PRIOR PRINTER'S NO. 624 PRINTER'S NO. 1974
No. 556 Session of 2007
INTRODUCED BY DALLY, BASTIAN, BELFANTI, BEYER, CALTAGIRONE,
CARROLL, DALEY, FABRIZIO, JAMES, KILLION, KULA, McILHATTAN,
MILLARD, PETRONE, REICHLEY, SAINATO, SIPTROTH, STABACK,
YOUNGBLOOD AND WALKO, MARCH 6, 2007
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 18, 2007
AN ACT
1 Amending the act of July 10, 1981 (P.L.214, No.67), entitled "An
2 act relating to the lawful conduct of bingo, prescribing
3 penalties and making a repeal," further providing for rules
4 for licensing and operation.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 5(a) of the act of July 10, 1981 <--
8 (P.L.214, No.67), known as the Bingo Law, amended February 12,
9 1988 (P.L.76, No.14), is amended to read:
10 SECTION 1. SECTION 5 OF THE ACT OF JULY 10, 1981 (P.L.214, <--
11 NO.67), KNOWN AS THE BINGO LAW, AMENDED DECEMBER 15, 1982
12 (P.L.1299, NO.293) AND FEBRUARY 12, 1988 (P.L.76, NO.14), IS
13 AMENDED TO READ:
14 Section 5. Rules for licensing and operation.
15 (a) Issuance and fee.--The licensing authority shall
16 license, upon application, any association as defined in section
17 3 to conduct the game of bingo at one location in the county,
1 which, when in a county of the second class, shall only be in
2 the city, borough or township where the main business office or
3 headquarters of the association is located. The county treasurer
4 of a county of the second class shall indicate on each license
5 the city, borough or township where the association may conduct
6 bingo. The single municipal location limitation shall not apply
7 to a group of licensed associations conducting bingo at a
8 central location. The license fee to be charged to each
9 nonprofit association shall be $100 per annum except to those
10 recognized senior citizens' groups who conduct bingo for their
11 members only the fee shall be $50 per annum. The license fee to
12 be charged to each agricultural association or county fair shall
13 be $100 per annum. Associations which conduct bingo only one
14 period each year for not more than [three] seven consecutive
15 days shall be charged $15 for the issuance of their license. The
16 fees collected pursuant to this section shall be paid by the
17 licensing authority into the general fund of the county and used
18 for county purposes. All records retained by the licensing
19 authority relating to the issuance of bingo licenses and bingo
20 permits shall be public information.
21 * * * <--
22 (B) DISPLAY.--LICENSES ISSUED PURSUANT TO THIS SECTION SHALL <--
23 BE PUBLICLY DISPLAYED AT GAMES CONDUCTED BY LICENSEES.
24 (C) OPERATION.--EACH LICENSED ASSOCIATION SHALL COMPLY WITH
25 THE FOLLOWING RESTRICTIONS AND RULES GOVERNING THE OPERATION OF
26 BINGO:
27 (1) NO PERSON UNDER THE AGE OF 18 SHALL BE PERMITTED TO
28 PLAY BINGO UNLESS ACCOMPANIED BY AN ADULT.
29 (2) NO ASSOCIATION SHALL CONDUCT BINGO MORE THAN TWICE
30 IN ANY ONE WEEK, EXCEPT AN ASSOCIATION SHALL BE PERMITTED TO
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1 CONDUCT THE GAME OF BINGO FOR A PERIOD NOT TO EXCEED TEN DAYS
2 AT THE ASSOCIATION'S EXPOSITION, CARNIVAL OR FAIR SITE IN
3 ADDITION TO THE REGULARLY SCHEDULED GAMES.
4 [(3) PRIZES AWARDED SHALL NOT EXCEED A VALUE OF $250 FOR
5 ANY ONE GAME OF BINGO, EXCEPT FOR JACKPOT GAMES WHICH SHALL
6 NOT EXCEED A VALUE OF $2,000 FOR ONE SUCH GAME. IN ADDITION,
7 NO MORE THAN $4,000 IN PRIZES SHALL BE AWARDED IN ANY
8 CALENDAR DAY.]
9 (4) ONLY ASSOCIATIONS LICENSED TO CONDUCT BINGO SHALL BE
10 PERMITTED TO ADVERTISE THEIR BINGO GAMES. SUCH ADVERTISEMENTS
11 SHALL CONTAIN THE DATE, TIME, LOCATION, WHETHER CASH OR
12 MERCHANDISE PRIZES WILL BE AWARDED AND THE NAME OF THE
13 ASSOCIATION LICENSED TO CONDUCT THE BINGO GAME AND THE NAME
14 OF THE INDIVIDUAL IN CHARGE OF THE OPERATION OF THE GAME. AN
15 ASSOCIATION SHALL NOT ADVERTISE THE PRIZES OR THEIR DOLLAR
16 VALUE WHICH WILL BE AWARDED NOR SHALL THEY ADVERTISE A
17 GUARANTEED PRIZE DOLLAR VALUE.
18 (5) THE ASSOCIATION SHALL OWN THE EQUIPMENT USED IN
19 PLAYING BINGO OR SHALL SIGN A WRITTEN AGREEMENT LEASING THE
20 EQUIPMENT FROM ANOTHER LICENSED ASSOCIATION FOR A FEE WHICH
21 IS NOT DETERMINED BY THE AMOUNT OF RECEIPTS REALIZED FROM THE
22 PLAYING OF BINGO OR THE NUMBER OF PEOPLE ATTENDING BINGO
23 GAMES. JOINT OWNERSHIP OF BINGO EQUIPMENT SHALL BE PERMITTED
24 ONLY IF BOTH OWNERS OF THE EQUIPMENT ARE LICENSED
25 ASSOCIATIONS. THIS PARAGRAPH SHALL NOT APPLY TO ASSOCIATIONS
26 CONTRACTING CHARITABLE ORGANIZATIONS OR OUTSIDE OPERATORS TO
27 CONDUCT BINGO AT EXPOSITIONS, CARNIVALS OR FAIRS.
28 (6) THE ASSOCIATION SHALL OWN BOTH THE PREMISES UPON
29 WHICH BINGO IS PLAYED AND THE PERSONAL PROPERTY USED IN THE
30 CONDUCT OF THE GAME, OR IF IT DOES NOT, THE ASSOCIATION SHALL
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1 SIGN A WRITTEN AGREEMENT LEASING SUCH PREMISES OR PERSONAL
2 PROPERTY FROM THE OWNER THEREOF FOR A FEE WHICH IS NOT
3 DETERMINED BY EITHER THE AMOUNT OF RECEIPTS REALIZED FROM THE
4 PLAYING OF BINGO OR THE NUMBER OF PEOPLE ATTENDING BINGO
5 GAMES. AN ASSOCIATION SHALL NOT LEASE SUCH PREMISES OR
6 PERSONAL PROPERTY FROM ANY PERSON WHO HAS BEEN CONVICTED OF A
7 FELONY OR A VIOLATION OF THIS ACT.
8 (7) EACH ASSOCIATION SHALL KEEP WRITTEN RECORDS OF THE
9 MONEYS AND MERCHANDISE COLLECTED AND DISTRIBUTED FOR EACH DAY
10 THEY CONDUCT BINGO. THESE RECORDS SHALL INDICATE THE TOTAL
11 PROCEEDS COLLECTED, THE TOTAL PRIZE MONEY DISTRIBUTED, THE
12 TOTAL VALUE OF ALL MERCHANDISE AWARDED AS A PRIZE AND THE
13 AMOUNT OF MONEYS PAID AS RENTALS OR WAGES AND TO WHOM SUCH
14 RENTALS OR WAGES WERE PAID. [ALL PRIZES AWARDED HAVING A
15 VALUE GREATER THAN $250 SHALL BE SPECIFICALLY DESCRIBED IN
16 THE ASSOCIATION'S RECORDS.]
17 (8) EACH ASSOCIATION SHALL DEPOSIT WITH A FINANCIAL
18 INSTITUTION ALL PROCEEDS FOR EACH DAY'S BINGO GAME IN AN
19 ACCOUNT IN THE ASSOCIATION'S NAME. THIS DEPOSIT SHALL BE MADE
20 BEFORE ANY OF THE PROCEEDS MAY BE USED FOR ANY OTHER PURPOSE,
21 EXCEPT FOR PAYMENT OF PRIZE MONEY AND COMPENSATION TO MEMBERS
22 EMPLOYED IN THE OPERATION OF THE GAME.
23 (9) NO ASSOCIATION SHALL PERMIT ANY PERSON WHO IS NOT A
24 BONA FIDE MEMBER OF THE ASSOCIATION OR WHO HAS BEEN CONVICTED
25 OF A FELONY OR A VIOLATION OF THIS ACT TO MANAGE, SET UP,
26 SUPERVISE OR PARTICIPATE IN THE OPERATION OF THE
27 ASSOCIATION'S BINGO GAMES. NOTHING CONTAINED IN THIS ACT
28 SHALL BE CONSTRUED TO PROHIBIT INDIVIDUALS UNDER 18 YEARS OF
29 AGE FROM PARTICIPATING IN THE OPERATION OF THE GAME AND BEING
30 COMPENSATED THEREFOR IF WRITTEN PERMISSION IS OBTAINED FROM
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1 THEIR PARENT OR GUARDIAN.
2 (10) ASSOCIATIONS WHICH OBTAIN A LICENSE FOR THE PURPOSE
3 OF CONDUCTING BINGO AT AN EXPOSITION, CARNIVAL OR FAIR FOR A
4 PERIOD NOT EXCEEDING TEN DAYS SHALL BE PERMITTED TO CONTRACT
5 A CHARITABLE ORGANIZATION TO MANAGE, SET UP, SUPERVISE OR
6 PARTICIPATE IN THE OPERATION OF THE BINGO GAME PROVIDED ONLY
7 MERCHANDISE PRIZES ARE AWARDED. ONLY BONA FIDE MEMBERS OF THE
8 CONTRACTED CHARITABLE ORGANIZATION SHALL BE PERMITTED TO
9 PARTICIPATE IN THE OPERATION OF THE BINGO GAME. IF NO
10 CHARITABLE ORGANIZATIONS ARE AVAILABLE, THE ASSOCIATION MAY
11 CONTRACT AN OUTSIDE OPERATOR TO CONDUCT THE GAME FOR
12 MERCHANDISE AT THE EXPOSITION, CARNIVAL OR FAIR SITE. THE
13 PROVISIONS OF THIS PARAGRAPH SHALL NOT BE CONSTRUED TO ALLOW
14 BINGO GAMES TO BE ORDINARILY CARRIED OUT ON A COMMERCIAL
15 BASIS IN THIS COMMONWEALTH.
16 (11) NO PERSON SHALL PARTICIPATE IN THE OPERATION OF
17 BINGO GAMES ON MORE THAN FOUR DAYS IN ANY CALENDAR WEEK,
18 WHICH GAMES MAY BE OPERATED BY NO MORE THAN TWO DIFFERENT
19 LICENSED ASSOCIATIONS. THIS PROVISION SHALL NOT APPLY TO
20 PERSONS ENGAGED IN THE OPERATION OF BINGO FOR MERCHANDISE AT
21 EXPOSITIONS, CARNIVALS OR FAIRS NOT EXCEEDING TEN DAYS IN
22 DURATION.
23 (12) NO SUPPLIER OF MERCHANDISE NOR ANY PERSON WHO HAS
24 BEEN CONVICTED OF A FELONY OR A VIOLATION OF THIS ACT SHALL
25 HAVE A PECUNIARY INTEREST IN THE OPERATION OR PROCEEDS OF THE
26 BINGO GAME.
27 (D) APPLICATION FOR LICENSE.--EACH ASSOCIATION SHALL APPLY
28 TO THE LICENSING AUTHORITY FOR A LICENSE ON A FORM TO BE
29 PRESCRIBED BY THE SECRETARY OF THE COMMONWEALTH. SAID FORM SHALL
30 CONTAIN AN AFFIDAVIT TO BE AFFIRMED BY THE EXECUTIVE OFFICER OR
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1 SECRETARY OF THE ASSOCIATION STATING THAT:
2 (1) NO PERSON UNDER THE AGE OF 18 WILL BE PERMITTED BY
3 THE ASSOCIATION TO PLAY BINGO UNLESS ACCOMPANIED BY AN ADULT.
4 (2) THE FACILITY IN WHICH ANY GAME OF BINGO IS TO BE
5 PLAYED DOES HAVE ADEQUATE MEANS OF INGRESS AND EGRESS AND
6 ADEQUATE SANITARY FACILITIES AVAILABLE IN THE AREA.
7 (3) THE ASSOCIATION IS THE SOLE OR JOINT OWNER WITH A
8 LICENSED ASSOCIATION OF THE EQUIPMENT USED IN PLAYING BINGO
9 OR IT LEASES THE EQUIPMENT FROM ANOTHER LICENSED ASSOCIATION
10 UNDER A WRITTEN AGREEMENT FOR A FEE WHICH IS NOT DETERMINED
11 BY THE AMOUNT OF RECEIPTS REALIZED FROM THE PLAYING OF BINGO
12 OR THE NUMBER OF PEOPLE ATTENDING BINGO GAMES. THIS PARAGRAPH
13 SHALL NOT APPLY TO ASSOCIATIONS CONTRACTING WITH CHARITABLE
14 ORGANIZATIONS OR OUTSIDE OPERATORS TO CONDUCT BINGO AT
15 EXPOSITIONS, CARNIVALS OR FAIRS.
16 (4) THE ASSOCIATION IS THE OWNER OF BOTH THE PREMISES
17 UPON WHICH BINGO IS PLAYED AND THE PERSONAL PROPERTY USED IN
18 THE CONDUCT OF THE GAME OR, IF IT IS NOT, THAT THE
19 ASSOCIATION IS NOT LEASING SUCH PREMISES OR PERSONAL PROPERTY
20 FROM THE OWNER THEREOF UNDER AN ORAL AGREEMENT, NOR IS IT
21 LEASING SUCH PREMISES OR PERSONAL PROPERTY FROM THE OWNER
22 THEREOF UNDER A WRITTEN AGREEMENT AT A RENTAL WHICH IS
23 DETERMINED BY EITHER THE AMOUNT OF RECEIPTS REALIZED FROM THE
24 PLAYING OF BINGO OR THE NUMBER OF PEOPLE ATTENDING BINGO
25 GAMES, NOR IS IT LEASING SUCH PREMISES OR PERSONAL PROPERTY
26 FROM A PERSON WHO HAS BEEN CONVICTED OF A FELONY OR A
27 VIOLATION OF THIS ACT.
28 (5) THE ASSOCIATION WILL NOT CONDUCT THE PLAYING OF
29 BINGO MORE THAN TWICE PER WEEK IN ANY ONE WEEK, EXCEPT THOSE
30 ASSOCIATIONS CONDUCTING BINGO AT EXPOSITIONS, CARNIVALS OR
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1 FAIRS.
2 [(6) THE ASSOCIATION IN ANY CALENDAR DAY WILL NOT AWARD
3 A TOTAL OF MORE THAN $4,000 IN PRIZES.]
4 (7) THE ASSOCIATION IS A NONPROFIT ASSOCIATION AS
5 DEFINED IN THIS ACT.
6 (E) LIMITATION ON COMPENSATION.--NO PERSON MAY BE EMPLOYED
7 IN THE OPERATION OR THE ACTUAL RUNNING OF A BINGO GAME FOR
8 COMPENSATION GREATER THAN $50 PER DAY, EXCEPT EMPLOYEES OF
9 OUTSIDE OPERATORS UNDER SECTION 5(C)(10), AND ANY PERSON
10 COMPENSATED SHALL BE PAID INDIVIDUALLY BY CHECK OR BY CASH, IN
11 WHICH CASE THE PAYEE SHALL SIGN A WRITTEN RECEIPT THEREFOR. IN
12 ADDITION, NO PERSON SHALL RECEIVE COMPENSATION FROM MORE THAN
13 ONE SOURCE FOR SERVICES RENDERED IN THE OPERATION OF A BINGO
14 GAME.
15 (F) INVESTIGATION OF ASSOCIATION.--THE LICENSING AUTHORITY
16 MAY REQUEST AN INVESTIGATION TO VERIFY THE STATEMENTS MADE IN
17 ANY APPLICATION FOR A LICENSE.
18 Section 2. This act shall take effect in 60 days.
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