See other bills
under the
same topic
PRINTER'S NO. 2225
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1656
Session of
2017
INTRODUCED BY FARRY, NEILSON, BIZZARRO, MEHAFFIE, DAVIS,
GALLOWAY, TAYLOR, SIMMONS AND IRVIN, JULY 11, 2017
REFERRED TO COMMITTEE ON GAMING OVERSIGHT, JULY 11, 2017
AN ACT
Amending Title 4 (Amusements) of the Pennsylvania Consolidated
Statutes,
in general provisions, further providing for definitions;
in Pennsylvania Gaming Control Board, further providing
for general and specific powers and providing for hybrid and
skill-based devices;
in licensees, further providing for Category 3 slot
machine license, for slot machine testing and certification
standards, for license renewals and for multiple slot machine
license prohibition;
in table games, further providing for table game device
and associated equipment testing and certification standards;
providing for Category 4 locations, for airport gaming
and for sports wagering;
in revenues, further providing for gross terminal revenue
deductions, for establishment of State Gaming Fund and net
slot machine revenue distribution and providing for gaming
tax normalization;
in administration and enforcement, further providing for
liens and suits for taxes and for prohibited acts and
penalties and providing for casino liquor license;
in miscellaneous provisions, further providing for
repayments to State Gaming Fund;
in keno, providing for general provisions, for
authorization of lottery game, for operation and for revenue;
and
making related repeals.
The General Assembly of the Commonwealth of Pennsylvania
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
hereby enacts as follows:
Section 1. The definitions of "commission" or "commissions,"
"licensed facility" and "slot machine" in section 1103 of Title
4 of the Pennsylvania Consolidated Statutes are amended and the
section is amended by adding definitions to read:
§ 1103. Definitions.
The following words and phrases when used in this part shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Airport authority." The governing body of a municipal
authority incorporated under 53 Pa.C.S. Ch. 56 (relating to
municipal authorities) to oversee the operations of an
international airport in a county or the governing body of a
city of the first class that regulates or owns an international
airport.
"Airport gaming area." A location within an international
airport that is beyond the point where passengers pass through
security and which is approved by the board for the placement of
slot machines.
* * *
["Commission" or "commissions."] "Commission." The State
Horse Racing Commission [or the State Harness Racing Commission,
or both as the context may require] established under 3 Pa.C.S.
§ 9311 (relating to State Horse Racing Commission).
* * *
"Eligible passenger." An individual 21 years of age or older
who has cleared security checkpoints with a valid airline
boarding pass for travel from the airport to another destination
by airplane.
20170HB1656PN2225 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
* * *
"Hybrid device." A device that an individual provides
consideration to play in exchange for the opportunity to win
cash, cash equivalents, free games, credits or any other unit
that can be redeemed for cash, and in which a combination of the
skill of the player and elements of chance determines the
outcome of the game featured on the device. The term does not
include a video gaming terminal.
* * *
"Licensed facility." The physical land-based location at
which a licensed gaming entity is authorized to place and
operate slot machines and, if authorized by the Pennsylvania
Gaming Control Board under Chapter 13A (relating to table
games), to conduct table games. The term includes any:
(1) area of a licensed racetrack at which a slot machine
licensee was previously authorized pursuant to section
1207(17) (relating to regulatory authority of board) to
operate slot machines prior to the effective date of this
paragraph;
(2) board-approved interim facility or temporary
facility; [and]
(3) area of a hotel which the Pennsylvania Gaming
Control Board determines is suitable to conduct table
games[.];
(4) an airport gaming area; and
(5) a board-approved Category 4 location.
* * *
"Pari-mutuel wagering." A form of wagering, including
manual, electronic, computerized and other forms of wagering as
approved by the commission, on the outcome of a horse racing
20170HB1656PN2225 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
event in which all wagers are pooled and held by a licensed
racing entity or secondary pari-mutuel organization for
distribution of the total amount, minus the deductions
authorized by law, to holders of winning tickets.
* * *
"Qualified airport." A publicly owned commercial service
airport that is designated by the Federal Government as an
international airport.
* * *
"Skill." The knowledge, adroitness, acumen, dexterity or
other mental or physical skill of an individual.
"Skill-based device." A device on which an individual
provides consideration to play in exchange for the opportunity
to win cash, cash equivalents, free games, credits or any other
unit that can be redeemed for cash, and in which the skill of
the player, rather than the elements of chance, is the
predominant factor in affecting the outcome of the game featured
on the device. The term does not include a video gaming
terminal.
"Slot machine."
(1) Any mechanical, electrical or computerized
contrivance, terminal, machine or other device approved by
the Pennsylvania Gaming Control Board which, upon insertion
of a coin, bill, ticket, token or similar object therein or
upon payment of any consideration whatsoever, including the
use of any electronic payment system except a credit card or
debit card, unless otherwise authorized under this title, is
available to play or operate, the play or operation of which,
whether by reason of skill or application of the element of
chance or both, may deliver or entitle the person or persons
20170HB1656PN2225 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
playing or operating the contrivance, terminal, machine or
other device to receive cash, billets, tickets, tokens or
electronic credits to be exchanged for cash or to receive
merchandise or anything of value whatsoever, whether the
payoff is made automatically from the machine or manually. A
slot machine:
[(1)] (i) May utilize spinning reels or video
displays or both.
[(2)] (ii) May or may not dispense coins, tickets or
tokens to winning patrons.
[(3)] (iii) May use an electronic credit system for
receiving wagers and making payouts.
(2) The term shall include associated equipment
necessary to conduct the operation of the contrivance,
terminal, machine or other device.
(3) The term shall include hybrid devices and skill-
based devices.
* * *
"Video gaming terminal." An electronic video game machine
that, upon insertion of cash, electronic cards or vouchers, or
any combination of cash, electronic cards or vouchers, is
available to play or simulate the play of a video game,
including, but not limited to, video poker, line up, blackjack,
bingo, keno, slow machine or other type of game utilizing a
video display and microprocessors in which, by skill or by
chance, the player may receive free games or credits that can be
redeemed for cash.
Section 2. Section 1202(a)(1) of Title 4 is amended and
subsection (b) is amended by adding paragraphs to read:
§ 1202. General and specific powers.
20170HB1656PN2225 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(a) General powers.--
(1) The board shall have general and sole regulatory
authority over the conduct of gaming or related activities as
described in this part. The board shall ensure the integrity
of the acquisition and operation of slot machines, including
hybrid devices and skill-based devices, table games, table
game devices and associated equipment and shall have sole
regulatory authority over every aspect of the authorization,
operation and play of slot machines [and table games.],
including hybrid devices and skill-based devices, table
games, airport gaming, sports wagering and related devices
and equipment.
* * *
(b) Specific powers.--The board shall have the specific
power and duty:
* * *
(12.2) At its discretion, to issue, approve, renew,
revoke, suspend, condition or deny issuance or renewal of a
certification to conduct gaming at an airport.
(12.3) At its discretion, to issue, approve, renew,
revoke, suspend, condition or deny issuance of a permit to
conduct gaming at a Category 4 location.
* * *
(16.1) To impose administrative, civil or other
penalties or sanctions against a person that offers for play
or conducts hybrid or skill-based devices without
authorization from the board as required under this part.
* * *
Section 3. Title 4 is amended by adding a section to read:
§ 1210.1. Hybrid and skill-based devices.
20170HB1656PN2225 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(a) Authorization.--The board shall:
(1) Authorize the placement of hybrid and skill-based
devices in licensed facilities, including Category 4
locations.
(2) Establish standards to test and approve the
operation of hybrid and skill-based devices.
(3) Adopt temporary regulations as necessary to
implement the oversight of hybrid and skill-based devices,
which shall expire no later than two years following
publication. The board may promulgate temporary regulations
which shall not be subject to the following:
(i) Sections 201, 202, 203, 204 and 205 of the act
of July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(ii) The act of June 25, 1982 (P.L.633, No.181),
known as the Regulatory Review Act.
(iii) Sections 204(b) and 301(10) of the act of
October 15, 1980 (P.L.950, No.164), known as the
Commonwealth Attorneys Act.
(4) The board's authority to adopt temporary regulations
under paragraph (3) shall expire two years after the
effective date of this subsection. Regulations adopted after
this period shall be promulgated as provided by law.
(b) Complement.--Hybrid and skill-based devices placed and
made available for play in a licensed facility shall be included
within a slot machine licensee's complement of slot machines
under sections 1210 (relating to number of slot machines) and
1305 (relating to Category 3 slot machine license).
(c) Tax.--
(1) Gross terminal revenue from hybrid and skill-based
20170HB1656PN2225 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
devices placed at a licensed facility other than a Category 4
location or airport gaming area shall be subject to the taxes
and assessments established under sections 1403 (relating to
establishment of State Gaming Fund and net slot machine
revenue distribution), 1405 (relating to Pennsylvania Race
Horse Development Fund) and 1407 (relating to Pennsylvania
Gaming Economic Development and Tourism Fund).
(2) Gross terminal revenue from hybrid and skill-based
devices placed at a Category 4 location shall be subject to
the tax and assessment imposed under section 13C07 (relating
to Category 4 location taxes).
(3) Gross terminal revenue from hybrid and skill-based
devices placed in an airport gaming area shall be subject to
the tax imposed under section 13D06 (relating to tax).
(d) Prohibited acts.--
(1) A person that does not possess a slot machine
license may not offer, make available for play or conduct
hybrid or skill-based devices within this Commonwealth.
(2) A person may not accept any form of consideration
from a person in this Commonwealth in exchange for or in
conjunction with the play of a hybrid or skill-based device.
(3) A person that violates this subsection commits a
misdemeanor of the third degree. A violation of this
subsection may be enforced under section 1517(c), (c.1) and
(d) (relating to investigations and enforcement).
(4) The Office of Enforcement Counsel may enforce
violations of this subsection.
(5) Upon the finding of a violation of paragraph (1) or
(2), the board may impose an administrative penalty of not
less than $10,000 for each violation. Each day on which an
20170HB1656PN2225 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
unauthorized hybrid or skill-based device is offered for play
by a person and each unauthorized wager accepted by a person
shall constitute a separate violation.
(6) In addition to the administrative penalty
established under paragraph (5), the board may also order the
disgorgement of all funds received by a person through the
unauthorized conduct under paragraphs (1) and (2). Disgorged
funds shall be forfeited to the Commonwealth and deposited
into the Compulsive and Problem Gambling Treatment Fund under
section 1509(b) (relating to compulsive and problem gambling
program).
Section 4. Section 1305(a)(1) of Title 4 is amended and the
subsection is amended by adding a paragraph to read:
§ 1305. Category 3 slot machine license.
(a) Eligibility.--
(1) A person may be eligible to apply for a Category 3
slot machine license if the applicant, its affiliate,
intermediary, subsidiary or holding company has not applied
for or been approved or issued a Category 1 or Category 2
slot machine license and the person is seeking to locate a
Category 3 licensed facility in a well-established resort
hotel having no fewer than 275 guest rooms under common
ownership and having substantial year-round recreational
guest amenities. The applicant for a Category 3 license shall
be the owner or be a wholly owned subsidiary of the owner of
the well-established resort hotel. [A] Except as provided
under paragraph (1.2), a Category 3 license may only be
granted upon the express condition that an individual may not
enter a gaming area of the licensed facility if the
individual is not any of the following:
20170HB1656PN2225 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(i) A registered overnight guest of the well-
established resort hotel.
(ii) A patron of one or more of the amenities
provided by the well-established resort hotel.
(iii) An authorized employee of the slot machine
licensee, of a gaming service provider, of the board or
of any regulatory, emergency response or law enforcement
agency while engaged in the performance of the employee's
duties.
(iv) An individual holding a valid membership
approved in accordance with paragraph (1.1) or a guest of
such individual.
* * *
(1.2) The conditions under paragraph (1) shall not apply
to a Category 3 licensee if the Category 3 slot machine
licensee makes a payment to the Commonwealth for deposit in
the General Fund as follows:
(i) For a Category 3 licensed facility located in a
first class, second class, second class A or third class
county, $5,000,000.
(ii) For a Category 3 licensed facility located in a
fourth class, fifth class, sixth class, seventh class or
eighth class county, $2,500,000.
* * *
Section 5. Section 1320(a) of Title 4 is amended and the
section is amended by adding a subsection to read:
§ 1320. Slot machine testing and certification standards.
(a) Use of other state standards.--[Until such time as the
board establishes an independent testing and certification
facility pursuant to subsection (b), the] The board may
20170HB1656PN2225 - 10 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
determine, at its discretion, whether the slot machine testing
and certification standards of another jurisdiction within the
United States in which an applicant for a manufacturer license
is licensed are comprehensive and thorough and provide similar
adequate safeguards as those required by this part. If the board
makes that determination, it may permit a manufacturer through a
licensed supplier as provided in section 1317 (relating to
supplier [and manufacturer] licenses [application]) to deploy
those slot machines which have met the slot machine testing and
certification standards in such other jurisdictions without
undergoing the full testing and certification process by a
board-established independent facility. In the event slot
machines of an applicant for a manufacturer license are licensed
in such other jurisdiction, the board may determine to use an
abbreviated process requiring only that information determined
by the board to be necessary to consider the issuance of a slot
machine certification to such an applicant. [Alternatively, the
board in its discretion may also rely upon the certification of
a slot machine that has met the testing and certification
standards of a board-approved private testing and certification
facility until such time as the board establishes an independent
testing and certification facility pursuant to subsection (b).
Nothing in this section shall be construed to waive any fees
associated with obtaining a license through the normal
application process.]
* * *
(b.1) Use of private testing and certification facilities.--
Notwithstanding any other provisions of this part, if a slot
machine is tested and certified by a private testing and
certification facility registered with the board, the board
20170HB1656PN2225 - 11 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
shall use an abbreviated certification process requiring only
that information determined by the board to be necessary to
consider the issuance of a slot machine certification under this
section. Within one year of the effective date of this
subsection, the board shall promulgate regulations that:
(1) Provide for the registration of private testing and
certification facilities. A person seeking registration under
this subsection shall be subject to section 1202(b)(9)
(relating to general and specific powers).
(2) Specify the form and content of the application for
registration.
(3) Establish and collect an application fee for persons
seeking registration. The application fee shall include the
costs of all background investigations as determined
necessary and appropriate by the bureau.
(4) Establish uniform procedures and standards which
private testing and certification facilities must comply with
during the testing and certification of slot machines.
(5) Utilize information provided by private testing and
certification facilities for the abbreviated certification of
slot machines.
(6) Establish an abbreviated certification process that
may be used by registered private testing and certification
facilities to test and certify slot machines.
(7) Establish fees that must be paid by licensed
manufacturers.
(8) Require slot machines submitted for abbreviated
certification to be approved or denied by the board within 30
days from the date of submission to the board. If the board
fails to act within the 30-day period, the abbreviated
20170HB1656PN2225 - 12 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
certification shall be deemed conditionally approved.
(9) Provide procedures and standards for the suspension
and revocation of the registration of a private testing and
certification facility and the reinstatement of a suspended
or revoked registration, as determined appropriate by the
board.
* * *
Section 6. Sections 1326(a) and 1330 of Title 4 are amended
to read:
§ 1326. License renewals.
(a) Renewal.--All permits [and licenses], licenses,
registrations and certificates issued under this part unless
otherwise provided shall be subject to renewal every [three]
five years. Nothing in this subsection shall relieve a licensee
of the affirmative duty to notify the board of any changes
relating to the status of its [license] permit, license,
registration and certificate or to any other information
contained in the application materials on file with the board.
The application for renewal shall be submitted at least 60 days
prior to the expiration of the permit [or license], license,
registration and certificate and shall include an update of the
information contained in the initial and any prior renewal
applications and the payment of any renewal fee required by this
part. Unless otherwise specifically provided in this part, the
amount of any renewal fee shall be calculated by the board to
reflect the longer renewal period. A permit or license for which
a completed renewal application and fee, if required, has been
received by the board will continue in effect unless and until
the board sends written notification to the holder of the permit
or license that the board has denied the renewal of such permit
20170HB1656PN2225 - 13 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
or license.
* * *
§ 1330. [Multiple slot machine license prohibition.
No slot machine licensee, its affiliate, intermediary,
subsidiary or holding company may possess an ownership or
financial interest that is greater than 33.3% of another slot
machine licensee or person eligible to apply for a Category 1
license, its affiliate, intermediary, subsidiary or holding
company. The board shall approve the terms and conditions of any
divestiture under this section. Under no circumstances shall any
such divestiture be approved by the board if the compensation
for the divested interest in a person eligible to apply for a
Category 1 license exceeds the greater of the original cost of
the interest, the book value of the interest or an independently
assessed value of the interest one month prior to the effective
date of this part and, in the case of a person eligible to apply
for a Category 1 license, unless the person acquiring the
divested interest is required to continue conducting live racing
at the location where live racing is currently being conducted
in accordance with section 1303 (relating to additional Category
1 slot machine license requirements) and be approved for a
Category 1 slot machine license. No such slot machine license
applicant shall be issued a slot machine license until the
applicant has completely divested its ownership or financial
interest that is in excess of 33.3% in another slot machine
licensee or person eligible to apply for a Category 1 license,
its affiliate, intermediary, subsidiary or holding company.]
(Reserved).
Section 7. Section 13A41 of Title 4 is amended by adding a
subsection to read:
20170HB1656PN2225 - 14 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
§ 13A41. Table game device and associated equipment testing and
certification standards.
* * *
(c) Use of private testing and certification facilities.--
Notwithstanding any provision of this part, if a table game
device or associated equipment is tested and certified by a
private testing and certification facility registered with the
board, the board shall use an abbreviated certification process
requiring only that information determined by the board to be
necessary to consider the issuance of a table game device or
associated equipment certification under this section. Within
one year of the effective date of this subsection, the board
shall promulgate regulations that:
(1) Provide for the registration of private testing and
certification facilities. Persons seeking registration under
this subsection shall be subject to section 1202(b)(9)
(relating to general and specific powers).
(2) Specify the form and content of the application for
registration.
(3) Establish and collect an application fee for persons
seeking registration. The application fee shall include the
costs of all background investigations as determined
necessary and appropriate by the board.
(4) Establish uniform procedures and standards which
private testing and certification facilities must comply with
during the testing and certification of table game devices
and associated equipment.
(5) Utilize information provided by private testing and
certification facilities for the abbreviated certification of
table game devices and associated equipment.
20170HB1656PN2225 - 15 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(6) Establish an abbreviated certification process that
may be used by registered private testing and certification
facilities to test and certify table game devices and
associated equipment.
(7) Establish fees that must be paid by a licensed
manufacturer.
(8) Require table game devices and associated equipment
submitted for abbreviated certification to be approved or
denied by the board within 30 days from the date of
submission to the board. If the board fails to act within the
30-day period, the abbreviated certification shall be deemed
conditionally approved.
(9) Provide procedures and standards for the suspension
and revocation of the registration of a private testing and
certification facility and the reinstatement of a suspended
or revoked registration.
Section 8. Title 4 is amended by adding chapters to read:
CHAPTER 13C
CATEGORY 4 LOCATIONS
Sec.
13C01. Category 4 slot machine permit.
13C02. Review of application.
13C03. Award of permit.
13C04. Category 4 locations.
13C05. Conduct of gaming at Category 4 locations.
13C06. Permit fees.
13C07. Category 4 location taxes.
13C08. Local share assessment.
13C09. Temporary Category 4 regulations.
13C10. Additional Category 4 locations.
20170HB1656PN2225 - 16 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
§ 13C01. Category 4 slot machine permit.
(a) Board.--The board is authorized to issue Category 4
permits to eligible slot machine licensees for the conduct of
gaming at Category 4 locations. The board shall provide for the
establishment and regulation of Category 4 locations.
Authorization shall be contingent upon the slot machine
licensee's agreement to ensure that slot machine operations will
be conducted in accordance with this part and any other
conditions established by the board. The board shall:
(1) Promulgate temporary regulations under section 13C10
(relating to additional Category 4 locations) to implement
the establishment, operation and oversight of Category 4
locations.
(2) Review each permit application for suitability and
compliance with this chapter.
(3) Ensure connection of slot machines at Category 4
locations to the central control computer.
(4) Begin accepting applications within 90 days
following the effective date of this section.
(b) Eligibility.--In order to be eligible to receive a
Category 4 permit, the applicant must:
(1) hold a Category 1 or Category 2 slot machine license
in good standing; or
(2) hold a Category 3 slot machine license in good
standing and have paid the fee under section 1305(a)(1.2)
(relating to Category 3 slot machine license).
(c) Joint venture.--Nothing under this chapter shall
preclude an eligible applicant from participating in the
operation of a Category 4 location as a joint venture with
another eligible applicant in relation to one or more of the
20170HB1656PN2225 - 17 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
other eligible applicant's authorized Category 4 locations.
(d) Application.--An eligible slot machine licensee may seek
a Category 4 permit by filing a petition with the board which
shall include the following:
(1) The name, business address and contact information
of the applicant.
(2) The name, business address, job title and a
photograph of each principal and key employee of the
applicant who will be involved in the conduct of gaming at
the Category 4 location and who is not currently licensed by
the board.
(3) A brief description of the economic benefits
expected to be realized by the Commonwealth, its
municipalities and its residents if a Category 4 permit is
authorized at the applicant's location.
(4) The details of financing that will be available to
establish the new location and commence the conduct of
gaming, including any construction, expansion or modification
of a new or existing building or structure to conduct gaming.
(5) The applicant's business experience and ability to
create and maintain a successful Category 4 location.
(6) Proposed internal and external security and
surveillance measures that will be in place within the
Category 4 location.
(7) The number of slot machines to be placed at the
Category 4 location.
(8) The adequacy of parking at the facility.
(9) The services, such as food and beverage service,
that will be available at the Category 4 location.
(10) The estimated number of full-time and part-time
20170HB1656PN2225 - 18 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
employment positions that will be created at the Category 4
location if a permit is granted and an updated hiring plan
under section 1510(a) (relating to labor hiring preferences)
which outlines the applicant's plan to promote the
representation of diverse groups and Commonwealth residents
in the employment positions.
(11) Detailed site plans identifying the proposed gaming
area within the Category 4 location for gaming activities.
(12) The precise location of the proposed facility
described in accordance with the requirements of section
13C04(c) (relating to Category 4 locations).
(13) Whether the proposed facility will be operated by a
single licensed gaming entity or as a joint venture among
multiple licensed gaming entities. If a joint venture is
planned, a copy of the operating agreement shall be included
with the petition.
(14) Any other information required by the board.
(e) Additional authority.--Subject to inspection by the
commission, a Category 1 slot machine licensee that obtains a
Category 4 permit under this chapter may conduct pari-mutuel
wagering within a Category 4 licensed facility.
§ 13C02. Review of application.
(a) Review.--The board shall consider the following in the
board's review of a petition under this chapter:
(1) The applicant's suitability.
(2) Whether an applicant possesses the requisite
experience, financial capability and skill to perform the
functions necessary to establish and operate a Category 4
location consistent with this chapter and requirements of the
board.
20170HB1656PN2225 - 19 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(3) The adequacy of the physical specifications of the
facility and the adequacy of security, staffing, parking and
other issues related to the physical location of the Category
4 location.
(4) Whether the issuance of the permit will create jobs
and economic development.
(5) Verification of whether the Category 4 location
complies with the distance limitations under section 13C04(c)
(relating to Category 4 locations).
(b) Suitability.--An applicant eligible to receive a permit
under section 13C01(b) (relating to Category 4 slot machine
permit) shall be considered suitable to be issued a Category 4
permit.
(c) Multiple applications within distance limitation.--If
multiple Category 4 locations are applied for within the
distance limitation under section 13C04(c)(2) and the location
dispute is not resolved by the rejection of one or more
applications under section 13C04(c)(2), the board shall grant
the application which will:
(1) provide the highest quality facility;
(2) generate the most tax venue; and
(3) produce the greatest economic benefits for the
Commonwealth.
§ 13C03. Award of permit.
(a) Board.--The board shall approve or deny a permit within
60 days of receipt of the application.
(b) Limitation.--The cumulative number of slot machines
approved by the board for placement and operation at Category 4
locations combined with the slot machines authorized at all
licensed facilities in this Commonwealth may not exceed the
20170HB1656PN2225 - 20 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
cumulative number of slot machines authorized under sections
1201 (relating to Pennsylvania Gaming Control Board established)
and 1305 (relating to Category 3 slot machine license).
(c) Conditions.--Upon awarding a Category 4 permit, the
board shall amend the slot machine licensee's statement of
conditions pertaining to the requirements of this chapter.
(d) Term of permit.--A Category 4 permit shall be renewed
every five years. The initial renewal permit shall coincide with
the renewal of the permit holder's slot machine license which
immediately follows the permit's initial five-year term.
(e) Permit.--A Category 4 permit shall be in effect unless:
(1) the permit is suspended or revoked by the board
consistent with the requirements of this part;
(2) the slot machine license held by the permittee is
suspended, revoked or not renewed by the board;
(3) the permit holder relinquishes or does not seek
renewal of the permit; or
(4) the permit is not renewed for the failure of the
permittee to abide by this chapter, this part or any
condition in the slot machine licensee's statement of
conditions.
(f) Key employees and occupation permits.--Nothing in this
chapter shall be construed to require an individual who holds a
principal license, a key employee license, a gaming employee
license or an occupation permit under Chapter 13 (relating to
licensees) to obtain a separate license or permit to be employed
in a Category 4 location under this chapter.
(g) Confidentiality.--Information submitted to the board
under this chapter shall be considered confidential by the board
if the information would be confidential under section 1206(f)
20170HB1656PN2225 - 21 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(relating to board minutes and records).
§ 13C04. Category 4 locations.
(a) Authorized number of locations.--
(1) Each eligible Category 1 and Category 2 slot machine
licensee may obtain two Category 4 permits.
(2) Each eligible Category 3 slot machine licensee may
obtain one Category 4 permit.
(b) Transfer of permits.--
(1) An eligible slot machine licensee that does not
apply for an authorized permit under subsection (a) may
transfer its right to apply for the permit to another
eligible slot machine licensee upon board approval of the
terms and conditions of the transaction.
(2) If an authorized permit has not been applied for or
transferred within 18 months after the effective date of this
paragraph, the board may accept applications from eligible
applicants for the permit. If a greater number of
applications is received than the number of available
authorized permits, the board may grant the applications
which satisfy the requirements of this chapter and which
will:
(i) provide the highest quality facility;
(ii) generate the most tax revenue; and
(iii) produce the greatest economic benefits for the
Commonwealth.
(3) An eligible Category 3 slot machine licensee may
only obtain a Category 4 permit under paragraphs (1) or (2)
if the permit obtained was authorized for another Category 3
slot machine licensee.
(c) Distance restrictions.--
20170HB1656PN2225 - 22 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(1) A Category 4 location may not be located within 25
linear miles of another licensed gaming entity's licensed
facility which is not a Category 4 location or an airport
gaming area. A licensed gaming entity may site a Category 4
location within 25 linear miles of the licensed gaming
entity's own licensed facility, except if the 25 linear mile
protective areas around two or more licensed gaming entities
overlap, a Category 4 location may not be approved for
placement in the overlapping area.
(2) A Category 4 location may not be located within 10
linear miles of another Category 4 location. If an
application is filed for a Category 4 permit and the proposed
location is within 10 linear miles of a location proposed in
a pending application, the board shall notify the applicant
of the applicant's defective location and the identity of the
licensed gaming entity and the proposed location in the
pending application and, after a 30-day cure period, reject
the application if a location is not identified that is
compliant with this paragraph.
(d) Casino liquor license.--A Category 4 location may
operate under a casino liquor license obtained under section
1521.1 (relating to casino liquor license) and held by the
Category 1, Category 2 or Category 3 slot machine licensee that
holds the Category 4 permit.
(e) Pennsylvania State Police.--The Pennsylvania State
Police may not have permanent onsite personnel or an office
within a Category 4 location.
§ 13C05. Conduct of gaming at Category 4 locations.
(a) Number of machines.--A Category 4 permit holder may
place no less than 100 slot machines and no more than 500 slot
20170HB1656PN2225 - 23 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
machines in a Category 4 location. Hybrid and skill-based
devices may be offered for play at a Category 4 location subject
to the 500 slot machine maximum.
(b) Petition for additional machines.--A permittee may
petition the board to increase the number of slot machines in a
Category 4 location if the initial permit authorized less than
500 slot machines. The petition shall:
(1) State the requested increase in the number of
authorized slot machines.
(2) Include a detailed site plan identifying where the
additional slot machines will be placed within the facility.
(3) Include payment in an amount that equals the
difference between the fee paid upon issuance of the permit
and the fee applicable to the requested higher number of
machines under section 13C06 (relating to p ermit fees) .
(c) Commencement of gaming operations.--A permit holder may
not conduct gaming at a Category 4 location until the board
determines that:
(1) The permittee is in compliance with the requirements
of this chapter.
(2) The permittee's employees, where applicable, are
licensed, permitted or otherwise authorized by the board to
perform their respective duties.
(3) The permittee has implemented necessary internal and
management controls, security arrangements and surveillance
systems for the conduct of gaming at the location.
(4) The permittee is prepared in all respects to offer
gaming to the public at the Category 4 location.
(5) The permittee has paid the fee required under
section 13C06.
20170HB1656PN2225 - 24 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
§ 13C06. Permit fees.
Each slot machine licensee that obtains a Category 4 permit
must remit a fee to the board for each permit received based on
the number of slot machines sought to be placed in the Category
4 location as follows:
(1) 100-200 machines - $2,000,000.
(2) 200-300 machines - $3,000,000.
(3) 300-400 machines - $4,000,000.
(4) 400-500 machines - $5,000,000.
§ 13C07. Category 4 location taxes.
(a) Imposition.-- Each Category 4 permittee shall pay a daily
tax and assessment of the Category 4 permittee's daily gross
terminal revenue from the operation of slot machines, including
hybrid and skill-based devices, at a Category 4 location.
(b) Deposits and distributions.--The rate and allocation of
the tax and assessment imposed and collected under subsection
(a) shall be as follows:
(1) Twenty-five million dollars, which shall be
deposited in the Property Tax Relief Fund for property tax or
rent rebate under Chapter 13 of the act of June 27, 2006 (1st
Sp.Sess., P.L.1873, No.1), known as the Taxpayer Relief Act.
(2) Following the deposit under paragraph (1), the
remaining taxes and assessments shall be allocated as
follows:
(i) Forty-eight percent, which shall be deposited in
the General Fund.
(ii) Five percent, which shall constitute a local
share assessment and be distributed by the department on
a quarterly basis in accordance with section 13C08
(relating to local share assessment).
20170HB1656PN2225 - 25 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(iii) Two percent, which shall constitute an
assessment to be deposited in the Pennsylvania Race Horse
Development Fund.
(c) Collection.--The tax and assessments imposed under
subsection (a) shall be payable to the department on a weekly
basis and shall be based on gross terminal revenue derived from
the operation of slot machines at the Category 4 location during
the previous week. All money owed to the Commonwealth under this
section, or to a county or municipality under section 13C08,
shall be held in trust for the Commonwealth, county or
municipality by the permit holder until the money is paid to the
department. Unless otherwise agreed to by the board, a permittee
shall establish a separate bank account into which gross
terminal revenue from a Category 4 location shall be deposited
and maintained until the money is paid or transferred.
§ 13C08. Local share assessment.
(a) Distributions.--The department shall make quarterly
distributions from the local share assessment under section
13C07(b)(2)(ii) (relating to Category 4 location taxes) among
the counties and municipalities hosting a Category 4 location as
follows:
(1) Two percent of the local share assessment shall be
distributed to the county hosting a Category 4 location.
(2) Two percent of the local share assessment shall be
distributed to the municipality hosting the Category 4
location.
(3) One percent of the local share assessment shall be
distributed to the host county for the purpose of making
grants to civic and charitable organizations, including club
licensees, that are located within the host county in
20170HB1656PN2225 - 26 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
accordance with subsection (b).
(b) Grant program.--The county hosting the Category 4
location shall accept grant applications from eligible
organizations under subsection (a)(3) in time intervals to be
determined by the county, but at least annually. Grants shall be
awarded under subsection (a)(3) as follows:
(1) Grants may be awarded in amounts determined solely
at the discretion of the county.
(2) Priority shall be given to club licensees that are
affiliated with a veterans' organization or a police, fire,
ambulance, rescue or similar public safety organization.
(3) Grants may be used by recipients for:
(i) a public interest purpose sponsored by the
grantee; or
(ii) capital improvements and equipment purchases
related to a facility owned or leased by the grantee. The
term "equipment" shall not include a gaming device or
related material.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Club licensee." As defined in section 103 the act of
December 19, 1988 (P.L.1262, No.156), known as the Local Option
Small Games of Chance Act.
§ 13C09. Temporary Category 4 regulations.
(a) Promulgation.--In order to facilitate the prompt
implementation of this chapter, regulations promulgated by the
board shall be deemed temporary regulations which shall expire
not later than two years following the publication of the
temporary regulation. The board may promulgate temporary
20170HB1656PN2225 - 27 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
regulations which shall not be subject to:
(1) Sections 201, 202, 203, 204 and 205 of the act of
July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(2) The act of act of June 25, 1982 (P.L.633, No.181),
known as the Regulatory Review Act.
(3) Section 204(b) and 301(10) of the act of October 15,
1980 (P.L.950, No.164), known as the Commonwealth Attorneys
Act.
(b) Expiration.--The board's authority to adopt temporary
regulations under subsection (a) shall expire two years after
the effective date of this section. Regulations adopted after
this period shall be promulgated as provided by law.
§ 13C10. Additional Category 4 locations.
(a) Review.--By November 30, 2019, the board shall review
the operation of all Category 4 permits granted under this
chapter. The review shall include:
(1) The integrity of gaming operated pursuant to a
Category 4 permit.
(2) The patronage and public response to Category 4
locations.
(3) The number of jobs created by the establishment of
Category 4 locations.
(4) The amount of revenue generated for the
Commonwealth, host counties, host municipalities and other
local share assessment recipients.
(5) Economic development and related economic benefits
associated with the establishment and operation of Category 4
locations.
(b) Submission.--The review shall be submitted to the
20170HB1656PN2225 - 28 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Community, Economic and Recreational Development Committee of
the Senate and the Gaming Oversight Committee of the House of
Representatives by December 15, 2019.
(c) Additional permits.--Beginning January 1, 2020, each
Category 1 and Category 2 slot machine licensee that holds a
Category 4 permit may petition the board to obtain one
additional Category 4 permit.
(d) Transfer of permits.--
(1) A Category 1 or Category 2 slot machine licensee
that does not petition the board for an additional permit
under subsection (c) may transfer its right to apply for the
additional Category 4 location to another Category 1 or
Category 2 licensee upon board approval of the terms and
conditions of the transaction.
(2) If an authorized additional permit has not been
petitioned for, applied for or transferred by January 1,
2021, the board may accept applications from eligible
applicants for the permit. If a greater number of
applications is received than the number of available
authorized additional permits, the board may grant the
applications which satisfy the requirements of this chapter
and will:
(i) provide the highest quality facility;
(ii) generate the most revenue; and
(iii) produce the greatest economic benefit for the
Commonwealth.
CHAPTER 13D
AIRPORT GAMING
Sec.
13D01. Authorization of airport gaming.
20170HB1656PN2225 - 29 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
13D02. Certificate holders.
13D03. Application for airport gaming certificate.
13D04. Issuance of certificate.
13D05. Fees.
13D06. Tax.
§ 13D01. Authorization of airport gaming.
Notwithstanding any law to the contrary, an eligible Category
1 slot machine licensee or Category 2 slot machine licensee may
apply to the board for a certificate authorizing the placement
of slot machines in airport gaming areas within qualified
airports.
§ 13D02. Certificate holders.
(a) Eligibility.--Category 1 and Category 2 slot machine
licensees whose licenses are in good standing shall be eligible
to apply for an airport gaming certificate.
(b) Nondiscretionary selection.--
(1) Category 1 and Category 2 slot machine licensees
located in a county in which a qualified airport is located
or a county contiguous to the county in which a qualified
airport is located shall be entitled to apply for and, if
granted, obtain an airport gaming certificate for the
qualified airport.
(2) If more than one eligible slot machine licensee
under paragraph (1) desires to conduct gaming at the
qualified airport, the eligible slot machine licensees shall
enter into a joint operating agreement setting forth the
terms, cost, revenue sharing and conditions under which the
licensees will, as certificate holders, conduct airport
gaming.
(c) Discretionary selection.--If a qualified airport is not
20170HB1656PN2225 - 30 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
located in the same county or a contiguous county in which an
eligible slot machine licensee is located, an eligible slot
machine licensee may apply to the board for the authority to
operate airport gaming in the qualified airport. Two or more
eligible slot machine licensees may enter into a joint operating
agreement for the conduct of gaming at the qualified airport.
§ 13D03. Application for airport gaming certificate.
(a) Application.--Eligible slot machine licensees must apply
to the board in a form and manner as the board requires to
secure an airport gaming certificate for the designated
airports. The application shall include:
(1) The name, business address and contact information
of the slot machine licensee and, if applicable, the person
responsible to manage the operation of gaming under paragraph
(2).
(2) The manner in which the slot machine licensee will
manage, operate and control the conduct of gaming at a
designated airport in the airport gaming area.
(3) A site plan of the specific area within the airport
where slot machines will be located and gaming will be
conducted and the security that will be provided.
(4) The proposed number of slot machines that will be
placed in the airport gaming area and a description of the
equipment that will be installed and services that will be
provided within the airport gaming area.
(5) Evidence of a lease, license agreement or other
authorization from or agreement with the airport authority to
conduct operations in the airport gaming area.
(6) A copy of the joint operating agreement to be
entered into by the eligible certificate holders, if
20170HB1656PN2225 - 31 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
applicable.
(b) Confidentiality.--Information submitted to the board
under this chapter shall be considered confidential by the board
if the information is confidential under section 1206(f)
(relating to board minutes and records).
§ 13D04. Issuance of certificate.
(a) Findings.--The board shall:
(1) Ensure that the airport gaming area has the
appropriate physical space and security to conduct gaming
under this section.
(2) Determine the number of slot machines that are
appropriate for placement and operation at the designated
airports.
(b) Approval.--After making the findings under subsection
(a), the board may approve an application submitted under
section 13D03 (relating to application for airport gaming
certificate) and grant a certificate to the eligible slot
machine licensee to conduct gaming at the designated airport as
provided under this chapter upon payment of all required fees.
§ 13D05. Fees.
(a) Fee schedule.--A one-time, nonrefundable fee shall be
paid to the board in relation to the conduct of gaming at a
qualified airport based on the number of slot machines sought to
be placed in the airport gaming area as follows:
(1) less than 100 machines - $10,000 per machine.
(2) 100-200 machines - $2,000,000.
(3) 200-300 machines - $3,000,000.
(4) 300-400 machines - $4,000,000.
(5) 400-500 machines - $5,000,000.
(b) Payment.--If more than one slot machine licensee is
20170HB1656PN2225 - 32 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
issued an airport gaming certificate in relation to a qualified
airport, a single fee shall be paid by the airport gaming
certificate holders approved for the airport, as set forth in
the joint operating agreement entered into by the airport gaming
certificate holders and submitted to the board under section
13D03 (relating to application for airport gaming certificate).
(c) Additional machines.--The board may authorize additional
slot machines for an airport gaming area upon a written request
for additional slot machines and receipt of payment in an amount
that equals the difference between the fee paid upon issuance of
the certificate and the fee applicable under subsection (b) to
the requested higher number of machines.
(d) Deposit.--All fees paid under subsection (a) shall be
deposited into the General Fund.
(e) Renewal.--A renewal fee shall not apply to or be imposed
on an airport gaming certificate.
§ 13D06. Tax.
(a) Imposition.--A daily tax of 55% shall apply to the daily
gross terminal revenue from slot machines operated in an airport
gaming area.
(b) Collection.--The department shall determine the manner
in which airport gaming certificate holders will remit the tax
imposed under subsection (a). All money owed to the Commonwealth
under this section shall be held in trust for the Commonwealth
under this section by the airport gaming certificate holders
until the money is paid to the department. Unless otherwise
permitted by the department, a separate bank account shall be
established by the certificate holders into which gross terminal
revenue from slot machines shall be deposited and maintained
until the gross terminal revenue is paid to the department.
20170HB1656PN2225 - 33 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(c) Distribution.--The department shall transfer 15% of the
tax revenues collected under this section to the qualified
airport. Following the transfer, the remainder of the tax
revenues shall be deposited in the General Fund.
CHAPTER 13E
SPORTS WAGERING
Subchapter
A. General Provisions
B. Sports Wagering Authorized
C. Conduct of Sports Wagering
D. Sports Wagering Taxes and Fees
E. Miscellaneous Provisions
SUBCHAPTER A
GENERAL PROVISIONS
Sec.
13E01. Definitions.
13E02. Regulatory authority.
13E03. Temporary sports wagering regulations.
13E04. Unauthorized sports wagering.
§ 13E01. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Certificate holder." A person that has been awarded a
sports wagering certificate by the board.
"Gross sports wagering revenue."
(1) The total of cash or cash equivalents received from
sports wagering minus the total of:
(i) Cash or cash equivalents paid to players as a
result of sports wagering.
20170HB1656PN2225 - 34 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(ii) Cash or cash equivalents paid to purchase
annuities to fund prizes payable to players over a period
of time as a result of sports wagering.
(iii) The actual cost paid by the certificate holder
for any personal property distributed to a player as a
result of sports wagering. This paragraph shall not
include travel expenses, food, refreshments, lodging or
services.
(2) The term does not include:
(i) Counterfeit cash or chips.
(ii) Coins or currency of other countries received
as a result of sports wagering, except to the extent that
the coins or currency are readily convertible to cash.
(iii) Cash taken in a fraudulent act perpetrated
against a certificate holder for which the certificate
holder is not reimbursed.
"Sporting events." A professional or collegiate sports or
athletic event, or motor race event.
"Sports wagering." The business of accepting wagers on
sporting events or on the individual performance statistics of
athletes in a sporting event or combination of sporting events
by any system or method of wagering, including, but not limited
to, exchange wagering, parlays, over-under, moneyline, pools and
straight bets. The term does not include:
(1) Lottery games of the Pennsylvania State Lottery as
authorized under the act of August 26, 1971 (P.L.351, No.91),
known as the State Lottery Law.
(2) Bingo as authorized under the act of July 10, 1981
(P.L.214, No.67), known as the Bingo Law.
(3) Pari-mutuel betting on the outcome of thoroughbred
20170HB1656PN2225 - 35 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
or harness horse racing as authorized under 3 Pa.C.S. Ch. 93
(relating to race horse industry reform).
(4) Small games of chance as authorized under the act of
December 19, 1988 (P.L.1262, No.156), known as the Local
Option Small Games of Chance Act.
(5) Slot machine gaming and progressive slot machine
gaming as defined and authorized under this part.
"Sports wagering certificate." A certificate awarded by the
board under this chapter that authorizes a slot machine licensee
to conduct sports wagering in accordance with this chapter.
"Sports wagering device." The term includes a mechanical,
electrical or electronic machine or other device, apparatus,
equipment or supplies approved by the board and used to conduct
sports wagering.
§ 13E02. Regulatory authority.
The board shall promulgate regulations:
(1) Establishing standards and procedures for sports
wagering. The standards and procedures shall provide for the
conduct and implementation of sports wagering within licensed
facilities, including new sports wagering or variations or
composites of approved sports wagering, provided the board
determines that the new sports wagering or any variations or
composites or other approved sports wagering are suitable for
use after a test or experimental period under the terms and
conditions as the board may deem appropriate.
(2) Establishing standards and rules to govern the
conduct of sports wagering and the system of wagering,
including the manner in which wagers are received and payouts
are remitted and point spreads, lines and odds are
determined.
20170HB1656PN2225 - 36 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(3) Establishing the method for calculating gross sports
wagering revenue and standards for the daily counting and
recording of cash and cash equivalents received in the
conduct of sports wagering and ensuring that internal
controls are followed regarding the maintenance of financial
books and records and the conduct of audits. The board shall
consult with the department in establishing the regulations
under this paragraph.
(4) Establishing notice requirements pertaining to
minimum and maximum wagers on sports wagering.
(5) Establishing compulsive and problem gambling
standards pertaining to sports wagering consistent with this
part.
(6) Establishing standards prohibiting persons under 21
years of age from participating in sports wagering.
(7) Providing information pertaining to sports wagering
in the board's annual report required under section 1211(a.1)
(relating to reports of board).
(8) Requiring each certificate holder to:
(i) Provide written information about sports
wagering rules, payouts or winning wagers and other
information as the board may require.
(ii) Provide specifications approved by the board
under section 1207(11) (relating to regulatory authority
of board) to integrate and update the licensed facility's
surveillance system to cover all areas where sports
wagering is conducted. The specifications shall include
provisions providing the board and other persons
authorized by the board with onsite access to the
surveillance system.
20170HB1656PN2225 - 37 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(iii) Designate one or more locations within the
licensed facility of the certificate holder to conduct
sports wagering.
(iv) Ensure that visibility in the licensed facility
of the certificate holder is not obstructed in any way
that could interfere with the ability of the certificate
holder, the board and other persons authorized under this
part or by the board to oversee the surveillance of the
conduct of sports wagering.
(v) Integrate the licensed facility's count room to
ensure maximum security of the counting and storage of
cash and cash equivalents.
(vi) Equip each designated location within the
licensed facility providing sports wagering with a sign
indicating the permissible sports wagering minimum and
maximum wagers.
(vii) Ensure that no person under 21 years of age
participates in sports wagering.
§ 13E03. Temporary sports wagering regulations.
(a) Promulgation.--In order to facilitate the prompt
implementation of this chapter, regulations promulgated by the
board shall be deemed temporary regulations which shall expire
not later than two years following the publication of the
temporary regulations. The board may promulgate temporary
regulations not subject to:
(1) Sections 201, 202, 203, 204 and 205 of the act of
July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(2) The act of June 25, 1982 (P.L.633, No.181), known as
the Regulatory Review Act.
20170HB1656PN2225 - 38 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30