AN ACT

 

1Amending the act of December 19, 1988 (P.L.1262, No.156),
2entitled, as amended, "An act providing for the licensing of
3eligible organizations to conduct games of chance, for the
4licensing of persons to distribute games of chance, for the
5registration of manufacturers of games of chance, and for
6suspensions and revocations of licenses and permits;
7requiring records; providing for local referendum by
8electorate; and prescribing penalties," further providing for
9definitions, for major league sports drawing and for
10licensing of eligible organizations to conduct games of
11chance.

12The General Assembly of the Commonwealth of Pennsylvania
13hereby enacts as follows:

14Section 1. The definitions of "affiliated nonprofit 
15organization," "major league sports drawing" and "major league 
16sports team" in section 103 of act of December 19, 1988 
17(P.L.1262, No.156), known as the Local Option Small Games of 
18Chance Act, added October 24, 2012 (P.L.1462, No.184), are 
19amended and the section is amended by adding <-a definition 
<-20definitions to read:

21Section 103. Definitions.

1The following words and phrases when used in this act shall
2have the meanings given to them in this section unless the
3context clearly indicates otherwise:

4* * *

5"Affiliated nonprofit organization." An organization
6established by or affiliated with a Major League Baseball, 
7National Football League, National Hockey League, National
8Basketball Association or Major League Soccer team, or its 
9affiliate, for the purpose of raising funds for charity, which
10is qualified for an exemption under section 501(c)(3) of the
11Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §
12101(c)(3).

13* * *

<-14"Home game." A game of a major league sports team or its
15affiliate, including, but not limited to, a league-sponsored
16game, exhibition, regular season game, All-Star game, play-off
17game, and championship game, held at the home facility of the
18major league sports team or its affiliate.

19["Major league sports drawing." A 50/50 drawing conducted by 
20an affiliated nonprofit organization at a home game of a major 
21league sports team in which 50% of the money collected from 
22ticket sales from the drawing are offered as the prize and the 
23remaining 50% is retained by the affiliated nonprofit 
24organization sponsoring the drawing for distribution to 
25charitable organizations.]

26"Major league sports team." A professional team that is a
27member of Major League Baseball, the National Football League,
28the National Hockey League, the National Basketball Association
29or Major League Soccer.

30* * *

1"Professional sports drawing." A 50/50 drawing conducted by
2an affiliated nonprofit organization at a home game <-of a major
3league sports team, or its affiliate, in which 50% of the money
4collected from ticket sales from the drawing is offered as the
5prize and the remaining 50% is retained by the affiliated
6nonprofit organization sponsoring the drawing for distribution
7to charitable organizations.

8* * *

9Section 2. Section 304.1 of the act, added October 24, 2012
10(P.L.1462, No.184), is amended to read:

11Section 304.1. [Major league] Professional sports drawing.

12(a) General rule.--A person may purchase one or more [major
13league] professional sports drawing tickets at a home game, and
14each ticket purchased shall represent one entry in the drawing
15for a winner. A single ticket shall be randomly chosen as the
16winner after a certain number of tickets are sold or a specified
17time period expires as designated by the affiliated nonprofit
18organization.

19(b) Frequency.--An affiliated nonprofit organization may
20conduct no more than one [major league] professional sports
21drawing per home game.

22(b.1) Sales restricted.--Tickets for a [major league] 
23professional sports drawing may not be sold in any seating area
24designated as a family section.

25(c) Distribution.--The prize amount of a [major league] 
26professional sports drawing shall be 50% of the total amount
27collected from the sale of [major league] professional sports
28drawing tickets. The other 50% of the total amount collected
29from the sale of [major league] professional sports drawing
30tickets shall be donated within seven days from the date of the

1drawing by the affiliated nonprofit organization conducting the
2[major league] professional sports drawing to a designated
3charitable organization for which the drawing was conducted.

4(d) Designated charitable organization.--The affiliated
5nonprofit organization conducting the [major league] 
6professional sports drawing shall disclose to all ticket
7purchasers the designated charitable organization for which the
8[major league] professional sports drawing is being conducted.

9(e) Eligibility.--In order to receive proceeds from a [major
10league] professional sports drawing, a charitable organization
11must be in existence and fulfilling its purposes for at least
12two years prior to the drawing and shall be eligible for
13exemption under section 501(c)(3) of the Internal Revenue Code
14of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)). A political
15subdivision shall not qualify as a charitable organization under
16this section.

17(f) Unclaimed prizes.--Any [major league baseball] 
18professional sports drawing prize remaining unclaimed by a
19winner at the end of the major league sports team's, or its 
20affiliate's, season shall be donated within 30 days from the end
21of the season by the affiliated nonprofit organization to the
22designated charitable organization for which the [major league] 
23professional sports drawing was conducted.

24(g) Applicability.--The limitations under sections 302,
25303(b), 308 and 704 shall not apply to a [major league] 
26professional sports drawing.

27Section 3. Section 307(b.1)(5) of the act, amended October
2824, 2012 (P.L.1462, No.184), is amended to read:

29Section 307. Licensing of eligible organizations to conduct
30games of chance.

1* * *

2(b.1) Location of games of chance.--

3* * *

4(5) For purposes of [major league] professional sports
5drawings, the facility at which a major league sports team, 
6or its affiliate, conducts its games shall constitute a
7premises for purposes of this act.

8* * *

9Section 4. This act shall take effect in 60 days.