2 CASINO CONTROL COMMISSION PUBLIC MEETING NO

Transcription

1 1 1 STATE OF NEW JERSEY 2 CASINO CONTROL COMMISSION PUBLIC MEETING NO Wednesday, April 11, Atlantic City Commission Offices 11 Joseph P. Lordi Public Meeting Room - First Floor 12 Tennessee Avenue and Boardwalk 13 Atlantic City, New Jersey :40 a.m. to 10:58 a.m Certified Court Reporter: Darlene Sillitoe GUY J. RENZI & ASSOCIATES 20 GOLDEN CREST CORPORATE CENTER STATE HIGHWAY # 33, SUITE TRENTON, NEW JERSEY (609) (800)

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3 2 1 B E F O R E : 2 CASINO CONTROL COMMISSION: LINDA M. KASSEKERT, CHAIR 3 SHARON ANNE HARRINGTON, VICE CHAIR EDWARD J. FANELLE, COMMISSIONER 4 5 PRESENT FOR THE CASINO CONTROL COMMISSION: DARYL W. NANCE, ADMINISTRATIVE ANALYST 6 DANIEL J. HENEGHAN, PUBLIC INFORMATION OFFICER 7 OFFICE OF THE GENERAL COUNSEL: DIANNA W. FAUNTLEROY, GENERAL COUNSEL/EXECUTIVE 8 SECRETARY STEPHANIE OLIVO, SENIOR COUNSEL 9 JACK PLUNKET, LICENSING 10 DIVISION OF GAMING ENFORCEMENT: DEPUTY ATTORNEYS GENERAL 11 TRACY E. RICHARDSON, DEPUTY ATTORNEY GENERAL

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5 3 1 A P P E A R A N C E S : 2 ITEM NO. 3 DARYL W. NANCE, ADMINISTRATIVE ANALYST TRACY E. RICHARDSON, DEPUTY ATTORNEY 3 GENERAL STERNS & WEINROTH, PC 4 DENNIS DALY, ESQ. FOR: BALLY'S PARK PLACE, INC. 5 ITEM NO. 4 DARYL W. NANCE, ADMINISTRATIVE ANALYST 6 TRACY E. RICHARDSON, DEPUTY ATTORNEY GENERAL 7 STERNS & WEINROTH, PC DENNIS DALY, ESQ. 8 FOR: BALLY'S PARK PLACE, INC. 9 ITEM NO. 5 DARYL W. NANCE, ADMINISTRATIVE ANALYST TRACY E. RICHARDSON, DEPUTY ATTORNEY 10 GENERAL KAREN WOSNACK-CHO, ESQ. 11 FOR: RIH ACQUISITION NJ, LLC 12 ITEM NO. 6 STEPHANIE OLIVO, SENIOR COUNSEL TRACY E. RICHARDSON, DEPUTY ATTORNEY 13 GENERAL STERNS & WEINROTH, PC 14 DENNIS DALY, ESQ. FOR: ICAHN ENTERPRISES, LP AND 15 TROPICANA ATLANTIC CITY CORP

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7 4 1 AGENDA PUBLIC MEETING NO April 11, 2012, 10:40 a.m. ITEM PAGE VOTE 3 1 Ratification of the minutes of the 9 9 March 14, 2012, public meeting 4 Ratification of the minutes of the Special 9 10 Meeting of March 26, Applications for casino key employee licenses and/or for qualifications: 6 I Initial casino key employee license Applications: 7 a) Louis Espino b) Patricia T. Nyenmoh-Jarpa II Resubmitted casino key employees License applications: 9 a) Patricia A. Barkley b) Douglas R. Barrett c) Karen F. Brundage-Johnson d) Neil P. Cafone e) Anthony A. Campellone f) Anthony S. Capri g) Sergio M. Casares h) Paul A. Chandler i) Hyang S. Choi j) Dominic Cocuzza k) Vincent A. Dalessandro l) Julia M. Desimone m) Alfred R. Dorazio n) Catherine S. Dow o) Christopher J. Downey p) Dawn V. Duffy q) John R. Evanchik r) Kevin P. Flanagan s) Irma N. Flores t) Thomas J. Hunt, Jr u) Angelo T. Immordino, Jr v) Ronald F. Jengeleski w) Stephen M. Korchan, Jr x) Grant R. Lindle y) Roland T. Marshall z) Gary W. Martin aa) David E. Maxwell bb) Gerald J. McGowan cc) Genevieve McGrath dd) William P. Mills ee) Thomas M. Mooney 11 13

8 25 ff) Taalibeen M. Muhammed 11 13

9 5 1 CONTINUED AGENDA PUBLIC MEETING NO April 11, 2012, 10:40 a.m. ITEM PAGE VOTE 3 2 gg) Richard H. Myers hh) Maria C. Nakeshain ii) William N. Pangoras jj) Robert Randolph, Jr kk) Josue J. Robles ll) Joseph C. Snow mm) Lorraine J. Taylor nn) Kathleen Torres oo) Michael A. Viviano pp) Glenda E. Werleman III Application for casino key employee license and for qualification: 9 a) Joseph Lupo b) Michael R. Rodriguez c) Shepard I. Stein Petition of Bally's Park Place, Inc (d/b/a Bally's Atlantic City) for the issuance of a temporary casino key employee 12 license to Jocelyn A. Allison pursuant to NJSA 5:12-89(e) and to permit her pursuant 13 to NJAC 13:69c-2.6 to assume the duties and exercise the powers of Vice President of 14 Marketing Acquisition without having been found qualified (PRN ) 15 4 Petition of Bally's Park Place, Inc., (d/b/a Bally's Atlantic City) for the 16 issuance of a temporary casino key employee license to Chirag Tasker pursuant to 17 NJSA 5:12-89(e) and to permit her pursuant to NJAC 13:69c-2.6 to assume the duties and 18 exercise the powers of Vice President Marketing Loyalty without having been 19 found qualified (PRN _) 5 Petition of RIH Acquisition NJ, LLC, (d/b/a Atlantic Club Casino Hotel) for the issuance of a temporary casino key employee 21 license to Karen Wosnack-Cho pursuant to NJSA 5:12-89(e) and to permit her pursuant 22 to NJAC 13:69c-2.6 to assume the duties and exercise the powers of Vice President and 23 General Counsel without having been found qualified (PRN ) 24 6 Petition of Icahn Enterprises, LP, and 24 25

10 25 Tropicana Atlantic City Corp., requesting

11 6 1 CONTINUED AGENDA PUBLIC MEETING NO April 11, 2012, 10:40 a.m. ITEM PAGE VOTE 3 6 permission for Sung Hwan Cho to perform the duties and exercise the powers of 4 Chief Financial Officer of Icahn Enterprises, LP, pending plenary qualification 5 (D-PRN ) 7 Petition of Philip Albanese requesting a waiver of post employment restrictions pursuant to NJSA 5:12-60b(2) (PE-09) 7 (PRN ) 8 Petition of Trump Taj Mahal Associates, LP, for the issuance of a temporary casino key employee license to Mark D. Lawless pursuant 9 to NJSA 5:12-89(e) (PRN )

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13 7 1 E X H I B I T S : 2 3 NO. 2 DESCRIPTION ID EVD 4 EL-1 Grant 1 license X Remand for hearing 1 license 5 EL-2 Grant 40 licenses X 6 Remand for hearing 1 license 7 EL-3 Grant 3 licenses X

14 25 (Exhibits retained by Commission.)

15 8 1 (Public Meeting was commenced 2 at 10:40 a.m.) 3 MR. NANCE: Good morning. I'd like to 4 read an opening statement: 5 This is to advise the general public 6 that in compliance with Chapter 231 of the 7 public laws of 1975 entitled "Senator Bryon M. 8 Baer Open Public Meeting Act," the New Jersey 9 Casino Control Commission on April 19, 2011, 10 filed with the Secretary of State at the State 11 House in Trenton an annual meeting schedule. 12 On April 20th, copies were mailed to 13 subscribers. 14 Members of the press will be permitted 15 to take photographs. We ask that this be done 16 in a manner which is not disruptive or 17 distracting to the Commission. 18 The use of cell phones in the public 19 meeting room is prohibited. 20 Any member of the public who wish to 21 address the Commission will be given the 22 opportunity to do so before the Commission 23 adjourns for the day. 24 Please stand for the Pledge of

16 25 Allegiance.

17 9 ITEM NO (The flag salute was recited.) 2 CHAIR KASSEKERT: Good morning. 3 MR. NANCE: Good morning. 4 The matters discussed in closed session 5 were: Employee license matters. 6 The Commissioners approved the March 7 14th, 2012, close-session minutes. 8 Litigation update regarding: Brooks 9 versus Casino Control Commission and Edwards 10 versus Adamar of New Jersey, Inc., et al. 11 Item No. 1, ratification of the minutes 12 of March 14th, 2012, public meeting. 13 VICE CHAIR HARRINGTON: I'll move that 14 we ratify the minutes of March 14th, COMMISSIONER FANELLE: Second. 16 CHAIR KASSEKERT: The motion has been 17 made and seconded. All in favor? 18 (Ayes.) 19 CHAIR KASSEKERT: Opposed? 20 (No response.) 21 CHAIR KASSEKERT: The motion carries. 22 MR. NANCE: Ratification of the minutes 23 of the March 14th Special Meeting -- excuse me. 24 Ratification of the minutes -- the special

18 25 minutes of March 26, 2012.

19 10 ITEM NO. 2 1 VICE CHAIR HARRINGTON: I'll move that 2 we ratify the minutes of the March 26, 2012, 3 Special Meeting. 4 COMMISSIONER FANELLE: Second. 5 CHAIR KASSEKERT: The motion has been 6 made and seconded. All in favor? 7 (Ayes.) 8 CHAIR KASSEKERT: Opposed? 9 (No response.) 10 CHAIR KASSEKERT: The motion carries. 11 MR. NANCE: Item No. 2, applications for 12 casino key employee licenses and for 13 qualification. This agenda item will be 14 entered as Exhibit List 1, 2, and Exhibit List 1 consists of the 16 application of Patricia T. Nyenmoh-Jarpa for 17 initial casino key employee license. 18 Staff and the Division have recommended 19 that this license be granted. 20 VICE CHAIR HARRINGTON: I'll move VICE CHAIR FANELLE: I'll move that we 22 grant the initial key employee license 23 application. 24 VICE CHAIR HARRINGTON: I'll second

20 25 that.

21 11 ITEM NO. 2 1 CHAIR KASSEKERT: The motion has been 2 made and seconded. All in favor? 3 (Ayes.) 4 CHAIR KASSEKERT: Opposed? 5 (No response.) 6 CHAIR KASSEKERT: The motion carries. 7 MR. NANCE: Also for your consideration 8 is the initial casino key employee license 9 application of Louis Espino. 10 The Division has requested that this 11 application be remanded to a hearing. 12 VICE CHAIR HARRINGTON: I will move that 13 we remand for a hearing the key -- casino key 14 employee license application of Louis Espino. 15 COMMISSIONER FANELLE: Second. 16 CHAIR KASSEKERT: The motion has been 17 made and seconded. All in favor? 18 (Ayes.) 19 CHAIR KASSEKERT: Opposed? 20 (No response.) 21 CHAIR KASSEKERT: The motion carries. 22 MR. NANCE: Exhibit List 2 consists of 23 the following 41 resubmitted casino key 24 employee licenses: Patricia A. Barkley,

22 25 Douglas R. Barrett, Karen Brundage-Johnson,

23 12 ITEM NO. 2 1 Neil P. Cafone, Anthony A. Campellone, Anthony 2 S. Capri, Sergio M. Casares, Paul A. Chandler, 3 Hyang S. Choi, Dominic Cocuzza, Vincent A. 4 Dalessandro, Julia M. Desimone, Alfred R. 5 Dorazio, Catherine S. Dow, Christopher J. 6 Downey, Dawn V. Duffy, John R. Evanchik, Kevin 7 P. Flanagan, Irma N. Flores, Thomas J. Hunt, 8 Jr., Angelo T. Immordino, Jr., Ronald F. 9 Jengeleski, Stephen M. Korchan, Jr., Grant R. 10 Lindle, Roland T. Marshall, David E. Maxwell, 11 Gerald J. McGowan, Genevieve McGrith McGrath, excuse me -- William P. Mills, Thomas 13 M. Marney -- Mooney, Taalibdeen M. Muhammed, 14 Richard H. Myers, Maria C. Nakeshian, William 15 N. Pangoras, Robert Randolph, Jr., Josue J. 16 Robles, Joseph C. Snow, Lorraine J. Taylor, 17 Kathleen Torres, Anthony [sic] A. Viviano, 18 Glenda E. Werleman. 19 CHAIR KASSEKERT: I think it was Michael 20 A. Michael Viviano. 21 MR. NANCE: Michael. Yes. Excuse me. 22 Staff and the Division have recommended 23 these licenses be granted. 24 VICE CHAIR HARRINGTON: You did read

24 25 Glenda Werleman? As well.

25 13 ITEM NO. 2 1 MR. NANCE: Werleman. Yes, 2 VICE CHAIR HARRINGTON: Yes. 3 With that, I'll move we grant the 4 resubmitted casino key employee licenses. 5 COMMISSIONER FANELLE: Seconded. 6 CHAIR KASSEKERT: The motion has been 7 made and seconded. All in favor? 8 (Ayes.) 9 CHAIR KASSEKERT: Opposed? 10 (No response.) 11 CHAIR KASSEKERT: The motion carries. 12 MR. NANCE: Also for your consideration 13 is the resubmitted casino key employee license 14 application of Gary W. Martin. 15 The Division has recommended that this 16 license be granted. 17 CHAIR KASSEKERT: Mr. Plunket? 18 MR. PLUNKET: Staff recommends that Mr. 19 Martin be referred to -- be referred to a 20 hearing based on the -- based on the report of 21 the Division of Gaming Enforcement regarding 22 the credit department operations at Borgata. 23 CHAIR KASSEKERT: Thank you. 24 I don't see anyone from the Division.

26 25 Tracy, do you have anything to add on

27 14 ITEM NO. 2 1 this application? 2 MS. RICHARDSON: I'm sorry. Who was the 3 individual? 4 CHAIR KASSEKERT: Gary A. Martin. 5 MS. RICHARDSON: No. I don't, Chair. 6 CHAIR KASSEKERT: Okay. 7 MS. RICHARDSON: I can check on anything 8 you need. 9 CHAIR KASSEKERT: I just wanted to know 10 if the Division wanted to make a statement. 11 Any questions? 12 COMMISSIONER FANELLE: Madame Chair, 13 I'll move to remand for a hearing the 14 resubmitted casino key employee license 15 application of Gary W. Martin. 16 VICE CHAIR HARRINGTON: I'll second 17 that. 18 CHAIR KASSEKERT: The motion has been 19 made and seconded. All in favor? 20 (Ayes.) 21 CHAIR KASSEKERT: Opposed? 22 (No response.) 23 CHAIR KASSEKERT: The motion carries. 24 MR. NANCE: Exhibit List 3 consists of

28 25 the following three initial or resubmitted

29 15 ITEM NO. 2 1 application for casino key employee licenses 2 and for qualification. 3 Staff and the Division have recommended 4 that these applications be granted: Joseph 5 Lupo, Senior Vice President of Operation for 6 Marina District Development Company, LLC. 7 VICE CHAIR HARRINGTON: I will move that 8 we grant the -- I'm sorry. Move that we grant 9 resubmitted key license and qualification for 10 Joseph Lupo. 11 COMMISSIONER FANELLE: Second. 12 CHAIR KASSEKERT: Motion is made and 13 seconded. This is a roll call vote. 14 MR. NANCE: Commissioner Fanelle? 15 COMMISSIONER FANELLE: Yes. 16 MR. NANCE: Vice Chair Harrington? 17 VICE CHAIR HARRINGTON: Yes. 18 MR. NANCE: Chair Kassekert? 19 CHAIR KASSEKERT: Yes. 20 MR. NANCE: The record will reflect that 21 the motion is unanimous. 22 Michael R. Rodriguez, Executive Vice 23 President, Finance and Chief Financial Officer 24 for Tropicana Atlantic City Corporation.

30 25 VICE CHAIR HARRINGTON: I will --

31 16 ITEM NO. 2 1 COMMISSIONER FANELLE: Move that we 2 grant the key license and qualification for 3 Michael R. Rodriguez. 4 VICE CHAIR HARRINGTON: I'll second 5 that. 6 CHAIR KASSEKERT: Motion is made and 7 seconded. This is a roll call vote. 8 MR. NANCE: Commissioner Fanelle? 9 COMMISSIONER FANELLE: Yes. 10 MR. NANCE: Vice Chair Harrington? 11 VICE CHAIR HARRINGTON: Yes. 12 MR. NANCE: Chair Kassekert? 13 CHAIR KASSEKERT: Yes. 14 MR. NANCE: The record will reflect that 15 the information motion is unanimous. 16 Shepard I. Stein, Director of Security 17 for Trop -- for Trump Taj Mahal Associates, 18 LLC. 19 VICE CHAIR HARRINGTON: I move we grant 20 the resubmitted key license and qualification 21 for Shepard I. Stein. 22 COMMISSIONER FANELLE: Second. 23 CHAIR KASSEKERT: Motion is made and 24 seconded. This is a roll call vote.

32 25 MR. NANCE: Commissioner Fanelle?

33 17 ITEM NO. 3 1 COMMISSIONER FANELLE: Yes. 2 MR. NANCE: Vice Chair Harrington? 3 VICE CHAIR HARRINGTON: Yes. 4 MR. NANCE: Chair Kassekert? 5 CHAIR KASSEKERT: Yes. 6 MR. NANCE: The record will reflect that 7 the motion is unanimous. 8 Item No. 3, Petition No of 9 Bally's Park Place, Inc., which is requesting 10 the issuance of a temporary casino key employee 11 license to Jocelyn A. Allison pursuant to NJSA 12 5:12-89(e) and to permit her pursuant to NJAC 13 13:69c-2.6 to assume the duties and exercise 14 the powers of Vice President of Marketing 15 Acquisition without first having been found 16 qualified. 17 CHAIR KASSEKERT: Mr. Daly, good 18 morning. 19 MR. DALY: Good morning, Chair, 20 Commissioners. Glad to see you once again. 21 I'm here covering this particular item 22 for Lynne Hughes. I don't have anything 23 particularly to add. 24 I understand that there's been a

34 25 positive recommendation from the Division, and

35 18 ITEM NO. 3 1 I ask that you approve her temporary 2 qualification. 3 CHAIR KASSEKERT: Thank you. 4 Miss Richardson? 5 MS. RICHARDSON: Good morning. 6 No objection to the temporary key -- 7 CHAIR KASSEKERT: Thank you. 8 Any questions for the parties? 9 COMMISSIONER FANELLE: Madame Chair, 10 I'll move that we approve the petition and 11 issue a temporary key employee license to 12 Jocelyn A. Allison and permit her to assume the 13 duties and exercise the powers of Vice 14 President of Marketing Acquisition for Bally's 15 Park Place, Inc., without first having been 16 found qualified. 17 VICE CHAIR HARRINGTON: I will second 18 that motion. 19 CHAIR KASSEKERT: Motion has been made 20 and seconded. This is a roll call vote. 21 MR. NANCE: Commissioner Fanelle? 22 COMMISSIONER FANELLE: Yes. 23 MR. NANCE: Vice Chair Harrington? 24 VICE CHAIR HARRINGTON: Yes.

36 25 MR. NANCE: Chair Kassekert?

37 19 ITEM NO. 4 1 CHAIR KASSEKERT: Yes. 2 MR. NANCE: The record will reflect that 3 the motion is unanimous. 4 Item No. 4, Petition No , of 5 Bally's Park Place, Inc., is requesting the 6 issuance of a temporary casino key employee 7 license to Chirag Tasker pursuant to NJSA 8 5:12-89(e) and to permit him pursuant to NJAC 9 13:69c-2.6 to assume the duties and exercise 10 the powers of the Vice President Marketing 11 Loyalty without having been found qualified. 12 CHAIR KASSEKERT: Mr. Daly? 13 MR. DALY: Once again, I'm covering for 14 Ms. Hughes and, once again, I understand that 15 the recommendation from the Division is 16 positive. And I ask that you grant the 17 temporary casino key -- casino key employee 18 license. 19 CHAIR KASSEKERT: Thank you. 20 Miss Richardson? 21 MS. RICHARDSON: Again, there's no 22 objection to the application. 23 CHAIR KASSEKERT: Thank you. 24 Any questions?

38 25 VICE CHAIR HARRINGTON: No questions.

39 20 ITEM NO. 5 1 Madame Chair, I move that we approve the 2 petition and issue a temporary key employee 3 license to Chirag Tasker and permit him to 4 assume the duties and exercise the powers of 5 Vice President Marketing Loyalty for Bally's 6 Park Place, Inc., without first having been 7 found qualified. 8 COMMISSIONER FANELLE: Second. 9 CHAIR KASSEKERT: Motion is made and 10 seconded. This is a roll call vote. 11 MR. NANCE: Commissioner Fanelle? 12 COMMISSIONER FANELLE: Yes. 13 MR. NANCE: Vice Chair Harrington? 14 VICE CHAIR HARRINGTON: Yes. 15 MR. NANCE: Chair Kassekert? 16 CHAIR KASSEKERT: Yes. 17 MR. NANCE: The record will reflect that 18 the motion is unanimous. 19 CHAIR KASSEKERT: Thank you. 20 MR. NANCE: Item No. 5, Petition No of RIH Acquisition, New Jersey, LLC, is 22 requesting the issuance of a temporary casino 23 key employee license to Karen Wosnack-Cho 24 pursuant to NJSA 5:12-89(e) and to permit her

40 25 pursuant to NJAC 13:69c-2.6 to assume the

41 21 ITEM NO. 5 1 duties and exercise the powers of Vice 2 President and General Counsel without first 3 being found qualified. 4 MS. WOSNACK-CHO: Good morning. 5 CHAIR KASSEKERT: Good morning. 6 MS. WOSNACK-CHO: Karen Wosnack-Cho of 7 Cho Consulting on behalf of the Petitioner on 8 behalf of myself. 9 (Laughter.) 10 CHAIR KASSEKERT: Anything you would 11 like to add? 12 MS. WOSNACK-CHO: I would ask that you 13 grant the relief requested of my petition. 14 Thank you. 15 CHAIR KASSEKERT: Miss Richardson? 16 MS. RICHARDSON: We have no objection to 17 the application. 18 Thank you. 19 CHAIR KASSEKERT: Thank you. 20 Any questions? 21 COMMISSIONER FANELLE: No. 22 Madame Chair, I'm move we approve the 23 petition and issue a temporary casino key 24 employee license to Karen Wosnack-Cho to permit

42 25 her to assume the duties and exercise the

43 22 ITEM NO. 8 1 powers of Vice President and the General 2 Counsel for RIH Acquisitions, New Jersey, LLC, 3 without first having been found qualified. 4 VICE CHAIR HARRINGTON: I'll second that 5 motion. 6 CHAIR KASSEKERT: Motion has been made 7 and seconded. This is a roll call vote. 8 MR. NANCE: Commissioner Fanelle? 9 COMMISSIONER FANELLE: Yes. 10 MR. NANCE: Vice Chair Harrington? 11 VICE CHAIR HARRINGTON: Yes. 12 MR. NANCE: Chair Kassekert? 13 CHAIR KASSEKERT: Yes. 14 MR. NANCE: The record will reflect that 15 the motion is unanimous. 16 CHAIR KASSEKERT: Congratulations. And 17 I know you never really left, but welcome back. 18 (Laughter.) 19 MS. WOSNACK: Well, thank you. Very 20 much. 21 MR. NANCE: For your consideration, Item 22 No. 8, Petition No of Trump Taj Mahal 23 Associates, LLP, is requesting the issuance of 24 a casino key employee license to Mark D.

44 25 Lawless pursuant to NJSA 5:12-89(e) to permit

45 23 ITEM NO. 8 1 him to assume the duties of Assistant Casino 2 Shift Manager. 3 CHAIR KASSEKERT: Mr. Daly? 4 MR. DALY: No. I'm not on this one. 5 CHAIR KASSEKERT: Oh. 6 MR. DALY: Jumped the gun. 7 MS. OLIVO: I'm not, either. 8 MR. NANCE: Is Mr. Lawless, present or 9 represented? 10 (No response.) 11 MR. NANCE: The staff and the Division 12 have recommended that this petition be granted. 13 COMMISSIONER FANELLE: I'll move that we 14 approve the petition and issue a temporary 15 casino key employee license to Mark D. Lawless 16 and permit him to assume the duties of Casino 17 Assistant Casino Shift Manager for Trump Taj 18 Mahal Associates, LP, pursuant to NJSA 19 5:12-89(e). 20 VICE CHAIR HARRINGTON: I'll second that 21 motion. 22 CHAIR KASSEKERT: A motion is made and 23 seconded. This is a roll call vote. 24 MR. NANCE: Commissioner Fanelle?

46 25 COMMISSIONER FANELLE: Yes.

47 24 ITEM NO. 6 1 MR. NANCE: Vice Chair Harrington? 2 VICE CHAIR HARRINGTON: Yes. 3 MR. NANCE: Chair Kassekert? 4 CHAIR KASSEKERT: Yes. 5 MR. NANCE: The record will reflect that 6 the motion is unanimous. 7 CHAIR KASSEKERT: Thank you. 8 MS. FAUNTLEROY: That's okay. 9 MR. NANCE: Item No. 6, petition of 10 Icahn Enterprises Limited Partners and 11 Tropicana Atlantic City Corp. requesting 12 permission for Sung Hwan Cho to perform the 13 duties and exercise the powers of Chief 14 Financial Officer of Icahn Enterprises, LP, 15 pending plenary qualification. 16 Miss Olivo? 17 MS. OLIVO: Good morning, Chair and 18 Commissioners. 19 A draft resolution has been circulated. 20 Miss Richardson is here for the Division, and 21 Mr. Daly is here for the Petitioner. 22 CHAIR KASSEKERT: Thank you. 23 Mr. Daly? 24 MR. DALY: I've had the opportunity to

48 25 review the draft resolution and urge you to

49 25 ITEM NO. 6 1 adopt it. 2 CHAIR KASSEKERT: Thank you. 3 Miss Richardson? 4 MS. RICHARDSON: Good morning again. 5 DAG Adams submitted a letter April 2nd 6 saying that the Division has no objection to 7 the application. 8 CHAIR KASSEKERT: Thank you. 9 Any questions for the parties? 10 VICE CHAIR HARRINGTON: No questions. 11 Madame Chair, I'll move that we adopt 12 the draft resolution and authorize Sung Hwan on 13 a temporary basis and prior to his plenary 14 qualification to assume the duties and exercise 15 the powers of Chief Financial Officer for Icahn 16 Enterprises, LP, subject to the conditions 17 contained in NJSA 5: c and NJSA 18 5:12-89b(1), and (2), and NJAC 13:69c COMMISSIONER FANELLE: Second. 20 CHAIR KASSEKERT: Motion is made and 21 seconded. This is a roll call vote. 22 MR. NANCE: Commissioner Fanelle? 23 COMMISSIONER FANELLE: Yes. 24 MR. NANCE: Vice Chair Harrington?

50 25 VICE CHAIR HARRINGTON: Yes.

51 26 ITEM NO. 7 1 MR. NANCE: Chair Kassekert? 2 CHAIR KASSEKERT: Yes. 3 MR. NANCE: The record will reflect that 4 the motion is unanimous. 5 CHAIR KASSEKERT: Thank you. 6 MR. DALY: Thank you very much. 7 MS. RICHARDSON: Thank you. 8 MR. NANCE: Item No. 7, Petition of 9 Philip Albanese requesting a waiver of post 10 employment restrictions pursuant to NJSA 11 5:12-60b(2). 12 Miss Fauntleroy? 13 MS. FAUNTLEROY: Thank you. 14 Good morning, Commissioners. 15 Mr. Albanese, former commission 16 inspector, filed a request for waiver of post 17 employment restriction imposed via NJSA 18 5:12-60b(1) through Petition Reference No Pursuant to NJSA 5:12-60b(2), as you 21 know, an exception is permitted to the two-year 22 post employment restriction if an employee is 23 the subject of a reduction in force and upon a 24 finding by the Commission that the requested

52 25 employment does not create an appearance of a

53 27 ITEM NO. 7 1 conflict of interest or in fact constitute a 2 conflict of interest. 3 Mr. Albanese seeks to be employed by 4 Revel. 5 (Conferring.) 6 MS. FAUNTLEROY: Thank you. 7 Revel as a table games dealer. 8 Revel is a new casino licensee. Mr. 9 Albanese was formerly assigned to various 10 properties, of course, none of which what 11 Revel. 12 I have reviewed the request extensively, 13 and it is staff recommendation that you approve 14 his request for post employment waiver as his 15 proposed employment does not constitute a 16 conflict of interest in fact or in appearance. 17 CHAIR KASSEKERT: Thank you. 18 Any questions? 19 COMMISSIONER FANELLE: Madame Chair, 20 I'll move that we approve Philip Albanese's 21 requested relief and waive the post employment 22 restriction to permit Mr. Albanese's employment 23 with Revel Entertainment Group, LLC, as a table 24 games dealer pursuant to NJSA 5:12-60b(2) and

54 25 subject to appropriate registration or

55 28 ITEM NO. 7 1 licensure. 2 VICE CHAIR HARRINGTON: And I am 3 delighted to second that. 4 CHAIR KASSEKERT: Thank you. 5 A motion is made and seconded. All in 6 favor? 7 (Ayes.) 8 CHAIR KASSEKERT: Opposed? 9 (No response.) 10 CHAIR KASSEKERT: The motion carries. 11 MR. NANCE: In accordance with 12 Resolution No , the next closed 13 session of the Commission shall be held on 14 Wednesday, May 9th, 2012, at 9:30 a.m. in the 15 Commission offices. 16 It is now time for the public 17 participation portion of the meeting. 18 CHAIR KASSEKERT: Is there anyone from 19 the public that wishes to be heard? 20 (No response.) 21 CHAIR KASSEKERT: Seeing no one, I'll 22 declare this motion -- this portion of the 23 meeting closed and entertain a motion to 24 adjourn.

56 25 VICE CHAIR HARRINGTON: Move that we

57 29 1 adjourn. 2 COMMISSIONER FANELLE: Second. 3 CHAIR KASSEKERT: The motion has been 4 made and seconded. All in favor? 5 (Ayes.) 6 CHAIR KASSEKERT: Opposed? 7 (No response.) 8 CHAIR KASSEKERT: The motion carries. 9 Thank you. 10 (Public Meeting was adjourned 11 at 10:58 a.m.)

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59 C E R T I F I C A T E I, DARLENE SILLITOE, a Certified Court 6 Reporter and Notary Public of the State of New 7 Jersey, certify that the foregoing is a true 8 and accurate transcript of the proceedings I further certify that I am neither 12 attorney, of counsel for, nor related to or 13 employed by any of the parties to the action; 14 further that I am not a relative or employee of 15 any attorney or counsel employed in this case; 16 nor am I financially interested in the action DARLENE SILLITOE, CCR 20 License No 30XI Dated: April 13, My Notary Commission Expires July 22, ID No

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