SUGARHOUSE HSP GANIING, L.P. COMMONWEALTH OF

d/b/a SUGARHOUSE CASINO 
GAMING IDENTIFICATION 
NO. 1356 
GAMING CONTROL BOARD
IN RE: INTOXICATED PATRON REFERRAL 
INCIDENT 

CONSENT AGREEMENT AND STIPULATION OF SETTLEMENT

THIS CONSENT AGREEMENT AND STIPULATION OF SETTLEMENT
is made and entered into by and between the Of?ce of Enforcement Counsel and
SugarHouse HSP Gaming, L.P. d/b/a SugarHouse Casino (?SugarHouse?). SugarHouse
and OEC collectively are referred to as the ?Parties?; and

WHEREAS, SugarHouse is a limited partnership organized and existing under the
laws of Delaware and at all times referenced herein, has its business of?ce located at 1080
North Delaware Avenue, Philadelphia, PA, 19125. SugarHouse is a Category 2 slot
machine licensee; and

WHEREAS, CEO is the prosecutorial body established by 4 ?lSl7(a2)
and has the power and duty to initiate proceedings for administrative violations of the
Race Horse Development and Gaming Act (Gaming Act) pursuant to
?1517(a.2) (1) of the Act; and

WHEREAS, SugarHouse and OEC, through their authorized representatives, have
investigated the events that are the subject of this Consent Agreement (?Events?), have
conferred extensively on the Events, and now desire to conclusively and amicably resolve

all matters arising out of the Events, and enter into a Consent Agreement before the ?ling

of a Complaint, pursuant to 58 Pa. Code which provides that ?[p]arties may
propose consent agreements at any time prior to the entry of a ?nal order?; and

WHEREAS, pursuant to Condition 1 of the Statement of Conditions to its Category
2 License, signed on September 22, 2009, SugarHouse agreed at all times comply with
any and all provisions of the Race Horse Development and Gaming Act
and any rules, regulations, technical standards or orders in effect as of this date or
later amended or promulgated by the Board?; and

WHEREAS, pursuant to 4 1102(1), the primary objective of the Act to
which all other objectives and purposes are secondary is to protect the public through the
regulation and policing of all activities involving gaming and practices that continue to be
unlawful; and

WHEREAS, pursuant to 4 l202(a)(1), of the Act, the 
Gaming Control Board (?Board?) is responsible for ensuring the integrity of slot machines
and table games and has sole regulatory authority over every aSpect of the authorization,
operation and play of slot machines and table games; and

WHEREAS, pursuant to section 42321.6. of the Board?s Regulations (58 Pa.
Code 42321.6. an individual who has applied for the issuance or renewal of a
license, permit, certi?cation, registration or authorization shall execute a statement of
conditions in the manner and form required by the Board. The execution of the Statement
of Conditions constitutes the acceptance of each provision contained in the Statement of
Conditions; and

WHEREAS, pursuant to section 42321.6. of the Board?s Regulation (58 Pa.

Code ?423 a6. failure to fully comply with any provision contained in an executed

Statement of Conditions constitutes a violation and may result in Board-imposed
administrative sanctions, up to and including revocation, against the individual or entity to
Whom the license, permit, certi?cation, registration or authorization was issued.

WHEREAS, pursuant to Condition 32 of SugarHouse?s executed Statement of
Conditions, SugarHouse agreed to at all times comply with the compulsive and problem
gambling plan submitted to and approved by the Board pursuant to 58 Pa. Code Chapters
501, 503, 511, and 513; and

WHEREAS, Section of SugarHouse?s approved Compulsive and Problem
Gambling Plan dated February 13, 2017, outlines procedures to prevent an intoxicated
patron from gambling at SugarHouse Casino, including training for SugarHouse personnel
(Food and Beverage Team Members) pursuant to the R.A.M.P. (Responsible Alcohol
Management Program) training program; and

WHEREAS, in SugarHouse Casino?s Compulsive and Problem Gambling Plan,
Exhibit (the R.A.M.P. training program) there are a number of speci?c policies and
procedures listed to help prevent a patron from becoming intoxicated including: counting
the number of drinks served; not pushing drinks; serving one drink at a time; checking with
co-workers before serving a patron drinks; watching patrons who order doubles; and
slowing down service; and

WHEREAS, the Parties do not dispute the jurisdiction of the Board; and

WHEREAS, the Parties now seek to enter into this Consent Agreement as an
accord, satisfaction and compromise of any disputed claims and in consideration of the

Parties waiving, releasing, and forbearing any regulatory diSpute; and

WHEREAS, the DEC has not previously entered into a Consent Agreement with
SugarHouse regarding an intoxicated patron being allowed to gamble which impacted the
integrity of gaming therein.

NOW, THEREFORE, the Parties stipulate and agree, and present to the Board for

its consideration, the following:

STIPULATED FACTS

 

On October 31, 2018, the Bureau of Casino Compliance referred a
violation of the Board?s regulations and SugarHouse?s Intemal Controls, Statement of
Conditions, and Compulsive and Problem Gambling Plan. A casino compliance
representative assigned to SugarHouse reported to the CBC that on September 3, 2018, a
patron was arrested at SugarHouse by the State Police and charged with
Public Drunkenness, 18 5505 and Disorderly Conduct, 18 5503(a)(1).
It was alleged in the investigation reports that after spending more than eight hours at
SugarHouse Casino gambling and consuming l7 alcoholic drinks the patron caused a
disturbance at the Pai Gow Tiles game in Pit 2, table TL-ZOS. This conduct was con?rmed
by a surveillance review. The patron was asked to leave the property and, after his initial
refusal, complied and was assisted by a security of?cer toward the main cage to cash out.
The patron and security of?cer were stopped before they arrived at the main cage by a
security supervisor who directed them to go to the security of?ce so that the patron could
be issued a formal eviction prior to cashing out and leaving the casino. When the patron
refused, an altercation occurred and the patron was subdued and handcuffed by the security
supervisor. The patron was reportedly injured during the incident with abrasions to his

face and knee. Security of?cers escorted the patron to the security of?ce where they were

met by State Police, who took custody of the patron. The patron refused
medical treatment. The State Police charged the patron with Public
Drunkenness and Disorderly Conduct. The patron was issued a permanent eviction from
SugarHouse Casino. The patron was escorted from the property and turned over to a third
party. i

This incident was ?rst reported by SugarHouse Security to the BCC at
approximately 9:59 pm. on September 3, 2018. Security reported that they were called to
investigate an intoxicated person at the Pai Gow Tiles game in Pit 2, table The
intoxicated person was ultimately arrested and evicted from SugarHouse Casino.

The SugarHouse Surveillance Department and the BCC conducted a surveillance
review of the patron while at SugarHouse to determine how the patron became so
intoxicated that he caused two disturbances. The surveillance review revealed the patron
entered SugarHouse on September 3, 2018, at 1:40 pm. and, after initially using the
restroom, the patron went to the Pai Gow Tiles game in Pit 2, on table TL-ZOS, at 1:56 pm.
and began play. The patron left the Pai Gow iles game and went to the Lucky Red Bar
where he purchased his ?rst alcoholic drink, a pint of draft beer, at 2:06 pm. and returned
to the Pai Gow Tiles game on table Over the next seven hours the patron was
served 16 more complimentary alcoholic drinks by costumed beverage servers/Sweeties
while he was gaming on the Pai Gow Tiles game at table TL-ZOS and by bartenders at the
Lucky Red Bar. 011 one occasion the patron was served a beer from a fellow patron on the
Pai Gow Tiles game at 3:51 p.111.

The surveillance coverage illustrated that during the more than eight hours at

SugarHouse Casino gambling and consuming l7 alcoholic drinks, the patron shared his

time between playing on the Pai Gow Tiles game on table the Lucky Red Bar and
the restroom, which he visited six times. surveillance review determined that the
patron showed visible signs of intoxication while playing on the Pai Grow Tiles game on
table It was not until he could no longer uphold his head while playing on the Pai
Gow Tiles game that a table games supervisor stopped him from receiving any more
alcoholic drinks and summoned security at 9:38 pm.

SugarHouse personnel violated Board regulations, SugarHouse?s Statement of
Conditions and SugarHouse?s Compulsive and Problem Gambling Plan when they failed
to properly monitor and serve complimentary alcoholic drinks to a patron, allowing the
patron to gamble in an intoxicated state and to cause multiple disturbances resulting in his
arrest. See 58 Pa.Code 58 Pa. Code and SugarHouse- ?3
Statement of Conditions-Condition 32 and Section of SugarHouse?s approved
Compulsive and Problem Gambling Plan, including Exhibit D, the R.A.M.P. training
program.

SugarHouse took disciplinary action against of the beverage server employees
involved in this incident. Coaching notes have been placed in their personnel ?les and they
have been required to attend RAMP and Responsible Gaming training.

HISTORY

On November 9, 2018, OEC conducted a compliance conference with SugarHouse

related to an intoxicated patron incident and RAMP training. SugarHouse has never

received a civil penalty for any intoxicated patron incident.

TERMS OF AGREEMENT

In consideration of the foregoing stipulated facts, and in full and ?nal settlement of
any and all claims, or causes of action which could or might be brought under the Act or
the regulations promulgated thereunder, whether against SugarHouse and/or any of its
owners, employees or agents, arising out of the matters identi?ed in the above stipulated
facts, the Parties do hereby ?uther stipulate and agree that:

1. This Consent Agreement shall become ?nal and effective only upon its
approval by the Board;

2. SugarHouse shall pay a civil penalty in the amount of ?fteen thousand
dollars to the Board;

3. Within ?ve days of the Board?s Order approving this Consent Agreement,
SugarHouse shall pay the Board two thousand ?ve hundred dollars for the
costs incurred by OEC, the BCC and other related staff in connection with this matter;

4. SugarHouse shall reinforce its policies and provide additional training and
guidance to its employees, including additional R.A.M.P. training for its Food and
Beverage Department employees, which will minimize the chance for similar incidents to
occur in the future;

5. If approved, the Board may make information public with respect to the
terms and conditions of this Consent Agreement;

6. This Consent Agreement may be set aside by the Board if any term herein

is violated by SugarHouse;

7. SugarHouse, through their authorized representative whose signature
appears below, has read and fully understands the terms of this Consent Agreement; and

8. This Consent Agreement shall not preclude the Board or OEC from reviewing
and considering any facts in any future proceeding relating to any applications for iieensure
of quali?cations of the licensee. Sugar-House expressly acknowledges and agrees that the
Board reserves the right to take any actions that the Board, in its sole discretion, believes
is necessary to protect the integrity of gaming in including the right to
suspend or revoke any license, approval or permit without limitation if any further
violations occur or are subsequently discovered, all in accordance with the Act and the
regulations promulgated thereunder.

The undersigned consent to the form and entry of the above.

OFFICE OF ENFORCEMENT COUNSEL

Zf/zav/x'e

DATE 

 

Senior Enforce ent ounsel

SUGARHOUSE CASINO
SUGARHOUSE HSP GAMING, L.P.

WCJ Anni 3 20! C1
DATEIS.
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Sugarhouse HSP Gami