PRINTER'S NO. 1720
No. 1480 Session of 1981
INTRODUCED BY TRELLO, RIEGER, OLASZ, SEVENTY, DAWIDA,
CALTAGIRONE, COCHRAN, FEE, PETRONE, BARBER, H. WILLIAMS,
EMERSON, MISCEVICH, PISTELLA, KOLTER, MICOZZIE, CIVERA,
OLIVER, RYBAK, EVANS, POTT, HALUSKA, BELFANTI, CAWLEY, CLARK,
DOMBROWSKI, PIEVSKY, CAPPABIANCA AND VAN HORNE, JUNE 3, 1981
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 3, 1981
AN ACT
1 Providing for the licensing of clubs and certain hotels to
2 conduct games of chance; providing for suspensions and
3 revocations of licenses; providing for fees and
4 appropriations; requiring records and prescribing penalties.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. The following words and phrases when used in this
8 act shall have, unless the context clearly indicates otherwise,
9 the meanings given to them in this section:
10 "Club." A nonprofit corporation, association, society,
11 organization, charitable institution or other nonprofit group of
12 individuals associated together for legitimate purposes of
13 mutual benefits, entertainment, fellowship, pleasure, recreation
14 or lawful convenience having some primary interest to which the
15 use of games of chance shall be secondary and which regularly
16 occupies, as owner or lessee, a clubhouse or quarters for the
17 use of its members and which is licensed as a "club" under the
1 act of April 12, 1951 (P.L.90, No.21), known as the "Liquor
2 Code."
3 "Games of chance." Any game or device at which money or
4 other valuable thing may or shall be played for or staked or bet
5 upon.
6 "Hotel." A building or combination of buildings containing
7 more than 100 sleeping rooms which is licensed as a "hotel"
8 under the act of April 12, 1951 (P.L.90, No.21), known as the
9 "Liquor Code."
10 Section 2. Every club and hotel to which a license has been
11 issued under the provisions of this act may conduct games of
12 chance.
13 Section 3. The Department of Revenue shall have the duty to:
14 (1) Provide for the licensing of clubs and hotels to
15 hold, operate and conduct games of chance.
16 (2) Prescribe the form of applications for licenses and
17 for the licenses.
18 (3) Issue licenses permitting the holding of games of
19 chance.
20 (4) Prescribe rules and regulations for the supervision,
21 conduct and type of games of chance.
22 (5) Suspend and revoke licenses for violations of this
23 act or the rules and regulations thereunder.
24 (6) Hold hearings on request in cases of refusal of a
25 license.
26 (7) Prescribe such other rules and regulations as may be
27 necessary to carry out the provisions of this act.
28 Section 4. (a) Licenses to conduct games of chance shall be
29 issued to clubs and hotels in any calendar year and the fee
30 therefor shall be $100 for each game of chance which sum is
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1 hereby appropriated to the Department of Education for the sole
2 purpose of reducing local school taxes.
3 (b) Licenses shall be renewable each calendar year unless
4 revoked under the provisions of this act.
5 Section 5. The Department of Revenue shall not issue a
6 license to and shall revoke the license of any club or hotel
7 whenever it finds that:
8 (1) compensation, salary or fees are paid to anyone for
9 setting up or conducting the games of chance; or
10 (2) any provision of this act has been violated.
11 Section 6. Notwithstanding the provisions of any other law
12 of the Commonwealth or ordinance or resolution of any political
13 subdivision thereof, such gaming shall not constitute any crime
14 or public nuisance.
15 Section 7. (a) The licensee shall keep such records and
16 books as the Department of Revenue shall prescribe.
17 (b) The licensee shall submit an annual report to the
18 Department of Revenue containing such information as the
19 Department of Revenue shall prescribe.
20 Section 8. Whoever conducts games of chance without a
21 license as provided in this act shall, upon conviction in a
22 summary proceeding, be sentenced to pay a fine of $1000 and
23 costs of prosecution and in default of the payment thereof shall
24 undergo imprisonment for not less than 30 nor more than 120
25 days.
26 Section 9. Whoever sells or causes to be sold any game of
27 chance to any person under the age of 21 years shall, upon
28 conviction in a summary proceeding, be sentenced to pay a fine
29 of $1000 and costs of prosecution and in default of the payment
30 thereof shall undergo imprisonment for not less than 30 nor more
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1 than 120 days.
2 Section 10. All acts and parts of acts are repealed insofar
3 as they are inconsistent herewith.
4 Section 11. This act shall take effect in 60 days.
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