Please accept the below recommendation as part of the previously submitted (4/26/21) comments and recommendations of the four Preferred Casino Gaming Operators.  Due to technical difficulties, this recommendation did not appear in the previous submission.

Thank you again for your consideration,

Pamunkey Gaming Authority                          Rivers Casino Portsmouth

Caesars Entertainment                          Hard Rock Hotel & Casino Bristol

Recommendation on revisions to Minimum and Maximum regulation as separately addressed above.

11 VAC 5-90-150 Slot Machines

Subsections K.2. through K.6

2. A slot machine shall have an average a theoretical payout percentage that is between 84 percent and 100 percent.

a. Is 89 percent or more; and

b. Does not exceed 94 percent.

3. Notwithstanding the requirements of subdivision K 2, in no event may a slot machine have a theoretical payout percentage of less than 85 percent.

4. A facility may not make available for play a slot machine with an average payout percentage that exceeds 95 percent without the written approval of the department.

5. A facility’s gaming floor shall be configured to collectively achieve, at all times, an average payout percentage that exceeds 89 percent and does not exceed 94 percent.

6. A facility operator shall, in selecting slot machines and configuring a facility’s gaming floor, rely on the slot machine’s theoretical payout percentage.