---
kind: "range"
citation: "25 C.F.R. §§ 542.40–542.43"
title: "25"
from: "542.40"
to: "542.43"
count: 4
url: "https://uscodex.org/cfr/25/542.40..542.43"
---

# §542.40. What is a Tier C gaming operation?


A Tier C gaming operation is one with annual gross gaming revenues of more than $15 million.


# §542.41. What are the minimum internal control standards for drop and count for Tier C gaming operations?

- (a) **Computer applications.** For any computer applications utilized, alternate documentation and/or procedures that provide at least the level of control described by the standards in this section, as approved by the Tribal gaming regulatory authority, will be acceptable.
- (b) **Table game drop standards.**
  - (1) The setting out of empty table game drop boxes and the drop shall be a continuous process.
  - (2) **At the end of each shift—**
    - (i) All locked table game drop boxes shall be removed from the tables by a person independent of the pit shift being dropped;
    - (ii) A separate drop box shall be placed on each table opened at any time during each shift or a gaming operation may utilize a single drop box with separate openings and compartments for each shift; and
    - (iii) Upon removal from the tables, table game drop boxes shall be transported directly to the count room or other equivalently secure area with comparable controls and locked in a secure manner until the count takes place.
  - (3) If drop boxes are not placed on all tables, then the pit department shall document which tables were open during the shift.
  - (4) The transporting of table game drop boxes shall be performed by a minimum of two persons, at least one of whom is independent of the pit shift being dropped.
  - (5) All table game drop boxes shall be posted with a number corresponding to a permanent number on the gaming table and marked to indicate game, table number, and shift.
  - (6) Surveillance shall be notified when the drop is to begin so that surveillance may monitor the activities.
- (c) **Soft count room personnel.**
  - (1) The table game soft count and the gaming machine bill acceptor count shall be performed by a minimum of three employees.
  - (2) Count room personnel shall not be allowed to exit or enter the count room during the count except for emergencies or scheduled breaks. At no time during the count, shall there be fewer than three employees in the count room until the drop proceeds have been accepted into cage/vault accountability. Surveillance shall be notified whenever count room personnel exit or enter the count room during the count.
  - (3) Count team members shall be rotated on a routine basis such that the count team is not consistently the same three persons more than four (4) days per week. This standard shall not apply to gaming operations that utilize a count team of more than three persons.
  - (4) The count team shall be independent of transactions being reviewed and counted. The count team shall be independent of the cage/vault departments, however, an accounting representative may be used if there is an independent audit of all soft count documentation.
- (d) **Table game soft count standards.**
  - (1) The table game soft count shall be performed in a soft count room or other equivalently secure area with comparable controls.
  - (2) Access to the count room during the count shall be restricted to members of the drop and count teams, with the exception of authorized observers, supervisors for resolution of problems, and authorized maintenance personnel.
  - (3) If counts from various revenue centers occur simultaneously in the count room, procedures shall be in effect that prevent the commingling of funds from different revenue centers.
  - (4) The table game drop boxes shall be individually emptied and counted in such a manner to prevent the commingling of funds between boxes until the count of the box has been recorded.
    - (i) The count of each box shall be recorded in ink or other permanent form of recordation.
    - (ii) A second count shall be performed by an employee on the count team who did not perform the initial count.
    - (iii) Corrections to information originally recorded by the count team on soft count documentation shall be made by drawing a single line through the error, writing the correct figure above the original figure, and then obtaining the initials of at least two count team members who verified the change.
  - (5) If currency counters are utilized and the count room table is used only to empty boxes and sort/stack contents, a count team member shall be able to observe the loading and unloading of all currency at the currency counter, including rejected currency.
  - (6) Table game drop boxes, when empty, shall be shown to another member of the count team, or to another person who is observing the count, or to surveillance, provided the count is monitored in its entirety by a person independent of the count.
  - (7) Orders for fill/credit (if applicable) shall be matched to the fill/credit slips. Fills and credits shall be traced to or recorded on the count sheet.
  - (8) Pit marker issue and payment slips (if applicable) removed from the table game drop boxes shall either be:
    - (i) Traced to or recorded on the count sheet by the count team; or
    - (ii) **Totaled by shift and traced to the totals documented by the computerized system.** Accounting personnel shall verify the issue/payment slip for each table is accurate.
  - (9) Foreign currency exchange forms (if applicable) removed from the table game drop boxes shall be reviewed for the proper daily exchange rate and the conversion amount shall be recomputed by the count team. Alternatively, this may be performed by accounting/auditing employees.
  - (10) The opening/closing table and marker inventory forms (if applicable) shall either be:
    - (i) Examined and traced to or recorded on the count sheet; or
    - (ii) If a computerized system is used, accounting personnel can trace the opening/closing table and marker inventory forms to the count sheet. Discrepancies shall be investigated with the findings documented and maintained for inspection.
  - (11) The count sheet shall be reconciled to the total drop by a count team member who shall not function as the sole recorder.
  - (12) All members of the count team shall sign the count document or a summary report to attest to their participation in the count.
  - (13) All drop proceeds and cash equivalents that were counted shall be turned over to the cage or vault cashier (who shall be independent of the count team) or to an authorized person/employee independent of the revenue generation and the count process for verification. Such person shall certify by signature as to the accuracy of the drop proceeds delivered and received.
  - (14) The count sheet, with all supporting documents, shall be delivered to the accounting department by a count team member or a person independent of the cashiers department. Alternatively, it may be adequately secured (e.g., locked container to which only accounting personnel can gain access) until retrieved by the accounting department.
  - (15) Access to stored, full table game drop boxes shall be restricted to authorized members of the drop and count teams.
- (e) **Gaming machine bill acceptor drop standards.**
  - (1) A minimum of three employees shall be involved in the removal of the gaming machine drop, at least one of who is independent of the gaming machine department.
  - (2) All bill acceptor canisters shall be removed only at the time previously designated by the gaming operation and reported to the Tribal gaming regulatory authority, except for emergency drops.
  - (3) Surveillance shall be notified when the drop is to begin so that surveillance may monitor the activities.
  - (4) The bill acceptor canisters shall be removed by a person independent of the gaming machine department then transported directly to the count room or other equivalently secure area with comparable controls and locked in a secure manner until the count takes place.
    - (i) Security shall be provided over the bill acceptor canisters removed from the gaming machines and awaiting transport to the count room.
    - (ii) The transporting of bill acceptor canisters shall be performed by a minimum of two persons, at least one of who is independent of the gaming machine department.
  - (5) All bill acceptor canisters shall be posted with a number corresponding to a permanent number on the gaming machine.
- (f) **Gaming machine bill acceptor count standards.**
  - (1) The gaming machine bill acceptor count shall be performed in a soft count room or other equivalently secure area with comparable controls.
  - (2) Access to the count room during the count shall be restricted to members of the drop and count teams, with the exception of authorized observers, supervisors for resolution of problems, and authorized maintenance personnel.
  - (3) If counts from various revenue centers occur simultaneously in the count room, procedures shall be in effect that prevent the commingling of funds from different revenue centers.
  - (4) The bill acceptor canisters shall be individually emptied and counted in such a manner to prevent the commingling of funds between canisters until the count of the canister has been recorded.
    - (i) The count of each canister shall be recorded in ink or other permanent form of recordation.
    - (ii) Corrections to information originally recorded by the count team on soft count documentation shall be made by drawing a single line through the error, writing the correct figure above the original figure, and then obtaining the initials of at least two count team members who verified the change.
  - (5) If currency counters are utilized and the count room table is used only to empty canisters and sort/stack contents, a count team member shall be able to observe the loading and unloading of all currency at the currency counter, including rejected currency.
  - (6) Canisters, when empty, shall be shown to another member of the count team, or to another person who is observing the count, or to surveillance, provided that the count is monitored in its entirety by a person independent of the count.
  - (7) The count sheet shall be reconciled to the total drop by a count team member who shall not function as the sole recorder.
  - (8) All members of the count team shall sign the count document or a summary report to attest to their participation in the count.
  - (9) All drop proceeds and cash equivalents that were counted shall be turned over to the cage or vault cashier (who shall be independent of the count team) or to an authorized person/employee independent of the revenue generation and the count process for verification. Such person shall certify by signature as to the accuracy of the drop proceeds delivered and received.
  - (10) The count sheet, with all supporting documents, shall be delivered to the accounting department by a count team member or a person independent of the cashiers department. Alternatively, it may be adequately secured (e.g., locked container to which only accounting personnel can gain access) until retrieved by the accounting department.
  - (11) Access to stored bill acceptor canisters, full or empty, shall be restricted to:
    - (i) Authorized members of the drop and count teams; and
    - (ii) **Authorized personnel in an emergency for the resolution of a problem.**
- (g) **Gaming machine coin drop standards.**
  - (1) A minimum of three employees shall be involved in the removal of the gaming machine drop, at least one of who is independent of the gaming machine department.
  - (2) All drop buckets shall be removed only at the time previously designated by the gaming operation and reported to the Tribal gaming regulatory authority, except for emergency drops.
  - (3) Surveillance shall be notified when the drop is to begin in order that surveillance may monitor the activities.
  - (4) Security shall be provided over the buckets removed from the gaming machine drop cabinets and awaiting transport to the count room.
  - (5) As each machine is opened, the contents shall be tagged with its respective machine number if the bucket is not permanently marked with the machine number. The contents shall be transported directly to the area designated for the counting of such drop proceeds. If more than one trip is required to remove the contents of the machines, the filled carts of coins shall be securely locked in the room designed for counting or in another equivalently secure area with comparable controls. There shall be a locked covering on any carts in which the drop route includes passage out of doors.
    - (i) Alternatively, a smart bucket system that electronically identifies and tracks the gaming machine number, and facilitates the proper recognition of gaming revenue, shall satisfy the requirements of this paragraph.
    - (ii) [Reserved]
  - (6) Each drop bucket in use shall be:
    - (i) Housed in a locked compartment separate from any other compartment of the gaming machine and keyed differently than other gaming machine compartments; and
    - (ii) **Identifiable to the gaming machine from which it is removed.** If the gaming machine is identified with a removable tag that is placed in the bucket, the tag shall be placed on top of the bucket when it is collected.
  - (7) Each gaming machine shall have drop buckets into which coins or tokens that are retained by the gaming machine are collected. Drop bucket contents shall not be used to make change or pay hand-paid payouts.
  - (8) The collection procedures may include procedures for dropping gaming machines that have trays instead of drop buckets.
- (h) **Hard count room personnel.**
  - (1) The weigh/count shall be performed by a minimum of three employees.
  - (2) At no time during the weigh/count shall there be fewer than three employees in the count room until the drop proceeds have been accepted into cage/vault accountability. Surveillance shall be notified whenever count room personnel exit or enter the count room during the count.
    - (i) If the gaming machine count is conducted with a continuous mechanical count meter that is not reset during the count and is verified in writing by at least three employees at the start and end of each denomination count, then one employee may perform the wrap.
    - (ii) [Reserved]
  - (3) Count team members shall be rotated on a routine basis such that the count team is not consistently the same three persons more than four (4) days per week. This standard shall not apply to gaming operations that utilize a count team of more than three persons.
  - (4) The count team shall be independent of transactions being reviewed and counted. The count team shall be independent of the cage/vault departments, unless they are non-supervisory gaming machine employees and perform the laborer function only (A non-supervisory gaming machine employee is defined as a person below the level of gaming machine shift supervisor). A cage cashier may be used if this person is not allowed to perform the recording function. An accounting representative may be used if there is an independent audit of all count documentation.
    - (i) **Gaming machine coin count and wrap standards.**
  - (1) Coins shall include tokens.
  - (2) The gaming machine coin count and wrap shall be performed in a count room or other equivalently secure area with comparable controls.
    - (i) Alternatively, an on-the-floor drop system utilizing a mobile scale shall satisfy the requirements of this paragraph, subject to the following conditions:
      - (A) The gaming operation shall utilize and maintain an effective on-line gaming machine monitoring system, as described in [§ 542.13(m)(3)](/cfr/25/542.13.md?p=m-3);
      - (B) Components of the on-the-floor drop system shall include, but not be limited to, a weigh scale, a laptop computer through which weigh/count applications are operated, a security camera available for the mobile scale system, and a VCR to be housed within the video compartment of the mobile scale. The system may include a mule cart used for mobile weigh scale system locomotion.
      - (C) The gaming operation must obtain the security camera available with the system, and this camera must be added in such a way as to eliminate tampering.
      - (D) Prior to the drop, the drop/count team shall ensure the scale batteries are charged;
      - (E) Prior to the drop, a videotape shall be inserted into the VCR used to record the drop in conjunction with the security camera system and the VCR shall be activated;
      - (F) The weigh scale test shall be performed prior to removing the unit from the hard count room for the start of the weigh/drop/count;
      - (G) Surveillance shall be notified when the weigh/drop/count begins and shall be capable of monitoring the entire process;
      - (H) An observer independent of the weigh/drop/count teams (independent observer) shall remain by the weigh scale at all times and shall observe the entire weigh/drop/count process;
      - (I) Physical custody of the key(s) needed to access the laptop and video compartment shall require the involvement of two persons, one of whom is independent of the drop and count team;
      - (J) The mule key (if applicable), the laptop and video compartment keys, and the remote control for the VCR shall be maintained by a department independent of the gaming machine department. The appropriate personnel shall sign out these keys;
      - (K) A person independent of the weigh/drop/count teams shall be required to accompany these keys while they are checked out, and observe each time the laptop compartment is opened;
      - (L) The laptop access panel shall not be opened outside the hard count room, except in instances when the laptop must be rebooted as a result of a crash, lock up, or other situation requiring immediate corrective action;
      - (M) User access to the system shall be limited to those employees required to have full or limited access to complete the weigh/drop/count; and
      - (N) When the weigh/drop/count is completed, the independent observer shall access the laptop compartment, end the recording session, eject the videotape, and deliver the videotape to surveillance.
    - (ii) [Reserved]
  - (3) Access to the count room during the count shall be restricted to members of the drop and count teams, with the exception of authorized observers, supervisors for resolution of problems, and authorized maintenance personnel.
  - (4) If counts from various revenue centers occur simultaneously in the count room, procedures shall be in effect that prevent the commingling of funds from different revenue centers.
  - (5) The following functions shall be performed in the counting of the gaming machine drop:
    - (i) Recorder function, which involves the recording of the gaming machine count; and
    - (ii) Count team supervisor function, which involves the control of the gaming machine weigh and wrap process. The supervisor shall not perform the initial recording of the weigh/count unless a weigh scale with a printer is used.
  - (6) The gaming machine drop shall be counted, wrapped, and reconciled in such a manner to prevent the commingling of gaming machine drop coin with coin (for each denomination) from the next gaming machine drop until the count of the gaming machine drop has been recorded. If the coins are not wrapped immediately after being weighed or counted, they shall be secured and not commingled with other coin.
    - (i) The amount of the gaming machine drop from each machine shall be recorded in ink or other permanent form of recordation on a gaming machine count document by the recorder or mechanically printed by the weigh scale.
    - (ii) Corrections to information originally recorded by the count team on gaming machine count documentation shall be made by drawing a single line through the error, writing the correct figure above the original figure, and then obtaining the initials of at least two count team members who verified the change.
      - (A) If a weigh scale interface is used, corrections to gaming machine count data shall be made using either of the following:

        (1) Drawing a single line through the error on the gaming machine document, writing the correct figure above the original figure, and then obtaining the initials of at least two count team employees. If this procedure is used, an employee independent of the gaming machine department and count team shall enter the correct figure into the computer system prior to the generation of related gaming machine reports; or

        (2) During the count process, correct the error in the computer system and enter the passwords of at least two count team employees. If this procedure is used, an exception report shall be generated by the computer system identifying the gaming machine number, the error, the correction, and the count team employees attesting to the correction.

      - (B) [Reserved]
  - (7) If applicable, the weight shall be converted to dollar amounts before the reconciliation of the weigh to the wrap.
  - (8) If a coin meter is used, a count team member shall convert the coin count for each denomination into dollars and shall enter the results on a summary sheet.
  - (9) The recorder and at least one other count team member shall sign the weigh tape and the gaming machine count document attesting to the accuracy of the weigh/count.
  - (10) All members of the count team shall sign the count document or a summary report to attest to their participation in the count.
  - (11) All drop proceeds and cash equivalents that were counted shall be turned over to the cage or vault cashier (who shall be independent of the count team) or to an authorized person/employee independent of the revenue generation and the count process for verification. Such person shall certify by signature as to the accuracy of the drop proceeds delivered and received.
  - (12) All gaming machine count and wrap documentation, including any applicable computer storage media, shall be delivered to the accounting department by a count team member or a person independent of the cashier's department. Alternatively, it may be adequately secured (e.g., locked container to which only accounting personnel can gain access) until retrieved by the accounting department.
  - (13) If the coins are transported off the property, a second (alternative) count procedure shall be performed before the coins leave the property. Any variances shall be documented.
  - (14) **Variances.** Large (by denomination, either $1,000 or 2% of the drop, whichever is less) or unusual (e.g., zero for weigh/count or patterned for all counts) variances between the weigh/count and wrap shall be investigated by management personnel independent of the gaming machine department, count team, and the cage/vault functions on a timely basis. The results of such investigation shall be documented, maintained for inspection, and provided to the Tribal gaming regulatory authority upon request.
- (j) **Security of the count room inventory during the gaming machine coin count and wrap.**
  - (1) If the count room serves as a coin room and coin room inventory is not secured so as to preclude access by the count team, then the following standards shall apply:
    - (i) At the commencement of the gaming machine count the following requirements shall be met:
      - (A) The coin room inventory shall be counted by at least two employees, one of whom is a member of the count team and the other is independent of the weigh/count and wrap procedures;
      - (B) The count in [paragraph (j)(1)(i)(A)](#j-1-i-A) of this section shall be recorded on an appropriate inventory form;
    - (ii) **Upon completion of the wrap of the gaming machine drop—**
      - (A) At least two members of the count team (wrap team), independently from each other, shall count the ending coin room inventory;
      - (B) The counts in [paragraph (j)(1)(ii)(A)](#j-1-ii-A) of this section shall be recorded on a summary report(s) that evidences the calculation of the final wrap by subtracting the beginning inventory from the sum of the ending inventory and transfers in and out of the coin room;
      - (C) The same count team members shall compare the calculated wrap to the weigh/count, recording the comparison and noting any variances on the summary report;
      - (D) A member of the cage/vault department shall count the ending coin room inventory by denomination and shall reconcile it to the beginning inventory, wrap, transfers, and weigh/count; and
      - (E) At the conclusion of the reconciliation, at least two count/wrap team members and the verifying employee shall sign the summary report(s) attesting to its accuracy.
  - (2) If the count room is segregated from the coin room, or if the coin room is used as a count room and the coin room inventory is secured to preclude access by the count team, all of the following requirements shall be completed, at the conclusion of the count:
    - (i) At least two members of the count/wrap team shall count the final wrapped gaming machine drop independently from each other;
    - (ii) The counts shall be recorded on a summary report;
    - (iii) The same count team members (or the accounting department) shall compare the final wrap to the weigh/count, recording the comparison and noting any variances on the summary report;
    - (iv) A member of the cage/vault department shall count the wrapped gaming machine drop by denomination and reconcile it to the weigh/count;
    - (v) At the conclusion of the reconciliation, at least two count team members and the cage/vault employee shall sign the summary report attesting to its accuracy; and
    - (vi) The wrapped coins (exclusive of proper transfers) shall be transported to the cage, vault or coin vault after the reconciliation of the weigh/count to the wrap.
- (k) **Transfers during the gaming machine coin count and wrap.**
  - (1) Transfers may be permitted during the count and wrap only if permitted under the internal control standards approved by the Tribal gaming regulatory authority.
  - (2) Each transfer shall be recorded on a separate multi-part form with a preprinted or concurrently-printed form number (used solely for gaming machine count transfers) that shall be subsequently reconciled by the accounting department to ensure the accuracy of the reconciled gaming machine drop.
  - (3) Each transfer must be counted and signed for by at least two members of the count team and by a person independent of the count team who is responsible for authorizing the transfer.
- (l) **Gaming machine drop key control standards.**
  - (1) Gaming machine coin drop cabinet keys, including duplicates, shall be maintained by a department independent of the gaming machine department.
  - (2) The physical custody of the keys needed to access gaming machine coin drop cabinets, including duplicates, shall require the involvement of two persons, one of whom is independent of the gaming machine department.
  - (3) Two employees (separate from key custodian) shall be required to accompany such keys while checked out and observe each time gaming machine drop cabinets are accessed, unless surveillance is notified each time keys are checked out and surveillance observes the person throughout the period the keys are checked out.
- (m) **Table game drop box key control standards.**
  - (1) Procedures shall be developed and implemented to insure that unauthorized access to empty table game drop boxes shall not occur from the time the boxes leave the storage racks until they are placed on the tables.
  - (2) The involvement of at least two persons independent of the cage department shall be required to access stored empty table game drop boxes.
  - (3) The release keys shall be separately keyed from the contents keys.
  - (4) At least three (two for table game drop box keys in operations with three tables or fewer) count team members are required to be present at the time count room and other count keys are issued for the count.
  - (5) All duplicate keys shall be maintained in a manner that provides the same degree of control as is required for the original keys. Records shall be maintained for each key duplicated that indicate the number of keys made and destroyed.
  - (6) Logs shall be maintained by the custodian of sensitive keys to document authorization of personnel accessing keys.
- (n) **Table game drop box release keys.**
  - (1) The table game drop box release keys shall be maintained by a department independent of the pit department.
  - (2) Only the person(s) authorized to remove table game drop boxes from the tables shall be allowed access to the table game drop box release keys; however, the count team members may have access to the release keys during the soft count in order to reset the table game drop boxes.
  - (3) Persons authorized to remove the table game drop boxes shall be precluded from having simultaneous access to the table game drop box contents keys and release keys.
  - (4) For situations requiring access to a table game drop box at a time other than the scheduled drop, the date, time, and signature of employee signing out/in the release key must be documented.
- (o) **Bill acceptor canister release keys.**
  - (1) The bill acceptor canister release keys shall be maintained by a department independent of the gaming machine department.
  - (2) Only the person(s) authorized to remove bill acceptor canisters from the gaming machines shall be allowed access to the release keys.
  - (3) Persons authorized to remove the bill acceptor canisters shall be precluded from having simultaneous access to the bill acceptor canister contents keys and release keys.
  - (4) For situations requiring access to a bill acceptor canister at a time other than the scheduled drop, the date, time, and signature of employee signing out/in the release key must be documented.
- (p) **Table game drop box storage rack keys.**
  - (1) A person independent of the pit department shall be required to accompany the table game drop box storage rack keys and observe each time table game drop boxes are removed from or placed in storage racks.
  - (2) Persons authorized to obtain table game drop box storage rack keys shall be precluded from having simultaneous access to table game drop box contents keys with the exception of the count team.
- (q) **Bill acceptor canister storage rack keys.**
  - (1) A person independent of the gaming machine department shall be required to accompany the bill acceptor canister storage rack keys and observe each time canisters are removed from or placed in storage racks.
  - (2) Persons authorized to obtain bill acceptor canister storage rack keys shall be precluded from having simultaneous access to bill acceptor canister contents keys with the exception of the count team.
- (r) **Table game drop box contents keys.**
  - (1) The physical custody of the keys needed for accessing stored, full table game drop box contents shall require the involvement of persons from at least two separate departments, with the exception of the count team.
  - (2) Access to the table game drop box contents key at other than scheduled count times shall require the involvement of at least three persons from separate departments, including management. The reason for access shall be documented with the signatures of all participants and observers.
  - (3) Only count team members shall be allowed access to table game drop box content keys during the count process.
- (s) **Bill acceptor canister contents keys.**
  - (1) The physical custody of the keys needed for accessing stored, full bill acceptor canister contents shall require involvement of persons from two separate departments, with the exception of the count team.
  - (2) Access to the bill acceptor canister contents key at other than scheduled count times shall require the involvement of at least three persons from separate departments, one of whom must be a supervisor. The reason for access shall be documented with the signatures of all participants and observers.
  - (3) Only the count team members shall be allowed access to bill acceptor canister contents keys during the count process.
- (t) **Gaming machine computerized key security systems.**
  - (1) Computerized key security systems which restrict access to the gaming machine drop and count keys through the use of passwords, keys or other means, other than a key custodian, must provide the same degree of control as indicated in the aforementioned key control standards; refer to paragraphs [(l)](#l), [(o)](#o), [(q)](#q) and [(s)](#s) of this section. Note: This standard does not apply to the system administrator. The system administrator is defined in [paragraph (t)(2)(i)](#t-2-i) of this section.
  - (2) For computerized key security systems, the following additional gaming machine key control procedures apply:
    - (i) Management personnel independent of the gaming machine department assign and control user access to keys in the computerized key security system (i.e., system administrator) to ensure that gaming machine drop and count keys are restricted to authorized employees.
    - (ii) In the event of an emergency or the key box is inoperable, access to the emergency manual key(s) (a.k.a. override key), used to access the box containing the gaming machine drop and count keys, requires the physical involvement of at least three persons from separate departments, including management. The date, time, and reason for access, must be documented with the signatures of all participating employees signing out/in the emergency manual key(s).
    - (iii) The custody of the keys issued pursuant to [paragraph (t)(2)(ii)](#t-2-ii) of this section requires the presence of two persons from separate departments from the time of their issuance until the time of their return.
    - (iv) Routine physical maintenance that requires accessing the emergency manual key(s) (override key) and does not involve the accessing of the gaming machine drop and count keys, only requires the presence of two persons from separate departments. The date, time and reason for access must be documented with the signatures of all participating employees signing out/in the emergency manual key(s).
  - (3) For computerized key security systems controlling access to gaming machine drop and count keys, accounting/audit personnel, independent of the system administrator, will perform the following procedures:
    - (i) Daily, review the report generated by the computerized key security system indicating the transactions performed by the individual(s) that adds, deletes, and changes user's access within the system (i.e., system administrator). Determine whether the transactions completed by the system administrator provide an adequate control over the access to the gaming machine drop and count keys. Also, determine whether any gaming machine drop and count key(s) removed or returned to the key cabinet by the system administrator was properly authorized.
    - (ii) For at least one day each month, review the report generated by the computerized key security system indicating all transactions performed to determine whether any unusual gaming machine drop and count key removals or key returns occurred.
    - (iii) At least quarterly, review a sample of users that are assigned access to the gaming machine drop and count keys to determine that their access to the assigned keys is adequate relative to their job position.
    - (iv) **All noted improper transactions or unusual occurrences are investigated with the results documented.**
  - (4) Quarterly, an inventory of all count room, drop box release, storage rack and contents keys is performed, and reconciled to records of keys made, issued, and destroyed. Investigations are performed for all keys unaccounted for, with the investigation being documented.
- (u) **Table games computerized key security systems.**
  - (1) Computerized key security systems which restrict access to the table game drop and count keys through the use of passwords, keys or other means, other than a key custodian, must provide the same degree of control as indicated in the aforementioned key control standards; refer to paragraphs [(m)](#m), [(n)](#n), [(p)](#p) and [(r)](#r) of this section. Note: This standard does not apply to the system administrator. The system administrator is defined in [paragraph (u)(2)(ii)](#u-2-ii) of this section.
  - (2) For computerized key security systems, the following additional table game key control procedures apply:
    - (i) Management personnel independent of the table game department assign and control user access to keys in the computerized key security system (i.e., system administrator) to ensure that table game drop and count keys are restricted to authorized employees.
    - (ii) In the event of an emergency or the key box is inoperable, access to the emergency manual key(s) (a.k.a. override key), used to access the box containing the table game drop and count keys, requires the physical involvement of at least three persons from separate departments, including management. The date, time, and reason for access, must be documented with the signatures of all participating employees signing out/in the emergency manual key(s).
    - (iii) The custody of the keys issued pursuant to [paragraph (u)(2)(ii)](#u-2-ii) of this section requires the presence of two persons from separate departments from the time of their issuance until the time of their return.
    - (iv) Routine physical maintenance that requires accessing the emergency manual key(s) override key) and does not involve the accessing of the table games drop and count keys, only requires the presence of two persons from separate departments. The date, time and reason for access must be documented with the signatures of all participating employees signing out/in the emergency manual key(s).
  - (3) For computerized key security systems controlling access to table games drop and count keys, accounting/audit personnel, independent of the system administrator, will perform the following procedures:
    - (i) Daily, review the report generated by the computerized key security system indicating the transactions performed by the individual(s) that adds, deletes, and changes user's access within the system (i.e., system administrator). Determine whether the transactions completed by the system administrator provide an adequate control over the access to the table games drop and count keys. Also, determine whether any table games drop and count key(s) removed or returned to the key cabinet by the system administrator was properly authorized.
    - (ii) For at least one day each month, review the report generated by the computerized key security system indicating all transactions performed to determine whether any unusual table games drop and count key removals or key returns occurred.
    - (iii) At least quarterly, review a sample of users that are assigned access to the table games drop and count keys to determine that their access to the assigned keys is adequate relative to their job position.
    - (iv) **All noted improper transactions or unusual occurrences are investigated with the results documented.**
  - (4) Quarterly, an inventory of all count room, table game drop box release, storage rack and contents keys is performed, and reconciled to records of keys made, issued, and destroyed. Investigations are performed for all keys unaccounted for, with the investigations being documented.
- (v) **Emergency drop procedures.** Emergency drop procedures shall be developed by the Tribal gaming regulatory authority, or the gaming operation as approved by the Tribal gaming regulatory authority.
- (w) **Equipment standards for gaming machine count.**
  - (1) A weigh scale calibration module shall be secured so as to prevent unauthorized access (e.g., prenumbered seal, lock and key, etc.).
  - (2) A person independent of the cage, vault, gaming machine, and count team functions shall be required to be present whenever the calibration module is accessed. Such access shall be documented and maintained.
  - (3) If a weigh scale interface is used, it shall be adequately restricted so as to prevent unauthorized access (passwords, keys, etc.).
  - (4) If the weigh scale has a zero adjustment mechanism, it shall be physically limited to minor adjustments (e.g., weight of a bucket) or physically situated such that any unnecessary adjustments to it during the weigh process would be observed by other count team members.
  - (5) The weigh scale and weigh scale interface (if applicable) shall be tested by a person or persons independent of the cage, vault, and gaming machine departments and count team at least quarterly. At least annually, this test shall be performed by internal audit in accordance with the internal audit standards. The result of these tests shall be documented and signed by the person or persons performing the test.
  - (6) Prior to the gaming machine count, at least two employees shall verify the accuracy of the weigh scale with varying weights or with varying amounts of previously counted coin for each denomination to ensure the scale is properly calibrated (varying weights/coin from drop to drop is acceptable).
  - (7) If a mechanical coin counter is used (instead of a weigh scale), the Tribal gaming regulatory authority, or the gaming operation as approved by the Tribal gaming regulatory authority, shall establish and the gaming operation shall comply with procedures that are equivalent to those described in paragraphs [(u)(4)](#u-4), (u)(5), and (u)(6) of this section.
  - (8) If a coin meter count machine is used, the count team member shall record the machine number denomination and number of coins in ink on a source document, unless the meter machine automatically records such information.
    - (i) A count team member shall test the coin meter count machine before the actual count to ascertain if the metering device is functioning properly with a predetermined number of coins for each denomination.
    - (ii) [Reserved]

# §542.42. What are the minimum internal control standards for internal audit for Tier C gaming operations?

- (a) **Internal audit personnel.**
  - (1) For Tier C gaming operations, a separate internal audit department shall be maintained whose primary function is performing internal audit work and that is independent with respect to the departments subject to audit.
  - (2) The internal audit personnel shall report directly to the Tribe, Tribal gaming regulatory authority, audit committee, or other entity designated by the Tribe in accordance with the definition of internal audit in [§ 542.2](/cfr/25/542.2.md).
- (b) **Audits.**
  - (1) Internal audit personnel shall perform audits of all major gaming areas of the gaming operation. The following shall be reviewed at least annually:
    - (i) Bingo, including but not limited to, bingo card control, payout procedures, and cash reconciliation process;
    - (ii) Pull tabs, including but not limited to, statistical records, winner verification, perpetual inventory, and accountability of sales versus inventory;
    - (iii) Card games, including but not limited to, card games operation, cash exchange procedures, shill transactions, and count procedures;
    - (iv) Keno, including but not limited to, game write and payout procedures, sensitive key location and control, and a review of keno auditing procedures;
    - (v) Pari-mutual wagering, including write and payout procedures, and pari-mutual auditing procedures;
    - (vi) Table games, including but not limited to, fill and credit procedures, pit credit play procedures, rim credit procedures, soft drop/count procedures and the subsequent transfer of funds, unannounced testing of count room currency counters and/or currency interface, location and control over sensitive keys, the tracing of source documents to summarized documentation and accounting records, and reconciliation to restricted copies;
    - (vii) Gaming machines, including but not limited to, jackpot payout and gaming machine fill procedures, gaming machine drop/count and bill acceptor drop/count and subsequent transfer of funds, unannounced testing of weigh scale and weigh scale interface, unannounced testing of count room currency counters and/or currency interface, gaming machine drop cabinet access, tracing of source documents to summarized documentation and accounting records, reconciliation to restricted copies, location and control over sensitive keys, compliance with EPROM duplication procedures, and compliance with MICS procedures for gaming machines that accept currency or coin(s) and issue cash-out tickets or gaming machines that do not accept currency or coin(s) and do not return currency or coin(s);
    - (viii) Cage and credit procedures including all cage, credit, and collection procedures, and the reconciliation of trial balances to physical instruments on a sample basis. Cage accountability shall be reconciled to the general ledger;
    - (ix) Information technology functions, including review for compliance with information technology standards;
    - (x) Complimentary service or item, including but not limited to, procedures whereby complimentary service items are issued, authorized, and redeemed; and
    - (xi) Any other internal audits as required by the Tribe, Tribal gaming regulatory authority, audit committee, or other entity designated by the Tribe.
  - (2) In addition to the observation and examinations performed under [paragraph (b)(1)](#b-1) of this section, follow-up observations and examinations shall be performed to verify that corrective action has been taken regarding all instances of noncompliance cited by internal audit, the independent accountant, and/or the Commission. The verification shall be performed within six (6) months following the date of notification.
  - (3) Whenever possible, internal audit observations shall be performed on an unannounced basis (i.e., without the employees being forewarned that their activities will be observed). Additionally, if the independent accountant also performs the internal audit function, the accountant shall perform separate observations of the table games/gaming machine drops and counts to satisfy the internal audit observation requirements and independent accountant tests of controls as required by the American Institute of Certified Public Accountants guide.
- (c) **Documentation.**
  - (1) Documentation (e.g., checklists, programs, reports, etc.) shall be prepared to evidence all internal audit work performed as it relates to the requirements in this section, including all instances of noncompliance.
  - (2) The internal audit department shall operate with audit programs, which, at a minimum, address the MICS. Additionally, the department shall properly document the work performed, the conclusions reached, and the resolution of all exceptions. Institute of Internal Auditors standards are recommended but not required.
- (d) **Reports.**
  - (1) Reports documenting audits performed shall be maintained and made available to the Commission upon request.
  - (2) Such audit reports shall include the following information:
    - (i) Audit objectives;
    - (ii) Audit procedures and scope;
    - (iii) Findings and conclusions;
    - (iv) Recommendations, if applicable; and
    - (v) **Management's response.**
- (e) **Material exceptions.** All material exceptions resulting from internal audit work shall be investigated and resolved with the results of such being documented and retained for five years.
- (f) **Role of management.**
  - (1) Internal audit findings shall be reported to management.
  - (2) Management shall be required to respond to internal audit findings stating corrective measures to be taken to avoid recurrence of the audit exception.
  - (3) Such management responses shall be included in the internal audit report that will be delivered to management, the Tribe, Tribal gaming regulatory authority, audit committee, or other entity designated by the Tribe.
- (g) **Internal Audit Guidelines.** In connection with the internal audit testing pursuant to [paragraph (b)(1)](#b-1) of this section, the Commission shall develop recommended Internal Audit Guidelines, which shall be available upon request.

# §542.43. What are the minimum internal control standards for surveillance for a Tier C gaming operation?

- (a) The surveillance system shall be maintained and operated from a staffed surveillance room and shall provide surveillance over gaming areas.
- (b) The entrance to the surveillance room shall be located so that it is not readily accessible by either gaming operation employees who work primarily on the casino floor, or the general public.
- (c) Access to the surveillance room shall be limited to surveillance personnel, designated employees, and other persons authorized in accordance with the surveillance department policy. Such policy shall be approved by the Tribal gaming regulatory authority. The surveillance department shall maintain a sign-in log of other authorized persons entering the surveillance room.
- (d) Surveillance room equipment shall have total override capability over all other satellite surveillance equipment located outside the surveillance room.
- (e) In the event of power loss to the surveillance system, an auxiliary or backup power source shall be available and capable of providing immediate restoration of power to all elements of the surveillance system that enable surveillance personnel to observe the table games remaining open for play and all areas covered by dedicated cameras. Auxiliary or backup power sources such as a UPS System, backup generator, or an alternate utility supplier, satisfy this requirement.
- (f) The surveillance system shall include date and time generators that possess the capability to display the date and time of recorded events on video and/or digital recordings. The displayed date and time shall not significantly obstruct the recorded view.
- (g) The surveillance department shall strive to ensure staff is trained in the use of the equipment, knowledge of the games, and house rules.
- (h) Each camera required by the standards in this section shall be installed in a manner that will prevent it from being readily obstructed, tampered with, or disabled by customers or employees.
- (i) Each camera required by the standards in this section shall possess the capability of having its picture displayed on a monitor and recorded. The surveillance system shall include sufficient numbers of monitors and recorders to simultaneously display and record multiple gaming and count room activities, and record the views of all dedicated cameras and motion activated dedicated cameras.
- (j) Reasonable effort shall be made to repair each malfunction of surveillance system equipment required by the standards in this section within seventy-two (72) hours after the malfunction is discovered. The Tribal gaming regulatory authority shall be notified of any camera(s) that has malfunctioned for more than twenty-four (24) hours.
  - (1) In the event of a dedicated camera malfunction, the gaming operation and/or the surveillance department shall immediately provide alternative camera coverage or other security measures, such as additional supervisory or security personnel, to protect the subject activity.
  - (2) [Reserved]
- (k) **Bingo.**
  - (1) The surveillance system shall possess the capability to monitor the bingo ball drawing device or random number generator, which shall be recorded during the course of the draw by a dedicated camera with sufficient clarity to identify the balls drawn or numbers selected.
  - (2) The surveillance system shall monitor and record the game board and the activities of the employees responsible for drawing, calling, and entering the balls drawn or numbers selected.
- (l) **Card games.** The surveillance system shall monitor and record general activities in each card room with sufficient clarity to identify the employees performing the different functions.
- (m) **Progressive card games.**
  - (1) Progressive card games with a progressive jackpot of $25,000 or more shall be monitored and recorded by dedicated cameras that provide coverage of:
    - (i) The table surface, sufficient that the card values and card suits can be clearly identified;
    - (ii) An overall view of the entire table with sufficient clarity to identify customers and dealer; and
    - (iii) **A view of the posted jackpot amount.**
  - (2) [Reserved]
- (n) **Keno.**
  - (1) The surveillance system shall possess the capability to monitor the keno ball-drawing device or random number generator, which shall be recorded during the course of the draw by a dedicated camera with sufficient clarity to identify the balls drawn or numbers selected.
  - (2) The surveillance system shall monitor and record general activities in each keno game area with sufficient clarity to identify the employees performing the different functions.
- (o) **Pari-mutuel.** The surveillance system shall monitor and record general activities in the pari-mutuel area, to include the ticket writer and cashier areas, with sufficient clarity to identify the employees performing the different functions.
- (p) **Table games—**
  - (1) **Operations with four (4) or more table games.** Except as otherwise provided in paragraphs [(p)(3)](#p-3), [(p)(4)](#p-4), and [(p)(5)](#p-5) of this section, the surveillance system of gaming operations operating four (4) or more table games shall provide at a minimum one (1) pan-tilt-zoom camera per two (2) tables and surveillance must be capable of taping:
    - (i) With sufficient clarity to identify customers and dealers; and
    - (ii) With sufficient coverage and clarity to simultaneously view the table bank and determine the configuration of wagers, card values, and game outcome.
    - (iii) One (1) dedicated camera per table and one (1) pan-tilt-zoom camera per four (4) tables may be an acceptable alternative procedure to satisfy the requirements of this paragraph.
  - (2) **Operations with three (3) or fewer table games.** The surveillance system of gaming operations operating three (3) or fewer table games shall:
    - (i) Comply with the requirements of [paragraph (p)(1)](#p-1) of this section; or
    - (ii) **Have one (1) overhead camera at each table.**
  - (3) **Craps.** All craps tables shall have two (2) dedicated cross view cameras covering both ends of the table.
  - (4) **Roulette.** All roulette areas shall have one (1) overhead dedicated camera covering the roulette wheel and shall also have one (1) dedicated camera covering the play of the table.
  - (5) **Big wheel.** All big wheel games shall have one (1) dedicated camera viewing the wheel.
- (q) **Progressive table games.**
  - (1) Progressive table games with a progressive jackpot of $25,000 or more shall be monitored and recorded by dedicated cameras that provide coverage of:
    - (i) The table surface, sufficient that the card values and card suits can be clearly identified;
    - (ii) An overall view of the entire table with sufficient clarity to identify customers and dealer; and
    - (iii) **A view of the progressive meter jackpot amount.** If several tables are linked to the same progressive jackpot meter, only one meter need be recorded.
  - (2) [Reserved]
- (r) **Gaming machines.**
  - (1) Except as otherwise provided in paragraphs [(r)(2)](#r-2) and [(r)(3)](#r-3) of this section, gaming machines offering a payout of more than $250,000 shall be monitored and recorded by a dedicated camera(s) to provide coverage of:
    - (i) All customers and employees at the gaming machine, and
    - (ii) The face of the gaming machine, with sufficient clarity to identify the payout line(s) of the gaming machine.
  - (2) **In-house progressive machine.** In-house progressive gaming machines offering a base payout amount (jackpot reset amount) of more than $100,000 shall be monitored and recorded by a dedicated camera(s) to provide coverage of:
    - (i) All customers and employees at the gaming machine; and
    - (ii) The face of the gaming machine, with sufficient clarity to identify the payout line(s) of the gaming machine.
  - (3) **Wide-area progressive machine.** Wide-area progressive gaming machines offering a base payout amount of $1 million or more and monitored by an independent vendor utilizing an on-line progressive computer system shall be recorded by a dedicated camera(s) to provide coverage of:
    - (i) All customers and employees at the gaming machine; and
    - (ii) The face of the gaming machine, with sufficient clarity to identify the payout line(s) of the gaming machine.
  - (4) Notwithstanding [paragraph (r)(1)](#r-1) of this section, if the gaming machine is a multi-game machine, the Tribal gaming regulatory authority, or the gaming operation subject to the approval of the Tribal gaming regulatory authority, may develop and implement alternative procedures to verify payouts.
- (s) **Cage and vault.**
  - (1) The surveillance system shall monitor and record a general overview of activities occurring in each cage and vault area with sufficient clarity to identify employees within the cage and customers and employees at the counter areas.
  - (2) Each cashier station shall be equipped with one (1) dedicated overhead camera covering the transaction area.
  - (3) The surveillance system shall provide an overview of cash transactions. This overview should include the customer, the employee, and the surrounding area.
- (t) **Fills and credits.**
  - (1) The cage or vault area in which fills and credits are transacted shall be monitored and recorded by a dedicated camera or motion activated dedicated camera that provides coverage with sufficient clarity to identify the chip values and the amounts on the fill and credit slips.
  - (2) Controls provided by a computerized fill and credit system maybe deemed an adequate alternative to viewing the fill and credit slips.
- (u) **Currency and coin.**
  - (1) The surveillance system shall monitor and record with sufficient clarity all areas where currency or coin may be stored or counted.
  - (2) Audio capability of the soft count room shall also be maintained.
  - (3) The surveillance system shall provide for:
    - (i) Coverage of scales shall be sufficiently clear to view any attempted manipulation of the recorded data.
    - (ii) Monitoring and recording of the table game drop box storage rack or area by either a dedicated camera or a motion-detector activated camera.
    - (iii) Monitoring and recording of all areas where coin may be stored or counted, including the hard count room, all doors to the hard count room, all scales and wrapping machines, and all areas where uncounted coin may be stored during the drop and count process.
    - (iv) Monitoring and recording of soft count room, including all doors to the room, all table game drop boxes, safes, and counting surfaces, and all count team personnel. The counting surface area must be continuously monitored and recorded by a dedicated camera during the soft count.
- (v) Monitoring and recording of all areas where currency is sorted, stacked, counted, verified, or stored during the soft count process.
- (v) **Change booths.** The surveillance system shall monitor and record a general overview of the activities occurring in each gaming machine change booth.
- (w) **Video recording and/or digital record retention.**
  - (1) All video recordings and/or digital records of coverage provided by the dedicated cameras or motion-activated dedicated cameras required by the standards in this section shall be retained for a minimum of seven (7) days.
  - (2) Recordings involving suspected or confirmed gaming crimes, unlawful activity, or detentions by security personnel, must be retained for a minimum of thirty (30) days.
  - (3) Duly authenticated copies of video recordings and/or digital records shall be provided to the Commission upon request.
- (x) **Video library log.** A video library log, or comparable alternative procedure approved by the Tribal gaming regulatory authority, shall be maintained to demonstrate compliance with the storage, identification, and retention standards required in this section.
- (y) **Malfunction and repair log.**
  - (1) Surveillance personnel shall maintain a log or alternative procedure approved by the Tribal gaming regulatory authority that documents each malfunction and repair of the surveillance system as defined in this section.
  - (2) The log shall state the time, date, and nature of each malfunction, the efforts expended to repair the malfunction, and the date of each effort, the reasons for any delays in repairing the malfunction, the date the malfunction is repaired, and where applicable, any alternative security measures that were taken.
- (z) **Surveillance log.**
  - (1) Surveillance personnel shall maintain a log of all surveillance activities.
  - (2) Such log shall be maintained by surveillance room personnel and shall be stored securely within the surveillance department.
  - (3) At a minimum, the following information shall be recorded in a surveillance log:
    - (i) Date;
    - (ii) Time commenced and terminated;
    - (iii) Activity observed or performed; and
    - (iv) The name or license credential number of each person who initiates, performs, or supervises the surveillance.
  - (4) Surveillance personnel shall also record a summary of the results of the surveillance of any suspicious activity. This summary may be maintained in a separate log.