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1 STATE OF NEW JERSEY 2 CASINO CONTROL COMMISSION 3 - - - - - - - - - - - - - - - - - - - 4 5 PUBLIC MEETING NO. 18-05-09 6 7 - - - - - - - - - - - - - - - - - - - 8 9 Wednesday, May 9, 2018 10 Atlantic City Commission Offices 11 Joseph P. Lordi Public Meeting Room - First Floor 12 Tennessee Avenue and Boardwalk 13 Atlantic City, New Jersey 08401 14 10:39 a.m. to 3:00 p.m. 15 16 17 Certified Court Reporter: Darlene Sillitoe 18 - - - - - - - - - - - - - - - - - - - - - - - - - - - 19 GUY J. RENZI & ASSOCIATES, INC. 20 CERTIFIED COURT REPORTERS & VIDEOGRAPHERS 21 GOLDEN CREST CORPORATE CENTER 22 2277 STATE HIGHWAY #33, SUITE 410 23 TRENTON, NEW JERSEY 08690 24 TEL: (609) 989-9199 TOLL FREE: (800) 368-7652 25 www.renziassociates.com

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1 STATE OF NEW JERSEY

2 CASINO CONTROL COMMISSION

3 - - - - - - - - - - - - - - - - - - -

4

5 PUBLIC MEETING NO. 18-05-09

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7 - - - - - - - - - - - - - - - - - - -

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9 Wednesday, May 9, 2018

10 Atlantic City Commission Offices

11 Joseph P. Lordi Public Meeting Room - First Floor

12 Tennessee Avenue and Boardwalk

13 Atlantic City, New Jersey 08401

14 10:39 a.m. to 3:00 p.m.

15

16

17 Certified Court Reporter: Darlene Sillitoe

18 - - - - - - - - - - - - - - - - - - - - - - - - - - -

19 GUY J. RENZI & ASSOCIATES, INC.

20 CERTIFIED COURT REPORTERS & VIDEOGRAPHERS

21 GOLDEN CREST CORPORATE CENTER

22 2277 STATE HIGHWAY #33, SUITE 410

23 TRENTON, NEW JERSEY 08690

24 TEL: (609) 989-9199 TOLL FREE: (800) 368-7652

25 www.renziassociates.com

2Public Meeting No. 18-05-09 May 9, 2018

www.renziassociates.comGuy J. Renzi & Associates (609) 989-9199

1 B E F O R E :

2 CASINO CONTROL COMMISSION: JAMES T. PLOUSIS, CHAIR

3 SHARON ANNE HARRINGTON, VICE CHAIR ALISA COOPER, COMMISSIONER

4PRESENT FOR THE CASINO CONTROL COMMISSION:

5 DARYL W. NANCE, ADMINISTRATIVE ANALYST DANIEL J. HENEGHAN, PUBLIC INFORMATION OFFICER

6OFFICE OF THE GENERAL COUNSEL:

7 DIANNA W. FAUNTLEROY, GENERAL COUNSEL/EXECUTIVE SECRETARY

8 TERESA M. PIMPINELLI, SENIOR COUNSEL

9OFFICE OF REGULATORY AFFAIRS:

10 GLENN T. MacFADDEN, SUPERVISOR, LICENSING

11 DIVISION OF GAMING ENFORCEMENT: MARY JO FLAHERTY, ASSISTANT ATTORNEY GENERAL

12 DEPUTY ATTORNEYS GENERAL: TRACY E. RICHARDSON, DEPUTY ATTORNEY GENERAL

13 BRIAN C. BISCIEGLIA, DEPUTY ATTORNEY GENERAL JORDAN HOLLANDER, DEPUTY ATTORNEY GENERAL

14 JOANNE BERMAN, DEPUTY ATTORNEY GENERAL LAURA PRICE, DEPUTY ATTORNEY GENERAL

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3Public Meeting No. 18-05-09 May 9, 2018

www.renziassociates.comGuy J. Renzi & Associates (609) 989-9199

1 A P P E A R A N C E S :

2 ITEM NO. 11 TERESA M. PIMPINELLI, SENIOR COUNSEL JORDAN HOLLANDER, DEPUTY ATTORNEY GENERAL

3 LEVIN, PISETZNER & LEVIN JOSEPH A. LEVIN, ESQ.

4 FOR CARMEN MARTINEZ

5 ITEM NO. 12 TERESA M. PIMPINELLI, SENIOR COUNSEL JOANNE BERMAN, DEPUTY ATTORNEY GENERAL

6 BROWNSTEIN, HYATT, FARBER & SCHRECK PACIFICO S. AGNELLINI, ESQ.

7 FOR: CAESARS ENTERTAINMENT CORPORATION

8 ITEM NO. 13 TERESA M. PIMPINELLI, SENIOR COUNSEL JOANNE BERMAN, DEPUTY ATTORNEY GENERAL

9 BROWNSTEIN, HYATT, FARBER & SCHRECK PACIFICO S. AGNELLINI, ESQ.

10 FOR: BALLY'S PARK PLACE, LLC, AND BOARDWALK REGENCY, LLC

11ITEM NO. 14 TERESA M. PIMPINELLI, SENIOR COUNSEL

12 TRACY E. RICHARDSON, DEPUTY ATTORNEY GENERAL

13 FOX ROTHSCHILD, LLP C. J. FISHER, ESQ.

14 FOR: MGM RESORTS INTERNATIONAL

15 ITEM NO. 15 DIANA W. FAUNTLEROY, GENERAL COUNSEL JORDAN HOLLANDER, DEPUTY ATTORNEY GENERAL

16 FOX ROTHSCHILD, LLP NICHOLAS CASIELLO, JR., ESQ

17 FOR: HR ATLANTIC CITY, LLC, AND BOARDWALK 1000, LLC

18ITEM NO. 16 DIANA W. FAUNTLEROY, GENERAL COUNSEL

19 JORDAN HOLLANDER, DEPUTY ATTORNEY GENERAL FOX ROTHSCHILD, LLP

20 NICHOLAS CASIELLO, JR., ESQ FOR: HR ATLANTIC CITY, LLC, AND

21 BOARDWALK 1000, LLC

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4Public Meeting No. 18-05-09 May 9, 2018

www.renziassociates.comGuy J. Renzi & Associates (609) 989-9199

1 A P P E A R A N C E S CONTINUED:

2 ITEM NO. 17 DIANA W. FAUNTLEROY, GENERAL COUNSEL MARY JO FLAHERTY, ASSISTANT ATTORNEY

3 GENERAL TRACY E. RICHARDSON, DEPUTY ATTORNEY

4 GENERAL JORDAN HOLLANDER, DEPUTY ATTORNEY GENERAL

5 FOX ROTHSCHILD, LLP NICHOLAS CASIELLO, JR., ESQ

6 FOR: HR ATLANTIC CITY, LLC, AND BOARDWALK 1000, LLC

7 WINEGARTEN LAW FIRM GEORGE BROOK, ESQ.

8 FOR: TRISTATE PARTNERS, INC.

9 ITEM NO. 18 DIANA W. FAUNTLEROY, GENERAL COUNSEL LAURA PRICE, DEPUTY ATTORNEY GENERAL

10 BROWNSTEIN, HYATT, FARBER & SCHRECK PACIFICO S. AGNELLINI, ESQ.

11 FOR: GOLDEN NUGGET ATLANTIC CITY, LLC, AND FERTITTA ENTERTAINMENT, INC.

12ITEM NO. 19 JAMES T. PLOUSIS, CHAIRMAN

13 ROBERT LOOBY, CHAIRMAN, DEPARTMENT OF NEW JERSEY EMPLOYMENT, HOMELESSNESS AND

14 EDUCATION

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5Public Meeting No. 18-05-09 May 9, 2018

www.renziassociates.comGuy J. Renzi & Associates (609) 989-9199

1 AGENDA PUBLIC MEETING NO. 18-05-09

2 May 9, 2018, 10:39 a.m.ITEM PAGE VOTE

3 1 Ratification of the minutes of the April 17 18 11, 2018, public meeting

4 2 Applications for initial casino key employee licenses:

5 a) Joseph A. Lopresti 19 20 b) Liz E. Quinones 18 19

6 c) Tiffany R. Spearance 18 193 Applications for resubmitted casino key

7 employee licenses: a) Michael Decarlo 20 21

8 b) Steven J. Ebner 20 21 c) Harry Flores 20 21

9 d) Phyllis J. Guerra 20 21 e) Charles R. Helder, Jr. 20 21

10 f) Patricia L. Hollie 20 21 g) John Leach, Jr. 21 22

11 h) Grant R. Lindle 20 21 i) David E. Manning 20 21

12 j) Gerald J. McGowan 20 21 k) Patricia M. O'Brien 20 21

13 l) Melissa Ortiz 20 21 m) Michael E. Rinehart 20 21

14 n) Christopher J. Shea 20 21 o) Manuela S. Zingarelli 20 21

15 4 Applications for casino key employee licenses and for qualification:

16 a) Alan J. Greenstein Adj b) Domenic R. Palmiere 22 23

17 c) Mark J. Sachais 23 245 Approvals through Delegation of Authority 24

18 between April 9, 2018, and May 7, 2018, pursuant to Resolution No. 17-01-11-11C

19 6 Requests for inactivation of casino key 25 26 employee licenses:

20 a) Mark S. Berardi b) John D. Durney, Jr.

21 c) Laurie A. Hale d) Matthew P. Hosford

22 e) Kevin S. Hunt f) Eric J. Matejevich

23 g) Richard W. Ostrander h) Noemi Pagan

24 i) Maggie Rohe-Miller j) Allison Sica

25

Public Meeting No. 18-05-09 May 9, 2018

www.renziassociates.comGuy J. Renzi & Associates (609) 989-9199

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1 CONTINUED AGENDA PUBLIC MEETING NO. 18-05-09

2 MAY 9, 2018, 10:39 a.m.ITEM PAGE VOTE

3 6 k) Suzzanne M. Sylvia 25 26

4 l) Kevin L. Walls m) Dinel V. White

5 7 Consideration of the lapse of casino key 26 28 employee licenses:

6 a) Joseph D. Bowen, Jr. b) Richard J. Byrne

7 c) Carlos Solorzano d) Michael Vitale

8 e) Bathsheba Z. Zareno 28 29 8 Consideration of the initial application

9 of La-Quai McKinnis for a casino key employee license (DKT 18-0003-CK) 30 31

10 9 Stipulation of Settlement in the initial application of Svapnil S. Desai for a

11 casino key employee license (DKT 18-0004-CK)

12 10 Stipulation of Settlement in the initial 31 32 application of Rockelle D. Grant for a

13 casino key employee license (DKT 18-0006-CK)

14 11 Application for suspension in State v. 202 226 Carmen Martinez (DKT 18-0009-RC)

15 12 Consideration of the plenary 33 35 qualification of Matthew J. Ferko to

16 serve as a member of the Board of Directors and Audit Committee of Caesars

17 Entertainment Corporation13 Consideration of the plenary 36 38

18 qualification of Melvin Gomez to serve as Vice President Hotel Operations of

19 Bally's Park Place, LLC, and Boardwalk Regency, LLC

20 14 Consideration of the plenary 38 41 qualification of Scott L. Howitt to

21 serve as the Senior Vice President and Chief Information Security Officer of

22 MGM Resorts International15 Petition of HR Atlantic City, LLC, and 45

23 Boardwalk 1000, LLC, for the issuance of temporary casino key employee licenses

24 and for permission for the following25

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1 CONTINUED AGENDA PUBLIC MEETING NO. 18-05-09

2 MAY 9, 2018, 10:39 a.m.3 ITEM PAGE VOTE

15 individuals to assume the duties and4 exercise the powers of their respective

position, pending qualification:5 a) Calvin Abercrombie 45 48

b) Grace Chow 45 486 c) Bernard Dillon 45 49

d) Robert Lee 45 507 e) Todd Moyer 45 51

f) David Polizi8 16 Consideration of the qualification of

the following individuals in connection9 with the petition of HR Atlantic City,

LLC, and Boardwalk 1000, LLC, for the10 issuance of casino licenses (PRN

1011805)11 a) James F. Allen 51 58

b) Robert Allen 51 5912 c) Frank E. DiCola, Jr. 51 60

d) Diane Dixon 51 5913 e) Robert J. Ellis, III 51 61

f) Robert L. Gips 51 6214 g) Thomas J. Gispanski 51 63

h) Carla A. Gopher 51 6415 i) Matthew A. Harkness 51 64

j) Henry W. Hornbostel 51 6516 k) Michael D. Jingoli 51 66

l) Joseph R. Jingoli, Jr. 51 6717 m) Paul Juliano 51 67

n) Alexander P. Johns 51 6818 o) Donald Kneisel, II 51 69

p) Jon S. Lucas 51 7019 q) Jack Morris 51 71

r) Agnes Billie-Motlow 51 7120 s) Michael D. Rumbloz 51 72

t) Michael Sampson 51 7321 u) James Shore 51 74

v) Joseph Watson 51 7522 w) Connie Whidden Petition of HR 51 76

17 Atlantic City, LLC, and Boardwalk 1000,23 LLC, for the issuance of casino

licenses and for various rulings in24 connection therewith (PRN 1011805)

James F. Allen, Sworn 9125 Matthew Harkness, Sworn 158

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1 CONTINUED AGENDA PUBLIC MEETING NO. 18-05-09

2 MAY 9, 2018, 10:39 a.m.ITEM PAGE VOTE

3 18 Petition of Golden Nugget Atlantic 41 44 City, LLC, and Fertitta Entertainment,

4 Inc., for the issuance of a temporary casino key employee license for DonnaF.

5 Ward and permission for her to assume the duties and exercise the powers of

6 the office of Vice President of Sales, Catering and Convention Services

7 pending plenary qualification (PRN 1238301)

8 19 Resolution of the Casino Control 12 15 Commission acknowledging the American

9 Legion as Co-Sponsor of the Veterans' Casino Career Fair hosted by the

10 Commission on April 19, 2018 Bob Looby, Chairman, 16

11 Department of New Jersey Employment, Homelessness

12 And Education13141516171819202122232425

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1 E X H I B I T S :2 ITEM NO. 17

Petition of HR Atlantic City, LLC, and Boardwalk 1000,3 LLC, for the issuance of casino licenses and for

various rulings in connection therewith (PRN 1011805)4

DIVISION DESCRIPTION ID EVD5 D-1 Atlantic City, LLC, and Boardwalk 1000, X

LLC, for the issuance of Casino6 Licenses and for Various Rulings in

Connection Therewith (PRN 1011805)7 Qualifications of Boardwalk 1000, LLC,

Hard Rock Tristate AC, LLC, HR Atlantic8 City Investor, LLC, and HR Atlantic

City Lender, LLC, 5-17-189 40 pages plus Exhibits A through H

(REDACTED)10 D-2 DGE Report to the Casino Control X

Commission on the Petition of HR11 Atlantic City, LLC, and Boardwalk 1000,

LLC, for the issuance of Casino12 licenses and for various rulings in

connection therewith (PRN 1011805)13 Qualifications of HR Atlantic City,

LLC, 5-16-1814 21 pages plus Exhibits A through G

(REDACTED)15 D-3 DGE Report to the Casino Control X

Commission on the Petition of HR16 Atlantic City, LLC, and Boardwalk 1000,

LLC, for the Issuance of Casino17 Licenses and for Various Rulings in

Connection Therewith (PRN 1011805)18 Qualifications of Seminole HR Holdings,

LLC, SHRE/SHRI, LLC, and Seminole Hard19 Rock Entertainment, Inc., 5-16-18,

32 pages plus Exhibits A through D.20 (REDACTED)

D-4 DGE Report to the Casino Control X21 Commission on the Petition of HR

Atlantic City, LLC, and Boardwalk 1000,22 LLC, for the Issuance of Casino

Licenses and for Various Rulings in23 Connection Therewith (PRN 1011805)

Qualification of Tristate Partners,24 LLC, 5-16-18

7 pages plus Exhibits A through C25 (REDACTED)

Public Meeting No. 18-05-09 May 9, 2018

www.renziassociates.comGuy J. Renzi & Associates (609) 989-9199

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1 E X H I B I T S CONTINUED:2 DIVISION DESCRIPTION ID EVD

D-5 DGE Supplemental Report, Petition of X3 HR Atlantic City, LLC, and Boardwalk

1000, LLC, for the Issuance of Casino4 Licenses and for Various Rulings in

Connection Therewith (PRN 1011805) Re:5 The Election of Call Rights, 5-2-18

2 pages6 D-6 DGE Supplemental Report Petition of HR X

Atlantic City, LLC, and Boardwalk 1000,7 LLC, for the Issuance of Casino

Licenses and for Various Rulings in8 Connection Therewith (PRN 1011805) Re:

An amendment to the Operating Agreement9 of Seminole HR Holding, LLC, 5-2-18

2 pages10 D-7 DGE Director Order Re: Permissible X

Square Footage in Response to PRN11 1011804

2 pages1213 PETITIONERS DESCRIPTION

P-1 Hard Rock Brand Video X14 P-2 Hard Rock Philanthropy Video X

P-3 to Renderings X15 P-3016171819202122232425

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1 (Public Meeting 18-05-09 was commenced2 at 10:39 a.m.)3 MR. NANCE: Good morning. I'd like to4 read an opening statement:5 This is to advise the general public6 that in compliance with Chapter 231 of the7 public laws of 1975 entitled "Senator Bryon M.8 Baer Open Public Meeting Act," the New Jersey9 Casino Control Commission on December 19th,

10 2017, filed with the Secretary of State at the11 State House in Trenton an annual meeting12 schedule. On December 1st, 2017, copies were13 mailed to subscribers.14 Members of the press will be permitted15 to take photographs. We ask that this be done16 in a manner which is not disruptive or17 distracting to the Commission.18 The use of cell phones in the public19 meeting room is prohibited.20 Any member of the public who wish to21 address the Commission will be given the22 opportunity to do so before the Commission23 adjourns for the day.24 Please stand for the Pledge of25 Allegiance.

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1 ITEM NO. 192 (The Flag Salute was recited.)3 MS. FAUNTLEROY: Good morning all.4 When I call your name, please answer for5 the record, please.6 Commissioner Cooper?7 COMMISSIONER COOPER: Present.8 MS. FAUNTLEROY: Vice Chair Harrington?9 VICE CHAIR HARRINGTON: Yes.

10 MS. FAUNTLEROY: And Chairman Plousis?11 CHAIR PLOUSIS: Present.12 MS. FAUNTLEROY: Matters discussed in13 closed session this morning included employee14 license matters. And ratification of the15 minutes of the April 11, 2018, closed session.16 With your permission, Mr. Chairman, I'd17 like to call the agenda out of order and call18 order forward Item No. 19, which is the19 Resolution of the Casino Control Commission20 acknowledging the American Legion as Co-Sponsor21 of the Veterans' Casino Career Fair hosted by22 the Commission on April, 19, 2018.23 CHAIR PLOUSIS: Thank you.24 This is Resolution 18-05-09-19. The25 Resolution of the Casino Control Commission

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1 ITEM NO. 192 acknowledging the American Legion's Co-Sponsor3 of the Veterans Casino Career Fair hosted by4 the Commission on April 19th, 2018.5 Whereas, the American Legion is a6 patriotic veterans organization chartered by7 Congress in 1919 and devoted to mutual8 helpfulness and is the nation's largest wartime9 veterans service organization and;

10 Whereas, the American Legion is11 committed to mentoring youth and wholesome12 programs in our community, advocating13 patriotism and honor;14 Whereas, the veterans in New Jersey is15 estimated at over 350,000 and;16 Whereas, the unemployment rate for17 veterans is higher for nonveterans than at both18 the national and state level;19 Whereas, veterans have a unique set of20 skills, have proven their dedication and21 reliability and know how to lead and follow22 direction;23 Whereas, the American Legion partnered24 with the Casino Control Commission last month25 to organize and sponsor a casino career fair to

Public Meeting No. 18-05-09 May 9, 2018

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1 ITEM NO. 192 encourage the gaming industry to "bet on a vet"3 and;4 Whereas, approximately 175 veterans and5 spouses attended the job fair, met with6 representatives of all the operating casinos7 and the two proposed facilities pending8 licensing and met with several service9 providers who provided additional assistance to

10 veterans and their families;11 Now, therefore be it revolved that the12 Casino Control Commission extends its sincere13 gratitude to the American Legion for the14 support of the casino career fair and for its15 tireless efforts to provide assistance to our16 fellow Americans who served this country in17 uniform in times of conflict;18 Be it further resolved that this19 resolution be placed in the record as a20 commemoration of their support and21 appreciation.22 Mr. Looby? Are you here?23 MR. LOOBY: Yes, sir.24 CHAIR PLOUSIS: Oh. Present and25 accounted for, sir?

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1 ITEM NO. 192 Can you come up? And we want to present3 this to you.4 Commissioners?5 MS. FAUNTLEROY: You want to call the6 vote, Mr. Chairman?7 CHAIR PLOUSIS: Oh, I'm sorry. Yeah.8 Roll call, please.9 MS. FAUNTLEROY: Commissioner Cooper?

10 COMMISSIONER COOPER: Yes.11 MS. FAUNTLEROY: Vice Chair Harrington?12 VICE CHAIR HARRINGTON: Yes.13 MS. FAUNTLEROY: And Chairman Plousis?14 CHAIR PLOUSIS: Yes.15 Bob, I didn't see you in front there.16 I'm sorry. I was looking for you. That's what17 threw me off.18 MR. LOOBY: That's why I put the cap on,19 Mr. Chair.20 CHAIR PLOUSIS: You're out of uniform21 there.22 (Laughter.)23 (Photographs were taken.)24 MR. HENEGHAN: All right.25 CHAIR PLOUSIS: Thank you, there, sir.

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1 ITEM NO. 192 You want to say few words?3 MR. LOOBY: Yes, please.4 CHAIR PLOUSIS: The floor is all yours.5 MR. LOOBY: Yes. Thank you, Mr.6 Chairman, Commissioners, et cetera. And I'd7 especially like to thank the Chairman for8 having all you here just to hear this9 resolution. You know, thank you very much.

10 (Laughter.)11 MR. LOOBY: If I can say a couple words,12 I believe the Chairman -- and he knows this,13 too -- made the right choice when he came to14 the American Legion. Because this was our15 national job fair since 2011. In fact, we had16 a dedicated longshoremen event just a short17 time ago where 400 veterans -- yeah -- received18 jobs. So again, thank you very much.19 And since I do have the stage, if you20 would, a couple words about the Chairman.21 Yeah. Chairman Plousis is not new, you know,22 to Veterans Affairs. When he was the State23 Parole Board Chairman, where a lot of you may24 not know, he approached the then state25 commander at Christmastime of 2010 and asked if

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1 ITEM NO. 12 we would be interested in helping, you know,3 veteran parolees. And not just parolees, since4 he was the Chairman of a state patrol board,5 but all veterans. And, of course, the state6 commander at the time said, naturally. So from7 then until now, it's been a beautiful, you8 know, relationship, Mr. Chair. And I'm glad9 you brought your new team on board, even though

10 I know they were veterans' advocates, you know,11 from the start.12 So thank you very much, and I do accept13 this on behalf of the American Legion.14 CHAIR PLOUSIS: Thank you, Commander.15 MR. LOOBY: Thank you all.16 (Applause and photographs.)17 MS. FAUNTLEROY: Mr. Chairman, you have18 the folder?19 Daryl, the folder.20 VICE CHAIR HARRINGTON: Folder.21 MS. FAUNTLEROY: Agenda Item No. 1 for22 your consideration is the ratification of the23 minutes of the April 11, 2018, public meeting.24 CHAIR PLOUSIS: Is there a motion?25 VICE CHAIR HARRINGTON: I move that we

Public Meeting No. 18-05-09 May 9, 2018

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1 ITEM NO. 22 ratify the minutes of April 11, 2018.3 CHAIR PLOUSIS: Is there a second?4 COMMISSIONER COOPER: I'll second that.5 CHAIR PLOUSIS: Any discussion?6 (No response.)7 CHAIR PLOUSIS: Hearing none, all in8 favor?9 (Ayes.)

10 CHAIR PLOUSIS: Opposed?11 (No response.)12 CHAIR PLOUSIS: Ayes have it.13 MS. FAUNTLEROY: Thank you.14 Item No. 2 are applications for initial15 casino key employee licenses. They are16 identified on the agenda as 2a through c.17 I will call -- with respect to Items B18 and C, there are no objection. Staff has19 reviewed the matter and recommend that those20 licenses be granted.21 CHAIR PLOUSIS: Are there any questions22 regarding either of these matters?23 (No response.)24 CHAIR PLOUSIS: If none, is there a25 motion?

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1 ITEM NO. 22 COMMISSIONER COOPER: Mr. Chairman, I3 move to grant the two initial casino key4 employee licenses.5 CHAIR PLOUSIS: Is there a second?6 VICE CHAIR HARRINGTON: Second.7 CHAIR PLOUSIS: Any other discussion?8 (No response.)9 CHAIR PLOUSIS: Hearing none, all in

10 favor?11 (Ayes.)12 CHAIR PLOUSIS: Opposed?13 (No response.)14 CHAIR PLOUSIS: Ayes have it.15 MS. FAUNTLEROY: 2a, Joseph A. Lopresti.16 An objection has been raised by the Division.17 Staff has reviewed that matter and do18 recommend that you refer that to conference,19 please.20 CHAIR PLOUSIS: Are there any questions?21 (No response.)22 CHAIR PLOUSIS: Hearing none, is there a23 motion?24 COMMISSIONER COOPER: Mr. Chairman, I25 move to remand for a hearing the initial casino

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1 ITEM NO. 32 key employee license application of Joseph A.3 Lopresti.4 CHAIR PLOUSIS: Is there a second?5 VICE CHAIR HARRINGTON: Second.6 CHAIR PLOUSIS: Any further discussion?7 (No response.)8 CHAIR PLOUSIS: Hearing none, all in9 favor?

10 (Ayes.)11 CHAIR PLOUSIS: Opposed?12 (No response.)13 CHAIR PLOUSIS: Ayes have it.14 MS. FAUNTLEROY: Thank you.15 Item No. 3 are applications for16 resubmitted casino key employee licenses17 identified on the agenda as 3a through o.18 There is an objection has been raised19 with respect to G. So that matter will be20 called separately.21 The remaining items, no objection, and22 we recommend that those resubmissions be23 granted.24 CHAIR PLOUSIS: Are there any questions25 regarding any of these matters?

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1 ITEM NO. 32 (No response.)3 CHAIR PLOUSIS: Hearing none, is there a4 motion?5 VICE CHAIR HARRINGTON: I move that we6 grant the 14 resubmitted casino key employee7 licenses.8 CHAIR PLOUSIS: Is there a second?9 COMMISSIONER COOPER: I'll second that.

10 CHAIR PLOUSIS: Any further discussion?11 (No response.)12 CHAIR PLOUSIS: Hearing none, all in13 favor?14 (Ayes.)15 CHAIR PLOUSIS: Opposed?16 (No response.)17 CHAIR PLOUSIS: Ayes have it.18 MS. FAUNTLEROY: Item 3g is John Leach,19 Jr. Again, as noted, an objection has been20 raised. Staff has reviewed it and do recommend21 that you remand that matter.22 CHAIR PLOUSIS: Are there any questions?23 (No response.)24 CHAIR PLOUSIS: Hearing none, is there a25 motion?

Public Meeting No. 18-05-09 May 9, 2018

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1 ITEM NO. 42 VICE CHAIR HARRINGTON: I move that we3 remand for a hearing the resubmitted casino key4 employee license application of John Leach, Jr.5 CHAIR PLOUSIS: Is there a second?6 COMMISSIONER COOPER: I'll second that.7 CHAIR PLOUSIS: Any further discussion?8 (No response.)9 CHAIR PLOUSIS: Hearing none, all in

10 favor?11 (Ayes.)12 CHAIR PLOUSIS: Opposed?13 (No response.)14 CHAIR PLOUSIS: Ayes have it.15 MS. FAUNTLEROY: Item No. 4 are16 applications for a casino key employee licenses17 and for qualification.18 The first item, Alan J. Greenstein, has19 been adjourned.20 The second is Domenic R. Palmiere as21 President of Marketing for Tropicana Atlantic22 City Corporation.23 CHAIR PLOUSIS: Are there any questions?24 (No response.)25 CHAIR PLOUSIS: Hearing none, is there a

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1 ITEM NO. 42 motion?3 COMMISSIONER COOPER: Mr. Chairman, I4 move to grant resubmitted key license and5 qualification.6 CHAIR PLOUSIS: Any further discussion?7 (No response.)8 CHAIR PLOUSIS: Hearing none, all in9 favor?

10 VICE CHAIR HARRINGTON: Second.11 CHAIR PLOUSIS: Aye.12 Oh, I'm sorry.13 VICE CHAIR HARRINGTON: Second.14 CHAIR PLOUSIS: Opposed?15 (No response.)16 CHAIR PLOUSIS: Ayes have it.17 MS. FAUNTLEROY: A roll call vote.18 Commissioner Cooper?19 COMMISSIONER COOPER: Yes.20 MS. FAUNTLEROY: Vice Chair Harrington?21 VICE CHAIR HARRINGTON: Yes.22 MS. FAUNTLEROY: And Chairman Plousis?23 CHAIR PLOUSIS: Yes.24 MS. FAUNTLEROY: The next item under No.25 4 is Mark J. Sachais as Vice President of Hotel

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1 ITEM NO. 52 Operations for DGMB and Resorts Casino, LLC.3 CHAIR PLOUSIS: Are there any questions?4 VICE CHAIR HARRINGTON: No.5 CHAIR PLOUSIS: Is there a motion?6 COMMISSIONER COOPER: Mr. Chairman, I7 move to grant resubmitted key license and8 qualification.9 CHAIR PLOUSIS: Is there a second?

10 VICE CHAIR HARRINGTON: Second.11 CHAIR PLOUSIS: Any discussion?12 (No response.)13 CHAIR PLOUSIS: All in favor?14 MS. FAUNTLEROY: Roll call.15 Commissioner Cooper?16 COMMISSIONER COOPER: Yes.17 MS. FAUNTLEROY: Vice Chair Harrington?18 VICE CHAIR HARRINGTON: Yes.19 MS. FAUNTLEROY: And Chairman Plousis?20 CHAIR PLOUSIS: Yes.21 MS. FAUNTLEROY: Item No. 5 are22 approvals through Delegation of Authority23 between April 9, 2018, and May 7, 2018,24 pursuant to Resolution No. 17-01-11-11C.25 Mr. MacFadden will review those matters

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1 ITEM NO. 62 with you. However, no action is required at3 this time.4 MR. MacFADDEN: Good morning, Chairman5 and Commission.6 Item 5 consists of five individuals who7 were issued a temporary casino key employee8 license via Delegated Authority subsequent to9 the April 7, 2018, public meeting.

10 They are: Dennis C. Deregla, Wayne A.11 Kitachima, Charles Otto, Christine T. Slick,12 and Jonathan H. Yu.13 MS. FAUNTLEROY: Thank you.14 Item No. 6 are requests for inactivation15 of casino key employee licenses. They are16 identified on the agenda as 6a through m.17 Mr. MacFadden will review those matters18 with you.19 MR. MacFADDEN: Thank you.20 Item 6 consists of 13 individuals who,21 in lieu of filing a resubmission application,22 have requested to be placed on the inactive23 list not to exceed five years.24 Staff recommends granting the requested25 relief.

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1 ITEM NO. 72 CHAIR PLOUSIS: Are there any questions3 regarding any of these matters?4 (No response.)5 CHAIR PLOUSIS: Hearing none, is there a6 motion?7 COMMISSIONER COOPER: I move to grant8 the requested relief and order that the 139 casino key employee licenses be inactivated.

10 CHAIR PLOUSIS: Any further discussion?11 (No response.)12 VICE CHAIR HARRINGTON: Second.13 CHAIR PLOUSIS: Is there a second?14 VICE CHAIR HARRINGTON: Second.15 CHAIR PLOUSIS: All in favor?16 (No response.)17 CHAIR PLOUSIS: All in favor?18 (Ayes.)19 CHAIR PLOUSIS: Opposed?20 (No response.)21 CHAIR PLOUSIS: Ayes have it.22 MS. FAUNTLEROY: Item No. 7 for your23 consideration are the lapsing of certain casino24 key employee licenses. Again, identified on25 the agenda as Item 7a through e.

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1 ITEM NO. 72 Mr. MacFadden will review those.3 MR. MacFADDEN: Thank you.4 Item 7 exists of five individuals whose5 casino review deadline has passed and have6 neither filed the resubmission paperwork nor7 requested to be placed on the inactive list.8 Those individuals are: Joseph D. Bowen,9 Jr., Richard J. Byrne, Carlos Solorzano,

10 Michael Vitale, and Bathsheba Z. Zareno.11 Consequently, staff recommends that the12 casino key employee license of these five13 individuals be allowed to lapse.14 CHAIR PLOUSIS: Are there any questions?15 VICE CHAIR HARRINGTON: No.16 CHAIR PLOUSIS: Is there a motion?17 VICE CHAIR HARRINGTON: Mr. Chairman, I18 move that we find that the five casino key19 employee licenses lapsed pursuant to NJAC20 19:41A-6.1(f) of the regulation.21 CHAIR PLOUSIS: Is there a second?22 COMMISSIONER COOPER: I'll second that.23 CHAIR PLOUSIS: Any further discussion?24 (No response.)25 CHAIR PLOUSIS: Hearing none, all in

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1 ITEM NO. 82 favor?3 (Ayes.)4 CHAIR PLOUSIS: Opposed?5 (No response.)6 CHAIR PLOUSIS: Ayes have it.7 MR. MacFADDEN: Thank you.8 MS. FAUNTLEROY: Item No. 8. Item No. 89 is the initial application of La-Quai McKinnis

10 for a casino key employee license.11 Senior Counsel Teresa Pimpinelli will12 present that matter to you.13 MS. PIMPINELLI: Good morning, Chairman14 and Commissioners.15 Mr. McKinnis did not request a hearing16 or otherwise respond to the Commission's17 attempts at communication.18 Jordan Hollander is here on behalf of19 the Division.20 MR. HOLLANDER: Good morning, Chairman21 and Commissioners. Jordan Hollander on behalf22 of the Division of Gaming Enforcement.23 The Division also made attempts to reach24 out to Mr. McKinnis, which were unsuccessful.25 The Division submitted a letter dated February

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1 ITEM NO. 82 8th, 2018, recommending that his initial casino3 key employee license be denied, and we are4 requesting that his application be denied.5 Thank you.6 CHAIR PLOUSIS: Thank you.7 Call for a motion?8 COMMISSIONER COOPER: Mr. Chairman, I9 move to find La-Quai McKinnis disqualified

10 pursuant to NJSA 5:12-80(b) and (d), NJSA11 5:12-86(b), and NJSA 5:12-89(b), and also deny12 his initial application for a casino key13 employee license.14 CHAIR PLOUSIS: Is there a second?15 VICE CHAIR HARRINGTON: I'll second16 that.17 CHAIR PLOUSIS: Any further discussion?18 (No response.)19 CHAIR PLOUSIS: Hearing none, all in20 favor, say "aye."21 (Ayes.)22 CHAIR PLOUSIS: Opposed?23 (No response.)24 CHAIR PLOUSIS: Ayes have it.25 Thank you.

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1 ITEM NO. 92 MS. FAUNTLEROY: Item No. 9 is the3 stipulation of settlement in the initial4 application of Svapnil S. Desai for a casino5 key employee license.6 Again, Senior Counsel Pimpinelli will7 review that.8 MS. PIMPINELLI: Chairman and9 Commissioners, as Miss Fauntleroy just stated,

10 this is the initial application of Mr. Desai11 for a casino key employee license.12 Brian Biscieglia is here on behalf of13 the Division.14 MR. BISCIEGLIA: Good morning, Chair,15 Commissioners. Brian C. Biscieglia, the16 Division of Gaming Enforcement.17 The Division has nothing further in this18 matter and ask that the stipulation be approved19 as submitted.20 Thank you.21 CHAIR PLOUSIS: Thank you.22 Are there any questions for either23 counsel?24 (No response.)25 CHAIR PLOUSIS: Is there a motion?

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1 ITEM NO. 102 VICE CHAIR HARRINGTON: I move that we3 approve the stipulation of settlement between4 the Division and Applicant and grant the5 initial application of Svapnil S. Desai for a6 casino key employee license.7 CHAIR PLOUSIS: Is there a second?8 COMMISSIONER COOPER: I'll second that.9 CHAIR PLOUSIS: Any further discussion?

10 (No response.)11 CHAIR PLOUSIS: Hearing none, all in12 favor, say "aye."13 (Ayes.)14 CHAIR PLOUSIS: Opposed?15 (No response.)16 CHAIR PLOUSIS: Ayes have it.17 MS. FAUNTLEROY: Okay. Item No. 10 is18 the stipulation of settlement in the initial19 application of Rockelle D. Grant for a casino20 key employee license.21 Again, Senior Counsel Pimpinelli will22 review that with you.23 MS. PIMPINELLI: Chairman and24 Commissioners, another initial application for25 a casino key employee license which results in

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1 ITEM NO. 102 a stipulation of settlement.3 Brian Biscieglia is here on behalf of4 the Division.5 MR. BISCIEGLIA: And again, the Division6 has nothing further in this matter and ask that7 the stipulation be approved as submitted.8 Thank you.9 CHAIR PLOUSIS: Thank you.

10 Any questions for counsel?11 (No response.)12 CHAIR PLOUSIS: Is there a motion?13 COMMISSIONER COOPER: Mr. Chairman, I14 move to approve the stipulation of settlement15 between the Division and Applicant and grant16 the initial application of Rockelle D. Grant17 for a casino key employee license.18 CHAIR PLOUSIS: Is there a second?19 VICE CHAIR HARRINGTON: Second that.20 CHAIR PLOUSIS: Any further discussion?21 (No response.)22 CHAIR PLOUSIS: Hearing none, all in23 favor?24 (Ayes.)25 CHAIR PLOUSIS: Opposed?

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1 ITEM NO. 122 (No response.)3 CHAIR PLOUSIS: Ayes have it.4 MR. BISCIEGLIA: Thank you.5 MS. FAUNTLEROY: Okay. Item No. 11.6 Is Mr. Levin here? Okay. Our office7 did leave a message -- we left a message with8 Mr. Levin's office that that matter will be9 held until the end of the meeting. That is the

10 suspension of Carmen Martinez.11 Item No. 12 is consideration of the12 plenary qualification of Matthew J. Ferko to13 serve as a member of the Board of Directors and14 Audit Committee of Caesars Entertainment15 Corporation.16 Senior Counsel Pimpinelli will discuss17 that matter with you.18 MS. PIMPINELLI: Chairman and19 Commissioners, Mr. Ferko was temporarily20 qualified as a member of the Board of Directors21 only on August 9, 2017.22 A draft resolution was circulated to the23 parties.24 Mr. Agnellini is here on behalf of the25 Petitioners and Joanne Berman on behalf of the

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1 ITEM NO. 122 Division.3 CHAIR PLOUSIS: Counsel?4 MR. AGNELLINI: Good morning, Mr.5 Chairman and Commissioners. Pacifico6 Agnellini, Brownstein, Hyatt, Farber, Schreck,7 on behalf of Caesars Entertainment Corporation.8 Before you is the plenary qualification9 for Mr. Matthew Ferko to serve as a member of

10 the Board of Directors and Audit Committee of11 Caesars Entertainment Corporation.12 We have reviewed the proposed resolution13 and have no objection.14 And if you have any questions, I'm here.15 Otherwise, I ask you to approve it.16 Thank you.17 MS. BERMAN: Good morning, Chairman and18 Commissioners. Joanne Berman on behalf of the19 Division of Gaming Enforcement.20 We filed a report dated May 1st21 recommending that Matthew Ferko receive plenary22 qualification.23 We also reviewed the draft resolution24 and find it acceptable.25 Thank you.

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1 ITEM NO. 122 CHAIR PLOUSIS: Any questions for3 counsel?4 (No response.)5 CHAIR PLOUSIS: Hearing none, is there a6 motion?7 COMMISSIONER COOPER: Mr. Chairman, I8 move to adopt the draft resolution and find9 Matthew J. Ferko qualified to serve as a member

10 of the Board of Directors and a member of the11 Audit Committee for Caesars Entertainment12 Corporation in accordance with NJSA13 5:12-85.1(c) and (d), NJSA 5:12-89b(1) and (2),14 and NJAC 13:69C-2.7.15 CHAIR PLOUSIS: Is there a second?16 VICE CHAIR HARRINGTON: I'll second17 that.18 CHAIR PLOUSIS: Any further discussion?19 (No response.)20 CHAIR PLOUSIS: Hearing none, roll call.21 MS. FAUNTLEROY: Commissioner Cooper?22 COMMISSIONER COOPER: Yes.23 MS. FAUNTLEROY: Vice Chair Harrington?24 VICE CHAIR HARRINGTON: Yes.25 MS. FAUNTLEROY: And Chairman Plousis?

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1 ITEM NO. 132 CHAIR PLOUSIS: Yes.3 MS. FAUNTLEROY: Item No. 13 is the4 consideration of the plenary qualification of5 Melvin Gomez to serve as Vice President Hotel6 Operations of Bally's Park Place, LLC, and7 Boardwalk Regency, LLC.8 Again, Senior Counsel Pimpinelli will9 review that.

10 MS. PIMPINELLI: Chairman and11 Commissioners, Mr. Gomez was granted temporary12 qualification and key licensure on August 9,13 2017.14 A draft resolution has been circulated15 to the parties. The Division has interposed an16 objection.17 Mr. Agnellini is here on behalf of the18 Petitioners.19 MR. AGNELLINI: Good morning, Mr.20 Chairman, members of the Commission. Pacifico21 Agnellini, Brownstein, Hyatt, Shreck, on behalf22 of Bally's Park Place, LLC, and Boardwalk23 Regency, LLC.24 Before you is the plenary qualification25 of Melvin Gomez to serve as Vice President

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1 ITEM NO. 132 Hotel Operations of both Bally's Park Place,3 and Boardwalk Regency.4 We have reviewed the draft resolution,5 have no comments. And I'm here for any6 questions.7 Thank you.8 CHAIR PLOUSIS: Thank you.9 MS. BERMAN: Good morning again,

10 Chairman and Commissioners. Joanne Berman on11 behalf of the Division of Gaming Enforcement.12 We filed a report recommending key13 licensure and qualification of Melvin Gomez on14 April 12th.15 We also reviewed the draft resolution16 and have no objections as to substance.17 There's some minor form changes we might make,18 but there's no real objection.19 Thank you.20 CHAIR PLOUSIS: Any questions for21 counsel?22 (No response.)23 CHAIR PLOUSIS: Hearing none, is there a24 motion?25 VICE CHAIR HARRINGTON: Mr. Chairman, I

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1 ITEM NO. 142 move that we adopt the draft resolution and3 find Melvin Gomez qualified to serve as Vice4 President Hotel Operations for Bally's Park5 Place, LLC, and Boardwalk Regency, LLC, in6 accordance with NJSA 5:12-85.1(c) and (d), NJSA7 5:12-89b(1) and (2), and NJAC 13:69C-2.7.8 CHAIR PLOUSIS: Is there a second?9 COMMISSIONER COOPER: I'll second that.

10 CHAIR PLOUSIS: Any further discussion?11 (No response.)12 CHAIR PLOUSIS: Hearing none, roll call?13 MS. FAUNTLEROY: One second.14 (Conferring.)15 MS. FAUNTLEROY: Commissioner Cooper?16 COMMISSIONER COOPER: Yes.17 MS. FAUNTLEROY: Vice Chair Harrington?18 VICE CHAIR HARRINGTON: Yes.19 MS. FAUNTLEROY: And Chairman Plousis?20 CHAIR PLOUSIS: Yes.21 MR. AGNELLINI: Thank you.22 MS. BERMAN: Thank you.23 CHAIR PLOUSIS: Thank you.24 MS. FAUNTLEROY: Item No. 14 is the25 consideration of the plenary qualification of

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1 ITEM NO. 142 Scott L. Howitt to serve as the Senior Vice3 President and Chief Information Security4 Officer of MGM Resorts International.5 Again, Senior Counsel Pimpinelli will6 review that with you.7 MS. PIMPINELLI: Chairman and8 Commissioners, Mr. Howitt was temporarily9 qualified on September 13th of 2017.

10 A draft resolution was circulated to the11 parties.12 C. J. Fisher is here on behalf of the13 Petitioners and Tracy Richardson on behalf of14 the Division.15 CHAIR PLOUSIS: Thank you.16 Counsel?17 MR. FISHER: Good morning, Chairman,18 members of the Commission. C. J. Fisher from19 Fox Rothschild on behalf of MGM Resorts20 International and Mr. Howitt.21 Before you is the consideration of the22 plenary qualification of Mr. Howitt to serve as23 Senior Vice President and Chief Information24 Security Officer of MGM.25 I've reviewed the draft resolution, and

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1 ITEM NO. 142 I have no objection.3 Thank you.4 MS. RICHARDSON: Good morning, Chairman5 and Commissioners. Tracy Richardson for the6 Division of Gaming Enforcement.7 You have our report recommending the8 plenary qualification of Mr. Howitt.9 We've also reviewed the draft resolution

10 and have no objections.11 Thank you.12 CHAIR PLOUSIS: Thank you.13 Are there any questions for counsel?14 (No response.)15 CHAIR PLOUSIS: Hearing none, is there a16 motion?17 COMMISSIONER COOPER: Mr. Chairman, I18 move to adopt the draft resolution and find19 Scott L. Howitt qualified to serve as Senior20 Vice President and Chief Information Security21 Officer for MGM Resorts International in22 accordance with NJSA 5:12-85.1(c) and (d), NJSA23 5:12-89b(1) and (2), and NJAC 13:69C-2.7.24 CHAIR PLOUSIS: Is there a second?25 VICE CHAIR HARRINGTON: I'll second

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1 ITEM NO. 182 that.3 CHAIR PLOUSIS: Any further discussion?4 (No response.)5 CHAIR PLOUSIS: Hearing none, roll call6 vote?7 MS. FAUNTLEROY: Commissioner Cooper?8 COMMISSIONER COOPER: Yes.9 MS. FAUNTLEROY: Vice Chair Harrington?

10 VICE CHAIR HARRINGTON: Yes.11 MS. FAUNTLEROY: And Chairman Plousis?12 CHAIR PLOUSIS: Yes.13 MR. FISHER: Thank you.14 CHAIR PLOUSIS: Thank you.15 MS. FAUNTLEROY: Thank you.16 And with your permission, Mr. Chairman,17 we'll call out of order, Item No. 18, Petition18 of Golden Nugget Atlantic City, LLC, and19 Fertitta Entertainment, Inc., for the issuance20 of a temporary casino key employee license for21 Donna F. Ward and permission for her to assume22 the duties and exercise the powers of the23 office of Vice President of Sales, Catering and24 Convention Services pending her plenary25 qualification.

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1 ITEM NO. 182 By way of Petition filed on May 2, 2018,3 Mr. Chairman and Commissioners, a request was4 made by Petitioners for that temporary5 qualification of Miss Ward by virtue of her6 position.7 The staff did receive a response from8 the Division. They are here this afternoon to9 speak directly to you with regard to that.

10 And a draft resolution was circulated.11 (Conferring.)12 MS. FAUNTLEROY: I was just advised by13 Counsel that there was a typo in the Petition.14 Her title is strictly "Vice President of15 Sales."16 MR. AGNELLINI: Good morning, Mr.17 Chairman, members of the Commission. Pacifico18 Agnellini, Brownstein, Hyatt, Farber, Schreck,19 on behalf of the Golden Nugget Atlantic City,20 LLC.21 Before you today is a petition22 requesting the issuance of a temporary23 qualification and the issuance of a temporary24 key license to Donna Ward so that she may25 assume the duties and exercise the powers of

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1 ITEM NO. 182 the office of Vice President of Sales.3 I apologize for the typo. That was part4 of an old title that had that "Catering and5 Convention Services" in it. So the title is6 "Vice President of Sales."7 We have reviewed the Division report and8 the proposed resolution. We have no objection.9 If you have any questions, I'm here, and

10 I would ask you to issue that approval.11 Thank you.12 CHAIR PLOUSIS: Okay.13 MS. PRICE: Good morning, Commissioners14 and members of the Commission. I am Laura15 Price on behalf of the Division of Gaming16 Enforcement.17 The Division has recommended that Miss18 Ward be issued temporary casino key employee19 license and be found temporarily qualified to20 serve as Vice President of Sales.21 The Division has reviewed the draft22 resolution and has no objections to it other23 than, I suppose, her title will be changed in24 that.25 Thank you.

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1 ITEM NO. 182 CHAIR PLOUSIS: Are there any questions3 for counsel?4 VICE CHAIR HARRINGTON: No.5 CHAIR PLOUSIS: Hearing none, is there a6 motion?7 COMMISSIONER COOPER: Mr. Chairman, I8 move to approve the Petition and issue a9 temporary casino key employee license to Donna

10 F. Ward, pursuant to NJSA 5:12-89(e) and permit11 her to assume the duties and exercise the12 powers of Vice President of Sales for Golden13 Nugget Atlantic City, LLC, pending plenary14 qualification in accordance with the conditions15 contained in NJSA 5:12-85.1(c), NJSA16 5:12-89b(1) and (2), and NJAC 13:69C-2.7(c) and17 (d).18 CHAIR PLOUSIS: Is there a second?19 VICE CHAIR HARRINGTON: I'll second20 that.21 CHAIR PLOUSIS: Any further discussion?22 (No response.)23 CHAIR PLOUSIS: Roll call?24 MS. FAUNTLEROY: Commissioner Cooper?25 COMMISSIONER COOPER: Yes.

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1 ITEM NO. 152 MS. FAUNTLEROY: Vice Chair Harrington?3 VICE CHAIR HARRINGTON: Yes.4 MS. FAUNTLEROY: And Chairman Plousis?5 CHAIR PLOUSIS: Yes.6 MR. AGNELLINI: Thank you.7 MS. FAUNTLEROY: (Conferring.)8 Item No. 15 is the Petition of HR9 Atlantic City, LLC, and Boardwalk 1000, LLC,

10 for the issuance of temporary casino key11 employee licenses and for permission for the12 following individuals to assume the duties and13 exercise the powers of their respective14 positions pending qualification.15 Those individuals are identified on the16 agenda as 15a through f. However, they will be17 called individually with respect to your vote18 for purposes of roll call.19 MR. CASIELLO: Good morning.20 MS. FAUNTLEROY: Counsel is here.21 MR. CASIELLO: Almost forgot.22 MS. FAUNTLEROY: Right.23 MR. CASIELLO: Good morning, Mr.24 Chairman and Commissioners. Nick Casiello of25 the law firm of Fox Rothschild on behalf of

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1 ITEM NO. 152 Joint Petitioners, HR Atlantic City, LLC, and3 Boardwalk 1000, LLC.4 This is a petition for the issuance of5 temporary casino key employee licenses to the6 individuals whose names are listed on the7 agenda. All of those individuals have filed8 the requisite disclosure forms and otherwise9 complied with NJAC 19:41A-5.3. Under that

10 regulation, they may serve for up to nine11 months without being fully licensed.12 With respect to Cal Abercrombie and Dave13 Polizzi, we were also asking that they be14 issued multi-casino endorsements pursuant to15 NJAC 19:41A-5.4.16 Thank you.17 MR. HOLLANDER: Mr. Chairman and18 Commissioners, Jordan Hollander on behalf of19 the Division of Gaming Enforcement.20 As set forth in the Division's report on21 this petition, the Division interposes no22 objections to the temporary -- issuance of a23 temporary casino key employee license and24 permission for the individuals listed in Item25 15 to assume the duties and exercise the powers

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1 ITEM NO. 152 of their respective positions pending3 qualification.4 And further, the Division would5 interpose no objection to a multi-casino6 endorsement for Mr. Abercrombie and Mr.7 Polizzi.8 Thank you.9 CHAIR PLOUSIS: Any questions for

10 counsel?11 (No response.)12 CHAIR PLOUSIS: Hearing none, is there a13 motion?14 VICE CHAIR HARRINGTON: I move that we15 issue temporary casino key employ licenses16 pursuant to NJSA 5:12-89(e) and authorize on a17 temporary basis and prior to plenary18 qualification the following individuals to19 assume the duties and exercise the powers of20 their respective positions for HR Atlantic21 City, LLC, and Boardwalk 1000, in accordance22 with the conditions contained in NJSA23 5:12-85.1(c) and NJAC 13:69C-2.6.24 Calvin Abercrombie, Vice President of25 Security.

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1 ITEM NO. 152 MS. FAUNTLEROY: With multi-casino3 endorsement.4 VICE CHAIR HARRINGTON: With5 multi-casino endorsement.6 CHAIR PLOUSIS: Is there a second?7 COMMISSIONER COOPER: I'll second that.8 CHAIR PLOUSIS: Any further discussion?9 (No response.)

10 CHAIR PLOUSIS: Hearing none, roll call.11 MS. FAUNTLEROY: Commissioner Cooper?12 COMMISSIONER COOPER: Yes.13 MS. FAUNTLEROY: Vice Chair Harrington?14 VICE CHAIR HARRINGTON: Yes.15 MS. FAUNTLEROY: And Chairman Plousis?16 CHAIR PLOUSIS: Yes.17 MS. FAUNTLEROY: Grace Chow, Vice18 President of Food and Beverage.19 CHAIR PLOUSIS: Is there a second?20 VICE CHAIR HARRINGTON: Second.21 COMMISSIONER COOPER: I'll second that.22 CHAIR PLOUSIS: Any further discussion?23 (No response.)24 CHAIR PLOUSIS: Roll call vote.25 MS. FAUNTLEROY: Commissioner Cooper?

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1 ITEM NO. 152 COMMISSIONER COOPER: Yes.3 MS. FAUNTLEROY: Vice Chair Harrington?4 VICE CHAIR HARRINGTON: Yes.5 MS. FAUNTLEROY: And Chairman Plousis?6 CHAIR PLOUSIS: Yes.7 MS. FAUNTLEROY: Bernard Dillon, Vice8 President of Purchasing and Retail.9 CHAIR PLOUSIS: Is there a second?

10 VICE CHAIR HARRINGTON: Second.11 CHAIR PLOUSIS: Any further discussion?12 (No response.)13 CHAIR PLOUSIS: Roll call.14 MS. FAUNTLEROY: Commissioner Cooper?15 COMMISSIONER COOPER: Yes.16 MS. FAUNTLEROY: Vice Chair Harrington?17 VICE CHAIR HARRINGTON: Yes.18 MS. FAUNTLEROY: And Chairman Plousis?19 CHAIR PLOUSIS: Yes.20 MS. FAUNTLEROY: Robert Lee, Vice21 President of Community Relations and Government22 Affairs.23 CHAIR PLOUSIS: Is there a second?24 VICE CHAIR HARRINGTON: Second.25 CHAIR PLOUSIS: Any further discussion?

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1 ITEM NO. 152 (No response.)3 CHAIR PLOUSIS: Roll call?4 MS. FAUNTLEROY: Commissioner Cooper?5 COMMISSIONER COOPER: Yes.6 MS. FAUNTLEROY: Vice Chair Harrington?7 VICE CHAIR HARRINGTON: Yes.8 MS. FAUNTLEROY: And Chairman Plousis?9 CHAIR PLOUSIS: Yes.

10 MS. FAUNTLEROY: Todd Moyer, Senior Vice11 President of Marketing.12 CHAIR PLOUSIS: Is there a second?13 VICE CHAIR HARRINGTON: Second.14 CHAIR PLOUSIS: Any further discussion?15 (No response.)16 CHAIR PLOUSIS: Hearing none, roll call17 vote?18 MS. FAUNTLEROY: Commissioner Cooper?19 COMMISSIONER COOPER: Yes.20 MS. FAUNTLEROY: Vice Chair Harrington?21 VICE CHAIR HARRINGTON: Yes.22 MS. FAUNTLEROY: And Chairman Plousis?23 CHAIR PLOUSIS: Yes.24 MS. FAUNTLEROY: David Polizzi with25 multi-casino endorsement.

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1 ITEM NO. 162 CHAIR PLOUSIS: Is there is a second?3 MS. FAUNTLEROY: Vice President of4 Slots. I'm sorry.5 CHAIR PLOUSIS: Is there a second?6 VICE CHAIR HARRINGTON: Second.7 CHAIR PLOUSIS: Any further discussion?8 (No response.)9 CHAIR PLOUSIS: Hearing none, roll call

10 vote?11 MS. FAUNTLEROY: Commissioner Cooper?12 COMMISSIONER COOPER: Yes.13 MS. FAUNTLEROY: Vice Chair Harrington?14 VICE CHAIR HARRINGTON: Yes.15 MS. FAUNTLEROY: And Chairman Plousis?16 CHAIR PLOUSIS: Yes.17 MS. FAUNTLEROY: I never have to do that18 again.19 Item No. 16 is the consideration of the20 qualification of the following individuals in21 connection with the Petition of HR Atlantic22 City, LLC, and Boardwalk 1000, LLC, for the23 issuance of casino licenses. They are24 identified on your agenda as Items 16a through25 w.

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1 ITEM NO. 162 Again we will have the same process. We3 have the same counsel.4 And at your pleasure.5 MR. CASIELLO: Thank you.6 This is -- the matter before you is the7 plenary qualification of certain individuals.8 Some of these individuals were qualified by9 this Commission in 2015 in connection with the

10 Hard Rock Statement of Compliance hearing.11 Some of the individuals are new to this12 Commission. Some of the individuals also13 already have key licenses but need to be14 qualified in connection with the casino15 licenses.16 With respect to two of the individuals,17 we are also asking that they be issued18 multi-casino endorsements. They are Don19 Kneisel and Bob Ellis.20 Mr. Chairman, I defer to you. If you'd21 like me to run through the list and identify22 those individuals who have been before you23 before or who are new to the Commission, I'll24 be glad to do that.25 MS. FAUNTLEROY: I recommend you do that

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1 ITEM NO. 162 so we can get it on the record, if you don't3 mind, Mr. Chairman.4 MR. CASIELLO: Sure. We'll do it in5 alphabetical order.6 James F. -- I'm sorry. In the order in7 which they are listed on the agenda. James F.8 Allen, as was qualified by this Commission in9 2015 as part of the Hard Rock Statement of

10 Compliance.11 Robert Allen already holds a key but,12 again, must be found qualified in connection13 with the issuance of the casino licenses.14 Frank E. DiCola, Jr., is one of the15 investors in the Boardwalk 1000 entity. He is16 a member of the Tristate Partners. He is17 before you for the first time.18 Diane Dixon currently holds a key, which19 was issued to her at your last meeting. Diane20 was in the industry here in Atlantic City years21 ago, lost her way, came back and --22 (Laughter.)23 VICE CHAIR HARRINGTON: We like that.24 MR. CASIELLO: We are glad she is back.25 Bob Ellis is new. This is his first key

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1 ITEM NO. 162 qualification.3 Robert L. Gips is also a member of the4 Board of Managers of Seminole HR Holdings and5 was found qualified in 2015.6 Tom Gispanski is the CFO of HR Holdings,7 but he is new. He was not here -- he was not8 with the company in 2015.9 Carla Gopher qualified in 2015 as a

10 member of the Board of Managers of Seminole HR11 Holdings.12 Matt Harkness is the Property President13 of Boardwalk 1000. He is before you for the14 first time in a number of years because Matt15 also used to work in Atlantic City, has now16 come back.17 Henry Hornbostel is a member of the18 Board of Managers of Seminole HR holdings.19 Henry also worked in the casino industry in20 Atlantic City back in the day, as they say,21 probably from the early '80s. Henry has22 maintained his key employee license all those23 years.24 Next we have Michael D. Jingoli, who is25 new to this Commission. Michael is also a

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1 ITEM NO. 162 member of Tristate Partners and an investor in3 Boardwalk 1000.4 Joseph R. Jingoli, Jr., ditto. He is5 also an investor in Tristate Partners.6 Paul Juliano holds a key license.7 Alexander Johns is also on the Board of8 Managers of Seminole HR Holdings, but he was9 not qualified in 2015 because he was not on the

10 board at that time.11 Don Kneisel is before the Commission, I12 believe for the first time, and we are seeking13 a multi-casino endorsement for him.14 Jon Lucas, who is the COO of some of the15 Hard Rock entities. He is before you for the16 first time.17 Jack Morris is also a member of Tristate18 Partners and investor in Boardwalk, and he is19 before you for the first time.20 Agnes Billie-Motlow, Michael Rumbloz are21 both members of the Board of Managers of22 Seminole HR Holdings. They were qualified in23 2015.24 Michael Sampson holds a key license.25 James Shore also qualified in 2015.

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1 ITEM NO. 162 Joseph Watson holds a key.3 And Connie Whidden was also qualified as4 a member of the Board of Managers, Seminole HR5 holdings in 2015.6 CHAIR PLOUSIS: Thank you.7 (Conferring.)8 MR. HOLLANDER: Good morning, Mr.9 Chairman and Commissioners. Jordan Hollander

10 on behalf of the Division of Gaming11 Enforcement.12 As set forth in the Division reports on13 this petition, for those individuals previously14 found qualified, the Division -- and as noted15 by counsel and as set forth in the Petition --16 the Division interposes no objection to their17 continued qualification.18 Further, as set forth in the Division19 reports, those individuals who hold a current20 valid casino key employee license in the state21 of New Jersey, the Division would interpose no22 objection to their qualification on that basis.23 As for the remaining new individuals as24 identified by counsel, the Division filed25 individual reports and has no objection to

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1 ITEM NO. 162 their qualification.3 With respect to the multiple --4 multi-casino endorsement requests for Mr. Ellis5 and Mr. Kneisel, the Division would interpose6 no objection to that request.7 Thank you.8 MR. CASIELLO: Mr. Chairman, may I be9 heard again briefly?

10 CHAIR PLOUSIS: Yes, please.11 MR. CASIELLO: With respect to Mr.12 Allen, Mr. Gispanski, and Mr. Lucas, we are13 also requesting waiver of the residency14 requirement. All three of these individuals15 are employed by other Hard Rock entities, not16 the Atlantic City entity, and their duties17 require them to reside outside of New Jersey.18 MR. HOLLANDER: Mr. Chairman and19 Commissioners, as set forth in the Division's20 report, the Division would interpose no21 objection to the waiver of the residency22 requirements for Messrs. Allen, Gispanski, and23 Lucas.24 Thank you.25 VICE CHAIR HARRINGTON: Thank you.

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1 ITEM NO. 162 CHAIR PLOUSIS: Any questions for3 counsel?4 VICE CHAIR HARRINGTON: No.5 CHAIR PLOUSIS: Is there a motion?6 COMMISSIONER COOPER: With regard to the7 first name, James Allen, I move to find -- I8 mean, I move to find James F. Allen qualified9 as a key qualifier, having previously been

10 found qualified, and grant the Petitioner's11 request to waive the residency required --12 requirement as provided for in NJSA 5:12-89b-4.13 CHAIR PLOUSIS: Is there a second?14 VICE CHAIR HARRINGTON: Second.15 CHAIR PLOUSIS: Any further discussion?16 (No response.)17 CHAIR PLOUSIS: Hearing none, roll call?18 MS. FAUNTLEROY: Commissioner Cooper?19 COMMISSIONER COOPER: Yes.20 MS. FAUNTLEROY: Vice Chair Harrington?21 VICE CHAIR HARRINGTON: Yes.22 MS. FAUNTLEROY: And Chairman Plousis?23 CHAIR PLOUSIS: Yes.24 MS. FAUNTLEROY: Robert Allen, as Vice25 President of Finance for Boardwalk 1000, LLC.

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1 ITEM NO. 162 CHAIR PLOUSIS: Is there a motion?3 COMMISSIONER COOPER: Mr. Chairman, I4 move to grant qualification.5 CHAIR PLOUSIS: Is there is second?6 VICE CHAIR HARRINGTON: Second.7 CHAIR PLOUSIS: Any further discussion?8 (No response.)9 CHAIR PLOUSIS: Hearing none, roll call

10 vote?11 MS. FAUNTLEROY: Commissioner Cooper?12 COMMISSIONER COOPER: Yes.13 MS. FAUNTLEROY: Vice Chair Harrington?14 VICE CHAIR HARRINGTON: Yes.15 MS. FAUNTLEROY: And Chairman Plousis?16 CHAIR PLOUSIS: Yes.17 MS. FAUNTLEROY: Diane Dixon, Vice18 President of Purchasing and Retail for19 Boardwalk 1000, LLC.20 CHAIR PLOUSIS: Is there a motion?21 COMMISSIONER COOPER: Mr. Chairman, I22 move to grant qualification.23 CHAIR PLOUSIS: Is there a second?24 VICE CHAIR HARRINGTON: Second.25 CHAIR PLOUSIS: Any further discussion?

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1 ITEM NO. 162 (No response.)3 CHAIR PLOUSIS: Hearing none, roll call4 vote?5 MS. FAUNTLEROY: Commissioner Cooper?6 COMMISSIONER COOPER: Yes.7 MS. FAUNTLEROY: Vice Chair Harrington?8 VICE CHAIR HARRINGTON: Yes.9 MS. FAUNTLEROY: And Chairman Plousis?

10 CHAIR PLOUSIS: Yes.11 MS. FAUNTLEROY: Frank E. DiCola, Jr.,12 Managing Member and President of JJSAC, LLC.13 CHAIR PLOUSIS: Is there a motion?14 COMMISSIONER COOPER: I move to grant15 qualification.16 CHAIR PLOUSIS: Is there a second?17 VICE CHAIR HARRINGTON: Second.18 CHAIR PLOUSIS: Any discussion?19 (No response.)20 CHAIR PLOUSIS: Roll call vote.21 MS. FAUNTLEROY: Commissioner Cooper?22 COMMISSIONER COOPER: Yes.23 MS. FAUNTLEROY: Vice Chair Harrington?24 VICE CHAIR HARRINGTON: Yes.25 MS. FAUNTLEROY: And Chairman Plousis?

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1 ITEM NO. 162 CHAIR PLOUSIS: Yes.3 MS. FAUNTLEROY: Robert J. Ellis, III,4 with multi-casino endorsement, vice President5 of Human Resources and Equal Employment6 Opportunity Officer for Boardwalk 1000, LLC.7 CHAIR PLOUSIS: Is there a motion?8 COMMISSIONER COOPER: I move to grant9 qualification.

10 CHAIR PLOUSIS: Is there a second?11 VICE CHAIR HARRINGTON: Second.12 CHAIR PLOUSIS: Any discussion?13 (No response.)14 CHAIR PLOUSIS: Roll call vote?15 MS. FAUNTLEROY: Commissioner Cooper?16 COMMISSIONER COOPER: Yes.17 MS. FAUNTLEROY: Vice Chair Harrington?18 VICE CHAIR HARRINGTON: Yes.19 MS. FAUNTLEROY: And Chairman Plousis?20 CHAIR PLOUSIS: Yes.21 MS. FAUNTLEROY: Robert L. Gips, I won't22 specify -- he's a member of the Board of23 Manager, Holdings, Lender, Audit Committee,24 Compliance Committee, and multi others.25 CHAIR PLOUSIS: Is there a motion?

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1 ITEM NO. 162 COMMISSIONER COOPER: I move to find3 that Robert L. Gips, having previously been4 found qualified, remains qualified.5 CHAIR PLOUSIS: Is there a second?6 VICE CHAIR HARRINGTON: Second.7 CHAIR PLOUSIS: Is there any discussion?8 (No response.)9 CHAIR PLOUSIS: Hearing none, roll call

10 vote?11 MS. FAUNTLEROY: Commissioner Cooper?12 COMMISSIONER COOPER: Yes.13 MS. FAUNTLEROY: Vice Chair Harrington?14 VICE CHAIR HARRINGTON: Yes.15 MS. FAUNTLEROY: And Chairman Plousis?16 CHAIR PLOUSIS: Yes.17 MS. FAUNTLEROY: Thomas J. Gispanski.18 He's CFO and Treasurer of HR Holdings as well19 as of other holding companies of HR Atlantic20 City, Lender, Investor, Seminole Hard Rock21 Entertainment, Inc., and HR Atlantic City, LLC,22 as well.23 CHAIR PLOUSIS: Is there a motion?24 COMMISSIONER COOPER: I move to grant25 key license and qualification and grant the

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1 ITEM NO. 162 Petitioner's request to waive residency3 requirement as provided for in NJSA 5:12-89b-4.4 CHAIR PLOUSIS: Is there a second?5 VICE CHAIR HARRINGTON: Second.6 CHAIR PLOUSIS: Any further discussion?7 (No response.)8 CHAIR PLOUSIS: Hearing none, roll call9 vote?

10 MS. FAUNTLEROY: Commissioner Cooper?11 COMMISSIONER COOPER: Yes.12 MS. FAUNTLEROY: Vice Chair Harrington?13 VICE CHAIR HARRINGTON: Yes.14 MS. FAUNTLEROY: And Chairman Plousis?15 CHAIR PLOUSIS: Yes.16 MS. FAUNTLEROY: Carla S. Gopher. She's17 a member of the Board of Managers of Seminole18 HR Holdings as well as other Hard Rock19 entities.20 CHAIR PLOUSIS: Is there a motion?21 COMMISSIONER COOPER: I move to find22 that Carla S. Gopher, having previously been23 found qualified, remains qualified.24 CHAIR PLOUSIS: Is there a second?25 VICE CHAIR HARRINGTON: Second.

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1 ITEM NO. 162 CHAIR PLOUSIS: Any discussion?3 (No response.)4 CHAIR PLOUSIS: Roll call vote?5 MS. FAUNTLEROY: Commissioner Cooper?6 COMMISSIONER COOPER: Yes.7 MS. FAUNTLEROY: Vice Chair Harrington?8 VICE CHAIR HARRINGTON: Yes.9 MS. FAUNTLEROY: And Chairman Plousis?

10 CHAIR PLOUSIS: Yes.11 MS. FAUNTLEROY: Matthew A. Harkness,12 President and General Manager for Boardwalk13 1000, LLC.14 CHAIR PLOUSIS: Is there a motion?15 COMMISSIONER COOPER: I move to grant16 qualification.17 CHAIR PLOUSIS: Is there a second?18 VICE CHAIR HARRINGTON: Second.19 CHAIR PLOUSIS: Any discussion?20 (No response.)21 CHAIR PLOUSIS: Roll call vote?22 MS. FAUNTLEROY: Commissioner Cooper?23 COMMISSIONER COOPER: Yes.24 MS. FAUNTLEROY: Vice Chair Harrington?25 VICE CHAIR HARRINGTON: Yes.

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1 ITEM NO. 16

2 MS. FAUNTLEROY: And Chairman Plousis?

3 CHAIR PLOUSIS: Yes.

4 MS. FAUNTLEROY: Henry Hornbostel,

5 member of the Board of Managers for Holdings as

6 well as other Hard Rock entities, Audit

7 Committee, and Compliance Committee Member of

8 Boardwalk 1000.

9 CHAIR PLOUSIS: Is there is a motion?

10 COMMISSIONER COOPER: I move to grant

11 qualification.

12 CHAIR PLOUSIS: Is there a second?

13 VICE CHAIR HARRINGTON: Second.

14 CHAIR PLOUSIS: Any further discussion?

15 (No response.)

16 CHAIR PLOUSIS: Roll call vote?

17 MS. FAUNTLEROY: Commissioner Cooper?

18 COMMISSIONER COOPER: Yes.

19 MS. FAUNTLEROY: Vice Chair Harrington?

20 VICE CHAIR HARRINGTON: Yes.

21 MS. FAUNTLEROY: And Chairman Plousis?

22 CHAIR PLOUSIS: Yes.

23 MS. FAUNTLEROY: Michael D. Jingoli,

24 Board of Managers, Hard Rock Tristate, Managing

25 Member of JJSAC, LLC, CFO, and Managing Member

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1 ITEM NO. 162 of Tristate Partners, LLC.3 CHAIR PLOUSIS: Is there a motion?4 COMMISSIONER COOPER: I move to grant5 qualification.6 CHAIR PLOUSIS: Is there a second?7 VICE CHAIR HARRINGTON: Second.8 CHAIR PLOUSIS: Any discussion?9 (No response.)

10 CHAIR PLOUSIS: Roll call vote?11 MS. FAUNTLEROY: Commissioner Cooper?12 COMMISSIONER COOPER: Yes.13 MS. FAUNTLEROY: Vice Chair Harrington?14 VICE CHAIR HARRINGTON: Yes.15 MS. FAUNTLEROY: And Chairman Plousis?16 CHAIR PLOUSIS: Yes.17 MS. FAUNTLEROY: Joseph R. Jingoli, Jr.,18 Managing Member and CEO, JJSAC, LLC, and19 Managing Member of Tristate Partners, LLC.20 CHAIR PLOUSIS: Is there a motion?21 COMMISSIONER COOPER: I move to grant22 qualification.23 CHAIR PLOUSIS: Is there a second?24 VICE CHAIR HARRINGTON: Second.25 CHAIR PLOUSIS: Any discussion?

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1 ITEM NO. 162 (No response.)3 CHAIR PLOUSIS: Hearing none, roll call4 vote?5 MS. FAUNTLEROY: Commissioner Cooper?6 COMMISSIONER COOPER: Yes.7 MS. FAUNTLEROY: Vice Chair Harrington?8 VICE CHAIR HARRINGTON: Yes.9 MS. FAUNTLEROY: And Chairman Plousis?

10 CHAIR PLOUSIS: Yes.11 MS. FAUNTLEROY: Paul Juliano as Vice12 President Hotel Operations for Boardwalk 1000,13 LLC.14 CHAIR PLOUSIS: Is there a motion?15 COMMISSIONER COOPER: I move to grant16 qualification.17 CHAIR PLOUSIS: Is there a second?18 VICE CHAIR HARRINGTON: Second.19 CHAIR PLOUSIS: Any discussion?20 (No response.)21 CHAIR PLOUSIS: Roll call vote?22 MS. FAUNTLEROY: Commissioner Cooper?23 COMMISSIONER COOPER: Yes.24 MS. FAUNTLEROY: Vice Chair Harrington?25 VICE CHAIR HARRINGTON: Yes.

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1 ITEM NO. 162 MS. FAUNTLEROY: And Chairman Plousis?3 CHAIR PLOUSIS: Yes.4 MS. FAUNTLEROY: Alexander P. Johns,5 Member of the Board of Managers of Seminole HR6 Holdings, as well as other Hard Rock entities,7 HR Atlantic City, LLC, as well.8 CHAIR PLOUSIS: Is there a motion?9 COMMISSIONER COOPER: I move to grant

10 qualification.11 CHAIR PLOUSIS: Is there a second?12 VICE CHAIR HARRINGTON: Second.13 CHAIR PLOUSIS: Any discussion?14 (No response.)15 CHAIR PLOUSIS: Roll call vote.16 MS. FAUNTLEROY: Commissioner Cooper?17 COMMISSIONER COOPER: Yes.18 MS. FAUNTLEROY: Vice Chair Harrington?19 VICE CHAIR HARRINGTON: Yes.20 MS. FAUNTLEROY: And Chairman Plousis?21 CHAIR PLOUSIS: Yes.22 MS. FAUNTLEROY: Donald Kneisel, II,23 Vice President of IT for Boardwalk 1000, LLC,24 with multi-casino endorsement.25 CHAIR PLOUSIS: Is there a motion?

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1 ITEM NO. 162 COMMISSIONER COOPER: I move to grant3 qualification.4 CHAIR PLOUSIS: Is there a second?5 VICE CHAIR HARRINGTON: Second.6 CHAIR PLOUSIS: Any discussion?7 (No response.)8 CHAIR PLOUSIS: Roll call vote?9 MS. FAUNTLEROY: Commissioner Cooper?

10 COMMISSIONER COOPER: Yes.11 MS. FAUNTLEROY: Vice Chair Harrington?12 VICE CHAIR HARRINGTON: Yes.13 MS. FAUNTLEROY: And Chairman Plousis?14 CHAIR PLOUSIS: Yes.15 MS. FAUNTLEROY: Jon S. Lucas, Chief16 Operating Officer, HR Atlantic City Investor,17 LLC, and HR Atlantic City, LLC, Board of18 Managers, Hard Rock Tristate, LLC, Chief19 Compliance Officer, HR Atlantic City, LLC.20 CHAIR PLOUSIS: Is there a motion?21 COMMISSIONER COOPER: Mr. Chairman, I22 move to grant key license and qualification and23 grant the Petitioner's request to waive the24 residency requirement as provided for in NJSA25 5:12-89b-4.

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1 ITEM NO. 162 CHAIR PLOUSIS: Is there a second?3 VICE CHAIR HARRINGTON: Second.4 CHAIR PLOUSIS: Any discussion?5 (No response.)6 CHAIR PLOUSIS: Roll call vote?7 MS. FAUNTLEROY: Commissioner Cooper?8 COMMISSIONER COOPER: Yes.9 MS. FAUNTLEROY: Vice Chair Harrington?

10 VICE CHAIR HARRINGTON: Yes.11 MS. FAUNTLEROY: And Chairman Plousis?12 CHAIR PLOUSIS: Yes.13 MS. FAUNTLEROY: Jack Morris, Board of14 Managers, Tristate AC, LLC, Managing Member of15 JMACI, Managing Member of Tristate Partners,16 LLC, Manager of Boardwalk 1000, LLC.17 CHAIR PLOUSIS: Is there a motion?18 COMMISSIONER COOPER: Mr. Chairman, I19 move to grant qualification.20 CHAIR PLOUSIS: Is there a second?21 VICE CHAIR HARRINGTON: I'll second22 that.23 CHAIR PLOUSIS: Any discussion?24 (No response.)25 CHAIR PLOUSIS: Roll call vote?

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1 ITEM NO. 162 MS. FAUNTLEROY: Commissioner Cooper?3 COMMISSIONER COOPER: Yes.4 MS. FAUNTLEROY: Vice Chair Harrington?5 VICE CHAIR HARRINGTON: Yes.6 MS. FAUNTLEROY: And Chairman Plousis?7 CHAIR PLOUSIS: Yes.8 MS. FAUNTLEROY: Agnes Billie-Motlow,9 Member of Board of Managers of Seminole HR

10 Holdings, additional Hard Rock entities, as11 well as the Compliance Committee, Member of HR12 Atlantic City, LLC.13 CHAIR PLOUSIS: Is there a motion?14 COMMISSIONER COOPER: I move to find15 that Agnes Billie-Motlow, having previously16 been found qualified, remains qualified.17 CHAIR PLOUSIS: Is there a second?18 VICE CHAIR HARRINGTON: Second.19 CHAIR PLOUSIS: Any discussion?20 (No response.)21 CHAIR PLOUSIS: Roll call vote?22 MS. FAUNTLEROY: Commissioner Cooper?23 COMMISSIONER COOPER: Yes.24 MS. FAUNTLEROY: Vice Chair Harrington?25 VICE CHAIR HARRINGTON: Yes.

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1 ITEM NO. 162 MS. FAUNTLEROY: And Chairman Plousis?3 CHAIR PLOUSIS: Yes.4 MS. FAUNTLEROY: Michael D. Rumbloz,5 Member of the Board of Managers of Seminole HR6 Holdings, LLC, additional Hard Rock entities,7 as well as an Audit Committee Member and8 Compliance Committee Member of HR Atlantic9 City, LLC, and Boardwalk 1000, LLC.

10 CHAIR PLOUSIS: Is there a motion?11 COMMISSIONER COOPER: I find -- excuse12 me. I move to find that Michael D. Rumbloz,13 having previously been found qualified, remains14 qualified.15 CHAIR PLOUSIS: Is there a second?16 VICE CHAIR HARRINGTON: Second.17 CHAIR PLOUSIS: Any discussion?18 (No response.)19 CHAIR PLOUSIS: Roll call vote?20 MS. FAUNTLEROY: Commissioner Cooper?21 COMMISSIONER COOPER: Yes.22 MS. FAUNTLEROY: Vice Chair Harrington?23 VICE CHAIR HARRINGTON: Yes.24 MS. FAUNTLEROY: And Chairman Plousis?25 CHAIR PLOUSIS: Yes.

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1 ITEM NO. 162 MS. FAUNTLEROY: Michael Sampson, Vice3 of Player Development for Boardwalk 1000, LLC.4 CHAIR PLOUSIS: Is there a motion?5 COMMISSIONER COOPER: I move to grant6 qualification.7 CHAIR PLOUSIS: Is there a second?8 VICE CHAIR HARRINGTON: Second.9 CHAIR PLOUSIS: Any discussion?

10 (No response.)11 CHAIR PLOUSIS: Roll call vote?12 MS. FAUNTLEROY: Commissioner Cooper?13 COMMISSIONER COOPER: Yes.14 MS. FAUNTLEROY: Vice Chair Harrington?15 VICE CHAIR HARRINGTON: Yes.16 MS. FAUNTLEROY: And Chairman Plousis?17 CHAIR PLOUSIS: Yes.18 MS. FAUNTLEROY: Jim Shore, Member of19 the Board of Managers of Seminole HR Holdings,20 LLC, additional Hard Rock entities, as well as21 a Compliance Committee Member of HR Atlantic22 City, LLC.23 CHAIR PLOUSIS: Is there a motion?24 COMMISSIONER COOPER: I move to grant25 qualification.

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1 ITEM NO. 162 CHAIR PLOUSIS: Is there a second?3 VICE CHAIR HARRINGTON: Second.4 CHAIR PLOUSIS: Any discussion?5 (No response.)6 CHAIR PLOUSIS: Roll call vote?7 MS. FAUNTLEROY: Hold it. Mr. Shore has8 already been qualified.9 COMMISSIONER COOPER: Excuse me. I'm

10 sorry.11 MS. FAUNTLEROY: Already been qualified,12 which is fine.13 COMMISSIONER COOPER: Excuse me.14 I move to find that Jim Shore, having15 previously found -- been found qualified,16 remains qualified.17 CHAIR PLOUSIS: Is there is a second?18 VICE CHAIR HARRINGTON: Second.19 CHAIR PLOUSIS: Any discussion?20 (No response.)21 CHAIR PLOUSIS: Roll call vote?22 MS. FAUNTLEROY: Commissioner Cooper?23 COMMISSIONER COOPER: Yes.24 MS. FAUNTLEROY: Vice Chair Harrington?25 VICE CHAIR HARRINGTON: Yes.

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1 ITEM NO. 162 MS. FAUNTLEROY: And Chairman Plousis?3 CHAIR PLOUSIS: Yes.4 MS. FAUNTLEROY: Joseph Watson, Senior5 Vice President of National Marketing for6 Boardwalk 1000, LLC.7 CHAIR PLOUSIS: Is there a motion?8 COMMISSIONER COOPER: I move to grant9 qualification.

10 CHAIR PLOUSIS: Is there a second?11 VICE CHAIR HARRINGTON: Second.12 CHAIR PLOUSIS: Any discussion?13 (No response.)14 CHAIR PLOUSIS: Roll call vote?15 MS. FAUNTLEROY: Commissioner Cooper?16 COMMISSIONER COOPER: Yes.17 MS. FAUNTLEROY: Vice Chair Harrington?18 VICE CHAIR HARRINGTON: Yes.19 MS. FAUNTLEROY: And Chairman Plousis?20 CHAIR PLOUSIS: Yes.21 MS. FAUNTLEROY: Thank you.22 Connie Whidden, Member of the Board of23 Managers, Seminole HR Holdings, LLC, as well as24 additional Hard Rock entities. She's also a25 member of the Compliance Committee of HR

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1 ITEM NO. 162 Atlantic City, LLC.3 CHAIR PLOUSIS: Is there a motion?4 COMMISSIONER COOPER: Mr. Chairman, I5 move to find that Connie Whidden, having6 previously been found qualified, remains7 qualified.8 CHAIR PLOUSIS: Is there a second?9 VICE CHAIR HARRINGTON: I'll second

10 that.11 CHAIR PLOUSIS: Any discussion?12 (No response.)13 CHAIR PLOUSIS: Hearing none, roll call?14 MS. FAUNTLEROY: Commissioner Cooper?15 COMMISSIONER COOPER: Yes.16 MS. FAUNTLEROY: Vice Chair Harrington?17 VICE CHAIR HARRINGTON: Yes.18 MS. FAUNTLEROY: Chairman Plousis?19 CHAIR PLOUSIS: Yes.20 MS. FAUNTLEROY: We got through it.21 And at your discretion, Mr. Chairman, we22 take a break before we proceed to Item No. 17.23 CHAIR PLOUSIS: We're going to take a24 ten-minute break so we can set up some exhibits25 for the next proceeding. So we'll reconvene in

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1 ITEM NO. 172 ten minutes. Thank you.3 MR. CASIELLO: Thank you, Mr. Chairman.4 MR. HOLLANDER: Thank you.5 (A recess was taken from 11:30 to 11:486 a.m.)7 CHAIR PLOUSIS: Thank you.8 We'll reconvene the meeting.9 MS. FAUNTLEROY: Okay. We're almost

10 afternoon.11 The next item for your consideration is12 the agenda Item No. 17, which is the Petition13 of HR Atlantic City, LLC, and Boardwalk 1000,14 LLC, for the issuance of casino licenses and15 for various rulings in connection therewith.16 CHAIR PLOUSIS: Thank you.17 Counsels? Can you introduce yourselves18 please?19 MR. CASIELLO: Nicholas Casiello, Marie20 Jones, and C. J. Fisher from the law firm of21 Fox Rothschild, LLP, on behalf of Petitioners,22 HR Atlantic City, LLC, and Boardwalk 1000, LLC.23 MR. BROOK: George Brook of the24 Weingarten Law Firm on behalf of Tristate25 Partners, LLC, and its holding companies and

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1 ITEM NO. 172 individual members.3 MS. FLAHERTY: Yes. Mr. Chairman and4 Commissioners, Mary Jo Flaherty, Assistant5 Attorney General, with Deputies Attorney6 General Tracy Richardson and Jordan Hollander,7 for the State of New Jersey, Division of Gaming8 Enforcement.9 Thank you.

10 CHAIR PLOUSIS: Thank you.11 Okay. Before the Commission today are12 the application of Boardwalk 1000 and HR13 Atlantic City, commonly referred to as the Hard14 Rock Atlantic City, for the issuance of a15 casino license -- for the casino licensure16 under Section 84 of the Act.17 Hard Rock Atlantic City needs to18 establish by clear and convincing evidence four19 essential affirmative criteria: One, good20 character, honesty, and integrity; two,21 financial stability, integrity, and22 responsibility; three, the integrity of its23 financial sources; and, four, a business24 ability and casino experience under Section25 84e.

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1 ITEM NO. 172 Hard Rock Atlantic City also needs3 satisfy the Commission that its casino and4 related facilities are suitable and located so5 that the casino operations will not be6 affectively adversely. Additionally under 867 of the Act, Hard Rock Atlantic City must8 establish that it does not suffer from any of9 the negative disqualification criteria such as

10 a failure to provide required information,11 conviction of serious crime, or pending12 criminal charges.13 Further, Section 134b prohibits the14 Commission from issuing any license to any15 applicant that fails to agree to afford equal16 employment opportunity under an approved17 affirmative action program.18 In evaluating the licensing criteria,19 the Commission will take testimony today and20 hear the arguments of counsel.21 Before we begin today, there are a22 number of exhibits that have been premarked and23 to which we will now turn.24 MR. NANCE: Chair, Commissioners, the25 premarked exhibits are as follows. The

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1 ITEM NO. 172 Division of Gaming Enforcement has submitted3 seven exhibits premarked as D-1 through D-7.4 D-1 is the DGE Report to the Casino5 Control Commission on the Petition of Hard Rock6 Atlantic City, LLC, and Boardwalk 1000, LLC,7 for issuance of a casino license and for8 various rulings in connection therewith,9 Petition No. 1011805 regarding qualification of

10 Boardwalk 1000, LLC, Hard Rock Tristate AC,11 LLC, Hard Rock Atlantic City Investor, LLC, and12 Hard Rock Atlantic City Lenders, LLC, dated13 April 16, 2018, 40 pages, plus Exhibits A14 through H.15 D-2 is a Report to the Casino Control16 Commission on Petition No. 1011805 regarding17 qualification of HR Atlantic City, LLC, dated18 April 16, 2018, 21 pages, plus Exhibits A19 through G.20 D-3 is the DGE Report to the Casino21 Control Commission on Petition No. 1011805,22 regarding qualification of Seminole HR23 Holdings, LLC, SHRE/SHRI, LLC, and Seminole24 Hard Rock Entertainment, Inc., dated April 16,25 2018, 32 pages plus Exhibits A through D.

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1 ITEM NO. 172 D-4 is the DGE Report to the Casino3 Control Commission on Petition 10118054 regarding qualification of Tristate Partners,5 LLC, dated April 16, 2018, seven pages, plus6 Exhibits A through C.7 D-5 is the DGE Supplemental Report on8 Petition No. 1011805 regarding the Election of9 Call Rights, dated May 2nd, 2018, two pages.

10 D-6 is DGE Supplemental Report on11 Petition No. 1011805 regarding an Amendment to12 the Operating Agreement of Seminole HR13 Holdings, LLC, dated May 2nd, 2018, two pages.14 And D-7 is the DGE Directive Order15 regarding permissible square footage in16 response to PRN 1011804, two pages.17 The Petitioner's submitted 30 exhibits18 premarked as P-1 through P-30.19 P-1 is Hard Rock Brand video.20 P-2 is Hard Rock Atlantic City video.21 And P-3 through P-30 are renderings.22 These are the exhibits.23 CHAIR PLOUSIS: Thank you.24 Is there any sealing requests with25 respect to any of those exhibits?

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1 ITEM NO. 172 MR. CASIELLO: Yes, there are, Mr.3 Chairman.4 Petitioners have filed a sealing request5 with respect to DGE Reports D-1 through D-3,6 and George Brook on behalf of Tristate7 Partners, has filed a sealing request with8 respect to DGE Report that's been premarked as9 D-4.

10 CHAIR PLOUSIS: Counsel?11 MS. FLAHERTY: Yes, Chairman, I would12 move D-1 through 7 into evidence before the13 Commission. And the Division has been in14 discussion with both counsel with regard to the15 sealing of those reports. We've reached16 agreement as to the sealing requests, and they17 are appropriately redacted in our view, and18 those are the motions before you.19 Thank you.20 CHAIR PLOUSIS: Is there a motion to21 grant the sealing request?22 VICE CHAIR HARRINGTON: So moved.23 CHAIR PLOUSIS: Is there a second?24 COMMISSIONER COOPER: I'll second that.25 CHAIR PLOUSIS: Any further discussion?

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1 ITEM NO. 172 (No response.)3 CHAIR PLOUSIS: Hearing none, all in4 favor?5 (No response.)6 CHAIR PLOUSIS: Opposed?7 (No response.)8 CHAIR PLOUSIS: Ayes have it.9 Before calling the parties, are there

10 any procedural matters?11 MR. CASIELLO: None, Mr. Chairman.12 CHAIR PLOUSIS: None. Okay.13 Mr. Casiello? The floor is yours.14 MR. CASIELLO: If I may, Mr. Chairman,15 Commissioners. I'd like to start by16 introducing some of the people who are here17 from Boardwalk, Hard Rock, and Tristate. First18 of all, we have James F. Allen, who is the19 President and CEO of Seminole HR Holdings, LLC,20 and its subsidiaries.21 We also have here today Jon Lucas, who22 is COO of Seminole Hard Rock entities. Thank23 you, Jon.24 And we're also fortunate enough to have25 Henry Hornbostel, who is a member of the Board

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1 ITEM NO. 172 of Managers of Seminole HR Holdings, and a3 Member of the Audit Committee of Boardwalk4 1000.5 With respect to Tristate Partners, we6 have the investors in that company all here7 today. Jack Morris. Joseph Jingoli, Jr. -- no8 junior.9 Michael Jingoli.

10 And Frank DiCola, Jr.11 MR. JINGOLI: His neck. Frank had had12 recent surgery.13 MR. CASIELLO: Frank was here earlier.14 MR. JINGOLI: He was here earlier. He's15 had neck surgery, and it was time for him to16 take a break.17 MR. CASIELLO: With respect to Boardwalk18 1000, let me start by introducing Matt19 Harkness, who is the Property President. And20 if I may, I'd like to allow Mr. Harkness to21 introduce the local Boardwalk team.22 MR. HARKNESS: Thank you, Nick.23 First, we have Todd Moyer, who is a24 Senior VP of Marketing. Todd, stand up. He is25 right there.

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1 ITEM NO. 172 Laurette Pitts is our Senior Vice3 President of Finance.4 Cal Abercrombie is our VP of Security.5 Bob Allen is our VP of Finance.6 Frank Chesky, Vice President and General7 Counsel.8 Grace Chow, Vice President Food and9 Beverage.

10 Bernie Dillon, Vice President of11 Entertainment.12 Diane Dixon, Vice President of13 Purchasing and Retail.14 Bob Ellis, Vice President of Human15 Resources.16 Herb Gee, Vice President of Table Games.17 Paul Juliano, Vice President of Hotel18 Operations.19 Don Kneisel, Vice President of IT.20 Rob Lee is Vice President of Community21 Relations and Governmental Affairs.22 Dave Polizzi is our Vice President of23 Slot Operations.24 And Curtis Lane is our Director of25 Compliance.

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1 ITEM NO. 172 CHAIR PLOUSIS: Thank you.3 Mr. CASIELLO: Thank you. Almost --4 almost ready to say good afternoon.5 We filed a 24-page Petition which6 outlines all of the relief we are requesting7 from the Commission today.8 The Division has conducted an9 investigation and issued six reports on matters

10 related to the entities, numerous orders, and11 numerous reports on individuals.12 As you noted, Mr. Chairman, the primary13 criteria for the issuance of a casino license14 are good character, honesty, integrity and15 financial stability and integrity and16 responsibility. Our compliance with those17 conditions -- those requirements is evidenced18 by the Division reports. There are also then19 technical requirements which casino license20 applicants must satisfy with respect to21 formation of entities, eligi -- sorry --22 eligibility for licensure. And we have23 complied with all those requirements as well.24 They also are detailed in the reports and our25 petition.

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1 ITEM NO. 172 The testimony today will focus on who3 the applicants are, how they got here, and what4 they have accomplished since they acquired the5 former Taj Mahal.6 Petitioners will have two witnesses7 testify today. The first is James Allen, who8 is President and CEO of Hard Rock, and the9 second is Matt Harkness, who is President of

10 Boardwalk 1000.11 Mr. Allen will testify about the Hard12 Rock company, the brand, its history, its13 growth, and its philanthropic efforts. He will14 testify about the property that is now known as15 the Hard Rock Hotel & Casino Atlantic City,16 never to be referred to by me again as the17 "former Taj Mahal."18 And Mr. Harkness will talk about the19 people who are the core of the company and this20 property.21 Thank you, Mr. Chairman and22 Commissioners.23 CHAIR PLOUSIS: Okay.24 MS. FLAHERTY: Good afternoon, Mr.25 Chairman and Commissioners.

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1 ITEM NO. 172 As indicated by Mr. Casiello and during3 the course of this morning's proceeding with4 regard to the qualifiers, this matter began5 when the Division conducted its investigation6 of the Hard Rock entities in 2014. That7 investigation resulted in its January 16, 2015,8 Statement of Compliance, reports on Hard Rock9 entities and individuals in another proceeding

10 before this Commission.11 Hard Rock is a major international12 organization conducting operations in multiple13 business segments, including significant gaming14 activities. In light of the extent of those15 operations, the current matter has been ongoing16 for over a year following the March 1st, 2017,17 purchase and sale agreement for the property18 which will be the Hard Rock.19 During that time, the facility has been20 undergoing a complete renovation. A wide-scale21 investigation of the overall ownership22 structure, relevant operations, and controlling23 persons was warranted, culminating in the24 submission of the reports before you today.25 As part of the investigation, the

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1 ITEM NO. 172 Division had reviewed and updated the Hard Rock3 entities and the corporate chain to the4 Seminole Holding level, the persons serving on5 the Boards of Managers and other individual6 qualifiers, and reported to you that, in our7 view, they've remained qualified.8 The investigation of these casino9 license applicants, however, required much more

10 than those steps, as indicated by Mr. Casiello.11 It also required investigations of the two12 casino licensed applicants, Boardwalk 1000 as13 the casino hotel facility owner and operator,14 and HR Atlantic City as the manager of that15 operation. Those investigations related to16 determining requisite qualifications, but as17 well to specific mandates of the Casino Control18 Act pertinent to such applicants.19 Those areas included designations of20 entity qualifiers, individual qualifiers, and21 financial sources, approvals of audit charters,22 compliance plans, and the composition of both23 audit and compliance committees, and the equal24 opportunity business plan of casino license25 applicants, as well as determinations as to

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1 ITEM NO. 172 casino space based on qualifying sleeping3 units. They have all been carefully vetted and4 analyzed by the Division and addressed by5 orders entered by the Division investigator.6 In conjunction with the Division7 investigation, the Office of Financial8 Investigations has completed extensive,9 historical, financial analyses of the licensees

10 and their qualifying entities, as well as their11 forecasted performance, which are summarized in12 our reports.13 Finally, two new investment groups14 associated with long-term businesses in New15 Jersey and headquartered here decided to become16 involved in this Atlantic City gaming venture.17 They both applied for qualification and18 completed the investigative process with the19 Division.20 All the matters referred to are the21 subject of a detailed Division Report set forth22 on its exhibit list, D-1 through D-7, which23 have been admitted into evidence in this24 proceeding. Those reports with their exhibits25 specify the results of the Division's efforts

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1 ALLEN - CASIELLO2 and provide its analysis. Further, reports3 regarding individual qualifiers listed on4 today's agenda have been provided and resulted5 in your qualification of those individuals.6 With that introduction, the Division is7 prepared to proceed to address the testimony at8 today's hearing.9 Thank you very much.

10 CHAIR PLOUSIS: Thank you.11 MR. CASIELLO: May I call Mr. Allen to12 the stand, please?13 CHAIR PLOUSIS: Yes.14 Mr. Nance, will you swear in Mr. Allen?15 J A M E S F . A L L E N , having been first duly16 sworn, testified as follows:17 MR. NANCE: Please state your name for18 the record.19 MR. ALLEN: James Francis Allen.20 MR. NANCE: Thank you.21 DIRECT EXAMINATION BY MR. CASIELLO:22 Q. The good news is we did this three years23 ago. We're not going to have to do it in another24 three years. Okay?25 (Laughter.)

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1 ALLEN - CASIELLO2 A. We're happy to answer any questions.3 Q. Okay. All right. Well, by whom are you4 employed Mr. Allen?5 A. I'm employed by Seminole Hard Rock6 Holdings, LLC, where I am Chairman, CEO, and7 President, and I'm also employed by Seminole Gaming8 where I'm Chief Executive Officer.9 Q. And how long have you been employed by

10 Seminole HR Holdings?11 A. 2007.12 Q. And could you briefly explain your13 employment history in the gaming industry?14 A. I started my career here in Atlantic15 City back in December of 1979. So certainly it seems16 like it was a long time ago. Initially with Bally's17 Park Place. My first five years were primarily in the18 food and beverage and procurement departments. I then19 was hired by the Atlantic City Hilton. Unfortunately20 for Hilton, they were unable to become licensed, so I21 ended up being part of the Trump organization from22 June 1985 until 1993 where I held various positions in23 hotel operations, food and beverage and nongaming24 areas.25 From there I went to work for Chris

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1 ALLEN - CASIELLO2 Hemmeter, a developer, that also involved in3 hospitality both in Hawaii, Colorado, and New Orleans4 where I was Senior Vice President of Operations and5 general managers of the four of their casinos.6 After that, I went to work for Sun7 International where we were the manager and partner of8 a casino in Connecticut called Mohegan Sun. But we9 created that particular property from the ground up.

10 At that point I was promoted worldwide to Senior Vice11 President for Sun International, which included the12 Atlantis in Paradise Island and other hospitality13 resorts on a global basis.14 I left there in December of 2000, I15 guess it was when I sat down with Sol. And then came16 to work for the Cordish Company where we were the17 developers of the Hard Rock in Tampa and in Hollywood.18 Part of that transaction was for me to eventually19 become the COE of the company, which I announced in20 2002.21 Oh, sorry, Nick.22 Q. That's okay. So you can't keep a job.23 Is that it?24 A. I -- I -- actually for the industry,25 that's pretty stable all things considered.

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1 ALLEN - CASIELLO2 (Laughter.)3 Q. Okay. How did you become Chairman of4 the Hard Rock entities?5 A. We -- we had a license agreement with6 Hard Rock International which was the Rank -- owned by7 Rank out of London. And I learned very quickly that8 the agreement that was negotiated between the Tribe9 and Rank was very favorable to Hard Rock, and I don't

10 say that in any way disrespectful. And I looked at11 what we were being provided by Hard Rock, and12 established -- I thought it would make sense to13 actually try to buy the entity itself.14 So I sat down with certain15 representatives of the Tribe. Humorously, but very16 seriously, they thought that this was something that17 literally could not happen. But I told them I was18 very cognizant of how we grew the business in such a19 short time, and our financial strength, our commitment20 to have a very conservative and strong balance sheet21 that I believe it was something that we could do.22 So we entered into that process where23 there were 72 other financial private equity funds,24 hotel companies, casino companies, restaurant25 companies to try to purchase the assets of Hard Rock

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1 ALLEN - CASIELLO2 on a global basis. Through a five, six-month3 negotiating process, we announced in December of 20064 that we were the winners of the process that was5 actually held by -- Merrill Lynch was actually the6 financial firm that handled the transaction on behalf7 of Rank. And we announced the purchase for $9658 million.9 At that particular time, that's when

10 obviously myself and the Tribe then took the next step11 to pursue the Hard Rock assets on a global basis.12 Q. And how has the company grown since it13 was acquired in 2007?14 A. We've been very fortunate. The company15 has grown almost 300 percent in value. When we16 compare ourselves to any company in the gaming17 industry, or anyone in the hotel hospitality or18 restaurant industry -- there are major names, you19 know, I don't want to name any specific companies, but20 KPMG does an annual evaluation where we do this21 comparison. The Hard Rock brand has grown greater.22 If you invested a thousand or a million dollars in23 Hard Rock or any of the major gaming or hospitality24 companies, the Hard Rock return on investment is the25 highest.

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1 ALLEN - CASIELLO2 Q. And tell us about how many properties3 Hard Rock has?4 A. There's 238 locations in 75 countries5 around the world. Twenty-four of those are hotels and6 11 of those are casinos. The balance is a mixture of7 our company-owned cafes, which there are 64, our8 franchise cafes, Hard Rock Live and Hard Rock retail9 locations on a global basis.

10 Q. And when you testified here in 2015, one11 of the commissioners asked a question about the brand,12 rights, who owns what. How about an update on the13 status of that?14 A. We can report to the Chairman and to the15 members of the Commission for the first time in16 probably 25, 30 years, the Hard Rock brand is now 10017 percent controlled by Seminole Hard Rock Holdings.18 And in September of 2016, we closed a transaction with19 Brookfield who is a large private equity fund out of20 Canada. It did control the rights of gaming west of21 the Mississippi and certain geographic areas on a22 global basis. We purchased those rights back, as I23 mentioned, in September of 2016.24 Q. And what is your involvement in the Hard25 Rock Las Vegas?

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1 ALLEN - CASIELLO

2 A. Well, we are very happy. It's been

3 publicly announced that Hard Rock Las Vegas has been

4 sold. We never owned that entity. We had no

5 involvement in management. The license agreement that

6 we inherited when we purchased the company was done by

7 the founder Peter Morton when he actually retained

8 that asset on an individual basis. We certainly had

9 some issues with the perception of the brand in Las

10 Vegas, both from a public relations standpoint and,

11 candidly, also from a legal standpoint.

12 So we were very excited. We kept in

13 touch with Brookfield when the property was sold to

14 Juniper Capital. And it's been announced that it's

15 been rebranded to a Virgin Hotel. We believe that is

16 very good news for Hard Rock because it allows us to

17 look at other locations in the state of Nevada.

18 Q. Has Hard Rock being selected recently

19 with respect to any of the development of any new

20 casino properties?

21 A. There was a process that started back in

22 2012 in Spain, and specifically in the region the

23 Catalonia, specifically, Barcelona. Numerous gaming

24 companies both domestic and international competed for

25 that particular license, and we were awarded that

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1 ALLEN - CASIELLO2 particular license.3 In addition, we were just awarded a4 license in Ottawa in Ontario, Canada. Once again,5 another competitive environment amongst our peers in6 the industry.7 Q. Okay. Would you tell us something about8 the Hard Rock brand.9 A. Well, you know, the Hard Rock brand is

10 one of the most amazing brands in the world. When we11 look at it from a brand study viewpoint, the Hard Rock12 brand is 90 percent recognized here in North America,13 89 percent in South America, 68 percent in Asia, 6114 percent in Russia. So it truly has a brand global15 recognition that always, in any brand study that we've16 ever seen or done, puts it in the top ten. It usually17 falls somewhere between four and seven. We've seen it18 as low as eight. We've never seen it higher than19 four. And what does that mean? Well, it means that,20 you know, as people travel the globe, they are very --21 excuse me -- you know, familiar with the brand itself.22 I find, on a personal basis, what is so23 amazing about that particular statistic is that we24 only have 220 locations. 228 locations. We're in25 this study up against Coke and Pepsi and Starbucks and

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1 ALLEN - CASIELLO2 McDonald's. So really an amazing amount of following3 of the brand on a global basis.4 Q. Describe some of the typical amenities5 that a Hard Rock hotel or casino might have?6 A. The company started in 1971 as a single7 restaurant. And I think Peter Morton and Isaac8 Tigrett who actually started the company -- in fact,9 we have a meeting with Isaac the second week of May --

10 of June. You know, it really wasn't created as this11 kind of global entertainment brand. And that's the12 way we view the business today. We don't look at it13 as a gaming company. We don't look at it as a14 restaurant company. We look at it as a brand of15 entertainment. Last year we did over 35,000 live16 music events. As I mentioned, we're in 75 countries17 around the world. Visitations at Hard Rock locations18 on an annual basis exceed 120 million visitations that19 we're aware of. So the brand itself is about20 entertainment.21 And in these amenities, certainly we22 offer hotel, retail, food and beverage, entertainment23 experiences, but we're really trying to bring together24 all the aspects of where people like to go out and25 engage with others, to be able to do it in a safe,

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1 ALLEN - CASIELLO2 nonpolitical, very stable environment.3 I always say there is only one, and4 underscore the word "one," international language.5 And that is the language of music. The language of6 music. We can all talk about our past. We can all7 talk about our different cultures. But no what8 culture or country we're from, music is part of us as9 far as individuals, and it's in our DNA. And Hard

10 Rock is the only brand on a global basis that11 represents music. And we're not just -- god bless the12 name and, I always say I'm not sure who drew the logo.13 I technically know that somewhere, but the reality is14 Hard Rock, whether we're in Asia or whether we're in15 Africa or whether we're here in the United States, it16 is about music. And that is an international language17 I think that will continue to grow as time moves18 forward.19 Q. How many people does Hard Rock employ?20 A. Directly and indirectly through our21 license and franchisees, we employ 36,000 people.22 Q. Are you familiar with what's known as23 the branding video that's been premarked as P-1 --24 A. Yes, I am.25 Q. -- now in evidence?

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1 ALLEN - CASIELLO2 Would you like to say anything about it3 before we show it?4 A. Well, I -- you know, I think that one of5 the fun things about the video, it kind of shows the6 brand doing many different things. You know, whether7 it be -- I like to reference -- one of the things8 people ask me is, when you bought the company, what9 was one of the more fascinating things that you

10 learned? And what I learned was there is this cult.11 And I say that in a very positive way. Nick's12 probably getting nervous.13 (Laughter.)14 A. Of Hard Rock pin collectors. And15 literally there are pin collectors around the world.16 There's conventions where they just go to see Hard17 Rock pins. And there are literally hundreds of18 thousands of different designs of our pins.19 So, hopefully, the video will20 demonstrate a little bit more fun side of the brands.21 And certainly we'll give a presentation on the22 philanthropic side of the brand, which I think is so23 important. When the company was formed, "Serve all,24 Love All," "Save the Planet" and "All is One," mean25 something. And it still means something today to me

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1 ALLEN - CASIELLO2 personally, and it obviously means something to the3 parent company and the Tribe, Seminole Gaming.4 So am I supposed step a way a little bit5 or --6 Q. Come over here with me.7 A. Okay. I'm going to get yelled at by8 Nick, because I said we were a cult.9 Q. Come over here. Take the microphone.

10 A. Okay. I think as his comes up, the11 first guy is Jimmy Page.12 THE WITNESS: Volume?13 (Hard Rock Brand Video was viewed from14 12:15 to 12:19 p.m.)15 Q. So what did we see?16 A. Well, I think the one thing that,17 hopefully, the video demonstrates is that we'll never18 forget about the history of Hard Rock. But that was19 Rihanna talking about, you know, different20 philanthropic efforts we do with her. Whether it's21 Pitbull, you know, we're so involved with the artists.22 It is truly unheard of. And we actually verified this23 with Ticketmaster. But when we announced the Hard24 Rock's officially opening date of June 28, 2018, we25 put 60 shows on sale at one time. And Ticketmaster

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1 ALLEN - CASIELLO2 said it's never been done before. When, you know, the3 Eagles and Jimmy Buffet -- Jimmy Buffet who owns4 Margaritaville -- play in a Hard Rock stadium and it5 sells out, and then we sell out Taylor Swift and we6 sell out Beyoncé, in this particular weekend, we're7 actually doing a Hip Hop Festival. It really shows8 you the diversity of the brand.9 We certainly recognize that the brand

10 was, you know, founded with our first piece of11 memorabilia with Eric Clapton and obviously, the12 Beatles. But, to me, I think the video demonstrates13 it's more than Hard Rock Cafe. It's truly a brand of14 entertainment.15 Q. You mentioned earlier some of the16 saying, mottos of Hard Rock, "Love All, Serve All."17 What is the Hard Rock philosophy with respect to18 philanthropic efforts?19 A. I think it, you know -- it started20 really back in 1971 to love all, serve all, save the21 planet. And when you look at specifically Isaac, you22 know, he's had so much history on a global basis,23 still traveling the world, really giving his life to24 helping others. Peter Morton, who is part of the25 Morton family from Chicago and Morton steakhouses, you

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1 ALLEN - CASIELLO2 know, they wanted to do something different. So they3 built a climate. They built an environment and4 culture with their employees so that we're not just5 going to be about making a dollar. You know, and I6 think that's something that has stayed with the brand7 to this day.8 Certainly back in 2006 when the Tribe9 and myself became part of the ownership, you know,

10 we-- I think we took that to a whole other level.11 Because I think if we think about the challenges that12 have happened with Native Americans here in the United13 States and all the things that the Tribe has been14 through, I think it's just taking it to a whole other15 level to make sure we give and back and help others16 who are less fortunate than we are today.17 What's amazing about the Hard Rock18 brand, "Love All, Serve All," the first employee that19 was hired, Rita, she's still with us today. And I'll20 tell you the level of detail that Jon and I have in21 the company. I personally was involved in her22 renegotiation of her agreement to make sure that she23 stays with us on a long-term basis. Rita's got to be24 in her mid-seventies now. And we certainly love the25 opportunity to still work with somebody who is truly a

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1 ALLEN - CASIELLO2 legend. So love all, serve all, give back is3 certainly that's very important to me personally and4 obviously from the brand itself since 1979.5 Q. And that ties into the second video we6 would like to show.7 A. Okay. Looks like I need to move again.8 (Hard Rock Philanthropic Video was9 viewed from 12:23 to 12:25 p.m.)

10 A. Nick, if I can just point one thing out11 from the philanthropic video. We do not pay any of12 the artists. They are actually volunteering their13 time. And I think I sit here with confidence -- and I14 don't think there's too many, if any, hospitality or15 gaming companies can say that. So whether I use16 Rihanna or Bruce Springsteen or Bono -- the list just17 goes on and on and on -- these artists actually18 volunteer their time to work with us.19 Now, I don't want to misrepresent. We20 obviously, you know, have an amazing amount of21 publicity, you know, hundreds of billions in medias22 impressions on an annual basis. So when we get23 involved and we present something on behalf of any of24 these artists, we do that on a global basis. So that25 obviously helps them facilitate their goals as far as

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1 ALLEN - CASIELLO2 giving back to others. And with a network that Hard3 Rock has in 75 countries around the world, it4 certainly is something that works for all parties5 involved. Most importantly, trying to help others.6 Q. All right. You appeared before this7 Commission in 2015 for a Statement of Compliance. Do8 you remember the reasons you wanted to obtain that9 Statement of Compliance?

10 A. We believed -- and I personally have11 believed for some time that while certainly Atlantic12 City has had its ups and downs, I think the good news13 is we're in an upswing again even prior to the Hard14 Rock project. But we felt it was important that if an15 opportunity became available, still in the second16 largest gaming market in the United States, still with17 30 million people within basically two and-a-half,18 three-hour drive, that we wanted to be prepared for19 that potential opportunity. If we were not qualified20 or prequalified, the concern was that another company21 that had been licensed could potentially step in and22 purchase an asset that we may be interested in. So23 obviously that was our goal then. And we thank the24 Commission for their past reviewing our application25 because it certainly helped us because we were able to

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1 ALLEN - CASIELLO2 sit down with our partners -- which I'll talk about3 them in a moment -- to purchase the new Hard Rock4 Atlantic City.5 Q. Tell the Commissioners --6 A. I'll still say it. The Taj Mahal. I7 was --8 (Laughter.)9 A. I was there when it opened so. That's

10 for another day of testimony.11 Q. I'm not sure you want to brag about12 that.13 A. Right. Oooh.14 Q. Tell the Commissioners about the15 opportunity that came along.16 A. Well, I think, number one, the17 opportunity came along because of our relationship18 with our partners. I think it's really important to19 demonstrate the team. Certainly Hard Rock's the20 brand, and then I think that Michael, Jack, Joey, you21 know, we all understand that Hard Rock -- we're the22 manager, et cetera. But the local tie to Atlantic23 City, the local tie to the area, navigating the state,24 making sure that we can demonstrate through our25 relationship of becoming their partner, of having

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1 ALLEN - CASIELLO2 success. So, to me, that was the next step.3 And we looked at a few other assets4 together in town. But, candidly, I was aware on a5 very personal basis of how well the Taj Mahal was6 built. And the analogy that I like to give, whether7 it be here testifying in front of the Chairman and the8 Commissioners, think of this. The Mirage Casino9 Resort in Las Vegas was attributed to completely

10 turning around Las Vegas. And the cost of that11 particular project, which opened in December of 1989,12 was $675 million. The Taj Mahal opened five months13 later, April 2nd, 1990. The day that I'll never14 forget. And it -- nobody would say it was less than15 1.1 billion. Most people would say it was between 1.116 and 1.2 billion. Now, certainly it had some17 challenges when it opened, but we certainly know that18 the physical structure, the four million square feet,19 is built as well as anything in our industry. And at20 the time, it was the most expensive hotel or casino21 resort ever built in the world. So we were very, very22 excited.23 I had previously stated many times there24 were only two locations in Atlantic City that we would25 consider as a remodel. We certainly had looked at

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1 ALLEN - CASIELLO2 different projects through the years. But when this3 conversation came up with the previous owner, we were4 very excited about it. Couldn't have happened without5 our partners.6 Q. And what have you done to that building7 since you purchased it?8 A. You know, it -- it was two great9 memories in my life. One was the day we opened.

10 Because it really was gorgeous. The place was11 absolutely spectacular. And then, boy, walking back12 into it, you know, 25 years later, boy, how dated it13 had become. It's a shame that obviously the previous14 ownership structures weren't able to keep up with it.15 And we made a decision very quickly that the place16 needs to be gutted. And I don't mean just, you know,17 some new wallpaper and new paint. We truly stated18 that we would not purchase the asset if we did not19 create a budget that allowed us to gut the rooms and20 gut the casino and literally start over again. And21 that's basically what we've done.22 And even -- well, today, there's23 certainly thousands of people working in that building24 from the operational side and the construction side.25 By the time we open on June 28th, there will virtually

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1 ALLEN - CASIELLO2 be nothing -- I mean, unless you were an expert --3 that it was previously part of the previous ownership.4 Q. And at what cost?5 A. We're going to be over $500 million in6 the actual renovations of the facility itself.7 Q. And could you tell the commissioners8 about the various amenities the property will have?9 A. Would you like us to do it on the map

10 here?11 Q. Yeah. We can do that.12 A. Okay. So, one of the -- one of the13 great things about the facility itself is that when14 Resorts International designed the building, they15 really had thought it through. So the actual layout16 of the facility itself is something that's very17 pleasing because you're able to mix a hotel function,18 a gaming function, the entertainment function. But at19 the same time, they can be separate. You can20 literally check in -- you'll be able to check into our21 front desk and go directly up to your rooms and not22 have to walk through the casino floor. We think23 that's something that's very positive.24 So this is basically the main entrance25 here, the porte cochere. That was completely gutted,

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1 ALLEN - CASIELLO2 completely redone. This is our front desk area. It's3 probably one of the few areas we got a little crazy4 with marble and budgets and stuff, but we hope5 everyone enjoys it. Because, frankly, there's truly6 nothing like it in the industry.7 As we walk through, this kind of takes8 you to up to your hotel rooms, to the different9 towers. There's the original tower, which is 1250

10 rooms. And then there's what used to be referred to11 as the Chairman's Tower. That's our second tower.12 And all in, we're just about 2,000 rooms. All these13 rooms have been completed redone. Most of the rooms,14 including the bathrooms themselves, completely gutted.15 So what we refer to as the main gaming16 floor. If we wrap around this particular area here,17 this is what was previously known as the Etess Arena.18 This will now be called Hard Rock Live at the Etess19 Arena. I actually received a beautiful, beautiful20 letter from Mark Etess' daughter three weeks ago21 thanking us for keeping the name. Mark was one of my22 mentors in the industry. His brother Mitchell23 promised me he's going to be at the opening.24 But we've completely redone Hard Rock25 Live. It will now have a capacity of over 7,000. One

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1 ALLEN - CASIELLO2 of the challenges with the room originally, little3 humorous but seriously, was never finished. Okay?4 There were certainly some financial challenges back in5 1990. So we have finished the room. I think when6 people see the new concessions and the food and7 beverage areas, they are going to be very, very8 impressed. Completely redid. We relocated -- or9 removed, I should say -- the poker room.

10 As we go down this particular area here,11 this is our restaurant row, starting with Council Oak12 Fish. We have another brand called Kuro. We had a13 great relationship with Avellino's, so they have14 renovated their restaurant, and they're actually15 coming back. The old Dynasty restaurant was16 completely redone. Matt brought in a new Asian team17 actually from Macau. As far as the legendary gaming18 and international gaming experiences there.19 As we come back around this particular20 way, the Hard Rock Cafe used to be in this particular21 corner. So the Hard Rock Cafe and entertainment area22 now becomes about the main focal out to the casino23 floor.24 But the one thing we did both in the25 cafe and also in Council Oak Fish was, rather than

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1 ALLEN - CASIELLO2 just put chairs on the Boardwalk, we actually cut into3 the building so that you are under structure at all4 times. And then we obviously built rails and glass so5 that, you know, if somebody's walking by on the6 Boardwalk and make sure that we keep the appropriate7 demarcation line from there.8 This particular area here is a tenant9 called the Sugar Factory, if you're familiar with the

10 Sugar Factory. A tremendous amount of celebrity11 followers. So that is also one of the new amenities12 we brought in the property itself.13 This particular appear is here is kind14 of our nightclub lounge area but also takes up to the15 new theater. This particular theater we focused16 tremendously. I think it's a great testimony to the17 power of the brand. We have a relationship with the18 Nederlander family. Bernie's done an amazing job on19 booking Broadway shows coming here to Atlantic City,20 whether it be "Kinky Boots." "The Million Dollar21 Quartet." The list goes on and on. So that kind of22 commitment, as I think I mentioned earlier, over 30023 shows in the first year -- no one in Atlantic City or24 no one in Las Vegas has ever committed to 300 nights25 of entertainment in one particular property.

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1 ALLEN - CASIELLO2 I would tell you that if we didn't have3 the relationships we have on a global basis, we4 wouldn't be able to do that. So that's certainly not5 us being disrespectful to any of the existing6 operators. I think it's just another testimony to the7 strength and the power of the brand itself.8 So as we go up these particular steps,9 we completely gutted the whole second floor, and we're

10 building a new nightclub. That will be an surprise.11 We don't want to get into too much detail today. But12 that nightclub, I think, will be a major stay. The13 talent that we've brought in from both Las Vegas and14 other international markets, I think, will make a real15 statement of people wanting to come to Atlantic City.16 As we go along the second floor, more17 in, we'll call it, the south side of the building, one18 of the great parts about the building is the meeting19 and convention space with almost 150,000 square feet20 of meeting and group space. We're very excited about21 driving business not just on Friday and Saturday22 night. We hired one of the more senior executives,23 successful talents in the industry. Very, very24 candidly, we couldn't afford her just for Hard Rock25 Atlantic City so we created a position globally for

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1 ALLEN - CASIELLO2 Hard Rock to specifically book and bring meetings and3 groups to Atlantic City. Danielle actually came to us4 from the Wynn organization and previously had been5 with MGM Mirage Resorts, responsible for all their6 meeting and group business where they have millions7 and millions -- I think about six million square feet8 of meeting and group space.9 As we walk down this particular corridor

10 here, we have the main ballroom itself which -- make11 sure I'm in the right spot. Right here. And then,12 going back, this is actually just looking from a plan13 viewpoint of Hard Rock Live from above.14 Oh, I'm sorry. And we also have our15 Marketplace Buffet, and we have a high-end VIP Lounge16 in this particular area here. Above -- separate from17 our true VIP gaming area, which we refer to as "Plum,"18 this kind of more for our mid-tier customers here.19 So now we have some renderings. We20 figured by now that if anybody wants to do what we're21 doing, they can't get it done in the next six weeks22 because we are sure we're going to be done by June23 28th. But I will tell you that there's a lot of work24 still to do.25 This is where I mentioned earlier, you

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1 ALLEN - CASIELLO2 know, it was this iconic shot of the old famous Taj3 Mahal sign that was used to be here. We knew that it4 was so important to put substantial dollars and5 capital into this entrance. But we didn't just do a6 facade. Actually, when you pull up into the porte7 cochere, all the ceiling is worked. There's portal of8 entrance. There's video. And obviously an iconic9 Hard Rock guitar. I think this guitar is about 85

10 feet high. So this will be a great photo op for11 anybody that comes into Atlantic City.12 And this kind of illustrates the wood13 ceiling that I was -- did I do something? No? Marie14 is trying to trick me.15 Anyway, so this is kind of demonstrating16 that wood ceiling. You can see all the portals and17 the -- it is a totally new entrance. We could have18 recarpeted and put some memo up, and that would have19 been fine short term. But the reality is we've made20 this investment, you know, the Morris family, the21 Jingoli family, and the Seminole Tribe, myself, and22 Hard Rock, to make sure that Hard Rock Atlantic City23 grows. So, to us, it was very important to have a24 product that people would want to come see, not just25 move people from another existing facility.

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1 ALLEN - CASIELLO2 This is the famous front desk. I don't3 know if anybody noticed the square foot cross of blue4 marble. Just trust me, it's expensive. We've done5 this incredible floor.6 (Conferring.)7 A. Oh, it's a touch screen.8 (Laughter.)9 A. And we are going to focus. We have a

10 Howie Mandel Comedy Theater, also.11 Q. I'll be the opening act.12 A. The opening been act will be Mr.13 Casiello and myself.14 If we don't get this, we're in big15 trouble.16 (Laughter.)17 A. See? You can tell Hard Rock's a brand18 of fun and entertainment. Okay.19 When is the last time in a lawyer yelled20 at his client not to touch the screen?21 (Laughter.)22 A. Anyway.23 Q. It will be the last.24 A. Obviously, it shows the individual25 portals and the separate VIP check-in. And I don't

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1 ALLEN - CASIELLO2 know the people aren't really interested in the level3 of the architecture, but this is something I truly4 love. If you look at all the layering of the ceiling5 itself. You know, this isn't just a layered ceiling6 of tile. This all form ceilings. Really going to be7 an tremendous experience when people come back to8 Atlantic City.9 And this kind of gives you a little bit

10 more of a close view.11 THE WITNESS: Oh, a laser. Okay.12 MS. JONES: The other side.13 MR. CASIELLO: Other way.14 THE WITNESS: Okay. Keep going, Marie.15 You better get us out of trouble here.16 A. So this is one of the VIP lounges. This17 is the entrance -- this is the escalator that takes18 you up to the second floor to the meeting and group19 space. If you continued here, you'd actually be going20 towards the elevators to the hotel rooms.21 This is the new lobby bar and feature22 bar. This will also be also offering live23 entertainment. This is a bronze structure with all24 types of interactive LED. This is an actual shot of25 the casino itself. So you can see we've done

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1 ALLEN - CASIELLO2 something that I believe only one or two other3 properties in Atlantic City has considered, but we've4 actually taken it through the whole building. All of5 our pathways will be marble and stone. We certainly6 have seen many casinos where they just lay carpet7 down, put slot bases on it, put the machines on and,8 hopefully, people will, you know, navigate through.9 We have a different philosophy. Excuse me. We

10 believe in our team. We know our gaming layouts.11 We've studied this market as well as anyone. We have12 an amazing team we've put together. So we are13 committed obviously to our gaming layout. And most14 importantly, we believe we're going to exceed the15 revenue projections that we have so we can add to this16 layout. But that will not interfere with our stone17 pathways, obviously with the different crystal and18 glass ceilings that we've created in combination with19 to the wood coffers.20 Oh, this is one of the VIP gaming areas.21 I think that what's really important is -- it's --22 it's really important to Hard Rock that everyone23 succeeds in Atlantic City. But I can tell you we24 think that one of the areas the town has the ability25 to grow its business is truly focusing on that level

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1 ALLEN - CASIELLO2 of service, commitment, and VIP business.3 We are, in the United States, Hard Rock4 Seminole Gaming is the most successful casino gaming5 in the United States and no one is even close.6 Certainly if you include Macau and Singapore, Las7 Vegas Sands would be above us. But we understand this8 VIP business on a global basis. And building9 amenities and a room like this to make sure that that

10 guest feels comfortable as though they were in11 Singapore or Macau or some of the nicer properties in12 Las Vegas, is something we're committed to bring here13 to Atlantic City.14 And this just gives another shot of it.15 This looks like it's the Hard Rock --16 that's actually the center bar. And behind it would17 be the Hard Rock Cafe itself. My apologies. I'm18 trying not to block people's views.19 But you can see as you go through here,20 literally every inch of this building is going to be21 completely rebuilt. So we're very excited about the22 renderings.23 Yes, we need a cage and cashier. Keep24 moving.25 This is actually the bar in the Hard

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1 ALLEN - CASIELLO2 Rock Cafe. You can see that --3 THE WITNESS: Oh, I won't touch, Nick.4 Sorry.5 (Laughter.)6 A. You know, so once again, it's not a laid7 tile. These are barrel-molded ceilings. Obviously8 all individual woodwork. All independently hand-blown9 glass. You know, frankly things that people haven't

10 seen her in Atlantic City.11 Just another view of it. Keep moving.12 This looks like it's the exterior. So13 this is actually an area of the building that is part14 of that space that directly in this direction would be15 the Boardwalk. But you can see how we cut the16 building in. So this is actually a bar that's on the17 Boardwalk which will offer live entertainment. We18 have the ability to also put additional tables out on19 the Boardwalk, but this will be, you know, hopefully a20 good eight, ten-month experience. You know, certainly21 in the middle of January, be a little bit difficult.22 This is our Council Oak Fish. This is a23 restaurant that is also out facing the Boardwalk that24 has both interior and exterior spaces. This is a25 restaurant concept.

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1 ALLEN - CASIELLO2 The Council Oak is known in the Tribe as3 the place of meeting. Literally, there's an amazing4 oak tree that as far back as you go in the Tribe's5 history that that's where the tribal members used to6 meet. So the name "Council Oak" is used in different7 factions, but in this particular space, it's going to8 be our fish restaurant.9 And this looks like it is the bar of

10 that particular area.11 And then this is Kuro. Kuro is truly an12 amazing food and beverage concept. Our team down in13 Florida, a lot of them had tremendous experience,14 opened Nobu's on a worldwide business. The ownership15 group of Nubo are good friends of mine. So we were16 fortunate enough to have three of their senior people17 to join us in Florida. We created this brand called18 Kuro. It's basically a Japanese concept, and I would19 tell you, it has complete the exceeded our20 expectations. It's already familiar with the James21 Beard Award. If you're a food and beverage junkie,22 you know that's as high as you can get in the23 industry. So we're excited to be bringing that here24 to Atlantic City.25 And this is our Chinese restaurant. In

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1 ALLEN - CASIELLO2 the old days, that would be the old Dynasty.3 Hard Rock Live, I kind of mentioned this4 earlier, you know, 2,000 capacity. God bless Bernie5 and his team. You know, we're committed to 300 shows.6 And it is a mix the not just rock and roll. You know,7 it is blues, obviously many different types of acts8 with different back grounds, country. In order to9 make sure we have a complete palate for anyone

10 interested coming to see our facility.11 And this is -- that's kind of a bad12 slide, but it kind of shows you these angles. Oh,13 sorry. I'll get in trouble again. But in the old14 days, you know, the seats, frankly, used to be pulled15 out this way. We've now built these angles here where16 you kind of -- everybody has a better view of the17 stage itself. And all the sound in the room has been18 completely redone.19 And that kind of gives you -- this is20 actually a better shot of it. So that I would be --21 this would be, you know, center stage mic. That would22 be the back of the arena, and these are the23 dormitories that we added in. And the concessions and24 all the new food and beverage is behind that.25 Our Marketplace. This is a concept that

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1 ALLEN - CASIELLO2 I actually created before I came to work with Hard3 Rock over when we built the Atlantis. Really the4 concept is about action stations and really committing5 to local products and goods.6 And, you know, it's just not the7 traditional buffet where we see in, frankly, in many8 different facilities around the country. Everything9 is cooked to order.

10 This is the entrance to our hotel rooms.11 So there's the lobby, if you will. Once again, the12 combination of those different golds and whites and13 blue marbles. And obviously, the swirl design. We14 always joke with the designer, god forbid, we do15 90-degree angles, which would make life a little bit16 easier. Right? But certainly the swirl, when it's17 all said and done, really makes the attractiveness of18 the design itself. So our design team, local19 architect here, Tom Sykes and SOSH, and also Jeffrey20 Beers out of New York.21 Hard Rock Live Entertainment. Keep22 rolling.23 And then our gas station. So this is a24 concept that back in 19 -- let me see, '97 or so, we25 were talking about the distance from Mohegan Sun to

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1 ALLEN - CASIELLO2 New York City. And myself and Mitchell Etess, who I3 were talking about earlier, we sat down and talked4 about, we should give them gas. So then we decided to5 build the Gas Palace, as we call it. It was world's6 most expensive gas station. So we have taken that7 concept, you know, to our locations in Florida, Ohio,8 other places. And we are going to build a -- another9 Gas Palace, if you will, here on the corner of

10 Virginia Avenue and Pacific.11 This will be a convenience store. A car12 wash. Number one, it creates new energy and13 entertainment and construction on Pacific Avenue,14 which we think is so important for the town. I don't15 even know if there is a gas station anymore in16 Atlantic City. But we're certainly encouraging locals17 and all of our guests to use this facility, and it18 creates another amenity at the property. Because it19 also allows us to create marketing plans. Okay. If20 you haven't been to Atlantic City in a while, that's21 fine. Come on down. The gas is on us. And we can22 work different marketing programs like that.23 Now, will with our luck, oil will go to24 $300 a barrel and --25 (Laughter.)

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1 ALLEN - CASIELLO2 THE WITNESS: Jack, I didn't tell you3 about that in the proposal.4 A. All right. Keep rolling.5 MS. JONES: That's it.6 MR. CASIELLO: We're good.7 A. We're good? Okay.8 So that's obviously renderings of the9 project, where we are today.

10 My apologies for the cold.11 Q. Sure.12 What impact will this property have on13 the Atlantic City market?14 A. It's our belief, based upon my earlier15 testimony of the strength and power of the brand, our16 ability to market, we will create a reason for people17 that are already in New York or Pennsylvania,18 certainly going down into the Baltimore, Maryland,19 area, say, you know, we haven't been to Atlantic City20 in a while. What is all this Hard Rock news and21 publicity about? We know we can generate that.22 Absolutely amazing. When we announced23 the purchase of the Taj Mahal by Boardwalk 1000, we24 had over 400 million media impressions within the25 first 30 days. And we're happy to provide that to the

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1 ALLEN - CASIELLO2 Commission as evidence if someone would like to review3 that. That's startling. That tells us that people4 are interested in our brand. And here's the better5 news. We could not find any negative publicity on6 this particular transaction.7 So we believe that we'll create this8 marketing machine, that people will give Atlantic City9 another try, and, hopefully, that will help grow the

10 market. And, to me, that's why it's so important,11 it's why we have reached out to the community and the12 local residents to make sure Atlantic City puts its13 best foot forward.14 Because very, very, politely, and15 respectful to the Chairman and Commissioners, this is16 our last shot. You know, I'm not sure if you're going17 to grant us the opportunity to have a license. But if18 you do, if Hard Rock fails, it is not good for19 Atlantic City. So when I drive in this morning and I20 still see grass this high, and I see all the different21 things that we've been banging our heads on for the22 last year, it's so important that we come together as23 a community. Because between the Jingoli and the24 Morris family, the Tribe and myself and Hard Rock,25 we've just put $500-plus million of our money on the

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1 ALLEN - CASIELLO2 line.3 Keep in mind, we did not go to Wall4 Street and borrow this money. We just put cash into5 Atlantic City. And that's something that's so6 important to us.7 This is the part Nick tells me to calm8 down, but.9 Q. I would never tell you to do that.

10 Earlier this week, Ocean Resort, the11 former Revel, announced that they were going to be12 opening up the same day as the Hard Rock. What impact13 would an opening of that facility have on Hard Rock in14 Atlantic City?15 A. Well, I think first of all -- I think16 they're very smart, you know, to try to open as close17 to -- I mean, if it's the same day, you know, that's18 up to them. I'm not sure where they are in their19 critical path, and that's not for me to comment. But20 I certainly know that -- I'm sure they know that we're21 going to create tremendous media, you know, exposure22 to the market. So if they can ride on that particular23 wave, I think that's wonderful.24 We love the fact that there's almost25 1500 rooms that are going to be opening two doors down

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1 ALLEN - CASIELLO2 from us. For those of us who remember Revel -- and I3 know the building very, very well -- one of the things4 people always said about the rooms at Revel were they5 were great. They were designed by a good friend of6 mine, Larry Lee. I'm actually the guy that7 recommended Larry to Kevin DeSanctis. Larry also8 designed the rooms for Borgata and the Hard Rock in9 Hollywood. So the rooms at Ocean are great. We think

10 it's wonderful to have another 1500 rooms or so in the11 inventory in the city of Atlantic City.12 We also know the restaurants were very13 successful when Revel was open. I'm told that most of14 those operators are coming back. So that's another15 reason to come here to Atlantic City, and we actually16 think that's a good thing.17 Q. How is the purchase and renovation of18 the facility financed?19 A. Well, as I mentioned a few moments ago,20 there is no doubt -- and we like to focus on the21 positive. But Wall Street or financial resources that22 would traditionally fund capital for casinos, there23 was literally no money for Atlantic City. And that's24 not an exaggeration. And we certainly, you know,25 looked at different options. Even if somebody wanted

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1 ALLEN - CASIELLO2 to loan you money, the interest rates would have been3 in the middle teens. So we felt that it was such a4 great opportunity, still in the second largest gaming5 market in the United States, that I sat down with the6 board members of Hard Rock, and we looked at our7 financial strength and said, we believe in the town.8 We believe the worst is behind us. Certainly the9 things that were starting to move forward like the

10 PILOT Program and different things showing the city,11 the town, in Trenton -- I know it wasn't all easy --12 but people coming together to say we need to do13 something to fix Atlantic City. We can't let Atlantic14 City fail, was very encouraging to us.15 So Hard Rock International funded a $40016 million loan to the facility itself. In addition,17 Hard Rock has put in 46 million worth of equity. On18 top of that, we're wiring on Friday another 20 million19 which we call our cage cash impression.20 Q. If Boardwalk does not meet its financial21 projections, is there any -- are there any22 alternatives?23 A. Well, because we loaned the money to the24 project, we as Hard Rock, we certainly have the25 ability to look at that financial structure and change

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1 ALLEN - RICHARDSON2 it or alter it because, you know, very, very3 respectfully, we're paying ourselves.4 Q. And what role does HR Atlantic City,5 LLC, have in the management?6 A. I'm sorry, Mr. Casiello, I just want to7 make sure I testify. There is no public debt on this8 facility. So it is, in theory, debt free.9 Q. Okay. What role does HR Atlantic City,

10 LLC, play in the management of Boardwalk 1000?11 A. Hard Rock Atlantic City, LLC, has a12 License Development and Management Agreement to13 operate, design, develop the facility 100 percent.14 Q. And I have no further questions.15 CHAIR PLOUSIS: Thank you, Mr. Allen.16 MS. FLAHERTY: Miss Richardson will do17 the cross.18 CROSS-EXAMINATION BY MS. RICHARDSON:19 Q. Thank you. Good morning, Mr. Allen.20 A. Good afternoon.21 Q. What will be your ongoing role at the22 Atlantic City casino property?23 A. Well, the good news is that, as the24 Commission saw the application for Mr. Harkness and25 the team that's here today, they will be the

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1 ALLEN - RICHARDSON2 day-to-day management team. But because I went to the3 board of Hard Rock for the 450, $460 million that we4 are actually putting into this project, I will stay5 100 percent actively involved. Not necessarily on an6 everyday basis but certainly every other day.7 Q. And the property at this moment is8 currently under a restrictive covenant that prohibits9 casino gaming; is that correct?

10 A. That is correct.11 Q. But Hard Rock does intend to release12 that covenant prior to the Division issuing a13 Certificate of Operation and obviously beginning the14 opening of the property; is that correct?15 A. That is correct.16 Q. And you discussed the extensive property17 renovations that are in progress and some of which18 have been completed. Aside from the overall19 re-theming and the gutting of the property that you20 mentioned, what would you say are the major components21 that were necessary to turn this into a Hard Rock22 branded property?23 A. I think we are so excited about the24 employees. It just -- amazing. We've already hired25 over 3,000 employees. And the enthusiasm that we've

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1 ALLEN - RICHARDSON2 seen from the -- the interested applicants wanting to3 work, and recognizing that, you know, this is a great4 opportunity not just for them as individuals, not just5 for our building, but for Atlantic City to take the6 next step. We also would like to thank Bart7 Blackstein and the Showboat, our neighbors. They were8 absolutely amazing. They helped us facilitate these9 huge job fares. I don't want to say this is an

10 accurate number, but I've been told that close to11 50,000 people applied for jobs. I need to validate12 that a hundred percent, but that's the guidance I've13 been given. So, you know, that many people applying,14 come in, whether it be on-line, it's been a great15 opportunity for us to obviously bring back are jobs16 here to Atlantic City. And they are so important to17 our success.18 Because I am confident that we've19 designed a property that will be of interest. We will20 not succeed unless we deliver the service at the21 highest level. The financial reductions and the focus22 on service in Atlantic City has been part of the23 problem. Not the only problem, but part of the24 problem. There is a beautiful facility at the25 Borgata, but there is no doubt that they offer a

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1 ALLEN - RICHARDSON2 different level of service than what some of the other3 properties have done. So to us, putting that money4 back into the employees, funding the most talented5 individuals that are enthusiastic -- we actually6 had -- you can't imagine the number of calls that I7 got from people who said, I can't believe you didn't8 give me a job. And in many cases, they had the9 experience but they did not pass the personality test.

10 If you come into an interview, and we asked you to11 sing a song, and you're in front of a panel of five12 people -- that's the process we've taken these 3,00013 individuals through. And I compliment Matt and Craig14 Kaiser and the team and Jon Lucas. We're really15 excited about the level of employee we have. And16 obviously now going into the battle looking to provide17 this service. Because it's all going to be about the18 service when this done. And the first couple weeks,19 it's obviously going to be rough. There will be ups20 and downs, but we have to focus on giving the world's21 best service.22 Q. And are there common design elements or23 amenity elements that guests at other Hard Rock24 properties will see here in Atlantic City?25 A. You know, I think that one of the things

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1 ALLEN - RICHARDSON2 that I personally believe in is -- because I started3 at the bottom back in 1979, I truly understand what4 the day-to-day employee goes through. Virtually every5 job in this industry I've done, you know, at one time6 or another. Went to gaming school and many different7 things. So we understand that they are only as good8 as the tools we give them. So we certainly take all9 of our systems from a global basis to make sure that

10 the employees, the systems we use, the designs -- you11 know, the side station in a restaurant is really,12 really important. Designers don't like to put them in13 because they're not pretty. Okay? You know, so we14 make sure that we have those adequate tools. And I15 think that's something that is very, very important of16 our experience on a global basis.17 Q. And you mentioned earlier that the18 facility was desirable because of the layout, the open19 floor plan for the casino floor. What specifically20 about the layout did Hard Rock actually move, change,21 alter?22 A. The first thing we took out was the23 original staircase and escalators. And a lot of24 people said, oh, my lord. Why are you doing that?25 Because they were very narrow and created a very

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1 ALLEN - RICHARDSON2 claustrophobic feeling. Notice we did not show that3 rendering today. We want that to be part of our4 surprise. But I think when people see the new atrium5 and what's going on. Actually, the atrium at the6 Boardwalk and the Atrium at the main entrance, I think7 that's going to be one of the big wows of, wow, look8 what Hard Rock has done here with for this particular9 facility.

10 Q. And you've also recently obtained the11 final floor plans from the Department of Community12 Affairs; is that correct?13 A. Yes, we have.14 Q. And how generally are the renovations15 progressing? Do you expect the amenities that you16 talked about today with the restaurants and other17 offerings to be open as of the grand opening date?18 A. One hundred percent. I won't mention19 any specific properties. But, to me, it is a cardinal20 sin to not open with the facility completely done. I21 would rather deal with the challenge of moving an22 opening date than opening where you don't have all23 your entertainment, all your restaurants, all your24 valet. All those things have to be in place.25 Everybody has to be at their stations and it's move

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1 ALLEN - RICHARDSON2 forward. To open it in any partial basis is just not3 an option for Hard Rock.4 We just opened another hotel in Daytona.5 And we're already doing double, literally double, the6 average rate PAR rate in the city of Daytona. We just7 opened a new Hard Rock on the beach. That's because8 we're so diligent in holding to those business9 practices that are so important. People cannot walk

10 into a building and say it's not ready or it's not11 done. And I think we all know, without me12 referencing, that has happened recently in Atlantic13 City and, frankly, was a real challenge.14 Q. You mentioned already the uniqueness of15 offering the 300 live events for the first year. What16 else would you highlight about your marketing approach17 and how it differs from the traditional Atlantic City18 local marketing efforts?19 A. I think from a general philosophy of us20 not needing to steal the other casinos' customer. My21 friend Jim Murren, who is Chairman and CEO of MGM22 Resorts, I sent him a note yesterday. I said, Jim,23 we're looking to do a pullout in major publications24 here in the Eastern part of the United States. We're25 going to take the lead on it. We want to reference

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1 ALLEN - RICHARDSON2 Borgata and any of the other casinos in town to come3 back to Atlantic City. That's a philosophy that, very4 politely, has never happened before in Atlantic City.5 We are going to constantly talk about coming back to6 Atlantic City in conjunction with Hard Rock. It does7 not do us any good to take a 30 or 40, $50 customer,8 you know, from the lower part of the data database9 just to drive revenues.

10 The second part is so important -- and11 we want to make sure we leave our ego out in the12 middle of the Atlantic Ocean -- but we don't have any13 debt. So, you know, we don't have some 50, 60, $8014 million a year in debt service that some of the15 properties still have today. So we can market. We16 can take -- make decisions that allow us to focus on a17 long-term business plan rather than trying to just18 drive revenue in order to say we're busy.19 You know, I just to joke many years ago,20 one of the biggest downfalls of the casino industry in21 Atlantic City used to be the once-a-month publication22 in the local newspaper that showed the total gross23 gaming revenue. And everybody would just go crazy to24 hit the total gross gaming revenue. And, frankly,25 back then people were not focusing on return on

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1 ALLEN - RICHARDSON2 investment and margins in debt service. And that's3 why a lot of properties got themselves in trouble. We4 come to this particular gaming opportunity with no5 debt service. We're paying ourselves.6 Q. And on that topic, you mentioned the7 term loan. Could you explain the payment in kind or8 paint a picture of that?9 A. It's a term that's used very common.

10 Rather than pay the cash, you kind of defer the11 interest to a specific date. It is our intention that12 this particular loan is a three-year loan after the13 first -- we'll call it the stipend year. So it's14 three years after the first full year of operation.15 Q. So while the PIK feature would increase16 the balance of the loan, are there plans to reduce the17 loans for optional repayments of principal?18 A. Certainly we would want to consult with19 our partners. But my viewpoint is when we built the20 Hard Rock in Ohio, we refinanced that debt within the21 first six months. We refinanced that debt a second22 time when -- a little over a year. We took the23 interest rate from over nine percent down to two, two24 and-a-half percent. So we're very optimistic the25 business will hopefully do well. And certainly if the

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1 ALLEN - RICHARDSON2 partners sit down, and we think we want to take that3 piece of paper out, we'll discuss it as an ownership4 group. But from our standpoint of Hard Rock, there's5 absolutely no pressure to do anything with that for6 three and-a-half years.7 Q. And with that feature of that being8 optional, that presents another point of financial9 flexibility; is that right?

10 A. Certainly flexibility. But I would like11 to, from my viewpoint, categorize it as stability.12 Which I think is so important. Hopefully, Atlantic13 City is going to have a very, very busy summer. Okay?14 Because there are a lot of great things happening.15 What we really have to focus on is next January,16 February, March, and April. And that's where we're17 not going to know in a situation where we're worried18 about paying Wall Street bondholders, you know, 10,19 12, 14 percent interest rates.20 Q. Would you please describe your plans for21 internet gaming?22 A. We hope to receive approval from the23 DGE. We're in -- that we can offer internet gaming24 when we commence operations on June 28th.25 Q. And should a favorable ruling be issued

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1 ALLEN - RICHARDSON2 from the US Supreme Court, would Hard Rock anticipate3 offering sports wagering?4 A. We have certain restrictions in our5 agreement in Hard Rock Stadium with the NFL, but we've6 reviewed those restrictions based upon our7 confidential agreements with the NFL and the ownership8 of the Miami Dolphins. But, yes, we do think that9 sports betting would be great and tremendous for New

10 Jersey. And the Hard Rock brand anticipates11 participating in that particular venue within the12 confines of our specific treatments with the National13 Football League and the Dolphins. Miami Dolphins.14 And Steve Ross, owner of the related group.15 Q. You mentioned in part of the16 collaborative efforts of just trying to drive back17 business to Atlantic City of those who maybe haven't18 been here in a while. In light of the recent casino19 win trends here, what else would you say you would do20 that would further grow the revenue market?21 A. You know, I -- I truly think that it's22 about product. I don't think it's coincidental that23 Borgata, that did over $3 million in EBITDA last year,24 is doing that much business. That's not an Atlantic25 City problem. That's a compliment to the product

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1 ALLEN - RICHARDSON2 they're offering. So I think hopefully with our3 launch, and hopefully Ocean has done some great things4 in that $2.4 billion building, it will create for5 people like Morris Bailey, who's done an amazing job6 with Resorts. I'm sure the Tropicana is going to go7 through a transition with its sale. But for people to8 reinvest in their product. Caesars Entertainment is9 still a great company, but when they were focused on

10 $20 billion in debt, it's hard to get capital to be11 put back into assets which obviously, you know, create12 a significant gaming position here in the city of13 Atlantic City.14 So I'm hopeful that we'll continue to15 reinvest and work with CRDA, not have this mindset16 that it's only about each individual property.17 Because the town's going to go the way the town going18 to go. It's no good for Atlantic City to have one or19 two superstars and everybody else struggling.20 Q. And what do you see as the opportunities21 and challenges that face Atlantic City over the next22 several years?23 A. I'm -- I'm hopeful -- and certainly, you24 know, we have a new governor and a new mayor. I'm25 hopeful that government can put all politics aside and

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1 ALLEN - RICHARDSON2 work together to create a true entertainment3 destination that's not focused solely on gaming.4 And I used my example with Mr. Casiello5 about, you know, the grass. But everyone should drive6 in Route 30 today and look at the grass. It's this7 high. Now, I don't know -- we're happy to send our8 employees. We're happy to do whatever it takes. It9 shouldn't be noticed by the CEO of a company. It

10 should be noticed by everybody. Maybe -- maybe11 there's a different way to look at this, but we have12 to take pride in the physical appearance of the town.13 We have to make sure that homeless and the ladies of14 the evening, and all the other things that, you know,15 occur, that we're working together to help those16 people and also the beautification of the city itself.17 Because we don't want to end up with the same18 headlines we've had for the last 30, 40 years. You19 know, inside the casino very -- this was the tag line20 for Atlantic City. Inside the casino, it's beautiful.21 Take one step out and, you know, you're in a very22 challenging environment. This is truly the last shot23 Atlantic City has in this particular sector.24 Hopefully it can attract other --25 contact other industry maybe. Obviously the project

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1 ALLEN - RICHARDSON2 that the Jingolis are doing with Stockton and a lot of3 these things are very helpful. But we have to change4 the image. And it's men. And most people have mowed5 their lawn. But the City -- or Route 30 hasn't been6 mowed.7 And, believe me, that was as of this8 morning at about 6:45 a.m. when I was driving in. So9 maybe they mowed it today because I've been on the

10 phone for a couple hours bitching about it. My11 apologies.12 (Laughter.)13 A. But it's true.14 COMMISSIONER COOPER: That's true.15 THE WITNESS: It's true.16 A. We asked for flowers, but no luck on the17 flowers.18 Right, Joe?19 But we'll get there. And, listen, it's20 very dangerous for me to be so candid, but I'm being21 honest. That's what we need to do and not be so22 focused on every each vicinity property. Be focused23 as a you know to. Place could do well. There's 3024 million people within three hours' drive, we should be25 able to do okay.

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1 ALLEN - RICHARDSON2 Q. Thank you. I have no other questions.3 A. Thank you.4 CHAIR PLOUSIS: Mr. Casiello?5 MR. CASIELLO: No redirect.6 CHAIR PLOUSIS: No redirect?7 Commissioners, do you have any8 questions?9 COMMISSIONER COOPER: I do.

10 VICE CHAIR HARRINGTON: You can start.11 COMMISSIONER COOPER: First, Mr. Allen,12 thank you for being here today. Wow.13 I did have quite a few questions, but14 you answered them. One that I would like to15 just know a little more information about.16 Hard Rock is very well-known for it's17 philanthropy, as we just saw the presentations,18 and this is wonderful. What is your vision19 regarding Hard Rock and philanthropy with20 regard to Atlantic City? What do you propose21 for involvement in Atlantic City and the22 surrounding community?23 THE WITNESS: You know, I think the24 first thing we did was create an environment to25 make sure that the local community, the actual

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2 residents, understand that they have

3 accessibility to myself, to Matt, to Joe, Mike,

4 and Jack, and Jon Lucas when he's in town.

5 That we do want to be involved. Because I

6 don't think it's fair for me to say we need to

7 do X in order to grow the town without being

8 respectful to the local resident that lives

9 here.

10 So we've been having community meetings

11 trying to learn more -- trying to create

12 ambassadors of the local residents in order for

13 them to let us know where we can be helpful.

14 So whether it's in a Boys' or Girls' Club or a

15 particular school initiative or a cancer walk

16 or whatever it may be, an AIDS walk. Hard Rock

17 on a global basis, but certainly here in

18 Atlantic City, we're always a hundred percent

19 committed to do those things.

20 COMMISSIONER COOPER: Thank you so much.

21 Thank you.

22 VICE CHAIR HARRINGTON: Thank you so

23 much for being here today and for the

24 commitment that you're all making to this

25 project and to Atlantic City.

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1 ALLEN2 THE WITNESS: Thank you.3 VICE CHAIR HARRINGTON: I wanted to ask4 you a little bit about your rewards programs,5 infinity programs? Will that -- I'm familiar6 with other -- with Florida.7 THE WITNESS: Uh-hum.8 VICE CHAIR HARRINGTON: Programs. Is9 that networked throughout or --

10 THE WITNESS: We certainly have a Hard11 Rock rewards program on a global basis. One of12 the great opportunities we have as the owners13 of Hard Rock is, we have so many wonderful14 partners on a global basis. One of the15 challenges with that relationship is getting16 all the partners to agree. You know, so a Hard17 Rock franchise Cafe that's in the Middle East18 obviously may have a different mindset than19 what we have in one of our company-owned20 stores. We certainly look to move the rewards,21 and we'll call it the point philosophy, between22 our locations domestically here in Atlantic23 City.24 One of the things that we'll25 specifically do is market -- starting in

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1 ALLEN2 Florida, obviously because we have such a3 large -- that business is a $3 billion business4 down there alone. We'll certainly make sure5 they're aware that the Hard Rock brand is here6 in Atlantic City. So much of the player7 development relationships today are really8 based upon how we treat the guests. So we've9 already had those type internal meetings with

10 Matt and Joe Watson and their teams to make11 sure we're communicating all that back to our12 existing customer bases and obviously looking13 to expand to our partners on a global basis.14 VICE CHAIR HARRINGTON: So using that --15 using the Florida example, have you developed a16 relationship with the airport? Or do you --17 you know, airlines that fly into that airport18 or is that --19 THE WITNESS: We do not have any20 specific junket programs at this time.21 However, we own private aircraft ourselves. So22 we'll utilize those private aircraft obviously23 to bring that higher level customer in. And24 that, frankly, we've already established those25 relationships at the Atlantic City

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2 International Airport. Signature, I believe it

3 is.

4 VICE CHAIR HARRINGTON: You have. Thank

5 you.

6 THE WITNESS: You're welcome.

7 VICE CHAIR HARRINGTON: Just a couple

8 other things. One, I for one, is very excited

9 about having a gas station in Atlantic City,

10 so.

11 (Laughter.)

12 VICE CHAIR HARRINGTON: So thank you for

13 that.

14 THE WITNESS: You're welcome. It's the

15 Rock Stop.

16 VICE CHAIR HARRINGTON: The Rock Stop.

17 THE WITNESS: Rock Stop or Rocktane, I

18 guess we're kind of going back and forth.

19 Right, Jon?

20 MR. LUCAS: Yes.

21 THE WITNESS: One of the two.

22 VICE CHAIR HARRINGTON: Now will you --

23 Hard Rock operate that or the franchise --

24 THE WITNESS: No. We're going to

25 operate it.

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1 ALLEN2 VICE CHAIR HARRINGTON: Great. Good.3 THE WITNESS: Because, frankly, back to4 your previous question, we do think that's an5 opportunity to offer points, obviously, through6 the different promotional programs that we'll7 have. And those points can be redeemed at the8 gas station. So going back to trying to9 give -- trying to eliminate a reason not to

10 come. Okay? So it's not just giving people a11 reason to come. We'll certainly have12 entertainment, you know, lined up, obviously13 focusing on all the great features here in14 Atlantic City but also limit us two hours, tank15 of gas. Okay. We're going to create an16 additional incentive there.17 VICE CHAIR HARRINGTON: And the18 entertainment lineup is very exciting.19 THE WITNESS: Thank you. We actually20 have some more surprises to come.21 VICE CHAIR HARRINGTON: Wow.22 THE WITNESS: Bernie just had heart23 failure.24 (Laughter.)25 VICE CHAIR HARRINGTON: And I love the

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1 ALLEN2 idea of theater as well.3 THE WITNESS: I believe our4 entertainment budget is $30 million?5 Matt? Is that correct.6 MR. HARKNESS: That's right.7 THE WITNESS: $30 million the first year8 in entertainment. That's what we've committed9 to.

10 VICE CHAIR HARRINGTON: Do you11 anticipate including local artists or12 integrating that into --13 THE WITNESS: Well, 100 percent. I14 mean, so one of the things we do on a global15 basis is try to encourage young individuals16 that have interest in music to come to our17 locations. I was on the board of Little Kids18 Rock, which is the largest, you know, teacher19 program introducing music into the public20 education. I was literally just asked again21 last week to go back on the record board of the22 Rock and Roll Forever Foundation, which is a23 curriculum with teachers and music with Steven24 Van Zandt, Bruce Springsteen, Elvis Costello,25 the film director Martin Scorsese. So we're

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1 ALLEN2 actually, you know, revisiting of how we can do3 that. There's actually a tour that's out right4 now where that particular tour, which is Little5 Steven & the Disciples of Soul, we're bringing6 in teachers from local educational7 establishments coming into the Hard Rocks. And8 we're giving our Hard Rocks, allowing them to9 come in, there's an educational aspect to that.

10 And then the teachers who are offered free11 concert tickets that night to go see the show.12 Something that we're already doing. We've13 already done two.14 VICE CHAIR HARRINGTON: Great. Great.15 My last question is with regard to the16 investment that you've already made. I mean,17 tremendous investment. And you talked about18 other properties in town that have significant19 debt service. And we, as a Commission, have20 been frustrated by a lack of capital investment21 and capital expenditures and reinvestment. Do22 you expect to continue to invest in this23 property?24 THE WITNESS: I think the answer is 10025 percent yes. But certainly I have a

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1 ALLEN2 responsibility to the 4,000 Tribal members. I3 think when we look at Hard Rock, it is not4 coincidental that we are the only -- in the5 history of gaming -- investment grade company6 simultaneously from Moody's, Standard & Poor,7 and Fitch. No one else has ever had that8 investment rating from all three ratings9 agencies.

10 So how does that come about? Well,11 frankly our background, we came from a little12 bit of a challenging background financially,13 and I swore I never would be in the same14 situation as we were as children. So I built15 this company based upon no debt or never having16 the Tribal members be in a situation where the17 board members or the ownership structure of18 Hard Rock, where we have to worry about debt.19 We are leveraged right now at .094. That is20 unheard of. You're still investment grade if21 you are three, four or five. Some of our peers22 in the industry actually get got into the23 middle teens. So we generate, you know, a24 tremendous amount of volume, and we'll make25 sure that we're not being strangled by debt

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2 service. So, therefore, when we need to

3 reinvest, to your specific question, in

4 capital, yes, we are prepared to do that.

5 VICE CHAIR HARRINGTON: Okay.

6 THE WITNESS: We do not want to end up

7 with a product that ends up being second tier

8 because of capital was not reinvested. And

9 it's not just in the physical building. It's

10 in technology. It's in product. It's in game

11 selection. Those things are equally important.

12 If you look at the floors of the

13 Atlantic City casinos, not all, but we are

14 still 10, 15 years behind the times when we

15 look at the actual product that's being

16 designed by the manufacturers.

17 VICE CHAIR HARRINGTON: Okay. Thank you

18 very much.

19 THE WITNESS: You're welcome.

20 CHAIR PLOUSIS: Thank you.

21 Mr. Allen, what what's your relationship

22 with Steel Pier?

23 THE WITNESS: Steel Pier purchased --

24 well, the Cantanoso and their partners -- the

25 Cantanoso brothers, I should say, and their

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1 ALLEN2 partners -- purchased Steel Pier off of Trump3 Taj Mahal Associates I guess three four years4 ago. Maybe a little longer now, Nick? Five5 years. We'll have to go back to the Commission6 on the specific date. They also then purchased7 the bridge which connects the pier to the8 building. We entered into a very simplistic9 transaction with them at our expense to

10 completely renovate the exterior of that.11 Remove all the Trump Taj Mahal facade. Repaint12 it. We bought them signs. We completely redid13 it. We actually upgraded the electrical. And14 that's all at the expense of Hard Rock.15 There is not a long-term relationship at16 this time. We are certainly wishing them the17 best of luck. You know, with the new Wheel.18 But I've been very candid with the Cantanosos19 that the level of product that's been offered20 there in the past needs to be upgraded and,21 hopefully, with the launch of the Wheel,22 they'll be able to do that. The pier will be23 repainted this year. The deck will be nice and24 spotless like it used to be as part of our25 deal.

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1 ALLEN2 CHAIR PLOUSIS: Do you see the future in3 automobile visitors coming here? Is that why4 you're doing the gas? Or it's going to be a5 mix or --6 THE WITNESS: You know, I certainly7 subscribe that if Atlantic City International8 Airport can attract another carrier -- you9 know, a few years back there was talk that

10 Southwest may do something. Certainly we're11 not going to see the major carriers, but a Jet12 Blue or someone like that. I just think that13 would be tremendous for Atlantic City. So, to14 me, that would always be something that Hard15 Rock would always have conversation and working16 with the CRDA, the State, whoever that may be.17 But I also think that we cannot walk18 away from the fact that there are 25, 3019 million people and that still the choice of20 transportation is their own personal vehicle.21 I am not a proponent of train service.22 You know, it's been tried in other markets. It23 sounds good. And we certainly in Europe and24 different places -- frankly, in our project in25 Barcelona a train is going to be very important

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1 ALLEN2 to us. I'm not sure people are going to leave3 New York, take a train to Philadelphia, get out4 of the train, come to Atlantic City. You know,5 that whole process is very cumbersome. So rail6 is certainly an opportunity I guess to be7 discussed, but certainly air would be a focus.8 We would love to be a part of it if the State,9 the County or CRDA is interested.

10 CHAIR PLOUSIS: I have no further11 questions.12 MR. CASIELLO: No further questions, Mr.13 Chairman.14 CHAIR PLOUSIS: Thank you.15 Mr. Allen, you're free.16 Your next witness, please?17 THE WITNESS: Thank you.18 MR. CASIELLO: Mr. Harkness.19 THE WITNESS: Mr. Chairman,20 Commissioners, thank you very much.21 CHAIR PLOUSIS: Thank you.22 THE WITNESS: Maybe Matt wants the23 laser. Don't touch the screen.24 MR. HARKNESS: I'm not touching the25 screen.

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1 HARKNESS - CASIELLO2 M A T T H E W H A R K N E S S , having been first3 duly sworn, testified as follows:4 MR. NANCE: Please state your name for5 the record.6 THE WITNESS: Matthew Harkness.7 MR. NANCE: Thank you.8 THE WITNESS: Thank you, sir.9 DIRECT EXAMINATION BY MR. CASIELLO:

10 Q. Talk about a tough act to follow.11 A. Yes.12 Q. Who are you?13 A. My name is Matt Harkness. I'm the14 Property President of Hard Rock Atlantic City.15 Q. And what's your background in the16 industry?17 A. I've been working in the industry, as18 Mr. Allen has, since 1979. I was in table games up19 until -- in that period up until 1995 when I went into20 marketing at Trump, at the time Castle, which I was21 there when it turned into Trump Marina. I was there22 for five years, came back to Taj Mahal, which I also23 help opened in 1990. I came back as an Executive Vice24 President of Marketing. And then after a year was25 promoted to President of the Trump Plaza where I

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1 HARKNESS - CASIELLO2 stayed until 2005.3 I left this market at that time and went4 to the Chicago market working for the Potawatomian5 Indians as the COO as the Four Winds Casino, which6 ended up being three casinos, now four casinos. I7 stayed there and went to overseas for a year and then8 Las Vegas.9 And I got a call to potentially

10 interview for this position and was very excited about11 it, to come back to this market and very happy to be12 here.13 Q. And just to hone in on one thing.14 A. Yes, sir.15 Q. Your first job was as a dealer at16 Resorts in 1979?17 A. Yes, sir. Well, no. The first job --18 first job in the industry.19 Q. First job in the industry.20 A. Correct.21 Q. And have you been licensed here22 elsewhere?23 A. I have. I was licensing here in a24 nongaming license very early on. I had a key license25 here in New Jersey as well up until, I think, 2006. I

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1 HARKNESS - CASIELLO2 was licensed at the Four Winds by the Waukegan Gaming3 Commission. I also had received a federal license by4 the National Indian -- Bureau of Indian Affairs. And5 also received a license from the Nevada Gaming Control6 Board.7 Q. How many people will be employed at the8 Hard Rock Hotel & Casino Atlantic City?9 A. Well over 4,000 when you consider

10 third-party vendors. The Hard Rock staff itself will11 be between 3500 and 4,000. And, like I said,12 third-party vendors will add significantly to that13 number.14 Q. And how far along are you in the15 process?16 A. We're in a very good place. We have at17 this point 3200 people who are either working at the18 property or have an offer out to them. We have been19 getting -- probably jump ahead of your questions,20 Nick, I'm sorry. But we've been getting a tremendous21 group of people coming in that have been applying.22 The process that Hard Rock has for the group23 interviews that Jim spoke of that are occurring at24 Showboat has been absolutely amazing. It's been an25 incredible thing to be a part of. We have people that

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1 HARKNESS - CASIELLO2 are literally crying when we offer them a job at the3 end of that process. I can give you a couple4 statistics. Like I said, we're right around 3200.5 And about 850 of those are Atlantic City residents.6 Sorry. Did I jump ahead?7 Q. You sure did.8 A. I'm sorry.9 (Laughter.)

10 Q. And how do you hire these people? Job11 fairs?12 A. Yeah. Well, it really starts out with13 the internet. It's through social media. Our14 internet site for hiring people is a process goes on15 there is actually the first step. That step involves16 filling out a form which gives us a lot of insight17 into some of the personality traits that we're looking18 for in service providers. So that is the first step.19 The second step, as Nick mentioned, is20 the job fairs. We've had multiple job fairs. They're21 continuing as we speak. We're kind of winding down22 that process. We'll continue hiring right up until23 opening and, quite frankly, beyond. But like I said,24 we're looking at about 37 to 3800 positions being25 filled. And being at 3200 right now, we feel is a

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1 HARKNESS - CASIELLO2 very good place.3 Q. What about Taj Mahal employees?4 A. That was one of the -- thank you. The5 first job fair we did, I couldn't -- Hard Rock had6 been before I got here, which I thought was a7 tremendous thing to do, was to give the people that8 had worked at the Taj Mahal within 60 days prior to9 its closing the first chance to -- first to do a job

10 fair. So that first job fair was those folks.11 And I think it was a very positive12 thing. It was something that was very well received13 by those people. Many of the people that were14 there -- I was actually at it and knew them from 1990,15 believe it or not, and times I worked there up until16 2000. So it was a very good thing to see.17 Q. Any other special hiring programs?18 A. We -- we obviously had job fairs at19 Stockton, veterans, which we were invited to -- thank20 you, Mr. Chairman. Much appreciated. We were invited21 to that. There's -- the community outreach that we22 have through -- we actually -- one of the gentleman23 that we just recently hired who had worked with the24 Jingoli Group for years is Rob Lee, who was mentioned25 earlier. He is our new Vice President of Community

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1 HARKNESS - CASIELLO2 Relations and Governmental Affairs. And part of his3 job is doing the community outreach, and that's been4 going on even before we brought him into this5 position. It's been a very humbling experience to see6 the amount of outreach that Hard Rock, as well as the7 Jingolis and Morris families, do with the community.8 And it really starts from an individual9 level, person to person. It's something that, quite

10 frankly, I'm personally professionally very proud to11 be a part of. We've been going to -- doing outreach12 at, for example, Best of Life. Been there three times13 and talking with folks there and doing what we can to14 assist them with the fact that they are our neighbors.15 But our neighborhood obviously extends beyond them.16 It goes -- quite really the whole city. And we17 focused primarily on -- from basically from18 Virginia -- from Pennsylvania and Maryland down to 30.19 We see that as kind of our core neighborhood. And Jim20 mentioned that we had a network neighborhood meeting.21 We're having another one coming at the end of this22 month. Those are going to continue. The commitment23 that Hard Rock made is to do that on a quarterly24 basis. We continued on an outreach. Part of Rob's25 job as a community relations person is to be the

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1 HARKNESS - CASIELLO2 forefront of that, but it's really all of us. All of3 us are a part of that. We went to Best of Life, for4 example. There was, I would say, seven or eight of us5 there.6 When we went to the community relations7 event that was held at the local church, there was8 literally every vice president was there, as many9 directors were there as well. It was an opportunity

10 to talk to people, shake hands, and get to know11 basically our neighbors.12 Q. Tell us about your management team.13 A. The management team is great. We --14 it's -- as you get the idea, I started out my career15 in gaming here in Atlantic City. Left and had come16 back after about 12, 13 years. There -- I'm not the17 only one of the group that's done that. There are18 five of us at the vice president and above level.19 Both of the senior vice presidents, our CFO as well as20 our chief marketing officer did the same thing. They21 started their careers out here in Atlantic City. Left22 to work in other markets and then came back. Two of23 the vice presidents, the vice president of table24 games, as well as the vice president of slots,25 obviously two very critical departments for us, did

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1 HARKNESS - CASIELLO2 the same thing. Started their careers out -- and all3 of us started as line level positions. Worked our way4 up. Left the market to pursue other areas and have5 come back here. And all of us were gainfully6 employed. So it was a call that we got, and we all7 said we wanted to be a part of this.8 So in addition to those folks, the other9 people that are in this room are extremely talented

10 people. We're very, very lucky to get the quality of11 folks we have working for us. And a lot of that is12 the brand. A lot of it is the building that we're13 going to be in. But I will tell you that the brand is14 really an attraction to a lot of people. From --15 honestly, from me, to the folks that we're hiring to16 work as line on the staff. But the brand is a real17 magnet.18 Q. What's the status of construction?19 A. The construction is moving along. It's20 on schedule. It is a frantic pace as we continue to21 do it, but it is a controlled chaos if you want to --22 not chaos, but it's a controlled situation. It's fun23 to be a part of it. It's fun to see what's going on.24 There are a lot of people on site. It's -- we25 coordinate every day with the construction people.

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1 HARKNESS - HOLLANDER2 But it's -- it's really fun.3 I've done -- this will be, I believe, my4 ninth opening, probably my sixth as a general manager.5 Obviously Hard Rock has done, many, many openings.6 But this is where it really becomes fun. We're7 getting the staff on board. The construction people8 are finishing up, buttoning up what they have to do.9 And that process is -- is involved in right now. As

10 Jim mentioned critical paths that show specific dates11 that things need to be met. We're on a very good12 path. Very good path.13 Q. On a good path to open June 28th?14 A. Yes, sir.15 Q. Thank you very much. I have no further16 questions.17 CHAIR PLOUSIS: Jordan?18 CROSS-EXAMINATION BY MR. HOLLANDER:19 Q. Thank you. Good afternoon, Mr.20 Harkness.21 A. Certainly.22 Q. As you mentioned, you'll be the Property23 President and General Manager. From now until the24 grand opening on June 28th, what is your ongoing role25 or your day-to-day responsibilities before the

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1 HARKNESS - HOLLANDER2 opening?3 A. That's a great question. What I do --4 especially up until the opening -- a lot of it is5 coordination with construction. We have on board6 close to 4,000 people -- well over 4,000 people when7 you consider the third-party vendors. So there's a8 lot of coordination that goes along with that in terms9 of space and getting people to the right places.

10 Making sure that that's a very organized process.11 Vendor training that occurs, as well as training with12 staff. So that has to be coordinated. That's a huge13 part of what I'm doing every day. Coordinating with14 the HR, the training people, as well as with the15 construction folks.16 In addition to that, we're planning17 obviously for the opening as well as beyond, working18 with the marketing folks, working with the operational19 areas to make sure that they have the tools necessary20 that they need in to order to get the service -- to21 get to the service levels that Jim spoke about. So22 that we can really differentiate ourselves. So it's23 not just building, this beautiful building. We have24 to put the right people in it. So identifying those25 people, which is getting closer to the culmination of

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1 HARKNESS - HOLLANDER2 that, at least for the opening part. But that process3 still conditions. We have to continue to identify4 even more folks as we move along. So it's not one5 thing that any of us in this room are going at the6 executive level. It's really a combination of things7 and trying to balance all that out so that we get to,8 the 25th when we have our trial dates, our friends and9 family date, that everything is exactly the way it

10 needs to be.11 Q. On opening, what do you anticipate your12 day-to-day responsibilities will be for the property?13 A. Having done this job for a number of14 years now -- I was promoted to general manager in15 2000, and I've been doing really that job since then.16 So the property president, it's really a lot of17 things. But I will narrow it down to three very18 specific things, at least in my mind.19 One, it's really making sure that the20 people that are working at the property have the tools21 that they need in order to do their job. And it22 sounds like a very simple thing. But those tools23 really involve three things. One is the actual24 physical tools that they need to actually perform25 their function, whether it's a computer program or

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1 HARKNESS - HOLLANDER2 it's a -- the right tray to carry drinks. Sometimes3 it's as simple as that. So and it's getting that4 knowledge to ensure that, as managers, we have the5 folks have to have the right tools to do their job.6 It's also the right motivation. To7 ensure that people are motivated in their job. These8 are still jobs, but it doesn't mean it's not something9 that people shouldn't enjoy doing. We want to make

10 sure people have a feeling of fun in what they do. A11 sense of ownership in their job. And they have a body12 in terms of we're here to listen to what concerns13 have. Also being treated as an adult and being14 treated as a human being and an individual. Very15 important.16 And the third in my mind, most important17 component is training. It's very difficult to hold18 somebody to a certain level to do a job if they don't19 really know what those criteria are. So if you're not20 training people properly, you can't really expect them21 to do the job properly. So, in my mind, and really to22 do all three of those things involves a lot of23 different things over the course of a day. Working24 with the vice presidents we work with, casino vice25 presidents, the directors, the managers, as well as

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1 HARKNESS - HOLLANDER2 third-party vendors we have. Other vendors that we3 have. Obviously talking to guests. But it really4 comes down, when it's all said and done, to the5 interaction of the line-level employees and the6 supervisors have with the guests. Because they are7 the ones that are having the most interaction with the8 guests anybody, myself included, with making sure the9 service is being provided correctly.

10 So it's not as simple as we saying, it's11 a structured meeting here. It's doing this. It's12 really doing a lot of things to ensure that all those13 things happen.14 Q. There have been recent media reports15 that the Hard Rock hired the 3,000th employee, as you16 mentioned --17 A. Yes.18 Q. -- a number of positions remain to be19 hired. And I know you've spoken to this a little bit,20 but at hiring process, how many applications have come21 in --22 A. Sure.23 Q. -- resulted from this area?24 A. It's mostly from this area. We've had a25 lot of people that have been trying -- again, trying

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1 HARKNESS - HOLLANDER2 to come back to the area. People that are working in3 Philadelphia markets. Some folks have been working to4 Hard Rock and want to come back for family reasons.5 So it's -- it's been a multitude of different people6 that -- in areas that have been applying. But7 predominantly, it has been local area. Like I said,8 we have a lot of Atlantic City residents that have9 applied and that we've offered employment to, which is

10 great.11 But did that fully answer your question?12 Did I get you there?13 Q. I'm sorry. I know I asked multiple14 questions. Number of applications.15 A. I'm sorry.16 Q. What is the response there?17 A. Like Jim said, we're approaching 50,00018 applicants. And that's for, you know, basically 4,00019 jobs, which is really amazing when you consider how20 low unemployment is right now. So we had a concern21 about that. We had concern about specific positions,22 that we're not seeing those concerns. There are some23 that we're still looking to fill, obviously. And we24 encourage people to apply on-line and still have25 positions that we're looking to fill. But we're very

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1 HARKNESS - HOLLANDER2 happy we're at the point now that we are at. And3 we're actually that's good.4 Q. And out of that 4,000-or-so figure, what5 is the breakdown between full-time positions6 part-time, seasonal?7 A. Sure. It's the -- of that group, all8 but about 700 are full time.9 Q. And in terms of completing your hiring

10 plan, what are the most critical areas to be left to11 be completed for the opening?12 A. There's still a lot of line-level13 positions. We also have to ensure that we keep the14 people that we've offered positions to engaged, that15 we're communicating with them so that they are still16 part of this process. Because mainly the folks we've17 offered jobs to actually don't come on board until a18 few weeks after we open and we start the training19 process. So we need to keep them engaged.20 Q. And what difficulties, if any, have you21 experienced throughout this hiring and recruitment22 process?23 A. It's not -- knock on wood, it's really24 going very smoothly. And I give a lot of that credit25 to the process that Hard Rock has, that they help us

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1 HARKNESS - HOLLANDER2 out from HR staff that came up from there to help us3 organization the job fairs. And they've been -- if4 you haven't been to one, it was really something to5 see. It's an amazing process.6 Q. And as we heard earlier, the Hard Rock7 is hiring vice president of community relations and8 government affairs?9 A. Already on board.

10 Q. And what do you envision this11 position -- what will it entail? I know you talked12 about it a bit, but.13 A. Sure.14 Q. How does it fit into the overall Hard15 Rock brand?16 A. It's a position that I've worked with in17 the past in -- specifically in the Chicago market. We18 have that person. They were very involved in all the19 charitable organizations, the charitable outreach that20 people have. Kind of a coordinator of that, as well21 as noncharitable community type programs that -- you22 know, a lot of the groups that meet on a regular23 basis, PAL, those kinds of groups that we can -- we24 can be of assistance. There's a lot of folks that25 work at the property that will want to volunteer. And

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1 HARKNESS - HOLLANDER2 we can coordinate that and move that process along.3 So it really is the outreach person for the community.4 As simple as that sounds, but it really is the main5 focus of that job.6 Q. You spoke a little about earlier on the7 construction and how the renovation of the facility is8 progressing. What are the main areas of focus that9 remain between now and getting ready for the grand

10 opening?11 A. It's -- as far as construction, it's12 really just the finishing touches. You know, the13 mechanical stuff, all that. It's bringing the14 millwork that's being produced off-site and putting it15 into place. We're in a very good place. We're in the16 process now of setting the slot machines. One of17 the -- having done these openings in the past, it's18 one of the big moments is when the carpet goes into19 the casino floor because so many things follow that.20 The slot bases and the slot machines and table games.21 And that process is occurring as we speak. So that's22 moving along very well.23 There's -- the hotel, very, very good24 shape. The rooms are -- we're right on schedule25 there. The restaurants continue to move on. It's --

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1 HARKNESS - HOLLANDER2 I'm not sure if I answered all your3 questions on that one.4 Q. I think you have.5 A. Okay. We're in a good place.6 Q. As the facility has been transformed7 into a Hard Rock branded casino and hotel, is there8 anything specific that you wanted to see done or9 changed in the facility in the layout?

10 A. Well, I think that, as Jim mentioned,11 the emphasis on entertainment is -- is great. When12 you look at what's going on in the property, the13 investment that we've made in the Hard Rock Live, the14 Etess Arena, it's completely different venue. I mean15 it really is. In terms of the acoustics, the sound16 system, the seating, the amount of people that we can17 have enjoy concerts there. The concession area18 outside of it. It's hard to describe just the impact19 people are going to have when we walk in and see that.20 It is clearly going to be a Hard Rock venue.21 The other theater that we have that is22 on the other side of the casino, which is about 150023 seats, that is being redone in such a way that it's24 going to be definitely a better product than there was25 in the past. There's -- between the lot -- between

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1 HARKNESS - HOLLANDER2 the -- the lounges and the restaurants, there's going3 to be four stages for us to have live music as well.4 So the commitment back to the origins of live music in5 the city are definitely something that Hard Rock is a6 part of. So I think that when you think of Hard Rock,7 you obviously think of music and you think of live8 music. And that commitment is fully on board with9 what we're doing.

10 Q. So would it be fair to say that one of11 your target demographics are music fans?12 A. Without a doubt. I think that -- Jim13 mentioned it, you know, the international language is14 music. So I don't think that's a small demographic.15 I mean, it's the vast majority of people have an16 interest in music. So I think that it's -- it's a17 focus not just of the corporate brand, but it's18 clearly a focus of this particular property.19 Q. Can you describe what the flow of foot20 traffic will be from the casino, say, if someone's21 coming in from the parking garage or the Boardwalk.22 A. Sure.23 Q. What do you want them see and experience24 when we come into the property?25 A. That's a great question. There's been

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1 HARKNESS - HOLLANDER2 an awful lot of attention on the garage. We're making3 that into a much nicer experience than what was, quite4 frankly, previously there and what we sometimes see in5 other casinos. So I think that that's going to be6 refreshing to see. The -- as the majority of the7 people do drive in -- to your question before. The --8 we anticipate that it's not just 75 percent of the9 people that are going to be parking in the garage,

10 coming down the promenade, which will be completely11 redone. Brand new. Coming in, we're going to have a12 card center there. I don't want to give away too much13 in terms of what Jim was talking about with the -- the14 escalator and stairs leading down into the atrium, but15 that's going to be a spectacular experience. It16 really is. I'm excited to get people to come into the17 building to see that. Because it's -- it's in process18 obviously. But it's -- when it's done, it will be a19 spectacular experience.20 So anybody that's coming from that21 direction, I believe is going to be wowed by what they22 see in terms of the design, the decor, the floor23 treatments, the ceiling treatments, a lot of other24 things that are yet to be announced.25 Q. And the same from the Boardwalk?

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1 HARKNESS - HOLLANDER2 A. The Boardwalk will also be a great3 experience. There's going to be treatments that are4 going to be happening, as Jim touched on, at the5 atrium at the Boardwalk. Again, not to go into6 detail, but when you look at the building, there's7 really not an area that has not been touched. And not8 just, you know, wallpapered over. It's been9 completely redone.

10 Q. And in terms of marketing in11 anticipation of the grand opening on June 28th, what12 kind of marketing efforts, promotions have been done?13 Or do you plan to do?14 A. We opened up a preview center, great15 idea by our SVP of marketing, Tom Moyer, in the16 outlets. In the Tanger Outlets. And that has gotten17 huge response. We've had literally thousands of18 people go through there as the weather has been19 improving, which we've all been waiting for the20 weather to improve. It's just getting a ton of21 attention. So we have a drawing for a Tesla that is22 in there. The car is showcased in that premiere23 center. It's really right in the middle of that24 center. We've been doing card promotions on the25 internet. We already have literally 60,000 people

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1 HARKNESS - HOLLANDER2 that have signed up for player cards. We're going to3 be mailing them their player cards, which is something4 obviously that I've never done before. I think it's a5 great idea. Those cards will be active when they come6 into the property. So it's a completely different7 process there. We've opened up a social gaming site8 that's gotten a lot of traction, so we've been doing a9 lot in terms of premarketing the property.

10 The announcement of the -- of the grand11 opening date, that was a three-city PR event. It was12 here, Philadelphia, and the grand event was in Times13 Square at the Hard Rock Cafe in New York City. That14 was an over-the-top experience with -- with so much15 media. It was incredibly well received. We actually16 brought media from this market up to there. So17 there's a lot that's happening. We're -- I think that18 we're doing a very good job making the entire East19 Coast as well as the entire country very aware that20 there's going to be an exceptional product opening in21 this market in the end of June.22 Q. And has the Hard Rock have any social23 media reference on Instagram or Facebook?24 A. Everywhere you can imagine. Yes.25 Q. And has that been a very positive

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1 HARKNESS - HOLLANDER2 response?3 A. Very much so. That's where a lot of the4 cards are.5 Q. Do you plan on doing any cross-marketing6 with other Hard Rock casinos? And bringing in people7 who might not have experienced the Atlantic City8 market before from other Hard Rock locations?9 A. It's something we're certainly talking

10 about. We're looking at processes to make that work.11 There are -- it's in discussions as we speak.12 Q. But that is something that is being13 considered?14 A. Yes, sir.15 Q. You spoke briefly earlier about the16 target demographic with the music fan, but in terms of17 target gambler patron, is there going to be a focus of18 bringing slot players in?19 A. Of course.20 Q. Is the slot player your main focus or --21 A. Slots and table games. I mean, slots,22 tables, as well as retail. We're going to have an23 incredible retail product to sell to the guests, and24 we're very excited about that.25 But the core market is gaming. And

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1 HARKNESS - HOLLANDER2 we're clearly aware of what needs in order to have3 people be interested in our product of gaming as well4 as a retail standpoint. Myself and after many years5 of marketing casinos in this market as well as others,6 other people, the marketing staff that we have in7 addition to Todd, some of the folks that were8 mentioned here for the license, Joe Watson as well as9 Mike Sampson, we're hiring a very, very experienced

10 and talented group. Not just in the operations area11 but in the marketing area as well. But the goal is12 not just to kind of market as usual. That there is --13 there's a sweepstake on Tuesday. There is, you know,14 a car give-a-way on Thursday. Those are things that15 are going to be part of our program. But we think16 that because of our brand, we can do so much more that17 tags us as being something as differential to the18 market. And but without losing sight of the fact that19 we have to make sure that we are still accommodating20 the casino guest.21 Q. Thank you. I have no further questions.22 A. Thank you.23 CHAIR PLOUSIS: Mr. Casiello?24 MR. CASIELLO: No redirect, Mr.25 Chairman.

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1 HARKNESS2 CHAIR PLOUSIS: Commissioners?3 Commissioner Cooper?4 COMMISSIONER COOPER: First, I would5 also like to thank you for being here today and6 Mr. Allen.7 THE WITNESS: Thank you.8 COMMISSIONER COOPER: Just want to take9 one question a little further. And to mention

10 something that Mr. Allen had said and you said11 as well, that music is the international12 language.13 THE WITNESS: Yes.14 COMMISSIONER COOPER: And I know you15 just started to answer that a little bit more16 about the entertainment and music. Is there17 anything that you would like to add with regard18 to your beliefs or your feelings why your19 entertainment and music policy and your20 strategy is going to increase visits to21 Atlantic City? You're doing something -- the22 focus is amazing. Can you elaborate?23 THE WITNESS: I'd be happy to. Thank24 you for the opportunity.25 I truly do believe that we're going to

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1 HARKNESS2 grow the market because of the brand. That's a3 big part of it. But in addition to the brand,4 with the entertainment program that we're5 putting together, I clearly think it's going to6 grow the market. We're going to have a very7 eclectic lineup, everything from country to rap8 to, you know, classic rock and everything in9 between. So jazz and, you know, everything you

10 can -- every genre you can think of. So with11 al those genres represented, there's obviously12 different people that are interested in13 different types of music. Some of them are14 going to be coming here because, quite frankly,15 there's a concert. It's the most convenient16 place to come. And, oh, by the way it's17 Atlantic City and Atlantic City is cool. And18 Hard Rock is very cool. So they're going to19 come here. And what I've learned over time is20 that, especially now in an era where there are21 casinos very close to most people in the East22 Coast, honestly close to most people in the23 United States, that you need to offer amenities24 in order to drive people from -- so they drive25 past other casinos to get to your casino. And

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1 HARKNESS

2 those -- in our case, one of the big amenities

3 that we have, in addition to spectacular

4 restaurant offerings, is clearly the music.

5 And I think that's going to do a very good job

6 of bringing people to this market who either

7 haven't been here in a long time or have never

8 been here before. And I think that's what's

9 going to separate us from other competitors in

10 the East Coast. And it's going to help

11 separate Atlantic City from other cities that

12 offer gaming in the East Coast.

13 COMMISSIONER COOPER: Thank you very

14 much.

15 THE WITNESS: Thank you.

16 COMMISSIONER COOPER: Thank you.

17 VICE CHAIR HARRINGTON: I'm good. Thank

18 you.

19 THE WITNESS: Thank you.

20 CHAIR PLOUSIS: Do you plan on having a

21 beach bar this summer?

22 THE WITNESS: We do.

23 CHAIR PLOUSIS: You do? Okay. So it

24 will be open this summer as well?

25 THE WITNESS: That's our plan, sir.

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1 HARKNESS2 CHAIR PLOUSIS: Excellent.3 And then how many rooms will be4 initially with the opening?5 THE WITNESS: Just under 2,000.6 CHAIR PLOUSIS: 2,000.7 That's all I had, but I did want to make8 one other statement. Mr. Allen mentioned about9 the environment and the city that, you know,

10 there's some challenges here. And as you11 mentioned, there is a new governor and the new12 mayor is committed to getting Atlantic City13 right. And I know there's changes in the CRDA.14 There's changes throughout government. We have15 a new mayor. And everybody realizes that this16 is our best second chance for a rebirth of17 Atlantic City. I'm confident Governor Murphy,18 he has showed everything in regards to those19 appointments in the CRDA and other places that20 he sees Atlantic City as a viable engine for21 South Jersey. And I think we're all going to22 get it right all the way around at this time.23 So I just wanted to address that.24 THE WITNESS: Thank you, Chairman.25 CHAIR PLOUSIS: Thank you.

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1 ITEM NO. 172 MR. CASIELLO: No further questions.3 You may --4 THE WITNESS: Good to go?5 MR. CASIELLO: You may step down.6 THE WITNESS: Thank you.7 CHAIR PLOUSIS: Is there any additional8 testimony?9 MR. CASIELLO: No further witnesses, Mr.

10 Chairman.11 CHAIR PLOUSIS: Hearing none, we are12 going to take a ten-minute recess and13 deliberate, and we'll be back, five after two14 then.15 MS. FAUNTLEROY: Do either counsel want16 an opportunity to close?17 MR. HOLLANDER: Yes, Mr. Chairman.18 CHAIR PLOUSIS: Oh, I'm sorry.19 MR. HOLLANDER: Thank you. Thank you,20 Chairman and Commissioners.21 As noted earlier, HR Atlantic City holds22 a Statement of Compliance issued in 201523 finding it, along with its relevant24 intermediary companies, natural personal25 qualifiers, qualified in connection with that

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1 ITEM NO. 172 proceeding. The Division has conducted a3 thorough investigations as reflected in our4 reports in evidence to update the Commission on5 HR Atlantic City and its relevant intermediary6 companies and natural person qualifiers as well7 as new natural person qualifiers.8 As set forth in the record, this updated9 review included investigation into the

10 continued qualification of Seminole HR11 Holdings, the ultimate parent company of HR12 Atlantic City, and its natural person13 qualifiers. This investigation also included a14 review and analysis as detailed in our reports15 on Seminole HR Holdings' business operations.16 The Division also thoroughly investigated17 Boardwalk 1000 and its relevant holding18 companies entity qualifiers, financial sources,19 and natural person qualifiers as reflected in20 our reports.21 Further, our reports detailed the22 Division's investigation into the23 qualifications of Tristate Partners as part24 owners of Boardwalk 1000 and its relevant25 holding companies and natural person

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1 ITEM NO. 172 qualifiers.3 The Division report submitted into4 evidence addressed the historical background of5 this casino project. The individuals and6 entities required to be qualified, their7 compliance and audit committees, plans and8 charters, their equal employment business9 opportunity plan, as well as the Division's

10 financial review and analysis of both casino11 applicants.12 In conclusion, based upon the Division's13 reports and analyses and the testimony14 presented today, the Division respectfully15 submits that the Commission has the necessary16 information to find the required entities and17 individuals have established by clear and18 convincing evidence their qualifications and to19 grant casino licenses to Boardwalk 1000, LLC,20 and HR Atlantic City, LLC.21 Accordingly, the Division recommends the22 Commission grants the requested relief.23 Thank you very much.24 CHAIR PLOUSIS: Thank you.25 Commissioners, any other questions?

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1 ITEM NO. 172 MS. FAUNTLEROY: Mr. Casiello?3 CHAIR PLOUSIS: I'm sorry.4 MR. CASIELLO: Ditto.5 (Laughter.)6 MR. CASIELLO: Based on the evidence in7 the record today, I think they have8 demonstrated by clear and convincing evidence9 their satisfaction with all the licensing

10 criteria, including good character, honesty,11 integrity and financial responsibility.12 I do want to, number one, thank your13 General Counsel and especially -- and Daryl and14 the rest of your staff for all their15 assistance.16 I do want to thank the attorneys seated17 at this table, Chris Glaum and his staff, and18 Michael Clay and his staff as well.19 Thank you.20 CHAIR PLOUSIS: Thank you. Okay.21 We will take a ten-minute break and be22 back. Recess.23 Thank you.24 (A recess was taken from 1:54 to 2:1625 p.m.)

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1 ITEM NO. 172 CHAIR PLOUSIS: Thank you. We're back3 in session.4 We are here today to consider the5 application of HR Atlantic City and Boardwalk6 1000 for casino licenses. Boardwalk 1000 as7 owner and operator of the Hard Rock Hotel &8 Casino Atlantic City and HR Atlantic City as9 the casino manager. For simplicity, I'll refer

10 to both of them as "Hard Rock."11 As this hearing today, it is for us to12 determine whether Hard Rock and related13 entities have established by clear and14 convincing evidence that it meets the statutory15 standards set forth in the Act for casino16 licensure.17 Although this is Hard Rock's first18 casino license proceeding, Mr. Allen and Hard19 Rock are not strangers to this commission. Mr.20 Allen got his start in gaming in Atlantic City21 in 1979 and has often publicly expressed22 interest in returning to Atlantic City if the23 right opportunity arose. In fact, as early as24 2011, Hard Rock expressed an interest in25 participating in a PILOT Program to manage a

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1 ITEM NO. 172 boutique casino. Although that effort did not3 pan out, Hard Rock continued to explore4 opportunities to enter the New Jersey gaming5 market and readied itself accordingly. In6 January 2015, the Hard Rock, as then7 constituted, obtained a Statement of Compliance8 from the Commission.9 The Statement of Compliance process is a

10 rigorous process which required Hard Rock and11 its individual qualifiers to meet the12 requirements for good character, honesty,13 integrity; business ability and casino14 experience; and financial integrity and15 responsibility, all criteria that must be met16 in order for an applicant to obtain a casino17 license.18 Several of the Hard Rock entities and19 individual qualifiers which the Commission20 found qualified in 2015 are part of the current21 application for casino licensing. The22 Division's licensing reports on this matter23 identified current role of each of those24 business entities and individual qualifiers.25 Updated to -- updated its investigations as to

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1 ITEM NO. 172 such, and recommended their continual3 qualification. Additional officers and key4 qualifiers were identified by the Director as5 required by qualifiers which we reviewed and6 approved with our earlier votes.7 Hard Rock's efforts in bringing its8 brand to Atlantic City are noteworthy. Shortly9 after acquiring the former Taj Mahal in March

10 2017, Hard Rock's owners immediately began the11 process of designing and transforming the12 property into a Hard Rock Casino & Hotel13 Atlantic City. In addition to the 50,000 --14 the $50 million acquisition cost, Hard Rock has15 invested over $485 million to transform the16 property into a Hard Rock branded resort.17 As detailed in the testimony and18 reflected in the artist's renderings today19 introduced into the record, Hard Rock offerings20 included 119,000 square foot gaming floor,21 expected to contain 2,144 new slot machines and22 120 new table games; a 402-seat Hard Rock Cafe23 adjoining the casino floor, that is expected to24 contain 16 bartop slot casino machines;25 approximately 1,900 hotel rooms, consisting of

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1 ITEM NO. 172 14,00 standard hotel rooms and 500 suites;3 eleven food and beverage operations, including4 a 550-seat buffet and seafood restaurant; a5 Hard Rock Live showroom which will be6 approximately 63,000 square feet, approximately7 40,000 square foot convention center and8 meeting space; complete renovation of pool and9 sun deck; a complete transformation of the

10 exterior of the property to fully integrate the11 Hard Rock brand, including a 53-foot guitar in12 its entrance area.13 Mr. Allen testified that the Hard Rock14 brand offers customers an experience that15 combines music, memorabilia, merchandise, menu,16 and memorable moments. Its target customer is17 musically interested. The testimony and18 evidence submitted present a picture of a19 company that has successfully incorporated20 casino gaming into an entertainment company21 that got its start using a vast collection of22 rock-and-roll memorabilia to attract patrons to23 its cafes.24 Hard Rock has engaged in an aggressive25 marketing campaign to reintroduce the property

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1 ITEM NO. 172 to the market and create a sense of excitement3 and energy around its reopening. It has4 engaged in multifaceted marketing campaigns,5 including using the internet, social media,6 direct mail, media events, and community7 outreach. In April it announced its8 anticipated June 28th, 2018, grand opening in9 New York with live streams to Atlantic City and

10 Philadelphia.11 On December 19th, 2017, the Commission12 approved the Management Agreement between13 Boardwalk 1000 as owner and operator of Hard14 Rock and HR Atlantic City as the casino15 manager. Hard Rock has submitted sufficient16 evidence to establish that it has sufficient17 business ability and casino experience to18 establish that it can maintain a successful and19 efficient casino operation. As noted in the20 Division Reports as of 2017, there were eight21 Hard Rock licensed hotel casinos and three Hard22 Rock managed casinos.23 In addition, Hard Rock's holding24 company, Seminole HR Holdings, LLC, owns and25 operates 64 Hard Rock Cafes and five hotel

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1 ITEM NO. 172 retail stores, and it manages an additional two3 cafes. There are 109 Hard Rock Cafe franchises4 as of 2017. Both Mr. Allen and Mr. Harkness5 have extensive backgrounds in gaming6 operations, and I wholeheartedly believe that7 they are well equipped to effectively manage8 Hard Rock Atlantic City.9 The Atlantic City gaming market is on

10 the cusp of resurgence. An applicant's11 financial stability is, therefore, one of the12 most important licensing criteria to be13 reviewed. The Casino Control Act requires that14 an applicant for a casino license establish its15 ability to comply with the five financial16 stability standards set forth in Section 84a of17 the Act: The ability to maintain an adequate18 casino bankroll; to meet ongoing operating19 expenses; to pay all taxes and fees; to fund20 capital and maintenance expenditures; and to21 satisfy debt service obligations.22 The Division's Reports note and the23 testimony of Mr. Allen and Mr. Harkness24 elaborated, given the level of investment made25 in the property, the popularity of the Hard

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1 ITEM NO. 172 Rock brand, Hard Rock will be competitive and3 achieve its projected operating results which4 the Division proffers are reasonable and5 obtainable. However, given the ongoing6 intensity of the regional competition from7 Pennsylvania, New York, Maryland, Connecticut,8 and other regional markets as well as the9 anticipated opening of Ocean Resorts, ongoing

10 vigilance required -- regarding Hard Rock's11 financial stability is important to Atlantic12 City's ongoing resurgence.13 Worth noting, however, is that the14 Division reports of Hard Rock's financial15 vehicles do not provide -- provide some16 flexibility should Hard Rock not meet its17 anticipated operating results. As Mr. Allen18 noted several times, Hard Rock AC has no public19 debt. Further, the Division indicates that it20 intends to monitor Hard Rocks financial21 conditions going forward through the financial22 reporting requirements contained in the23 Division's regulations without the need for us24 to impose specific additional financial25 conditions.

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1 ITEM NO. 172 With these necessary safeguards, I'm3 satisfied that Boardwalk 1000 and HR Atlantic4 City have demonstrated its financial stability5 under the Act necessary for them to obtain6 casino licensure.7 We have heard Mr. Allen describe many of8 the planned amenities throughout the property,9 as well as his marketing plan and his vision

10 for Hard Rock and Atlantic City. I, for one,11 are placing a great deal of confidence in you,12 Mr. Allen, and your team.13 We all know Atlantic City needs to be14 broadened its appeal and bring people here for15 a lot more than just gaming. It appears that16 you and Hard Rock will do just that. The place17 hasn't opened yet, but Hard Rock has booked18 live entertainment in its theaters, its arenas,19 and in its lounges for virtually every night20 that summer. That emphasis on broad spectrum21 of entertainment, together with the array of22 restaurants and other attractions, should help23 Hard Rock tap into the segment of the market24 that doesn't come here today.25 This company has come a long way from a

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1 ITEM NO. 172 little London diner in 1971 to a multinational3 entertainment corporation that has made an4 enormous social and cultural impact around the5 world. It has helped countless artists to6 establish themselves in the music industry and7 showcased some of the finest entertainers8 today. I hope it can do the same for Atlantic9 City.

10 From today's -- from today's testimony11 and presentation, as well as the reports of the12 Division, in my view, Boardwalk 1000 and HR13 Atlantic City have carried the burden and14 satisfied the criteria for the issuance of a15 casino license.16 Accordingly, I now move that the17 Commission adopt the draft resolution and issue18 a casino licenses to Boardwalk 1000 and HR19 Atlantic City in accordance with the findings20 and the rulings stated in the resolution.21 Do I have a second?22 VICE CHAIR HARRINGTON: I'll second23 that.24 CHAIR PLOUSIS: Discussion?25 COMMISSIONER COOPER: Mr. Chairman, I

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1 ITEM NO. 172 have a few words I would like to say.3 Before I became the Commissioner, I was4 in the music and entertainment business for5 almost 40 years. When Resorts opened in 1978,6 I was one of the first entertainers to perform7 in the Rendezvous Lounge. Live music and8 entertainment was such an important part of the9 casino experience. So as a professional

10 musician, one who has entertained in virtually11 every one of the casino hotels here, it is hard12 to put into words how excited I am about Hard13 Rock coming to Atlantic City.14 Prior to casinos, Atlantic City was an15 entertainment mecca for decades from Sousa to16 Sinatra, the Beatles to Pavarotti, Martin and17 Lewis to Steve and Eydie, casinos meant jobs,18 jobs for musicians, for singers, for dancers.19 Back in the beginning, there was20 actually a requirement that casinos have live21 entertainment in their theaters every night.22 But times changed, and house bands were23 replaced with prerecorded music. So many24 extremely talented people lost their jobs,25 their livelihoods, and so many moved away.

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1 ITEM NO. 172 Sitting here today and listening to3 everything that has been presented to us, I am4 certainly impressed with the variety of5 restaurants, the spa and fitness center, the6 retail shopping, and all the other amenities.7 I am impressed with the total refurbishment of8 the property from top to bottom, and with an9 exceptional team that Hard Rock has put

10 together to run this facility. But on a11 personal note, I am thrilled by their12 commitment to live entertainment.13 Several weeks ago when Hard Rock held14 its press conference and announced the15 entertainment lineup for Atlantic City, I was16 overjoyed. This property will be filled with17 music from live musicians and entertainers from18 a wide variety of styles and genres. From a19 musician or an entertainers' perspective, there20 is nothing, nothing more exciting than21 interacting with an audience, whether it's22 performing in an intimate cocktail lounge or a23 piano bar or entertaining at a high-roller24 party and dinner dance for a thousand people.25 And for the audience, there is nothing, nothing

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1 ITEM NO. 172 that compares to the excitement and enjoyment3 of hearing live music and seeing live4 entertainers. Entertainment. Jim Allen said5 that music is in their DNA, and I am delighted6 that it will now be part of Atlantic City's7 DNA, too.8 I support the motion.9 CHAIR PLOUSIS: Roll call, please.

10 MS. FAUNTLEROY: Commissioner Cooper?11 COMMISSIONER COOPER: Yes.12 MS. FAUNTLEROY: Vice Chair Harrington?13 VICE CHAIR HARRINGTON: Yes.14 MS. FAUNTLEROY: And Chairman Plousis?15 CHAIR PLOUSIS: Yes.16 Thank you.17 MS. FAUNTLEROY: Thank you.18 CHAIR PLOUSIS: Congratulations.19 MR. CASIELLO: Thank you, Mr. Chairman20 and Commissioners.21 VICE CHAIR HARRINGTON: Congratulations.22 MS. FAUNTLEROY: Anything else?23 MS. JONES: No. We're good.24 CHAIR PLOUSIS: I'll let -- while our25 Hard Rock friends are leaving, I know you had

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1 ITEM NO. 112 Rita in your first facility, but we have a3 gentleman here who spent 38 years in the Casino4 Control Commission, Tony DiFlorio, and this is5 his last meeting.6 So, Tony, can you wave to the crowd7 here?8 (Applause.)9 CHAIR PLOUSIS: Your Rita is better

10 looking than he is.11 MS. FAUNTLEROY: We do have one more12 agenda item, but we'll give five minutes to13 clear the room.14 (There was a pause in the proceedings15 from 2:30 to 2:37 p.m.)16 MS. FAUNTLEROY: All right. So this17 matter, Mr. Chairman and Commissioners, is Item18 No. 11, application for suspension in State19 versus Carmen Martinez.20 CHAIR PLOUSIS: Thank you.21 Counsel, can you enter your --22 I'm sorry.23 MS. FAUNTLEROY: Senior Counsel24 Pimpinelli will set it up for you.25 MS. PIMPINELLI: Chairman and

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1 ITEM NO. 112 Commissioners, as Miss Fauntleroy indicated,3 this is the suspension and Complaint of State4 of New Jersey versus Carmen Martinez. For your5 consideration this morning is for the6 suspension portion.7 Mr. Levin is here to behalf of Miss8 Martinez. Jordan Hollander is on behalf of the9 Division. Since it's the Division's Complaint,

10 they may go first.11 MR. HOLLANDER: Thank you. Chairman and12 Commissioners. Jordan Hollander on behalf of13 the Division of Gaming Enforcement.14 On April 26, 2018, the Division filed a15 Complaint in an application for suspension in16 this matter. As set forth in the Division's17 Complaint, Miss Martinez was charged on18 December 6, 2017, with one count of19 third-degree theft by deception in violation of20 NJSA 2:C-20-4 and one count of unsworn21 falsification in violation of NJSA 2C:28-3 in22 connection with applications for State and23 Federal disaster relief funds for damages24 sustained to a property as a result of25 Superstorm Sandy.

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1 ITEM NO. 112 Miss Martinez subsequently waived her3 right to indictment and was charged by way of4 accusation on February 1st, 2018, with one5 count of third-degree theft of deception in6 violation of NJSA 2C:20-4.7 The accusation alleged that Ms. Martinez8 falsely claimed the property on Federal and9 State application forms to be her primary

10 residence when it was not and that she obtained11 a FEMA grant of $9,900.75, a Homeowner12 Resettlement Program Grant of $10,000, and13 $15,000 in Sandy Homeowner Renter Assistance14 Program funds as a result.15 On April 2nd, 2018, Ms. Martinez was16 accepted into the Pretrial Intervention Program17 for a period of 12 months, ending in April18 2019. Also, on the date of the order, a19 postponement was entered and this matter20 remains pending.21 This charges and the underlying conduct22 itself are disqualifying pursuant to Sections23 86c(1), 86d and 86g of the Casino Control Act.24 Furthermore, given the charges and25 alleged conduct, Miss Martinez lacks the good

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1 ITEM NO. 112 character, honesty, and integrity required of a3 casino key employee by Section 82b(2) of the4 Act.5 Due to the serious nature of the charged6 offenses and nature of the underlying conduct,7 the Division respectfully requests the8 immediate suspension of Miss Martinez's key9 employee license pending the final resolution

10 of this matter or revocation hearing.11 Thank you.12 CHAIR PLOUSIS: Thank you.13 Counsel?14 MR. LEVIN: May it please the15 Commission, Mr. Chairman, Miss Vice Chair, Miss16 Commissioner, my name is Joseph Levin. I'm an17 attorney with Levin, Pisetzner & and Levin. I18 represent Miss Martinez.19 It may -- I want to apologize that I did20 not bring a presentation for you today. That21 was very impressive, by the way, and it was22 interesting to watch.23 Miss Martinez comes before the24 Commission today as a married mother of two25 who -- two children whom she supports. She's

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1 ITEM NO. 112 worked in the casino industry for 37 years.3 She's been a supervisor in the casino industry4 for 34 years. During all of those years, Miss5 Martinez has had an unblemished record of6 outstanding service, and she's been a person of7 high moral character. That remains true today.8 There was a criminal case, and I'm going9 to explain that. I'm going to take a few

10 moments and make it-- I'm going to summarize11 it. Miss Martinez owns two properties. She12 owns a property in Galloway Township, and she13 owns a property in Atlantic City. After14 Hurricane Sandy, the one in Atlantic City was15 damaged. A lot of properties were damaged on16 the Island. Hers was one of them. Miss17 Martinez applied for aid under the REM program.18 She was granted all together in the aggregate19 about $34,000 in aid and she was given that20 grant.21 Subsequently, the State did an audit of22 all these grants, and the State took the23 position -- this was the Division of Criminal24 Justice -- that Miss Martinez was not entitled25 to those funds because that was not her primary

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1 ITEM NO. 112 residence. They took the position she lived in3 Galloway Township and not Atlantic City.4 We had boxes of documents. We went back5 and forth, and we disputed that position. And6 our position was Miss Martinez was a hundred7 percent innocent of all charges. We thought8 that we could show that. We went back and9 forth, back and forth with paperwork. And what

10 ended up happening was, we were unable to come11 to an agreement, but the State understood that12 there were a lot of mitigation -- there was a13 lot of mitigation here. There was a lot of14 argument could be made that she was innocent.15 So what we did was, we had a choice.16 Miss Martinez had a choice. Was around17 November, around Thanksgiving. And they18 decided they were going to go forward. She had19 the choice. Miss Martinez could at that time20 litigate the case. She was charged around21 December 6th, I believe. And when she was22 charged -- and the Attorney General from the23 Division of Criminal Justice -- he was very24 nice. We had a good rapport back and forth.25 But Miss Martinez had a choice. She could at

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1 ITEM NO. 112 that point spend about $50,000 litigating the3 case over about a year, year and a half, file4 motion after motion, possibly get it dismissed.5 But if it doesn't get dismissed, then we'd have6 to get experts. We'd have to get to trial. It7 would take about a year, year and a half. Or8 even though she's innocent, she could have been9 accepted into the Pretrial Intervention

10 Program, which is a program which I'm going to11 explain in a minute, repay the $34,000, and12 that the case would be over much, much faster.13 It would be faster. It would be cheaper. And14 it will allow her to return to work at Bally's.15 When she got charges -- we were in touch16 with Bally's the entire time. She cherishes17 her job as a floor supervisor. We were in18 touch with Bally's. They are very, very good.19 And what ended up happening was, once she was20 charged, Bally's suspended her, and even though21 we maintained her innocence, they felt she had22 to under the provisions that they had to23 suspend her. So they suspended her. But we24 kept them apprised every month. And usually25 they only give you 30 or 60 days to wrap it up,

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1 ITEM NO. 112 and then they terminate you. They let Miss3 Martinez get a number of extensions because4 she's a valued employee. And as soon as she5 got into PTI and they understood the situation,6 they allowed her to return to work, and she's7 presently working at Bally's.8 PTI. It's important to understand PTI.9 In this particular case, PTI does not mean --

10 some people plead guilty and enter into PTI.11 Because it's a program for first offenders.12 And if you complete the program, the case is13 dismissed. You don't have to plead guilty to14 be PTI. In fact, the guidelines for PTI -- and15 I brought the PTI book, and I made copies of16 the guidelines. Enrollment of the PTI program17 is broad enough for persons who have maintained18 their innocence, and they should be permitted19 to also apply. And Miss Martinez has20 maintained her innocence from day one.21 And what you have is a situation here is22 where she made a cost/benefit analysis. She23 said, if I go through the whole litigation24 process and spend $50,000 and I prove -- she25 wouldn't have to prove it criminal trial, but

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1 ITEM NO. 112 the State would have to prove -- my innocence,3 a year and a half, I'm not going to have a job.4 I'll be fired because it's too long. Bally's5 won't keep my job anymore. So instead she6 accepted PTI. And as soon as she accepted PTI,7 she paid $34,000 in restitution. We have a8 receipt for the money that was paid. They also9 asked her to perform 25 hours of community

10 service. She did that.11 And the Attorney General actually agreed12 this is very unique. Agreed on the record, and13 I have the transcript of that. That she could14 apply to have PTI terminated and get it done15 once she completed those conditions.16 I just became aware of this motion17 Friday? Or Monday. I think Friday. I would18 have already had that done if I knew -- for19 example, if this was on the June or July20 docket, I could tell this commission, she would21 be dismissed. The case would be dismissed22 because she's completed all her conditions. I23 have her receipt. I have her proof of24 community service. I have her PTI paperwork25 showing all the conditions.

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1 ITEM NO. 112 So this is a situation where essentially3 she's done PTI. I anticipate the judge, under4 the agreement, is going to terminate her PTI5 favorably, and then she has to wait six months6 after that to get it dismissed.7 I understand -- I don't do this type --8 you don't see in before of the Commission very9 much. I've haven't been here in years. I

10 can't remember the last time I was here. And I11 read the law. And I understand that under the12 circumstances because she's charged with a13 disqualifying offense that this commission has14 the ability to suspend her right now. And it15 might be even common to suspend her because16 she's charged with a disqualifying offense.17 But in this particular case -- I'm not saying18 this is the norm. I'm saying this is very,19 very much not the norm. In this particular20 case, I think Miss Martinez -- who I think we21 can certainly prove her innocence. She's been22 a valued employee in the casino industry for I23 think some -- a gentleman here, you said 3824 years. She's been here for 37 years, one year25 less. And she's now working at Bally's.

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1 ITEM NO. 112 Bally's took her back, and they've given her3 her job, and she's a valued employee there.4 And the question is, why now? I would5 ask the Commission. And what I'm saying is if6 you -- this is -- if she's not suspended and we7 were given a little bit of time -- or we8 request a hearing. And in the meantime, I can9 come back with an order showing the case has

10 been dismissed. And you have to under the law11 wait six months under the law to apply for an12 expungement after that. That seems like the13 just result in this particular case, to allow14 her to keep working.15 She signed an agreement when she went16 back to Bally's and, quite frankly, I'm going17 to -- I throw myself on the sword a little bit.18 The Attorney General was so -- we had such a19 good rapport back and forth, and he felt for20 Mrs. Martinez, I think. I think I could have21 worked into PTI on any offense. I didn't have22 to pick a disqualification offense. But I was23 under the impression that we never were going24 to be here. So we picked the most -- the25 easiest offense under the circumstances. We

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1 ITEM NO. 112 could have picked a different offense for her3 to go in and waive her right and proceed by way4 of accusation.5 But I think in the -- I think the6 interesting point that -- well, it was7 interesting to me. It might not be interesting8 to you. She's charged on December 6th-ish,9 somewhere around that, of 2017. At that point,

10 no one moved to revoke her license or to11 suspend her. It's now May. She's now done12 everything she can do to put the case behind13 her. Everything she could do to make it as14 fast as possible. And instead of fighting the15 case -- the only reason she didn't fight the16 case -- two reasons probably. One is17 monetarily it would have been very expensive.18 But the second reason is, she wanted to get19 back to her job. So what's the fastest way to20 get back to the job? So the Division didn't21 move for any sort of suspension from December22 all the way through May -- or April 27th, I23 think, is when they moved. All those months24 they didn't move for anything under the25 circumstances. So now she has her job back.

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1 ITEM NO. 112 She's working again. She's about to get a3 dismissal order very, very soon. Now the4 Commission moves to suspend her. Now it's5 urgent that she be suspended.6 I understand that the Commission has the7 authority to do so. And I even understand it8 might be the norm to do so. But in this9 particular case, with Miss Martinez's track

10 record, unbelievable track record over 37 years11 of service in the casino industry, where she12 showed good character, respectfully requesting13 that she not be suspended. And we can ask for14 an expedited hearing that we would provide the15 case proof that the case was dismissed. When16 she's eligible for an expungement, we're going17 to move for that.18 And, again, I guess interesting thing --19 and just interesting to me is Miss Martinez20 doesn't need a key license for her position,21 but that's the only license she has. Because22 way back, I guess when she applied for a23 license, that's what she was told to do. So24 that's kind of another -- another interesting25 fact.

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1 ITEM NO. 112 And she's been given some responsibility3 because of that license over the years I think4 some people don't have.5 So I don't know if you have any6 questions. I can certainly answer any7 questions about the criminal case. I can8 answer about questions about the charges. I9 can answer any questions about Miss Martinez.

10 Any questions, I'll try to answer. If you have11 any.12 CHAIR PLOUSIS: Where -- where does she13 live?14 (Conferring.)15 MR. LEVIN: Do you live back in Atlantic16 City?17 Now? You're talking about now?18 CHAIR PLOUSIS: Correct.19 MS. MARTINEZ: In Atlantic City.20 MR. LEVIN: In Atlantic City?21 CHAIR PLOUSIS: In the property that was22 renovated?23 MS. MARTINEZ: Uh-hum.24 MR. LEVIN: That's correct. I mean, it25 would be --

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1 ITEM NO. 112 CHAIR PLOUSIS: Now, when she was3 charged, where did she live?4 MS. MARTINEZ: In Atlantic City.5 MR. LEVIN: Yeah. What ended up6 happening was, she lived in Atlantic City. And7 we took the position that that was her primary8 residence. She owned a property in Galloway9 that was rented out. But Miss Martinez did not

10 ever formally engage in any sort of a lease.11 So while we took the position that we had some12 witnesses, we didn't have any paperwork to show13 she had rented the Galloway property out. So14 what ended up happening is, we went back and15 forth. And the Attorney General's Office was16 like, you really can't prove it without the17 paperwork. And our position back was simply18 because she didn't get a proper lease agreement19 doesn't mean it didn't happen. And the people20 that had leased the property at the time of21 Sandy had moved, and we were having a hard time22 locating them. But we were still trying23 through the investigator. But we can did have24 witnesses that she does in live in Atlantic25 City. The Atlantic City property has a number

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1 ITEM NO. 112 of actual residences in it; correct?3 MS. MARTINEZ: Uh-hum.4 MR. LEVIN: She does rent some of the5 property, and she lives in some of the6 property. But it is right here in Atlantic7 City, and she's lived and worked here for8 decades; right?9 CHAIR PLOUSIS: And her casino license

10 is where out of what residence?11 MR. LEVIN: Bally's?12 CHAIR PLOUSIS: What residence?13 MR. LEVIN: Oh, you mean what residence14 is it?15 (Conferring.)16 MS. FAUNTLEROY: I would just be17 cautious -- being cautious about having the18 witness testify.19 MR. LEVIN: Yes. Yes.20 MS. FAUNTLEROY: You can give your21 arguments but --22 MR. LEVIN: Do you have your license? I23 apologize.24 (Conferring.)25 MR. LEVIN: As much as I like to think I

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1 ITEM NO. 112 can answer every question --3 MR. HOLLANDER: Mr. Chairman, if I may?4 CHAIR PLOUSIS: Yes.5 MR. HOLLANDER: Information from the6 Division records on Miss Martinez indicate that7 her home address on all her application forms8 and on her tax returns is the Galloway9 property. That also references the rental

10 property in Atlantic City.11 And, furthermore, I would just add that12 Sections 86g and d of the Act exist in the Act13 to make the conduct of the offenses as14 disqualifying as the convictions themselves if15 there is no conviction, and that the16 revocation, as the Commission well knows, would17 result in a ten-year bar of holding a casino18 key employee license.19 And Miss Martinez was -- her date of20 arrest was February 1st, and her date of21 accusation, which is when she would have been22 fingerprinted, which was when we -- the23 Division received notification of the charge24 against her, which is when we began -- we got25 the information to prepare the Complaint for

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1 ITEM NO. 112 the Commission.3 MR. LEVIN: Not sure that's accurate.4 But regardless of that, her Casino Control5 Commission license which she received in 2014,6 this one has the Galloway address, and her New7 Jersey driver's license has the Atlantic City8 address. Just to answer that question.9 MR. HOLLANDER: The address listed on

10 her driver's license in her last resubmission11 application in 2014 has the Galloway address on12 it. Of her New Jersey driver's license.13 MR. LEVIN: Which is one of the reasons14 that when we were dealing with the Division of15 Criminal Justice -- because it's not that she16 ever lived in the Galloway property. She has17 lived in the Galloway property as well. But as18 far as dealing with the Division of Criminal19 Justice, there's a lot of paperwork on both20 sides going back and forth. But I think that21 everyone -- while they wouldn't dismiss the22 case, they are very fast to agree to her23 application to PTI. Which I think speaks24 volumes, that they would agree to that.25 And under the circumstances, I

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1 ITEM NO. 112 understand, having read the Act, that the3 conduct itself, even if someone's acquitted --4 well, I don't know about acquitted, but even if5 it's dismissed -- that the Division can still6 move under the conduct. We understand that.7 We're well aware of that. But under the8 circumstances of this case, having gone through9 the entire process and made the decision to

10 accept PTI, it appears that instead of11 litigating the case, her decision to now take12 PTI is now going to have this negative impact13 on her. When Bally's worked on her behalf.14 Bally's accepted her back, and she's presently15 working.16 And I'm not sure what -- what actual17 evidence that the Division has, but I have18 boxes and boxes of evidence in this case that19 I've gone back and forth with the Division. So20 it would be our position they are never going21 to prove it because it's just not true.22 But, you know, I'm obviously taking the23 position because that's my position. But I've24 come before the Commission before, I've had25 clients that are guilty, or I've had clients

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1 ITEM NO. 112 where there's situations where they went into3 PTI because you can be guilty and go into PTI.4 That's not our position here. Miss Martinez5 has always taken the position, and this can be6 confirmed with the Division of Criminal7 Justice -- that she's one hundred percent8 innocent, and that she didn't do anything9 wrong.

10 CHAIR PLOUSIS: Just for clarification,11 how many units are in this complex or --12 MR. LEVIN: In Atlantic City?13 CHAIR PLOUSIS: Yes.14 (Conferring.)15 MR. LEVIN: There's two others, and she16 lives in one.17 CHAIR PLOUSIS: Okay. So there's --18 MR. LEVIN: Three all together?19 CHAIR PLOUSIS: -- two rental units, and20 she lives in one.21 MR. LEVIN: That's correct.22 CHAIR PLOUSIS: And her then her thought23 was it was her primary residence, and she could24 claim those FEMA benefits?25 MR. LEVIN: That was the thought

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1 ITEM NO. 112 process. And all the paperwork was filled out3 consistent with that. And, yes. She did file.4 And she had also lived in Galloway. I5 mean, there were points she lived in Galloway.6 She was trying to rent properties and make7 money. I think that when it came down to when8 she could get a rental in the Galloway9 property, she moved back to Atlantic City.

10 CHAIR PLOUSIS: Any questions?11 MR. LEVIN: That's really what this12 comes down to. I mean, what this really comes13 down to, a lot of people think of theft as -- I14 have a lot of clients, because I do criminal15 defense work -- that commit thefts in the16 casinos. You get caught on video. They take a17 wallet. They -- you know. That's what I do.18 I'm a criminal defense lawyer. This is not19 like that. This is a situation where she20 filled out paperwork in good faith. She signed21 it. She got the grants. A lot of people got22 grants because of Sandy. And they determined23 that they could not verify that that was her24 primary residence. And they -- and some of her25 documentation did have a Galloway Township

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1 ITEM NO. 112 address on it. And what ended up happening3 was, it raised a red flag. I'm assuming and4 then we went back and forth. And because we5 could not prove it, even though a defense in6 the criminal case should not have to prove7 anything, we could to the prove it, and we were8 given the option. And PTI is what she did.9 CHAIR PLOUSIS: Mr. Hollander?

10 MR. HOLLANDER: Nothing further.11 MR. LEVIN: I guess the one thing I12 would add, the last thing I would say, she did13 sign to go back to Bally's. As soon as she14 ended PTI, she went back to Bally's. And15 because they'd extended her 30 days here, 3016 days there, 30 days again, because she was a17 valued employee, they wanted her to work back.18 They had they are signed something called like19 a Last Chance Agreement or something, which20 essentially said, if you're suspended again, or21 you can't work here again, you're going to be22 terminated. So the reason we're really here --23 I think the normal course would be we would24 say, okay. She -- Miss Martinez is suspended.25 We'll agree and ask for an expedited hearing.

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1 ITEM NO. 112 We'll have a conference, see if we can work it3 out. I'm almost never here because we always4 try to work it out in a conference. The reason5 we're here is that if she's suspended, our6 belief is that because she signed this Last7 Chance Agreement with Bally's, that Bally's can8 terminate her, and she'll loss her job after9 all these years in the casino industry. So

10 that's really the only reason we're here asking11 that she not be suspended. I don't want to see12 her lose her job.13 You know, later, I would assume we're14 going to -- regardless of the ruling here,15 we're going to ask for an expedited hearing.16 We're going to have a conference. And we're17 going to ask she not be suspended now. Because18 if she loses her job, ultimately, however it19 works out, it won't be matter. She won't have20 a job. She'll have to reapply to some other21 property. Hopefully, that doesn't happen.22 And that would be our argument.23 Thank you.24 CHAIR PLOUSIS: Any other? No.25 (No response.)

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1 ITEM NO. 112 CHAIR PLOUSIS: Okay.3 MS. FAUNTLEROY: Do you have any4 questions of --5 CHAIR PLOUSIS: No.6 VICE CHAIR HARRINGTON: No.7 CHAIR PLOUSIS: Nothing further from our8 counsel?9 VICE CHAIR HARRINGTON: Is there any

10 recourse other than...11 MS. FAUNTLEROY: It's your decision. Up12 or down on the Division's request for a13 suspension. As indicated, the revocation14 proceeding would be a remand. And you15 certainly have the liberty to expedite that16 consistent with the scheduling of the PTI and17 the dismissal applications. But on the18 suspension request, it's an up or down.19 CHAIR PLOUSIS: Do we have a motion?20 I'll make a motion that we grant the21 Division's application to suspend Carmen22 Martinez's casino license and remand the matter23 for a hearing.24 Is there a second?25 VICE CHAIR HARRINGTON: Second.

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1 ITEM NO. 112 COMMISSIONER COOPER: I'll --3 CHAIR PLOUSIS: We have a second.4 Any further discussion.5 (No response.)6 CHAIR PLOUSIS: Hearing none, all in7 favor?8 (Ayes.)9 CHAIR PLOUSIS: Opposed?

10 (No response.)11 CHAIR PLOUSIS: Ayes have it.12 VICE CHAIR HARRINGTON: I'm sorry.13 MS. FAUNTLEROY: In accordance with14 Resolution 17-12-19-03, the next closed session15 will be held on Wednesday, June -- 9 or 6?16 VICE CHAIR HARRINGTON: Six.17 COMMISSIONER COOPER: June 6th.18 MS. FAUNTLEROY: June 6th. I'm19 confused. June 6th at 9:30 a.m. in the20 Commission offices.21 CHAIR PLOUSIS: Anything further?22 MR. HOLLANDER: No.23 CHAIR PLOUSIS: You guys are free to go.24 MR. LEVIN: Respectfully, was our25 expedited hearing request granted?

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12 CHAIR PLOUSIS: Yes.3 MR. LEVIN: Yes. Thank you.4 MS. FAUNTLEROY: Time to call for public5 participation, Mr. Chairman.6 CHAIR PLOUSIS: This is the public7 participation portion of the meeting. If there8 is anyone who wishes to speak, please come9 forward.

10 (No response.)11 CHAIR PLOUSIS: Seeing none, the public12 participation portion is now closed.13 Is there a motion to adjourn?14 COMMISSIONER COOPER: I'll make the15 motion.16 CHAIR PLOUSIS: I have a motion.17 Do we have a second?18 VICE CHAIR HARRINGTON: Second.19 CHAIR PLOUSIS: All in favor?20 (Ayes.)21 CHAIR PLOUSIS: Opposed?22 (No response.)23 CHAIR PLOUSIS: None? Ayes have it.24 (Public Meeting 18-05-09 was adjourned25 at 3:00 p.m.)

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1 C E R T I F I C A T E234 I, DARLENE SILLITOE, a Certified Court5 Reporter and Notary Public of the State of New Jersey,6 certify that the foregoing is a true and accurate7 transcript of the proceedings.8 I further certify that I am neither9 attorney, of counsel for, nor related to or employed

10 by any of the parties to the action; further that I am11 not a relative or employee of any attorney or counsel12 employed in this case; nor am I financially interested13 in the action.1415161718 ------------------------19 DARLENE SILLITOE, CCR20 License No 30XI01023002122 Dated: May 14, 201823 My Notary Commission Expires24 December 9, 2019 ID No 5000693225

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153:15 179:4184:7 212:23220:20 224:3

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171:23 176:7177:18 179:4183:11220:22

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optimistic139:24

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Park3:10 6:1936:6,22 37:238:4 92:17

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parties 33:2336:15 39:1183:9 106:4228:10

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Petitioner's58:10 63:269:23 81:17

Petitioners10:13 33:2536:18 39:1342:4 46:277:21 82:487:6

Philadelphia157:3 171:3179:12194:10

philanthropic87:13 101:22102:20103:18 105:8105:11

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phone 144:10phones 11:18photo 116:10photographs

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