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," providing for social
9card games.

10The General Assembly of the Commonwealth of Pennsylvania
11hereby enacts as follows:

12Section 1. The act of December 19, 1988 (P.L.1262, No.156),
13known as the Local Option Small Games of Chance Act, is amended
14by adding a chapter to read:

15CHAPTER 8

16SOCIAL CARD GAMES

17Section 801. Definitions.

18The following words and phrases when used in this chapter
19shall have the meanings given to them in this section unless the
20context clearly indicates otherwise:

21"Nonbanking card game." A card game where players play

1against one another rather than against the house. Nonbanking
2card games may include any of the following:

3(1) Poker games.

4(2) Hearts.

5(3) Rummy.

6(4) Pinochle.

7(5) Bid Whist.

8"Nonbanking card game tournament" or "tournament." A series
9of card games held by a licensed eligible organization during a
10consecutive period of time of not more than 24 hours and not
11held as part of any other games of chance.

12"Pyramid" or "build-up." A card game in which a prize must
13be returned in order to play another game or to be eligible for
14another bigger prize, or a game in which the prize must be
15forfeited if a later game is lost.

16"Social card game" or "card game." A nonbanking card game
17that is played by members at the licensed premises of an
18eligible organization.

19Section 802. Authorization to conduct social card games.

20(a) Authorization.--Notwithstanding any provision of 18
21Pa.C.S. (relating to crimes and offenses) or of this act or any
22other law or regulation to the contrary, social card games may
23be played at the licensed premises of an eligible organization
24in accordance with the requirements of this chapter.

25(b) Conditions.--The following shall apply:

26(1) Card games may only be played by and between members
27of the eligible organization.

28(2) The eligible organization or any other person shall
29not have an interest, financial or otherwise, in the outcome
30of any card game.

1(3) Only nonbanking card games may be played with
2members playing against each other.

3(4) Wagering shall be entirely at the discretion of each
4player.

5(5) The maximum prize or payout for a card game shall be
6limited to $100.

7(6) The eligible organization shall not charge a fee for
8play.

9(7) Not more than ten members may play at any table in a
10card game.

11(8) Card games may only be played in a room set aside
12for those activities at the licensed premises of the eligible
13organization.

14(9) Not more than five gaming tables may be made
15available for the play of card games by the eligible
16organization.

17(10) No card games may be played between the hours of 1
18a.m. and 1 p.m.

19(11) No eligible organization or any other person shall
20collect, obtain or charge any percentage of or shall collect
21or obtain any portion of any wager or winnings of any player
22in a card game, except a player may collect his winnings.

23(12) No eligible organization or any other person shall
24collect, or obtain any money from or charge or impose any fee
25upon, any person that either enables the person to play or
26results in or from the person playing a card game, except
27that this paragraph shall not preclude the collection of a
28membership fee by the eligible organization that is unrelated
29to participation in the play of a card game authorized under
30this chapter.

1(13) An eligible organization that allows the use of its
2premises for the play of card games by its members in
3accordance with this chapter shall submit a schedule of the
4proposed dates of such card games and any card game
5tournament to the licensing authority.

6(c) Required postings.--An eligible organization that
7permits the play of card games at its licensed premises shall
8prominently post the following in close proximity of card game
9tables in the room designated to play card games:

10(1) The wagering limits for each type of card game.

11(2) The rules of play.

12(3) Information on where a person can obtain help for
13problem gambling, including the telephone number for the
14Pennsylvania Compulsive Gambling Hotline.

15(d) Prohibitions.--

16(1) It shall be unlawful for an eligible organization
17to:

18(i) Obtain or collect any money or thing of value
19from the conduct of card games at its licensed premises.

20(ii) Knowingly permit a card game to be played in
21violation of this chapter.

22(iii) Fail to comply with the posting requirement in
23accordance with subsection (c).

24(iv) Engage in any act, practice or course of
25conduct that would constitute fraud or deceit upon any
26player in a card game.

27(v) Allow a person under 21 years of age to play a
28card game at its licensed premises.

29(vi) Knowingly allow any person to employ or attempt
30to employ any device, scheme or artifice to cheat or

1defraud any player in a card game.

2(vii) Advertise any card game in violation of
3section 704.

4(2) A licensed organization that violates paragraph (1)
5shall be subject to the penalties imposed under section
6702(d).

7(e) Applicability.--The requirements of sections 502 and 503
8shall not apply to social card games authorized under this
9chapter.

10Section 803. Card game tournaments.

11(a) Authorization.--Notwithstanding any other provision of
12law or regulation to the contrary, an eligible organization may
13conduct nonbanking card game tournaments. A card game tournament
14conducted by an eligible organization shall comply with all of
15the following:

16(1) Only nonbanking card games shall be played in a card
17game tournament.

18(2) Each card game shall be conducted in a fair and
19honest manner and shall not be operated on a build-up or
20pyramid basis.

21(3) Every player in a tournament shall be given the same
22chance of winning the tournament. Second-chance entries or
23multiple entries shall be prohibited.

24(4) The eligible organization shall conduct each
25tournament and shall not contract with or permit another
26person to conduct the tournament or any card game during the
27tournament.

28(5) Only the eligible organization may receive or have
29any fixed or contingent right to receive, directly or
30indirectly, any profit, remuneration or compensation from or

1related to a card game in a card game tournament, except any
2amount that a person may win as a player on the same basis as
3the other players.

4(6) The eligible organization shall not hold more than
5five card game tournaments annually.

6(7) The eligible organization shall not hold a card game
7tournament within seven calendar days of another tournament
8conducted by the eligible organization.

9(8) The eligible organization may hold only one card
10game tournament during any period of 24 consecutive hours,
11starting from the time the tournament begins.

12(9) At the conclusion of each tournament, the eligible
13organization conducting the tournament shall announce the
14name of the winning player and the amount of winnings.

15(10) The eligible organization shall limit the number of
16tables used in the tournament to not more than five with not
17more than ten players at each table.

18(11) A card game tournament shall only be held in a room
19at the licensed premises designated by the eligible
20organization for the conduct of card games.

21(12) Players in tournaments shall be limited to the
22members of the eligible organization.

23(13) Players shall be 21 years of age or older.

24(14) The card game tournament shall not provide any
25direct financial benefit to the eligible organization or any
26other person, except winning players in the tournament.

27(15) The value of all prizes awarded for each
28tournament, except for a Texas Hold'em tournament, shall not
29exceed $200.

30(16) For a tournament involving Texas Hold'em, all of

1the following shall apply:

2(i) The payment of an entry fee or other
3consideration for participating is prohibited.

4(ii) The value of all prizes awarded to an
5individual winner of a tournament or contest at a single
6table shall not exceed $200 each day.

7(17) The eligible organization shall ensure that
8reasonable accommodations are made for players with
9disabilities.

10(b) Required postings.--Notwithstanding subsection (a), the
11eligible organization shall prominently post the tournament
12rules on a sign in the tournament playing room at least 24 hours
13before the tournament begins. The sign shall be at least 30
14inches by 30 inches, and the rules shall be easily readable. The
15sign shall include all of the following:

16(1) In permanent letters three inches high, the words
17"Tournament Rules."

18(2) Card game or games to be played in the tournament
19and the rules of each card game.

20(3) The prize for each card game and tournament.

21(4) How winners will be determined.

22(5) Any other tournament rules.

23(c) Prizes.--Cash or merchandise prizes may be awarded for
24each card game tournament. All of the following shall apply:

25(1) The eligible organization shall distribute the
26prizes awarded on the day the prizes are won.

27(2) Donated or merchandise prizes shall not be
28repurchased by the eligible organization.

29(3) Only prizes that can be won shall be displayed in
30the room where the tournament will be held.

1Section 2. This act shall take effect immediately.