BASIS AND PURPOSE FOR AMENDMENTS TO RULE 3
The purpose of Rule 3 is to establish investigation fees for certain applicants. The statutory basis for Rule 3 is found in sections 12-47.1-201, C.R.S., 12-47.1-203, C.R.S., and 12-47.1-302, C.R.S.
RULE 3  	APPLICATIONS, INVESTIGATIONS AND LICENSURE
47.1-305  Investigation fees.
(1)	All applicants for licenses, except support licenses, shall pay the costs of investigations into their backgrounds, suitability, and qualifications for licensure.
(a)	The cost of such investigations shall be at the rate of $59.00 $63.00 per hour for each hour spent by investigators of the Division, the Colorado Bureau of Investigation, or the Department of Revenue investigating the applicants until the conclusion of the investigation. 
 (b)	All such applicants shall also pay the Division for the following actual costs incurred in conducting the background investigations: transportation; lodging; meals, and other expenses associated with traveling; significant office expense document reproduction costs preparation time, time necessary for administration of the investigation (including additional staffing on a temporary basis), and other similar expenses incurred until the conclusion of the investigation.
(c)	An investigation concludes upon the issuance by the Commission of an initial order concerning the issuance or denial of the license, upon the issuance by either the Commission or the Division of an order approving the withdrawal of the application, or upon the issuance by the Division of an order of denial of the license which is not appealed to the Commission.
(2)	Before any such investigations are conducted, each applicant shall pay a deposit by check made out to the Colorado Division of Gaming to the gaming fund as follows:
(a)	For each Type 1 original applicant, the deposit shall be $5,000.00. For purposes of the deposit requirement, a Type 1 Applicant consists of either a single person, or an organization where the total number of all officers, directors, general partners, and 5% or more stockholders or equity owners totals 6 or less. In addition, all the aforementioned persons must reside in Colorado.
(b)	For each Type 2 original applicant, the deposit shall be $10,000.00. Type 2 Applicants consist of all applicants other than Type 1 Applicants.
(c)	For each person who applies for a key employee license, and who is not an officer, director, general partner or 5% equity owner of an applicant, the deposit shall be $1,000.00.
(d)	For each officer, director, general partner or 5% equity owner of an applicant who applies for suitability separate from the original application or a change of ownership application, the deposit shall be $1,000.00.
(e)	For each change of ownership application involving more than an aggregate 5% effective ownership change, the deposit shall be $2,500.00. (47.1-305 amended perm. 10/30/99)
(3)	As expenses are incurred, the Division shall draw upon the respective deposits in the gaming fund. Upon request, a statement of costs, draws upon deposit, and deposit balance shall be sent to the applicant making the request.
(4)	When a deposit balance approaches zero dollars, or is forecasted to reach zero dollars due to anticipated or known expenses which will be incurred in the future, the Division may request a further deposit of an amount sufficient to cover the anticipated expenses and which will prevent the account balance from becoming negative. Until receipt of such further deposit, investigation of the application may cease.
(5)	Where an applicant disputes any investigative charges, or the necessity for further deposits, the applicant may request relief from the Commission, by declaratory order or other appropriate motion, regarding the matters in dispute.
(6)	No license shall be issued until payment for the full amount of any negative deposit balance has been received from the applicant.
(7)	Within ninety days of the conclusion of the investigation, any deposit balance shall be returned to the applicant. A statement of costs, draws upon deposit, and deposit balance shall accompany the return of the deposit balance to the Applicant.
BASIS AND PURPOSE FOR AMENDMENTS TO RULE 10
The purpose of amendments to Rule 10 is to amend playing rules for the authorized poker game, Boston 5 Stud Poker. The statutory basis for amendments to Rule 10 is found in sections 12-47.1-201, C.R.S., 12-7.1-203, C.R.S., and 12-47.1-302, C.R.S.
RULE 10  RULES FOR POKER
47.1-1017.34 The Play – Boston 5 Stud Poker. Boston 5 Stud Poker is a patented -pending poker variation game, the rights to which on July 1, 2001 were owned by John Feola, doing business as New Vision Gaming of north readingMedford, Massachusetts, and which may be transferred or assigned. Boston 5 Stud Poker must be played according to the following rules: 
(1)	Boston 5 Stud Poker may be played only on tables displaying the Boston 5 Stud Poker table layout. A single deck of fifty-two cards will be used. The object of the game is for each player to both get a better five card poker hand than the dealer’s hand, and to get a five card hand qualifying for payment according to an optional Ante bbonus pay schedule. With the three card an ooptional bonus betwager, the object is for the player to get a three card hand qualifying for payment according to a the Option Bbonus pay schedule. Players may play only one hand of cards with each shuffle of the deck. 
(2) 	Table limits shall be posted at the table.  Prior to any cards being dealt, Before receiving any cards, each player must place a wager not to exceed five dollars in the circle marked 1st Wager.  Also at this time, a player may place a bet on either, or both, of two optional bets:  the Ante Bonus bet and/or the three card Optional Bonus bet.  A player who places an Ante Bonus bet in the “Ante Bonus” betting circle will be eligible for an award as listed in the Ante Bonus pay out schedule.  The Ante Bonus bet will be half of the 1st Wager amount.  A player who places a three card Optional Bonus bet in the “Optional bonus” betting circle will be eligible for an award as listed on the three card Optional Bonus payout schedule.  in the “Ante” circle in front of the player’s position, and an additional wager in an amount equal to twice the Ante in the “1st Wager” circle in front of the player’s position. The amount of each Ante shall be within the table limit range to be determined by the retail licensee; however, the aggregate of the ante and first wager shall not exceed five dollars. Table limits shall be posted at the table, except that if the retail licensee does not require the Ante wager to be in any minimum amount, no notice is required. Each player may place an additional, optional, three card bonus wager in the “Optional Bonus” wagering circle. The three card Optional Bonus wager may not be placed unless Ante and 1st Wagers have been placed. The three card Optional Bonus bet wager may be made in any whole dollar amount between one and five dollars. (amended perm. 6/30/04) 
 (3) 	At the discretion of the retail licensee, a player who wishes to tip the dealer by placing bets for the dealer shall place the tip(s) above or adjacent to the player’s wagers at the same times that the player places the player’s wagers. A tip bet can only be placed where a player bet has been made. A tip bet shall not be required to be in any minimum amount, but and the amount of each tip bet may not exceed the amount of each of the player’s specific own wagers placed at the same time. Players may be permitted to place a tip bet for the dealer on any or all of the following bets:  the three card Optional Bonus bet, the optional Ante Bonus bet and the 1st Wager bet.  An Ante Bonus tip bet is not required to be in an amount of half of the player’s 1st Wager bet.  either, or both, the Ante and the 1st Wager, but need not have made an Ante tip bet before making a 1st Wager tip bet. If both an Ante tip bet and a 1st Wager tip bet are made, the 1st Wager tip bet is not required to be in an amount which is double the amount of the Ante tip bet. Only when a player has placed a tip bet on the 1st Wager, the player may, but is not required to, place an additional tip bet for the dealer on the 2nd Wager at the same time that the player places the player’s 2nd Wager. A player may also place a tip bet on the three card Optional Bonus wager only if the player has placed a player’s wager on the Optional Bonus, whether or not the player has placed any other tip bets on the hand. Dealers’ tip bets placed on tying hands shall push, and dealers’ tip bets on winning hands shall be paid at the same odds as players’ bets on winning hands.
(4) 	Immediately prior to each round of play, the dealer shall shuffle and cut the cards. At the discretion of the retail licensee, the dealer may burn the top card. The dealer shall deal three cards to each player and to the dealer, all three at the same time, face down, in clockwise rotation around the table, beginning with the player to the left of the dealer and lastly to the dealer. 
(5) 	An incorrect number of cards dealt to any player  constitutes a misdeal with respect to that player only, voiding the player’s wager(s). Exposed cards dealt to a player do not constitute a misdeal; the dealer will turn the card(s) over and continue to deal. If a player’s card falls from the table, that player’s hand is dead and the player’s wagers are void. 
(6) 	If the dealer misses dealing one card to the dealer, the dealer shall, after all other cards have been dealt to the players, take the next card from the deck stub to complete the dealer’s hand. If the dealer fails to deal two cards to the dealer, then the entire hand is a misdeal; all wagers are void and all cards are collected. An exposed card dealt to the dealer does not constitute a misdeal, and the exposed card will be played as dealt. 
(7) 	After all players have received their three cards, the dealer shall ask the players if they hold cards qualifying for a Tthree Ccard optional Bonus payment, and if so, the players will expose their three card hands. Players who fail to declare and show their three card hands qualifying for payment at this time shall not be permitted to do so at any later time in the game. The dealer will collect all wagers on hands not qualifying for a three card Optional Bonus payment, and will pay all winning hands according to the following pay schedule: 
					Tthree Ccard optional
	Player Holds: 			Bonus Pays pay schedule
	Straight flush 			40 to 1 
	Three of a kind 			30 to 1 
	Straight 			6 to 1 
	Flush 				4 to 1 
	Pair 				1 to 1 
(8) 	Each player then has the option either to fold or to continue playing. Players who do not fold must make an additional wager in an amount equal to the 1st Wager by placing the additional wager in the 2nd Wager circle in front of the player’s position. 
(9) 	After all players have had the opportunity to place their wagers, the dealer shall pick up the wagers and cards from players who have folded. The dealer shall begin with the player to the dealer’s right and continue in a counterclockwise rotation around the table, first picking up wagers, and then repeating the rotation picking up cards. The dealer shall not show the cards, and shall place them in the discard rack. 
(10) 	At the discretion of the retail licensee, the dealer may burn the top card from the deck. The dealer shall deal two more cards, both at the same time, face down, in clockwise rotation around the table, to each remaining player and lastly to the dealer. The remainder of the deck will be placed in the discard rack. 
(11) 	The dealer then turns the dealer’s five cards face up and determines the best poker hand held by the dealer. Each player’s cards are then turned over by the dealer and are compared to the dealer’s hand. The dealer begins with the player to the dealer’s right and continues in a counterclockwise rotation around the table. The higher five card poker hand wins between the dealer and each player. In the event of a tie, the hands push and the player’s 1st and 2nd Wwagers are is neither won nor lost. 
(12) 	When a dealer’s five card hand beats a player’s five card hand, the dealer collects both the 1st and 2nd Wagers. The dealer also collects the player’s Ante only if the player holds cards less valuable than two pairs. When a player’s hand beats the dealer’s hand, the player retains both all the player’s wagers placed and wins an amount equal to the sum of the player’s on the 1st and 2nd Wagers, that is, the player and is paid at odds of 1 to 1 on the 1st and 2nd Wagers. When the player’s hand beats the dealer’s hand, but the player holds cards less valuable than two pairs, the Ante wager is a push. 
(13) 	The A player is eligible to receive who has placed an optional Ante Bonus bet is eligible to receive an Ante Bonus award payment when the player holds a five card hand qualifying for payment pursuant to the Ante Bonus pay schedule below. A player who receives payment holding a hand qualifying for an Ante Bonus award payment always retains the that player’s Ante wager and wins the Ante Bonus bet.  If a player does not receive an Ante Bonus award, the dealer collects that player’s Ante Bonus bet.  whether or not the player’s hand beats the dealer’s hand. The Ante Bonus is always paid on the Ante only, and not on the 1st and 2nd Wagers. 
	Player Holds: 			Ante Bonus pay schedule Pays 
	Royal flush 			1,000 to 1 
	Straight flush 			200 to 1 
	Four of a kind 			100 to 1 
	Full House 			25 to 1 
	Flush 				15 to 1 
	Straight 			8 to 1 
	Three of a kind 			5 to 1 
	Two Pairs 			2 to 1 
(14) 	After all wagers have been settled, the dealer shall pick up all cards from the table, beginning with the player to the dealer’s right and continuing in a counterclockwise rotation around the table. Players may not touch any wagers placed or recover any winnings until the completion of each game.