PRINTER'S NO. 3145
No. 2204 Session of 2008
INTRODUCED BY WALKO, JAMES, DERMODY, SOLOBAY, BELFANTI, BRENNAN, BUXTON, CALTAGIRONE, CASORIO, DALEY, FABRIZIO, GEIST, GEORGE, GERGELY, GIBBONS, GOODMAN, GRUCELA, HARHAI, HARKINS, KILLION, KIRKLAND, KORTZ, KOTIK, KULA, LEACH, MAHONEY, MANN, MYERS, D. O'BRIEN, PALLONE, PETRARCA, PETRONE, SABATINA, SANTONI, SEIP, SIPTROTH, THOMAS AND J. WHITE, JANUARY 28, 2008
REFERRED TO COMMITTEE ON GAMING OVERSIGHT, JANUARY 28, 2008
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 4 definitions, for rules for licensing and operation and for 5 revocation of licenses. 6 The General Assembly of the Commonwealth of Pennsylvania 7 hereby enacts as follows: 8 Section 1. The definition of "bingo" in section 3 of the act 9 of July 10, 1981 (P.L.214, No.67), known as the Bingo Law, 10 amended December 15, 1982 (P.L.1299, No.293), is amended and the 11 section is amended by adding definitions 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 * * * 17 ["Bingo." A game in which each player has a card or board
1 containing five horizontal rows all but the central one 2 containing five figures. The central row has four figures with 3 the word "free" marked in the center thereof. Any preannounced 4 combination of spaces when completed by a player constitutes 5 bingo. In the absence of a preannouncement of a combination of 6 spaces, any combination of five in a row whether horizontal or 7 vertical when completed by a player constitutes bingo when its 8 numbers are announced and covered. A wheel or other mechanical 9 device may be used by any person conducting the game of bingo, 10 and any such person may award a prize to any player or players 11 first completing any combination constituting bingo.] 12 "Bingo." A game in which each player has a card or an 13 electronic representation of a card or board which contains 14 numbers and symbols. Any preannounced combination of spaces when 15 completed by a player constitutes bingo if the numbers or 16 symbols are announced and covered. A wheel or other mechanical 17 device, including a random number or symbol generator, may be 18 used by any person physically calling or electronically 19 displaying the game of bingo and any person may award a prize to 20 any player or players first completing any combination 21 constituting bingo. 22 "Bingo session." Authorized bingo games played until the 23 maximum amount of prize money, not including the progressive 24 jackpot, has been given out. 25 "Bingo supplies." Paper, pull tabs or daubers used in 26 conjunction with the game of bingo. 27 * * * 28 "Electronic bingo device." An electronic or mechanical 29 device that is used by a bingo player to mark representations of 30 bingo card faces stored in the device and shall not include any 20080H2204B3145 - 2 -
1 device into which coin, currency or tokens are inserted directly 2 into the device to activate play. An electronic bingo device may 3 be used to participate in any lawful form of bingo. 4 * * * 5 "Lessor." A person that permits the conduct of bingo on a 6 premises owned by or leased to the person. 7 * * * 8 "Prize." The maximum allowed to be paid by an association 9 per bingo session, not including any progressive jackpot. A 10 prize is not considered to be a prize until it is paid to the 11 winning player who must be present during the bingo session the 12 prize was won. The prize must be awarded to the winner in 13 person, either in the form of a check or cash by a bona fide 14 member of the association or an employee of the lessor with whom 15 the association is renting the premises. 16 "Progressive jackpot." An amount given along with the 17 regular prize if a win is obtained in the predetermined number 18 of balls or less. If the win is not obtained in the 19 predetermined number of balls or less, the regular game shall 20 continue. 21 Section 2. Section 5 of the act, amended February 12, 1988 22 (P.L.76, No.14), is amended to read: 23 Section 5. Rules for licensing and operation. 24 (a) Issuance and fee.--The licensing authority shall 25 license, upon application, any association as defined in section 26 3 to conduct the game of bingo at one location in the county, 27 which, when in a county of the second class, shall only be in 28 the city, borough or township where the main business office or 29 headquarters of the association is located. The county treasurer 30 of a county of the second class shall indicate on each license 20080H2204B3145 - 3 -
1 the city, borough or township where the association may conduct 2 bingo. The single municipal location limitation shall not apply 3 to a group of licensed associations conducting bingo at a 4 central location. The license fee to be charged to each 5 nonprofit association shall be $100 per annum except to those 6 recognized senior citizens' groups who conduct bingo for their 7 members only the fee shall be $50 per annum. The license fee to 8 be charged to each agricultural association or county fair shall 9 be $100 per annum. Associations which conduct bingo only one 10 period each year for not more than three consecutive days shall 11 be charged $15 for the issuance of their license. The fees 12 collected pursuant to this section shall be paid by the 13 licensing authority into the general fund of the county and used 14 for county purposes. All records retained by the licensing 15 authority relating to the issuance of bingo licenses and bingo 16 permits shall be public information. 17 (b) Display.--Licenses issued pursuant to this section shall 18 be publicly displayed at games conducted by licensees. 19 (c) Operation.--Each licensed association shall comply with 20 the following restrictions and rules governing the operation of 21 bingo: 22 [(1) No person under the age of 18 shall be permitted to 23 play bingo unless accompanied by an adult. 24 (2) No association shall conduct bingo more than twice 25 in any one week, except an association shall be permitted to 26 conduct the game of bingo for a period not to exceed ten days 27 at the association's exposition, carnival or fair site in 28 addition to the regularly scheduled games. 29 (3) Prizes awarded shall not exceed a value of $250 for 30 any one game of bingo, except for jackpot games which shall 20080H2204B3145 - 4 -
1 not exceed a value of $2,000 for one such game. In addition, 2 no more than $4,000 in prizes shall be awarded in any 3 calendar day. 4 (4) Only associations licensed to conduct bingo shall be 5 permitted to advertise their bingo games. Such advertisements 6 shall contain the date, time, location, whether cash or 7 merchandise prizes will be awarded and the name of the 8 association licensed to conduct the bingo game and the name 9 of the individual in charge of the operation of the game. An 10 association shall not advertise the prizes or their dollar 11 value which will be awarded nor shall they advertise a 12 guaranteed prize dollar value. 13 (5) The association shall own the equipment used in 14 playing bingo or shall sign a written agreement leasing the 15 equipment from another licensed association for a fee which 16 is not determined by the amount of receipts realized from the 17 playing of bingo or the number of people attending bingo 18 games. Joint ownership of bingo equipment shall be permitted 19 only if both owners of the equipment are licensed 20 associations. This paragraph shall not apply to associations 21 contracting charitable organizations or outside operators to 22 conduct bingo at expositions, carnivals or fairs. 23 (6) The association shall own both the premises upon 24 which bingo is played and the personal property used in the 25 conduct of the game, or if it does not, the association shall 26 sign a written agreement leasing such premises or personal 27 property from the owner thereof for a fee which is not 28 determined by either the amount of receipts realized from the 29 playing of bingo or the number of people attending bingo 30 games. An association shall not lease such premises or 20080H2204B3145 - 5 -
1 personal property from any person who has been convicted of a 2 felony or a violation of this act.] 3 (1) No person under the age of 18 shall be permitted to 4 play bingo unless accompanied by an adult. Children under 18 5 years of age shall not be permitted to play bingo using an 6 electronic bingo device. 7 (2) No association shall conduct bingo more than four 8 times in any one week, except an association shall be 9 permitted to conduct the game of bingo for a period not to 10 exceed four days at the association's exposition, carnival or 11 fair site in addition to the regularly scheduled games. 12 (3) No more than $10,000 in prizes shall be awarded in 13 any calendar day. The value of a progressive jackpot shall 14 not be subject to the prize limitation under this paragraph. 15 (4) (Reserved) 16 (5) The association shall own the equipment used in 17 playing bingo or shall sign a written agreement leasing the 18 equipment from another licensed association for a fee which 19 is not determined by the amount of receipts realized from the 20 playing of bingo or the number of people attending bingo 21 games. Joint ownership of bingo equipment shall be permitted 22 only if both owners of the equipment are licensed 23 associations. This paragraph shall not apply to associations 24 contracting charitable organizations or outside operators to 25 conduct bingo at expositions, carnivals or fairs. The 26 association can be charged a per use fee on an electronic 27 bingo device used during the bingo occasion. The per use fee 28 may not be determined by the amount of receipts realized from 29 the playing of bingo or the number of people attending bingo 30 games. 20080H2204B3145 - 6 -
1 (6) The association shall own both the premises upon 2 which bingo is played and the personal property used in the 3 conduct of the game, or if it does not, the association shall 4 sign a written agreement leasing such premises or personal 5 property from the owner thereof for a fee which is not 6 determined by either the amount of receipts realized from the 7 playing of bingo or the number of people attending bingo 8 games. An association shall not lease such premises or 9 personal property from any person who has been convicted of a 10 felony or a violation of this act. 11 (7) Each association shall keep written records of the 12 moneys and merchandise collected and distributed for each day 13 they conduct bingo. These records shall indicate the total 14 proceeds collected, the total prize money distributed, the 15 total value of all merchandise awarded as a prize and the 16 amount of moneys paid as rentals or wages and to whom such 17 rentals or wages were paid. All prizes awarded having a value 18 greater than $250 shall be specifically described in the 19 association's records. 20 (8) Each association shall deposit with a financial 21 institution all proceeds for each day's bingo game in an 22 account in the association's name. This deposit shall be made 23 before any of the proceeds may be used for any other purpose, 24 except for payment of prize money and compensation to members 25 employed in the operation of the game. The following shall 26 apply: 27 (i) No supplier of equipment, bingo supplies or 28 electronic bingo devices shall sell, offer to sell or 29 deliver any equipment, bingo supplies or electronic bingo 30 devices to any licensed organization in this Commonwealth 20080H2204B3145 - 7 -
1 and no organization shall buy or accept delivery of any 2 equipment, bingo supplies or electronic bingo devices, 3 except on terms of immediate payment or on terms 4 requiring payment no later than the 15th day following 5 that on which actual delivery is made. If any payment is 6 not made when due, the supplier shall immediately notify 7 the district attorney of the county in which the 8 organization is located of the default, after which no 9 person shall sell any equipment, bingo supplies or 10 electronic bingo devices to the organization in default 11 on any other terms than immediate payment, until 12 otherwise authorized by the district attorney. Under 13 penalty of suspension of its license, the organization 14 which is in default shall pay its obligation in full 15 within 30 days from the date it became due. 16 (ii) No supplier of equipment, bingo supplies or 17 electronic bingo devices shall accept payment from a 18 licensed organization for any equipment, bingo supplies 19 or electronic bingo devices unless that payment is in the 20 form of a check bearing the organization's license number 21 and drawn on the organization's separate charitable 22 gaming account. 23 (iii) Any licensee who violates this section may 24 have its license suspended for not more than 60 days for 25 a first or a subsequent offense. Each failure of an 26 organization to make payment for any default before the 27 expiration of the period suspension constitutes a 28 subsequent offense. Additionally, the organization may be 29 required to make payments for all equipment, bingo 30 supplies or electronic bingo devices subsequently 20080H2204B3145 - 8 -
1 purchased. 2 [(9) No association shall permit any person who is not a 3 bona fide member of the association or who has been convicted 4 of a felony or a violation of this act to manage, set up, 5 supervise or participate in the operation of the 6 association's bingo games. Nothing contained in this act 7 shall be construed to prohibit individuals under 18 years of 8 age from participating in the operation of the game and being 9 compensated therefor if written permission is obtained from 10 their parent or guardian.] 11 (9) An association shall permit any person who is a bona 12 fide member of the association or an employee of a lessor to 13 manage, set up, supervise or participate in the operation of 14 the association's bingo games. No association shall permit 15 any person who has been convicted of a felony or a violation 16 of this chapter to manage, set up, supervise or participate 17 in the operation of the association's bingo games. Nothing 18 contained in this chapter shall be construed to prohibit 19 individuals under 18 years of age from participating in the 20 operation of the game and being compensated therefor if 21 written permission is obtained from their parent or guardian. 22 (10) Associations which obtain a license for the purpose 23 of conducting bingo at an exposition, carnival or fair for a 24 period not exceeding ten days shall be permitted to contract 25 a charitable organization to manage, set up, supervise or 26 participate in the operation of the bingo game provided only 27 merchandise prizes are awarded. Only bona fide members of the 28 contracted charitable organization shall be permitted to 29 participate in the operation of the bingo game. If no 30 charitable organizations are available, the association may 20080H2204B3145 - 9 -
1 contract an outside operator to conduct the game for 2 merchandise at the exposition, carnival or fair site. The 3 provisions of this paragraph shall not be construed to allow 4 bingo games to be ordinarily carried out on a commercial 5 basis in this Commonwealth. 6 (11) No person shall participate in the operation of 7 bingo games on more than four days in any calendar week, 8 which games may be operated by no more than two different 9 licensed associations. This provision shall not apply to 10 persons engaged in the operation of bingo for merchandise at 11 expositions, carnivals or fairs not exceeding ten days in 12 duration. 13 (12) No supplier of merchandise nor any person who has 14 been convicted of a felony or a violation of this act shall 15 have a pecuniary interest in the operation or proceeds of the 16 bingo game. 17 (d) Application for license.--Each association shall apply 18 to the licensing authority for a license on a form to be 19 prescribed by the Secretary of the Commonwealth. Said form shall 20 contain an affidavit to be affirmed by the executive officer or 21 secretary 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 Children under 18 years of age shall not be permitted to play 25 bingo using an electronic bingo device. 26 (2) The facility in which any game of bingo is to be 27 played does have adequate means of ingress and egress and 28 adequate sanitary facilities available in the area. 29 (3) The association is the sole or joint owner with a 30 licensed association of the equipment used in playing bingo 20080H2204B3145 - 10 -
1 or it leases the equipment from another licensed association 2 under a written agreement for a fee which is not determined 3 by the amount of receipts realized from the playing of bingo 4 or the number of people attending bingo games. This paragraph 5 shall not apply to associations contracting with charitable 6 organizations or outside operators to conduct bingo at 7 expositions, carnivals or fairs. 8 (4) The association is the owner of both the premises 9 upon which bingo is played and the personal property used in 10 the conduct of the game or, if it is not, that the 11 association is not leasing such premises or personal property 12 from the owner thereof under an oral agreement, nor is it 13 leasing such premises or personal property from the owner 14 thereof under a written agreement at a rental which is 15 determined by either the amount of receipts realized from the 16 playing of bingo or the number of people attending bingo 17 games, nor is it leasing such premises or personal property 18 from a person who has been convicted of a felony or a 19 violation of this act. 20 (5) The association will not conduct the playing of 21 bingo more than [twice] four times per week in any one week, 22 except those associations conducting bingo at expositions, 23 carnivals or fairs. 24 (6) The association in any calendar day will not award a 25 total of more than [$4,000] $10,000 in prizes. 26 (7) The association is a nonprofit association as 27 defined in this act. 28 [(e) Limitation on compensation.--No person may be employed 29 in the operation or the actual running of a bingo game for 30 compensation greater than $50 per day, except employees of 20080H2204B3145 - 11 -
1 outside operators under section 5(c)(10), and any person 2 compensated shall be paid individually by check or by cash, in 3 which case the payee shall sign a written receipt therefor. In 4 addition, no person shall receive compensation from more than 5 one source for services rendered in the operation of a bingo 6 game.] 7 (e) Compensation.--Any person compensated shall be paid 8 individually by check or by cash, in which case the payee shall 9 sign a written receipt. 10 (f) Investigation of association.--The licensing authority 11 may request an investigation to verify the statements made in 12 any application for a license. 13 Section 3. The act is amended by adding a section to read: 14 Section 5.1. Progressive jackpots. 15 (a) Permitted.--A licensed charitable organization or 16 organizations playing at the same location may deposit a 17 predetermined amount of money before each licensed call bingo 18 session into a special account in order to offer a progressive 19 jackpot prize. 20 (b) Participating organizations.--A participating 21 organization may conduct a progressive jackpot game which shall 22 be in conjunction with the organization's regular bingo games. 23 (c) Contents.--A progressive jackpot shall consist of all 24 contributions made by participating organizations. 25 (d) Method of winning.--A progressive jackpot is won along 26 with a regular jackpot prize when a player achieves a win in a 27 predetermined number of balls or less. If the win is not 28 obtained in the predetermined number of balls or less, the 29 organization's regular game shall continue. 30 (e) Checking account.--A separate checking account shall be 20080H2204B3145 - 12 -
1 opened by the participating organization for the progressive 2 jackpot. The following shall apply: 3 (1) The account shall be in the name of "Charitable 4 Gaming Progressive Jackpot Account" which shall be imprinted 5 on all checks. Checks from this account shall require two 6 signatures. 7 (2) If the organizations are using a lessor, the lessor 8 shall designate a representative who shall make deposits of 9 all funds contributed to the progressive jackpot by 10:00 10 a.m. on the next banking day and who shall be responsible for 11 maintaining the checking account in accordance with generally 12 accepted accounting principles. 13 (3) Designated representatives of the lessor and each 14 participating organization shall be authorized signatories on 15 the account and shall be in attendance at the location at the 16 conclusion of each respective organization's progressive 17 jackpot game for the purpose of issuing a check bearing 18 signatures of the lessor representative and the organization 19 representative from the special account to the winner. If no 20 lessor is involved, the organization shall have two of its 21 representatives at the location to sign and issue a check. 22 (4) All banking fees and costs shall be borne by the 23 lessor or the organization, if no lessor is involved. 24 (f) Contribution.--Each participating organization shall 25 submit a check to the designated lessor representative for the 26 predetermined amount prior to the commencement of the 27 organization's scheduled call bingo session made payable to the 28 charitable gaming progressive jackpot account. The contribution 29 shall be nonrefundable except in the event of premises closure. 30 Each predetermined contribution shall constitute part of the 20080H2204B3145 - 13 -
1 total amount of prizes awarded during that call bingo session. 2 If no lessor is involved, the organization shall make a check 3 payable to its charitable gaming progressive jackpot account. 4 The contribution shall be nonrefundable except in the event of 5 premises closure. Each predetermined contribution shall 6 constitute part of the total amount of prizes awarded during 7 that call bingo session. The following shall apply: 8 (1) The dollar amount of the progressive jackpot shall 9 be continuously and conspicuously displayed during all bingo 10 sessions conducted by participating organizations at the 11 location within view of all patrons purchasing progressive 12 jackpot cards. 13 (2) All checks written to a charitable gaming 14 progressive jackpot account shall be reported as part of the 15 bingo reports when requested by the local district attorney's 16 office. 17 (3) The organization involved in the progressive jackpot 18 may establish a maximum cap. Participating organizations may, 19 prior to the progressive jackpot being won, raise but may not 20 lower the maximum jackpot or cap. The following shall apply: 21 (i) In the event that the maximum progressive 22 jackpot or cap established is reached, the organizations 23 may continue to make contributions to the charitable 24 gaming progressive jackpot account in order to accumulate 25 a second or subsequent jackpot. Once the maximum jackpot 26 or cap is reached, the participating organizations shall 27 not offer any subsequent progressive jackpot prize until 28 the time that the first progressive jackpot prize is won. 29 (ii) The dollar amount of the maximum jackpot or cap 30 as established by the organizations shall be continuously 20080H2204B3145 - 14 -
1 and conspicuously displayed with the current dollar 2 amount of the progressive jackpot. 3 Section 4. Section 6 of the act, amended December 15, 1982 4 (P.L.1299, No.293), is amended to read: 5 Section 6. Revocation of licenses. 6 (a) Grounds.--The licensing authority shall revoke or refuse 7 to renew the license of any association whenever the district 8 attorney finds upon investigation that: 9 (1) Any of the funds derived from the operation of the 10 game of bingo are used for any purpose which does not support 11 the nonprofit purposes of the association. 12 (2) Any person under the age of 18 unaccompanied by an 13 adult is playing bingo as herein defined. 14 (3) The facility in which any game of bingo is played 15 does not have adequate means of ingress and egress or does 16 not have adequate sanitary facilities available in the area. 17 (4) [Greater compensation than is herein authorized has 18 been paid to or received by any person, or that a person or 19 persons other than those authorized in section 5 have been 20 involved in managing, setting up, operating or running the 21 game.] (Reserved). 22 (5) The association conducts bingo using bingo equipment 23 which it does not own solely or jointly with another licensed 24 association or which it leases in violation of the statement 25 contained in its license application provided by section 26 5(d)(3). 27 (6) The association conducts bingo upon premises which 28 it does not own or with personal property it does not own and 29 is either: 30 (i) leasing such premises or personal property used 20080H2204B3145 - 15 -
1 in the conduct of the game from the owner thereof under 2 an oral agreement; 3 (ii) leasing such premises or personal property from 4 the owner thereof under a written agreement at a rental 5 which is determined by either the amount of receipts 6 realized from the playing of bingo or the number of 7 people attending bingo games; or 8 (iii) leasing such premises or personal property 9 from a person who has been convicted of a felony or a 10 violation of this act. 11 (7) False or erroneous information was provided in the 12 original notarized application. 13 (8) An association has been convicted of a violation of 14 this act as evidenced by a certified record of the 15 conviction. 16 (b) Production of records.--The district attorney may 17 require the licensees to produce their books, accounts and 18 records relating to the conduct of bingo in order to determine 19 whether a license should be revoked or renewal thereof denied. 20 Licensees shall also be required to produce their license, 21 books, accounts and records relating to the conduct of bingo to 22 other law enforcement officials upon proper request. 23 (c) Possible revocation.--The licensing authority may revoke 24 the license of any association if he finds that the association 25 has knowingly employed any person in the operation of their 26 bingo game who has been convicted of a violation of this act. 27 Section 5. This act shall take effect in 60 days. A14L04SFL/20080H2204B3145 - 16 -