking pair and two 2s being the lowest ranking pair.

 (c) When comparing two hands that are of identical rank under subsection (b), or that contain none of the hands in subsection (b), the hand that contains the highest ranking card under subsection (a), which is not contained in the other hand, shall be considered the higher ranking hand. If the hands are of identical rank after the application of this subsection, the hands shall be considered a tie.

§ 677a.7. Wagers.

 (a) Wagers at World Poker Tour Heads-Up Hold 'Em shall be made by placing value chips, plaques or other Board-approved table game wagering instruments on the appropriate areas of the table layout. Verbal wagers accompanied by cash may not be accepted.

 (b) Only players who are seated at the World Poker Tour Heads-Up Hold 'Em table may place a wager at the game. Once a player has placed a wager and received cards, that player shall remain seated until the completion of the round of play. If a player leaves the table during a round of play, any wagers made by the player may be considered abandoned and may be treated as losing wagers.

 (c) All Ante, Odds, Trips Plus and Pocket Bonus Wagers shall be placed prior to the dealer announcing ''no more bets'' in accordance with the dealing procedure in § 677a.8, § 677a.9 or § 677a.10 (relating to procedure for dealing the cards from a manual dealing shoe; procedure for dealing the cards from the hand; and procedure for dealing the cards from an automated dealing shoe). Except as provided in § 677a.11(b), (d) and (f) (relating to procedure for completion of each round of play), a wager may not be made, increased or withdrawn after the dealer has announced ''no more bets.''

 (d) The following wagers may be placed in the game of World Poker Tour Heads-Up Hold 'Em:

 (1) A player shall compete against the dealer's five-card Poker hand by placing an Ante Wager and an Odds Wager equal to the player's Ante Wager then a Raise Wager in accordance with § 677a.11(b), (d) or (f).

 (2) If specified in its Rules Submission under § 601a.2 (relating to table games Rules Submissions), a certificate holder may offer to each player at a World Poker Tour Heads-Up Hold 'Em table the option to make an additional Pocket Bonus Wager that the player's first two cards will contain a pair or an ace and a king, queen or jack. A Pocket Bonus Wager does not have a bearing on any other wager made by the player.

 (3) If specified in its Rules Submission under § 601a.2, a certificate holder may offer to each player at a World Poker Tour Heads-Up Hold 'Em table the option to make an additional Trips Plus Wager that the player's five-card Poker hand formed from any of the player's two cards and the five community cards will contain a three-of-a-kind or better as defined in § 677a.6(b) (relating to World Poker Tour Heads-Up Hold 'Em rankings). A Trips Plus Wager does not have a bearing on any other wager made by the player.

 (e) A player may not wager on more than one player position at a World Poker Tour Heads-Up Hold 'Em table.

§ 677a.8. Procedure for dealing the cards from a manual dealing shoe.

 (a) If a manual dealing shoe is used, the dealing shoe must be located on the table in a location as approved by the Bureau of Casino Compliance in accordance with § 601a.10(g) (relating to approval of table game layouts, signage and equipment). Once the procedures required under § 677a.5 (relating to shuffle and cut of the cards) have been completed, the stacked deck of cards shall be placed in the dealing shoe either by the dealer or by the automated card shuffling device.

 (b) Prior to dealing the cards and after all Ante, Odds, Trips Plus and Pocket Bonus Wagers have been placed, the dealer shall announce ''no more bets.''

 (c) The dealer shall then deal the cards by removing each card from the dealing shoe with the hand of the dealer that is the closest to the dealing shoe and placed on the appropriate area of the layout with the opposite hand. Starting with the player farthest to the dealer's left and continuing around the table in a clockwise manner, the dealer shall deal one card at a time, face down, to each player who placed Ante and Odds Wagers in accordance with § 677a.7(d)(1) (relating to wagers) and to the dealer, until each player who placed Ante and Odds Wagers and the dealer have two cards.

 (d) After two cards have been dealt to each player and to the area designated for the placement of the dealer's hand, the dealer shall deal the five community cards In accordance with § 677a.11(c) and (e) (relating to procedure for completion of each round of play). After all community cards have been dealt, the dealer shall remove the stub from the manual dealing shoe and, except as provided in subsection (e), place the stub in the discard rack without exposing the cards.

 (e) If an automated card shuffling device, which counts the number of cards in the deck after the completion of each shuffle and indicates whether 52 cards are present, is not being used, the dealer shall count the stub at least once every 5 rounds of play to determine if the correct number of cards are still present in the deck. The dealer shall determine the number of cards in the stub by counting the cards face down on the layout.

 (f) If the count of the stub indicates that 52 cards are in the deck, the dealer shall place the stub in the discard rack without exposing the cards.

 (g) If the count of the stub indicates that the number of cards in the deck is incorrect, the dealer shall determine if the cards were misdealt. If the cards were misdealt but 52 cards remain in the deck, all hands shall be void and all wagers shall be returned to the players. If the cards were not misdealt, all hands shall be void, all wagers shall be returned to the players and the entire deck of cards shall be removed from the table.

§ 677a.9. Procedure for dealing the cards from the hand.

 (a) If the cards are dealt from the dealer's hand, the following requirements shall be observed:

 (1) An automated shuffling device shall be used to shuffle the cards.

 (2) After the procedures required under § 677a.5 (relating to shuffle and cut of the cards) have been completed, the dealer shall place the stacked deck of cards in either hand. After the dealer has chosen the hand in which he will hold the cards, the dealer shall continue to use that hand whenever holding the cards during that round of play. The cards held by the dealer shall be kept over the table inventory container and in front of the dealer at all times.

 (b) Prior to dealing any cards and after all Ante, Odds, Trips Plus and Pocket Bonus Wagers have been placed, the dealer shall announce ''no more bets.'' The dealer shall then deal each card by holding the deck of cards in the chosen hand and use the other hand to remove the top card of the deck and place it face down on the appropriate area of the layout. The dealer shall, starting with the player farthest to the dealer's left and continuing around the table in a clockwise manner, deal one card at a time to each player who placed Ante and Odds Wagers in accordance with § 677a.7(d)(1) (relating to wagers) and to the dealer, until each player who placed Ante and Odds Wagers and the dealer have two cards.

 (c) After two cards have been dealt to each player and to the area designated for the placement of the dealer's hand, the dealer shall deal the five community cards in accordance with § 677a.11(c) and (e) (relating to procedure for completion of each round of play). After all community cards have been dealt, the dealer shall, except as provided in subsection (d), place the stub in the discard rack without exposing the cards.

 (d) If an automated card shuffling device that counts the number of cards in the deck after the completion of each shuffle and indicates whether 52 cards are present is not being used, the dealer shall count the stub at least once every 5 rounds of play to determine if the correct number of cards are still present in the deck. The dealer shall determine the number of cards in the stub by counting the cards face down on the layout.

 (e) If the count of the stub indicates that 52 cards are in the deck, the dealer shall place the stub in the discard rack without exposing the cards.

 (f) If the count of the stub indicates that the number of cards in the deck is incorrect, the dealer shall determine if the cards were misdealt. If the cards were misdealt but 52 cards remain in the deck, all hands shall be void and all wagers shall be returned to the players. If the cards were not misdealt, all hands shall be void, all wagers shall be returned to the players and the entire deck of cards shall be removed from the table.

§ 677a.10. Procedure for dealing the cards from an automated dealing shoe.

 (a) If the cards are dealt from an automated dealing shoe, the following requirements shall be observed:

 (1) After the procedures required under § 677a.5 (relating to shuffle and cut of the cards) have been completed, the cards shall be placed in the automated dealing shoe.

 (2) Prior to the dealer delivering any stacks of cards dispensed from the automated dealing shoe, the dealer shall announce ''no more bets.''

 (b) The dealer shall then deliver the first stack of two cards dispensed by the automated dealing shoe face down to the player farthest to the dealer's left who has placed Ante and Odds Wagers in accordance with § 677a.7(d)(1) (relating to wagers). As the remaining stacks are dispensed to the dealer by the automated dealing shoe, the dealer shall, moving clockwise around the table, deliver a stack of two cards face down to each of the other players who has placed Ante and Odds Wagers. The dealer shall then deliver a stack of two cards face down to the area designated for the dealer's cards.

 (c) After each stack of two cards has been dispensed and delivered in accordance with subsection (b), the dealer shall remove the remaining cards from the automated dealing shoe and, following the procedures in § 677a.9(a)(2) (relating to procedure for dealing the cards from the hand), deal from his hand the five community cards in accordance with § 677a.11(c) and (e) (relating to procedure for completion of each round of play). After all five community cards have been dealt, the dealer shall, except as provided in subsection (d), place the stub in the discard rack without exposing the cards.

 (d) If an automated card shuffling device, which counts the number of cards in the deck after the completion of each shuffle and indicates whether 52 cards are present, is not being used, the dealer shall count the stub at least once every 5 rounds of play to determine if the correct number of cards are still present in the deck. The dealer shall determine the number of cards in the stub by counting the cards face down on the layout.

 (e) If the count of the stub indicates that 52 cards are in the deck, the dealer shall place the stub in the discard rack without exposing the cards.

 (f) If the count of the stub indicates that the number of cards in the deck is incorrect, the dealer shall determine if the cards were misdealt. If the cards were misdealt but 52 cards remain in the deck, all hands shall be void and all wagers shall be returned to the players. If the cards were not misdealt, all hands shall be void, all wagers shall be returned to the players and the entire deck of cards shall be removed from the table.

 (g) Notwithstanding the requirements in subsections (b) and (c), if a certificate holder is utilizing an automated dealing shoe which automatically reshuffles the cards, the five community cards may be dispensed before the two cards are dispensed to each player and to the dealer. The community cards shall then be revealed in accordance with § 677a.11(c), (e) and (f).

§ 677a.11. Procedure for completion of each round of play.

 (a) After the dealing procedures required under § 677a.8, § 677a.9 or § 677a.10 (relating to procedure for dealing the cards from a manual dealing shoe; procedure for dealing the cards from the hand; and procedure for dealing the cards from an automated dealing shoe) have been completed, each player shall examine his cards subject to the following limitations:

 (1) Each player who wagers at World Poker Tour Heads-Up Hold 'Em shall be responsible for his own hand and no person other than the dealer and the player to whom the cards were dealt may touch the cards of that player.

 (2) Each player shall keep his cards in full view of the dealer at all times.

 (b) After each player has examined his cards, the dealer shall, beginning with the player farthest to the dealer's left and moving clockwise around the table, ask each player if he wishes to place a Raise Wager prior to the dealing of the Flop. The player may either check and remain in the game or place a Raise Wager up to three times the amount of the player's Ante Wager.

 (c) After each player has either placed a Raise Wager or checked, the dealer shall burn the next card. The dealer shall then deal the three-card Flop face up on the layout in the designated area for the community cards.

 (d) After the Flop has been exposed, the dealer shall, beginning with the player farthest to the dealer's left who has not placed a Raise Wager and moving clockwise around the table, ask each player who has not placed a Raise Wager if he wishes to place a Raise Wager prior to the dealing of the Turn and River cards. The player may either check and remain in the game or place a Raise Wager in an amount up to two times the player's Ante Wager.

 (e) Once all remaining players have either placed a Raise Wager or checked, the dealer shall burn the next card. The dealer shall then deal the Turn and River cards face up on the layout in the designated area for the community cards.

 (f) After the Turn and River cards have been exposed, the dealer shall, beginning with the player farthest to the dealer's left who has not placed a Raise Wager and moving clockwise around the table, ask each player if he wishes to place a Raise Wager in an amount equal to the player's Ante Wager or fold. If a player folds, the dealer shall collect the player's Ante and Odds Wagers and place the player's cards in the discard rack, provided that if any player placed a Trips Plus or Pocket Bonus Wager, the dealer shall tuck the player's cards under the player's Trips Plus or Pocket Bonus Wager until the optional wagers are settled in accordance with subsection (i).

 (g) Once all remaining players have either placed a Raise Wager or folded, the dealer shall turn his two cards face up on the layout. The dealer shall then select five cards using the dealer's two cards and the five community cards to form the highest ranking five-card Poker hand. After the dealer's cards are turned face up, the dealer shall, beginning with the player farthest to the dealer's right who has placed a Raise Wager and continuing around the table in a counterclockwise direction, complete the following applicable procedures in succession for each player:

 (1) The dealer shall turn the two cards of each player who has placed a Raise Wager face up on the layout.

 (2) The dealer shall examine the cards of the player and select the five cards using the player's two cards and the five community cards to form the highest ranking five-card Poker hand. The wagers of each player shall be resolved one player at a time regardless of outcome.

 (h) If the dealer's hand:

 (1) Does not contain a pair or better, as defined in § 677a.6 (relating to World Poker Tour Heads-Up Hold 'Em rankings), each player's Ante Wager shall push and be returned to the player. If the player's hand:

 (i) Is higher in rank than the dealer's hand, the player's Raise Wager shall be paid out at the odds in § 677a.12(a) (relating to payout odds; payout limitation) and the player's Odds Wager shall be paid out in accordance with the payout odds in § 677a.12(b).

 (ii) Is equal in rank to the dealer's hand, the player's Raise and Odds Wagers shall push and be returned to the player.

 (iii) Is lower in rank to the dealer's hand, the player's Raise and Odds Wagers shall lose and be collected.

 (2) Contains a pair or better, as defined in § 677a.6, and if the player's hand:

 (i) Is higher in rank than the dealer's hand, the player's Ante and Raise Wagers shall be paid out at the odds in § 677a.12(a) and the player's Odds Wager shall be paid out in accordance with the payout odds in § 677a.12(b).

 (ii) Is equal in rank to the dealer's hand, the player's Ante, Raise and Odds Wagers shall push and be returned to the player.

 (iii) Is lower in rank to the dealer's hand, the Ante Wager shall lose and be collected and if the player's hand:

 (A) Was not a straight or higher, the player's Raise and Odds Wagers shall lose and be collected.

 (B) Was a straight or higher, the player's Raise Wager shall lose and be collected and the player's Odds Wager shall be eligible for a Bad Beat payout as provided in § 677a.12(c).

 (i) After settling the player's Ante, Raise and Odds Wagers, the dealer shall settle the player's optional Pocket Bonus and Trips Plus Wagers, if applicable, as follows:

 (1) If a player placed a Pocket Bonus Wager and the player's two cards:

 (i) Contain a pair or an ace and a king, queen or jack, the winning hand shall be paid out as provided in § 677a.12(d).

 (ii) Do not contain a pair or an ace and a king, queen or jack, the dealer shall collect the player's losing Pocket Bonus Wager.

 (2) If a player placed a Trips Plus Wager and the player's two cards and the five community cards:

 (i) Contain a three-of-a-kind or better, the winning hand shall be paid out as provided in § 677a.12(e).

 (ii) Does not contain a three-of-a-kind or better, the dealer shall collect the losing Trips Plus Wager.

 (j) After all wagers of the player have been settled, the dealer shall remove all remaining cards from the table and place them in the discard rack in a manner that permits the reconstruction of each hand in the event of a question or dispute.

§ 677a.12. Payout odds; payout limitation.

 (a) A certificate holder shall pay each winning Ante Wager and Raise Wager at odds of 1 to 1.

 (b) A certificate holder shall pay each winning Odds Wager at the odds in the following payout table:

Hand Payout
Royal flush 500 to 1
Straight flush 50 to 1
Four-of-a-kind 10 to 1
Full house 3 to 1
Flush 3 to 2
Straight 1 to 1
Three-of-a-kind Push
Two pair Push
Pair Push
High card Push

 (c) A certificate holder shall pay a Bad Beat Bonus at the odds in the following payout table:

Hand Payout
Royal flush N/A
Straight flush 500 to 1
Four-of-a-kind 25 to 1
Full house 6 to 1
Flush 5 to 1
Straight 4 to 1

 (d) A certificate holder shall pay each winning Pocket Bonus Wager at the odds in one of the following paytables selected by the certificate holder in its Rules Submission filed in accordance with § 601a.2 (relating to table games Rules Submissions):


Hand Paytable A Paytable B Paytable C
Pair of aces 30 to 1 25 to 1 30 to 1
Ace and a king, queen or jack of the
 same suit
20 to 1 20 to 1 20 to 1
Ace and a king, queen or jack of
 different suits
10 to 1 10 to 1 10 to 1
Pair of 2s—kings 5 to 1 5 to 1 4 to 1

 (e) A certificate holder shall pay each winning Trips Plus Wagers at the odds in one of the following paytables selected by the certificate holder in its Rules Submission filed in accordance with § 601a.2:

Hand Paytable A Paytable B Paytable C Paytable D
Royal flush 100 to 1 100 to 1 100 to 1 100 to 1
Straight flush 40 to 1 40 to 1 40 to 1 40 to 1
Four-of-a-kind 30 to 1 30 to 1 30 to 1 30 to 1
Full house 9 to 1 8 to 1 7 to 1 8 to 1
Flush 7 to 1 6 to 1 6 to 1 7 to 1
Straight 4 to 1 5 to 1 5 to 1 4 to 1
Three-of-a-kind 3 to 1 3 to 1 3 to 1 3 to 1

 (f) Notwithstanding the payout odds in subsections (a)—(e), if specified in its Rules Submission form filed in accordance with § 601a.2, the certificate holder may establish an aggregate payout limit per player per round of play which may not be less than $50,000 or the maximum amount that one patron could win per round when betting the minimum wager, whichever is greater.

§ 677a.13. Irregularities.

 (a) A card that is found face up in the shoe or the deck while the cards are being dealt may not be used in that round of play and shall be placed in the discard rack. If more than one card is found face up in the shoe or the deck during the dealing of the cards, all hands shall be void, all wagers shall be returned to the players and the cards shall be reshuffled. Notwithstanding the foregoing, if the cards are found face up after each player and the dealer have received their initial two cards, any Pocket Bonus Wagers shall be settled in accordance with the payout odds in § 677a.12(d) (relating to payout odds; payout limitation).

 (b) A card drawn in error without its face being exposed shall be used as though it were the next card from the shoe or the deck.

 (c) If any player, the dealer or the area designated for the placement of the community cards is dealt an incor-rect number of cards, all hands shall be void, all wagers shall be returned to the players and the cards shall be reshuffled.

 (d) If either of the cards dealt to the dealer in World Poker Tour Heads-Up Hold 'Em is inadvertently exposed prior to each player having either folded or placed a Raise Wager as provided for under § 677a.11 (relating to procedure for completion of each round of play), all hands shall be void and all Ante, Odds and Raise Wagers shall be returned to the players and the cards shall be reshuffled. Notwithstanding the forgoing, if a player has placed a Pocket Bonus or Trips Plus Wager, the wager shall be settled in accordance with the payout odds in § 677a.12(d) and (e).

 (e) If an automated card shuffling device is being used and the device jams, stops shuffling during a shuffle or fails to complete a shuffle cycle, the cards shall be reshuffled.

 (f) If an automated dealing shoe is being used and the device jams, stops dealing cards or fails to deal cards during a round of play, the round of play shall be void, all wagers shall be returned to the players and the cards shall be removed from the device and reshuffled with any cards already dealt.

 (g) If an automated card shuffling device or automated dealing shoe malfunctions and cannot be used, the automated card shuffling device or automated dealing shoe must be covered or have a sign indicating that the automated card shuffling device or automated dealing shoe is out of order placed on the device before any other method of shuffling or dealing may be utilized at that table.

CHAPTER 678a. HIGH CARD FLUSH

Sec.

678a.1.Definitions.
678a.2.High Card Flush table physical characteristics.
678a.3.Cards; number of decks.
678a.4.Opening of the table for gaming.
678a.5.Shuffle and cut of the cards.
678a.6.High Card Flush rankings.
678a.7.Wagers.
678a.8.Procedure for dealing the cards from a manual dealing shoe.
678a.9.Procedure for dealing the cards from the hand.
678a.10.Procedure for dealing the cards from an automated dealing shoe.
678a.11.Procedure for completion of each round of play.
678a.12.Payout odds; payout limitation.
678a.13.Irregularities.

§ 678a.1. Definitions.

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

Fold—The withdrawal of a player from a round of play by not making a Raise Wager.

Raise Wager—The wager a player places after examining the player's seven cards.

§ 678a.2. High Card Flush table physical characteristics.

 (a) High Card Flush shall be played at a table having betting positions for no more than six players on one side of the table and a place for the dealer on the opposite side of the table.

 (b) The layout for a High Card Flush table shall be submitted to the Bureau of Gaming Operations and approved in accordance with § 601a.10(a) (relating to approval of table game layouts, signage and equipment) and contain, at a minimum:

 (1) The name or logo of the certificate holder.

 (2) Two separate betting areas designated for the placement of the Ante and Raise Wagers for each player.

 (3) A separate area designated for the placement of the dealer's seven cards.

 (4) If the certificate holder offers the optional Flush Bonus Wager authorized under § 678a.7(d)(2) (relating to wagers), a separate area designated for the placement of the Flush Bonus Wager for each player.

 (5) If the certificate holder offers the optional Straight Flush Bonus Wager authorized under § 678a.7(d)(3), a separate area designated for the placement of the Straight Flush Bonus Wager for each player.

 (6) If a certificate holder offers the optional Progressive Jackpot Wager authorized under § 678a.7(d)(4), a separate area designated for the placement of the Progressive Jackpot Wager for each player.

 (7) Inscriptions that advise patrons of the following:

 (i) The payout odds for all permissible wagers offered by the certificate holder.

 (ii) The dealer qualifies with a three-card flush, nine high or pays the Ante Wager and pushes the Raise Wager.

 (iii) For Raise Wagers, if a player has:

 (A) A two-card, three-card or four-card flush, a player may place a Raise Wager equal to the player's Ante Wager.

 (B) A five-card flush, a player may place a Raise Wager up to two times the amount of the player's Ante Wager.

 (C) A six-card or seven-card flush, a player may place a Raise Wager up to three times the amount of the player's Ante Wager.

 (iv) If established by the certificate holder, the payout limit per player per round of play, as authorized under § 678a.12(e) (relating to payout odds; payout limitation).

 (8) If the information under paragraph (7) is not inscribed on the layout, a sign which sets forth the required information shall be posted at each High Card Flush table.

 (c) If a certificate holder offers the Progressive Jackpot Wager in accordance with § 678a.7(d)(4), the High Card Flush table must have a progressive table game system, in accordance with § 605a.7 (relating to progressive table games), for the placement of the Progressive Jackpot Wagers. If the certificate holder is offering the Progressive Jackpot Wager on multiple linked tables or games in the same licensed facility, the progressive table game system must comply with the requirements in § 605a.8 (relating to linked progressive table games). The progressive table game system must include:

 (1) A wagering device at each betting position that acknowledges or accepts the placement of the Progressive Jackpot Wager.

 (2) A device that controls or monitors the placement of Progressive Jackpot Wagers at the gaming table, including a mechanism, such as a lock-out button, that prevents the recognition of any Progressive Jackpot Wager that a player attempts to place after the dealer has announced ''no more bets.''

 (d) Each High Card Flush table must have a drop box and a tip box attached on the same side of the table as, but on opposite sides of, the dealer, as approved by the Bureau of Casino Compliance in accordance with § 601a.10(g). The Bureau of Casino Compliance may approve an alternative location for the tip box when a card shuffling device or other table game equipment prevents the placement of the drop box and tip box on the same side of the gaming table as, but on opposite sides of, the dealer.

 (e) Each High Card Flush table must have a discard rack securely attached to the top of the dealer's side of the table.

§ 678a.3. Cards; number of decks.

 (a) Except as provided in subsection (b), High Card Flush shall be played with one deck of cards that are identical in appearance and two cover cards.

 (b) If an automated card shuffling device is utilized, High Card Flush may be played with two decks of cards in accordance with the following requirements:

 (1) The cards in each deck must be of the same design. The backs of the cards in one deck must be of a different color than the cards included in the other deck.

 (2) One deck of cards shall be shuffled and stored in the automated card shuffling device while the other deck is being used to play the game.

 (3) Both decks of cards shall be continuously alternated in and out of play, with each deck being used for every other round of play.

 (4) The cards from only one deck shall be placed in the discard rack at any given time.

 (c) The decks of cards used in High Card Flush shall be changed at least every:

 (1) Four hours if the cards are dealt by hand.

 (2) Eight hours if the cards are dealt from a manual or automated dealing shoe.

§ 678a.4. Opening of the table for gaming.

 (a) After receiving one or more decks of cards at the table, the dealer shall inspect the cards for any defects. The floorperson assigned to the table shall verify the inspection.

 (b) After the cards are inspected, the cards shall be spread out face up on the table for visual inspection by the first player to arrive at the table. The cards shall be spread out in horizontal fan shaped columns by deck according to suit and in sequence.

 (c) After the first player arriving at the table has been afforded an opportunity to visually inspect the cards, the cards shall be turned face down on the table, mixed thoroughly by a washing of the cards and stacked. Once the cards have been stacked, the cards shall be shuffled in accordance with § 678a.5 (relating to shuffle and cut of the cards).

 (d) If an automated card shuffling device is utilized and two decks of cards are received at the table, each deck of cards shall be spread for inspection, mixed, stacked and shuffled in accordance with subsections (a)—(c).

 (e) If the decks of cards received at the table are preinspected and preshuffled in accordance with § 603a.16(u) or (v) (relating to cards; receipt, storage, inspection and removal from use), subsections (a)—(d) do not apply.

§ 678a.5. Shuffle and cut of the cards.

 (a) Immediately prior to commencement of play, unless the cards were preshuffled in accordance with § 603a.16(u) or (v) (relating to cards; receipt, storage, inspection and removal from use), after each round of play has been completed or when directed by a floorperson or above, the dealer shall shuffle the cards, either manually or by use of an automated card shuffling device, so that the cards are randomly intermixed. Upon completion of the shuffle, the dealer or automated shuffling device shall place the deck of cards in a single stack. The certificate holder may use an automated card shuffling device which, upon completion of the shuffling of the cards, inserts the stack of cards directly into a dealing shoe.

 (b) If an automated card shuffling device that counts the number of cards in the deck after the completion of each shuffle and indicates whether 52 cards are present is being used, and the device reveals that an incorrect number of cards are present, the deck shall be removed from the table.

 (c) After the cards have been shuffled and stacked, the dealer shall:

 (1) If the cards were shuffled using an automated card shuffling device, deal the cards in accordance with § 678a.8, § 678a.9 or § 678a.10 (relating to procedure for dealing the cards from a manual dealing shoe; procedure for dealing the cards from the hand; and procedure for dealing the cards from an automated dealing shoe).

 (2) If the cards were shuffled manually or were preshuffled, cut the cards in accordance with subsection (d).

 (d) If a cut of the cards is required, the dealer shall place the cover card in the stack at least ten cards in from the top of the stack. Once the cover card has been inserted, the dealer shall take all cards above the cover card and the cover card and place them on the bottom of the stack. The stack of cards shall then be inserted into the dealing shoe for commencement of play.

 (e) After the cards have been cut and before any cards have been dealt, a floorperson or above may require the cards to be recut if the floorperson determines that the cut was performed improperly or in any way that might affect the integrity or fairness of the game.

 (f) If there is no gaming activity at a High Card Flush table which is open for gaming, the cards shall be spread out on the table face down unless a player requests that the cards be spread face up on the table. After the first player arriving at the table is afforded an opportunity to visually inspect the cards, the procedures in § 678a.4(c) (relating to opening of the table for gaming) and this section shall be completed.

 (g) A certificate holder may utilize a dealing shoe or other device that automatically reshuffles and counts the cards provided that the device is submitted to the Bureau of Gaming Laboratory Operations and approved in accordance with § 461a.4 (relating to submission for testing and approval) prior to its use in the licensed facility. If a certificate holder is utilizing the approved device, subsections (d)—(f) do not apply.

§ 678a.6. High Card Flush rankings.

 (a) The rank of the cards used in High Card Flush, in order of highest to lowest rank, shall be: ace, king, queen, jack, 10, 9, 8, 7, 6, 5, 4, 3 and 2. All suits shall be equal in rank.

 (b) For purposes of the Ante, Raise and Flush Bonus Wagers, the permissible hands at the game of High Card Flush, in order of highest to lowest rank, shall be:

 (1) A seven-card flush, which is a hand consisting of seven cards of the same suit in any order.

 (2) A six-card flush, which is a hand consisting of six cards of the same suit in any order.

 (3) A five-card flush, which is a hand consisting of five cards of the same suit in any order.

 (4) A four-card flush, which is a hand consisting of four cards of the same suit in any order.

 (5) A three-card flush, which is a hand consisting of three cards of the same suit in any order.

 (6) A two-card flush, which is a hand consisting of two cards of the same suit in any order.

 (c) When comparing two hands that are of identical rank under subsection (b), or that contain none of the hands in subsection (b), the hand that contains the highest ranking card under subsection (a), which is not contained in the other hand, shall be considered the higher ranking hand. If the hands are of identical rank after the application of this subsection, the hands shall be considered a tie.

 (d) For purposes of the optional Straight Flush Bonus and the Progressive Jackpot Wagers, the permissible hands shall be:

 (1) A seven-card straight flush, which is a hand consisting of seven cards of the same suit in consecutive rank.

 (2) A six-card straight flush, which is a hand consisting of six cards of the same suit in consecutive rank.

 (3) A five-card straight flush, which is a hand consisting of five cards of the same suit in consecutive rank.

 (4) A four-card straight flush, which is a hand consisting of four cards of the same suit in consecutive rank.

 (5) A three-card straight flush, if included in the payout table selected by the certificate holder, which is a hand consisting of three cards of the same suit in consecutive rank.

§ 678a.7. Wagers.

 (a) Wagers at High Card Flush shall be made by placing value chips, plaques or other Board-approved table game wagering instruments on the appropriate areas of the table layout. Verbal wagers accompanied by cash may not be accepted.

 (b) Only players who are seated at the High Card Flush table may place a wager at the game. Once a player has placed a wager and received cards, that player shall remain seated until the completion of the round of play. If a player leaves the table during a round of play, any wagers made by the player may be considered abandoned and may be treated as losing wagers.

 (c) All Ante, Flush Bonus, Straight Flush Bonus and Progressive Jackpot Wagers shall be placed prior to the dealer announcing ''no more bets'' in accordance with the dealing procedure in § 678a.8, § 678a.9 or § 678a.10 (relating to procedure for dealing the cards from a manual dealing shoe; procedure for dealing the cards from the hand; and procedure for dealing the cards from an automated dealing shoe). Except as provided in § 678a.11(b) (relating to procedure for completion of each round of play), a wager may not be made, increased or withdrawn after the dealer has announced ''no more bets.''

 (d) The following wagers may be placed in the game of High Card Flush:

 (1) A player shall compete against the dealer's seven-card hand by placing an Ante Wager then a Raise Wager in accordance with § 678a.11(b).

 (2) If specified in its Rules Submission under § 601a.2 (relating to table games Rules Submissions), a certificate holder may offer to each player at a High Card Flush table the option to make an additional Flush Bonus Wager that the player's seven cards will form a four-card flush or higher as described in § 678a.6(b) (relating to High Card Flush rankings). A Flush Bonus Wager does not have a bearing on any other wager made by the player.

 (3) If specified in its Rules Submission under § 601a.2, a certificate holder may offer to each player at a High Card Flush table the option to make an additional Straight Flush Bonus Wager that the player's seven cards will form a three-card straight flush or higher as described in § 678a.6(d). A Straight Flush Bonus Wager does not have a bearing on any other wager made by the player.

 (4) If specified in its Rules Submission under § 601a.2, certificate holder may offer to each player at a High Card Flush table the option to make an additional Progressive Jackpot Wager that the player's seven cards will form a three-card straight flush or a four-card straight flush or higher, depending on the payout table selected by the certificate holder. After placing the Ante Wager, a player may make the additional Progressive Jackpot Wager by placing a value chip onto the progressive wagering device designated for that player. Each player shall be responsible for verifying that the player's respective Progressive Payout Wager has been accepted.

 (e) A player may not wager on more than one player position at a High Card Flush table.

§ 678a.8. Procedure for dealing the cards from a manual dealing shoe.

 (a) If a manual dealing shoe is used, the dealing shoe must be located on the table in a location as approved by the Bureau of Casino Compliance in accordance with § 601a.10(g) (relating to approval of table game layouts, signage and equipment). Once the procedures required under § 678a.5 (relating to shuffle and cut of the cards) have been completed, the stacked deck of cards shall be placed in the dealing shoe either by the dealer or by the automated card shuffling device.

 (b) Prior to dealing the cards and after all Ante Wagers and optional wagers have been placed, the dealer shall announce ''no more bets'' and, if the Progressive Jackpot Wager is being offered, use the progressive table game system to prevent the placement of additional Progressive Jackpot Wagers. If Progressive Jackpot Wagers have been made, the dealer shall collect the wagers and, on the layout in front of the table inventory container, verify that the number of value chips wagered equals the number of Progressive Jackpot Wagers accepted by the progressive table game system. The dealer shall then place the value chips into the table inventory container.

 (c) Each card shall be removed from the dealing shoe with the hand of the dealer that is the closest to the dealing shoe and placed on the appropriate area of the layout with the opposite hand.

 (d) The dealer shall, starting with the player farthest to the dealer's left and continuing around the table in a clockwise manner, deal one card at a time, face down, to each player who placed an Ante Wager in accordance with § 678a.7(d)(1) (relating to wagers) and to the dealer, under a cover card, until each player who placed an Ante Wager and the dealer have seven cards.

 (e) After seven cards have been dealt to each player and to the area designated for the placement of the dealer's hand, the dealer shall remove the stub from the manual dealing shoe and, except as provided in subsection (f), place the stub in the discard rack without exposing the cards.

 (f) If an automated card shuffling device, which counts the number of cards in the deck after the completion of each shuffle and indicates whether 52 cards are present, is not being used, the dealer shall count the stub at least once every 5 rounds of play to determine if the correct number of cards are still present in the deck. The dealer shall determine the number of cards in the stub by counting the cards face down on the layout.

 (g) If the count of the stub indicates that 52 cards are in the deck, the dealer shall place the stub in the discard rack without exposing the cards.

 (h) If the count of the stub indicates that the number of cards in the deck is incorrect, the dealer shall determine if the cards were misdealt. If the cards were misdealt but 52 cards remain in the deck, all hands shall be void and all wagers shall be returned to the players. If the cards were not misdealt, all hands shall be void, all wagers shall be returned to the players and the entire deck of cards shall be removed from the table.

§ 678a.9. Procedure for dealing the cards from the hand.

 (a) If the cards are dealt from the dealer's hand, the following requirements shall be observed:

 (1) An automated shuffling device shall be used to shuffle the cards.

 (2) After the procedures required under § 678a.5 (relating to shuffle and cut of the cards) have been completed, the dealer shall place the stacked deck of cards in either hand. After the dealer has chosen the hand in which he will hold the cards, the dealer shall continue to use that hand whenever holding the cards during that round of play. The cards held by the dealer shall be kept over the table inventory container and in front of the dealer at all times.

 (b) The dealer shall announce ''no more bets'' and, if the Progressive Jackpot Wager is being offered, use the progressive table game system to prevent the placement of any additional Progressive Jackpot Wagers. If any Progressive Jackpot Wagers have been made, the dealer shall collect the wagers and, on the layout in front of the table inventory container, verify that the number of value chips wagered equals the number of Progressive Jackpot Wagers accepted by the progressive table game system. The dealer shall then place the value chips into the table inventory container. The dealer shall then deal each card by holding the deck of cards in the chosen hand and use the other hand to remove the top card of the deck and place it face down on the appropriate area of the layout. The dealer shall, starting with the player farthest to the dealer's left and continuing around the table in a clockwise manner, deal one card at a time to each player who placed an Ante Wager in accordance with § 678a.7(d)(1) (relating to wagers) and to the dealer, under a cover card, until each player who placed an Ante Wager and the dealer have seven cards.

 (c) After seven cards have been dealt to each player and to the area designated for the placement of the dealer's hand, the dealer shall, except as provided in subsection (d), place the stub in the discard rack without exposing the cards.

 (d) If an automated card shuffling device, which counts the number of cards in the deck after the completion of each shuffle and indicates whether 52 cards are present, is not being used, the dealer shall count the stub at least once every 5 rounds of play to determine if the correct number of cards are still present in the deck. The dealer shall determine the number of cards in the stub by counting the cards face down on the layout.

 (e) If the count of the stub indicates that 52 cards are in the deck, the dealer shall place the stub in the discard rack without exposing the cards.

 (f) If the count of the stub indicates that the number of cards in the deck is incorrect, the dealer shall determine if the cards were misdealt. If the cards were misdealt but 52 cards remain in the deck, all hands shall be void and all wagers shall be returned to the players. If the cards were not misdealt, all hands shall be void, all wagers shall be returned to the players and the entire deck of cards shall be removed from the table.

§ 678a.10. Procedure for dealing the cards from an automated dealing shoe.

 (a) If the cards are dealt from an automated dealing shoe, the following requirements shall be observed:

 (1) After the procedures required under § 678a.5 (relating to shuffle and cut of the cards) have been completed, the cards shall be placed in the automated dealing shoe.

 (2) Prior to the shoe dispensing any stacks of cards, the dealer shall announce ''no more bets'' and, if the Progressive Jackpot Wager is being offered, use the progressive table game system to prevent the placement of additional Progressive Jackpot Wagers. If Progressive Jackpot Wagers have been made, the dealer shall collect the wagers and, on the layout in front of the table inventory container, verify that the number of value chips wagered equals the number of Progressive Jackpot Wagers accepted by the progressive table game system. The dealer shall then place the value chips into the table inventory container.

 (b) The dealer shall deliver the first stack of seven cards dispensed by the automated dealing shoe face down to the player farthest to the dealer's left who has placed an Ante Wager in accordance with § 678a.7(d)(1) (relating to wagers). As the remaining stacks are dispensed to the dealer by the automated dealing shoe, the dealer shall, moving clockwise around the table, deliver a stack of seven cards face down to each of the other players who has placed an Ante Wager. The dealer shall then deliver a stack of seven cards face down under a cover card to the area designated for the dealer's cards.

 (c) After each stack of seven cards has been dispensed and delivered in accordance with subsection (b), the dealer shall remove the remaining cards from the automated dealing shoe and, except as provided in subsection (d), place the stub in the discard rack without exposing the cards.

 (d) If an automated card shuffling device, which counts the number of cards in the deck after the completion of each shuffle and indicates whether 52 cards are present, is not being used, the dealer shall count the stub at least once every 5 rounds of play to determine if the correct number of cards are still present in the deck. The dealer shall determine the number of cards in the stub by counting the cards face down on the layout.

 (e) If the count of the stub indicates that 52 cards are in the deck, the dealer shall place the stub in the discard rack without exposing the cards.

 (f) If the count of the stub indicates that the number of cards in the deck is incorrect, the dealer shall determine if the cards were misdealt. If the cards were misdealt but 52 cards remain in the deck, all hands shall be void and all wagers shall be returned to the players. If the cards were not misdealt, all hands shall be void, all wagers shall be returned to the players and the entire deck of cards shall be removed from the table.

§ 678a.11. Procedure for completion of each round of play.

 (a) After the dealing procedures required under § 678a.8, § 678a.9 or § 678a.10 (relating to procedure for dealing the cards from a manual dealing shoe; procedure for dealing the cards from the hand; and procedure for dealing the cards from an automated dealing shoe) have been completed, each player shall examine his cards subject to the following limitations:

 (1) Each player who wagers at High Card Flush shall be responsible for his own hand and no person other than the dealer and the player to whom the cards were dealt may touch the cards of that player.

 (2) Each player shall keep his cards in full view of the dealer at all times.

 (b) After each player has examined his cards, beginning with the player farthest to the dealer's left and moving clockwise around the table, the dealer shall ask each player if he wishes to fold or place a Raise Wager. If a player has:

 (1) A two-card, three-card or four-card flush, the player may place a Raise Wager equal to the player's Ante Wager.

 (2) A five-card flush, a player may place a Raise Wager up to two times the amount of the player's Ante Wager.

 (3) A six-card or seven-card flush, a player may place a Raise Wager up to three times the amount of the player's Ante Wager.

 (c) If a player:

 (1) Places a Raise Wager, the wager shall be placed in the area designated for the Raise Wager.

 (2) Folds, the player's Ante Wager shall be collected by the dealer and placed in the table inventory container. If the player:

 (i) Has also placed a Flush Bonus, Straight Flush Bonus or Progressive Jackpot Wager, the dealer shall place the cards of the player face down underneath the optional wagers pending their resolution at the conclusion of the round of play.

 (ii) Has not placed a Flush Bonus, Straight Flush Bonus or Progressive Jackpot Wager, the dealer shall immediately collect the player's cards and place them in the discard rack.

 (d) After each player has either placed a Raise Wager or folded, the dealer shall turn his seven cards face up on the layout. The dealer shall then form the highest ranking flush. If the dealer's hand:

 (1) Does not contain at least a three-card flush, nine high, beginning with the player farthest to the dealer's right who has placed a Raise Wager and continuing around the table in a counterclockwise direction, the dealer shall pay each player's winning Ante Wager in accordance with § 678a.12(a) (relating to payout odds; payout limitation) and return the player's Raise Wager. If a player:

 (i) Also placed a Flush Bonus, Straight Flush Bonus or Progressive Jackpot Wager, beginning with the player farthest to the dealer's right and continuing around the table in a counterclockwise direction, the dealer shall turn the cards of each player face up on the layout and form the highest ranking flush. The dealer shall then settle the player's Flush Bonus, Straight Flush Bonus or Progressive Jackpot Wager in accordance with subsection (e).

 (ii) Did not place a Flush Bonus, Straight Flush Bonus or Progressive Jackpot Wager, the dealer shall collect the player's cards and place them in the discard rack.

 (2) Contains at least a three-card flush, nine high, beginning with the player farthest to the dealer's right and continuing around the table in a counterclockwise direction, the dealer shall then complete the following applicable procedures in succession for each player:

 (i) The dealer shall turn the cards of each player face up on the layout and form the highest ranking flush.

 (ii) The dealer shall then compare the rank of the dealer's hand to the rank of the player's hand. If the player's hand:

 (A) Is higher in rank than the dealer's hand, the player's Ante and Raise Wagers shall be paid out at the odds in § 678a.12(a).

 (B) Is equal in rank to the dealer's hand, the player's Ante and Raise Wagers shall push and be returned to the player.

 (C) Is lower in rank to the dealer's hand, the player's Ante and Raise Wagers shall lose and be collected.

 (e) After settling the player's Ante and Raise Wagers, the dealer shall settle the player's Flush Bonus, Straight Flush Bonus and Progressive Jackpot Wagers as follows:

 (1) For the Flush Bonus Wager, if a player's hand:

 (i) Contains a three-card flush or less, the dealer shall collect the player's losing Flush Bonus Wager.

 (ii) Contains a four-card flush or better as provided in § 678a.6(b) (relating to High Card Flush rankings), the dealer shall pay the winning Flush Bonus Wager in accordance with § 678a.12(b).

 (2) For the Straight Flush Bonus Wager, after settling the player's Ante, Raise and Flush Bonus Wagers, if applicable, the dealer shall configure the player's cards so as to form the highest ranking straight flush as provided in § 678a.6(d). If a player's hand:

 (i) Contains a two-card straight flush or less, the dealer shall collect the player's losing Straight Flush Bonus Wager.

 (ii) Contains a three-card straight flush or higher, as provided in § 678a.6(d), the dealer shall pay the winning Straight Flush Bonus Wager in accordance with § 678a.12(c).

 (3) For the Progressive Jackpot Wager, after configuring the player's cards so as to form the highest ranking straight flush, if the player has a three-card straight flush or a four-card straight flush, depending on the paytable selected by the certificate holder, or higher and has won a progressive payout, the dealer shall:

 (i) Verify that the hand is a winning hand.

 (ii) Verify that the appropriate light on the progressive table game system has been illuminated.

 (iii) Have a floorperson or above validate the progressive payout in accordance with the certificate holder's approved internal control procedures.

 (iv) Pay the winning Progressive Jackpot Wager in accordance with the payout odds in § 678a.12(d). If a player has won a progressive payout that is a percentage of the jackpot amount on the progressive meter, the progressive payout may not be paid from the table inventory container. If a player has won a progressive payout that is not being paid from the table inventory container, the cards of that player must remain on the table until the necessary documentation has been completed.

 (f) After all wagers of the player have been settled, the dealer shall remove all remaining cards from the table and place them in the discard rack in a manner that permits the reconstruction of each hand in the event of a question or dispute.

§ 678a.12. Payout odds; payout limitation.

 (a) A certificate holder shall pay each winning Ante Wager and Raise Wager at odds of 1 to 1.

 (b) A certificate holder shall pay each winning Flush Bonus Wager at the odds in one of the following paytables selected by the certificate holder in its Rules Submission filed in accordance with § 601a.2 (relating to table games Rules Submissions):


Hand Paytable A Paytable B Paytable C Paytable D
Seven-card flush 300 to 1 100 to 1 200 to 1 500 to 1
Six-card flush 100 to 1 20 to 1 60 to 1 50 to 1
Five-card flush 10 to 1 10 to 1 12 to 1 12 to 1
Four-card flush 1 to 1 2 to 1 1 to 1 1 to 1
Hand Paytable E Paytable F Paytable G Paytable H
Seven-card flush 400 to 1 400 to 1 500 to 1 250 to 1
Six-card flush 60 to 1 100 to 1 100 to 1 100 to 1
Five-card flush 12 to 1 10 to 1 10 to 1 10 to 1
Four-card flush 1 to 1 1 to 1 1 to 1 1 to 1

 (c) A certificate holder shall pay each winning Straight Flush Bonus Wager at the odds in one of the following paytables selected by the certificate holder in its Rules Submission filed in accordance with § 601a.2:

Hand Paytable A Paytable B Paytable C Paytable D
Seven-card straight flush 8,000 to 1 1,000 to 1 500 to 1 1,000 to 1
Six-card straight flush 1,000 to 1 500 to 1 200 to 1 500 to 1
Five-card straight flush 100 to 1 100 to 1 100 to 1 100 to 1
Four-card straight flush 60 to 1 75 to 1 60 to 1 60 to 1
Three-card straight flush 7 to 1 7 to 1 8 to 1 8 to 1

 (d) If a certificate holder offers the Progressive Jackpot Wager:

 (1) A winning Progressive Jackpot Wager shall be paid at the following odds:

Hand Paytable A Paytable B
Seven-card straight flush 100% of meter 100% of meter
Six-card straight flush 10% of meter 10% of meter
Five-card straight flush 250 for 1 900 for 1
Four-card straight flush 40 for 1 50 for 1
Three-card straight flush 3 for 1 N/A

 (2) A player shall receive the payout for only the highest straight flush hand formed.

 (3) The rate of progression for the meter used for the progressive payout in paragraph (1) must be in the certificate holder's Rules Submission filed in accordance with § 601a.2. The initial and reset amount must also be in the certificate holder's Rules Submission and be at least $30,000.

 (4) Winning Progressive Jackpot Wagers shall be paid in accordance with the amount on the meter when it is the player's turn to be paid in accordance with § 678a.11(e)(3) (relating to procedure for completion of each round of play).

 (e) Notwithstanding the payout odds in subsections (a)—(c), if specified in its Rules Submission form filed in accordance with § 601a.2, the certificate holder may establish an aggregate payout limit per player per round of play which may not be less than $50,000 or the maximum amount that one patron could win per round when betting the minimum wager, whichever is greater. The aggregate payout limit established may not include winning progressive jackpot wagers.

§ 678a.13. Irregularities.

 (a) A card that is found face up in the shoe or the deck while the cards are being dealt may not be used in that round of play and shall be placed in the discard rack. If more than one card is found face up in the shoe or the deck during the dealing of the cards, all hands shall be void, all wagers shall be returned to the players and the cards shall be reshuffled.

 (b) A card drawn in error without its face being exposed shall be used as though it were the next card from the shoe or the deck.

 (c) If any player or the dealer is dealt an incorrect number of cards, all hands shall be void, all wagers shall be returned to the players and the cards shall be reshuffled.

 (d) If any of the cards dealt to the dealer in High Card Flush is inadvertently exposed prior to each player having either folded or placed a Raise Wager as provided under § 678a.11(b) (relating to procedure for completion of each round of play), all hands shall be void, all Ante and Raise Wagers shall be returned to the players and the cards shall be reshuffled. Notwithstanding the forgoing, any Flush Bonus, Straight Flush Bonus and Progressive Jackpot Wagers shall be settled in accordance with § 678a.11(e).

 (e) If an automated card shuffling device is being used and the device jams, stops shuffling during a shuffle or fails to complete a shuffle cycle, the cards shall be reshuffled.

 (f) If an automated dealing shoe is being used and the device jams, stops dealing cards or fails to deal cards during a round of play, the round of play shall be void, all wagers shall be returned to the players and the cards shall be removed from the device and reshuffled with any cards already dealt.

 (g) If an automated card shuffling device or automated dealing shoe malfunctions and cannot be used, the automated card shuffling device or automated dealing shoe must be covered or have a sign indicating that the automated card shuffling device or automated dealing shoe is out of order placed on the device before any other method of shuffling or dealing may be utilized at that table.

[Pa.B. Doc. No. 16-2116. Filed for public inspection December 9, 2016, 9:00 a.m.]



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