Gazette 14 of 17 May 2013 (Special)
Gazette 14 of 17 May 2013 (Special)
Gazette 14 of 17 May 2013 (Special)
Gazette
Provinsiale
Koerant
Provinsie Vrystaat
Published by Authority
Uitgegee op Gesag
SPECIAL
NO. 14
NOTICE
NO. 14
VRYDAG,
17 MEI 2013
[Established i.t.o. the Free State Gambling and Liquor Act 6 of 2010, Section 4(1)]
NOTICE IN TERMS OF
THE FREE STATE GAMBLING AND LIQUOR ACT NO. 6 0F 2010, AS AMENDED
(THE ACT)
LIMITED GAMBLING MACHINE RULES
1.
The Free State Gambling and Liquor Authority under section 134 of the Free State Gambling and Liquor Act,2010(Act 6 of 2010),as
amended, hereby publishes its Limited Gambling Machines(LPMs) Rules as set out in the attached schedule, to be operational with
immediate effect. These Rules shall replace the Limited Gambling Machine Rules issued on 22 August 2008 in terms of the repealed
Free State Gambling and Racing Act,1996(Act 6 of 1996).
2.
These Rules were published for comments in the Special Provincial Gazette number 10 dated 14 May 2012.
Now known as
FREE STATE GAMBLING AND LIQUOR AUTHORITY
In terms of section 134 of the Free State Gambling and Liquor Act, 2010(No 6 of 2010 as amended), the Free State Gambling and Liquor
Authority hereby makes the following Rules
FREE STATE GAMBLING AND LIQUOR AUTHORITY
LIMITED GAMBLING MACHINE RULES
CHAPTER 1
DEFINITIONS
1.1
Definitions
Any word or expression used in these Rules which is defined in the Act or the Regulations made in terms thereof, shall have the meaning ascribed
to it in the Act or Regulations, unless it is otherwise defined in these Rules or the context indicates otherwise. In these Rules, unless the context
indicates otherwise
Act
means the Free State Gambling and Liquor Act, 2010 (Act no 6 of 2010);
Authorised
Authority
Bet
means the amount of credits risked or staked by a player at the commencement or during a gambling game;
Cash
means a physical coin, note, token, ticket, other thing of value, magnetic or smart card or any other representation of
money, used directly or indirectly in the gambling environment;
CEMS
means the Central Electronic Monitoring System, as contemplated in terms of section 27 of the National Gambling Act.
CEMS operator
means an entity operating the CEMS and established in terms of section 27 of the National Gambling Act;
Credits
means the number of betting units standing to the credit of a player displayed on the credit meter of an LPM;
Data collection
means the successful transfer of LPM soft meter and significant event information from an SDL to the CEMS database;
Designated
Area
means the area within an LPM site where LPMs are authorised to be
exposed for play in terms of the approved floor plan;
Dispute
means any unresolved disagreement between a patron and the holder of an LPM operator licence, CEMS operator
licence or an LPM site licence relating to a gambling-related procedure, the outcome of a gambling game or the payment
of winnings alleged to be due;
Double-up
means a gambling option whereby a player may, during a game, risk a previous win, bet or a portion thereof on the
selection of a further outcome;
means a card issued to a licensed or registered employee for use on a single site which
a)
b)
c)
d)
reflects the identifying details of the employee in whose name it has been issued and the name of the site on which it
may be used;
upon insertion thereof into the SKP, activates the LPMs on the site;
via the SDL, is interfaced with the CEMS, which upon insertion and removal of the employee card into the SKP,
records the identity of the relevant employee, and
may be used only by the registered employee and only on the licenced site in respect of which it has been issued and
named on the face thereof;
Fair Play
means the conduct of a gambling game in compliance with all procedures and rules approved for such gambling game;
GamblingRelated
Handle
means the total rand value of all credits bet on an LPM within a specified period;
ICS
means the approved internal control standards of the holder of an LPM operator licence containing the gambling-related
provisions prescribed by the Act or required by the Authority and includes, without limitation, all gambling-related policies,
operating, administrative and accounting procedures and standards to be adhered to by the LPM operator or on a licensed
site;
Incompatible
Function
Independent
Site Operator
means a site operator who is not linked to an LPM operator and is licensed
to own and operate LPM site licences on a single site and is responsible for maintaining LPM site licences effecting the
collection of money and paying the provincial taxes and levies in respect of any LPM site licences under its licence;
Journal entry
Key employee
means the holder of a key employee licence, duly authorised to operate LPMs and responsible for the supervision of the
gambling employees and the gambling activities;
Licensed
Employee
LPM
means a gambling machine outside of a casino in respect of which the stakes and prizes are limited as prescribed
by the National Gambling Regulations; and Limited Gambling Machine shall have a corresponding meaning;
LPM game
means a limited pay-out machine game as contemplated in Regulation 1 of the National Regulations and Limited
Gambling Machine Game shall have a corresponding meaning;
LPM Drop
means the cash or cash equivalent cleared from an LPM for count purposes and Limited gambling machine drop shall have a
corresponding meaning;
LPM Operator
LPM Site
LPM Site Operator
means a Limited Gambling Machine Operator licenced in terms of Section 72 of the Act, and the term Route
Operator shall have a corresponding meaning;
means a licensed premises on which LPMs may be exposed for play in terms of section 73 of the Act, and the term
Limited Gambling Machine Site or LPM Premises" shall have a corresponding meaning.
means a Limited Gambling Machine Site Operator licenced in terms of Section 73 of the Act and the term Site Operator
shall have a corresponding meaning;
means a letter of certification issued by the SABS, certifying that a device or equipment complies with the national norms
and standards applicable thereto.
Logic Area
means a secure cabinet within an LPM that houses the master processing unit and electronic components having the
potential to influence the outcome of the game or the communication between the Limited gambling machine site licences
and the CEMS.
Manufacturer
Multi-game
Software
means gaming software that offers more than one game on a single LPM.
National Act
Premises
owner key
Progressive
Jackpot
Public Area
LPM
RAM
Registered
means a person employed by the holder of an Employee LPM Site licence and registered to perform gambling-related
activities on n LPM Premises.
RTP %
means return to player percentage in respect of LPMs , which is calculated by dividing the total win by the total handle;
SABS
Significant
events
SDL
means a Site Data Logger, which is a device or other intermediate data collector for the CEMS situated on an LPM site
that collects, stores and sends data;
SKP
means a Smart Keypad, which is an input device located on the LPM site, which connects to the SDL and is used to
convey instructions to the SDL;
means an integrated electronic circuit card issued to a patron for use on an LPM as an instrument by means of which
a)
b)
c)
Smart keypad
means an input device located on an LPM site used to convey instructions to the SDL.
Token
means a token redeemable for specified cash amount and issued or sold by a licence holder to patrons for use when
gambling.
Win
means the total rand value of coins, tokens and credits won on an LPM exposed for play.
CHAPTER II
ORGANISATIONAL STRUCTURE, JOBS COMPENDIUM AND INTERNAL CONTROL STANDARDS (ICS)
2.1
Organisational structure
(1)
The LPM operator shall develop, implement and maintain an organisational structure diagram reflecting the
(2)
(a)
(b)
(c)
direct and indirect lines of authority within the organisation, departments and functions, including the LPM sites, and
(d)
titles of each position within the organisation and mandatory departments and functions.
The holder of an LPM operator licence shall not commence any gambling or gambling-related activities prior to the approval of its
organisational structure by the Authority.
(3)
The holder of an LPM operator licence shall not amend or implement any amendments to its approved organisational structure without the
prior written approval of the Authority.
2.2
Jobs compendiums
(1)
The holder of an LPM operator licence shall prepare and maintain a jobs compendium that complies with the provisions of this Chapter
in respect of all personnel and LPM site employees engaged in gambling and gambling-related activities.
(2)
a description of each job, reflected on a separate page, organised by department or function, including
(i)
the position title and the department or division under which it falls;
(ii)
the position titles of the relevant employees head of the department, immediate supervisor and subordinates;
the duties, responsibilities, authority and the limitations in respect of the relevant job; and
(iii)
the duties, responsibilities, authority and the limitations in respect of the relevant job; and
(iv)
where registration is required in respect of the relevant position, the category of registration required to be issued,
(b)
(ii)
between the LPM operator and LPM sites, specifying the duties of each such department and function;
illustrate by position title, the direct and indirect lines of authority within the operation, clearly reflecting a chain of command in
terms of which management and supervisory personnel are held accountable for actions or omissions within their areas of
responsibility;
(c)
reflect primary and secondary supervisory positions, where applicable, within the organisational structures and the operational
functions contemplated in paragraph (a), so as to ensure the continuous authorisation or supervision of all gambling and
gambling-related transactions at all relevant times, and
(d)
reflect the division of responsibility and accountability so as to ensure that no area of responsibility or accountability is so
extensive that it becomes impractical for one employee to monitor or control.
(4)
The holder of an LPM operator licence shall not commence any gambling or gambling-related activities prior to the approval of its jobs
compendium by the Authority.
(5)
The holder of an LPM operator licence shall not amend or implement any amendments to its approved jobs compendium without the prior
written approval of the Authority.
2.3
(1)
Mandatory Departments
The holder of an LPM operator licences organisational structure and jobs compendium shall provide for the following independent
mandatory departments providing for the following categories of staff
(a)
(b)
supervise and manage the overall operation of the Technical Department, and
ensure that the structure and operation of the Technical Department complies with the LPM operators ICS
and the Act;
in its Administration Department
(i)
(ii)
(c)
ensure that gambling-related financial information, including the compilation of weekly tax returns, is accurate
and reliable, and
perform such other functions as are prescribed by the Rules and the LPM operators ICS, and
supervise and manage the overall operation of the Administration Department, and participate in the
appointment and termination of employment of all administrative employees, and
ensure that the structure and operation of the Administration Department complies with the LPM operators
ICS and the Act;
monitor, audit and report on compliance with the LPM operators ICS and the Act, and
(bb)
perform such other functions as are prescribed by the Rules and the LPM operators ICS, and
supervise and manage the overall operation of the Compliance Department, and
(bb)
ensure that the structure and operation of the Compliance Department complies with the LPM operators ICS
and the Act.
(2)
The Authority may approve the combination of certain categories of employees, functions or departments if the LPM operator is able to
demonstrate that there are no incompatible functions and that the proper conduct and effective supervision and control of gambling and
gambling-related activities will not be prejudiced thereby.
(3)
The LPM operator may not outsource any of the functions assigned to its employees in terms of the LPM operators ICS and/or the Act
without the prior written approval of the Authority.
(4)
The LPM operator shall at all times maintain its level of staffing in a manner which ensures the proper operation and effective supervision of
all gambling and gambling-related activities.
(5)
The Authority may order the LPM operator to utilise higher levels of staffing if, in the opinion of the Authority, it is necessary for the proper
conduct and effective supervision and control of any gambling-related activity.
(6)
No person shall simultaneously perform incompatible gambling-related functions allocated to more than one position without the prior written
approval of the Authority.
(7)
The LPM operator shall ensure that only adequately trained and experienced employees are utilised in the positions reflected in the
organisational structure.
(8)
This Rule does not preclude the LPM operator from utilising additional categories of employees or the Authority from ordering the LPM
operator to utilise additional categories of employees where it deems this necessary for the proper conduct and effective supervision
and control of any gambling-related activity.
2.4
LPM Sites
(1)
Licenced or registered employees shall be appointed on each LPM site, who shall during all operating hours
(a)
(b)
(c)
(d)
2.5
Internal audit
(1)
The LPM operator shall appoint an independent internal auditor to perform the internal audit function prescribed by this Rule.
(2)
(b)
the review and evaluation, at least on six-monthly basis, of the LPM operators
(i)
(ii)
on a six-monthly basis
(i)
an assessment of the LPM operators compliance with its ICS and the Act;
(ii)
an assessment of the effectiveness and adequacy of the day-to-day gambling-related operations of the Technical,
Administration and Compliance Departments;
(iii)
a determination of whether the gambling and gambling-related financial and operating information is accurate,
current, timorously generated, complete, valid and reliable, including the reconciliation of such information with tax
returns submitted to the Authority;
a determination of whether all gambling-related taxes are current and accurate;
an assessment of the integrity, adequacy, accuracy and reliability of all gambling-related information and systems,
and
to the degree required by the circumstances, an assessment of the LPM operators compliance with any
operational conditions of the licence imposed by the Authority.
(3)
Where the LPM operator utilises an external auditing company to perform the internal audit function, such company may not also perform
the external audit function.
(4)
The head of the internal audit function shall report directly to the board of directors of the LPM operator or to a committee of the board of
directors.
(5)
The LPM operator must ensure that the persons responsible for the performance of the internal audit function submit and present an
internal audit report to the Office of the Authority within 28 days of the compilation of each six-monthly audit report.
(6)
(7)
any contravention of the LPM operators ICS or the Act revealed by the audit;
all the areas of responsibilities referred to in sub-rule (2)(a) and (b), and
any weaknesses in the LPM operators ICS or the Act revealed by the audit.
In addition to the provisions of sub-rule (6), additional internal audit reports shall be submitted to the Authority relating to
(a)
(b)
The Authority may approve different reporting lines to those prescribed in sub-rule (4) above, upon demonstration by the LPM operator
that there are no incompatible functions.
(9)
All reports shall be in writing and shall be kept for a period of at least two (2) years for Authority inspection.
2.6
ICS
(1)
Every LPM operator shall develop, implement and maintain a written ICS to ensure
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
that gambling-related functions, duties and responsibilities are appropriately segregated and performed in accordance with
sound practices by competent and appropriately qualified employees.
(2)
The LPM operators ICS shall contain only those procedures and provisions required in terms of the Act and such further procedures
and provisions as the Authority may from time to time determine.
(3)
The LPM operator shall not commence any gambling or gambling-related activities prior to the approval of its ICS by the Authority.
(4)
The LPM operator shall not amend its ICS or implement any new or revised policies, procedures or standards contained or required to
be contained in its ICS without the prior written approval of the Authority.
The LPM operator shall submit amendments to its approved ICS in the manner and format determined by the Authority.
(6)
The Authority may order the LPM operator to amend its ICS if in the opinion of the Authority it does not comply with the requirements of
sub-rule (1).
(7)
The LPM operator shall conduct its operations in terms of its ICS.
(8)
If the LPM operator contravenes any provision or procedure of its ICS or omits to amend its ICS within 28 days of receiving an order
from the Authority to do so, such contravention or omission shall be deemed to be a contravention of these Rules.
(9)
The ICS shall clearly distinguish between the LPM operators and LPM sites functions.
(10)
The LPM operator shall immediately inform all its LPM sites in the event of an ICS amendment that the Authority has determined will
have an influence on the operation of the LPM site.
At a minimum the LPM operators ICS shall contain provisions and procedures relating to
(11)
(a)
(b)
(c)
measures for the maintenance of designated areas to ensure compliance with the provisions of the Act;
(d)
control measures to preclude persons under the age of 18 years from having access to designated areas;
(e)
(f)
(g)
the commissioning and de-commissioning of LPMs , including the set up and testing thereof;
(h)
access to all LPM areas, including LPM logic area and SDL access;
(i)
(j)
(k)
the maintenance of LPMs and SDLs, including the detection of LPM, SDL and CEMS malfunctions;
(l)
(m)
the recording and correction of RAM clears, meter wraps and Limited gambling machine site licences soft meter violations;
the detection and investigation of exceptions and unusual events, including
(i)
(ii)
(n)
(o)
the investigation of variances between estimated and LPM drop and the reporting thereof;
(p)
the detection and investigation of LPM RTP percentages that are below 75%;
(q)
(ix)
(x)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
(xi)
(s)
(t)
controls relating to user access levels and rights assigned to persons authorised to access the CEMS;
(u)
the issue, activation and retrieval of employee cards, including password reset;
(v)
the calculation, compilation and verification of the Monthly Gaming Revenue Tax Return, including the verification and
reconciliation of computerised reports used to calculate LPM revenue so as to ensure the integrity and accuracy and the
collection thereof;
(w)
the documentation, investigation and manner of reporting of all breaches of procedure and illegal activities;
(x)
(y)
the date on which the LPM cabinet and game software was received;
(ii)
the serial number assigned to that LPM cabinet by the manufacturer thereof;
(iii)
a unique asset number assigned to that LPM cabinet and game software which shall remain unchanged for the entire
duration of the period during which such LPM is owned by or in the possession of the LPM operator;
(b)
(iv)
(v)
the number assigned to the position of the LPM at the LPM site;
(vi)
the name of the licensed manufacturer of the LPM cabinet and game software;
(vii)
(viii)
(ix)
(x)
(xi)
(xii)
the method and date of disposal of the LPM cabinet and game software;
(xiii)
the total number of LPMs in use at LPM sites and in storage, and
(xiv)
(ii)
a unique asset number assigned to that SDL which shall remain unchanged for the entire duration of the period during
which such SDL is owned by or in the possession of the LPM operator;
3.2
(iii)
the premises or location to which the SDL has been assigned, and
(v)
LPM requirements
(1)
Each LPM shall electronically record, store and send to the CEMS the meter information specified by the applicable SABS standard.
(2)
Each LPM shall electronically record, store and send to the CEMS the following significant event information
(a)
authorised and unauthorised LPM cabinet door, drop box door and banknote storage area open and close;
(b)
authorised and unauthorised access to the LPM logic area while power off;
(c)
(d)
(e)
(3)
(4)
An LPM shall require manual reactivation and shall perform a signature check in the event of
(a)
(b)
(c)
The Technical Department shall maintain all LPMs and SDLs in a good working condition in accordance with the approved norms and
standards for such devices.
(5)
The LPM operator or LPM site shall not possess, install or make available for play any gambling or gambling-related device which has
not been approved by the Authority.
(6)
All LPMs that are exposed for play shall be linked to the CEMS.
(7)
A number shall be assigned to each LPM at the LPM site, which shall be clearly visible on the front of the LPM or LPM base.
(8)
The LPM number referred to in sub-rule (7) shall correspond with the number reflected on the CEMS for that specific LPM.
(9)
3.3
(1)
(a)
(b)
software validation;
(b)
coin acceptance;
(c)
bill acceptance;
(d)
significant events;
(e)
(f)
(2)
document the results of the tests conducted in terms of sub-rule (1) in the format determined or approved by the Authority
and such document shall be signed by a representative from the Technical Department and a licensed or registered
employee of the relevant LPM site, and
(b)
maintain the significant event and meter test documentation, including system reports in respect of the tests contemplated in
sub-rule (1) for a period of at least two (2) years for Authority inspection.
The Technical Department shall immediately update the CEMS reflecting any commissioning, alteration or de-commissioning of
LPMs at the time of such occurrence.
(4)
The Technical Manager shall approve the commissioning, alteration or de-commissioning of all LPMs.
(4)
The LPM operator shall ensure that full data collection has been completed by the CEMS prior to de-commissioning an LPM.
(5)
An LPM may not be exposed for play before the tests referred to in sub-rule (1) have been successfully completed and the
information on the CEMS has been verified as being correct.
(6)
Any change to an LPMs theoretical RTP percentage shall result in such LPM being treated as a different LPM for purposes of
preparing statistical reports.
(7)
In respect of a multi-game LPM, the provisions of this Rule shall apply, with the necessary changes, to each game offered by such
LPM.
3.4
(1)
An LPM shall be powered down and may not be available for play if a malfunction has occurred which
(a)
(b)
affects the integrity of the LPM or CEMS information and which cannot be repaired immediately.
(2)
An LPM shall be removed from the public area in the event that the LPM has been powered down for a period of five (5) working days.
(3)
In the event that data collection has not been performed from an LPM site over a continuous 72-hour period, the Technical
Department shall implement measures to allow the data collection to be performed.
(4)
In the event that the communication malfunction cannot be repaired immediately, the Technical Department shall implement measures
to allow the data collection to be performed.
(5)
The Technical Department shall, if requested in writing by the Authority to do so, immediately disable an LPM for a period determined
by the Authority or until such time as the malfunction has been repaired.
3.5
Maintenance
(1)
The Technical Department shall maintain a detailed maintenance register in respect of all malfunctions and maintenance performed
on LPMs and SDLs.
(2)
Preventative and routine maintenance on an LPM and SDL may be performed only by-
an LPM Technician;
(b)
(c)
Sub-rule (2) does not preclude a licensed or registered employee of the LPM site from performing routine maintenance to ensure the
proper operation of the LPMs on its premises, including attending to coin-in and coin-out errors, bill disputes, hopper fills and cash
collections.
(4)
If a specific malfunction on an LPM recurs on a regular basis, the Technical Department shall attend to the problem.
3.6
RAM clear
(1)
Only representatives of the Technical Department and CEMS operator shall be allowed to perform a RAM clear on an LPM and SDL.
(2)
A RAM clear on an LPM or SDL may be performed only by accessing the logic area of such LPM or secure housing of the SDL.
(3)
Prior to performing a RAM clear on an SDL, the LPM Technician and registered employee shall conduct a clearance on all the
machines and a Clearance Report should be generated on the SDL, which must be signed by both the Technician and the registered
employee and retained by the registered employee for balancing and audit purposes.
(4)
Prior to performing a RAM Clear on an SDL, the LPM Technician must ensure that the LPMs are uninstalled on CEMS and the SDL
and that all data, including events metering data, has been successfully collected.
(5)
After the RAM Clear the Technician will ensure that all LPMs are reinstalled on the CEMS and SDL and are fully functional.
(6)
The Technician will conduct basic functionality and communication evaluations before the LPMs are made available for play.
3.7
(1)
shall not exceed 10% of the total number of gambling devices authorised to be exposed for play in terms of the LPM operators
licence;
(2)
(b)
(c)
The holder of an LPM operator licence may possess additional LPMs in excess of the number prescribed in sub-rule (1)(a) only upon
the prior written approval of the Authority.
Responsibilities
(1)
(b)
(c)
(d)
capture data, other than the data required to be captured by the Technical Department, on the CEMS;
(e)
(f)
(g)
order, receive, secure, issue and be responsible for the storage of all controlled stationery and monitored keys;
(h)
(i)
4.2
Journal entries
(1)
In the event of incorrect information being reflected on the CEMS, the Administration Department shall make printouts prior to and
subsequent to changes being effected thereto, reflecting an audit trail of the amendments made and the reason for such amendments.
(2)
The Administration Department shall request the CEMS operator, in writing on the prescribed Journal Entry Register, to effect the
necessary adjustments.
(3)
All journal entries shall be authorised and signed by the Administration Manager.
4.3
LPM accounting
(1)
The Administration Department shall, on a daily basis, review the CEMS reports used for calculating taxable revenue to verify the
accuracy thereof.
(2)
The Administration Department shall verify that the data contemplated in Rule 3.2(1) and (2) has been collected in respect of all LPMs
within 24 hours of the period allowed for the collection thereof.
(3)
The Administration Department shall immediately inform the Technical Department if the data collection contemplated in sub-rule (2)
has been unsuccessful.
A weekly reconciliation shall be prepared by the Administration Department in respect of the taxable revenue pertaining to all LPMs
exposed for play by the LPM operator.
(5)
All LPM reconciliation procedures and any follow-up actions performed in respect thereof shall be documented and retained for
Authority inspection.
(6)
4.4
Controlled stationery
(1)
The Administration Department shall be responsible for ordering, receiving, storing and issuing the following controlled stationery
(a)
A Machine Book for each LPM, to be used to document each time an LPM is accessed, reflecting the relevant
(i)
LPM site;
(ii)
LPM number;
(iii)
(iv)
(v)
signature and name or employee number of the LPM Technician or licensed or registered LPM site employee
accessing the LPM;
(b)
A Malfunction and Maintenance Register, to be used to document all malfunctions of and maintenance performed on LPMs
and SDLs, recording the relevant
(i)
LPM site;
(ii)
(iii)
(iv)
(v)
(vi)
signatures, names and employee numbers of the LPM Technician and licensed or registered LPM site employee
performing and witnessing the maintenance;
(c)
A RAM Reset Document, to be used in the event of a RAM clear, recording the relevant
(i)
(ii)
LPM number;
(iii)
(iv)
(v)
signatures and names or employee numbers of the LPM Technician and licensed or registered LPM site employee
performing and witnessing the RAM clear;
A Pay-out Register, to be used to document all prescribed payouts made by the LPM site to patrons, recording the relevant
(i)
date of payment;
(ii)
(iii)
patrons name, surname and signature in numerical and word form and
(iv)
signature and name in print hand as well as employee number of the licensed or registered LPM site employee who
made the payout;
(e)
A Dispute Register, to be used to document all patron disputes, including resolved disputes, recording the relevant
(i)
(ii)
nature of the dispute, if there is a value in dispute, it must be recorded in word and numerical value.
(iii)
(iv)
the patrons name, signature and contact details, including telephone number and address;
(v)
(vi)
details regarding the resolution or referral of the dispute, as the case may be, and
(vii)
signature and name in print hand as well as employee number of the licensed or registered LPM site employee to
whom the dispute was reported;
(f)
A Journal Entry Register, to be used to record the detail of all adjustments made to stored data on the CEMS, recording the
relevant
(i)
(ii)
(iii)
(iv)
(v)
(vi)
signatures and names or employee numbers of the Administration Department employee requesting the adjustment
and the Administration Manager authorising the adjustment;
(g)
A User Access Rights Application Form, to be used for the application of user access rights on the CEMS, recording the
relevant
(i)
date of application;
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
signature and name or employee number of the Administration Department employee authorising the
application;
Stationery that requires strict security controls, in that it may represent value in the site, shall be used in numerical sequence
and may only be purchased from a company that has been approved by the Authority and been granted a certificate of
suitability. .
(i)
A Stationery Register, documenting controlled stationery in stock as well as all controlled stationery issued, recording the
relevant
(i)
(ii)
(iii)
signature and name or employee number of the employee receiving the stationery;
(iv)
(v)
(vi)
(vii)
the signatures and names or employee numbers of the licensed or registered employees receiving and issuing the
controlled stationery;
(j)
Monitored Key Control Registers, documenting each time monitored keys or combinations thereof are issued, duplicated or
destroyed, recording the relevant
(2)
(i)
(ii)
(iii)
legible names and signatures of all persons involved in the creation, duplication or destruction of such keys;
(iv)
(v)
(vi)
legible signature and name in print hand as well as employee number of the employee issuing the keys;
(vii)
legible signature and name in print hand as well as employee number of the employee receiving the keys, and
(viii)
All the unused and completed registers contemplated in sub-rule (1) shall be kept in a secure and lockable area controlled by the
Administration Department.
(3)
The issue and receipt of all controlled stationery shall be recorded in a stationery register.
(4)
Information required to be reflected on controlled stationery shall be recorded in ink or such other permanent medium as the Authority
may require or approve.
(5)
Corrections to information recorded on controlled stationery shall be made by drawing a single line through the error and entering the
correct detail whereupon at least one employee involved in the transaction shall append his or her initials alongside the changes,
specifying his or her name and employee ID number.
(6)
on the relevant LPM site, for a period of at least three (3) months from the date of the last entry therein, and
(b)
at its registered office, by the LPM operator for a period of at least two (2) years from the date of the last entry therein for
Authority inspection.
(7)
Notwithstanding the provisions of this Rule, where the LPM operator utilises a computerised system and electronic signature
identification, the Authority may approve different requirements and provisions in respect of controlled stationery, upon demonstration
by the LPM operator to the satisfaction of the Authority that there are sufficient controls in place to ensure the integrity and validity of
the computerised system and the reports generated.
(8)
The LPM operator may combine certain of the registers specified in this Rule with computer-generated reports, provided that the
LPM operator is able to prove to the Authority
(a)
the validity and correctness of the information contained in the registers and reports, and
(b)
4.5
Monitored keys
(1)
The Administration Department shall maintain detailed records in respect of each monitored key that is made, duplicated or destroyed.
(2)
The Administration Department shall receive, secure, issue, control and dispose of the following monitored keys
(a)
(b)
(c)
SDL keys;
(d)
such other keys that are required to be monitored or controlled in terms of the Act and ICS, and
(e)
each duplicate key to the keys contemplated in paragraphs (a) to (d) above.
(3)
All monitored keys shall be kept in a secured area, in such a manner as to prevent unauthorised access thereto.
(4)
Access to the secure area referred to in sub-rule (3) shall be limited to representatives of the Administration Department.
(5)
(6)
Monitored keys shall at all times remain under the control of the custodian of such keys or secured in a manner approved by the
Authority.
(7)
In addition to the provisions of this Rule, the following provisions shall apply with regard to the control of
(a)
Only authorised representatives from the Technical Department shall be allowed access to the logic area keys.
(ii)
Logic area keys may not be kept at the Limited gambling machine site licences site.
SDL keys(i)
(c)
The SDL keys shall be issued only to an LPM Technician or a representative of the CEMS operator.
LPM cabinet door keys may only be issued to a licensed or registered employee of the LPM site or a representative of the
Technical Department.
CHAPTER V
COMPLIANCE DEPARTMENT
5.1
Investigations
(1)
The Compliance Department of the LPM operator shall, on a weekly basis, review the CEMS meter readings and significant events in
order to detect exceptions and unusual events, including
(a)
(b)
(c)
(d)
(e)
variances in excess of R100-00 or 20% per gaming day between actual and metered LPM drop, in the event that the actual
LPM drop counted exceeds the metered drop.
(2)
The Compliance Department shall, on a weekly basis, ensure that the exceptions and unusual events referred to in sub-rule (1) are
investigated.
(3)
The Compliance Department shall inform the Technical Department of any unresolved exceptions and unusual events referred to in subrule (1).
(4)
The Compliance Department shall inform the Administration Department regarding the outcome of the variances contemplated in subrules (1)(d) and (e).
(5)
The results of the investigations referred to in this Rule and the actions taken to prevent a recurrence thereof, shall be documented.
(6)
All reports contemplated in this Rule shall be in writing and kept for a period of at least two (2) years for Authority inspection.
5.2
Audits
(1)
The Compliance Department shall be responsible for the performance of quarterly audits
(2)
(a)
to verify that only approved game and communication software is installed in LPMs;
(b)
(c)
to ensure that access to the CEMS has been allocated to authorised personnel only;
(d)
assessing procedural compliance by the LPM operator and on the LPM site with the Rules and the LPM operators ICS;
(e)
to verify that all employees performing gambling-related functions are correctly registered;
(f)
on the LPM RTP percentages which are below 75% over a continuous 12-month period;
(g)
to ensure that journal entries have been performed correctly and with the necessary authorisation;
(h)
(i)
(j)
Any discrepancies found during the audits referred to in sub-rule (1) shall be investigated and the results and actions taken to prevent a
recurrence thereof shall be documented.
(3)
All reports contemplated in this Rule shall be in writing and kept for a period of at least two (2) years for Authority inspection.
(4)
The Compliance Department shall, on a six-monthly basis, compile or review a risk analysis in respect of the day-to-day gambling and
gambling-related activities conducted by the LPM operator and on LPM sites.
5.3
Reporting requirements
(1)
The Compliance Manager shall report directly to at least the General Manager or Managing Director of the LPM operator.
(2)
The Authority may approve different reporting lines to those prescribed in sub-rule (1) above, upon demonstration by the LPM operator that
there are no incompatible functions.
(3)
The Compliance Department shall, on a monthly basis, provide the Authority with a report reflecting, in respect of the period reviewed
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(4)
The monthly reports, referred to in sub-rule (3), shall be submitted within five (5) working days after the conclusion of every month.
(5)
In addition to the provisions of sub-rule (3), the Compliance Department shall submit additional reports to the Authority relating to
(b)
(c)
instances of possible non-compliance with the provisions of the LPM operators ICS or the Act
All reports contemplated in this Rule shall be in writing and kept for a period of at least two (2) years for Authority inspection.
CHAPTER VI
LPM SITES
6.1
ICS
(1)
The provisions and procedures prescribed in an LPM operators ICS, including its organisational structure and jobs compendium shall
be complied with on all licensed LPM sites on which it exposes LPMs for play.
(2)
No gambling or gambling-related activities shall be conducted on a LPM sites prior to the approval of the relevant LPM operators ICS by
the Authority.
(3)
All operations on an LPM site shall be conducted in terms of the relevant LPM operators ICS.
(4)
A copy of these Rules and the relevant LPM operators ICS shall, at all times be retained on an LPM site.
(5)
If any provision or procedure of the LPM operators ICS is contravened on an LPM site, such contravention shall be deemed to be a
contravention of these Rules, and the LPM operator shall be liable for the penalties prescribed in respect thereof in these Rules, or such
penalties together with such other sanction as the Authority may impose in terms of the Act; provided that
(a)
where the holder of the LPM operator licence to which an LPM site relates does not exercise control over the premises for
the purposes of the contravention, the Authority may require the site owner key employee to pay the penalties stipulated in
these Rules in respect of such contravention, and
(b)
where a penalty is imposed pursuant to paragraph (a), the Authority may exempt the holder of the relevant LPM operator
licence to which the site relates from paying the penalty specified if it is satisfied that that the holder of the relevant LPM
operator licence could not reasonably have prevented the contravention.
(6)
For the purposes of sub-rule (5)(b), an LPM operator may not be regarded as having been unable reasonably to prevent a
contravention where
(a)
the LPM operator has previously been alerted to the commission of a similar contravention on the relevant LPM site;
(b)
the LPM operator has undertaken to take steps to prevent a repetition of similar contraventions on the relevant LPM site, and has not taken sufficient steps to
do so, or
(c)
the same or similar contraventions take place on the relevant LPM site on a regular basis.
If any provision of these Rules is contravened on an LPM site, the provisions of sub-rules (5) and (6) shall apply mutatis mutandis in
respect of the imposition of penalties regarding such contravention.
6.2
(1)
The playing of LPMs on the LPM site shall constitute the secondary form of business provided on such site.
(2)
All business conducted on the LPM site shall be lawful and registered for tax purposes.
(3)
The Authority shall approve the floor plan of the LPM site prior to any gambling activity being conducted on such site.
(4)
The approved floor plan in respect of a LPM site may not be altered without the prior written approval of the Authority.
(5)
The LPM operator or any other person may not, on an LPM site, expose for play LPMs in excess of the maximum number authorised
for such site by the Authority.
(6)
The designated area of an LPM site shall be constructed in such a manner as to ensure restricted access thereto.
a.
The designated area of an LPM site shall not be less than three (3) square meters per LPM, unless otherwise approved by
the Authority.
(7)
The wiring to and from the LPM, SDL and SKP shall be installed in a manner as to prevent tampering therewith.
(8)
The LPM shall not be visible to the general public from outside the LPM site.
(9)
Advertising of gambling on the exterior of an LPM site, other than the display of the corporate logo of the LPM operator, or the adoption
or use of a name in respect of the LPM site which promotes or incorporates a reference to gambling is prohibited.
(10)
All LPMs shall be placed and remain within the designated areas approved by the Authority, unless otherwise prescribed by these
Rules.
(11)
All SDLs and SKPs shall be placed and remain in an area approved by the Authority.
(12)
The LPM operator or any other person on an LPM site shall not expose a LPM for play outside the approved designated area.
6.3
(1)
In the event of an LPM or CEMS malfunction that cannot be repaired immediately, the registered employee on the LPM site shall
immediately inform the LPM operator.
(2)
LPMs that are not exposed for play shall not be stored in a public area.
An LPM may not be stored on an LPM site for a period longer than one (1) month without the prior written approval of the Authority.
(4)
A registered employee on an LPM site shall perform a count of all the LPM drop proceeds at least once every a week and record the
value of the drop proceeds on the CEMS.
(5)
All manual payments made by the LPM site in excess of R200-00, shall be recorded in the prescribed Payout Register.
(6)
All LPMs within the LPM site shall be monitored, observed and supervised by a licensed or registered employee during operating
hours in order to
(a)
(ii)
(iii)
operates an LPM;
(b)
effectively monitor and control the designated area and areas in which the SDL and SKP are placed, and
(c)
ensure that all LPMs and the SDL, and their wiring, are not
(i)
(ii)
(iii)
6.4
Access to LPMs
(1)
Only an authorised registered employee of an LPM operator, a registered employee on an LPM site and a licensed manufacturer may
access an LPM.
(2)
The employee card of the registered employee of the relevant LPM site, shall be inserted in the SKP each time an LPM is accessed.
(3)
The registered employee on an LPM site shall ensure that all doors of the LPM and SDL are secured at all times.
6.5
(1)
The following shall be prominently displayed at the entrance of the designated area of each Limited gambling machine site licence site
(a)
(b)
stating that no persons under the age of 18 are allowed to enter or remain in the designated area;
(ii)
that Responsible Gambling Brochures are available on the LPM site, and
(iii)
providing the information required by the General Rules of the Authority with regard to the National Responsible
Gambling Programme.
(2)
The signage referred to in this Rule shall be in the format determined by the Authority.
(3)
(3)
Each LPM shall have Responsible Gambling stickers required or prescribed by the Authority located in a place visible to patrons.
(4)
The procedure pertaining to the resolution of patron disputes must be conspicuously displayed in the LPM site designated area,
specifying
(a)
(b)
(c)
(d)
6.6
(1)
All monitored keys and controlled stationery must be kept in a secure area on the LPM site or in the possession of a licensed or
registered employee to prevent unauthorised access thereto.
6.7
(1)
A licensed or registered employee at an LPM site shall record all patron disputes in a Dispute Register and immediately perform such
investigations as may be required to resolve the dispute.
(2)
If the investigation contemplated in sub-rule (1) reveals that credits are legally owed to a patron, such credits shall immediately be paid
out at the relevant LPM site.
(3)
The LPM site shall, within 24 hours, inform the LPM operator of any patron dispute arising on such site.
(4)
The LPM operator shall make available a helpline number for the purpose of registering patron disputes.
(5)
The LPM operator shall perform weekly follow-ups in respect of all patron disputes to ensure the resolution thereof.
(6)
In the event that disputes cannot be resolved within 30 days, such disputes may be referred to the Authority for resolution in accordance
with the procedures prescribed by the Regulations.
The LPM operator shall document the information in respect of the follow-ups performed and retain such documentation for a period of
at least two (2) years for Authority inspection.
CHAPTER VII
GENERAL PROVISIONS
7.1
(1)
The offices of the holder of an LPM operator licence, at which its administrative and accounting functions are conducted, shall be based
within the borders of the Free State Province.
7.2
Credit facility
(1)
No person shall directly or indirectly, extend credit, in any form whatsoever, to any person, for the purpose of playing on, or operating,
an LPM.
(2)
For the purposes of this Rule, credit extension includes the advancement of cash by an LPM site, LPM operator or any other person
against a persons credit card, cheque, travellers cheque, money order or any other negotiable instrument whatsoever.
7.3
(1)
No bets in respect of which the stake exceeds the maximum amount prescribed in terms of the Act, may be offered or accepted on an
LPM site.
(2)
No person shall in their own name or on behalf of any third party, offer any prize in excess of or in addition to the maximum prize
prescribed in terms of the Act.
(3)
Progressive jackpots and double-up features are not permitted in respect of LPMs.
(4)
All prizes shall be paid in cash or a cash equivalent approved by the Authority.
7.4
Monetary instruments
(1)
Betting on LPMs may only take place by means of cash or a cash equivalent approved by the Authority.
(2)
Any cash equivalent used by an LPM site for betting is evidence of a debt which that LPM site owes to the person legally in possession
of such cash equivalent.
(3)
The LPM site shall immediately redeem its monetary instrument used for betting, including credits registered on the LPM, for cash or a
cash equivalent upon request of a patron, unless the monetary instrument was obtained or is being used untactful.
SDL controls
(1)
The SDL shall be designed and constructed in a manner to reveal any attempt at tampering therewith.
7.6
Employee cards
(1)
Employee cards shall be issued to and used only by authorised registered employees.
(2)
Prior to accessing an LPM or SDL, a licenced or registered employee shall insert his or her employee card in the SKP.
(3)
Employee cards issued to licensed or registered employees at a LPM site shall be valid only in respect of the specific LPM site.
(4)
Employee cards issued to licensed or registered employees of a LPM operator shall be valid only in respect of the specific LPM site
linked to such LPM operator.
(5)
An employee shall insert a password prior to performing any function or maintenance on an LPM or SDL.
(6)
(7)
An employee card shall immediately be deactivated in the event that it is lost or when the employee to whom it relates has resigned.
(8)
7.7
(1)
(a)
(b)
(c)
the name of the licensed LPM site to which the card relates;
(d)
(e)
(f)
(b)
(c)
(d)
(e)
details of each licensed or registered employee at the site, including the employees
(2)
(i)
(ii)
(iii)
The LPM operator shall, within 5 working days after the conclusion of every month, submit an LPM site and employee
movement report to the Authority specifying, in respect of the preceding month
(a)
(b)
(c)
(d)
(e)
details of all gambling-related employees who left the employment of the LPM operator or ceased employment on an LPM site,
and
(f)
all promotions or demotions in respect of gambling-related employees of the LPM operator or persons registered to be employed
on a LPM site.
(3)
The holder of a site owner key employee licence or registration shall immediately inform the LPM operator of any employee
resignations.
All application forms for access to any gambling-related software, including amendments thereto, shall be signed by a representative
of the Administration Department.
(2)
The User Access Rights Application Form shall clearly indicate the user access rights for which the applicant has applied.
(3)
The LPM operator shall request user access rights on the CEMS to be allocated to authorised licensed or registered employees only.
(4)
The user access rights matrix shall indicate all types of user groups registered on the CEMS and all the user rights allocated to such
users.
(5)
The user access rights matrix shall be approved and signed by the General Manager of the LPM operator, the Administration Manager
and a representative of the Authority.
(6)
Any amendments to the pre-approved user access rights matrix shall be signed by the persons prescribed in sub-rule (5).
(7)
The Administration Department shall request the CEMS operator, in writing, to allocate the employees user rights in terms of the preapproved user access rights matrix by supplying the following information
(8)
(a)
(b)
(c)
(d)
(e)
User access rights on the CEMS shall be allocated to appropriately registered employees and in terms of the user access rights
matrix.
(9)
The prior written approval of the Authority is required in respect of all other persons for whom user access rights are requested on the
CEMS.
(10)
The LPM operator shall immediately inform the CEMS operator of the resignation of any employee, whereupon the relevant
employees user access rights shall be immediately disabled on the CEMS.
7.9
(1)
Only appropriately licensed or registered persons may perform gambling-related functions on behalf of a LPM operator, CEMS operator
or on a licensed LPM site.
(1A)
(b)
(c)
(a)
(b)
(c)
7.9A
Restrictions on advertising
(1)
The holder of any licence issued in respect of an LPM site shall not conduct any interview with or provide any information or any
opportunity to create or reproduce any photographic image to any section or representative of the media, or permit any member of staff
of its business or any other person to conduct such interview or provide such information or opportunity, in relation to -
any details of the contractual arrangement entered into between the primary business conducted on such site or such licence
holder and the holder of the relevant LPM Operator Licence;
(b)
any proposed report, photographic image, article or communication which is intended, or can reasonably be expected to (i)
(ii)
place the particular licensed site to be named, reflected or referred to in any such proposed report, photographic
image, article or communication at any advantage, whether real or perceived, over any other licensed LPM site in
the Province or elsewhere.
(2)
The provisions of this sub-rule shall not preclude the holder of an LPM operator licence from implementing such advertising in respect
of LPM operations or any licensed LPM site, as may be approved by the Authority: Provided that advertising must be consistent with
Part B section 15 of the National Gambling Act.
7.10
Dispensation
(1)
The Authority may approve alternative criteria or procedures other than those prescribed in these Rules, if the LPM operator is able to
prove to the Authority that, notwithstanding such criteria or procedures, there are sufficient controls in place to ensure the integrity of the
operation.
CHAPTER VIII
8.1
(1)
The LPM operator and a site owner key employee, where applicable, shall be guilty of an offence and be liable to
(a)
it fails to comply with the provisions of these Rules or its ICS relating to its organisational structure and jobs
compendium or to implement the organisational structure and jobs compendium approved by the Authority;
(ii)
it fails to comply with the provisions of these Rules or its ICS relating to the keeping or maintaining of any book,
account, record, register, ledger, inventory or other document required to be kept or maintained in terms of these
Rules or its ICS or if such books, accounts, records, registers, ledgers, inventories or other documents are not up to
date or in the correct format, or
(iii)
(b)
it fails to comply with the provisions of these Rules or its ICS relating to any procedure to be followed;
notwithstanding the provisions of sub-rule (1)(a), it fails to comply with the provisions of these Rules or its ICS relating
to
(c)
(2)
(3)
(aa)
(bb)
(cc)
(dd)
credit extension;
(ee)
(ff)
(gg)
journal entries;
it fails to maintain LPMs and the CEMS in accordance with the provisions of the Rules, and
(ii)
it fails to maintain or produce financial records utilised for the purpose of calculating taxable revenue.
In the event of
(a)
a second offence, the penalty referred to in sub-rule (1) shall double, and
(b)
For the purposes of this Rule an LPM operators ICS shall be limited to those provisions of its ICS that are required to be incorporated
into its ICS in terms of the Act.
(4)
The imposition of any penalty in terms of this Rule shall not preclude the Authority from instituting any further or alternative disciplinary
action against an LPM operator or other licence holder.
(5)
All penalties imposed in terms of this Rule shall be payable within 30 days of the imposition of such penalty.
(6)
The Chief Executive Officer of the Authority shall have the competency to impose any penalty in terms of this Rule.
____________________________________________________________________________________________________________________
33
PROVINCIAL GAZETTE
(Published every Friday)
PROVINSIALE KOERANT
(Verskyn elke Vrydag)
Intekengeld (vooruitbetaalbaar)
SUBSCRIPTION: (POST)
INTEKENGELD:
R 19.80
R495.00
R989.90
(POS)
R 19.80
R495.00
R989.90
R 11.70
R 293.00
R 586.00
Advertisement Rates
Advertensietariewe
You are hereby informed that the numbering of the Provincial Gazette
/Tender Bulletin and notice numbers will from 2010 coincide with the
relevant financial year. In other words, the chronological numbering
starting from one will commence on or after 1 April of every year.
________________________________________________________