PRINTER'S NO. 3611
No. 2738 Session of 1992
INTRODUCED BY MICOZZIE, CIVERA, ADOLPH, DURHAM, GIGLIOTTI,
DONATUCCI, OLASZ, TRELLO, LaGROTTA, NOYE, M. N. WRIGHT,
GRUPPO, CLYMER, NAHILL, SEMMEL, JOHNSON, SAURMAN, HECKLER,
LEVDANSKY, PHILLIPS, GLADECK, McHUGH, TOMLINSON AND PETRONE,
MAY 18, 1992
REFERRED TO COMMITTEE ON FINANCE, MAY 18, 1992
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, for revocation of licenses, for
5 special permits to conduct bingo for entertainment and for
6 penalties.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 3 of the act of July 10, 1981 (P.L.214,
10 No.67), known as the Bingo Law, amended December 15, 1982
11 (P.L.1299, No.293), is amended to read:
12 Section 3. Definitions.
13 The following words and phrases when used in this act shall
14 have, unless the context clearly indicates otherwise, the
15 meanings given to them in this section:
16 "Association." A volunteer fire company or an ambulance,
17 religious, charitable, fraternal, veterans, civic, county fair
18 or agricultural association, or any separately chartered
1 auxiliary of any of the above associations, organized as a
2 nonprofit organization which shall have existed, and conducted
3 business in furtherance of their written constitution, charter,
4 articles of incorporation or bylaw express purpose, for two
5 years prior to application for a license: Provided, however,
6 That an association whose membership consists exclusively of
7 elderly residents of a senior citizen housing project may apply
8 for a license immediately upon its being organized as such and
9 need not meet the two-year waiting requirement. This term shall
10 not be interpreted to include political organizations as
11 associations eligible for a bingo license. An association shall
12 not be denied a bingo license because its name denotes
13 affiliation with a political organization if in fact the
14 association is not a political organization as evidenced by its
15 written constitution, charter, articles of incorporation or
16 bylaw express purpose.
17 "Bingo." A game in which each player has a card or board
18 containing five horizontal rows all but the central one
19 containing five figures. The central row has four figures with
20 the word "free" marked in the center thereof. Any preannounced
21 combination of spaces when completed by a player constitutes
22 bingo. In the absence of a preannouncement of a combination of
23 spaces, any combination of five in a row whether horizontal or
24 vertical when completed by a player constitutes bingo when its
25 numbers are announced and covered. A wheel or other mechanical
26 device may be used by any person conducting the game of bingo,
27 and any such person may award a prize to any player or players
28 first completing any combination constituting bingo.
29 "Bona fide member." Any individual who holds a full
30 membership in the association as defined by the association's
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1 constitution, charter, articles of incorporation or bylaws and
2 has been a member of the association for at least one year. The
3 term shall also include those individuals who are members of an
4 auxiliary or recognized junior affiliate of the parent
5 association.
6 "Charitable purpose." Benevolent or philanthropic purpose.
7 "Civic purpose." Community purpose.
8 "Department." The Department of Revenue of the Commonwealth.
9 "Elderly residents of a senior citizen housing project."
10 Persons aged 62 years or older who reside in an elderly housing
11 project receiving rental assistance pursuant to the Federal
12 Housing and Community Development Act of 1974.
13 "Equipment." Tables, chairs, cards, microphones, amplifiers,
14 speakers and all other machinery and articles used to conduct a
15 game of bingo.
16 "Law enforcement official." A municipal police officer, a
17 member of the Pennsylvania State Police, the sheriff of a county
18 or a deputy sheriff.
19 ["Licensing authority." The county treasurer, or in any home
20 rule county or city of the first class, where there is no
21 elected treasurer, the designee of the governing authority.]
22 Section 2. Section 5 of the act, amended December 15, 1982
23 (P.L.1299, No.293) and February 12, 1988 (P.L.76, No.14), is
24 amended to read:
25 Section 5. Rules for licensing and operation.
26 (a) Issuance and fee.--The [licensing authority] department
27 shall license, upon application, any association as defined in
28 section 3 to conduct the game of bingo at one location in the
29 county, which, when in a county of the second class, shall only
30 be in the city, borough or township where the main business
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1 office or headquarters of the association is located. The county
2 treasurer of a county of the second class shall [indicate on
3 each license] advise the department as to the city, borough or
4 township where the association may conduct bingo. The single
5 municipal location limitation shall not apply to a group of
6 licensed associations conducting bingo at a central location.
7 The license fee to be charged to each nonprofit association
8 shall be $100 per annum except to those recognized senior
9 citizens' groups who conduct bingo for their members only the
10 fee shall be $50 per annum. The license fee to be charged to
11 each agricultural association or county fair shall be $100 per
12 annum. Associations which conduct bingo only one period each
13 year for not more than three consecutive days shall be charged
14 $15 for the issuance of their license. [The fees collected
15 pursuant to this section shall be paid by the licensing
16 authority into the general fund of the county and used for
17 county purposes. All records retained by the licensing authority
18 relating to the issuance of bingo licenses and bingo permits
19 shall be public information.]
20 (a.1) Bingo License Fund.--There is hereby established in
21 the State Treasury a separate account to be known as the Bingo
22 License Fund. All fees collected under this section shall be
23 paid into the fund. Money from the fund shall be appropriated to
24 the department on a continuing basis for the purpose of carrying
25 out the provisions of this act.
26 (b) Display.--Licenses issued pursuant to this section shall
27 be publicly displayed at games conducted by licensees.
28 (c) Operation.--Each licensed association shall comply with
29 the following restrictions and rules governing the operation of
30 bingo:
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1 (1) No person under the age of 18 shall be permitted to
2 play bingo unless accompanied by an adult.
3 (2) No association shall conduct bingo more than twice
4 in any one week, except an association shall be permitted to
5 conduct the game of bingo for a period not to exceed ten days
6 at the association's exposition, carnival or fair site in
7 addition to the regularly scheduled games.
8 (3) Prizes awarded shall not exceed a value of $250 for
9 any one game of bingo, except for jackpot games which shall
10 not exceed a value of $2,000 for one such game. In addition,
11 no more than $4,000 in prizes shall be awarded in any
12 calendar day.
13 (4) Only associations licensed to conduct bingo shall be
14 permitted to advertise their bingo games. Such advertisements
15 shall contain the date, time, location, whether cash or
16 merchandise prizes will be awarded and the name of the
17 association licensed to conduct the bingo game and the name
18 of the individual in charge of the operation of the game. An
19 association shall not advertise the prizes or their dollar
20 value which will be awarded nor shall they advertise a
21 guaranteed prize dollar value.
22 (5) The association shall own the equipment used in
23 playing bingo or shall sign a written agreement leasing the
24 equipment from another licensed association for a fee which
25 is not determined by the amount of receipts realized from the
26 playing of bingo or the number of people attending bingo
27 games. Joint ownership of bingo equipment shall be permitted
28 only if both owners of the equipment are licensed
29 associations. This paragraph shall not apply to associations
30 contracting charitable organizations or outside operators to
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1 conduct bingo at expositions, carnivals or fairs.
2 (6) The association shall own both the premises upon
3 which bingo is played and the personal property used in the
4 conduct of the game, or if it does not, the association shall
5 sign a written agreement leasing such premises or personal
6 property from the owner thereof who is licensed under this
7 act for a fee which is not determined by either the amount of
8 receipts realized from the playing of bingo or the number of
9 people attending bingo games. [An association shall not lease
10 such premises or personal property from any person who has
11 been convicted of a felony or a violation of this act.]
12 (7) Each association shall keep written records of the
13 moneys and merchandise collected and distributed for each day
14 they conduct bingo. These records shall indicate the total
15 proceeds collected, the total prize money distributed, the
16 total value of all merchandise awarded as a prize and the
17 amount of moneys paid as rentals or wages and to whom such
18 rentals or wages were paid. All prizes awarded having a value
19 greater than $250 shall be specifically described in the
20 association's records. Each association shall file quarterly
21 reports containing such information in a form to be provided
22 by the department.
23 (8) Each association shall deposit with a financial
24 institution all proceeds for each day's bingo game in an
25 account in the association's name. This deposit shall be made
26 before any of the proceeds may be used for any other purpose,
27 except for payment of prize money and compensation to members
28 employed in the operation of the game.
29 (9) No association shall permit any person who is not a
30 bona fide member of the association or who has been convicted
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1 of a felony or a violation of this act to manage, set up,
2 supervise or participate in the operation of the
3 association's bingo games. Nothing contained in this act
4 shall be construed to prohibit individuals under 18 years of
5 age from participating in the operation of the game and being
6 compensated therefor if written permission is obtained from
7 their parent or guardian who is a bona fide member of the
8 association.
9 (10) Associations which obtain a license for the purpose
10 of conducting bingo at an exposition, carnival or fair for a
11 period not exceeding ten days shall be permitted to contract
12 a charitable organization to manage, set up, supervise or
13 participate in the operation of the bingo game provided only
14 merchandise prizes are awarded. Only bona fide members of the
15 contracted charitable organization shall be permitted to
16 participate in the operation of the bingo game. If no
17 charitable organizations are available, the association may
18 contract [an] a licensed outside operator to conduct the game
19 for merchandise at the exposition, carnival or fair site. The
20 provisions of this paragraph shall not be construed to allow
21 bingo games to be ordinarily carried out on a commercial
22 basis in this Commonwealth.
23 (11) No person shall participate in the operation of
24 bingo games on more than four days in any calendar week,
25 which games may be operated by no more than two different
26 licensed associations. This provision shall not apply to
27 persons engaged in the operation of bingo for merchandise at
28 expositions, carnivals or fairs not exceeding ten days in
29 duration.
30 (12) No supplier of merchandise nor any person who has
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1 been convicted of a felony or a violation of this act shall
2 have a pecuniary interest in the operation or proceeds of the
3 bingo game.
4 (c.1) Licensed operator's records.--Each licensed operator
5 and person licensed to lease premises or personal property
6 pursuant to subsection (c) shall keep written records of moneys
7 collected for each day they conduct bingo or lease premises or
8 personal property. These records shall include, where
9 applicable, the total proceeds collected, the total prize money
10 distributed, the total value of all merchandise awarded as a
11 prize and the amount of moneys paid as rentals or wages and to
12 whom these rentals or wages were paid. All prizes awarded having
13 a value greater than $250 shall be specifically described in the
14 records. Each licensee shall file quarterly reports containing
15 such information in a form to be provided by the department.
16 (d) Application for license for association.--Each
17 association shall apply to the [licensing authority] department
18 for a license on a form to be prescribed by the [Secretary of
19 the Commonwealth] department. Said form shall contain an
20 affidavit to be affirmed by the executive officer or secretary
21 of the association stating that:
22 (1) No person under the age of 18 will be permitted by
23 the association to play bingo unless accompanied by an adult.
24 (2) The facility in which any game of bingo is to be
25 played does have adequate means of ingress and egress and
26 adequate sanitary facilities available in the area.
27 (3) The association is the sole or joint owner with a
28 licensed association of the equipment used in playing bingo
29 or it leases the equipment from another licensed association
30 under a written agreement for a fee which is not determined
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1 by the amount of receipts realized from the playing of bingo
2 or the number of people attending bingo games. This paragraph
3 shall not apply to associations contracting with charitable
4 organizations or licensed outside operators to conduct bingo
5 at expositions, carnivals or fairs.
6 (4) The association is the owner of both the premises
7 upon which bingo is played and the personal property used in
8 the conduct of the game or, if it is not, [that the
9 association is not leasing such premises or personal property
10 from the owner thereof under an oral agreement, nor is it
11 leasing such premises or personal property from the owner
12 thereof under a written agreement at a rental which is
13 determined by either the amount of receipts realized from the
14 playing of bingo or the number of people attending bingo
15 games, nor is it leasing such premises or personal property
16 from a person who has been convicted of a felony or a
17 violation of this act] that the association is leasing the
18 premises or personal property from an individual licensed
19 under this act.
20 (5) The association will not conduct the playing of
21 bingo more than twice per week in any one week, except those
22 associations conducting bingo at expositions, carnivals or
23 fairs.
24 (6) The association in any calendar day will not award a
25 total of more than $4,000 in prizes.
26 (7) The association is a nonprofit association as
27 defined in this act.
28 (d.1) Application for license for outside operators and
29 persons who lease bingo premises or personal property.--Each
30 person who is an outside operator as provided in section
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1 5(c)(10) or a person who leases premises or personal property to
2 associations as provided in section 5(c)(6) shall apply to the
3 department for a license on a form to be prescribed by the
4 department. The form shall contain information deemed necessary
5 by the department including:
6 (1) Whether the applicant has been convicted of
7 violations of this act or any Federal law, law of this
8 Commonwealth or law of any other jurisdiction.
9 (2) Profits made by the applicant relating to bingo
10 during the preceding fiscal year.
11 (e) Limitation on compensation.--No person may be employed
12 in the operation or the actual running of a bingo game for
13 compensation greater than $50 per day, except employees of
14 licensed outside operators under section 5(c)(10), and any
15 person compensated shall be paid individually by check or by
16 cash, in which case the payee shall sign a written receipt
17 therefor. In addition, no person shall receive compensation from
18 more than one source for services rendered in the operation of a
19 bingo game.
20 (f) Investigation of association.--[The licensing authority
21 may request an investigation to verify the statements made in
22 any application for a license.] The Office of Attorney General
23 shall conduct a background investigation of all license
24 applicants to determine if the applicant has connections to
25 organized crime or is otherwise unsuited to hold a license under
26 this act. Each license applicant shall be required to pay a fee
27 of $50 to the Office of Attorney General for the cost of the
28 background investigation.
29 Section 3. Sections 6, 6.1, 6.2 and 7 of the act, amended or
30 added December 15, 1982 (P.L.1299, No.293), are amended to read:
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1 Section 6. Revocation of licenses.
2 (a) Grounds.--The [licensing authority] department shall
3 revoke or refuse to renew the license of any association
4 whenever the district attorney, the department or the Office of
5 Attorney General finds upon investigation that:
6 (1) Any of the funds derived from the operation of the
7 game of bingo are used for any purpose which does not support
8 the nonprofit purposes of the association.
9 (2) Any person under the age of 18 unaccompanied by an
10 adult is playing bingo as herein defined.
11 (3) The facility in which any game of bingo is played
12 does not have adequate means of ingress and egress or does
13 not have adequate sanitary facilities available in the area.
14 (4) Greater compensation than is herein authorized has
15 been paid to or received by any person, or that a person or
16 persons other than those authorized in section 5 have been
17 involved in managing, setting up, operating or running the
18 game.
19 (5) The association conducts bingo using bingo equipment
20 which it does not own solely or jointly with another licensed
21 association or which it leases in violation of the statement
22 contained in its license application provided by section
23 5(d)(3).
24 (6) The association conducts bingo upon premises which
25 it does not own or with personal property it does not own and
26 is either:
27 (i) leasing such premises or personal property used
28 in the conduct of the game from the owner thereof under
29 an oral agreement;
30 (ii) leasing such premises or personal property from
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1 the owner thereof under a written agreement at a rental
2 which is determined by either the amount of receipts
3 realized from the playing of bingo or the number of
4 people attending bingo games; or
5 (iii) leasing such premises or personal property
6 from a person [who has been convicted of a felony or a
7 violation of this act] who is not licensed under this
8 act.
9 (7) False or erroneous information was provided in the
10 original notarized application.
11 (8) An association has been convicted of a violation of
12 this act as evidenced by a certified record of the
13 conviction.
14 (9) An association fails to comply with any restriction
15 set forth in section 5(c).
16 (b) Production of records.--The department and the district
17 attorney may require the licensees to produce their books,
18 accounts and records relating to the conduct of bingo in order
19 to determine whether a license should be revoked or renewal
20 thereof denied. Licensees shall also be required to produce
21 their license, books, accounts and records relating to the
22 conduct of bingo to other law enforcement officials upon proper
23 request.
24 (c) Possible revocation.--The [licensing authority]
25 department may revoke the license of any association if [he] it
26 finds that the association has knowingly employed any person in
27 the operation of their bingo game who has been convicted of a
28 violation of this act.
29 Section 6.1. Special permits to conduct bingo for
30 entertainment.
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1 (a) Issuance and fee.--Upon application each year, the
2 [licensing authority] department may issue to community
3 recognized nonprofit organizations a special permit to conduct
4 bingo for entertainment purposes only. No fee shall be charged
5 for the issuance of a special permit.
6 (b) Operation.--Organizations issued special permits shall
7 not conduct bingo for the purpose of making a profit. All prizes
8 awarded shall be of nominal value. No person who has been
9 convicted of a felony or a violation of this act shall be
10 permitted to manage, set up, supervise or participate in the
11 operation of the bingo game.
12 (c) Application for permit.--Each organization shall apply
13 to the [licensing authority] department on a form to be
14 prescribed by the [Secretary of the Commonwealth] department.
15 Said form shall contain an affidavit to be affirmed by the
16 executive officer or secretary of the organization stating that:
17 (1) The organization is a nonprofit community recognized
18 organization.
19 (2) No person under the age of 18 will be permitted by
20 the organization to play bingo unless accompanied by an
21 adult.
22 (3) The organization is conducting bingo for
23 entertainment purposes only and all prizes awarded will be of
24 nominal value.
25 (4) No person convicted of a felony or of a violation of
26 this act shall be permitted to manage, setup or participate
27 in the operation of the bingo game.
28 (d) Limitation on compensation.--No person shall be
29 compensated for services rendered in the operation of bingo
30 played for entertainment purposes pursuant to this section.
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1 Section 6.2. Revocation of special permits.
2 (a) Grounds.--The [licensing authority] department shall
3 revoke or refuse to renew the special permit of any organization
4 whenever the district attorney finds upon investigation that:
5 (1) The organization is conducting bingo for purposes of
6 making a profit.
7 (2) Any person under the age of 18 unaccompanied by an
8 adult is playing bingo as herein defined.
9 (3) Compensation prohibited by this act has been paid to
10 or received by any person.
11 (4) False or erroneous information was provided in the
12 original notarized application.
13 (5) The organization has been convicted of a violation
14 of this act as evidenced by a certified record of the
15 conviction.
16 (b) Possible revocation.--The [licensing authority]
17 department may revoke the special permit of any organization if
18 it finds that the organization has knowingly employed any person
19 in the operation of their bingo game who has been convicted of a
20 violation of this act.
21 Section 7. Penalty.
22 (a) [Summary offense.--Any association] Violation by
23 association.--
24 (1) Any association receiving $2,000 or less by
25 violating the provisions of this act shall be guilty of a
26 summary offense, and upon conviction thereof shall be
27 sentenced to pay a fine not exceeding $1,000 and shall
28 forfeit any license issued to the association, and it shall
29 be ineligible for a license renewal for 30 months thereafter.
30 (2) Any association receiving in excess of $2,000 by
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1 violating the provisions of this act is guilty of a felony of
2 the third degree and upon conviction thereof shall be
3 sentenced to pay a fine not exceeding $1,000 and shall
4 forfeit any license issued to the association, and it shall
5 be ineligible for a license renewal for 30 months thereafter.
6 (b) [Misdemeanor.--] Violation by individual.--
7 (1) Any person who conducts or assists in the conducting
8 of bingo or who operates or leases premises or personal
9 property and receives $2,000 or less in violation of the
10 provisions of this act, is guilty of a misdemeanor of the
11 first degree.
12 (2) Any person who conducts or assists in the conducting
13 of bingo or who operates or leases a premises or personal
14 property and receives in excess of $2,000 in violation of the
15 provisions of this act is guilty of a felony of the third
16 degree.
17 (3) Any person who permits the conduct of bingo on the
18 same premises, owned by him or leased to him, on more than
19 five days in any one week or by more than one association in
20 any calendar day, except for bingo being played at an
21 exposition, carnival or fair, is guilty of a misdemeanor of
22 the first degree.
23 Section 4. This act shall take effect in 60 days.
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