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A04847
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
649
Session of
2015
INTRODUCED BY PAYNE, KOTIK, ADOLPH, HELM, KILLION, KORTZ,
BARRAR, COHEN, D. COSTA, DAVIS, DeLUCA, EVERETT, HACKETT,
MICCARELLI, MOUL, PASHINSKI, STURLA, DUNBAR, YOUNGBLOOD,
FLYNN, P. DALEY AND NEILSON, FEBRUARY 26, 2015
AS REPORTED FROM COMMITTEE ON GAMING OVERSIGHT, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 24, 2015
AN ACT
Amending Title 4 (Amusements) of the Pennsylvania Consolidated
Statutes, providing for authorized interactive gaming and for
duties of Pennsylvania Gaming Control Board and Department of
Health; and imposing an interactive gaming tax and
prescribing penalties. IN GENERAL PROVISIONS, FURTHER
PROVIDING FOR LEGISLATIVE INTENT AND FOR DEFINITIONS;
providing for video gaming; IN PENNSYLVANIA GAMING CONTROL
BOARD, FURTHER PROVIDING FOR GENERAL AND SPECIFIC POWERS, FOR
LICENSED GAMING ENTITY APPLICATION APPEALS FROM BOARD, FOR
BOARD MINUTES AND RECORDS, FOR REGULATORY AUTHORITY OF BOARD,
FOR SLOT MACHINE LICENSE FEE AND FOR REPORTS OF BOARD,
PROVIDING FOR FANTASY SPORTS REPORT AND FURTHER PROVIDING FOR
DIVERSITY GOALS OF BOARD; IN LICENSEES, FURTHER PROVIDING FOR
CATEGORY 3 SLOT MACHINE LICENSE, FOR SLOT MACHINE LICENSE
APPLICATION, FOR SUPPLIER LICENSES, FOR MANUFACTURER
LICENSES, FOR SLOT MACHINE TESTING AND CERTIFICATION
STANDARDS AND FOR LICENSE RENEWALS; IN TABLE GAMES, FURTHER
PROVIDING FOR AUTHORIZATION TO CONDUCT TABLE GAMES, FOR TABLE
GAME TOURNAMENTS, FOR OTHER FINANCIAL TRANSACTIONS, FOR TABLE
GAME DEVICE AND ASSOCIATED EQUIPMENT TESTING AND
CERTIFICATION STANDARDS AND FOR LOCAL SHARE ASSESSMENT;
PROVIDING FOR INTERACTIVE GAMING, FOR CASINO SIMULCASTING AND
FOR SLOT MACHINES AT NONPRIMARY LOCATIONS; IN REVENUES,
FURTHER PROVIDING FOR ESTABLISHMENT OF STATE GAMING FUND AND
NET SLOT MACHINE REVENUE DISTRIBUTION; IN ADMINISTRATION AND
ENFORCEMENT, FURTHER PROVIDING FOR RESPONSIBILITY AND
AUTHORITY OF THE DEPARTMENT OF REVENUE, FOR WAGERING ON
CREDIT, FOR COMPULSIVE AND PROBLEM GAMBLING PROGRAM,
PROVIDING FOR CHILD ENDANGERMENT PROTECTION, FURTHER
PROVIDING FOR FINANCIAL AND EMPLOYMENT INTERESTS, FOR
REGULATION REQUIRING EXCLUSION OR EJECTION OF CERTAIN
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PERSONS, FOR REPEAT OFFENDERS EXCLUDABLE FROM LICENSED GAMING
FACILITY, FOR LIST OF PERSONS SELF EXCLUDED FROM GAMING
ACTIVITIES, FOR INVESTIGATIONS AND ENFORCEMENT, FOR
PROHIBITED ACTS AND PENALTIES AND FOR LIQUOR LICENSES AT
LICENSED FACILITIES AND PROVIDING FOR CASINO LIQUOR LICENSE;
IN MISCELLANEOUS PROVISIONS, FURTHER PROVIDING FOR
APPROPRIATIONS; MAKING AN EDITORIAL CHANGE; AND MAKING A
RELATED REPEAL.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 4 of the Pennsylvania Consolidated Statutes
is amended by adding a chapter to read:
CHAPTER 13B
AUTHORIZED INTERACTIVE GAMING
Sec.
13B01. Legislative policy.
13B02. Definitions.
13B03. Regulation and enforcement by the board.
13B04. Prohibition on unauthorized Internet gaming.
13B05. Application for license.
13B06. Board consideration of application.
13B07. Institutional investors.
13B08. Licensing fee.
13B09. Accounting and operational internal controls.
13B10. Interactive gaming tax.
13B11. Prohibition on Internet cafes.
13B12. Testing of hardware, software and equipment.
13B13. Expanded compulsive and problem gambling programs.
13B14. Application of other provisions of this part.
§ 13B01. Legislative policy.
The General Assembly recognizes the following public policy
purposes and declares that the following objectives of the
Commonwealth are to be served by this chapter:
(1) The legalization of slot machines and table games in
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Pennsylvania has delivered substantial benefits to the
Commonwealth, including tax revenue for property tax relief
and general economic development, the creation of more than
15,000 jobs and significant contributions to the horse racing
and agricultural industries.
(2) Developments in technology and recent legal
decisions have created an opportunity to legalize interactive
gaming as a means to further enhance and complement the
benefits delivered by casino gaming, licensed facilities and
the communities in which they operate.
(3) Interactive gaming operates by having players
establish and draw funds from an individual account to place
a wager in authorized games through the Internet and similar
communications media. The Commonwealth currently authorizes
gaming in the form of slot machines and banking and
nonbanking table games, including poker. These gaming
operations provide licensed entities in this Commonwealth the
appropriate level of experience to introduce a platform for
interactive gaming that protects the player and the integrity
of the game.
(4) It is a vital public interest that licensed entities
retain responsibility for the interactive gaming software and
hardware which shall remain under their ultimate supervisory
control. Vendors' ability to provide the interactive gaming
platform must depend solely on, and be tied to, the status of
the licensed entity for which they are providing their
services. Any interactive gaming enforcement and regulatory
structure must begin from the premise that participation in a
lawful and licensed gaming industry is a privilege, not a
right and that regulatory oversight is intended to safeguard
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the integrity of the games and participants and to ensure
accountability.
(5) The Commonwealth has entrusted the control and
regulation of gaming to the Pennsylvania Gaming Control Board
for the past seven years. Based on that experience, it is now
appropriate to delegate the responsibility for the
implementation and regulation of interactive gaming to the
board.
(6) Authorized interactive gaming, once fully developed,
will allow persons in this Commonwealth to participate in
interactive gaming, not only with other persons in this
Commonwealth, but with persons in other cooperating United
States jurisdictions where interactive gaming has been
authorized.
(7) The expansion of gaming through the authorization of
interactive gaming requires the Commonwealth to take steps to
increase awareness of problem gambling across interactive
channels and to implement effective strategies for
prevention, assessment and treatment of this behavioral
disorder.
§ 13B02. 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:
"Affiliate." As defined in section 1103 (relating to
definitions). The term does not include an individual.
"Authorized game." Any interactive game approved by the
board under this chapter.
"Authorized participant." A person placing a wager who is
either physically present in this Commonwealth or located in a
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jurisdiction with which the Commonwealth has negotiated an
interactive gaming agreement. The intermediate routing of
electronic data in connection with interactive games may not
determine the location or locations in which a wager is
initiated, received or otherwise made.
"Gross interactive gaming revenue." The total of all cash or
cash equivalents paid by authorized participants to a licensee
in consideration for the play of interactive games minus:
(1) The total of cash or cash equivalents paid out to
players as winnings.
(2) Promotional gaming credits.
(3) The cash equivalent value of any personal property
or other noncash item of value included in a drawing, contest
or tournament and distributed to players.
(4) Taxes paid to other states or territories of the
United States pursuant to interactive gaming agreements
implemented under this chapter.
(5) Revenues from nongaming sources, including food,
beverages, souvenirs, advertising, clothing or other
nongaming sources.
Amounts deposited with a licensee for purposes of interactive
gaming and amounts taken in fraudulent acts perpetrated against
a licensee for which the licensee is not reimbursed may not be
considered to have been paid to the licensee for purposes of
calculating gross interactive gaming revenue.
"Interactive game." Any gambling game offered through the
use of communications technology that allows a person, utilizing
money, checks, electronic checks, electronic transfers of money,
credit cards, debit cards or any other instrumentality, to
transmit electronic information to assist in the placing of a
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wager and corresponding information related to the display of
the game, game outcomes or other similar information. The term
does not include the conduct of gaming that occurs entirely
among participants located within the licensed facility of the
licensee or its affiliate, to the extent that the gaming may be
authorized by the board, or nongambling games that do not
otherwise require a license under the laws of this Commonwealth.
For purposes of this definition, "communications technology"
means any method used and the components employed by an
establishment to facilitate the transmission of information,
including transmission and reception by systems based on wire,
cable, radio, microwave, light, optics or computer data
networks, including the Internet and intranets.
"Interactive gaming agreement." A negotiated agreement
between the Commonwealth and one or more of the states or
territories of the United States in which interactive gaming is
legally authorized that permits persons located in the other
jurisdictions to place wagers on interactive games with
licensees in this Commonwealth or to permit persons located in
this Commonwealth to place wagers on interactive games with
licensees in the other jurisdictions, or both. Agreements may
contain other provisions the board deems appropriate, except
that only authorized games may be permitted to be offered to
persons located in this Commonwealth under the agreement.
"Interactive gaming license." A license issued by the board
under this chapter which authorizes the holder to offer
authorized games for play by, and to accept bets and wagers
associated with authorized games from, authorized participants.
"Interactive gaming platform." The combination of hardware
and software designed and used to manage, conduct or record
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interactive games or the wagers associated with those games and
which has been approved by the board for purposes of the conduct
of authorized games.
"Interactive gaming skin." The portal to an interactive
gaming platform or Internet website through which an authorized
game is made available to customers in this Commonwealth.
"Internet." A computer network of interoperable packet-
switched data networks.
"Key interactive gaming employee." An individual employed by
a licensee, significant vendor or applicant, or by a holding or
intermediary company of a licensee, significant vendor or
applicant, who is involved in the operation of, or of the wagers
associated with, interactive gaming and who is empowered to make
discretionary decisions that regulate interactive gaming
operations.
"Licensee." A licensed entity that holds an interactive
gaming license.
"Promotional gaming credit." Any bonus, promotion or amount
received by a licensee from an authorized participant for which
the licensee can demonstrate that it or its affiliate has not
received cash.
"Significant vendor." A person who offers or proposes to
offer any of the following services with respect to interactive
gaming:
(1) management, administration or control of wagers or
of the interactive games themselves;
(2) development, maintenance, provision or operation of
an interactive gaming platform or any discrete component
thereof;
(3) sale, licensing or other receipt of compensation for
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selling or licensing a database or customer list of
individuals residing in the United States selected, in whole
or in part, because they placed wagers or participated in
gambling games with or through an Internet website or
operator or any derivative of such a database or customer
list;
(4) provision of any product, service or asset to a
licensee or significant vendor in return for a percentage of
interactive gaming revenue, not including fees to financial
institutions and payment providers for facilitating a deposit
or withdrawal by an authorized participant; or
(5) provision of any trademark, trade name, service mark
or similar intellectual property under which a licensee or
significant vendor identifies to customers the authorized
games, the website or equivalent hosting the authorized
games, any interactive gaming skin or the interactive gaming
platform, but excluding intellectual property of a person
providing only art or graphics.
The term does not include any key interactive gaming employee of
a licensee or significant vendor. A significant vendor must be
licensed by the board to provide these services.
§ 13B03. Regulation and enforcement by the board.
(a) General rule.--The board shall promulgate regulations
for the operation and conduct of interactive gaming in this
Commonwealth and shall enforce the regulations.
(b) Powers and duties.--
(1) The board shall authorize licensees and significant
vendors to conduct interactive gaming involving authorized
participants, subject to the provisions of this chapter and
other applicable provisions of law. The board shall also
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develop standards for evaluating and approving interactive
gaming platforms for use with interactive gaming.
(2) The board may determine in its discretion the
categories of employees who satisfy the definition of "key
interactive employee" and may exclude from the scope of this
definition any particular licensee, significant vendor,
applicant or employee or category of employee it deems
appropriate.
(c) Delegated authority.--The board is designated as the
agency of the Commonwealth with the power and authority to
negotiate and enter into interactive gaming agreements on behalf
of the Commonwealth consistent with this chapter.
(d) Interactive gaming agreements.--To the extent
practicable, the board shall negotiate interactive gaming
agreements with other states, territories or possessions of the
United States in which interactive gaming has been authorized to
allow players in this Commonwealth to participate in authorized
games with players in other jurisdictions.
§ 13B04. Prohibition on unauthorized Internet gaming.
(a) Unauthorized gaming.--
(1) It shall be unlawful for any person to willfully and
knowingly operate, carry on, offer or expose for play any
interactive game or to accept a bet or wager associated with
an interactive game from any person physically located in
this Commonwealth at the time of play that is not within the
scope of a valid and current license issued by the board
under this chapter or by another state, territory or
possession of the United States with which the Commonwealth
has an interactive gaming agreement that permits the
activity.
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(2) It shall be unlawful for any person to willfully and
knowingly provide services with respect to any interactive
game, bet or wager specified in paragraph (1).
(b) Grading of offense.--A person who violates subsection
(a) commits a misdemeanor of the first degree. For a second or
subsequent violation of subsection (a), a person commits a
felony of the second degree.
(c) Penalties.--
(1) For a first violation of subsection (a), a person
shall be sentenced to pay a fine of:
(i) not less than $75,000 nor more than $150,000, if
the person is an individual;
(ii) not less than $150,000 nor more than $300,000,
if the person is a licensed manufacturer or supplier; or
(iii) not less than $300,000 nor more than $600,000,
if the person is a licensed gaming entity.
(2) For a second or subsequent violation of subsection
(a), a person shall be sentenced to pay a fine of:
(i) not less than $150,000 nor more than $300,000,
if the person is an individual;
(ii) not less than $300,000 nor more than $600,000,
if the person is a licensed manufacturer or supplier; or
(iii) not less than $600,000 nor more than
$1,200,000, if the person is a licensed gaming entity.
(d) Forfeiture.--If a person places a wager on an
interactive game from a location in which the activity is
unauthorized, the person shall forfeit all entitlement to any
winnings and the money associated with any forfeited winnings
shall be deposited by the licensee into the Compulsive and
Problem Gambling Treatment Fund established under section
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1509(b) (relating to compulsive and problem gambling program).
(e) Tax liability.--An unlicensed person offering
interactive games to persons in this Commonwealth shall be
liable for all taxes required by this chapter in the same manner
and amounts as if the person were a licensee. Timely payment of
the taxes may not constitute a defense to any prosecution or
other proceeding in connection with unauthorized interactive
gaming, except for a prosecution or proceeding alleging failure
to make such payment.
§ 13B05. Application for license.
(a) Filing of application.--Ninety days from the effective
date of this section the board shall permit filing of
applications for licenses under this chapter. The application
shall include, as applicable:
(1) The name and business address of the applicant,
including an organizational chart which identifies the
applicant's relationship to any person that holds a slot
machine license and a table game operation certificate issued
by the board.
(2) Identification of and a detailed description of the
qualifications of any proposed significant vendors. Detailed
information shall be provided describing the specific
operational responsibilities of significant vendors and the
nature of the economic relationship with those significant
vendors.
(3) A detailed description of the technical protocols
and parameters of the interactive gaming platform proposed to
be utilized.
(4) Identification and a description of the interactive
games the applicant proposes to make available.
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(5) Other information as the board, in its discretion,
may determine to require.
(b) Temporary authorization.--
(1) During the first 18 months from the effective date
of this section, the board may issue temporary authorizations
to applicants for licensing as a significant vendor, which
may remain in effect until the shorter of 12 months after the
date of issue or the date by which the board considers the
subject application. Temporary authorizations may be renewed
not more than once, upon a showing of good cause. Temporary
authorization shall allow the applicant to engage in all of
the functions of a fully licensed significant vendor for the
duration of the temporary authorization.
(2) No temporary authorization may be issued unless:
(i) The applicant has submitted a complete license
application.
(ii) The applicant agrees to pay the fee prescribed
in section 13B08 (relating to licensing fee) within 60
days of issuance of the temporary authorization, which
may be refundable in the event a permanent license is not
issued. Failure to make timely payment shall result in
revocation of the temporary authorization.
(iii) The bureau has stated that it has no objection
to the issuance of a temporary authorization to the
applicant.
(3) Within 45 days of the date that the bureau receives
the completed application of an applicant for investigation,
the bureau shall conduct a preliminary investigation of the
applicant and any key interactive gaming employee of the
applicant, which shall include a criminal background
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investigation of the applicant and any key interactive gaming
employees of the applicant.
(4) If the bureau's preliminary investigation discloses
no material adverse information, then the bureau shall issue
to the executive director a statement of no objection to the
issuance of a temporary authorization to the applicant.
(5) If the bureau's preliminary investigation discloses
material adverse information, it shall register an objection
and no temporary authorization may be issued until the
material concern is resolved.
(6) If the bureau's full investigation of an applicant
discloses material adverse information, the temporary
authorization of the applicant may be suspended or withdrawn
upon a showing of cause by the bureau.
§ 13B06. Board consideration of application.
(a) Suitability.--A holder, or an affiliate of a holder, of
a slot machine license and table game operation certificate,
whose license and certificate are in good standing, shall be
considered suitable to be issued an interactive gaming license
by the board without additional investigation.
(b) Significant vendors.--The board shall determine the
suitability of any significant vendors, consistent with the
requirements of this chapter.
(c) Qualifications.--A review of the suitability of a person
to hold a license as a licensee or significant vendor shall
include the review and determination of whether:
(1) The person possesses the requisite experience and
skill to perform the functions consistent with the
requirements of this chapter.
(2) The applicant is a person of good character, honesty
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and integrity.
(3) The applicant is a person whose prior activities,
criminal record, if any, reputation, habits and associations
do not:
(i) pose a threat to the public interest or to the
effective regulation and control of interactive gaming;
or
(ii) create or enhance the dangers of unsuitable,
unfair or illegal practices, methods and activities in
the conduct of interactive gaming or in the carrying on
of the business and financial arrangements incidental to
gaming.
(d) Owners and key interactive gaming employees.--In
connection with an application for a license as a licensee or
significant vendor, the applicant shall identify and the board
shall determine the suitability of an applicant's owners, chief
executive officer, chief financial officer, any other officer
whom the board deems significantly involved in the management or
control of the applicant and all key interactive gaming
employees.
(e) Issuance of order.--The board shall issue an order
granting or denying an application for a license as a licensee
or significant vendor within 120 days of the date on which a
properly completed application and any additional information
that the board may require is filed. If the board approves an
application, it may impose reasonable conditions of licensure
consistent with the requirements of this chapter.
§ 13B07. Institutional investors.
(a) Declaration of investment intent.--
(1) An institutional investor holding less than 25% of
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the equity securities of a licensee's, significant vendor's
or applicant's holding or intermediary companies, shall be
granted a waiver of any investigation of suitability or other
requirement if the securities are those of a corporation,
whether publicly traded or privately held, and the holdings
of the securities were purchased for investment purposes
only. The institutional investor shall file a certified
statement that it has no intention of influencing or
affecting the affairs of the licensee, significant vendor,
applicant or its holding or intermediary companies. However,
an institutional investor shall be permitted to vote on
matters put to the vote of the outstanding security holders.
(2) The board may grant a waiver to an institutional
investor holding a higher percentage of securities upon a
showing of good cause and if the conditions specified in
paragraph (1) are met.
(3) An institutional investor granted a waiver under
this subsection who subsequently decides to influence or
affect the affairs of the licensee, significant vendor or
applicant's holding or intermediary company shall provide not
less than 30 days' notice of intent and shall file with the
board a request for determination of suitability before
taking any action that may influence or affect the affairs of
the issuer. An institutional investor shall be permitted to
vote on matters put to the vote of the outstanding security
holders.
(4) If an institutional investor changes its investment
intent or if the board finds reasonable cause to believe that
the institutional investor may be found unsuitable, no action
other than divestiture shall be taken by the institutional
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investor with respect to its security holdings until there
has been compliance with any requirements established by the
board, which may include the execution of a trust agreement.
(5) The licensee or significant vendor or applicant and
its relevant holding, intermediary or subsidiary company
shall notify the board immediately of any information about,
or actions of, an institutional investor holding its equity
securities where the information or action may impact the
eligibility of the institutional investor for a waiver under
this subsection.
(b) Failure to declare.--If the board finds:
(1) that an institutional investor holding any security
of a holding or intermediary company of a licensee or
significant vendor or applicant or, where relevant, of
another subsidiary company of a holding or intermediary
company of a licensee or significant vendor or applicant
which is related in any way to the financing of the licensee
or significant vendor or applicant, fails to comply with the
provisions of subsection (a); or
(2) by reason of the extent or nature of its holdings,
an institutional investor is in a position to exercise such a
substantial impact upon the controlling interests of a
licensee or significant vendor or applicant that
investigation and determination of suitability of the
institutional investor is necessary to protect the public
interest;
then the board may take any necessary action otherwise
authorized under this chapter to protect the public interest.
§ 13B08. Licensing fee.
If the board grants an application under section 13B05
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(relating to application for license) within 60 days of entry of
the board's order, the successful applicant shall pay a
licensing fee of $5,000,000 if a licensee or $1,000,000 if a
significant vendor.
§ 13B09. Accounting and operational internal controls.
Each interactive gaming license applicant shall submit to the
board and department, in such manner as the board shall require,
a description of its administrative and accounting procedures in
detail, including its written system of internal control. In
addition to other standards that the board, in its discretion,
may choose to require, the board shall require licensees to
implement appropriate safeguards:
(1) To ensure, to a reasonable degree of certainty, that
authorized participants are not less than 21 years of age.
(2) To ensure, to a reasonable degree of certainty, that
authorized participants are physically located within this
Commonwealth or another jurisdiction that is permissible
under this chapter.
(3) To protect, to a reasonable degree of certainty, the
privacy and online security of authorized participants.
(4) To ensure, to a reasonable degree of certainty, that
the interactive games are fair and honest and that
appropriate measures are in place to deter, detect and, to
the extent reasonably possible, to prevent cheating,
including collusion, and use of cheating devices, including
the use of software programs, sometimes referred to as
"bots," that make bets or wagers according to algorithms.
(5) To minimize compulsive gambling and to provide
notice to authorized participants of resources to help
problem gamblers.
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(6) To ensure authorized participants' funds are held in
accounts segregated from the funds of licensees and otherwise
are protected from corporate insolvency, financial risk or
criminal or civil actions against the licensee.
§ 13B10. Interactive gaming tax.
(a) Weekly taxation.--Each licensee shall report to the
department and pay from its daily gross interactive gaming
revenue, on a form and in a manner prescribed by the department,
a tax of 14% of its daily gross interactive gaming revenue,
which shall be payable to the department on a weekly basis and
shall be based upon gross interactive gaming revenue for the
previous week.
(b) Taxes on out-of-State wagering.--The tax rate which
shall be assessed and collected by the department with respect
to any wagers placed by residents of this Commonwealth with an
interactive gaming operator outside of this Commonwealth, but
authorized under an interactive gaming agreement shall be
governed by the agreement but may not exceed 14% of gross
interactive gaming revenue derived from residents of this
Commonwealth.
(c) Taxes held in trust.--All funds owed to the Commonwealth
under this section shall be held in trust for the Commonwealth
by the licensee until the funds are paid to the department.
Unless otherwise agreed to by the board, a licensee shall
establish a separate bank account into which the funds shall be
deposited and maintained until paid to the department.
(d) Federal presumption.--In the event Federal law
authorizes interactive gaming which establishes a tax based on
gross interactive gaming revenue, deposits or the substantial
equivalent of or intended substitute for either of them, of
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which a portion is allocated to the states, that tax shall
supersede, in its entirety, the tax imposed by this section.
§ 13B11. Prohibition on Internet cafes.
(a) General rule.--No organization or commercial enterprise,
other than a licensee, shall operate a place of public
accommodation, club, including a club or association limited to
dues-paying members or similar restricted groups, or similar
establishment in which computer terminals or similar access
devices are advertised or made available to be used principally
for the purpose of accessing interactive games.
(b) Construction.--Nothing in this section shall be
construed to require the owner or operator of a hotel or motel
or other public place of general use in this Commonwealth to
prohibit or block guests from playing interactive games.
§ 13B12. Testing of hardware, software and equipment.
(a) Testing by the board.--The board may expand its testing
facility, utilize the services of a private testing facility or
adopt the testing and certification standards of another
jurisdiction and may approve computer hardware, software or
associated equipment based on the prior approval of a private
testing facility or of another jurisdiction whose standards the
board reasonably determines are adequate and comparable to those
required by this chapter. Costs associated with the expansion of
its own testing facility shall be assessed on significant
vendors licensed to provide interactive gaming platforms.
(b) Approval.--
(1) No interactive gaming platform may be utilized by a
licensee unless approved by the board or its testing and
certification facility under this section. The board shall
not approve an interactive gaming platform unless the
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platform is subject to the control, and is the ultimate
responsibility, of the licensee.
(2) This subsection shall not be construed to prohibit a
licensee from licensing use or delegating daily operation of
the interactive gaming platform from or to a significant
vendor.
§ 13B13. Expanded compulsive and problem gambling programs.
(a) Expanded programs.--
(1) The board and the Department of Health shall jointly
develop expanded programs to address compulsive and problem
gambling issues relating to interactive gaming.
(2) Licensees shall address compulsive and problem
gambling issues in the context of interactive gaming in their
respective compulsive and problem gambling plans on file with
the board.
(b) Message.--Licensees shall permanently and continuously
display the following message to persons at the time of logging
on to the Internet websites of the licensees or any interactive
gaming skin:
If you or someone you know has a gambling problem and
wants help, call 1-800-GAMBLER.
§ 13B14. Application of other provisions of this part.
The following sections of this part, which are expressly
applicable to the conduct or operation of slot machines or table
games, are also deemed applicable to interactive gaming under
this chapter:
(1) The board's power and duty to require that licensees
prohibit persons under 21 years of age from playing
interactive games under section 1207(8) (relating to
regulatory authority of board).
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(2) The obligation to include information on interactive
gaming in the board's annual report under section 1211(a.1)
(relating to reports of board).
(3) The procedures, parameters and time frames for
promulgating temporary regulations under section 13A03(a) and
(b) (relating to temporary table game regulations).
(4) Manufacturing licensing requirements under section
1317.1 (relating to manufacturer licenses).
(5) Gaming service provider requirements under section
1317.2 (relating to gaming service provider).
(6) Permit renewal requirements under section 1326
(relating to license renewals).
(7) Section 1402 (relating to gross terminal revenue
deductions), except that recovery of the costs and expenses
of regulating interactive gaming under this chapter shall be
limited to 1% of gross interactive gaming revenue.
(8) The declaration that it shall be unlawful for an
individual under 21 years of age to wager, play or attempt to
play an interactive game under section 1518(a)(13.1)
(relating to prohibited acts; penalties).
Section 2. This act shall take effect in 60 days.
SECTION 1. SECTION 1102 OF TITLE 4 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES IS AMENDED BY ADDING PARAGRAPHS TO READ:
§ 1102. LEGISLATIVE INTENT.
THE GENERAL ASSEMBLY RECOGNIZES THE FOLLOWING PUBLIC POLICY
PURPOSES AND DECLARES THAT THE FOLLOWING OBJECTIVES OF THE
COMMONWEALTH ARE TO BE SERVED BY THIS PART:
* * *
(12.1) THE CONTINUED GROWTH AND SUCCESS OF THE
COMMERCIAL GAMING INDUSTRY IN THIS COMMONWEALTH IS DEPENDENT
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UPON A REGULATORY ENVIRONMENT WHICH PROMOTES AND FOSTERS
TECHNOLOGICAL ADVANCES AND ENCOURAGES THE DEVELOPMENT AND
DELIVERY OF INNOVATIVE GAMING PRODUCTS.
(12.2) IT IS ALSO THE INTENT OF THE GENERAL ASSEMBLY TO
ENSURE THE SUSTAINABILITY AND COMPETITIVENESS OF THE
COMMERCIAL GAMING INDUSTRY IN THIS COMMONWEALTH BY
AUTHORIZING INTERACTIVE GAMING, CASINO SIMULCASTING AND THE
OPERATION OF SLOT MACHINES AT NONPRIMARY LOCATIONS.
* * *
SECTION 2. THE DEFINITIONS OF "ASSOCIATED EQUIPMENT," "CASH
EQUIVALENT," "CHEAT," "CHEATING OR THIEVING DEVICE,"
"COMMISSION" OR "COMMISSIONS," "CONDUCT OF GAMING," "CONTEST,"
"COUNTERFEIT CHIP," "GAMING EMPLOYEE," "GAMING SCHOOL," "GAMING
SERVICE PROVIDER," "KEY EMPLOYEE," "LICENSED FACILITY,"
"MANUFACTURER," "MANUFACTURER LICENSE," "PLAYER," "PROGRESSIVE
PAYOUT," "PROGRESSIVE SYSTEM," "SLOT MACHINE," "SUPPLIER,"
"SUPPLIER LICENSE" AND "TABLE GAME DEVICE" IN SECTION 1103 OF
TITLE 4 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:
* * *
"ASSOCIATED EQUIPMENT." ANY EQUIPMENT OR MECHANICAL,
ELECTROMECHANICAL OR ELECTRONIC CONTRIVANCE, COMPONENT OR
MACHINE USED IN CONNECTION WITH SLOT MACHINES OR TABLE GAMES,
INCLUDING LINKING DEVICES WHICH CONNECT TO PROGRESSIVE SLOT
MACHINES AND MULTISTATE WIDE-AREA PROGRESSIVE SLOT MACHINES OR
SLOT MACHINES, REPLACEMENT PARTS, EQUIPMENT WHICH AFFECTS THE
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PROPER REPORTING AND COUNTING OF GROSS TERMINAL REVENUE [AND],
GROSS TABLE GAME REVENUE AND GROSS INTERACTIVE GAMING REVENUE,
COMPUTERIZED SYSTEMS FOR CONTROLLING AND MONITORING SLOT
MACHINES [OR], TABLE GAMES OR INTERACTIVE GAMES, INCLUDING, BUT
NOT LIMITED TO, THE CENTRAL CONTROL COMPUTER TO WHICH ALL SLOT
MACHINES COMMUNICATE [AND], DEVICES FOR WEIGHING OR COUNTING
MONEY[.] AND INTERACTIVE GAMING DEVICES AND ASSOCIATED EQUIPMENT
NECESSARY FOR THE OPERATION OF INTERACTIVE GAMES AS APPROVED BY
THE PENNSYLVANIA GAMING CONTROL BOARD. THE TERM SHALL NOT
INCLUDE COUNT ROOM EQUIPMENT.
* * *
"AUTHORIZED INTERACTIVE GAME." AN INTERACTIVE GAME APPROVED
BY REGULATION OF THE PENNSYLVANIA GAMING CONTROL BOARD TO BE
SUITABLE FOR INTERACTIVE GAMING OFFERED BY AN INTERACTIVE GAMING
CERTIFICATE HOLDER OR OTHER PERSONS ON BEHALF OF A SLOT MACHINE
LICENSEE IN ACCORDANCE WITH CHAPTER 13B (RELATING TO INTERACTIVE
GAMING).
* * *
"CASH EQUIVALENT." AN ASSET THAT IS READILY CONVERTIBLE TO
CASH, INCLUDING, BUT NOT LIMITED TO, ANY OF THE FOLLOWING:
(1) CHIPS OR TOKENS.
(2) TRAVELERS CHECKS.
(3) FOREIGN CURRENCY AND COIN.
(4) CERTIFIED CHECKS, CASHIER'S CHECKS AND MONEY ORDERS.
(5) PERSONAL CHECKS OR DRAFTS.
(6) A NEGOTIABLE INSTRUMENT APPLIED AGAINST CREDIT
EXTENDED BY A CERTIFICATE HOLDER, AN INTERACTIVE GAMING
CERTIFICATE HOLDER, A HOLDER OF AN INTERACTIVE GAMING LICENSE
OR A FINANCIAL INSTITUTION.
(7) ANY OTHER INSTRUMENT OR REPRESENTATION OF VALUE THAT
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THE PENNSYLVANIA GAMING CONTROL BOARD DEEMS A CASH
EQUIVALENT.
"CASINO SIMULCASTING." THE SIMULTANEOUS TRANSMISSION OF LIVE
THOROUGHBRED OR HARNESS HORSE RACE MEETINGS FROM AN IN-STATE
SENDING RACETRACK, OUT-OF-STATE SENDING RACETRACK OR A SATELLITE
FACILITY, REGARDLESS OF LICENSURE STATUS OR WHETHER THE HORSE
RACE MEETINGS ORIGINATE WITHIN THIS COMMONWEALTH OR ANY OTHER
STATE OR JURISDICTION, TO A SIMULCASTING FACILITY IN THIS
COMMONWEALTH BY SATELLITE DEVICES, TELEVISION CABLES, TELEPHONE
LINES OR ANY OTHER TELECOMMUNICATIONS TECHNOLOGY FOR THE
PURPOSES OF CONDUCTING PARI-MUTUEL WAGERING.
"CASINO SIMULCASTING PERMIT" OR "SIMULCASTING PERMIT." A
PERMIT AWARDED BY THE BOARD UNDER SECTION 13C12 (RELATING TO
CASINO SIMULCASTING PERMIT) WHICH AUTHORIZES A CATEGORY 2
LICENSED GAMING ENTITY TO CONDUCT CASINO SIMULCASTING.
"CASINO SIMULCASTING PERMIT HOLDER." A CATEGORY 2 LICENSED
GAMING ENTITY THAT HOLDS A CASINO SIMULCASTING PERMIT ISSUED BY
THE BOARD IN ACCORDANCE WITH SECTION 13C12 (RELATING TO CASINO
SIMULCASTING PERMIT).
* * *
"CHEAT." TO DEFRAUD OR STEAL FROM ANY PLAYER, SLOT MACHINE
LICENSEE OR THE COMMONWEALTH WHILE OPERATING OR PLAYING A SLOT
MACHINE [OR], TABLE GAME[,] OR AUTHORIZED INTERACTIVE GAME,
INCLUDING CAUSING, AIDING, ABETTING OR CONSPIRING WITH ANOTHER
PERSON TO DO SO. THE TERM SHALL ALSO MEAN TO ALTER OR CAUSING,
AIDING, ABETTING OR CONSPIRING WITH ANOTHER PERSON TO ALTER THE
ELEMENTS OF CHANCE, METHOD OF SELECTION OR CRITERIA WHICH
DETERMINE:
(1) THE RESULT OF A SLOT MACHINE GAME [OR], TABLE GAME
OR AUTHORIZED INTERACTIVE GAME.
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(2) THE AMOUNT OR FREQUENCY OF PAYMENT IN A SLOT MACHINE
GAME [OR], TABLE GAME OR AUTHORIZED INTERACTIVE GAME.
(3) THE VALUE OF A WAGERING INSTRUMENT.
(4) THE VALUE OF A WAGERING CREDIT.
THE TERM DOES NOT INCLUDE ALTERING A SLOT MACHINE, TABLE GAME
DEVICE OR ASSOCIATED EQUIPMENT OR INTERACTIVE GAMING DEVICE OR
ASSOCIATED EQUIPMENT FOR MAINTENANCE OR REPAIR WITH THE APPROVAL
OF A SLOT MACHINE LICENSEE.
"CHEATING OR THIEVING DEVICE." A DEVICE, SOFTWARE OR
HARDWARE USED OR POSSESSED WITH THE INTENT TO BE USED TO CHEAT
DURING THE OPERATION OR PLAY OF ANY SLOT MACHINE [OR], TABLE
GAME OR AUTHORIZED INTERACTIVE GAME. THE TERM SHALL ALSO INCLUDE
ANY DEVICE USED TO ALTER A SLOT MACHINE [OR], A TABLE GAME
DEVICE OR ASSOCIATED EQUIPMENT, AN AUTHORIZED INTERACTIVE GAME
OR INTERACTIVE GAMING DEVICE OR ASSOCIATED EQUIPMENT WITHOUT THE
SLOT MACHINE LICENSEE'S APPROVAL.
* * *
["COMMISSION" OR "COMMISSIONS."] "COMMISSION," "COMMISSIONS"
OR "APPROPRIATE COMMISSION." THE STATE HORSE RACING COMMISSION
OR THE STATE HARNESS RACING COMMISSION, OR BOTH AS THE CONTEXT
MAY REQUIRE.
* * *
"CONDUCT OF GAMING." THE LICENSED PLACEMENT, OPERATION AND
PLAY OF SLOT MACHINES [AND], TABLE GAMES, INTERACTIVE GAMING AND
CASINO SIMULCASTING UNDER THIS PART, AS AUTHORIZED AND APPROVED
BY THE PENNSYLVANIA GAMING CONTROL BOARD.
"CONTEST." A SLOT MACHINE, TABLE GAME OR AUTHORIZED
INTERACTIVE GAME COMPETITION AMONG PLAYERS FOR CASH, CASH
EQUIVALENTS OR PRIZES.
* * *
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"COUNTERFEIT CHIP." ANY OBJECT OR THING THAT IS:
(1) USED OR INTENDED TO BE USED TO PLAY A TABLE GAME AT
A CERTIFICATE HOLDER'S LICENSED FACILITY AND WHICH WAS NOT
ISSUED BY THAT CERTIFICATE HOLDER FOR SUCH USE; [OR]
(2) PRESENTED TO A CERTIFICATE HOLDER FOR REDEMPTION IF
THE OBJECT WAS NOT ISSUED BY THE CERTIFICATE HOLDER[.];
(3) USED OR INTENDED TO BE USED TO PLAY AN AUTHORIZED
INTERACTIVE GAME WHICH WAS NOT APPROVED BY THE INTERACTIVE
GAMING CERTIFICATE HOLDER FOR SUCH USE; OR
(4) PRESENTED DURING PLAY OF AN AUTHORIZED INTERACTIVE
GAME FOR REDEMPTION, IF THE OBJECT OR THING WAS NOT ISSUED BY
THE INTERACTIVE GAMING CERTIFICATE HOLDER OR OTHER PERSON ON
BEHALF OF AN INTERACTIVE GAMING CERTIFICATE HOLDER.
* * *
"GAMING EMPLOYEE." ANY EMPLOYEE OF A SLOT MACHINE LICENSEE,
INCLUDING, BUT NOT LIMITED TO:
(1) CASHIERS.
(2) CHANGE PERSONNEL.
(3) COUNT ROOM PERSONNEL.
(4) SLOT ATTENDANTS.
(5) HOSTS OR OTHER INDIVIDUALS AUTHORIZED TO EXTEND
COMPLIMENTARY SERVICES, INCLUDING EMPLOYEES PERFORMING
FUNCTIONS SIMILAR TO THOSE PERFORMED BY A GAMING JUNKET
REPRESENTATIVE.
(6) MACHINE MECHANICS, COMPUTER MACHINE TECHNICIANS OR
TABLE GAME DEVICE TECHNICIANS.
(7) SECURITY PERSONNEL.
(8) SURVEILLANCE PERSONNEL.
(9) PROMOTIONAL PLAY SUPERVISORS, CREDIT SUPERVISORS,
PIT SUPERVISORS, CASHIER SUPERVISORS, SHIFT SUPERVISORS,
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TABLE GAME MANAGERS AND ASSISTANT MANAGERS AND OTHER
SUPERVISORS AND MANAGERS, EXCEPT FOR THOSE SPECIFICALLY
IDENTIFIED IN THIS PART AS KEY EMPLOYEES.
(10) BOXMEN.
(11) DEALERS OR CROUPIERS.
(12) FLOORMEN.
(13) PERSONNEL AUTHORIZED TO ISSUE PROMOTIONAL PLAY.
(14) PERSONNEL AUTHORIZED TO ISSUE CREDIT.
THE TERM SHALL INCLUDE EMPLOYEES OF A PERSON HOLDING A
SUPPLIER'S LICENSE WHOSE DUTIES ARE DIRECTLY INVOLVED WITH THE
REPAIR OR DISTRIBUTION OF SLOT MACHINES, TABLE GAME DEVICES OR
ASSOCIATED EQUIPMENT, INTERACTIVE GAMING DEVICES OR ASSOCIATED
EQUIPMENT OR CASINO SIMULCASTING TECHNOLOGY AND EQUIPMENT SOLD
OR PROVIDED TO A LICENSED FACILITY WITHIN THIS COMMONWEALTH AS
DETERMINED BY THE PENNSYLVANIA GAMING CONTROL BOARD. THE TERM
SHALL FURTHER INCLUDE EMPLOYEES OF A PERSON AUTHORIZED BY THE
BOARD TO SUPPLY GOODS AND SERVICES RELATED TO INTERACTIVE GAMING
AND CASINO SIMULCASTING OR ANY SUBCONTRACTOR OR AN EMPLOYEE OF A
SUBCONTRACTOR THAT SUPPLIES INTERACTIVE GAMING DEVICES OR
ASSOCIATED EQUIPMENT TO A HOLDER OF AN INTERACTIVE GAMING
CERTIFICATE OR INTERACTIVE GAMING LICENSE OR THAT SUPPLIES
CASINO SIMULCASTING TECHNOLOGY OR EQUIPMENT TO A CATEGORY 2 SLOT
MACHINE LICENSEE. THE TERM DOES NOT INCLUDE BARTENDERS, COCKTAIL
SERVERS OR OTHER PERSONS ENGAGED SOLELY IN PREPARING OR SERVING
FOOD OR BEVERAGES, CLERICAL OR SECRETARIAL PERSONNEL, PARKING
ATTENDANTS, JANITORIAL, STAGE, SOUND AND LIGHT TECHNICIANS AND
OTHER NONGAMING PERSONNEL AS DETERMINED BY THE BOARD.
* * *
"GAMING SCHOOL." ANY EDUCATIONAL INSTITUTION APPROVED BY THE
DEPARTMENT OF EDUCATION AS AN ACCREDITED COLLEGE OR UNIVERSITY,
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COMMUNITY COLLEGE, PENNSYLVANIA PRIVATE LICENSED SCHOOL OR ITS
EQUIVALENT AND WHOSE CURRICULUM GUIDELINES ARE APPROVED BY THE
DEPARTMENT OF LABOR AND INDUSTRY TO PROVIDE EDUCATION AND JOB
TRAINING RELATED TO EMPLOYMENT OPPORTUNITIES ASSOCIATED WITH
SLOT MACHINES [OR], TABLE GAMES, CASINO SIMULCASTING OR
INTERACTIVE GAMING, INCLUDING SLOT MACHINE, TABLE GAME DEVICE
AND ASSOCIATED EQUIPMENT MAINTENANCE AND REPAIR AND INTERACTIVE
GAMING DEVICES AND ASSOCIATED EQUIPMENT MAINTENANCE AND REPAIR.
"GAMING SERVICE PROVIDER." A PERSON THAT IS NOT REQUIRED TO
BE LICENSED AS A MANUFACTURER, SUPPLIER, MANAGEMENT COMPANY OR
GAMING JUNKET ENTERPRISE AND:
(1) PROVIDES GOODS OR SERVICES, INCLUDING, BUT NOT
LIMITED TO, COUNT ROOM EQUIPMENT, TO A SLOT MACHINE LICENSEE
OR AN APPLICANT FOR A SLOT MACHINE LICENSE FOR USE IN THE
OPERATION OF A LICENSED FACILITY; OR
(2) PROVIDES GOODS OR SERVICES AT A LICENSED FACILITY.
* * *
"GROSS INTERACTIVE GAMING REVENUE." THE TOTAL OF ALL CASH OR
CASH EQUIVALENT WAGERS PAID BY REGISTERED PLAYERS TO AN
INTERACTIVE GAMING CERTIFICATE HOLDER IN CONSIDERATION FOR THE
PLAY OF AUTHORIZED INTERACTIVE GAMES, MINUS:
(1) THE TOTAL OF CASH OR CASH EQUIVALENTS PAID OUT TO
REGISTERED PLAYERS AS WINNINGS.
(2) THE CASH EQUIVALENT VALUE OF ANY PERSONAL PROPERTY
OR OTHER NONCASH ITEMS OR THINGS OF VALUE INCLUDED IN A
DRAWING, CONTEST OR TOURNAMENT AND DISTRIBUTED TO REGISTERED
PLAYERS AS A RESULT OF PLAYING AUTHORIZED INTERACTIVE GAMES.
(3) ANY ADMINISTRATIVE FEE, OPERATIONAL FEE OR TAX PAID
TO ANOTHER STATE OR JURISDICTION PURSUANT TO AN INTERACTIVE
GAMING RECIPROCAL AGREEMENT.
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AMOUNTS DEPOSITED WITH AN INTERACTIVE GAMING CERTIFICATE HOLDER
FOR PURPOSES OF INTERACTIVE GAMING AND AMOUNTS TAKEN IN
FRAUDULENT ACTS PERPETRATED AGAINST AN INTERACTIVE GAMING
CERTIFICATE HOLDER FOR WHICH THE INTERACTIVE GAMING CERTIFICATE
HOLDER IS NOT REIMBURSED MAY NOT BE CONSIDERED TO HAVE BEEN PAID
TO THE INTERACTIVE GAMING CERTIFICATE HOLDER FOR PURPOSES OF
CALCULATING GROSS INTERACTIVE GAMING REVENUE.
* * *
"HYBRID SLOT MACHINE." A SLOT MACHINE IN WHICH A COMBINATION
OF THE SKILL OF THE PLAYER AND CHANCE AFFECTS THE OUTCOME OF THE
GAME.
* * *
"IN-STATE SENDING TRACK." A RACETRACK WITHIN THIS
COMMONWEALTH WHICH IS OPERATED BY A LICENSED CORPORATION AND IS
PERMITTED TO CONDUCT CASINO SIMULCASTING.
* * *
"INTERACTIVE GAME." ANY GAMBLING GAME OFFERED THROUGH THE
USE OF COMMUNICATIONS TECHNOLOGY THAT ALLOWS A PERSON, UTILIZING
MONEY, CHECKS, ELECTRONIC CHECKS, ELECTRONIC TRANSFERS OF MONEY,
CREDIT CARDS OR ANY OTHER INSTRUMENTALITY TO TRANSMIT ELECTRONIC
INFORMATION TO ASSIST IN THE PLACEMENT OF A BET OR WAGER AND
CORRESPONDING INFORMATION RELATED TO THE DISPLAY OF THE GAME,
GAME OUTCOMES OR OTHER SIMILAR INFORMATION. THE TERM SHALL NOT
INCLUDE:
(1) A LOTTERY GAME OR INTERNET INSTANT GAME AS DEFINED
IN THE ACT OF AUGUST 26, 1971 (P.L.351, NO.91), KNOWN AS THE
STATE LOTTERY LAW.
(2) NONGAMBLING GAMES THAT DO NOT OTHERWISE REQUIRE A
LICENSE UNDER THE LAWS OF THIS COMMONWEALTH.
FOR THE PURPOSES OF THIS DEFINITION, THE TERM "COMMUNICATIONS
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TECHNOLOGY" SHALL MEAN ANY METHOD USED AND THE COMPONENTS
EMPLOYED TO FACILITATE THE TRANSMISSION AND RECEIPT OF
INFORMATION, INCLUDING TRANSMISSION AND RECEPTION BY SYSTEMS
USING WIRE, WIRELESS, CABLE, RADIO, MICROWARE, LIGHT, FIBER
OPTICS, SATELLITE OR COMPUTER DATA NETWORKS, INCLUDING THE
INTERNET AND INTRANETS, AS APPROVED BY THE BOARD.
"INTERACTIVE GAMING." THE PLACING OF BETS OR WAGERS WITH AN
INTERACTIVE GAMING CERTIFICATE HOLDER OR INTERACTIVE GAMING
LICENSEE LOCATED IN THIS COMMONWEALTH USING A COMPUTER NETWORK
OF BOTH FEDERAL AND NON-FEDERAL INTEROPERABLE PACKET SWITCHED
DATA NETWORKS THROUGH WHICH AN INTERACTIVE GAMING CERTIFICATE
HOLDER MAY OFFER AUTHORIZED INTERACTIVE GAMES TO REGISTERED
PLAYERS.
"INTERACTIVE GAMING ACCOUNT." THE FORMAL, ELECTRONIC SYSTEM
IMPLEMENTED BY AN INTERACTIVE GAMING CERTIFICATE HOLDER TO
RECORD THE BALANCE OF A REGISTERED PLAYER'S DEBITS, CREDITS AND
OTHER ACTIVITY RELATED TO INTERACTIVE GAMING.
"INTERACTIVE GAMING ACCOUNT AGREEMENT." AN AGREEMENT ENTERED
INTO BETWEEN AN INTERACTIVE GAMING CERTIFICATE HOLDER OR OTHER
PERSON ON BEHALF OF AN INTERACTIVE GAMING CERTIFICATE HOLDER AND
AN INDIVIDUAL WHICH GOVERNS THE TERMS AND CONDITIONS OF THE
INDIVIDUAL'S INTERACTIVE GAMING ACCOUNT AND THE USE OF THE
INTERNET FOR PURPOSES OF PLACING BETS OR WAGERS ON AUTHORIZED
INTERACTIVE GAMES OPERATED BY AN INTERACTIVE GAMING CERTIFICATE
HOLDER OR OTHER PERSON ON BEHALF OF AN INTERACTIVE GAMING
CERTIFICATE HOLDER IN THIS COMMONWEALTH.
"INTERACTIVE GAMING AGREEMENT." AN AGREEMENT ENTERED INTO BY
OR BETWEEN AN INTERACTIVE GAMING CERTIFICATE HOLDER AND AN
INTERACTIVE GAMING OPERATOR RELATED TO THE OFFERING OR OPERATION
OF INTERACTIVE GAMING OR AN INTERACTIVE GAMING SYSTEM ON BEHALF
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OF AN INTERACTIVE GAMING CERTIFICATE HOLDER.
"INTERACTIVE GAMING CERTIFICATE." THE AUTHORIZATION ISSUED
TO A SLOT MACHINE LICENSEE BY THE PENNSYLVANIA GAMING CONTROL
BOARD AUTHORIZING THE OPERATION AND CONDUCT OF INTERACTIVE
GAMING BY A SLOT MACHINE LICENSEE OR OTHER PERSON ON BEHALF OF A
SLOT MACHINE LICENSEE IN ACCORDANCE WITH CHAPTER 13B.
"INTERACTIVE GAMING CERTIFICATE HOLDER." A SLOT MACHINE
LICENSEE THAT HAS BEEN GRANTED AUTHORIZATION BY THE PENNSYLVANIA
GAMING CONTROL BOARD TO OPERATE AUTHORIZED INTERACTIVE GAMES IN
ACCORDANCE WITH CHAPTER 13B.
"INTERACTIVE GAMING DEVICE." ALL HARDWARE AND SOFTWARE AND
OTHER TECHNOLOGY, EQUIPMENT OR DEVICE OF ANY KIND AS DETERMINED
BY THE PENNSYLVANIA GAMING CONTROL BOARD TO BE NECESSARY FOR THE
CONDUCT OF AUTHORIZED INTERACTIVE GAMES.
"INTERACTIVE GAMING LICENSE." A LICENSE ISSUED TO A PERSON
BY THE PENNSYLVANIA GAMING CONTROL BOARD UNDER CHAPTER 13B.
"INTERACTIVE GAMING OPERATOR." A PERSON, INCLUDING AN
AFFILIATE OF A SLOT MACHINE LICENSEE, AUTHORIZED BY THE
PENNSYLVANIA GAMING CONTROL BOARD TO OPERATE INTERACTIVE GAMING
OR AN INTERACTIVE GAMING SYSTEM ON BEHALF OF AN INTERACTIVE
GAMING CERTIFICATE HOLDER.
"INTERACTIVE GAMING PLATFORM." THE COMBINATION OF HARDWARE
AND SOFTWARE OR OTHER TECHNOLOGY DESIGNED AND USED TO MANAGE,
CONDUCT AND RECORD INTERACTIVE GAMES AND THE BETS OR WAGERS
ASSOCIATED WITH INTERACTIVE GAMES, AS APPROVED BY THE
PENNSYLVANIA GAMING CONTROL BOARD. THE TERM SHALL INCLUDE ANY
EMERGING OR NEW TECHNOLOGY DEPLOYED TO ADVANCE THE CONDUCT AND
OPERATION OF INTERACTIVE GAMING, AS APPROVED THROUGH REGULATION
BY THE PENNSYLVANIA GAMING CONTROL BOARD.
"INTERACTIVE GAMING RECIPROCAL AGREEMENT." AN AGREEMENT
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NEGOTIATED BY THE PENNSYLVANIA GAMING CONTROL BOARD ON BEHALF OF
THE COMMONWEALTH WITH THE AUTHORIZED AGENCY OF ONE OR MORE
STATES OR JURISDICTIONS WHERE INTERACTIVE GAMING IS LEGALLY
AUTHORIZED WHICH WILL PERMIT THE CONDUCT OF INTERACTIVE GAMING
BETWEEN INTERACTIVE GAMING CERTIFICATE HOLDERS IN THIS
COMMONWEALTH AND LICENSED GAMING ENTITIES IN THE STATES OR
JURISDICTIONS THAT ARE PARTIES TO THE AGREEMENT.
"INTERACTIVE GAMING RESTRICTED AREA." ANY ROOM OR AREA, AS
APPROVED BY THE PENNSYLVANIA GAMING CONTROL BOARD, USED BY AN
INTERACTIVE GAMING CERTIFICATE HOLDER TO MANAGE, CONTROL AND
OPERATE INTERACTIVE GAMING, INCLUDING, WHERE APPROVED BY THE
BOARD, REDUNDANCY FACILITIES.
"INTERACTIVE GAMING SKIN OR SKINS." THE PORTAL OR PORTALS TO
AN INTERACTIVE GAMING PLATFORM OR INTERNET WEBSITE THROUGH WHICH
AUTHORIZED INTERACTIVE GAMES ARE MADE AVAILABLE TO REGISTERED
PLAYERS BY AN INTERACTIVE GAMING CERTIFICATE HOLDER OR OTHER
PERSON ON BEHALF OF AN INTERACTIVE GAMING CERTIFICATE HOLDER IN
THIS COMMONWEALTH OR PLAYERS IN ANY OTHER STATE OR JURISDICTION
IN WHICH AN INTERACTIVE GAMING RECIPROCAL AGREEMENT HAS BEEN
ENTERED.
"INTERACTIVE GAMING SYSTEM." ALL HARDWARE, SOFTWARE AND
COMMUNICATIONS THAT COMPRISE A TYPE OF SERVER-BASED GAMING
SYSTEM FOR THE PURPOSE OF OFFERING AUTHORIZED INTERACTIVE GAMES.
"INTERNET WEBSITE." THE INTERACTIVE GAMING SKIN OR SKINS OR
INTERNET PORTAL OR PORTALS THROUGH WHICH AN INTERACTIVE GAMING
CERTIFICATE HOLDER OR OTHER PERSON MAKES INTERACTIVE GAMES
AVAILABLE FOR PLAY.
* * *
"KEY EMPLOYEE." ANY INDIVIDUAL WHO IS EMPLOYED IN A DIRECTOR
OR DEPARTMENT HEAD CAPACITY AND WHO IS EMPOWERED TO MAKE
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DISCRETIONARY DECISIONS THAT REGULATE SLOT MACHINE OR TABLE GAME
OPERATIONS, INTERACTIVE GAMING OPERATIONS OR CASINO
SIMULCASTING, INCLUDING THE GENERAL MANAGER AND ASSISTANT
MANAGER OF THE LICENSED FACILITY, DIRECTOR OF SLOT OPERATIONS,
DIRECTOR OF TABLE GAME OPERATIONS, DIRECTOR OF INTERACTIVE
GAMING, DIRECTOR OF CASINO SIMULCASTING, DIRECTOR OF CAGE AND/OR
CREDIT OPERATIONS, DIRECTOR OF SURVEILLANCE, DIRECTOR OF
MARKETING, DIRECTOR OF MANAGEMENT INFORMATION SYSTEMS, DIRECTOR
OF INTERACTIVE GAMING SYSTEM PROGRAMS OR OTHER SIMILAR JOB
CLASSIFICATIONS ASSOCIATED WITH INTERACTIVE GAMING AND CASINO
SIMULCASTING, PERSONS WHO MANAGE, CONTROL OR ADMINISTER
INTERACTIVE GAMES AND CASINO SIMULCASTING OR THE BETS AND WAGERS
ASSOCIATED WITH INTERACTIVE GAMES AND CASINO SIMULCASTING,
DIRECTOR OF SECURITY, COMPTROLLER AND ANY EMPLOYEE WHO IS NOT
OTHERWISE DESIGNATED AS A GAMING EMPLOYEE AND WHO SUPERVISES THE
OPERATIONS OF THESE DEPARTMENTS OR TO WHOM THESE DEPARTMENT
DIRECTORS OR DEPARTMENT HEADS REPORT AND SUCH OTHER POSITIONS
NOT OTHERWISE DESIGNATED OR DEFINED UNDER THIS PART WHICH THE
PENNSYLVANIA GAMING CONTROL BOARD SHALL DETERMINE BASED ON
DETAILED ANALYSES OF JOB DESCRIPTIONS AS PROVIDED IN THE
INTERNAL CONTROLS OF THE LICENSEE AS APPROVED BY THE
PENNSYLVANIA GAMING CONTROL BOARD. ALL OTHER GAMING EMPLOYEES
UNLESS OTHERWISE DESIGNATED BY THE PENNSYLVANIA GAMING CONTROL
BOARD SHALL BE CLASSIFIED AS NON-KEY EMPLOYEES.
* * *
"LICENSED CORPORATION." A LICENSED RACING ENTITY.
* * *
"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
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GAMING CONTROL BOARD UNDER CHAPTER 13A (RELATING TO TABLE
GAMES), TO CONDUCT TABLE GAMES AND IF AUTHORIZED UNDER CHAPTER
13B (RELATING TO INTERACTIVE GAMING), TO CONDUCT INTERACTIVE
GAMING. 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) AREA OF A CATEGORY 2 LICENSED FACILITY WHERE CASINO
SIMULCASTING IS CONDUCTED, AS APPROVED BY THE PENNSYLVANIA
GAMING CONTROL BOARD; AND
(5) FOR THE PURPOSES OF CHAPTER 13D (RELATING TO SLOT
MACHINES AT NONPRIMARY LOCATIONS), THE AREA OF A NONPRIMARY
LOCATION IN WHICH A CATEGORY 1 SLOT MACHINE LICENSEE IS
AUTHORIZED TO PLACE AND MAKE SLOT MACHINES AVAILABLE FOR
PLAY.
THE TERM SHALL NOT INCLUDE A REDUNDANCY FACILITY OR AN
INTERACTIVE GAMING RESTRICTED AREA WHICH IS NOT LOCATED ON THE
PREMISES OF A LICENSED FACILITY AS APPROVED BY THE PENNSYLVANIA
GAMING CONTROL BOARD AND WHICH IS MAINTAINED AND OPERATED BY AN
INTERACTIVE GAMING CERTIFICATE HOLDER IN CONNECTION WITH
INTERACTIVE GAMING OR CASINO SIMULCASTING.
* * *
"MANUFACTURER." A PERSON WHO MANUFACTURES, BUILDS, REBUILDS,
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FABRICATES, ASSEMBLES, PRODUCES, PROGRAMS, DESIGNS OR OTHERWISE
MAKES MODIFICATIONS TO ANY SLOT MACHINE, TABLE GAME DEVICE OR
ASSOCIATED EQUIPMENT OR AUTHORIZED INTERACTIVE GAMES FOR USE OR
PLAY OF SLOT MACHINES [OR], TABLE GAMES OR AUTHORIZED
INTERACTIVE GAMES IN THIS COMMONWEALTH FOR GAMING PURPOSES.
"MANUFACTURER LICENSE." A LICENSE ISSUED BY THE PENNSYLVANIA
GAMING CONTROL BOARD AUTHORIZING A MANUFACTURER TO MANUFACTURE
OR PRODUCE SLOT MACHINES, TABLE GAME DEVICES OR ASSOCIATED
EQUIPMENT OR INTERACTIVE GAMING DEVICES OR ASSOCIATED EQUIPMENT
FOR USE IN THIS COMMONWEALTH FOR GAMING PURPOSES.
* * *
"MULTISTATE WIDE-AREA PROGRESSIVE SLOT MACHINE SYSTEM." THE
LINKING OF SLOT MACHINES LOCATED IN THIS COMMONWEALTH WITH SLOT
MACHINES LOCATED IN ONE OR MORE STATES OR JURISDICTIONS IN WHICH
THE PENNSYLVANIA GAMING CONTROL BOARD HAS ENTERED INTO AN
INTERACTIVE RECIPROCAL AGREEMENT, AS APPROVED BY THE
PENNSYLVANIA GAMING CONTROL BOARD.
* * *
"NONPRIMARY LOCATION PERMIT." THE PERMIT ISSUED TO A
CATEGORY 1 SLOT MACHINE LICENSEE AUTHORIZING THE PLACEMENT AND
OPERATION OF SLOT MACHINES AT A NONPRIMARY LOCATION IN
ACCORDANCE WITH CHAPTER 13D (RELATING TO SLOT MACHINES AT
NONPRIMARY LOCATIONS).
"NONPRIMARY LOCATION PERMIT HOLDER." A CATEGORY 1 SLOT
MACHINE LICENSEE THAT HAS BEEN APPROVED FOR AND ISSUED A PERMIT
TO PLACE AND MAKE SLOT MACHINES AVAILABLE FOR PLAY AT A
NONPRIMARY LOCATION IN ACCORDANCE WITH CHAPTER 13D (RELATING TO
SLOT MACHINES AT NONPRIMARY LOCATIONS).
* * *
"OUT-OF-STATE SENDING TRACK." AN INTERSTATE OR INTERNATIONAL
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RACETRACK IN A STATE OR JURISDICTION OTHER THAN THIS
COMMONWEALTH WHICH IS EQUIPPED TO CONDUCT CASINO SIMULCASTING
AND THE OPERATOR OF WHICH IS LAWFULLY PERMITTED TO CONDUCT HORSE
RACE MEETINGS AND TO PROVIDE SIMULCAST HORSE RACES TO CATEGORY 2
LICENSED FACILITIES IN THIS COMMONWEALTH.
* * *
"PLAYER." AN INDIVIDUAL WAGERING CASH, A CASH EQUIVALENT OR
OTHER THING OF VALUE IN THE PLAY OR OPERATION OF A SLOT MACHINE
[OR], AN AUTHORIZED INTERACTIVE GAME OR A TABLE GAME, INCLUDING
DURING A CONTEST OR TOURNAMENT, THE PLAY OR OPERATION OF WHICH
MAY DELIVER OR ENTITLE THE INDIVIDUAL PLAYING OR OPERATING THE
SLOT MACHINE [OR], AUTHORIZED INTERACTIVE GAME OR TABLE GAME TO
RECEIVE CASH, A CASH EQUIVALENT OR OTHER THING OF VALUE FROM
ANOTHER PLAYER OR A SLOT MACHINE LICENSEE.
* * *
"PROGRESSIVE PAYOUT." A SLOT MACHINE WAGER PAYOUT THAT
INCREASES IN A MONETARY AMOUNT BASED ON THE AMOUNTS WAGERED IN A
PROGRESSIVE SYSTEM, INCLUDING A MULTISTATE WIDE-AREA PROGRESSIVE
SLOT MACHINE SYSTEM.
"PROGRESSIVE SYSTEM." A COMPUTERIZED SYSTEM LINKING SLOT
MACHINES IN ONE OR MORE LICENSED FACILITIES WITHIN THIS
COMMONWEALTH AND OFFERING ONE OR MORE COMMON PROGRESSIVE PAYOUTS
BASED ON THE AMOUNTS WAGERED. THE TERM SHALL INCLUDE THE LINKING
OF SLOT MACHINES IN A LICENSED FACILITY IN THIS COMMONWEALTH
WITH A MULTISTATE WIDE-AREA PROGRESSIVE SYSTEM OPERATED BY
GAMING ENTITIES IN ONE OR MORE STATES OR JURISDICTIONS.
* * *
"REDUNDANCY FACILITIES." ANY AND ALL ROOMS OR AREAS USED BY
A SLOT MACHINE LICENSEE FOR EMERGENCY BACKUP, REDUNDANCY OR
SECONDARY OPERATIONS ATTENDANT TO INTERACTIVE GAMING OR CASINO
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SIMULCASTING AS APPROVED BY THE PENNSYLVANIA GAMING CONTROL
BOARD.
"REGISTERED PLAYER." AN INDIVIDUAL WHO HAS ENTERED INTO AN
INTERACTIVE GAMING ACCOUNT AGREEMENT WITH AN INTERACTIVE GAMING
CERTIFICATE HOLDER.
* * *
"SIMULCAST HORSE RACE." A THOROUGHBRED OR HARNESS HORSE RACE
MEETING CONDUCTED AT A RACETRACK, WHETHER WITHIN OR OUTSIDE THIS
COMMONWEALTH, WHICH IS SIMULTANEOUSLY TRANSMITTED BY AN APPROVED
TELECOMMUNICATIONS TECHNOLOGY TO RACETRACKS OR SIMULCASTING
FACILITIES IN THIS COMMONWEALTH.
"SIMULCASTING FACILITY." AN AREA OF A CATEGORY 2 LICENSED
FACILITY ESTABLISHED AND MAINTAINED BY A CATEGORY 2 SLOT MACHINE
LICENSEE FOR THE CONDUCT OF CASINO SIMULCASTING IN ACCORDANCE
WITH CHAPTER 13C (RELATING TO CASINO SIMULCASTING), THE RACE
HORSE INDUSTRY REFORM ACT AND REGULATIONS OF THE BOARD AND THE
COMMISSIONS PROMULGATED PURSUANT TO CHAPTER 13C AND THE RACE
HORSE INDUSTRY REFORM ACT.
"SKILL." THE KNOWLEDGE, DEXTERITY, ADROITNESS, ACUMEN OR
OTHER MENTAL SKILL OF AN INDIVIDUAL.
"SKILL SLOT MACHINE." A SLOT MACHINE IN WHICH THE SKILL OF
THE PLAYER, RATHER THAN THE ELEMENTS OF CHANCE, IS THE
PREDOMINANT FACTOR IN AFFECTING THE OUTCOME OF THE GAME AS
DETERMINED OVER A PERIOD OF CONTINUOUS PLAY.
"SLOT MACHINE." INCLUDES:
(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
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USE OF ANY ELECTRONIC PAYMENT SYSTEM EXCEPT A CREDIT CARD OR
DEBIT CARD, 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 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] ALL OF
THE FOLLOWING:
(I) ASSOCIATED EQUIPMENT NECESSARY TO CONDUCT THE
OPERATION OF THE CONTRIVANCE, TERMINAL, MACHINE OR OTHER
DEVICE.
(II) A SKILL SLOT MACHINE, HYBRID SLOT MACHINE AND
THE DEVICES OR ASSOCIATED EQUIPMENT NECESSARY TO CONDUCT
THE OPERATION OF A SKILL SLOT MACHINE OR HYBRID SLOT
MACHINE.
(III) A MULTISTATE WIDE-AREA PROGRESSIVE SLOT
MACHINE AND DEVICES AND ASSOCIATED EQUIPMENT AS DEFINED
BY THE BOARD THROUGH REGULATIONS.
* * *
"SUPPLIER." A PERSON THAT SELLS, LEASES, OFFERS OR OTHERWISE
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PROVIDES, DISTRIBUTES OR SERVICES ANY SLOT MACHINE, TABLE GAME
DEVICE OR ASSOCIATED EQUIPMENT, INTERACTIVE GAMING DEVICE OR
ASSOCIATED EQUIPMENT, CASINO SIMULCASTING TECHNOLOGY OR
EQUIPMENT FOR USE OR PLAY OF SLOT MACHINES [OR], TABLE GAMES,
INTERACTIVE GAMES OR TO PARTICIPATE IN CASINO SIMULCASTING IN
THIS COMMONWEALTH.
"SUPPLIER LICENSE." A LICENSE ISSUED BY THE PENNSYLVANIA
GAMING CONTROL BOARD AUTHORIZING A SUPPLIER TO PROVIDE PRODUCTS
OR SERVICES RELATED TO SLOT MACHINES, TABLE GAME DEVICES OR
ASSOCIATED EQUIPMENT, INTERACTIVE GAMING DEVICE OR ASSOCIATED
EQUIPMENT OR CASINO SIMULCASTING TECHNOLOGY OR EQUIPMENT TO SLOT
MACHINE LICENSEES FOR USE IN THIS COMMONWEALTH FOR GAMING
PURPOSES.
"TABLE GAME DEVICE." INCLUDES GAMING TABLES, CARDS, DICE,
CHIPS, SHUFFLERS, TILES, DOMINOES, WHEELS[, DROP BOXES] OR ANY
MECHANICAL, ELECTRICAL OR COMPUTERIZED CONTRIVANCE, TERMINAL,
MACHINE OR OTHER DEVICE, APPARATUS, EQUIPMENT OR SUPPLIES
APPROVED BY THE PENNSYLVANIA GAMING CONTROL BOARD AND USED TO
CONDUCT A TABLE GAME.
* * *
Section 2.1. Title 4 is amended by adding a chapter to read:
CHAPTER 11A
VIDEO GAMING
Sec.
11A01. Definitions.
11A02. Powers and duties.
11A03. Licensing of manufacturers, distributors, terminal
operators and service technicians.
11A04. Video gaming license.
11A05. License prohibitions.
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11A06. Video gaming limitations.
11A07. Central computer system.
11A08. Video gaming terminal and redemption terminal.
11A09. Unlawful acts.
11A10. Enforcement.
11A11. Multiple types of licenses prohibited.
11A12. Establishment of account and distribution of funds.
11A13. Initial funding.
11A14. Preemption of local taxes and license fees.
11A15. Exemption from State gaming laws.
11A16. Exemption from Federal regulation.
11A17. Preemption.
11A18. Compulsive and problem gambling.
11A19. Provisional licenses.
11A20. Temporary video gaming regulations.
§ 11A01. 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:
"Central computer system." A central site computer system
controlled by the department and accessible by the board that at
all times is connected to video gaming terminals at licensed
establishments and that, at a minimum, is capable of monitoring,
communicating, auditing, retrieving information, generating
games, activating and disabling each video gaming terminal.
"Coin-operated amusement game." A machine that requires the
insertion of a coin, currency or token to play or activate a
game, the outcome of which is predominantly and primarily
determined by the skill of the player. The term does not include
a video gaming terminal.
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"Department." The Department of Revenue of the Commonwealth.
"Distributor." A person licensed by the board to buy, sell,
lease, service or distribute video gaming terminals. The term
does not include a terminal operator or a manufacturer.
"Enforcement Bureau." The Bureau of Liquor Control
Enforcement of the Pennsylvania State Police.
"Gaming machine." A device or game that has the outcome of
play primarily determined by chance. The term includes an
antique slot machine under 18 Pa.C.S. § 5513(c) (relating to
gambling devices, gambling, etc.) when used for profit. The term
shall not include any of the following:
(1) A coin-operated amusement game.
(2) A video gaming terminal that has all of its seals or
identification plates.
(3) A slot machine as defined under section 1103
(relating to definitions).
(4) A game of chance under the act of December 19, 1988
(P.L.1262, No.156), known as the Local Option Small Games of
Chance Act .
(5) A lottery terminal used under the act of August 26,
1971 (P.L.351, No.91), known as the State Lottery Law .
"Grocery store." A retail establishment, commonly known as a
grocery store, supermarket or delicatessen, where food, food
products and supplies are sold for human consumption on or off
the premises. The term shall include a restaurant with an
interior connection to, and the separate and segregated portion
of, any other retail establishment which is dedicated solely to
the sale of food, food products and supplies for the table for
human consumption on or off the premises.
"Gross revenue." The total of cash or cash equivalents used
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for the play of a video gaming terminal minus cash or cash
equivalent paid players as a result of playing a video gaming
terminal.
"Incentive." Any consideration, including a promotion or
prize, provided from a licensee under this chapter or an
employee of a licensee to a patron of a licensed establishment
as an enticement to play a video gaming terminal.
"Inducement." Any consideration paid directly or indirectly,
from a terminal operator, employee of the terminal operator or
any other person on behalf of the terminal operator, to a
licensed establishment owner or an employee of the licensed
establishment, directly or indirectly as an enticement to
solicit or maintain the licensed establishment owner's business.
The term includes cash, a gift, loan and prepayment of gross
revenue.
"Licensed establishment." A licensed liquor establishment or
a truck stop establishment with a video gaming license granted
under § 11A05 (relating to license prohibitions).
"Licensed liquor establishment." A brew pub, club, hotel,
privately owned public golf course or restaurant as defined or
licensed under the act of April 12, 1951 (P.L.90, No.21), known
as the Liquor Code, that operates under a valid liquor or malt
or brewed beverage license under Article IV of the Liquor Code.
The term shall not include a grocery store or a hotel or
restaurant whose place of business is located in a licensed
facility as defined in 4 Pa.C.S. § 1103 (relating to
definitions).
"Manufacturer." A person that:
(1) is licensed by the board; and
(2) manufactures, produces or assembles video gaming
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terminals or major parts and components of video gaming
terminals.
"Minor." An individual who is less than 21 years of age.
"Redemption terminal." The collective hardware, software,
communications technology and other ancillary equipment used to
facilitate the payment of cash or cash equivalent to a player as
a result of playing a video gaming terminal.
"Service technician." An individual licensed by the board to
service, maintain and repair video gaming terminals.
"State Lottery." The lottery established and operated under
the act of August 26, 1971 (P.L.351, No.91), known as the State
Lottery Law .
"Terminal operator." A person that:
(1) is licensed by the board; and
(2) owns, services or maintains video gaming terminals
for placement in licensed establishments.
"Truck stop establishment." A premises that is equipped with
diesel islands used for fueling commercial motor vehicles, has
sold on average 50,000 gallons of diesel or biodiesel fuel each
month for the previous 12 months or is projected to sell an
average of 50,000 gallons of diesel or biodiesel fuel each month
for the next 12 months, has parking spaces dedicated for
commercial motor vehicles, has a convenience store and is
situated on a parcel of land not less than three acres.
"Video gaming license." A license issued by the board
authorizing the placement and operation of video gaming
terminals at the licensed establishment specified in the
application for licensure.
"Video gaming terminal." A device or terminal:
(1) that, upon insertion of a coin or currency, will
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play or simulate the play of a video poker, bingo, keno, slot
machine, blackjack or any other game authorized by the board;
(2) that utilizes a video display and microprocessor;
and
(3) in which, by the skill of the player or by chance,
the player may receive a free game or credit that may be
redeemed for cash at a redemption terminal.
§ 11A02. Powers and duties.
The board shall regulate and adopt standards for video gaming
as authorized under this chapter.
§ 11A03. Licensing of manufacturers, distributors, terminal
operators and service technicians.
(a) Application.--A person that applies to the board for a
manufacturer, distributor, terminal operator or service
technician license related to video gaming under this section
shall do so on a form prescribed by the board.
(b) Application fee.--
(1) An applicant for a manufacturer or distributor
license must pay a nonrefundable application fee of $50,000.
(2) An applicant for a terminal operator license must
pay a nonrefundable application fee of $10,000.
(3) An applicant for a service technician license must
pay a nonrefundable application fee of $100.
(c) Production of information.--An applicant must produce
information, documentation and assurances as required by the
board, including:
(1) Written consent by the applicant to provide for the
examination of financial and business accounts, bank
accounts, tax returns and related records in the applicant's
possession or under the applicant's control that establish
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the financial stability, integrity and responsibility of the
license applicant.
(2) Written authorization by the applicant for third
parties in possession or control of accounts or records under
paragraph (1) to allow for examination of such documents as
deemed necessary by the board or the Pennsylvania State
Police in conducting background investigations.
(3) If the applicant has conducted a gaming operation in
a jurisdiction that permits such activity, a letter of
reference from the gaming or casino enforcement or control
agency that specifies the experience of the agency with the
applicant, the applicant's associates and the applicant's
gaming operations. If the applicant is unable to obtain the
letter within 60 days of the request, the applicant may
submit a copy of the letter requesting the information,
together with a statement under oath or affirmation that,
during the period activities were conducted, the applicant
was in good standing with the appropriate gambling or casino
enforcement control agency.
(4) Information, documentation and assurances as
required by the board to establish the applicant's good
character, honesty and integrity. Information under this
paragraph may relate to family, habits, character,
reputation, business affairs, financial affairs, business
associates, professional associates and personal associates,
covering the 10-year period immediately preceding the filing
of the application.
(d) Background investigation.--Pennsylvania State Police
shall conduct, at the request of the board, a background
investigation of an applicant for a manufacturer, distributor or
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terminal operator license as follows:
(1) The applicant shall consent to a background
investigation and provide any and all information requested
by the Pennsylvania State Police and consent to a release of
any and all information necessary for the completion of the
background investigation, which information shall include
fingerprints.
(2) The background investigation shall include a
security, criminal and credit investigation by the
Pennsylvania State Police, which shall include records of
criminal arrests and convictions, in any jurisdiction,
including Federal criminal history record information. The
investigation may utilize information about the applicant
compiled by the Pennsylvania Liquor Control Board. The
Pennsylvania State Police may share investigation information
with the board to the extent permitted by Federal and State
law as determined by the Pennsylvania State Police. None of
the information obtained by the Pennsylvania State Police may
be disclosed publicly nor be subject to disclosure under the
act of February 14, 2008 (P.L.6, No.3), known as the Right-
to-Know Law .
(3) The background investigation shall include an
examination of personal, financial or business records,
including tax returns, bank accounts, business accounts,
mortgages and contracts to which the applicant is a party or
has an interest.
(4) The background investigation shall include an
examination of personal or business relationships that:
(i) Include a partial ownership or voting interest
in a partnership, association or corporation.
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(ii) Bear on the fitness of the applicant for
licensure.
(5) The applicant shall reimburse the bureau for the
actual costs of conducting the background investigation. The
board may not approve an applicant that has not fully
reimbursed the Pennsylvania State Police for the
investigation.
(e) Eligibility.--To be eligible for a license under this
section, an applicant for a manufacturer, distributor, terminal
operator or service technician license must comply with all of
the following:
(1) Be of good moral character and reputation in the
community.
(2) Be 18 years of age or older.
(3) Be current in the payment of all taxes, interest and
penalties owed to the Commonwealth and political subdivisions
of the Commonwealth. This paragraph excludes taxes subject to
a timely administrative or judicial appeal or subject to a
duly authorized deferred payment plan.
(4) An applicant for a manufacturer, distributor or
terminal operator license must also demonstrate sufficient
financial resources to support the activities required of,
respectively, a manufacturer, distributor or terminal
operator related to video gaming terminals.
(f) Review and approval.--The board shall review the
information submitted by the applicant and the investigation
information provided by the Pennsylvania State Police. If being
satisfied that the requirements of subsection (e) have been met,
the board may approve the application and grant the applicant a
manufacturer, distributor or terminal operator license
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consistent with all of the following:
(1) The license shall be valid for a period of two
years. Nothing in this paragraph shall be construed to
relieve the licensee of the affirmative duty to notify the
board of any change relating to the status of its license or
to any other information contained in application materials
on file with the board.
(2) The license shall be nontransferable.
(3) Any other condition established by the board.
(g) Annual fees.--
(1) The annual fee for a terminal operator license shall
be $25,000 for a terminal operator that has placed 50 or
fewer video gaming terminals at licensed establishments in
this Commonwealth. An additional annual fee of $500 shall be
charged per video gaming terminal license for a terminal
operator that has placed more than 50 video gaming terminals
at licensed establishments in this Commonwealth.
(2) The annual fee for a distributor license shall be
$10,000.
(3) The annual fee for a manufacturer license shall be
$10,000.
(4) The annual fee for a service technician license
shall be $100.
(h) Renewal and late filing fees.--
(1) Sixty days prior to expiration of the license, the
licensee seeking renewal of the license shall submit a
renewal application accompanied by the annual fee or the
license shall be subject to appropriate late filing fees.
(2) If the renewal application satisfies the
requirements of subsection (e), the board may renew the
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license.
(3) If the board receives a complete renewal application
but fails to act upon the renewal application prior to the
expiration of the license, the license shall continue in
effect for an additional six-month period or until acted upon
by the board, whichever occurs first.
(4) The board may accept renewal applications filed less
than 60 days before the effective date of renewal upon the
payment of the requisite annual fees and an additional late
filing fee of $100. A renewal application filed on or after
the effective date of renewal shall be accompanied by the
requisite annual fee and an additional late filing fee of
$250. A renewal application may not be considered for
approval unless accompanied by the requisite annual and late
filing fees, tax clearance and any other information required
by the board.
(i) Validation of licenses and late filing fees.--
(1) One year after the issuance or renewal of a license,
the licensee shall file an application for validation of the
license with the requisite annual fees and tax clearance, at
least 60 days before the effective date of the validation or
the license shall be subject to appropriate late filing fees.
(2) The board may accept a validation application filed
less than 60 days before the effective date of renewal upon
the payment of the requisite annual fee and an additional
late filing fee of $100. A validation application filed on or
after the effective date of validation shall be accompanied
by the requisite annual fee and an additional late filing fee
of $250. A validation application may not be considered for
approval unless accompanied by the requisite annual and late
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filing fees, tax clearance and any other information required
by the board.
(j) Third-party disclosure.--An applicant must accept any
risk of adverse public notice, embarrassment, criticism, damages
or financial loss, which may result from disclosure or
publication by a third party of material or information
requested by the board pursuant to action on an application. The
applicant expressly must waive a claim against the board or the
Commonwealth and the applicant's employees from damages as a
result of disclosure or publication by a third party.
(k) Hearing upon denial.--A person that is denied a license
or the renewal of a license under this section has the right to
a hearing before the board in accordance with the provisions of
2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of
Commonwealth agencies) and 7 Subch. A (relating to judicial
review of Commonwealth agency action).
§ 11A04. Video gaming license.
(a) Application.--A person that applies to the board for a
video gaming license under this section shall do so on a form
prescribed by the board.
(b) Licensed liquor establishment.--Except as provided in
section 11A05 (relating to license prohibitions), the board
shall issue a video gaming license to a licensed liquor
establishment upon a showing that the establishment's liquor or
retail dispenser license is valid and is in good standing with
the Pennsylvania Liquor Control Board.
(c) Truck stop establishment.--The board shall issue a
license to a truck stop establishment if the person who owns
establishment meets the following requirements:
(1) Is of good moral character and reputation in the
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community.
(2) Is 18 years of age or older.
(3) Is current in the payment of all taxes, interest and
penalties owed to the Commonwealth and political subdivisions
of the Commonwealth. This paragraph excludes taxes subject to
a timely administrative or judicial appeal or subject to a
duly authorized deferred payment plan.
(4) Demonstrates sufficient financial resources to
support the activities required of a manufacturer,
distributor or terminal operator related to video gaming
terminals.
(5) Produces information, documentation and assurances
as required by the board, including:
(i) Written consent by the applicant to provide for
the examination of financial and business accounts, bank
accounts, tax returns and related records in the
applicant's possession or under the applicant's control
that establish the financial stability, integrity and
responsibility of the license applicant.
(ii) Written authorization by the applicant for
third parties in possession or control of accounts or
records under paragraph (1) to allow for examination of
such documents as deemed necessary by the board or the
Pennsylvania State Police in conducting background
investigations.
(iii) If the applicant has conducted a gaming
operation in a jurisdiction that permits such activity, a
letter of reference from the gaming or casino enforcement
or control agency that specifies the experience of the
agency with the applicant, the applicant's associates and
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the applicant's gaming operations. If the applicant is
unable to obtain the letter within 60 days of the
request, the applicant may submit a copy of the letter
requesting the information, together with a statement
under oath or affirmation that, during the period
activities were conducted, the applicant was in good
standing with the appropriate gambling or casino
enforcement control agency.
(iv) The applicant must provide information,
documentation and assurances as required by the board to
establish the applicant's good character, honesty and
integrity. Information under this paragraph may relate to
family, habits, character, reputation, business affairs,
financial affairs, business associates, professional
associates and personal associates, covering the 10-year
period immediately preceding the filing of the
application.
(6) Consent to a background investigation and provide
any and all information requested by the Pennsylvania State
Police and consent to a release to obtain any and all
information necessary for the completion of the background
investigation, which information shall include fingerprints.
The background investigation shall include the following:
(i) A security, criminal and credit investigation by
the Pennsylvania State Police, which shall include
records of criminal arrests and convictions, in any
jurisdiction, including Federal criminal history record
information. The investigation may utilize information
about the applicant compiled by the Pennsylvania Liquor
Control Board. The Pennsylvania State Police may share
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investigation information with the board to the extent
permitted by Federal and State law as determined by the
Pennsylvania State Police. None of the information
obtained by the Pennsylvania State Police shall be
disclosed publicly nor be subject to disclosure under the
act of February 14, 2008 (P.L.6, No.3), known as the
Right-to-Know Law .
(ii) An examination of personal, financial or
business records, including tax returns, bank accounts,
business accounts, mortgages and contracts to which the
applicant is a party or has an interest.
(iii) An examination of personal or business
relationships that include a partial ownership or voting
interest in a partnership, association or corporation and
bear on the fitness of the applicant for licensure.
(iv) The applicant shall reimburse the bureau for
the actual costs of conducting the background
investigation. The board may not approve an applicant
that has not fully reimbursed the Pennsylvania State
Police for the investigation.
(d) Application fee.--A licensed establishment shall pay an
application fee of $100.
(e) Annual fees.--A licensed establishment shall pay an
annual fee of $1,000 and an annual fee of $500 per video gaming
terminal.
(f) Review and approval.--The board shall review the
information submitted by the applicant and, if the applicant is
a truck stop establishment, the investigation information
provided by the Pennsylvania State Police. If satisfied that the
requirements for a video gaming license have been met, the board
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shall approve the application and grant the applicant a video
gaming license consistent with all of the following:
(1) The license shall be valid for a period of two
years. Nothing in this paragraph shall be construed to
relieve the licensee of the affirmative duty to notify the
board of any change relating to the status of its license or
to any other information contained in application materials
on file with the board.
(2) The license shall be nontransferable.
(3) Any other condition established by the board.
(g) Renewal and late filing fees.--
(1) Sixty days prior to expiration of the license, the
licensee seeking renewal of the license shall submit a
renewal application accompanied by the renewal fee or the
license shall be subject to appropriate late filing fees.
(2) If the renewal application satisfies the
requirements for the video gaming license, the board may
renew the license.
(3) If the board receives a complete renewal application
but fails to act upon the renewal application prior to
the expiration of the license, the license shall continue in
effect for an additional six-month period or until acted upon
by the board, whichever occurs first.
(4) The board may accept a renewal application filed
less than 60 days before the effective date of renewal upon
the payment of the requisite license and filing fee and an
additional late filing fee of $100. A renewal application
filed on or after the effective date of renewal shall be
accompanied by the requisite license and filing fee and an
additional late filing fee of $250. A renewal application may
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not be considered for approval unless accompanied by the
requisite annual and late filing fees, tax clearance and any
other information required by the board.
(h) Validation of licenses and late filing fees.--
(1) One year after the issuance or renewal of a license,
the licensee shall file an application for validation of
the license with the requisite annual fees and tax clearance,
at least 60 days before the effective date of the validation
or the license shall be subject to appropriate late filing
fees.
(2) The board may accept a validation application filed
less than 60 days before the effective date of renewal upon
the payment of the requisite annual fee and an additional
late filing fee of $100. A validation application filed on or
after the effective date of validation shall be accompanied
by the requisite annual fee and an additional late filing fee
of $250. A validation application will not be considered for
approval unless accompanied by the requisite filing, license
and late filing fees, tax clearance and any other information
required by the board.
(i) Third-party disclosure.--An applicant must accept any
risk of adverse public notice, embarrassment, criticism, damages
or financial loss, which may result from disclosure or
publication by a third party of material or information
requested by the board pursuant to action on an application. The
applicant expressly must waive a claim against the board or the
Commonwealth and the applicant's employees from damages as a
result of disclosure or publication by a third party.
(j) Hearing upon denial.--A person who is denied a license
or the renewal of a license under this section has the right to
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a hearing before the board in accordance with the provisions of
2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of
Commonwealth agencies) and 7 Subch. A (relating to judicial
review of Commonwealth agency action).
§ 11A05. License prohibitions.
(a) Felony conviction prohibition.--A person that has been
convicted of a felony in any jurisdiction may not be issued a
license under this chapter.
(b) Gambling offense prohibition.--A person that has been
convicted in any jurisdiction of a gambling offense, including a
violation of 18 Pa.C.S. § 5516 (relating to gambling devices,
gambling, etc.), unless 15 years have elapsed from the date of
conviction for the offense, may not be issued a license under
this chapter.
(c) Factors to be considered.--Following the expiration of
any prohibition period applicable to an applicant under
subsection (b), in determining whether to issue a license, the
board shall consider the following factors:
(1) The nature and seriousness of the offense or
conduct.
(2) The circumstances under which the offense or conduct
occurred.
(3) The age of the applicant when the offense or conduct
was committed.
(4) Whether the offense or conduct was an isolated or
repeated incident.
(5) Any evidence of rehabilitation, including good
conduct in the community, counseling or psychiatric treatment
received and the recommendation of persons who have
substantial contact with the applicant.
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(d) Felony offenses.--For purposes of this section, a felony
offense is any of the following:
(1) An offense punishable under the laws of this
Commonwealth by imprisonment for more than five years.
(2) An offense which, under the laws of another
jurisdiction, is:
(i) classified as a felony; or
(ii) punishable by imprisonment for more than five
years.
(3) An offense under the laws of another jurisdiction
which, if committed in this Commonwealth, would be subject to
imprisonment for more than five years.
§ 11A06. Video gaming limitations.
(a) General rule.--A licensed establishment shall be subject
to the following limitations:
(1) No more than five video gaming terminals may be
placed on the premises of the licensed establishment.
(2) With the exception of tickets indicating amounts
won, which are redeemable for cash, or which can be
reinserted into video gaming machines for play of games
authorized by the board, no video gaming terminal may
directly dispense a coin, cash, token or anything else of
value. The winning ticket may, however, be used in other
video gaming terminals in the same licensed establishment.
(3) (i) The licensed establishment must enter into a
written video gaming terminal placement agreement with a
licensed terminal operator for a minimum 60-month term
and a maximum 120-month term. The form of the agreement
shall be approved by the board and on file and available
for inspection at the licensed establishment. A licensed
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establishment or licensed establishment applicant, may
only sign, or agree to sign, a written agreement with a
terminal operator or terminal operator applicant.
(ii) Any person soliciting the execution of a video
gaming terminal placement agreement on behalf of an
applicant or licensee shall be disclosed to the board.
(iii) No video gaming terminal placement agreement
may be transferred or assigned unless the individual or
entity making the assignment and the individual or entity
receiving the assignment of the video gaming terminal
placement agreement are both applicants or licensees
under this chapter.
(iv) No payment may be made to an individual or
entity for or with respect to the procurement of a video
gaming terminal placement agreement to an individual or
entity which or whom is not licensed by or disclosed to
the board.
(v) If an application for a terminal operator
license is denied or withdrawn, the video gaming terminal
placement agreement shall be null and void.
(vi) A video gaming terminal placement agreement not
in strict compliance with this section is void.
(4) (i) No video gaming terminal may be in an area
easily accessible to a minor. A floor-to-ceiling wall is
not required.
(ii) The entrance to the video gaming area must be
secure and easily seen and observed by the employees or
management of the licensed establishment.
(iii) The video gaming area must at all times be
monitored by an employee of the licensed establishment,
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who is at least 18 years of age, either directly or
through video surveillance.
(5) (i) Except as may be approved by the board, no
licensed establishment with a video gaming license may
generally advertise gaming to the general public.
(ii) A customer of a licensed establishment may opt
in to receive written advertising materials from a
licensed establishment.
(6) No licensed establishment or employee of a licensed
establishment may offer an incentive to a patron of the
licensed establishment related to the play of a video gaming
terminal.
(b) Fines.--A person found in violation of any of the
limitations in subsection (a) shall be subject to the following
fines:
(1) A fine of not less than $300, nor more than $500 for
the first violation.
(2) For more than one violation or subsequent
violations, a fine of not less than $500, nor more than
$1,000.
(3) The right to suspend and revoke licenses granted
under this chapter shall be in addition to the fines
enumerated in this subsection.
§ 11A07. Central computer system.
The department shall establish and procure a central computer
system capable of monitoring and communicating with each video
gaming terminal. The following shall apply:
(1) All video gaming terminals shall be linked to the
central computer system under the control of the department
and accessible by the board.
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(2) The department may utilize the central control
computer system employed by the department to monitor slot
machine gaming or the State Lottery.
(3) All communications data collected by the central
computer system may be provided to the terminal operator.
(4) Interconnection of jackpots, pursuant to a wide area
progressive system, shall be allowed.
§ 11A08. Video gaming terminal and redemption terminal.
(a) Specifications.--
(1) The board shall approve one or more video gaming
terminals and redemption terminals that include hardware and
software specifications. All video gaming terminals and
redemption terminals offered for play or use in this
Commonwealth shall conform to the approved specifications.
(2) The board may utilize the standards and models
approved by other states, and may contract for the services
of the board's testing laboratory.
(b) Service contracts authorized.--The board may also
contract for services of one or more independent outside testing
laboratories that have been accredited by a national
accreditation body and that, in the judgment of the board, are
qualified to perform such examinations and tests.
(c) Contents of specifications.--The specifications shall
include:
(1) All video gaming terminals shall have the ability to
interact with the central communications system.
(2) Unremovable identification plates shall appear on
the exterior of the video gaming terminal containing the name
of the manufacturer and the serial and model number of the
video gaming terminal.
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(3) Rules of play shall be displayed on the video gaming
terminal face or screen as promulgated by the board.
(4) A video gaming terminal may not directly dispense
coins, cash, tokens or any other article of exchange or value
except for tickets. Such tickets shall be dispensed by
pressing the ticket dispensing button on the video gaming
terminal at the end of one's turn or play. The ticket shall
indicate the total amount of the cash award. The player shall
be permitted to insert the ticket into another terminal in
the same licensed establishment or turn in the ticket for
redemption. Redemption shall be made by giving the ticket to
the responsible person in charge who is over 18 years of age
at the licensed establishment or through the use of an
approved redemption machine. A redemption machine is required
at the licensed establishment if the establishment has three
or more terminals.
(5) The cost of a credit shall be 1¢, 5¢, 10¢ or 25¢ and
the maximum wager played per game shall not exceed $2.50. A
game may result in one or more prizes.
(6) No cash award for any individual game may exceed
$1,000.
(7) All video gaming terminals must be designed and
manufactured with total accountability to include gross
proceeds, net profits, winning percentages and any other
information the board requires.
(8) Each video gaming terminal shall pay out a minimum
of 85% of the amount wagered.
§ 11A09. Unlawful acts.
(a) General rule.--It shall be unlawful for any person to do
any of the following:
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(1) To operate or attempt to operate a video gaming
terminal or to receive or attempt to receive payment from a
redemption terminal if the person is under 21 years of age.
(2) To permit a person under 21 years of age to play a
video gaming terminal or to provide payment as a result of
playing video gaming to a person under 21 years of age.
(3) To permit a visibly intoxicated person to play a
video gaming terminal.
(4) To possess a gaming machine.
(5) To install or operate more video gaming terminals in
a licensed establishment than permitted by this chapter or
the board.
(6) To tamper with the connection of a video gaming
terminal to the central communications system.
(7) To sell, distribute, service, own, operate or place
on location a video gaming terminal unless the person holds
the appropriate license under this chapter and is in
compliance with all requirements of this chapter.
(8) As a terminal operator, to give, or offer to give,
directly or indirectly, any type of inducement to a licensed
liquor establishment or truck stop establishment to secure a
video gaming terminal placement agreement.
(9) As a licensed liquor establishment or truck stop
establishment, to accept any inducement from a terminal
operator or any other third party, directly or indirectly,
associated with a terminal operator.
(b) Penalties and fines.--In addition to any other penalty
provided by law, the following shall apply:
(1) A person convicted of violating subsection (a)(1) or
(3) is guilty of a summary offense.
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(2) A person convicted of violating subsection (a)(4) is
guilty of a misdemeanor of the first degree and shall be
subject to additional penalties as provided in subsection
(c).
(3) Except for subsection (a)(1), (3) or (4):
(i) A person convicted of violating any other
provision of subsection (a) is guilty of a misdemeanor of
the third degree and shall pay fine of not less than
$5,000.
(ii) A person convicted of violating any other
provision of subsection (a) that is convicted of a second
or subsequent violation is guilty of a misdemeanor of the
second degree and shall pay a fine of not less than
$15,000.
(c) Seizure, forfeiture and destruction of gaming machines
and fines.--
(1) A licensee under this chapter shall consent to
seizure of its gaming machines. Gaming machines and the
proceeds of gaming machines shall be subject to seizure under
sections 1517(e) (relating to investigations and enforcement)
and 1518(f) (relating to prohibited acts; penalties).
(2) In the case of a gaming machine seized from a
licensed establishment:
(i) For a first violation, the penalty shall be a
fine of at least $10,000 and not more than $25,000 and a
suspension of the licensed establishment owner's liquor
license for not less than seven consecutive days.
(ii) For a second or subsequent violation, the
penalty shall be a fine of $50,000 and a suspension of
the liquor license for not less than 60 consecutive days,
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or a revocation of the establishment's license.
(3) In the case of a gaming machine seized from a place
of business other than a licensed establishment:
(i) For a first violation, the penalty shall be a
fine of at least $10,000 and not more than $25,000
against the owner of the business from which the gaming
machine was seized, and a suspension of the licensed
establishment owner's liquor license for not less than 30
consecutive days.
(ii) For a second or subsequent violation, the
penalty shall be a fine of $50,000, and a suspension of
the liquor license for not less than 60 consecutive days.
§ 11A10. Enforcement.
In addition to any other law enforcement agency with
jurisdiction, the enforcement bureau shall have the jurisdiction
and the authority to enter a business in order to enforce the
provisions of this chapter.
§ 11A11. Multiple types of licenses prohibited.
(a) Manufacturer restriction.--A manufacturer may not be
licensed as a video gaming terminal distributor or a terminal
operator, or own, manage or control a licensed establishment,
and shall be licensed only to sell to licensed distributors.
(b) Distributor restriction.--A licensed video gaming
terminal distributor may not be licensed as a manufacturer or a
terminal operator, or own, manage or control a licensed
establishment.
(c) Terminal operator restriction.--A terminal operator may
not be licensed as a manufacturer or distributor and shall be
licensed only to contract with licensed distributors and
licensed establishments.
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(d) Licensed establishment restriction.--An owner of a
licensed establishment may not be licensed as a manufacturer,
distributor or terminal operator.
§ 11A12. Establishment of account and distribution of funds.
(a) Video Gaming Account.--The Video Gaming Account is
established as a separate account in the State Treasury. Except
as otherwise provided in this chapter, fees and fines collected
under this chapter and the portion of gross revenue
distributable to the Commonwealth under subsection (c)(3) shall
be deposited in the Video Gaming Account.
(b) Video operator accounts.--A video operator shall
establish and maintain an account in a State depository in this
Commonwealth into which the video operator shall deposit gross
revenue generated by the play of all video gaming terminals for
which the operator has been issued a video operator license. The
sums in the video operator account shall be withdrawn weekly by
the department and deposited as provided in subsection (a).
(c) Distribution of gross revenue.--The gross revenue from
each video gaming terminal shall be distributed in the following
manner:
(1) To the licensed establishment, 33%.
(2) To the terminal operator, 33%.
(3) To the Commonwealth, 34%.
(d) Video Gaming Account appropriations.--
(1) Money from the Video Gaming Account shall be
appropriated to:
(i) The board for its operations related to the
licensing and regulation of video gaming.
(ii) To the department for operation of the central
management system.
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(iii) To the bureau for enforcement of this chapter
upon appropriation by the General Assembly.
(2) The board, department and bureau shall prepare and
annually submit to the chairperson and minority chairperson
of the Appropriations Committee of the Senate and the
chairperson and minority chairperson of the Appropriations
Committee of the House of Representatives, an itemized budget
consisting of amounts to be appropriated out of the Video
Gaming Account necessary to pay such costs.
(e) Payments to municipalities.--On an annual basis, each
municipality that has one or more licensed establishments within
the municipality shall be paid $1,000 per licensed terminal
located in the municipality from the Video Gaming Account.
(f) Funding for compulsive gambling programs.--The board
shall allocate from the Video Gaming Account $1,000,000
annually for the purpose of treating compulsive gambling in this
Commonwealth.
§ 11A13. Initial funding.
The sum of $10,000,000 is hereby appropriated from the
General Fund to the board for the purpose of paying costs
associated with the licensing and regulation of video gaming and
the initial implementation of this chapter and other costs
associated with this chapter by the board. The appropriated
amount shall be repaid from the Video Gaming Account to the
General Fund by June 30, 2017.
§ 11A14. Preemption of local taxes and license fees.
(a) Statutes.--Video gaming terminals shall be exempt from
taxes levied under the following:
(1) The act of August 5, 1932 (Sp.Sess., P.L.45, No.45),
referred to as the Sterling Act.
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(2) The act of December 31, 1965 (P.L.1257, No.511),
known as The Local Tax Enabling Act .
(3) 53 Pa.C.S. Pt. III Subpt. E (relating to home rule
and optional plan government).
(4) Any statute that confers taxing authority to a
political subdivision.
(b) Licensing fees.--
(1) Video gaming terminals are exempt from local
licensing fees.
(2) Local licensing fees imposed on all other coin-
operated amusement games shall not exceed $100.
§ 11A15. Exemption from State gaming laws.
Video gaming terminals authorized under this chapter and the
use of video gaming terminals as authorized under this chapter
are exempt from 18 Pa.C.S. § 5513 (relating to gambling devices,
gambling, etc.).
§ 11A16. Exemption from Federal regulation.
The General Assembly declares that the Commonwealth is exempt
from section 2 of the Gambling Devices Transportation Act (64
Stat. 1134, 15 U.S.C. § 1172). Shipments of approved video
gaming terminals into this Commonwealth in compliance with
sections 3 and 4 of the Gambling Devices Transportation Act (15
U.S.C. §§ 1173 and 1174) shall be deemed legal shipments into
this Commonwealth.
§ 11A17. Preemption.
This chapter shall preempt all laws of units of local
government to the extent they are inconsistent with this
chapter.
§ 11A18. Compulsive and problem gambling.
(a) Establishment of program.--
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(1) The Department of Health shall develop program
guidelines for public education, awareness and training
regarding compulsive and problem gambling and the treatment
and prevention of compulsive and problem gambling
specifically in the area of video gaming. The program shall
supplement and be complimentary to the existing program under
4 Pa.C.S. § 1509 (relating to compulsive and problem gambling
program).
(2) Except as otherwise provided in this subsection, the
provisions of 4 Pa.C.S. § 1509 shall be fully applicable to
video gaming. The guidelines shall include strategies for the
prevention of compulsive and problem gambling. The Department
of Health may consult with the board and licensed gaming
entities to develop such strategies.
(3) The program shall include the following,
specifically with respect to video gaming:
(i) Maintenance of a compulsive gamblers assistance
organization's toll-free problem gambling telephone
number to provide crisis counseling and referral services
to families experiencing difficulty as a result of
problem or compulsive gambling.
(ii) The promotion of public awareness regarding the
recognition and prevention of problem or compulsive
gambling.
(iii) Facilitation, through in-service training and
other means, of the availability of effective assistance
programs for problem and compulsive gamblers and family
members affected by problem and compulsive gambling.
(iv) Conducting studies to identify adults and
juveniles in this Commonwealth who are, or are at risk of
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becoming, problem or compulsive gamblers.
(v) Providing grants to and contracting with
organizations which provide services as provided in this
section.
(vi) Providing reimbursement for organizations for
reasonable expenses in assisting the Department of Health
in carrying out the purposes of this section.
(b) Notice of availability of assistance.--
(1) A licensed establishment shall obtain a toll-free
telephone number to be used to provide persons with
information on assistance for compulsive or problem gambling.
A licensed establishment shall conspicuously post at least
two signs containing language similar to the following
statement: If you or someone you know has a gambling problem,
help is available. Call (toll-free telephone number). The
signs shall be posted within 50 feet of each entrance and
exit and, within 50 feet of each automated video gaming area
within the licensed establishment and in other appropriate
public areas of the licensed establishment as determined by
the licensed establishment.
(2) A licensed establishment shall have available in its
establishment written handout materials in a format
prescribed by the Department of Health which contain the same
information as the signs referenced in paragraph (1).
(3) A licensed establishment that fails to post or print
the warning sign or provide the written materials in
accordance with paragraph (1) or (2) shall be assessed a fine
of $1,000 per day for each day the minimum number of signs
are not posted as required in this subsection.
(c) Mandatory training.--The board's Office of Compulsive and
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Problem Gambling shall develop mandatory training for employees
and management of a licensed establishment who oversee the video
gaming terminal to identify and address compulsory gambling
behaviors and provide assistance to problem gamblers. The board
shall establish a fee to cover the cost of the training.
§ 11A19. Provisional licenses.
(a) General rule.--The General Assembly has determined that
prompt and expedited implementation of video gaming in this
Commonwealth is desirable, to the extent that such expedited
implementation can be accomplished without compromising the
integrity of gaming. The provisional licensing provisions of
this section are found to strike the correct balance between
assuring that licensees meet the licensing criteria without
causing an undue delay in implementation of this chapter.
(b) Provisional licensing of licensed liquor
establishments.--
(1) Within 60 days after the effective date of this
section, the board shall make applications for a video gaming
license as a licensed liquor establishment available to
applicants.
(2) The board shall issue a provisional license to an
applicant for a video gaming license as a licensed liquor
establishment if the applicant satisfies, as determined by
the board, all of the following criteria:
(i) The applicant has never been convicted of a
felony.
(ii) The applicant is current on all State taxes.
(iii) The applicant has submitted a completed
application for licensure as a licensed establishment,
which may be submitted concurrently with the applicant's
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request for a provisional license.
(iv) The applicant held a valid liquor license under
Article IV of the act of April 12, 1951 (P.L.90, No.21),
known as the Liquor Code , on the date of application and
has never had the liquor license revoked.
(v) The applicant has never been convicted of any
gambling law violation in any jurisdiction.
(3) The board shall issue a provisional license to an
applicant for a video gaming license as a licensed liquor
establishment, within 60 days after the application has been
received by the board, provided that the board determines
that the criteria contained in paragraph (2) has been
satisfied. If the board has determined that the criteria
contained in paragraph (2) has not been satisfied, the board
shall give a written explanation to the applicant as to why
it has determined the criteria has not been satisfied.
(4) A provisional license shall be valid until:
(i) the board either approves or denies the
applicant's application for licensure;
(ii) the provisional license is terminated for a
violation of this chapter; or
(iii) one calendar year has passed since the
provisional license was issued.
If the board fails to act upon the application for a video
gaming license as a licensed liquor establishment, within 60
days after the expiration of a provisional license, the
applicant may apply for a renewal of the provisional license.
(5) Each applicant shall attest by way of affidavit
under penalty of perjury that the applicant is not otherwise
prohibited from licensure according to the requirements of
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this section or any other provision of this chapter.
(6) All requests for provisional licensure under this
subsection shall include payment of a $100 fee, which is in
addition to the applicable fee required for an application
for licensure as a licensed establishment.
(7) If the board fails to act upon a request for
provisional licensure within 60 days after receipt of the
request, the request shall be deemed approved and the board
shall issue the applicant a provisional video gaming license
as a licensed liquor establishment.
(b) Provisional licensing of terminal operators.--
(1) Within 60 days after the effective date of this
section, the board shall make applications for licensure as
terminal operator available to applicants.
(2) The board shall accept applications for licensure as
a terminal operator beginning 14 days after applications
become available.
(3) The board shall issue a provisional license to an
applicant for licensure as a terminal operator if the
applicant satisfies, as determined by the board, all of the
following criteria:
(i) The applicant has never been convicted of a
felony.
(ii) The applicant is current on all State taxes.
(iii) The applicant has submitted a completed
application for licensure as a licensed terminal
operator, which may be submitted concurrently with the
applicant's request for a provisional license.
(iv) The applicant has never had its terminal
operator license or similar gaming license revoked in
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another jurisdiction.
(v) The applicant has never been convicted of any
gambling law violation in any jurisdiction.
(4) The board shall issue a provisional license to an
applicant for licensure as a licensed terminal operator,
within 60 days after such application has been received by
the board, provided that the board determines that the
criteria contained in paragraph (3) has been satisfied. If
the board has determined that the criteria contained in
paragraph (3) has not been satisfied, the board shall give a
written explanation to the applicant as to why it has
determined the criteria has not been satisfied.
(5) A provisional license shall be valid until:
(i) the board either approves or denies the
applicant's application for licensure;
(ii) the provisional license is terminated for a
violation of this chapter; or
(iii) one calendar year has passed since the
provisional license was issued.
If the board fails to act upon the application for licensure
as a terminal operator, within 60 days after the expiration
of a provisional license, the applicant may apply for a
renewal of the provisional license.
(6) Each applicant shall attest by way of affidavit
under penalty of perjury that the applicant is not otherwise
prohibited from licensure according to the requirements of
this subsection or any other provision of this chapter.
(7) All requests for provisional licensure under this
subsection shall include payment of a $5,000 fee, which is in
addition to the applicable fee required for an application
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for licensure as a terminal operator.
(8) The board shall initially issue no fewer than 10
provisional licenses to terminal operator applicants, unless
the board receives less than 10 applications for provisional
licenses.
(9) If the board fails to act upon a request for
provisional licensure within 60 days after receipt of the
request, the request shall be deemed approved and the board
shall issue the applicant a provisional license as a licensed
terminal operator.
(c) Provisional licensing of service technicians.--
(1) Within 60 days after the effective date of this
section, the board shall make applications for licensure as a
service technician available to applicants.
(2) The board shall issue a provisional license to an
applicant for licensure as a service technician if the
applicant satisfies, as determined by the board, all of the
following criteria:
(i) The applicant has never been convicted of a
felony.
(ii) The applicant is current on all State taxes.
(iii) The applicant has submitted a completed
application for licensure as a service technician, which
may be submitted concurrently with the applicant's
request for a provisional license.
(iv) The applicant has never been convicted of any
gambling law violation in any jurisdiction.
An individual who has a valid license issued by the
Commonwealth that allows the individual to serve as a service
technician in a Pennsylvania casino shall be exempt from the
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requirements of this section and shall automatically be
eligible for a provisional license as a service technician.
(3) The board shall issue a provisional license to an
applicant for licensure as a service technician, within 60
days after the application has been received by the board,
provided that the board determines that the criteria
contained in paragraph (2) has been satisfied. If the board
has determined that the criteria contained in paragraph (2)
of this subsection has not been satisfied, the board shall
give a written explanation to the applicant as to why it has
determined the criteria has not been satisfied.
(4) A provisional license shall be valid until:
(i) the board either approves or denies the
applicant's application for licensure;
(ii) the provisional license is terminated for a
violation of this chapter; or
(iii) one calendar year has passed since the
provisional license was issued.
If the board fails to act upon the application for licensure
as a service technician, within 60 days after the expiration
of a provisional license, the applicant may apply for a
renewal of the provisional license.
(5) Each applicant shall attest by way of affidavit
under penalty of perjury that the applicant is not otherwise
prohibited from licensure according to the requirements of
this subsection or any other provision of this chapter.
(6) All requests for provisional licensure under this
subsection shall include payment of a $100 fee, which is in
addition to the applicable fee required for an application
for licensure as a service technician.
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(7) If the board fails to act upon a request for
provisional licensure within 60 days after receipt of the
request, the request shall be deemed approved and the board
shall issue the applicant a provisional license as a service
technician.
(d) Provisional licensing of manufacturers and
distributors.--
(1) Within 60 days after the effective date of this
section, the board shall make applications for licensure as
manufacturers or distributors available to applicants.
(2) The board shall issue a provisional license to an
applicant for licensure as a licensed manufacturer or
distributor if the applicant satisfies, as determined by the
board, all of the following criteria:
(i) The applicant has never been convicted of a
felony.
(ii) The applicant is current on all State taxes.
(iii) The applicant has submitted a completed
application for licensure as a manufacturer or
distributor, which may be submitted concurrently with the
applicant's request for a provisional license;
(iv) The applicant has never been convicted of any
gambling law violation in any jurisdiction.
(3) The board shall issue a provisional license to an
applicant for licensure as a manufacturer or distributor,
within 60 days after such application has been received by
the board, provided that the board determines that the
criteria contained in paragraph (2) has been satisfied. If
the board has determined that the criteria contained in
paragraph (2) has not been satisfied, the board shall give a
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written explanation to the applicant as to why it has
determined the criteria has not been satisfied.
(4) A provisional license shall be valid until:
(i) the board either approves or denies the
applicant's application for licensure;
(ii) the provisional license is terminated for a
violation of this chapter; or
(iii) one calendar year has passed since the
provisional license was issued.
If the board fails to act upon the application for licensure
as a manufacturer or distributor, within 60 days after the
expiration of a provisional license, the applicant may apply
for a renewal of the provisional license.
(5) Each applicant shall attest by way of affidavit
under penalty of perjury that the applicant is not otherwise
prohibited from licensure according to the requirements of
this subsection or any other provision of this chapter.
(6) All requests for provisional licensure under this
subsection shall include payment of a $1,000 fee, which is in
addition to the applicable fee required for an application
for licensure as a manufacturer or distributor.
(7) If the board has not acted upon a request for
provisional licensure within 60 days after receipt of the
request, the request shall be deemed approved and the board
shall issue the applicant a provisional license as a licensed
manufacturer or distributor.
§ 11A20. Temporary video gaming regulations.
(a) General rule.--Regulations promulgated by the board
under this chapter shall be deemed temporary regulations which
shall expire not later than two years following the publication
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of the temporary regulation. 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.
(3) Sections 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.
(c) Temporary regulations.--The board shall begin publishing
temporary regulations governing video gaming within 120 days
after the effective date of this section.
SECTION 3. SECTION 1202(A)(1) AND (B)(20) AND (23) OF TITLE
4 ARE AMENDED AND SUBSECTION (B) IS AMENDED BY ADDING PARAGRAPHS
TO READ:
§ 1202. GENERAL AND SPECIFIC POWERS.
(A) GENERAL POWERS.--
(1) THE BOARD SHALL HAVE GENERAL AND SOLE REGULATORY
AUTHORITY OVER THE CONDUCT OF GAMING [OR] AND RELATED
ACTIVITIES AS DESCRIBED IN THIS PART. THE BOARD SHALL ENSURE
THE INTEGRITY OF THE ACQUISITION AND OPERATION OF SLOT
MACHINES, TABLE GAMES, TABLE GAME DEVICES AND ASSOCIATED
EQUIPMENT AND AUTHORIZED INTERACTIVE GAMES AND INTERACTIVE
GAMING DEVICES AND SHALL HAVE SOLE REGULATORY AUTHORITY OVER
EVERY ASPECT OF THE AUTHORIZATION, OPERATION AND PLAY OF SLOT
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MACHINES [AND], INCLUDING THE OPERATION OF SLOT MACHINES AT
NONPRIMARY LOCATIONS, TABLE GAMES AND INTERACTIVE GAMING
DEVICES AND ASSOCIATED EQUIPMENT.
* * *
(B) SPECIFIC POWERS.--THE BOARD SHALL HAVE THE SPECIFIC
POWER AND DUTY:
* * *
(12.2) AT ITS DISCRETION, TO AWARD, REVOKE, SUSPEND,
CONDITION OR DENY AN INTERACTIVE GAMING CERTIFICATE OR AN
INTERACTIVE GAMING LICENSE IN ACCORDANCE WITH CHAPTER 13B
(RELATING TO INTERACTIVE GAMING).
(12.3) TO AWARD, REVOKE, SUSPEND, CONDITION OR DENY A
CASINO SIMULCASTING PERMIT IN ACCORDANCE WITH CHAPTER 13C
(RELATING TO CASINO SIMULCASTING).
(12.4) AT ITS DISCRETION, TO AWARD, REVOKE, SUSPEND,
CONDITION OR DENY AUTHORIZATION FOR THE PLACEMENT AND
OPERATION OF SLOT MACHINES AT A NONPRIMARY LOCATION IN
ACCORDANCE WITH CHAPTER 13D (RELATING TO SLOT MACHINES AT
NONPRIMARY LOCATIONS).
* * *
(20) IN ADDITION TO THE POWER OF THE BOARD REGARDING
LICENSE AND PERMIT APPLICANTS, TO DETERMINE AT ITS DISCRETION
THE SUITABILITY OF ANY PERSON WHO FURNISHES OR SEEKS TO
FURNISH TO A SLOT MACHINE LICENSEE DIRECTLY OR INDIRECTLY ANY
GOODS, SERVICES OR PROPERTY RELATED TO SLOT MACHINES, TABLE
GAMES, TABLE GAME DEVICES OR ASSOCIATED EQUIPMENT,
INTERACTIVE GAMING, INTERACTIVE GAMING DEVICES AND ASSOCIATED
EQUIPMENT OR CASINO SIMULCASTING TECHNOLOGY AND EQUIPMENT OR
THROUGH ANY ARRANGEMENTS UNDER WHICH THAT PERSON RECEIVES
PAYMENT BASED DIRECTLY OR INDIRECTLY ON EARNINGS, PROFITS OR
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RECEIPTS FROM THE SLOT MACHINES, TABLE GAMES, TABLE GAME
DEVICES AND ASSOCIATED EQUIPMENT, INTERACTIVE GAMING,
INTERACTIVE GAMING DEVICES AND ASSOCIATED EQUIPMENT OR CASINO
SIMULCASTING TECHNOLOGY AND EQUIPMENT. THE BOARD MAY REQUIRE
ANY SUCH PERSON TO COMPLY WITH THE REQUIREMENTS OF THIS PART
AND THE REGULATIONS OF THE BOARD AND MAY PROHIBIT THE PERSON
FROM FURNISHING THE GOODS, SERVICES OR PROPERTY.
* * *
(23) THE BOARD SHALL NOT APPROVE AN APPLICATION FOR OR
ISSUE OR RENEW A LICENSE, CERTIFICATE, REGISTRATION OR PERMIT
UNLESS IT IS SATISFIED THAT THE APPLICANT HAS DEMONSTRATED BY
CLEAR AND CONVINCING EVIDENCE THAT THE APPLICANT IS A PERSON
OF GOOD CHARACTER, HONESTY AND INTEGRITY AND IS A PERSON
WHOSE PRIOR ACTIVITIES, CRIMINAL RECORD, IF ANY, REPUTATION,
HABITS AND ASSOCIATIONS DO NOT POSE A THREAT TO THE PUBLIC
INTEREST OR THE EFFECTIVE REGULATION AND CONTROL OF SLOT
MACHINE [OR], INCLUDING THE OPERATION OF SLOT MACHINES AT
NONPRIMARY LOCATIONS, TABLE GAME OPERATIONS, INTERACTIVE
GAMING OPERATIONS OR CASINO SIMULCASTING OR CREATE OR ENHANCE
THE DANGER OF UNSUITABLE, UNFAIR OR ILLEGAL PRACTICES,
METHODS AND ACTIVITIES IN THE CONDUCT OF SLOT MACHINE OR
TABLE GAME OPERATIONS, INTERACTIVE GAMING OPERATIONS, CASINO
SIMULCASTING OR THE CARRYING ON OF THE BUSINESS AND FINANCIAL
ARRANGEMENTS INCIDENTAL THERETO.
* * *
(27.2) WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS
SECTION, TO PUBLISH ON THE BOARD'S INTERNET WEBSITE A
COMPLETE LIST OF ALL SLOT MACHINE LICENSEES WHO FILED A
PETITION SEEKING AUTHORIZATION TO CONDUCT INTERACTIVE GAMING
AND THE STATUS OF EACH PETITION OR INTERACTIVE GAMING
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CERTIFICATE.
* * *
(35) TO REVIEW DETAILED SITE PLANS IDENTIFYING THE
INTERACTIVE GAMING RESTRICTED AREA OR ROOM WHERE A SLOT
MACHINE LICENSEE PROPOSES TO MANAGE, ADMINISTER OR CONTROL
INTERACTIVE GAMING OPERATIONS TO DETERMINE THE ADEQUACY OF
THE PROPOSED INTERNAL AND EXTERNAL SECURITY AND PROPOSED
SURVEILLANCE MEASURES.
(36) TO REQUIRE EACH SLOT MACHINE LICENSEE THAT HOLDS AN
INTERACTIVE GAMING CERTIFICATE TO PROVIDE ON A QUARTERLY
BASIS THE FOLLOWING INFORMATION WITH RESPECT TO INTERACTIVE
GAMING:
(I) THE NAME OF ANY PERSON, ENTITY OR FIRM TO WHOM
ANY PAYMENT, REMUNERATION OR OTHER BENEFIT OR THING OF
VALUE HAS BEEN MADE OR CONFERRED FOR PROFESSIONAL
SERVICES, INCLUDING, BUT NOT LIMITED TO, INTERACTIVE
GAMING SYSTEM OPERATIONS OR MANAGEMENT, LEGAL, CONSULTING
AND LOBBYING SERVICES;
(II) THE AMOUNT OR VALUE OF THE PAYMENTS,
REMUNERATION, BENEFIT OR THING OF VALUE;
(III) THE DATE ON WHICH THE PAYMENTS, REMUNERATION,
BENEFIT OR THING OF VALUE WAS SUBMITTED; AND
(IV) THE REASON OR PURPOSE FOR THE PROCUREMENT OF
THE SERVICES.
(37) TO REVIEW AND APPROVE DETAILED SITE AND
ARCHITECTURAL PLANS IDENTIFYING THE AREA OF A CATEGORY 2
LICENSED FACILITY WHERE THE CATEGORY 2 SLOT MACHINE LICENSEE
PROPOSES TO MANAGE, CONTROL AND ADMINISTER CASINO
SIMULCASTING IN ORDER TO DETERMINE THE ADEQUACY OF PROPOSED
INTERNAL AND EXTERNAL CONTROLS, SECURITY AND SURVEILLANCE
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MEASURES.
(38) TO REVIEW AND APPROVE DETAILED SITE AND
ARCHITECTURAL PLANS IDENTIFYING THE AREA OF A NONPRIMARY
LOCATION WHERE A CATEGORY 1 SLOT MACHINE LICENSEE PROPOSES TO
PLACE AND MAKE SLOT MACHINES AVAILABLE FOR PLAY IN ACCORDANCE
WITH CHAPTER 13D IN ORDER TO DETERMINE THE ADEQUACY OF
PROPOSED INTERNAL AND EXTERNAL CONTROLS, SECURITY AND
PROPOSED SURVEILLANCE MEASURES.
(39) TO REVIEW AND APPROVE DETAILED SITE AND
ARCHITECTURAL PLANS IDENTIFYING THE AREA OF A LICENSED
FACILITY WHERE A SLOT MACHINE LICENSEE PROPOSES TO PLACE AND
MAKE MULTISTATE WIDE-AREA PROGRESSIVE SLOT MACHINES, SKILL
SLOT MACHINES OR HYBRID SLOT MACHINES AVAILABLE FOR PLAY IN
ORDER TO DETERMINE THE ADEQUACY OF PROPOSED INTERNAL AND
EXTERNAL CONTROLS, SECURITY AND PROPOSED SURVEILLANCE
MEASURES.
SECTION 4. SECTIONS 1204 AND 1206(F)(1) OF TITLE 4 ARE
AMENDED TO READ:
§ 1204. LICENSED GAMING ENTITY APPLICATION APPEALS FROM BOARD.
THE SUPREME COURT OF PENNSYLVANIA SHALL BE VESTED WITH
EXCLUSIVE APPELLATE JURISDICTION TO CONSIDER APPEALS OF ANY
FINAL ORDER, DETERMINATION OR DECISION OF THE BOARD INVOLVING
THE APPROVAL, ISSUANCE, DENIAL OR CONDITIONING OF A SLOT MACHINE
LICENSE [OR], THE AWARD, DENIAL OR CONDITIONING OF A TABLE GAME
OPERATION CERTIFICATE[.] OR THE AWARD, DENIAL OR CONDITIONING OF
AN INTERACTIVE GAMING CERTIFICATE, A CASINO SIMULCASTING PERMIT,
A NONPRIMARY LOCATION PERMIT OR AN AIRPORT GAMING OPERATION
CERTIFICATE. NOTWITHSTANDING THE PROVISIONS OF 2 PA.C.S. CH. 7
SUBCH. A (RELATING TO JUDICIAL REVIEW OF COMMONWEALTH AGENCY
ACTION) AND 42 PA.C.S. § 763 (RELATING TO DIRECT APPEALS FROM
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GOVERNMENT AGENCIES), THE SUPREME COURT SHALL AFFIRM ALL FINAL
ORDERS, DETERMINATIONS OR DECISIONS OF THE BOARD INVOLVING THE
APPROVAL, ISSUANCE, DENIAL OR CONDITIONING OF A SLOT MACHINE
LICENSE [OR], THE AWARD, DENIAL OR CONDITIONING OF A TABLE GAME
OPERATION CERTIFICATE OR THE AWARD, DENIAL OR CONDITIONING OF AN
INTERACTIVE GAMING CERTIFICATE, A CASINO SIMULCASTING PERMIT OR
A NONPRIMARY LOCATION PERMIT, UNLESS IT SHALL FIND THAT THE
BOARD COMMITTED AN ERROR OF LAW OR THAT THE ORDER, DETERMINATION
OR DECISION OF THE BOARD WAS ARBITRARY AND THERE WAS A
CAPRICIOUS DISREGARD OF THE EVIDENCE.
§ 1206. BOARD MINUTES AND RECORDS.
* * *
(F) CONFIDENTIALITY OF INFORMATION.--
(1) THE FOLLOWING INFORMATION SUBMITTED BY AN APPLICANT,
PERMITTEE OR LICENSEE PURSUANT TO SECTION 1310(A) (RELATING
TO SLOT MACHINE LICENSE APPLICATION CHARACTER REQUIREMENTS)
[OR], 1308(A.1) (RELATING TO APPLICATIONS FOR LICENSE OR
PERMIT), 13B12 (RELATING TO INTERACTIVE GAMING CERTIFICATE
REQUIRED AND CONTENT OF PETITION), 13C12 (RELATING TO CASINO
SIMULCASTING PERMIT), 13D11 (RELATING TO APPLICATION FOR
NONPRIMARY LOCATION PERMIT) OR 13E12 (RELATING TO
APPLICATION) OR OBTAINED BY THE BOARD OR THE BUREAU AS PART
OF A BACKGROUND OR OTHER INVESTIGATION FROM ANY SOURCE SHALL
BE CONFIDENTIAL AND WITHHELD FROM PUBLIC DISCLOSURE:
(I) ALL INFORMATION RELATING TO CHARACTER, HONESTY
AND INTEGRITY, INCLUDING FAMILY, HABITS, REPUTATION,
HISTORY OF CRIMINAL ACTIVITY, BUSINESS ACTIVITIES,
FINANCIAL AFFAIRS AND BUSINESS, PROFESSIONAL AND PERSONAL
ASSOCIATIONS SUBMITTED UNDER SECTION 1310(A) OR 1308(A.1)
OR OTHERWISE OBTAINED BY THE BOARD OR THE BUREAU.
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(II) NONPUBLIC PERSONAL INFORMATION, INCLUDING HOME
ADDRESSES, TELEPHONE NUMBERS AND OTHER PERSONAL CONTACT
INFORMATION, SOCIAL SECURITY NUMBERS, EDUCATIONAL
RECORDS, MEMBERSHIPS, MEDICAL RECORDS, TAX RETURNS AND
DECLARATIONS, ACTUAL OR PROPOSED COMPENSATION, FINANCIAL
ACCOUNT RECORDS, CREDITWORTHINESS OR FINANCIAL CONDITION
RELATING TO AN APPLICANT, LICENSEE [OR], PERMITTEE,
INTERACTIVE GAMING CERTIFICATE HOLDER, CASINO
SIMULCASTING PERMIT HOLDER, NONPRIMARY LOCATION PERMIT
HOLDER OR THE IMMEDIATE FAMILY THEREOF.
(III) INFORMATION RELATING TO PROPRIETARY
INFORMATION, TRADE SECRETS, PATENTS OR EXCLUSIVE
LICENSES, ARCHITECTURAL AND ENGINEERING PLANS AND
INFORMATION RELATING TO COMPETITIVE MARKETING MATERIALS
AND STRATEGIES, WHICH MAY INCLUDE CUSTOMER-IDENTIFYING
INFORMATION OR CUSTOMER PROSPECTS FOR SERVICES SUBJECT TO
COMPETITION.
(IV) SECURITY INFORMATION, INCLUDING RISK PREVENTION
PLANS, DETECTION AND COUNTERMEASURES, LOCATION OF COUNT
ROOMS, LOCATION OF INTERACTIVE GAMING RESTRICTED AREAS
AND REDUNDANCY FACILITIES, EMERGENCY MANAGEMENT PLANS,
SECURITY AND SURVEILLANCE PLANS, EQUIPMENT AND USAGE
PROTOCOLS AND THEFT AND FRAUD PREVENTION PLANS AND
COUNTERMEASURES.
(V) INFORMATION WITH RESPECT TO WHICH THERE IS A
REASONABLE POSSIBILITY THAT PUBLIC RELEASE OR INSPECTION
OF THE INFORMATION WOULD CONSTITUTE AN UNWARRANTED
INVASION INTO PERSONAL PRIVACY OF ANY INDIVIDUAL AS
DETERMINED BY THE BOARD.
(VI) RECORDS OF AN APPLICANT OR LICENSEE NOT
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REQUIRED TO BE FILED WITH THE SECURITIES AND EXCHANGE
COMMISSION BY ISSUERS THAT EITHER HAVE SECURITIES
REGISTERED UNDER SECTION 12 OF THE SECURITIES EXCHANGE
ACT OF 1934 (48 STAT. 881, 15 U.S.C. § 78L) OR ARE
REQUIRED TO FILE REPORTS UNDER SECTION 15(D) OF THE
SECURITIES EXCHANGE ACT OF 1934 (48 STAT. 881, 15 U.S.C.
§ 78O).
(VII) RECORDS CONSIDERED NONPUBLIC MATTERS OR
INFORMATION BY THE SECURITIES AND EXCHANGE COMMISSION AS
PROVIDED BY 17 CFR 200.80 (RELATING TO COMMISSION RECORDS
AND INFORMATION).
(VIII) ANY FINANCIAL INFORMATION DEEMED CONFIDENTIAL
BY THE BOARD UPON A SHOWING OF GOOD CAUSE BY THE
APPLICANT OR LICENSEE.
* * *
SECTION 5. SECTION 1207(1), (3), (4), (5), (6), (8), (9),
(10) AND (21) OF TITLE 4 ARE AMENDED AND THE SECTION IS AMENDED
BY ADDING PARAGRAPHS TO READ:
§ 1207. REGULATORY AUTHORITY OF BOARD.
THE BOARD SHALL HAVE THE POWER AND ITS DUTIES SHALL BE TO:
(1) DENY, DENY THE RENEWAL, REVOKE, CONDITION OR SUSPEND
ANY LICENSE [OR], PERMIT, CERTIFICATE, REGISTRATION OR OTHER
AUTHORIZATIONS PROVIDED FOR IN THIS PART IF THE BOARD FINDS
IN ITS SOLE DISCRETION THAT A LICENSEE [OR], PERMITTEE OR
INTERACTIVE GAMING CERTIFICATE HOLDER UNDER THIS PART, OR ITS
OFFICERS, EMPLOYEES OR AGENTS, INCLUDING ANY INTERACTIVE
GAMING OPERATOR, HAVE FURNISHED FALSE OR MISLEADING
INFORMATION TO THE BOARD OR FAILED TO COMPLY WITH THE
PROVISIONS OF THIS PART OR THE RULES AND REGULATIONS OF THE
BOARD AND THAT IT WOULD BE IN THE PUBLIC INTEREST TO DENY,
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DENY THE RENEWAL, REVOKE, CONDITION OR SUSPEND THE LICENSE
[OR], PERMIT, CERTIFICATE, REGISTRATION OR OTHER
AUTHORIZATIONS.
* * *
(3) PRESCRIBE AND REQUIRE PERIODIC FINANCIAL REPORTING
AND INTERNAL CONTROL REQUIREMENTS FOR ALL LICENSED ENTITIES,
INCLUDING, IN THE CASE OF INTERACTIVE GAMING, ALL INTERACTIVE
GAMING AFFILIATES AND INTERACTIVE GAMING OPERATORS.
(4) REQUIRE THAT EACH LICENSED ENTITY, INCLUDING, IN THE
CASE OF INTERACTIVE GAMING, EACH INTERACTIVE GAMING OPERATOR,
PROVIDE TO THE BOARD ITS AUDITED ANNUAL FINANCIAL STATEMENTS,
WITH SUCH ADDITIONAL DETAIL AS THE BOARD FROM TIME TO TIME
SHALL REQUIRE, WHICH INFORMATION SHALL BE SUBMITTED NOT LATER
THAN 90 DAYS AFTER THE END OF THE LICENSEE'S FISCAL YEAR.
(5) PRESCRIBE THE PROCEDURES TO BE FOLLOWED BY SLOT
MACHINE LICENSEES FOR ANY FINANCIAL EVENT THAT OCCURS IN THE
OPERATION AND PLAY OF SLOT MACHINES [OR], TABLE GAMES,
AUTHORIZED INTERACTIVE GAMES OR CASINO SIMULCASTING.
(6) PRESCRIBE CRITERIA AND CONDITIONS FOR THE OPERATION
OF SLOT MACHINE PROGRESSIVE SYSTEMS, INCLUDING MULTISTATE
WIDE-AREA PROGRESSIVE SLOT MACHINE SYSTEMS. A WIDE AREA
PROGRESSIVE SLOT SYSTEM SHALL BE COLLECTIVELY ADMINISTERED BY
PARTICIPATING SLOT MACHINE LICENSEES IN ACCORDANCE WITH THE
TERMS OF A WRITTEN AGREEMENT EXECUTED BY EACH PARTICIPATING
SLOT MACHINE LICENSEE AND, IN THE CASE OF A MULTISTATE WIDE-
AREA PROGRESSIVE SLOT MACHINE SYSTEM, IN ACCORDANCE WITH THE
TERMS OF AN AGREEMENT EXECUTED BY THE SLOT MACHINE LICENSEE
AND AUTHORIZED GAMING ENTITIES IN OTHER STATES OR
JURISDICTIONS, AS APPROVED BY THE BOARD.
(6.1) COLLABORATE WITH THE APPROPRIATE GAMING
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AUTHORITIES IN OTHER STATES OR JURISDICTIONS TO FACILITATE
THE ESTABLISHMENT OF MULTISTATE WIDE-AREA PROGRESSIVE SLOT
MACHINE SYSTEMS BY SLOT MACHINE LICENSEES IN THIS
COMMONWEALTH AND, IF DETERMINED NECESSARY, ENTER INTO THE
NECESSARY AGREEMENTS WITH SUCH OTHER STATES OR JURISDICTIONS
AS NECESSARY FOR THE OPERATION OF MULTISTATE WIDE-AREA
PROGRESSIVE SLOT MACHINE SYSTEMS BY SLOT MACHINE LICENSEES IN
THIS COMMONWEALTH.
* * *
(7.2) ENFORCE PRESCRIBED HOURS FOR THE OPERATION OF
AUTHORIZED INTERACTIVE GAMES SO THAT AN INTERACTIVE GAMING
CERTIFICATE HOLDER MAY CONDUCT INTERACTIVE GAMES ON ANY DAY
DURING THE YEAR IN ORDER TO MEET THE NEEDS OF REGISTERED
PLAYERS OR TO MEET COMPETITION.
(7.3) IN CONSULTATION WITH THE COMMISSIONS, ENFORCE
PRESCRIBED HOURS OF OPERATION OF CASINO SIMULCASTING BY
CATEGORY 2 SLOT MACHINE LICENSEES.
(8) REQUIRE THAT EACH LICENSED GAMING ENTITY PROHIBIT
PERSONS UNDER 21 YEARS OF AGE FROM OPERATING OR USING SLOT
MACHINES [OR], PLAYING TABLE GAMES OR PARTICIPATING IN
INTERACTIVE GAMING AND CASINO SIMULCASTING.
(9) ESTABLISH PROCEDURES FOR THE INSPECTION AND
CERTIFICATION OF COMPLIANCE OF EACH SLOT MACHINE, TABLE GAME,
TABLE GAME DEVICE AND ASSOCIATED EQUIPMENT, INTERACTIVE
GAMING, INTERACTIVE GAMING DEVICE AND ASSOCIATED EQUIPMENT
AND CASINO SIMULCASTING TECHNOLOGY AND EQUIPMENT PRIOR TO
BEING PLACED INTO USE BY A SLOT MACHINE LICENSEE.
(10) REQUIRE THAT NO SLOT MACHINE OR AUTHORIZED
INTERACTIVE GAME THAT REPLICATES THE PLAY OF A SLOT MACHINE
MAY BE SET TO PAY OUT LESS THAN THE THEORETICAL PAYOUT
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PERCENTAGE, WHICH SHALL BE NO LESS THAN 85%, AS SPECIFICALLY
APPROVED BY THE BOARD. THE BOARD SHALL ADOPT REGULATIONS THAT
DEFINE THE THEORETICAL PAYOUT PERCENTAGE OF A SLOT MACHINE
GAME BASED ON THE TOTAL VALUE OF THE JACKPOTS EXPECTED TO BE
PAID BY A PLAY OR A SLOT MACHINE GAME DIVIDED BY THE TOTAL
VALUE OF SLOT MACHINE WAGERS EXPECTED TO BE MADE ON THAT PLAY
OR SLOT MACHINE GAME DURING THE SAME PORTION OF THE GAME
CYCLE. IN SO DOING, THE BOARD SHALL DECIDE WHETHER THE
CALCULATION SHALL INCLUDE THE ENTIRE CYCLE OF A SLOT MACHINE
GAME OR ANY PORTION THEREOF. EXCEPT THAT, IN THE CASE OF
SKILL SLOT MACHINES AND HYBRID SLOT MACHINES, THE BOARD SHALL
ADOPT REGULATIONS TO DEFINE THE PLAYER'S WIN PERCENTAGE BASED
ON THE RELATIVE SKILL OF THE PLAYER OR THE COMBINATION OF
SKILL AND THE ELEMENTS OF CHANCE OF THE GAME. IN THE CASE OF
MULTISTATE WIDE-AREA PROGRESSIVE SLOT MACHINES, THE
THEORETICAL PAYOUT PERCENTAGE OR A PLAYER'S WIN PERCENTAGE
SHALL BE AS SET FORTH IN THE AGREEMENT, AS APPROVED BY THE
BOARD.
* * *
(21) AUTHORIZE, IN ITS DISCRETION, A SLOT MACHINE
LICENSEE TO CONDUCT SLOT MACHINE CONTESTS OR TOURNAMENTS,
TABLE GAME TOURNAMENTS OR CONTESTS IN ACCORDANCE WITH SECTION
13A22.1 (RELATING TO TABLE GAME TOURNAMENTS) OR INTERACTIVE
GAMING CONTESTS OR TOURNAMENTS AND ADOPT REGULATIONS
GOVERNING THE CONDUCT OF SUCH TOURNAMENTS AND CONTESTS.
(21.1) AUTHORIZE, IN ITS DISCRETION, A SLOT MACHINE
LICENSEE TO PLACE AND MAKE MULTISTATE WIDE-AREA PROGRESSIVE
SLOT MACHINES, SKILL SLOT MACHINES OR HYBRID SLOT MACHINES
AVAILABLE FOR PLAY AT LICENSED FACILITIES.
(21.2) ADOPT AND PROMULGATE REGULATIONS TO GOVERN THE
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OPERATION AND PLACEMENT OF SKILL SLOT MACHINES AND HYBRID
SLOT MACHINES BY SLOT MACHINE LICENSEES AT LICENSED
FACILITIES. IN ORDER TO FACILITATE THE OPERATION AND
PLACEMENT OF SKILL AND HYBRID SLOT MACHINES AT LICENSED
FACILITIES PURSUANT TO THIS PARAGRAPH, REGULATIONS
PROMULGATED BY THE BOARD SHALL BE DEEMED TEMPORARY
REGULATIONS WHICH SHALL EXPIRE TWO YEARS AFTER THE DATE OF
PUBLICATION IN THE PENNSYLVANIA BULLETIN.
(22) LICENSE, REGULATE, INVESTIGATE AND TAKE ANY OTHER
ACTION DETERMINED NECESSARY REGARDING ALL ASPECTS OF
INTERACTIVE GAMING, CASINO SIMULCASTING AND THE OPERATION OF
SLOT MACHINES AT NONPRIMARY LOCATIONS.
(23) DEFINE AND LIMIT THE AREAS OF OPERATION AND THE
RULES OF AUTHORIZED INTERACTIVE GAMES, INCLUDING ODDS,
DEVICES AND ASSOCIATED EQUIPMENT PERMITTED AND THE METHOD OF
OPERATION OF AUTHORIZED INTERACTIVE GAMES, INTERACTIVE GAMING
DEVICES AND ASSOCIATED EQUIPMENT.
(24) REQUIRE, AS APPLICABLE, THAT ALL WAGERING OFFERED
THROUGH INTERACTIVE GAMING DISPLAY ONLINE THE PERMISSIBLE
MINIMUM AND MAXIMUM WAGERS ASSOCIATED WITH EACH AUTHORIZED
INTERACTIVE GAME.
(25) ENSURE, IN CONSULTATION WITH THE COMMISSIONS, THAT
THE WAGERING AT NONPRIMARY LOCATIONS IS CONDUCTED IN
CONFORMANCE WITH THE PARI-MUTUEL SYSTEM OF WAGERING REGULATED
BY THE COMMISSIONS PURSUANT TO THE RACE HORSE INDUSTRY REFORM
ACT.
(26) NEGOTIATE AND ENTER INTO INTERACTIVE GAMING
RECIPROCAL AGREEMENTS ON BEHALF OF THE COMMONWEALTH TO GOVERN
THE CONDUCT OF INTERACTIVE GAMING BETWEEN INTERACTIVE GAMING
CERTIFICATE HOLDERS IN THIS COMMONWEALTH AND GAMING ENTITIES
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OF OTHER STATES OR JURISDICTIONS. NOTWITHSTANDING ANY
PROVISION OF THIS PART, WAGERS MAY BE ACCEPTED IN ACCORDANCE
WITH THIS PART AND REGULATIONS OF THE BOARD FROM PERSONS IN
OTHER STATES OR JURISDICTIONS IF THE BOARD DETERMINES THAT
SUCH WAGERING IS NOT INCONSISTENT WITH FEDERAL LAW OR THE LAW
OF THE STATE OR JURISDICTION, INCLUDING A FOREIGN
JURISDICTION, IN WHICH THE PERSON IS LOCATED, OR SUCH
WAGERING IS CONDUCTED PURSUANT TO AN INTERACTIVE GAMING
RECIPROCAL AGREEMENT TO WHICH THIS COMMONWEALTH IS A PARTY
THAT IS NOT INCONSISTENT WITH FEDERAL LAW. THE BOARD IS
HEREBY DESIGNATED AS THE AGENCY OF THE COMMONWEALTH WITH THE
SOLE POWER AND AUTHORITY TO ENTER INTO INTERACTIVE GAMING
RECIPROCAL AGREEMENTS WITH OTHER STATES OR JURISDICTIONS.
(27) ENTER INTO AGREEMENTS WITH OTHER STATES FOR THE
OPERATION OF MULTISTATE WIDE-AREA PROGRESSIVE SLOT MACHINE
SYSTEMS.
SECTION 5.1. SECTION 1209(B) OF TITLE 4 IS AMENDED TO READ:
§ 1209. SLOT MACHINE LICENSE FEE.
* * *
(B) TERM.--A SLOT MACHINE LICENSE, AFTER PAYMENT OF THE FEE,
SHALL BE IN EFFECT UNLESS SUSPENDED, REVOKED OR NOT RENEWED BY
THE BOARD UPON GOOD CAUSE CONSISTENT WITH THE LICENSE
REQUIREMENTS AS PROVIDED FOR IN THIS PART. SLOT MACHINE
LICENSEES SHALL BE REQUIRED TO UPDATE THE INFORMATION IN THEIR
INITIAL APPLICATIONS ANNUALLY, AND THE LICENSE OF A LICENSEE IN
GOOD STANDING SHALL BE RENEWED 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 OR TO ANY OTHER INFORMATION CONTAINED IN THE
APPLICATION MATERIALS ON FILE WITH THE BOARD. AS TO THE RENEWAL
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OF A LICENSE, EXCEPT AS REQUIRED IN SUBSECTION (F)(3), NO
ADDITIONAL LICENSE FEE PURSUANT TO SUBSECTION (A) SHALL BE
REQUIRED.
* * *
SECTION 6. SECTION 1211 OF TITLE 4 IS AMENDED BY ADDING
SUBSECTIONS TO READ:
§ 1211. REPORTS OF BOARD.
* * *
(A.4) INTERACTIVE GAMING REPORTING REQUIREMENTS.--
(1) NO LATER THAN 12 MONTHS AFTER THE EFFECTIVE DATE OF
CHAPTER 13B (RELATING TO INTERACTIVE GAMING) AND EVERY YEAR
THEREAFTER, THE ANNUAL REPORT SUBMITTED BY THE BOARD IN
ACCORDANCE WITH SUBSECTION (A) SHALL INCLUDE INFORMATION ON
THE CONDUCT OF INTERACTIVE GAMES AS FOLLOWS:
(I) TOTAL GROSS INTERACTIVE GAMING REVENUE.
(II) THE NUMBER AND WIN BY TYPE OF AUTHORIZED
INTERACTIVE GAME AT EACH LICENSED FACILITY CONDUCTING
INTERACTIVE GAMING DURING THE PREVIOUS YEAR.
(III) ALL TAXES, FEES, FINES AND OTHER REVENUE
COLLECTED AND, WHERE APPROPRIATE, REVENUE DISBURSED
DURING THE PREVIOUS YEAR. THE DEPARTMENT SHALL
COLLABORATE WITH THE BOARD TO CARRY OUT THE REQUIREMENTS
OF THIS SUBPARAGRAPH.
(2) THE BOARD MAY REQUIRE INTERACTIVE GAMING CERTIFICATE
HOLDERS AND OTHER PERSONS INVOLVED IN THE OPERATION OF
INTERACTIVE GAMING ON BEHALF OF A SLOT MACHINE LICENSEE TO
PROVIDE INFORMATION TO THE BOARD TO ASSIST IN THE PREPARATION
OF THE REPORT.
* * *
(D.1) IMPACT OF INTERACTIVE GAMING, ANNUAL REPORT.--ONE YEAR
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AFTER THE COMMENCEMENT OF INTERACTIVE GAMING AT ALL LICENSED
FACILITIES IN THIS COMMONWEALTH, AN ANNUAL REPORT SHALL BE
PREPARED AND DISTRIBUTED TO THE GOVERNOR AND THE STANDING
COMMITTEES OF THE GENERAL ASSEMBLY WITH JURISDICTION OVER THIS
PART ON THE IMPACT OF INTERACTIVE GAMING ON COMPULSIVE AND
PROBLEM GAMBLING AND GAMBLING ADDICTION IN THIS COMMONWEALTH.
THE REPORT SHALL BE PREPARED BY A PRIVATE ORGANIZATION OR ENTITY
WITH EXPERTISE IN SERVING AND TREATING THE NEEDS OF PERSONS WITH
COMPULSIVE GAMBLING ADDICTIONS, WHICH ORGANIZATION OR ENTITY
SHALL BE SELECTED BY THE DEPARTMENT OF DRUG AND ALCOHOL
PROGRAMS. THE REPORT MAY BE PREPARED AND DISTRIBUTED IN
COORDINATION WITH THE BOARD. ANY COSTS ASSOCIATED WITH THE
PREPARATION AND DISTRIBUTION OF THE REPORT SHALL BE BORNE BY
SLOT MACHINE LICENSEES WHO HAVE BEEN AUTHORIZED BY THE BOARD TO
CONDUCT INTERACTIVE GAMING. THE BOARD SHALL BE AUTHORIZED TO
ASSESS A FEE AGAINST EACH SLOT MACHINE LICENSEE FOR THESE
PURPOSES.
(D.2) ADDITIONAL INFORMATION AND ANNUAL REPORTING.--
(1) ONE YEAR AFTER THE COMMENCEMENT OF CASINO
SIMULCASTING IN ACCORDANCE WITH CHAPTER 13C (RELATING TO
CASINO SIMULCASTING), THE OPERATION OF SKILL SLOT MACHINES,
HYBRID SLOT MACHINES, THE OPERATION OF SLOT MACHINES AT
NONPRIMARY LOCATIONS IN ACCORDANCE WITH CHAPTER 13D (RELATING
TO SLOT MACHINES AT NONPRIMARY LOCATIONS) AND THE OPERATION
OF A MULTISTATE WIDE-AREA SLOT MACHINE SYSTEM, THE REPORT
REQUIRED UNDER SUBSECTION (A) SHALL INCLUDE INFORMATION
RELATED TO THE FOLLOWING:
(I) THE CONDUCT OF CASINO SIMULCASTING.
(II) THE OPERATION OF SKILL SLOT MACHINES AND HYBRID
SLOT MACHINES.
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(III) THE OPERATION OF A MULTISTATE WIDE-AREA
PROGRESSIVE SLOT MACHINE SYSTEM.
(IV) THE OPERATION OF SLOT MACHINES AT NONPRIMARY
LOCATIONS.
(2) INFORMATION ON REVENUE, TAXES, FEES AND FINES, IF
ANY, COLLECTED DURING THE PRECEDING CALENDAR YEAR AND ANY
OTHER INFORMATION, DATA OR RECOMMENDATIONS RELATED TO THE
CONDUCT OF CASINO SIMULCASTING, THE OPERATION OF MULTISTATE
WIDE-AREA PROGRESSIVE SLOT MACHINES, SKILL SLOT MACHINES AND
HYBRID SLOT MACHINES AND THE OPERATION OF SLOT MACHINES AT
NONPRIMARY LOCATIONS AS DETERMINED BY THE BOARD, IN
CONSULTATION WITH THE COMMISSIONS, TO BE NECESSARY UNDER THIS
PART SHALL BE INCLUDED IN THE REPORT.
(D.3) TIME OF SUBMISSION AND REPORTS.--NOTWITHSTANDING ANY
PROVISION OF THIS PART, ALL REPORTS AND STUDIES REQUIRED TO BE
SUBMITTED UNDER SUBSECTIONS (D.1) AND (D.2) AFTER THE EFFECTIVE
DATE OF THIS SUBSECTION SHALL BE SUBMITTED INITIALLY BY OCTOBER
1, 2017, AND BY OCTOBER 1 OF EACH YEAR THEREAFTER.
* * *
SECTION 7. TITLE 4 IS AMENDED BY ADDING A SECTION TO READ:
§ 1211.1. FANTASY SPORTS REPORT.
(A) FANTASY SPORTS REPORT.--NOT LATER THAN 90 DAYS AFTER THE
EFFECTIVE DATE OF THIS SECTION, THE BOARD SHALL SUBMIT A REPORT
TO THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE COMMUNITY,
ECONOMIC AND RECREATIONAL DEVELOPMENT COMMITTEE OF THE SENATE
AND THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE GAMING
OVERSIGHT COMMITTEE OF THE HOUSE OF REPRESENTATIVES ON THE
POTENTIAL OF FANTASY SPORTS AS A GAMBLING PRODUCT IN THIS
COMMONWEALTH.
(B) CONTENTS OF REPORT.--IN COMPILING THE REPORT, THE BOARD
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SHALL CONSIDER AND ADDRESS THE FOLLOWING:
(1) A DEFINITION OF "FANTASY SPORTS."
(2) THE STRUCTURE OF THE DIFFERENT FANTASY SPORTS
FORMATS AND THE UNDERLYING ACTIVITIES THAT MAY BE APPROPRIATE
FOR OVERSIGHT.
(3) FANTASY SPORTS ENTITIES, INCLUDING THE ROLES AND
RELATIONSHIPS OF ANCILLARY FANTASY SPORTS BUSINESSES,
INCLUDING HOST INTERNET SITES, COLLEGIATE AND PROFESSIONAL
SPORTS ORGANIZATIONS AND PERSONS WITH A CONTROLLING INTEREST
IN FANTASY SPORTS ENTITIES.
(4) HOW REGULATION OF FANTASY SPORTS WOULD FIT INTO THE
COMMONWEALTH'S CURRENT GAMBLING LAWS AND POLICIES.
(5) COMPULSIVE AND PROBLEM GAMBLING.
(6) PROTECTION OF MINORS.
(7) MEASURES TO ENSURE THE WELL-BEING AND SAFETY OF
PLAYERS.
(8) SAFEGUARDS AND MECHANISMS TO ENSURE THE REPORTING OF
GAMBLING WINNINGS AND FACILITATE THE COLLECTION OF APPLICABLE
FEDERAL AND STATE TAXES IN COMPLIANCE WITH FEDERAL AND STATE
LAW.
(9) RECOMMENDATIONS FOR LEGISLATIVE ACTION.
(10) ANY OTHER INFORMATION RELATED TO THE CONDUCT AND
OPERATION OF FANTASY SPORTS AS THE BOARD MAY DEEM
APPROPRIATE.
SECTION 8. SECTION 1212(E) OF TITLE 4 IS AMENDED BY ADDING
PARAGRAPHS TO READ:
§ 1212. DIVERSITY GOALS OF BOARD.
* * *
(E) DEFINITION.--AS USED IN THIS SECTION, THE TERM
"PROFESSIONAL SERVICES" MEANS THOSE SERVICES RENDERED TO A SLOT
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MACHINE LICENSEE WHICH RELATE TO A LICENSED FACILITY IN THIS
COMMONWEALTH, INCLUDING, BUT NOT LIMITED TO:
* * *
(9) TECHNOLOGY RELATED TO INTERACTIVE GAMING AND
INTERACTIVE GAMING DEVICES AND ASSOCIATED EQUIPMENT.
(10) TECHNOLOGY RELATED TO CASINO SIMULCASTING.
SECTION 9. SECTION 1305 OF TITLE 4 IS AMENDED 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 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:
(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
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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.
(1.1) THE BOARD MAY APPROVE A SEASONAL OR YEAR-ROUND
MEMBERSHIP THAT ALLOWS AN INDIVIDUAL TO USE ONE OR MORE OF
THE AMENITIES PROVIDED BY THE WELL-ESTABLISHED RESORT HOTEL
HOLDING A CATEGORY 3 SLOT MACHINE LICENSE. THE MEMBERSHIP
SHALL ALLOW THE MEMBER AND ONE GUEST TO ENTER THE GAMING
FLOOR AT ANY TIME AS LONG AS THE GUEST IS ACCOMPANIED BY THE
INDIVIDUAL OWNING OR HOLDING THE MEMBERSHIP. THE BOARD SHALL
BASE ITS APPROVAL OF A MEMBERSHIP ON ALL OF THE FOLLOWING:
(I) THE DURATION OF THE MEMBERSHIP.
(II) THE AMENITY COVERED BY THE MEMBERSHIP.
(III) WHETHER THE FEE CHARGED FOR THE MEMBERSHIP
REPRESENTS THE FAIR MARKET VALUE FOR THE USE OF THE
AMENITY.]
(2) NOTWITHSTANDING SECTION 1512(A) AND (A.1) (RELATING
TO PUBLIC OFFICIAL FINANCIAL INTEREST), IF AT THE TIME OF
APPLICATION AN APPLICANT HAS TERMINATED PUBLIC OFFICE OR
EMPLOYMENT AS AN EXECUTIVE-LEVEL PUBLIC EMPLOYEE WITHIN THE
LAST CALENDAR YEAR, THE APPLICANT SHALL BE ELIGIBLE TO APPLY
FOR A SLOT MACHINE LICENSE UNDER THIS SECTION BUT MAY NOT BE
ISSUED A LICENSE UNTIL ONE YEAR FOLLOWING THE DATE OF
TERMINATION AS A PUBLIC OFFICIAL OR EXECUTIVE-LEVEL PUBLIC
EMPLOYEE. AN APPLICATION SUBMITTED IN ACCORDANCE WITH THIS
PARAGRAPH SHALL NOT CONSTITUTE A VIOLATION OF SECTION 1512(A)
OR (A.1).
(3) IF THE PERSON SEEKING A SLOT MACHINE LICENSE
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PROPOSES TO PLACE THE LICENSED FACILITY UPON LAND DESIGNATED
A SUBZONE, AN EXPANSION SUBZONE OR AN IMPROVEMENT SUBZONE
UNDER THE ACT OF OCTOBER 6, 1998 (P.L.705, NO.92), KNOWN AS
THE KEYSTONE OPPORTUNITY ZONE, KEYSTONE OPPORTUNITY EXPANSION
ZONE AND KEYSTONE OPPORTUNITY IMPROVEMENT ZONE ACT, THE
PERSON SHALL, AT ANY TIME PRIOR TO THE APPLICATION BEING
APPROVED, SUBMIT A STATEMENT WAIVING THE EXEMPTIONS,
DEDUCTIONS, ABATEMENTS OR CREDITS GRANTED UNDER THE KEYSTONE
OPPORTUNITY ZONE, KEYSTONE OPPORTUNITY EXPANSION ZONE AND
KEYSTONE OPPORTUNITY IMPROVEMENT ZONE ACT IF THE BOARD
APPROVES THE APPLICATION.
(B) LOCATION.--THE FOLLOWING SHALL APPLY:
(1) [EXCEPT AS PROVIDED IN PARAGRAPH (1.1), NO] NO
CATEGORY 3 LICENSE SHALL BE LOCATED BY THE BOARD WITHIN 15
LINEAR MILES OF ANOTHER LICENSED FACILITY.
(1.1) A CATEGORY 3 LICENSE ESTABLISHED ON OR AFTER [JULY
20, 2017] JANUARY 1, 2016, SHALL NOT BE LOCATED BY THE BOARD
WITHIN [30 LINEAR MILES OF ANOTHER LICENSED FACILITY.] 10
LINEAR MILES OF THE BOUNDARY OF A NATIONAL MILITARY PARK OR
NATIONAL MEMORIAL DESIGNATED BY THE CONGRESS OF THE UNITED
STATES AFTER SEPTEMBER 11, 2001. A CATEGORY 3 LICENSED
FACILITY ESTABLISHED UNDER THIS PARAGRAPH SHALL ONLY BE
LOCATED IN A COUNTY THAT:
(I) DOES NOT CONTAIN A LICENSED FACILITY; AND
(II) DOES NOT SHARE A GEOGRAPHIC BORDER AT ANY POINT
WITH A COUNTY WHERE A LICENSED FACILITY, REGARDLESS OF
CATEGORY, IS LOCATED OR MAY BE LOCATED.
(2) WITHIN FIVE DAYS OF APPROVING A LICENSE FOR AN
APPLICANT WITH A PROPOSED LICENSED FACILITY CONSISTING OF
LAND DESIGNATED A SUBZONE, AN EXPANSION SUBZONE OR AN
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IMPROVEMENT SUBZONE UNDER THE KEYSTONE OPPORTUNITY ZONE,
KEYSTONE OPPORTUNITY EXPANSION ZONE AND KEYSTONE OPPORTUNITY
IMPROVEMENT ZONE ACT FOR A SLOT MACHINE LICENSE UNDER THIS
SECTION, THE BOARD SHALL NOTIFY THE DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT. THE NOTICE SHALL INCLUDE A
DESCRIPTION OF THE LAND OF THE PROPOSED LICENSED FACILITY
WHICH IS DESIGNATED A SUBZONE, AN EXPANSION SUBZONE OR AN
IMPROVEMENT SUBZONE. WITHIN FIVE DAYS OF RECEIVING THE NOTICE
REQUIRED BY THIS PARAGRAPH, THE SECRETARY OF COMMUNITY AND
ECONOMIC DEVELOPMENT SHALL DECERTIFY THE LAND OF THE PROPOSED
LICENSE FACILITY AS BEING A SUBZONE, AN EXPANSION SUBZONE OR
AN IMPROVEMENT SUBZONE. UPON DECERTIFICATION IN ACCORDANCE
WITH THIS PARAGRAPH AND NOTWITHSTANDING CHAPTER 3 OF THE
KEYSTONE OPPORTUNITY ZONE, KEYSTONE OPPORTUNITY EXPANSION
ZONE AND KEYSTONE OPPORTUNITY IMPROVEMENT ZONE ACT, A
POLITICAL SUBDIVISION MAY AMEND THE ORDINANCE, RESOLUTION OR
OTHER REQUIRED ACTION WHICH GRANTED THE EXEMPTIONS,
DEDUCTIONS, ABATEMENTS OR CREDITS REQUIRED BY THE KEYSTONE
OPPORTUNITY ZONE, KEYSTONE OPPORTUNITY EXPANSION ZONE AND
KEYSTONE OPPORTUNITY IMPROVEMENT ZONE ACT TO REPEAL THE
EXEMPTIONS, DEDUCTIONS, ABATEMENTS OR CREDITS FOR THE LAND
DECERTIFIED.
(C) NUMBER OF SLOT MACHINES.--NOTWITHSTANDING THE NUMBER OF
PERMISSIBLE SLOT MACHINES AS SET FORTH IN SECTION 1210 (RELATING
TO NUMBER OF SLOT MACHINES), A CATEGORY 3 LICENSE GRANTED UNDER
THE PROVISIONS OF THIS SECTION SHALL ENTITLE THE LICENSED ENTITY
TO OPERATE NO MORE THAN 500 SLOT MACHINES AT THE LICENSED
FACILITY, PROVIDED, HOWEVER, A CATEGORY 3 SLOT MACHINE LICENSEE
HOLDING A TABLE GAME OPERATION CERTIFICATE SHALL BE ENTITLED TO
OPERATE NO MORE THAN 600 SLOT MACHINES AT ITS LICENSED FACILITY.
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(C.1) ADDITIONAL SLOT MACHINES.--UPON SUBMISSION OF A
REQUEST TO THE BOARD, IN SUCH FORM AND MANNER AS THE BOARD
THROUGH REGULATION MAY REQUIRE, THE BOARD MAY AUTHORIZE THE
CATEGORY 3 SLOT MACHINE LICENSEE TO INCREASE THE NUMBER OF SLOT
MACHINES AT ITS LICENSED FACILITY. AN INCREASE IN THE NUMBER OF
SLOT MACHINES BY A CATEGORY 3 SLOT MACHINE LICENSEE PURSUANT TO
THIS SUBSECTION MAY NOT, AT THE DISCRETION OF THE BOARD, EXCEED
250 ADDITIONAL SLOT MACHINES, WHICH SHALL BE IN ADDITION TO THE
NUMBER OF PERMISSIBLE SLOT MACHINES AUTHORIZED UNDER SUBSECTION
(C).
(C.2) INCREASE IN NUMBER.--UPON SUBMISSION OF A REQUEST TO
THE BOARD IN SUCH FORM AND MANNER AS THE BOARD, THROUGH
REGULATION, MAY REQUIRE, THE BOARD MAY AUTHORIZE THE CATEGORY 3
SLOT MACHINE LICENSEE TO INCREASE THE NUMBER OF SLOT MACHINES AT
ITS LICENSED FACILITY FOR THE CONDUCT OF A SLOT MACHINE
TOURNAMENT OR CONTEST. AN INCREASE IN THE NUMBER OF SLOT
MACHINES BY A CATEGORY 3 SLOT MACHINE LICENSEE UNDER THIS
SUBSECTION MAY NOT, AT THE DISCRETION OF THE BOARD, EXCEED 75
ADDITIONAL SLOT MACHINES, WHICH SHALL BE IN ADDITION TO THE
NUMBER OF PERMISSIBLE SLOT MACHINES AUTHORIZED UNDER SUBSECTION
(C).
(D) CATEGORY 3 LICENSE FEE.--THE BOARD SHALL IMPOSE A ONE-
TIME CATEGORY 3 LICENSE FEE TO BE PAID BY EACH SUCCESSFUL
APPLICANT IN THE AMOUNT OF $5,000,000 TO BE DEPOSITED IN THE
STATE GAMING FUND. THE PROVISIONS OF SECTION 1209(B), (C), (D)
AND (E) SHALL APPLY TO A CATEGORY 3 LICENSEE[.], EXCEPT THAT THE
HOLDER OF A CATEGORY 3 SLOT MACHINE LICENSE APPROVED AND ISSUED
BY THE BOARD ON OR AFTER JANUARY 1, 2016, SHALL PAY A FEE OF
$8,500,000 FOR DEPOSIT IN THE GENERAL FUND.
(D.1) ADDITIONAL FEE.--NOTWITHSTANDING SUBSECTION (D), NO
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LATER THAN 60 DAYS AFTER THE EFFECTIVE DATE OF SUBSECTION (A),
EACH HOLDER OF AN EXISTING CATEGORY 3 SLOT MACHINE LICENSE
ISSUED BY THE BOARD BEFORE JANUARY 1, 2016, SHALL PAY A FEE OF
$1,000,000 FOR DEPOSIT IN THE GENERAL FUND.
(D.2) FEE FOR ADDITIONAL SLOT MACHINES.--NOTWITHSTANDING
SUBSECTION (D), NO LATER THAN 60 DAYS AFTER THE BOARD APPROVES A
REQUEST FOR AN INCREASE IN THE NUMBER OF SLOT MACHINES SUBMITTED
BY A CATEGORY 3 SLOT MACHINE LICENSEE IN ACCORDANCE WITH
SUBSECTION (C.1), THE CATEGORY 3 SLOT MACHINE LICENSEE SHALL PAY
A FEE OF $2,500,000 FOR DEPOSIT INTO THE GENERAL FUND.
[(E) DEFINITIONS.--FOR THE PURPOSE OF SUBSECTION (A), THE
FOLLOWING WORDS AND PHRASES SHALL HAVE THE MEANING GIVEN TO THEM
IN THIS SUBSECTION:
"AMENITIES." ANY ANCILLARY ACTIVITIES, SERVICES OR
FACILITIES IN WHICH A REGISTERED GUEST OR THE TRANSIENT PUBLIC,
IN RETURN FOR NON-DE MINIMIS CONSIDERATION AS DEFINED BY BOARD
REGULATION, MAY PARTICIPATE AT A WELL-ESTABLISHED RESORT HOTEL,
INCLUDING, BUT NOT LIMITED TO, SPORTS AND RECREATIONAL
ACTIVITIES AND FACILITIES SUCH AS A GOLF COURSE OR GOLF DRIVING
RANGE, TENNIS COURTS OR SWIMMING POOL; HEALTH SPA; CONVENTION,
MEETING AND BANQUET FACILITIES; ENTERTAINMENT FACILITIES; AND
RESTAURANT FACILITIES.
"PATRON OF THE AMENITIES." ANY INDIVIDUAL WHO IS A
REGISTERED ATTENDEE OF A CONVENTION, MEETING OR BANQUET EVENT OR
A PARTICIPANT IN A SPORT OR RECREATIONAL EVENT OR ANY OTHER
SOCIAL, CULTURAL OR BUSINESS EVENT HELD AT A RESORT HOTEL OR WHO
PARTICIPATES IN ONE OR MORE OF THE AMENITIES PROVIDED TO
REGISTERED GUESTS OF THE WELL-ESTABLISHED RESORT HOTEL.]
SECTION 10. SECTION 1309(A.1) HEADING OF TITLE 4 IS AMENDED
AND THE SUBSECTION IS AMENDED BY ADDING A PARAGRAPH TO READ:
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§ 1309. SLOT MACHINE LICENSE APPLICATION.
* * *
(A.1) TABLE GAMES AND INTERACTIVE GAMING INFORMATION.--
* * *
(3) NOTWITHSTANDING PARAGRAPH (2), THE BOARD MAY PERMIT
AN APPLICANT FOR A SLOT MACHINE LICENSE THAT HAS AN
APPLICATION PENDING BEFORE THE BOARD TO SUPPLEMENT ITS
APPLICATION WITH ALL INFORMATION REQUIRED UNDER CHAPTERS 13B
(RELATING TO INTERACTIVE GAMING) AND 13D (RELATING TO SLOT
MACHINES AT NONPRIMARY LOCATIONS) AND TO REQUEST THAT THE
BOARD CONSIDER ITS APPLICATION FOR A SLOT MACHINE LICENSE, A
TABLE GAME OPERATION CERTIFICATE, AN INTERACTIVE GAMING
CERTIFICATE OR A NONPRIMARY LOCATION PERMIT CONCURRENTLY. ALL
FEES FOR AN INTERACTIVE GAMING CERTIFICATE AND A NONPRIMARY
LOCATION PERMIT SHALL BE PAID BY THE APPLICANT IN ACCORDANCE
WITH THE REQUIREMENTS OF THIS PART.
* * *
SECTION 10.1. SECTIONS 1317(A) AND (C), 1317.1(A), (B), (C),
(C.1), (D.1) AND (E) AND 1320(A) OF TITLE 4 ARE AMENDED AND THE
SECTIONS ARE AMENDED BY ADDING SUBSECTIONS TO READ:
§ 1317. SUPPLIER LICENSES.
(A) APPLICATION.--A MANUFACTURER THAT ELECTS TO CONTRACT
WITH A SUPPLIER UNDER SECTION 1317.1(D.1) (RELATING TO
MANUFACTURER LICENSES) SHALL ENSURE THAT THE SUPPLIER IS
APPROPRIATELY LICENSED UNDER THIS SECTION. A PERSON SEEKING TO
PROVIDE SLOT MACHINES, TABLE GAME DEVICES OR ASSOCIATED
EQUIPMENT, CASINO SIMULCASTING TECHNOLOGY OR EQUIPMENT OR
INTERACTIVE GAMING DEVICES OR ASSOCIATED EQUIPMENT TO A SLOT
MACHINE LICENSEE OR AN INTERACTIVE GAMING LICENSEE WITHIN THIS
COMMONWEALTH THROUGH A CONTRACT WITH A LICENSED MANUFACTURER
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SHALL APPLY TO THE BOARD FOR THE APPROPRIATE SUPPLIER LICENSE.
* * *
(C) REVIEW AND APPROVAL.--UPON BEING SATISFIED THAT THE
REQUIREMENTS OF SUBSECTION (B) HAVE BEEN MET, THE BOARD MAY
APPROVE THE APPLICATION AND ISSUE THE APPLICANT A SUPPLIER
LICENSE CONSISTENT WITH ALL OF THE FOLLOWING:
(1) THE [INITIAL LICENSE SHALL BE FOR A PERIOD OF ONE
YEAR, AND, IF RENEWED UNDER SUBSECTION (D), THE] LICENSE
SHALL BE ISSUED FOR A PERIOD OF [THREE] FIVE YEARS AND SHALL
BE RENEWED IN ACCORDANCE WITH SUBSECTION (D). NOTHING IN THIS
PARAGRAPH SHALL RELIEVE A LICENSEE OF THE AFFIRMATIVE DUTY TO
NOTIFY THE BOARD OF ANY CHANGES RELATING TO THE STATUS OF ITS
LICENSE OR TO ANY INFORMATION CONTAINED IN THE APPLICATION
MATERIALS ON FILE WITH THE BOARD.
(2) THE LICENSE SHALL BE NONTRANSFERABLE.
(3) ANY OTHER CONDITION ESTABLISHED BY THE BOARD.
* * *
(C.2) ABBREVIATED PROCESS FOR SUPPLIER.--
(1) NOTWITHSTANDING SUBSECTION (C.1)(1) OR ANY
REGULATIONS OF THE BOARD TO THE CONTRARY, THE BOARD MAY
EXTEND THE USE OF THE ABBREVIATED PROCESS AUTHORIZED UNDER
SUBSECTION (C.1) TO AN APPLICANT FOR A SUPPLIER LICENSE TO
SUPPLY SLOT MACHINES USED IN A MULTISTATE WIDE-AREA
PROGRESSIVE SLOT MACHINE SYSTEM, SKILL SLOT MACHINES, HYBRID
SLOT MACHINES AND DEVICES OR ASSOCIATED EQUIPMENT USED IN
CONNECTION WITH MULTISTATE WIDE-AREA PROGRESSIVE SLOT MACHINE
SYSTEMS, SKILL OR HYBRID SLOT MACHINES, INTERACTIVE GAMING
DEVICES OR ASSOCIATED EQUIPMENT USED IN CONNECTION WITH
INTERACTIVE GAMING OR CASINO SIMULCASTING EQUIPMENT AND
TECHNOLOGY USED TO CONDUCT CASINO SIMULCASTING, IF THE
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APPLICANT HOLDS A VALID SUPPLIER LICENSE ISSUED BY THE BOARD
TO SUPPLY SLOT MACHINES OR ASSOCIATED EQUIPMENT OR TABLE
GAMES OR TABLE GAME DEVICES AND ASSOCIATED EQUIPMENT. THE
REQUIREMENTS OF SUBSECTION (C.1)(2) AND (3) SHALL APPLY TO
THIS SUBSECTION.
(2) AN APPLICANT FOR A SUPPLIER'S LICENSE TO SUPPLY SLOT
MACHINES USED IN A MULTISTATE WIDE-AREA PROGRESSIVE SYSTEMS,
SKILL OR HYBRID SLOT MACHINES OR ASSOCIATED EQUIPMENT,
INTERACTIVE GAMING DEVICES OR ASSOCIATED EQUIPMENT OR CASINO
SIMULCASTING EQUIPMENT OR TECHNOLOGY SHALL BE SUBJECT TO THE
APPLICABLE PROVISIONS OF THIS PART.
* * *
§ 1317.1. MANUFACTURER LICENSES.
(A) APPLICATION.--A PERSON SEEKING TO MANUFACTURE SLOT
MACHINES, TABLE GAME DEVICES AND ASSOCIATED EQUIPMENT,
INTERACTIVE GAMING DEVICES AND ASSOCIATED EQUIPMENT OR CASINO
SIMULCASTING TECHNOLOGY OR EQUIPMENT FOR USE IN THIS
COMMONWEALTH SHALL APPLY TO THE BOARD FOR A MANUFACTURER
LICENSE.
(B) REQUIREMENTS.--AN APPLICATION FOR A MANUFACTURER LICENSE
SHALL BE ON THE FORM REQUIRED BY THE BOARD, ACCOMPANIED BY THE
APPLICATION FEE, AND SHALL INCLUDE ALL OF THE FOLLOWING:
(1) THE NAME AND BUSINESS ADDRESS OF THE APPLICANT AND
THE APPLICANT'S AFFILIATES, INTERMEDIARIES, SUBSIDIARIES AND
HOLDING COMPANIES; THE PRINCIPALS AND KEY EMPLOYEES OF EACH
BUSINESS; AND A LIST OF EMPLOYEES AND THEIR POSITIONS WITHIN
EACH BUSINESS, AS WELL AS ANY FINANCIAL INFORMATION REQUIRED
BY THE BOARD.
(2) A STATEMENT THAT THE APPLICANT AND EACH AFFILIATE,
INTERMEDIARY, SUBSIDIARY OR HOLDING COMPANY OF THE APPLICANT
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ARE NOT SLOT MACHINE LICENSEES.
(3) THE CONSENT TO A BACKGROUND INVESTIGATION OF THE
APPLICANT, ITS PRINCIPALS AND KEY EMPLOYEES OR OTHER PERSONS
REQUIRED BY THE BOARD AND A RELEASE TO OBTAIN ANY AND ALL
INFORMATION NECESSARY FOR THE COMPLETION OF THE BACKGROUND
INVESTIGATION.
(4) THE DETAILS OF ANY EQUIVALENT LICENSE GRANTED OR
DENIED BY OTHER JURISDICTIONS WHERE GAMING ACTIVITIES AS
AUTHORIZED BY THIS PART ARE PERMITTED AND CONSENT FOR THE
BOARD TO ACQUIRE COPIES OF APPLICATIONS SUBMITTED OR LICENSES
ISSUED IN CONNECTION THEREWITH.
(5) THE TYPE OF SLOT MACHINES, TABLE GAME DEVICES OR
ASSOCIATED EQUIPMENT, INTERACTIVE GAMING DEVICES OR
ASSOCIATED EQUIPMENT OR CASINO SIMULCASTING TECHNOLOGY OR
EQUIPMENT TO BE MANUFACTURED OR REPAIRED.
(6) ANY OTHER INFORMATION DETERMINED BY THE BOARD TO BE
APPROPRIATE.
(C) REVIEW AND APPROVAL.--UPON BEING SATISFIED THAT THE
REQUIREMENTS OF SUBSECTION (B) HAVE BEEN MET, THE BOARD MAY
APPROVE THE APPLICATION AND GRANT THE APPLICANT A MANUFACTURER
LICENSE CONSISTENT WITH ALL OF THE FOLLOWING:
(1) THE [INITIAL LICENSE SHALL BE FOR A PERIOD OF ONE
YEAR, AND, IF RENEWED UNDER SUBSECTION (D), THE] LICENSE
SHALL BE ISSUED FOR A PERIOD OF [THREE] FIVE YEARS AND SHALL
BE RENEWED IN ACCORDANCE WITH SUBSECTION (D). NOTHING IN THIS
PARAGRAPH SHALL RELIEVE THE LICENSEE OF THE AFFIRMATIVE DUTY
TO NOTIFY THE BOARD OF ANY CHANGES RELATING TO THE STATUS OF
ITS LICENSE OR TO ANY OTHER INFORMATION CONTAINED IN
APPLICATION MATERIALS ON FILE WITH THE BOARD.
(2) THE LICENSE SHALL BE NONTRANSFERABLE.
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(3) ANY OTHER CONDITION ESTABLISHED BY THE BOARD.
(C.1) ABBREVIATED PROCESS.--IN THE EVENT AN APPLICANT FOR A
MANUFACTURER LICENSE TO MANUFACTURE TABLE GAME DEVICES OR
ASSOCIATED EQUIPMENT USED IN CONNECTION WITH TABLE GAMES IS
LICENSED BY THE BOARD UNDER THIS SECTION TO MANUFACTURE SLOT
MACHINES OR ASSOCIATED EQUIPMENT USED IN CONNECTION WITH SLOT
MACHINES, 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 LICENSE TO MANUFACTURE
TABLE GAME DEVICES OR ASSOCIATED EQUIPMENT USED IN CONNECTION
WITH TABLE GAMES, INCLUDING FINANCIAL VIABILITY OF THE
APPLICANT. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO WAIVE
ANY FEES ASSOCIATED WITH OBTAINING A LICENSE, CERTIFICATE OR
PERMIT THROUGH THE NORMAL APPLICATION PROCESS. THE BOARD MAY
ONLY USE THE ABBREVIATED PROCESS IF ALL OF THE FOLLOWING APPLY:
(1) THE MANUFACTURER LICENSE WAS ISSUED BY THE BOARD
WITHIN A 36-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE
MANUFACTURER LICENSEE FILES AN APPLICATION TO MANUFACTURE
TABLE GAME DEVICES OR ASSOCIATED EQUIPMENT.
(2) THE PERSON TO WHOM THE MANUFACTURER LICENSE WAS
ISSUED AFFIRMS THERE HAS BEEN NO MATERIAL CHANGE IN
CIRCUMSTANCES RELATING TO THE LICENSE.
(3) THE BOARD DETERMINES, IN ITS SOLE DISCRETION, THAT
THERE HAS BEEN NO MATERIAL CHANGE IN CIRCUMSTANCES RELATING
TO THE LICENSEE THAT NECESSITATES THAT THE ABBREVIATED
PROCESS NOT BE USED.
(C.2) ABBREVIATED PROCESS FOR MANUFACTURER.--
(1) NOTWITHSTANDING SUBSECTION (C.1)(1) OR ANY
REGULATIONS OF THE BOARD TO THE CONTRARY, THE BOARD MAY
EXTEND THE USE OF THE ABBREVIATED PROCESS AUTHORIZED UNDER
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SUBSECTION (C.1) TO AN APPLICANT FOR A MANUFACTURER LICENSE
TO MANUFACTURE MULTISTATE WIDE-AREA PROGRESSIVE SLOT
MACHINES, SKILL SLOT MACHINES, HYBRID SLOT MACHINES OR
ASSOCIATED EQUIPMENT USED IN CONNECTION WITH MULTISTATE WIDE-
AREA PROGRESSIVE SLOT MACHINES, SKILL OR HYBRID SLOT
MACHINES, INTERACTIVE GAMING DEVICES OR ASSOCIATED EQUIPMENT
USED IN CONNECTION WITH INTERACTIVE GAMING OR CASINO
SIMULCASTING EQUIPMENT AND TECHNOLOGY USED TO CONDUCT CASINO
SIMULCASTING, IF THE APPLICANT HOLDS A VALID MANUFACTURER
LICENSE ISSUED BY THE BOARD TO MANUFACTURER SLOT MACHINES OR
ASSOCIATED EQUIPMENT OR TABLE GAMES OR TABLE GAME DEVICES OR
ASSOCIATED EQUIPMENT. THE REQUIREMENTS OF SUBSECTION (C.1)
(2) AND (3) SHALL APPLY TO THIS SUBSECTION.
(2) AN APPLICANT FOR A MANUFACTURER LICENSE TO
MANUFACTURE SLOT MACHINES USED IN A MULTISTATE WIDE-AREA
PROGRESSIVE SYSTEM, SKILL OR HYBRID SLOT MACHINES OR
ASSOCIATED EQUIPMENT, INTERACTIVE GAMING DEVICES OR
ASSOCIATED EQUIPMENT OR CASINO SIMULCASTING EQUIPMENT OR
TECHNOLOGY SHALL BE SUBJECT TO THE APPLICABLE PROVISIONS OF
THIS PART.
* * *
(D.1) AUTHORITY.--THE FOLLOWING SHALL APPLY TO A LICENSED
MANUFACTURER:
(1) A MANUFACTURER OR ITS DESIGNEE, AS LICENSED BY THE
BOARD, MAY SUPPLY OR REPAIR ANY SLOT MACHINE, TABLE GAME
DEVICE OR ASSOCIATED EQUIPMENT, INTERACTIVE GAMING DEVICE OR
ASSOCIATED EQUIPMENT OR CASINO SIMULCASTING TECHNOLOGY OR
EQUIPMENT MANUFACTURED BY THE MANUFACTURER, PROVIDED THE
MANUFACTURER HOLDS THE APPROPRIATE MANUFACTURER LICENSE.
(2) A MANUFACTURER OF SLOT MACHINES MAY CONTRACT WITH A
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SUPPLIER UNDER SECTION 1317 (RELATING TO SUPPLIER LICENSES)
TO PROVIDE SLOT MACHINES OR ASSOCIATED EQUIPMENT TO A SLOT
MACHINE LICENSEE WITHIN THIS COMMONWEALTH, PROVIDED THE
SUPPLIER IS LICENSED TO SUPPLY SLOT MACHINES OR ASSOCIATED
EQUIPMENT USED IN CONNECTION WITH SLOT MACHINES.
(3) A MANUFACTURER MAY CONTRACT WITH A SUPPLIER UNDER
SECTION 1317 TO PROVIDE TABLE GAME DEVICES OR ASSOCIATED
EQUIPMENT TO A CERTIFICATE HOLDER, PROVIDED THE SUPPLIER IS
LICENSED TO SUPPLY TABLE GAME DEVICES OR ASSOCIATED EQUIPMENT
USED IN CONNECTION WITH TABLE GAMES.
(4) A MANUFACTURER MAY CONTRACT WITH A SUPPLIER UNDER
SECTION 1317 TO PROVIDE SLOT MACHINES USED IN A MULTISTATE
WIDE-AREA PROGRESSIVE SYSTEM, SKILL OR HYBRID SLOT MACHINES
OR ASSOCIATED EQUIPMENT, INTERACTIVE GAMING DEVICES OR
ASSOCIATED EQUIPMENT TO A SLOT MACHINE LICENSEE, PROVIDED
THAT THE MANUFACTURER IS LICENSED TO MANUFACTURE SLOT
MACHINES USED IN A MULTISTATE WIDE-AREA PROGRESSIVE SLOT
MACHINE SYSTEM, SKILL OR HYBRID SLOT MACHINES OR ASSOCIATED
EQUIPMENT, INTERACTIVE GAMING DEVICES OR ASSOCIATED EQUIPMENT
USED IN CONNECTION WITH INTERACTIVE GAMES OR CASINO
SIMULCASTING TECHNOLOGY OR EQUIPMENT USED TO CONDUCT CASINO
SIMULCASTING.
(E) PROHIBITIONS.--
(1) NO PERSON MAY MANUFACTURE SLOT MACHINES, TABLE GAME
DEVICES OR ASSOCIATED EQUIPMENT, INTERACTIVE GAMING DEVICES
OR ASSOCIATED EQUIPMENT OR CASINO SIMULCASTING TECHNOLOGY OR
EQUIPMENT FOR USE WITHIN THIS COMMONWEALTH BY A SLOT MACHINE
LICENSEE UNLESS THE PERSON HAS BEEN ISSUED THE APPROPRIATE
MANUFACTURER LICENSE UNDER THIS SECTION.
(2) EXCEPT AS PERMITTED IN SECTION 13A23.1 (RELATING TO
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TRAINING EQUIPMENT), NO SLOT MACHINE LICENSEE MAY USE SLOT
MACHINES, TABLE GAME DEVICES OR ASSOCIATED EQUIPMENT,
AUTHORIZED INTERACTIVE GAMES OR INTERACTIVE GAMING DEVICES OR
ASSOCIATED EQUIPMENT OR CASINO SIMULCASTING TECHNOLOGY OR
EQUIPMENT UNLESS THE SLOT MACHINES, TABLE GAME DEVICES OR
ASSOCIATED EQUIPMENT, INTERACTIVE GAMES, INTERACTIVE GAMING
DEVICES OR ASSOCIATED EQUIPMENT OR CASINO SIMULCASTING
TECHNOLOGY OR EQUIPMENT WERE MANUFACTURED BY A PERSON THAT
HAS BEEN ISSUED THE APPROPRIATE MANUFACTURER LICENSE UNDER
THIS SECTION.
(3) NO PERSON ISSUED A LICENSE UNDER THIS SECTION SHALL
APPLY FOR OR BE ISSUED A LICENSE UNDER SECTION 1317.
(4) NO LIMITATION SHALL BE PLACED ON THE NUMBER OF
MANUFACTURER LICENSES ISSUED OR THE TIME PERIOD TO SUBMIT
APPLICATIONS FOR LICENSURE, EXCEPT AS REQUIRED TO COMPLY WITH
SECTION 1306 (RELATING TO ORDER OF INITIAL LICENSE ISSUANCE).
§ 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
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] LICENSES) TO
DEPLOY THOSE SLOT MACHINES WHICH HAVE MET THE SLOT MACHINE
TESTING AND CERTIFICATION STANDARDS IN SUCH OTHER JURISDICTIONS
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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 OR REGULATION
OF THE BOARD, IF A SLOT MACHINE 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 IT 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. PERSONS SEEKING REGISTRATION UNDER
THIS SUBSECTION SHALL BE SUBJECT TO SECTION 1202(B)(9)
(RELATING TO SPECIFIC POWERS).
(2) SPECIFY THE FORM AND CONTENT OF THE APPLICATION FOR
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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 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
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 10.2. SECTIONS 1326(A) AND (B), 13A11(B), 13A22.1(C)
AND 13A27(C) OF TITLE 4 ARE AMENDED TO READ:
§ 1326. [LICENSE RENEWALS] RENEWALS.
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(A) RENEWAL.--ALL PERMITS [AND], LICENSES, REGISTRATIONS OR
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 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] 180 DAYS PRIOR TO THE
EXPIRATION OF THE PERMIT [OR], LICENSE, REGISTRATION OR
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, REGISTRATION OR
CERTIFICATE 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, REGISTRATION OR
CERTIFICATE THAT THE BOARD HAS DENIED THE RENEWAL OF SUCH PERMIT
[OR], LICENSE, REGISTRATION OR CERTIFICATE.
(B) REVOCATION OR FAILURE TO RENEW.--IN ADDITION TO ANY
OTHER SANCTIONS THE BOARD MAY IMPOSE UNDER THIS PART, THE BOARD
MAY AT ITS DISCRETION SUSPEND, REVOKE OR DENY RENEWAL OF ANY
PERMIT [OR], LICENSE, REGISTRATION OR CERTIFICATE ISSUED UNDER
THIS PART IF IT RECEIVES ANY INFORMATION FROM ANY SOURCE THAT
THE APPLICANT OR ANY OF ITS OFFICERS, DIRECTORS, OWNERS OR KEY
EMPLOYEES IS IN VIOLATION OF ANY PROVISION OF THIS PART, THAT
THE APPLICANT HAS FURNISHED THE BOARD WITH FALSE OR MISLEADING
INFORMATION OR THAT THE INFORMATION CONTAINED IN THE APPLICANT'S
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INITIAL APPLICATION OR ANY RENEWAL APPLICATION IS NO LONGER TRUE
AND CORRECT. IN THE EVENT OF A REVOCATION OR FAILURE TO RENEW,
THE APPLICANT'S AUTHORIZATION TO CONDUCT THE PREVIOUSLY APPROVED
ACTIVITY SHALL IMMEDIATELY CEASE, AND ALL FEES PAID IN
CONNECTION THEREWITH SHALL BE DEEMED TO BE FORFEITED. IN THE
EVENT OF A SUSPENSION, THE APPLICANT'S AUTHORIZATION TO CONDUCT
THE PREVIOUSLY APPROVED ACTIVITY SHALL IMMEDIATELY CEASE UNTIL
THE BOARD HAS NOTIFIED THE APPLICANT THAT THE SUSPENSION IS NO
LONGER IN EFFECT.
§ 13A11. AUTHORIZATION TO CONDUCT TABLE GAMES.
* * *
(B) NUMBER OF AUTHORIZED GAMING TABLES.--
(1) A CATEGORY 1 AND CATEGORY 2 SLOT MACHINE LICENSEE
AWARDED A TABLE GAME OPERATION CERTIFICATE MAY OPERATE UP TO
250 GAMING TABLES AT ANY ONE TIME AT ITS LICENSED FACILITY.
NO MORE THAN 30% OF THESE GAMING TABLES MAY BE USED TO PLAY
NONBANKING GAMES AT ANY ONE TIME. SIX MONTHS FOLLOWING THE
DATE OF COMMENCEMENT OF TABLE GAME OPERATIONS, THE BOARD MAY
PERMIT A CATEGORY 1 OR CATEGORY 2 CERTIFICATE HOLDER TO
INCREASE THE NUMBER OF GAMING TABLES ABOVE THE NUMBER
AUTHORIZED UNDER THIS PARAGRAPH. THE CERTIFICATE HOLDER SHALL
PETITION THE BOARD FOR THE INCREASE AT ITS LICENSED FACILITY.
THE BOARD, IN CONSIDERING THE PETITION, SHALL TAKE INTO
ACCOUNT THE APPROPRIATENESS OF THE PHYSICAL SPACE WHERE THE
GAMING TABLES WILL BE LOCATED AND THE CONVENIENCE OF THE
PUBLIC ATTENDING THE FACILITY. THE BOARD MAY ALSO TAKE INTO
ACCOUNT THE POTENTIAL BENEFIT TO THE COMMONWEALTH.
(2) A CATEGORY 3 SLOT MACHINE LICENSEE AWARDED A TABLE
GAME OPERATION CERTIFICATE MAY OPERATE UP TO 50 GAMING TABLES
AT ANY ONE TIME AT ITS LICENSED FACILITY. [NO MORE THAN 30%
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OF THESE GAMING TABLES MAY BE USED TO PLAY NONBANKING GAMES
AT ANY ONE TIME.]
(2.1) A CATEGORY 3 SLOT MACHINE LICENSEE AWARDED A TABLE
GAME OPERATION CERTIFICATE MAY PETITION THE BOARD FOR
ADDITIONAL TABLE GAMES AT ITS LICENSED FACILITY. THE BOARD
MAY AUTHORIZE UP TO 15 ADDITIONAL GAMING TABLES. THE
ADDITIONAL TABLES SHALL BE USED TO PLAY NONBANKING GAMES. THE
BOARD, IN CONSIDERING THE PETITION, SHALL TAKE INTO ACCOUNT
THE APPROPRIATENESS OF THE PHYSICAL SPACE WHERE THE GAMING
TABLES WILL BE LOCATED AND THE CONVENIENCE OF THE PUBLIC
ATTENDING THE FACILITY. THE BOARD MAY ALSO TAKE INTO ACCOUNT
THE POTENTIAL BENEFIT TO THE COMMONWEALTH.
(3) NONBANKING GAMING TABLES SHALL SEAT A MAXIMUM OF TEN
PLAYERS.
§ 13A22.1. TABLE GAME TOURNAMENTS.
* * *
(C) EXEMPTIONS AND ADDITIONAL TABLES.--THE FOLLOWING SHALL
APPLY:
(1) FOR A CATEGORY 1 OR CATEGORY 2 LICENSED FACILITY,
GAMING TABLES USED IN TOURNAMENTS SHALL BE EXEMPT FROM
SECTION 13A11 (B)(1) (RELATING TO AUTHORIZATION TO CONDUCT
TABLE GAMES) AND SHALL NOT BE USED IN ANY CALCULATION OF THE
TOTAL NUMBER OF GAMING TABLES AUTHORIZED IN THE TABLE GAME
AUTHORIZATION CERTIFICATE.
(2) FOR A CATEGORY 3 LICENSED FACILITY, THE EXECUTIVE
DIRECTOR MAY AUTHORIZE THE LICENSED FACILITY TO OPERATE UP TO
15 ADDITIONAL GAMING TABLES FOR USE IN TOURNAMENTS. [THE
EXECUTIVE DIRECTOR MAY GRANT THE USE OF THE ADDITIONAL GAMING
TABLES FOR TOURNAMENTS AUTHORIZED UNDER THIS PARAGRAPH ONLY
ONE DAY PER MONTH.] ADDITIONAL TABLES FOR USE IN TOURNAMENTS
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SHALL BE EXEMPT FROM SECTION 13A11(B)(2) (RELATING TO
AUTHORIZATION TO CONDUCT TABLE GAMES) AND SHALL NOT BE USED
IN ANY CALCULATION OF THE TOTAL NUMBER OF GAMING TABLES
AUTHORIZED IN THE TABLE GAME AUTHORIZATION CERTIFICATE. THE
EXECUTIVE DIRECTOR MAY GRANT THE USE OF ADDITIONAL GAMING
TABLES ON THE DATES AND TIMES LISTED IN THE PROPOSED SCHEDULE
OF TOURNAMENTS SUBMITTED BY THE CATEGORY 3 SLOT MACHINE
LICENSEE IN ACCORDANCE WITH SUBSECTION (B).
* * *
§ 13A27. OTHER FINANCIAL TRANSACTIONS.
* * *
(C) CREDIT APPLICATION VERIFICATION.---PRIOR TO APPROVING AN
APPLICATION FOR CREDIT, A CERTIFICATE HOLDER SHALL VERIFY:
(1) THE IDENTITY, CREDITWORTHINESS AND INDEBTEDNESS
INFORMATION OF THE APPLICANT BY CONDUCTING A COMPREHENSIVE
REVIEW OF THE INFORMATION SUBMITTED WITH THE APPLICATION AND
ANY INFORMATION REGARDING THE APPLICANT'S CREDIT ACTIVITY AT
OTHER LICENSED FACILITIES WHICH THE CERTIFICATE HOLDER MAY
OBTAIN THROUGH A CASINO CREDIT BUREAU AND, IF APPROPRIATE,
THROUGH DIRECT CONTACT WITH OTHER SLOT MACHINE LICENSEES.
(2) THAT THE APPLICANT'S NAME IS NOT INCLUDED ON AN
EXCLUSION LIST UNDER SECTION 1514 (RELATING TO REGULATION
REQUIRING EXCLUSION [OR], EJECTION OR DENIAL OF ACCESS OF
CERTAIN PERSONS) OR 1516 (RELATING TO LIST OF PERSONS SELF
EXCLUDED FROM GAMING ACTIVITIES) OR THE VOLUNTARY CREDIT
SUSPENSION LIST UNDER SUBSECTION (H).
* * *
SECTION 10.3. SECTION 13A41 OF TITLE 4 IS AMENDED BY ADDING
A SUBSECTION TO READ:
§ 13A41. TABLE GAME DEVICE AND ASSOCIATED EQUIPMENT TESTING AND
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CERTIFICATION STANDARDS.
* * *
(B.1) USE OF PRIVATE TESTING AND CERTIFICATION FACILITIES.--
NOTWITHSTANDING ANY PROVISION OF THIS PART OR REGULATION OF THE
BOARD, 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 IT 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 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.
(6) ESTABLISH AN ABBREVIATED CERTIFICATION PROCESS THAT
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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 10.4. SECTIONS 13A61(A) AND (F) AND 13A63(B)(4) OF
TITLE 4 ARE AMENDED TO READ:
§ 13A61. TABLE GAME AUTHORIZATION FEE.
(A) AMOUNT OF AUTHORIZATION FEE.--
(1) A CATEGORY 1 OR A CATEGORY 2 SLOT MACHINE LICENSEE
THAT SUBMITS A PETITION FOR A TABLE GAME OPERATION
CERTIFICATE UNDER SECTION 13A12 (RELATING TO PETITION
REQUIREMENTS) ON OR BEFORE JUNE 1, 2010, SHALL PAY A ONE-TIME
NONREFUNDABLE AUTHORIZATION FEE IN THE AMOUNT OF $16,500,000.
A CATEGORY 1 OR A CATEGORY 2 SLOT MACHINE LICENSEE THAT
SUBMITS A PETITION FOR A TABLE GAME OPERATION CERTIFICATE
UNDER SECTION 13A12 AFTER JUNE 1, 2010, SHALL PAY A ONE-TIME
NONREFUNDABLE AUTHORIZATION FEE IN THE AMOUNT OF $24,750,000.
(2) A CATEGORY 3 SLOT MACHINE LICENSEE THAT SUBMITS A
PETITION FOR A TABLE GAME OPERATION CERTIFICATE UNDER SECTION
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13A12 ON OR BEFORE JUNE 1, 2010, SHALL PAY A ONE-TIME
NONREFUNDABLE AUTHORIZATION FEE IN THE AMOUNT OF $7,500,000.
A CATEGORY 3 SLOT MACHINE LICENSEE THAT SUBMITS A PETITION
FOR A TABLE GAME OPERATION CERTIFICATE UNDER SECTION 13A12
AFTER JUNE 1, 2010, SHALL PAY A ONE-TIME NONREFUNDABLE
AUTHORIZATION FEE IN THE AMOUNT OF $11,250,000.
(3) NOTWITHSTANDING PARAGRAPHS (1) AND (2), THE HOLDER
OF A CATEGORY 1 OR CATEGORY 3 SLOT MACHINE LICENSE ISSUED
AFTER JUNE 1, 2010, THAT SUBMITS A PETITION FOR A TABLE GAME
OPERATION CERTIFICATE SHALL PAY A ONE-TIME NONREFUNDABLE
AUTHORIZATION FEE IN THE AMOUNT OF $16,500,000 OR $7,500,000,
RESPECTIVELY.
(3.1) NOTWITHSTANDING PARAGRAPHS (2) AND (3), THE HOLDER
OF A CATEGORY 3 SLOT MACHINE LICENSE ISSUED ON OR AFTER
JANUARY 1, 2016, THAT SUBMITS A PETITION FOR A TABLE GAME
OPERATION CERTIFICATE SHALL PAY A ONE-TIME NONREFUNDABLE
AUTHORIZATION FEE IN THE AMOUNT OF $8,500,000.
(3.2) NOTWITHSTANDING ANY OTHER PROVISION OF THIS PART,
NO LATER THAN 60 DAYS AFTER THE BOARD APPROVES A REQUEST FOR
ADDITIONAL TABLE GAMES IN ACCORDANCE WITH SECTION 13A11
(RELATING TO AUTHORIZATION TO CONDUCT TABLE GAMES) SUBMITTED
BY THE HOLDER OF A CATEGORY 3 SLOT MACHINE LICENSE ISSUED
PRIOR TO JANUARY 1, 2016, THE CATEGORY 3 SLOT MACHINE
LICENSEE SHALL PAY A ONE-TIME NONREFUNDABLE FEE IN THE AMOUNT
OF $1,000,000.
(4) A TABLE GAME OPERATION CERTIFICATE SHALL NOT BE
SUBJECT TO RENEWAL OR PAYMENT OF AN ADDITIONAL AUTHORIZATION
FEE.
* * *
(F) DEPOSIT OF FEES.--NOTWITHSTANDING SECTION 1208 (RELATING
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TO COLLECTION OF FEES AND FINES), ALL TABLE GAME AUTHORIZATION
FEES AND OTHER FEES OR PENALTIES RECEIVED BY THE BOARD UNDER
THIS SUBCHAPTER, ALL TABLE GAME DEVICE AND ASSOCIATED EQUIPMENT
MANUFACTURER AND SUPPLIER LICENSE FEES, ALL TABLE GAME DEVICE OR
ASSOCIATED EQUIPMENT MANUFACTURER AND SUPPLIER RENEWAL FEES AND
FEES FOR LICENSES ISSUED UNDER CHAPTER 16 (RELATING TO JUNKETS)
SHALL BE DEPOSITED IN THE GENERAL FUND.
§ 13A63. LOCAL SHARE ASSESSMENT.
* * *
(B) DISTRIBUTIONS TO COUNTIES.--THE DEPARTMENT SHALL MAKE
QUARTERLY DISTRIBUTIONS FROM THE LOCAL SHARE ASSESSMENTS
DEPOSITED INTO THE FUND UNDER SUBSECTION (A) TO COUNTIES,
INCLUDING HOME RULE COUNTIES, HOSTING A LICENSED FACILITY
AUTHORIZED TO CONDUCT TABLE GAMES UNDER THIS CHAPTER IN
ACCORDANCE WITH THE FOLLOWING:
* * *
(4) THE FOLLOWING APPLY:
(I) IF THE FACILITY IS A CATEGORY 3 LICENSED
FACILITY LOCATED IN A COUNTY OF THE SECOND CLASS A: 50%
OF THE LICENSED FACILITY'S LOCAL SHARE ASSESSMENT SHALL
BE [DEPOSITED INTO A RESTRICTED RECEIPTS ACCOUNT TO BE
ESTABLISHED IN THE COMMONWEALTH FINANCING AUTHORITY TO BE
USED EXCLUSIVELY FOR GRANTS OR GUARANTEES FOR PROJECTS IN
THE COUNTY THAT QUALIFY UNDER 64 PA.C.S. §§ 1551
(RELATING TO BUSINESS IN OUR SITES PROGRAM), 1556
(RELATING TO TAX INCREMENT FINANCING GUARANTEE PROGRAM)
AND 1558 (RELATING TO WATER SUPPLY AND WASTE WATER
INFRASTRUCTURE PROGRAM).] DISTRIBUTED AS FOLLOWS:
(A) SEVENTY-FIVE PERCENT SHALL BE DEPOSITED TO
THE COUNTY HOSTING THE LICENSED FACILITY FROM EACH
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SUCH LICENSED FACILITY FOR THE PURPOSE OF SUPPORTING
THE MAINTENANCE AND REFURBISHMENT OF THE PARKS AND
HERITAGE SITES THROUGHOUT THE COUNTY IN WHICH THE
LICENSEE IS LOCATED.
(B) TWELVE AND ONE-HALF PERCENT SHALL BE
DEPOSITED TO THE COUNTY HOSTING THE LICENSED FACILITY
FROM EACH SUCH LICENSED FACILITY FOR THE PURPOSE OF
SUPPORTING A CHILD ADVOCACY CENTER LOCATED WITHIN THE
COUNTY IN WHICH THE LICENSEE IS LOCATED.
(C) TWELVE AND ONE-HALF PERCENT SHALL BE
DEPOSITED TO THE COUNTY HOSTING THE LICENSED FACILITY
FROM EACH SUCH LICENSED FACILITY FOR THE PURPOSE OF
SUPPORTING AN ORGANIZATION PROVIDING COMPREHENSIVE
SUPPORT SERVICES TO VICTIMS OF DOMESTIC VIOLENCE,
INCLUDING LEGAL AND MEDICAL AID, SHELTERS,
TRANSITIONAL HOUSING AND COUNSELING LOCATED WITHIN
THE COUNTY IN WHICH THE LICENSEE IS LOCATED.
(II) EXCEPT AS PROVIDED IN SUBPARAGRAPH (I), IF THE
FACILITY IS A CATEGORY 3 LICENSED FACILITY IN A COUNTY OF
ANY CLASS: 50% OF THE LICENSED FACILITY'S LOCAL SHARE
ASSESSMENT SHALL BE ADDED TO THE FUNDS IN THE RESTRICTED
RECEIPTS ACCOUNT ESTABLISHED UNDER SECTION 1403(C)(2)(IV)
FOR DISTRIBUTION WITH THOSE FUNDS.
* * *
SECTION 11. TITLE 4 IS AMENDED BY ADDING CHAPTERS TO READ:
CHAPTER 13B
INTERACTIVE GAMING
SUBCHAPTER
A. GENERAL PROVISIONS
B. INTERACTIVE GAMING AUTHORIZED
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C. CONDUCT OF INTERACTIVE GAMING
D. FACILITIES AND EQUIPMENT
E. TESTING AND CERTIFICATION
F. TAXES AND FEES
G. MISCELLANEOUS PROVISIONS
SUBCHAPTER A
GENERAL PROVISIONS
SEC.
13B01. LEGISLATIVE FINDINGS.
13B02. REGULATORY AUTHORITY.
13B03. TEMPORARY INTERACTIVE GAMING REGULATIONS.
§ 13B01. LEGISLATIVE FINDINGS.
THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:
(1) THE PRIMARY OBJECTIVE OF THE PENNSYLVANIA RACE HORSE
DEVELOPMENT AND GAMING ACT, TO WHICH ALL OTHER OBJECTIVES ARE
SECONDARY, IS TO PROTECT THE PUBLIC THROUGH THE REGULATION
AND POLICING OF ALL ACTIVITIES INVOLVING GAMING AND PRACTICES
THAT CONTINUE TO BE UNLAWFUL.
(2) LEGISLATIVE AUTHORIZATION OF SLOT MACHINE GAMING AND
THE CONDUCT OF TABLE GAMES IS INTENDED TO ENHANCE LIVE HORSE
RACING, BREEDING PROGRAMS, ENTERTAINMENT AND EMPLOYMENT IN
THIS COMMONWEALTH.
(3) LEGALIZED GAMING IS SEEN AS A MEANS TO PROVIDE A
SOURCE OF REVENUE FOR PROPERTY AND WAGE TAX RELIEF, PROMOTE
ECONOMIC DEVELOPMENT AND ENHANCE DEVELOPMENT OF TOURISM
MARKETS THROUGHOUT THIS COMMONWEALTH.
(4) LEGALIZED GAMING IN THE CATEGORY 1, CATEGORY 2 AND
CATEGORY 3 LICENSED FACILITIES GEOGRAPHICALLY DISPERSED IN
THIS COMMONWEALTH HAS BECOME A CRITICAL COMPONENT OF ECONOMIC
DEVELOPMENT AND, IF GAMING ACTIVITIES CONTINUE TO BE PROPERLY
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REGULATED AND FOSTERED, IT WILL PROVIDE A SUBSTANTIAL
CONTRIBUTION TO THE GENERAL HEALTH, WELFARE AND PROSPERITY OF
THIS COMMONWEALTH AND ITS CITIZENS.
(5) THE GENERAL ASSEMBLY REMAINS COMMITTED TO ENSURING A
ROBUST GAMING INDUSTRY IN THIS COMMONWEALTH THAT IS CAPABLE
OF COMPETING INTERNATIONALLY, NATIONALLY AND REGIONALLY AT
THE HIGHEST LEVELS OF QUALITY WHILE MAINTAINING STRICT
REGULATORY OVERSIGHT TO ENSURE THE INTEGRITY OF ALL GAMING
OPERATIONS AS SUPERVISED BY THE BOARD.
(6) SINCE ITS DEVELOPMENT, THE INTERNET HAS PROVIDED THE
OPPORTUNITY FOR MILLIONS OF PEOPLE WORLDWIDE TO ENGAGE IN
ONLINE GAMBLING, MOSTLY THROUGH ILLEGAL, UNREGULATED OFF-
SHORE GAMBLING OPERATIONS.
(7) IN 2006, THE UNITED STATES CONGRESS PASSED AND THE
PRESIDENT OF THE UNITED STATES SIGNED THE UNLAWFUL INTERNET
GAMBLING ENFORCEMENT ACT OF 2006 (PUBLIC LAW 109-347, 31
U.S.C. § 5361 ET SEQ.), WHICH GENERALLY PROHIBITS THE USE OF
BANKING INSTRUMENTS, INCLUDING CREDIT CARDS, CHECKS AND MONEY
TRANSFERS FOR INTERSTATE INTERNET GAMBLING.
(8) ALTHOUGH THE UNLAWFUL INTERNET GAMBLING ENFORCEMENT
ACT OF 2006 PROHIBITS INTERSTATE INTERNET GAMBLING BY UNITED
STATES CITIZENS, IT INCLUDED AN EXCEPTION THAT PERMITS
INDIVIDUAL STATES TO CREATE A REGULATORY FRAMEWORK TO GOVERN
INTRASTATE INTERNET OR INTERACTIVE GAMBLING, PROVIDED THAT
THE BETS OR WAGERS WOULD BE MADE EXCLUSIVELY WITHIN A SINGLE
STATE UNDER CERTAIN CIRCUMSTANCES.
(9) INTERACTIVE GAMING IS ILLEGAL IN THIS COMMONWEALTH
AND WITHOUT LEGISLATIVE AUTHORIZATION AND STRICT REGULATION,
THE PUBLIC'S TRUST AND CONFIDENCE IN LEGALIZED COMMERCIAL
GAMING MAY BE IMPACTED.
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(10) IN THIS COMMONWEALTH, INTERACTIVE GAMING HAS BEEN
CONDUCTED WITHOUT OVERSIGHT, REGULATION OR ENFORCEMENT, ALL
OF WHICH RAISES SIGNIFICANT CONCERNS FOR THE PROTECTION OF
THE HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF THIS
COMMONWEALTH.
(11) AN EFFECTIVE REGULATORY, LICENSING AND ENFORCEMENT
SYSTEM FOR INTERACTIVE GAMING IN THIS COMMONWEALTH WOULD
INHIBIT UNDERAGE WAGERING AND OTHERWISE PROTECT VULNERABLE
INDIVIDUALS, ENSURE THAT THE GAMES OFFERED THROUGH THE
INTERNET ARE FAIR AND SAFE, STOP SENDING MUCH-NEEDED JOBS,
TAX AND OTHER REVENUE OFFSHORE TO ILLEGAL OPERATORS, PROVIDE
A SIGNIFICANT SOURCE OF TAXABLE REVENUE, CREATE JOBS AND
ECONOMIC DEVELOPMENT AND ADDRESS THE CONCERNS OF LAW
ENFORCEMENT.
(12) BY LEGALIZING INTERACTIVE GAMING AND SUBJECTING IT
TO THE REGULATORY OVERSIGHT OF THE PENNSYLVANIA GAMING
CONTROL BOARD, THE GENERAL ASSEMBLY IS ASSURING THE CITIZENS
OF THIS COMMONWEALTH THAT ONLY THOSE PERSONS LICENSED BY THE
BOARD TO CONDUCT SLOT MACHINE GAMING AND TABLE GAMES AND TO
OPERATE INTERACTIVE GAMES OR INTERACTIVE GAMING SYSTEMS, IN
ACCORDANCE WITH THE REQUIREMENTS OF THIS PART, HAVE BEEN
DETERMINED TO BE SUITABLE TO FACILITATE AND CONDUCT
INTERACTIVE GAMING ACTIVITIES IN THIS COMMONWEALTH.
(13) AN EFFECTIVE REGULATORY, LICENSING AND ENFORCEMENT
SYSTEM TO GOVERN INTERACTIVE GAMING IN THIS COMMONWEALTH IS
CONSISTENT WITH THE ORIGINAL OBJECTIVES AND INTENT OF THE
PENNSYLVANIA RACE HORSE DEVELOPMENT AND GAMING ACT, THEREBY
ENSURING THE PUBLIC TRUST AND CONFIDENCE IN THE COMMERCIAL
GAMING INDUSTRY IN THIS COMMONWEALTH.
(14) THE COMMONWEALTH HAS A LEGITIMATE STATE INTEREST IN
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PROTECTING THE INTEGRITY OF STATE-AUTHORIZED INTERACTIVE
GAMING BY LICENSING THOSE ENTITIES ALREADY ENGAGED IN THE
CONDUCT OF GAMING IN THIS COMMONWEALTH, WHICH ARE SUBJECT TO
THE SCRUTINY AND DISCIPLINE OF THE BOARD AND OTHER REGULATORY
AGENCIES AND WHICH ARE IN GOOD STANDING WITH THOSE AGENCIES.
§ 13B02. REGULATORY AUTHORITY.
(A) AUTHORITY.--THE BOARD SHALL PROMULGATE AND ADOPT RULES
AND REGULATIONS TO GOVERN THE CONDUCT OF INTERACTIVE GAMING IN
ORDER TO ENSURE THAT IT WILL BE IMPLEMENTED IN A MANNER THAT
PROVIDES FOR THE SECURITY AND EFFECTIVE MANAGEMENT,
ADMINISTRATION AND CONTROL OF INTERACTIVE GAMING, INCLUDING, BUT
NOT LIMITED TO, REGULATIONS:
(1) ENSURING THAT INTERACTIVE GAMING IS OFFERED FOR PLAY
IN THIS COMMONWEALTH IN A MANNER THAT IS CONSISTENT WITH
FEDERAL LAW AND THE PROVISIONS OF THIS CHAPTER.
(2) ESTABLISHING STANDARDS AND PROCEDURES FOR TESTING
AND APPROVING INTERACTIVE GAMES AND INTERACTIVE GAMING
DEVICES AND ASSOCIATED EQUIPMENT, AND ANY VARIATIONS OR
COMPOSITES OF AUTHORIZED INTERACTIVE GAMES, PROVIDED THAT THE
BOARD DETERMINES THAT THE INTERACTIVE GAMES AND ANY NEW
INTERACTIVE GAMES OR ANY VARIATIONS OR COMPOSITES ARE
SUITABLE FOR USE AFTER A TEST OR EXPERIMENTAL PERIOD UNDER
ANY TERMS AND CONDITIONS AS THE BOARD MAY DEEM APPROPRIATE.
THE BOARD MAY GIVE PRIORITY TO THE TESTING OF INTERACTIVE
GAMES, INTERACTIVE GAMING DEVICES AND ASSOCIATED EQUIPMENT OR
OTHER GAMING EQUIPMENT WHICH A SLOT MACHINE LICENSEE HAS
CERTIFIED THAT IT WILL USE TO CONDUCT INTERACTIVE GAMING IN
THIS COMMONWEALTH. NOTHING IN THIS PARAGRAPH SHALL BE
CONSTRUED TO PROHIBIT THE BOARD FROM USING THE TESTING AND
CERTIFICATION STANDARDS OF ANOTHER STATE OR JURISDICTION IN
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WHICH INTERACTIVE GAMING IS CONDUCTED, IF IT DETERMINES THAT
THE STANDARDS OF THE JURISDICTION ARE COMPREHENSIVE, THOROUGH
AND PROVIDE SIMILAR AND ADEQUATE SAFEGUARDS AS THOSE REQUIRED
UNDER THIS PART. IF THE BOARD MAKES SUCH A DETERMINATION AND
THE APPLICANT FOR AN INTERACTIVE GAMING CERTIFICATE OR AN
INTERACTIVE GAMING LICENSE IS LICENSED IN ANOTHER STATE OR
JURISDICTION TO OPERATE INTERACTIVE GAMING, IT MAY USE AN
ABBREVIATED PROCESS REQUIRING ONLY THE INFORMATION DETERMINED
BY IT TO BE NECESSARY TO CONSIDER THE ISSUANCE OF A
CERTIFICATION UNDER THIS CHAPTER. THE BOARD, IN ITS
DISCRETION, MAY ALSO RELY UPON THE CERTIFICATION OF
INTERACTIVE GAMES THAT HAVE MET THE TESTING AND CERTIFICATION
STANDARDS OF A BOARD-APPROVED PRIVATE TESTING AND
CERTIFICATION FACILITY.
(3) ESTABLISHING STANDARDS AND RULES TO GOVERN THE
CONDUCT OF INTERACTIVE GAMING AND THE SYSTEM OF AND WAGERING
ASSOCIATED WITH INTERACTIVE GAMING, INCLUDING INTERNAL
CONTROLS AND ACCOUNTING CONTROLS, AND THE TYPE, NUMBER,
PAYOUT, WAGERING LIMITS AND RULES FOR INTERACTIVE GAMES.
(4) ESTABLISHING THE METHOD FOR CALCULATING GROSS
INTERACTIVE GAMING REVENUE AND STANDARDS FOR THE DAILY
COUNTING AND RECORDING OF CASH AND CASH EQUIVALENTS RECEIVED
IN THE CONDUCT OF AUTHORIZED INTERACTIVE GAMES AND ENSURE
THAT INTERNAL CONTROLS AND ACCOUNTING CONTROLS ARE FOLLOWED,
INCLUDING THE MAINTENANCE OF FINANCIAL BOOKS AND RECORDS AND
THE CONDUCT OF AUDITS. THE BOARD SHALL CONSULT WITH THE
DEPARTMENT IN ESTABLISHING THESE REGULATIONS.
(5) ESTABLISHING NOTICE REQUIREMENTS PERTAINING TO
MINIMUM AND MAXIMUM WAGERS ON AUTHORIZED INTERACTIVE GAMES.
(6) ENSURING THAT ALL FACILITIES AND INTERACTIVE GAMING
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DEVICES AND ASSOCIATED EQUIPMENT ARE ARRANGED IN A MANNER TO
PROMOTE APPROPRIATE SECURITY FOR INTERACTIVE GAMING.
(7) ESTABLISHING TECHNICAL STANDARDS FOR THE APPROVAL OF
INTERACTIVE GAMES, INTERACTIVE GAMING DEVICES AND ASSOCIATED
EQUIPMENT, INCLUDING MECHANICAL, ELECTRICAL OR PROGRAM
RELIABILITY, SECURITY AGAINST TAMPERING AND ANY OTHER
STANDARDS AS IT MAY DEEM NECESSARY TO PROTECT REGISTERED
PLAYERS FROM FRAUD OR DECEPTION.
(8) GOVERNING THE CREATION AND UTILIZATION OF
INTERACTIVE GAMING ACCOUNTS BY REGISTERED PLAYERS, INCLUDING
REQUIRING THAT:
(I) INTERACTIVE GAMING ACCOUNTS BE POSSESSED BY A
NATURAL PERSON AND NOT IN THE NAME OF ANY BENEFICIARY,
CUSTODIAN, JOINT TRUST, CORPORATION, PARTNERSHIP OR OTHER
ORGANIZATION OR ENTITY.
(II) INTERACTIVE GAMING ACCOUNTS SHALL NOT BE
ASSIGNABLE OR OTHERWISE TRANSFERABLE.
(III) NO ACCOUNT BE ESTABLISHED FOR AN INDIVIDUAL
UNDER 21 YEARS OF AGE.
(9) ESTABLISHING PROCEDURES FOR REGISTERED PLAYERS TO
LOG INTO THEIR INTERACTIVE GAMING ACCOUNTS, AUTHENTICATE
IDENTITIES, AGREE TO TERMS, CONDITIONS AND RULES APPLICABLE
TO AUTHORIZED INTERACTIVE GAMES AND LOG OUT OF INTERACTIVE
GAMING ACCOUNTS, INCLUDING PROCEDURES FOR AUTOMATICALLY
LOGGING OFF REGISTERED PLAYERS FROM AN INTERACTIVE GAME AFTER
A SPECIFIED PERIOD OF INACTIVITY.
(10) ESTABLISHING PROCEDURES FOR:
(I) DEPOSITING FUNDS IN AN INTERACTIVE GAMING
ACCOUNT BY CASH, TRANSFER OR OTHER MEANS.
(II) THE WITHDRAWAL OF FUNDS FROM INTERACTIVE GAMING
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ACCOUNTS.
(III) THE SUSPENSION OF INTERACTIVE GAMING ACCOUNT
ACTIVITY FOR SECURITY REASONS.
(IV) THE TERMINATION OF INTERACTIVE GAMING ACCOUNTS
AND DISPOSITION OF PROCEEDS IN ACCOUNTS.
(V) THE DISPOSITION OF UNCLAIMED AMOUNTS IN DORMANT
INTERACTIVE GAMING ACCOUNTS.
(11) ESTABLISHING MECHANISMS BY WHICH REGISTERED PLAYERS
MAY PLACE LIMITS ON THE AMOUNT OF MONEY BEING WAGERED PER
AUTHORIZED INTERACTIVE GAME OR DURING ANY SPECIFIED TIME
PERIOD OR THE AMOUNT OF LOSSES INCURRED DURING ANY SPECIFIED
TIME PERIOD.
(12) ESTABLISHING MECHANISMS TO EXCLUDE FROM INTERACTIVE
GAMING PERSONS NOT ELIGIBLE TO PLAY BY REASON OF AGE,
IDENTITY OR LOCATION OR INCLUSION ON A LIST OF PERSONS DENIED
ACCESS TO INTERACTIVE GAMING ACTIVITIES IN ACCORDANCE WITH
SECTIONS 1514 (RELATING TO REGULATION REQUIRING EXCLUSION,
EJECTION OR DENIAL OF ACCESS OF CERTAIN PERSONS), 1515
(RELATING TO REPEAT OFFENDERS EXCLUDABLE FROM LICENSED GAMING
FACILITY) AND 1516 (RELATING TO LIST OF PERSONS SELF EXCLUDED
FROM GAMING ACTIVITIES).
(13) ESTABLISHING PROCEDURES FOR THE PROTECTION,
SECURITY AND RELIABILITY OF INTERACTIVE GAMING ACCOUNTS,
AUTHORIZED INTERACTIVE GAMES, INTERACTIVE GAMING DEVICES AND
ASSOCIATED EQUIPMENT AND MECHANISMS TO PREVENT TAMPERING OR
UTILIZATION BY UNAUTHORIZED PERSONS.
(14) ESTABLISHING DATA SECURITY STANDARDS TO GOVERN AGE,
IDENTITY AND LOCATION VERIFICATION OF PERSONS ENGAGED IN
INTERACTIVE GAMING ACTIVITY.
(15) REQUIRING EACH INTERACTIVE GAMING CERTIFICATE
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HOLDER TO:
(I) PROVIDE WRITTEN INFORMATION ON ITS INTERACTIVE
GAMING SKIN OR INTERNET WEBSITE, WHICH EXPLAINS THE RULES
FOR EACH AUTHORIZED INTERACTIVE GAME, PAYOFFS OR WINNING
WAGERS AND OTHER INFORMATION AS THE BOARD MAY REQUIRE.
(II) DESIGNATE ONE OR MORE INTERACTIVE GAMING
RESTRICTED AREAS WHERE INTERACTIVE GAMING WILL BE
MANAGED, ADMINISTERED OR CONTROLLED.
(III) PROVIDE THE BOARD WITH ACCESS TO THE
INTERACTIVE GAMING SKIN OR WEBSITE, INTERACTIVE GAMING
PLATFORM, SIGNAL OR TRANSMISSION USED IN CONNECTION WITH
INTERACTIVE GAMING.
(IV) ADOPT PROCEDURES FOR THE RECORDATION,
REPLICATION AND STORAGE OF ALL PLAY AND TRANSACTIONS FOR
A PERIOD TO BE DETERMINED BY THE BOARD.
(V) PROVIDE STATEMENTS ON ITS INTERACTIVE GAMING
SKIN OR WEBSITE ABOUT THE PERMISSIBLE MINIMUM AND MAXIMUM
WAGERS FOR EACH AUTHORIZED INTERACTIVE GAME, AS
APPLICABLE.
(VI) ADOPT POLICIES OR PROCEDURES TO PROHIBIT ANY
UNAUTHORIZED PERSON FROM HAVING ACCESS TO INTERACTIVE
GAMING DEVICES AND ASSOCIATED EQUIPMENT, INCLUDING
SOFTWARE, SYSTEM PROGRAMS, HARDWARE AND ANY OTHER GAMING
EQUIPMENT WHICH IS USED TO MANAGE, ADMINISTER OR CONTROL
INTERACTIVE GAMING.
(VII) ADOPT DATA SECURITY STANDARDS TO VERIFY THE
AGE, IDENTITY AND LOCATION OF PERSONS ENGAGED IN
INTERACTIVE GAMING ACTIVITY AND PREVENT UNAUTHORIZED
ACCESS BY ANY PERSON WHOSE AGE AND LOCATION HAVE NOT BEEN
VERIFIED OR WHOSE AGE AND LOCATION CANNOT BE VERIFIED IN
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ACCORDANCE WITH REGULATIONS ADOPTED BY THE BOARD.
(VIII) ADOPT STANDARDS TO PROTECT THE PRIVACY AND
SECURITY OF PERSONS ENGAGED IN INTERACTIVE GAMING.
(IX) COLLECT, REPORT AND PAY ANY AND ALL APPLICABLE
TAXES AND FEES AND MAINTAIN ALL BOOKS, RECORDS AND
DOCUMENTS RELATED TO THE SLOT MACHINE LICENSEE'S
INTERACTIVE GAMING ACTIVITIES IN A MANNER AND IN A
LOCATION WITHIN THIS COMMONWEALTH AS APPROVED BY THE
BOARD OR THE DEPARTMENT. ALL BOOKS, RECORDS AND DOCUMENTS
SHALL BE IMMEDIATELY AVAILABLE FOR INSPECTION DURING ALL
HOURS OF OPERATION IN ACCORDANCE WITH THE REGULATIONS OF
THE BOARD AND SHALL BE MAINTAINED IN A MANNER AND DURING
PERIODS OF TIME AS THE BOARD SHALL BY REGULATION REQUIRE.
(B) ADDITIONAL AUTHORITY.--
(1) AT ITS DISCRETION, THE BOARD MAY DETERMINE WHETHER
PERSONS THAT PROVIDE THE FOLLOWING GOODS OR SERVICES AND ANY
OTHER GOODS OR SERVICES RELATED TO INTERACTIVE GAMING AS THE
BOARD MAY DETERMINE SHALL BE REQUIRED TO OBTAIN A LICENSE,
PERMIT OR OTHER AUTHORIZATION:
(I) PAYMENT PROCESSING AND RELATED MONEY
TRANSMITTING AND SERVICES.
(II) CUSTOMER IDENTITY OR AGE VERIFICATION AND
GEOSPATIAL TECHNOLOGY SERVICES.
(III) GENERAL TELECOMMUNICATIONS SERVICES, WHICH ARE
NOT SPECIFICALLY DESIGNED FOR OR RELATED TO INTERACTIVE
GAMING.
(IV) OTHER GOODS OR SERVICES THAT ARE NOT
SPECIFICALLY DESIGNED FOR USE WITH INTERACTIVE GAMING IF
THE PERSONS PROVIDING THE GOODS OR SERVICES ARE NOT PAID
A PERCENTAGE OF GAMING REVENUE OR OF MONEY WAGERED ON
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INTERACTIVE GAMES OR OF ANY FEES, NOT INCLUDING FEES TO
FINANCIAL INSTITUTIONS AND PAYMENT PROVIDERS FOR
FACILITATING A DEPOSIT BY AN INTERACTIVE GAMING ACCOUNT
HOLDER.
(2) THE BOARD SHALL DEVELOP A CLASSIFICATION SYSTEM FOR
THE LICENSURE, PERMITTING OR OTHER AUTHORIZATION OF PERSONS
THAT PROVIDE THE FOLLOWING GOODS OR SERVICES RELATED TO
INTERACTIVE GAMING:
(I) PERSONS THAT PROVIDE INTERACTIVE GAMES AND
INTERACTIVE GAMING DEVICES AND ASSOCIATED EQUIPMENT.
(II) PERSONS THAT MANAGE, CONTROL OR ADMINISTER THE
INTERACTIVE GAMES OR THE WAGERS ASSOCIATED WITH
INTERACTIVE GAMES.
(III) PROVIDERS OF CUSTOMER LISTS COMPRISED OF
PERSONS IDENTIFIED OR SELECTED, IN WHOLE OR IN PART,
BECAUSE THEY PLACED OR MAY PLACE WAGERS ON INTERACTIVE
GAMING.
(C) DEFINITION.--FOR THE PURPOSES OF SUBSECTION (A)(9),
(12), (14) AND (15)(IX) AND (X), THE TERM "PERSON" SHALL MEAN A
NATURAL PERSON.
§ 13B03. TEMPORARY INTERACTIVE GAMING REGULATIONS.
(A) PROMULGATION.--
(1) 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 IN THE PENNSYLVANIA BULLETIN AND ON THE BOARD'S
PUBLICLY ACCESSIBLE INTERNET WEBSITE.
(2) THE BOARD MAY PROMULGATE TEMPORARY REGULATIONS NOT
SUBJECT TO:
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(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) SECTIONS 204(B) AND 301(10) OF THE ACT OF
OCTOBER 15, 1980 (P.L.950, NO.164), KNOWN AS THE
COMMONWEALTH ATTORNEYS ACT.
(III) THE ACT OF JUNE 25, 1982 (P.L.633, NO.181),
KNOWN AS THE REGULATORY REVIEW ACT.
(B) TEMPORARY REGULATIONS.--THE BOARD SHALL BEGIN PUBLISHING
TEMPORARY REGULATIONS GOVERNING THE RULES FOR INTERACTIVE
GAMING, THE ISSUANCE OF INTERACTIVE GAMING CERTIFICATES AND
INTERACTIVE GAMING LICENSES, STANDARDS FOR APPROVING
MANUFACTURERS, SUPPLIERS AND OTHER PERSONS SEEKING TO PROVIDE
INTERACTIVE GAMES, INTERACTIVE GAMING DEVICES AND ASSOCIATED
EQUIPMENT, INCLUDING AGE AND LOCATION VERIFICATION SOFTWARE OR
SYSTEM PROGRAMS AND SECURITY AND SURVEILLANCE STANDARDS IN THE
PENNSYLVANIA BULLETIN NOT LATER THAN FEBRUARY 1, 2016.
(C) EXPIRATION OF TEMPORARY REGULATIONS.--EXCEPT FOR
TEMPORARY REGULATIONS GOVERNING THE RULES FOR ISSUING
CERTIFICATES AND LICENSES UNDER THIS CHAPTER, FOR NEW
INTERACTIVE GAMES, FOR APPROVING INTERACTIVE GAMES, INTERACTIVE
GAMING DEVICES AND ASSOCIATED EQUIPMENT AND FOR APPROVING
MANUFACTURERS, SUPPLIERS AND OTHER PERSONS SEEKING TO PROVIDE
INTERACTIVE GAMES, INTERACTIVE GAMING DEVICES AND ASSOCIATED
EQUIPMENT, 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.
SUBCHAPTER B
INTERACTIVE GAMING AUTHORIZED
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SEC.
13B11. AUTHORIZATION TO CONDUCT INTERACTIVE GAMING.
13B12. INTERACTIVE GAMING CERTIFICATE REQUIRED AND CONTENT OF
PETITION.
13B13. ISSUANCE OF INTERACTIVE GAMING CERTIFICATE.
13B14. INTERACTIVE GAMING OPERATORS.
13B15. INTERACTIVE GAMING CERTIFICATE AND LICENSE.
13B16. TIMING OF INITIAL INTERACTIVE GAMING AUTHORIZATIONS.
§ 13B11. AUTHORIZATION TO CONDUCT INTERACTIVE GAMING.
(A) AUTHORITY OF BOARD.--
(1) THE BOARD MAY AUTHORIZE A SLOT MACHINE LICENSEE:
(I) TO CONDUCT INTERACTIVE GAMING, INCLUDING
CONTESTS AND TOURNAMENTS AND ANY OTHER GAME WHICH IS
DETERMINED BY THE BOARD TO BE SUITABLE FOR INTERACTIVE
GAMING.
(II) TO DEPLOY INTERACTIVE GAMING SKINS OR INTERNET
WEBSITES TO FACILITATE THE CONDUCT OF INTERACTIVE GAMING
ACTIVITIES.
(2) EXCEPT AS PROVIDED IN THIS PART, ALL INDIVIDUALS
PLAYING AUTHORIZED INTERACTIVE GAMES MUST BE PHYSICALLY
LOCATED WITHIN THIS COMMONWEALTH OR WITHIN A STATE OR
JURISDICTION IN WHICH THE BOARD HAS ENTERED AN INTERACTIVE
GAMING RECIPROCAL AGREEMENT. NO INDIVIDUAL UNDER 21 YEARS OF
AGE SHALL OPEN, MAINTAIN, USE OR HAVE ACCESS TO AN
INTERACTIVE GAMING ACCOUNT.
(B) AUTHORITY TO PLAY INTERACTIVE GAMES.--NOTWITHSTANDING
ANY OTHER PROVISION OF LAW, AN INDIVIDUAL WHO IS 21 YEARS OF AGE
OR OLDER IS HEREBY PERMITTED TO PARTICIPATE AS A REGISTERED
PLAYER IN INTERACTIVE GAMING AND WAGERING ASSOCIATED WITH
PLAYING AN AUTHORIZED INTERACTIVE GAME OFFERED BY AN INTERACTIVE
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GAMING CERTIFICATE HOLDER IN ACCORDANCE WITH REGULATIONS OF THE
BOARD.
§ 13B12. INTERACTIVE GAMING CERTIFICATE REQUIRED AND CONTENT OF
PETITION.
(A) CERTIFICATE REQUIRED.--NO SLOT MACHINE LICENSEE OR ANY
OTHER PERSON ASSOCIATED WITH OR REPRESENTING A SLOT MACHINE
LICENSEE SHALL OPERATE OR CONDUCT OR ATTEMPT TO OPERATE OR
CONDUCT INTERACTIVE GAMING, EXCEPT FOR TEST PURPOSES OR OPEN
INTERACTIVE GAMING TO THE PUBLIC IN THIS COMMONWEALTH WITHOUT
FIRST OBTAINING AN INTERACTIVE GAMING CERTIFICATE FROM THE
BOARD. A SLOT MACHINE LICENSEE MAY SEEK APPROVAL TO CONDUCT
INTERACTIVE GAMING BY FILING A PETITION FOR AN INTERACTIVE
GAMING CERTIFICATE WITH THE BOARD. THE BOARD SHALL PRESCRIBE THE
FORM AND MANNER TO GOVERN THE SUBMISSION OF A PETITION FOR AN
INTERACTIVE GAMING CERTIFICATE. NOT MORE THAN ONE INTERACTIVE
GAMING CERTIFICATE SHALL BE ISSUED TO OPERATE INTERACTIVE GAMING
WITHIN A LICENSED FACILITY IN THIS COMMONWEALTH.
(B) CONTENT OF PETITION.--IN ADDITION TO INFORMATION AND
DOCUMENTATION DEMONSTRATING THAT THE SLOT MACHINE LICENSEE IS
QUALIFIED FOR AN INTERACTIVE GAMING CERTIFICATE UNDER THIS
CHAPTER, A PETITION SEEKING BOARD APPROVAL TO CONDUCT
INTERACTIVE GAMING WITHIN THIS COMMONWEALTH SHALL INCLUDE THE
FOLLOWING:
(1) THE NAME, BUSINESS ADDRESS AND CONTACT INFORMATION
OF THE SLOT MACHINE LICENSEE.
(2) THE NAME, BUSINESS ADDRESS AND CONTACT INFORMATION
OF ANY INTERACTIVE GAMING AFFILIATE, INTERACTIVE GAMING
OPERATOR OR OTHER PERSON THAT WILL BE A PARTY TO AN AGREEMENT
RELATED TO THE OPERATION OF INTERACTIVE GAMING OR AN
INTERACTIVE GAMING SYSTEM ON BEHALF OF A SLOT MACHINE
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LICENSEE.
(3) THE NAME AND BUSINESS ADDRESS, JOB TITLE AND A
PHOTOGRAPH OF EACH PRINCIPAL AND KEY EMPLOYEE OF THE SLOT
MACHINE LICENSEE WHO WILL BE INVOLVED IN THE CONDUCT OF
INTERACTIVE GAMING AND WHO IS NOT CURRENTLY LICENSED BY THE
BOARD, IF KNOWN.
(4) THE NAME AND BUSINESS ADDRESS, JOB TITLE AND A
PHOTOGRAPH OF EACH PRINCIPAL AND KEY EMPLOYEE OF THE SLOT
MACHINE LICENSEE, INTERACTIVE GAMING AFFILIATE OR INTERACTIVE
GAMING OPERATOR WHO WILL BE INVOLVED IN THE CONDUCT OF
INTERACTIVE GAMING AND WHO IS CURRENTLY LICENSED BY THE
BOARD.
(5) AN ITEMIZED LIST OF THE INTERACTIVE GAMES AND ANY
OTHER GAME OR GAMES THE SLOT MACHINE LICENSEE PLANS TO OFFER
OVER THE INTERNET FOR WHICH AUTHORIZATION IS BEING SOUGHT.
THE SLOT MACHINE LICENSEE SHALL, IN ACCORDANCE WITH
REGULATIONS PROMULGATED BY THE BOARD, FILE ANY CHANGES IN THE
NUMBER OF AUTHORIZED INTERACTIVE GAMES OFFERED THROUGH
INTERACTIVE GAMING WITH THE BOARD.
(6) THE ESTIMATED NUMBER OF FULL-TIME AND PART-TIME
EMPLOYMENT POSITIONS THAT WILL BE CREATED AT THE LICENSED
FACILITY IF INTERACTIVE GAMING IS AUTHORIZED AND AN UPDATED
HIRING PLAN UNDER SECTION 1510(A) (RELATING TO LABOR HIRING
PREFERENCES) WHICH OUTLINES THE SLOT MACHINE LICENSEE'S PLAN
TO PROMOTE THE REPRESENTATION OF DIVERSE GROUPS AND
COMMONWEALTH RESIDENTS IN THE EMPLOYMENT POSITIONS.
(7) A BRIEF DESCRIPTION OF THE ECONOMIC BENEFITS
EXPECTED TO BE REALIZED BY THE COMMONWEALTH, ITS
MUNICIPALITIES AND ITS RESIDENTS IF INTERACTIVE GAMING IS
AUTHORIZED.
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(8) THE DETAILS OF ANY FINANCING OBTAINED OR THAT WILL
BE OBTAINED TO FUND AN EXPANSION OR MODIFICATION OF THE
LICENSED FACILITY TO ACCOMMODATE INTERACTIVE GAMING AND TO
OTHERWISE FUND THE COST OF COMMENCING INTERACTIVE GAMING.
(9) INFORMATION AND DOCUMENTATION CONCERNING FINANCIAL
BACKGROUND AND RESOURCES, AS THE BOARD MAY REQUIRE, TO
ESTABLISH BY CLEAR AND CONVINCING EVIDENCE THE FINANCIAL
STABILITY, INTEGRITY AND RESPONSIBILITY OF THE SLOT MACHINE
LICENSEE, AND INFORMATION OR DOCUMENTATION CONCERNING ANY
INTERACTIVE GAMING AFFILIATE OR INTERACTIVE GAMING OPERATOR
THAT WILL OPERATE INTERACTIVE GAMING OR AN INTERACTIVE GAMING
SYSTEM ON BEHALF OF THE SLOT MACHINE LICENSEE, AS THE BOARD
MAY REQUIRE.
(10) INFORMATION AND DOCUMENTATION, AS THE BOARD MAY
REQUIRE, TO ESTABLISH BY CLEAR AND CONVINCING EVIDENCE THAT
THE SLOT MACHINE LICENSEE HAS SUFFICIENT BUSINESS ABILITY AND
EXPERIENCE TO CONDUCT A SUCCESSFUL INTERACTIVE GAMING
OPERATION. IN MAKING THIS DETERMINATION, THE BOARD MAY
CONSIDER THE RESULTS OF THE SLOT MACHINE LICENSEE'S SLOT
MACHINE AND TABLE GAME OPERATIONS, INCLUDING FINANCIAL
INFORMATION, EMPLOYMENT DATA AND CAPITAL INVESTMENT.
(11) INFORMATION AND DOCUMENTATION, AS THE BOARD MAY
REQUIRE, TO ESTABLISH BY CLEAR AND CONVINCING EVIDENCE THAT
THE SLOT MACHINE LICENSEE HAS OR WILL HAVE THE FINANCIAL
ABILITY TO PAY THE INTERACTIVE GAMING AUTHORIZATION FEE.
(12) DETAILED SITE PLANS IDENTIFYING THE PROPOSED
INTERACTIVE GAMING RESTRICTED AREA WHERE INTERACTIVE GAMING
OPERATIONS WILL BE MANAGED OR ADMINISTERED AS APPROVED BY THE
BOARD.
(13) A DETAILED DESCRIPTION OF ALL OF THE FOLLOWING:
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(I) THE SLOT MACHINE LICENSEE'S INITIAL SYSTEM OF
INTERNAL AND ACCOUNTING CONTROLS APPLICABLE TO
INTERACTIVE GAMING.
(II) THE SLOT MACHINE LICENSEE'S PROPOSED STANDARDS
TO PROTECT, WITH A REASONABLE DEGREE OF CERTAINTY, THE
PRIVACY AND SECURITY OF ITS REGISTERED PLAYERS.
(III) HOW THE SLOT MACHINE LICENSEE WILL FACILITATE
COMPLIANCE WITH ALL OF THE REQUIREMENTS SET FORTH IN THIS
CHAPTER AND IN SECTION 802(A) OF THE UNLAWFUL INTERNET
GAMBLING ENFORCEMENT ACT OF 2006 (PUBLIC LAW 109-347, 31
U.S.C. § 5362(10)(B)), INCLUDING, BUT NOT LIMITED TO, ALL
OF THE FOLLOWING:
(A) AGE, IDENTITY AND LOCATION VERIFICATION
REQUIREMENTS DESIGNED TO BLOCK ACCESS TO INDIVIDUALS
UNDER 21 YEARS OF AGE.
(B) APPROPRIATE DATA SECURITY STANDARDS TO
PREVENT UNAUTHORIZED ACCESS BY ANY PERSON WHOSE AGE,
IDENTITY AND LOCATION HAVE NOT BEEN VERIFIED OR WHOSE
AGE, IDENTITY AND LOCATION CANNOT BE VERIFIED IN
ACCORDANCE WITH THIS CHAPTER AND APPLICABLE
REGULATIONS OF THE BOARD.
(C) EXCEPT AS PROVIDED IN THIS CHAPTER, THE
REQUIREMENT THAT ALL WAGERS MADE IN THE CONDUCT OF
INTERACTIVE GAMING BE INITIATED AND RECEIVED OR
OTHERWISE MADE EXCLUSIVELY WITHIN THIS COMMONWEALTH.
(IV) THE SLOT MACHINE LICENSEE'S PROPOSED AGE,
IDENTITY AND LOCATION VERIFICATION STANDARDS DESIGNED TO
BLOCK ACCESS TO PERSONS UNDER 21 YEARS OF AGE AND PERSONS
EXCLUDED OR PROHIBITED FROM PARTICIPATING IN INTERACTIVE
GAMING UNDER THIS CHAPTER.
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(V) THE PROCEDURES THE SLOT MACHINE LICENSEE WILL
USE TO REGISTER INDIVIDUALS WHO WISH TO PARTICIPATE IN
INTERACTIVE GAMING.
(VI) THE PROCEDURES THE SLOT MACHINE LICENSEE WILL
USE TO ESTABLISH INTERACTIVE GAMING ACCOUNTS FOR
REGISTERED PLAYERS.
(VII) THE INTERACTIVE GAMES AND SERVICES THE SLOT
MACHINE LICENSEE PROPOSES TO OFFER TO REGISTERED PLAYERS.
(VIII) DOCUMENTATION AND INFORMATION RELATING TO ALL
PROPOSED SUBCONTRACTORS OF THE SLOT MACHINE LICENSEE,
INCLUDING, BUT NOT LIMITED TO, ALL OF THE FOLLOWING:
(A) A DESCRIPTION OF THE SERVICES TO BE PROVIDED
BY EACH SUBCONTRACTOR.
(B) INFORMATION ON THE EXPERIENCE AND
QUALIFICATIONS OF EACH SUBCONTRACTOR TO PROVIDE THE
SERVICES ANTICIPATED.
(C) THE NAMES OF ALL PROPOSED SUBCONTRACTORS,
OWNERS, EXECUTIVES AND EMPLOYEES THAT WILL BE
DIRECTLY OR INDIRECTLY INVOLVED IN THE SLOT MACHINE
LICENSEE'S INTERACTIVE GAMING OPERATIONS, AS WELL AS
SUFFICIENT PERSONAL IDENTIFYING INFORMATION ON EACH
SUCH PERSON TO CONDUCT BACKGROUND CHECKS AS MAY BE
REQUIRED BY THE BOARD.
(14) THE INTERACTIVE GAMING DEVICES AND ASSOCIATED
EQUIPMENT, INCLUDING THE INTERACTIVE GAMING NETWORK,
INTERACTIVE GAMING SYSTEM OR SYSTEMS, THAT THE SLOT MACHINE
LICENSEE PLANS TO OR WILL UTILIZE TO MANAGE, ADMINISTER OR
CONTROL ITS INTERACTIVE GAMING OPERATIONS.
(15) COMPLIANCE CERTIFICATION OF ITS INTERACTIVE GAMING
DEVICES AND ASSOCIATED EQUIPMENT, INCLUDING INTERACTIVE
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GAMING SOFTWARE AND HARDWARE, BY A BOARD-APPROVED GAMING
LABORATORY TO ENSURE THAT THE GAMING SOFTWARE AND HARDWARE
COMPLY WITH THE REQUIREMENTS OF THIS CHAPTER AND REGULATIONS
OF THE BOARD.
(16) DETAILED DESCRIPTION OF ACCOUNTING SYSTEMS,
INCLUDING, BUT NOT LIMITED TO, ACCOUNTING SYSTEMS FOR ALL OF
THE FOLLOWING:
(I) INTERACTIVE GAMING ACCOUNTS.
(II) PER-HAND CHARGES, IF APPLICABLE.
(III) TRANSPARENCY AND REPORTING TO THE BOARD AND
THE DEPARTMENT.
(IV) DISTRIBUTION OF REVENUE TO THE COMMONWEALTH AND
WINNINGS TO REGISTERED PLAYERS.
(V) ONGOING AUDITING AND INTERNAL CONTROL COMPLIANCE
REVIEWS.
(17) DETAILED INFORMATION ON SECURITY SYSTEMS AT THE
LICENSED FACILITY TO PROTECT THE INTERACTIVE GAMING SKINS OR
INTERNET WEBSITE FROM INTERNAL AND EXTERNAL BREACHES AND
THREATS.
(18) ANY OTHER INFORMATION THE BOARD MAY REQUIRE.
(C) CONFIDENTIALITY.--INFORMATION SUBMITTED TO THE BOARD
UNDER SUBSECTION (B) MAY BE CONSIDERED CONFIDENTIAL BY THE BOARD
IF THE INFORMATION WOULD BE CONFIDENTIAL UNDER SECTION 1206(F)
(RELATING TO BOARD MINUTES AND RECORDS).
§ 13B13. ISSUANCE OF INTERACTIVE GAMING CERTIFICATE.
(A) REQUIREMENTS FOR APPROVAL OF PETITION.--
(1) THE BOARD MAY APPROVE A PETITION UNDER SECTION 13B12
(RELATING TO INTERACTIVE GAMING CERTIFICATE REQUIRED AND
CONTENT OF PETITION) UPON FINDING CLEAR AND CONVINCING
EVIDENCE OF ALL OF THE FOLLOWING:
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(I) THE SLOT MACHINE LICENSEE'S CONDUCT OF
INTERACTIVE GAMING COMPLIES IN ALL RESPECTS WITH THE
REQUIREMENTS OF THIS CHAPTER AND REGULATIONS PROMULGATED
BY THE BOARD.
(II) AGE, IDENTITY AND LOCATION VERIFICATION
REQUIREMENTS DESIGNED TO BLOCK ACCESS TO INDIVIDUALS
UNDER 21 YEARS OF AGE AND PERSONS OTHERWISE PROHIBITED
FROM ENGAGING IN INTERACTIVE GAMING IN ACCORDANCE WITH
THIS CHAPTER, AS APPROVED BY THE BOARD, HAVE BEEN
IMPLEMENTED BY THE SLOT MACHINE LICENSEE.
(III) THE SLOT MACHINE LICENSEE HAS IMPLEMENTED OR
WILL IMPLEMENT APPROPRIATE DATA SECURITY STANDARDS TO
PREVENT UNAUTHORIZED ACCESS BY ANY PERSON WHOSE AGE,
IDENTITY AND LOCATION HAS NOT BEEN VERIFIED OR CANNOT BE
VERIFIED IN ACCORDANCE WITH THE REGULATIONS PROMULGATED
AND ADOPTED BY THE BOARD.
(IV) THE SLOT MACHINE LICENSEE HAS IMPLEMENTED OR
WILL IMPLEMENT APPROPRIATE STANDARDS TO PROTECT THE
PRIVACY AND SECURITY OF REGISTERED PLAYERS.
(V) THE SLOT MACHINE LICENSEE'S INITIAL SYSTEM OF
INTERNAL AND ACCOUNTING CONTROLS APPLICABLE TO
INTERACTIVE GAMING, AND THE SECURITY AND INTEGRITY OF ALL
FINANCIAL TRANSACTIONS IN CONNECTION WITH THE SYSTEM,
COMPLIES WITH THIS CHAPTER AND REGULATIONS PROMULGATED
AND ADOPTED BY THE BOARD.
(VI) THE SLOT MACHINE LICENSEE IS IN GOOD STANDING
WITH THE BOARD.
(VII) THE SLOT MACHINE LICENSEE AGREES THAT THE
NUMBER OF SLOT MACHINES AND TABLE GAMES IN OPERATION AT
ITS LICENSED FACILITY, AS OF THE EFFECTIVE DATE OF THIS
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SECTION, WILL NOT BE REDUCED AS A RESULT OF THE
AUTHORIZATION AND COMMENCEMENT OF INTERACTIVE GAMING.
(2) IT SHALL BE AN EXPRESS CONDITION OF ANY INTERACTIVE
GAMING CERTIFICATE THAT A SLOT MACHINE LICENSEE SHALL
COLLECT, REPORT AND PAY ALL APPLICABLE TAXES AND FEES AND
SHALL MAINTAIN ALL BOOKS, RECORDS AND DOCUMENTS PERTAINING TO
THE SLOT MACHINE LICENSEE'S INTERACTIVE GAMING OPERATIONS IN
A MANNER AND LOCATION WITHIN THIS COMMONWEALTH AS APPROVED BY
THE BOARD. ALL BOOKS, RECORDS AND DOCUMENTS SHALL BE
IMMEDIATELY AVAILABLE FOR INSPECTION BY THE BOARD AND THE
DEPARTMENT DURING ALL HOURS OF OPERATION IN ACCORDANCE WITH
THE REGULATIONS OF THE BOARD AND SHALL BE MAINTAINED IN A
MANNER AND DURING PERIODS OF TIME AS THE BOARD SHALL REQUIRE.
(B) ISSUANCE OF INTERACTIVE GAMING CERTIFICATE.--
(1) UPON APPROVAL OF A PETITION FOR AN INTERACTIVE
GAMING CERTIFICATE, THE BOARD SHALL ISSUE AN INTERACTIVE
GAMING CERTIFICATE TO THE SLOT MACHINE LICENSEE. THE ISSUANCE
OF AN INTERACTIVE GAMING CERTIFICATE PRIOR TO THE FULL
PAYMENT OF THE AUTHORIZATION FEE REQUIRED UNDER SECTION 13B51
(RELATING TO INTERACTIVE GAMING AUTHORIZATION FEE) SHALL NOT
RELIEVE THE SLOT MACHINE LICENSEE FROM THE OBLIGATION TO PAY
THE AUTHORIZATION FEE IN ACCORDANCE WITH THE REQUIREMENTS OF
SECTION 13B51.
(2) UPON ISSUING AN INTERACTIVE GAMING CERTIFICATE, THE
BOARD SHALL AMEND THE SLOT MACHINE LICENSEE'S STATEMENT OF
CONDITIONS TO INCLUDE CONDITIONS PERTAINING TO THE
REQUIREMENTS OF THIS CHAPTER.
(C) TERM OF INTERACTIVE GAMING CERTIFICATE.--SUBJECT TO THE
POWER OF THE BOARD TO DENY, REVOKE OR SUSPEND AN INTERACTIVE
GAMING CERTIFICATE ISSUED IN ACCORDANCE WITH THE REQUIREMENTS OF
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THIS SECTION, AN INTERACTIVE GAMING CERTIFICATE SHALL BE RENEWED
EVERY FIVE YEARS AND SHALL BE SUBJECT TO THE REQUIREMENTS OF
SECTION 1326 (RELATING TO RENEWALS).
(D) SANCTIONS.--A SLOT MACHINE LICENSEE THAT FAILS TO ABIDE
BY THE REQUIREMENTS OF THIS CHAPTER OR ANY CONDITION CONTAINED
IN THE SLOT MACHINE LICENSEE'S STATEMENT OF CONDITIONS GOVERNING
THE OPERATION OF INTERACTIVE GAMING SHALL BE SUBJECT TO BOARD-
IMPOSED ADMINISTRATIVE SANCTIONS OR OTHER PENALTIES AUTHORIZED
UNDER THIS PART. THE IMPOSITION OF ADMINISTRATIVE SANCTIONS IN
ACCORDANCE WITH THIS SUBSECTION SHALL APPLY TO ANY INTERACTIVE
GAMING OPERATOR THAT FAILS TO ABIDE BY THE REQUIREMENTS OF THIS
CHAPTER AND REGULATIONS OF THE BOARD.
(E) BACKGROUND INVESTIGATIONS.--EACH PETITION FOR AN
INTERACTIVE GAMING CERTIFICATE SHALL BE ACCOMPANIED BY A
NONREFUNDABLE FEE ESTABLISHED BY THE BOARD TO COVER THE COST OF
BACKGROUND INVESTIGATIONS. THE BOARD SHALL DETERMINE BY
REGULATION THE PERSONS INVOLVED, DIRECTLY OR INDIRECTLY, IN A
SLOT MACHINE LICENSEE'S INTERACTIVE GAMING OPERATIONS AND
PERSONS INVOLVED IN THE OPERATIONS OF AN INTERACTIVE GAMING
AFFILIATE AND INTERACTIVE GAMING OPERATOR WHO SHALL BE SUBJECT
TO BACKGROUND INVESTIGATION. THE REASONABLE AND NECESSARY COSTS
AND EXPENSES INCURRED IN ANY BACKGROUND INVESTIGATION OR OTHER
INVESTIGATION OR PROCEEDING UNDER THIS CHAPTER SHALL BE
REIMBURSED TO THE BOARD.
§ 13B14. INTERACTIVE GAMING OPERATORS.
(A) LICENSE REQUIRED.--NO PERSON SHALL SERVE OR ATTEMPT TO
SERVE AS AN INTERACTIVE GAMING OPERATOR WITHOUT FIRST OBTAINING
AN INTERACTIVE GAMING LICENSE FROM THE BOARD. A PERSON MAY SEEK
APPROVAL TO SERVE AS AN INTERACTIVE GAMING OPERATOR BY FILING AN
APPLICATION WITH THE BOARD. THE BOARD SHALL PRESCRIBE THE FORM
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AND MANNER TO GOVERN THE SUBMISSION OF AN APPLICATION FOR AN
INTERACTIVE GAMING LICENSE. THE BOARD SHALL PROVIDE FOR THE
LICENSURE OF INTERACTIVE GAMING OPERATORS THAT OPERATE
INTERACTIVE GAMING OR AN INTERACTIVE GAMING SYSTEM ON BEHALF OF
AN INTERACTIVE GAMING CERTIFICATE HOLDER. THE BOARD SHALL:
(1) DETERMINE SUITABILITY AND PROVIDE FOR THE LICENSURE,
PERMITTING, REGISTRATION OR CERTIFICATION, AS IT DEEMS
APPROPRIATE, OF INTERACTIVE GAMING OPERATORS OR OTHER PERSONS
DIRECTLY INVOLVED IN THE OPERATION OF INTERACTIVE GAMING OR
AN INTERACTIVE GAMING SYSTEM ON BEHALF OF A SLOT MACHINE
LICENSEE. THE BOARD SHALL DETERMINE SUITABILITY IN ACCORDANCE
WITH THE APPLICABLE REQUIREMENTS OF THIS PART, PROVIDED THAT
THE BOARD MAY EXTEND SUITABILITY TO A HOLDER OF A VALID
LICENSE, PERMIT, REGISTRATION, CERTIFICATE OR OTHER
AUTHORIZATIONS APPROVED AND ISSUED UNDER THIS PART, WHICH IS
IN GOOD STANDING, WITHOUT ADDITIONAL INVESTIGATION.
(2) PROVIDE FOR THE APPROVAL OF THE TERMS AND CONDITIONS
OF ALL AGREEMENTS ENTERED INTO BY OR BETWEEN AN INTERACTIVE
GAMING CERTIFICATE HOLDER AND AN INTERACTIVE GAMING OPERATOR
OR ANY OTHER PERSON RELATED TO THE OPERATION OF INTERACTIVE
GAMES OR AN INTERACTIVE GAMING SYSTEM ON BEHALF OF THE
INTERACTIVE GAMING CERTIFICATE HOLDER.
(B) CLASSIFICATION AND APPROVAL OF EMPLOYEES.--
(1) THE BOARD SHALL ESTABLISH A CLASSIFICATION SYSTEM
FOR EMPLOYEES OF INTERACTIVE GAMING OPERATORS OR OTHER
PERSONS WHO PROVIDE PRODUCTS OR SERVICES ASSOCIATED WITH OR
RELATED TO INTERACTIVE GAMING, INTERACTIVE GAMING PLATFORMS
AND INTERACTIVE GAMING SYSTEMS.
(2) THE BOARD SHALL PROVIDE FOR THE LICENSURE,
PERMITTING, REGISTRATION OR CERTIFICATION, AS IT DEEMS
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APPROPRIATE, OF EMPLOYEES IN EACH EMPLOYEE CLASSIFICATION
ESTABLISHED BY IT IN ACCORDANCE WITH PARAGRAPH (1).
(C) APPLICABILITY OF CERTAIN PROVISIONS.--INTERACTIVE GAMING
OPERATORS SHALL BE SUBJECT TO THE APPLICABLE PROVISIONS OF THIS
PART THAT APPLY TO INTERACTIVE GAMING CERTIFICATE HOLDERS.
(D) OPERATORS OWNED, CONTROLLED BY SLOT MACHINE LICENSEE.--
THIS SECTION SHALL NOT APPLY TO AN INTERACTIVE GAMING OPERATOR
THAT IS OWNED OR OTHERWISE CONTROLLED BY A SLOT MACHINE LICENSEE
THAT HAS BEEN APPROVED FOR AND ISSUED AN INTERACTIVE GAMING
CERTIFICATE UNDER THIS CHAPTER.
(E) INTERACTIVE GAMING LICENSE AND CONDITIONAL
AUTHORIZATION.--
(1) THE FOLLOWING SHALL APPLY:
(I) DURING THE FIRST 18 MONTHS AFTER THE EFFECTIVE
DATE OF THIS SECTION, THE BOARD MAY ISSUE CONDITIONAL
AUTHORIZATIONS TO PERSONS SEEKING LICENSURE AS
INTERACTIVE GAMING OPERATORS.
(II) CONDITIONAL AUTHORIZATION AWARDED TO AN
INTERACTIVE GAMING OPERATOR MAY REMAIN IN EFFECT UNTIL
THE SHORTER OF 12 MONTHS AFTER THE DATE OF ISSUE OR THE
DATE BY WHICH THE BOARD CONSIDERS THE SUBJECT
APPLICATION.
(III) CONDITIONAL AUTHORIZATION MAY BE RENEWED BY
THE BOARD NOT MORE THAN ONCE, UPON A SHOWING OF GOOD
CAUSE.
(IV) CONDITIONAL AUTHORIZATION SHALL ALLOW AN
APPLICANT FOR AN INTERACTIVE GAMING LICENSE TO ENGAGE IN
ALL OF THE FUNCTIONS OF A LICENSED INTERACTIVE GAMING
OPERATOR FOR THE DURATION OF THE CONDITIONAL
AUTHORIZATION.
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(2) NO CONDITIONAL AUTHORIZATION MAY BE ISSUED UNLESS:
(I) THE APPLICANT HAS SUBMITTED A COMPLETE
APPLICATION FOR AN INTERACTIVE GAMING LICENSE TO THE
BOARD.
(II) THE APPLICANT AGREES TO PAY OR HAS PAID THE FEE
PRESCRIBED IN SECTION 13B51 (RELATING TO INTERACTIVE
GAMING AUTHORIZATION FEE) PRIOR TO THE ISSUANCE OF THE
TEMPORARY AUTHORIZATION, WHICH MAY BE REFUNDABLE IN THE
EVENT THE LICENSE IS NOT APPROVED AND ISSUED BY THE
BOARD.
(III) THE BUREAU HAS NO OBJECTION TO THE ISSUANCE OF
A CONDITIONAL AUTHORIZATION TO THE APPLICANT.
(3) WITHIN 45 DAYS OF THE DATE THAT THE BUREAU RECEIVES
THE COMPLETED APPLICATION FOR AN INTERACTIVE GAMING LICENSE
FROM AN APPLICANT FOR INVESTIGATION, THE BUREAU SHALL CONDUCT
A PRELIMINARY INVESTIGATION OF THE APPLICANT AND ANY KEY
INTERACTIVE GAMING EMPLOYEE OF THE APPLICANT, AS DETERMINED
BY THE BOARD, WHICH SHALL INCLUDE A CRIMINAL BACKGROUND
INVESTIGATION OF THE APPLICANT AND ANY INTERACTIVE GAMING
EMPLOYEES OF THE APPLICANT, AS DETERMINED BY THE BOARD AND
UNDER SECTION 1202(B) (RELATING TO GENERAL AND SPECIFIC
POWERS).
(4) IF THE BUREAU'S PRELIMINARY INVESTIGATION DISCLOSES
NO ADVERSE INFORMATION THAT WOULD IMPACT SUITABILITY FOR
LICENSURE, THE BUREAU SHALL PROVIDE THE BOARD WITH A
STATEMENT OF NO OBJECTION TO ISSUANCE OF CONDITIONAL
AUTHORIZATION TO THE APPLICANT.
(5) IF THE BUREAU'S PRELIMINARY INVESTIGATION DISCLOSES
ADVERSE INFORMATION THAT WOULD IMPACT SUITABILITY FOR
LICENSURE, IT SHALL REGISTER AN OBJECTION AND NO CONDITIONAL
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AUTHORIZATION MAY BE ISSUED UNTIL THE BUREAU'S CONCERNS ARE
RESOLVED.
(6) ANY CONDITIONAL AUTHORIZATION APPROVED AND ISSUED TO
AN APPLICANT FOR AN INTERACTIVE GAMING LICENSE UNDER THIS
SUBSECTION MAY BE SUSPENDED OR WITHDRAWN BY THE BOARD UPON A
SHOWING OF GOOD CAUSE BY THE BUREAU.
§ 13B15. INTERACTIVE GAMING CERTIFICATE AND LICENSE.
THE FOLLOWING SHALL APPLY:
(1) AN INTERACTIVE GAMING CERTIFICATE AND INTERACTIVE
GAMING LICENSE SHALL BE IN EFFECT UNLESS:
(I) THE CERTIFICATE OR LICENSE IS SUSPENDED OR
REVOKED BY THE BOARD CONSISTENT WITH THE REQUIREMENTS OF
THIS PART.
(II) THE SLOT MACHINE LICENSE IS SUSPENDED, REVOKED
OR NOT RENEWED BY THE BOARD CONSISTENT WITH THE
REQUIREMENTS OF THIS PART.
(III) THE SLOT MACHINE LICENSEE RELINQUISHES OR DOES
NOT SEEK RENEWAL OF ITS SLOT MACHINE LICENSE.
(IV) THE SLOT MACHINE LICENSEE DOES NOT SEEK RENEWAL
OF ITS INTERACTIVE GAMING CERTIFICATE.
(2) THE INTERACTIVE GAMING CERTIFICATE MAY INCLUDE AN
INITIAL ITEMIZED LIST BY NUMBER AND TYPE OF AUTHORIZED
INTERACTIVE GAMES FOR INTERACTIVE GAMING TO BE CONDUCTED BY
THE INTERACTIVE GAMING CERTIFICATE HOLDER OR INTERACTIVE
GAMING OPERATOR OR OTHER PERSON ON BEHALF OF AN INTERACTIVE
GAMING CERTIFICATE HOLDER. THE SLOT MACHINE LICENSEE MAY
INCREASE OR DECREASE THE NUMBER OF INTERACTIVE GAMES
AUTHORIZED FOR PLAY ON ITS INTERACTIVE GAMING SKIN OR
INTERNET WEBSITE OR CHANGE THE TYPE OF AUTHORIZED INTERACTIVE
GAMES PLAYED ON ITS INTERACTIVE GAMING SKIN OR INTERNET
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WEBSITE UPON NOTICE, IF REQUIRED BY THE BOARD, TO THE BOARD
AND APPROVAL BY THE BOARD OR A DESIGNATED EMPLOYEE OF THE
BOARD. UNLESS APPROVED BY THE BOARD OR A DESIGNATED EMPLOYEE
OF THE BOARD, THE TOTAL NUMBER AND TYPE OF AUTHORIZED
INTERACTIVE GAMES OFFERED FOR PLAY BY AN INTERACTIVE GAMING
CERTIFICATE HOLDER MAY NOT DIFFER FROM THE NUMBER AND TYPE
APPROVED BY THE BOARD AND AUTHORIZED IN THE INTERACTIVE
GAMING CERTIFICATE.
(3) A SLOT MACHINE LICENSEE SHALL BE REQUIRED TO UPDATE
THE INFORMATION IN ITS INITIAL INTERACTIVE GAMING PETITION AT
TIMES AND IN THE FORM AND MANNER AS PRESCRIBED BY THE BOARD.
§ 13B16. TIMING OF INITIAL INTERACTIVE GAMING AUTHORIZATIONS.
THE BOARD SHALL PRESCRIBE THE DATE ON WHICH PETITIONS FOR AN
INTERACTIVE GAMING CERTIFICATE MUST BE FILED WITH THE BOARD AND
SHALL APPROVE OR DENY A PETITION WITHIN 90 DAYS FOLLOWING
RECEIPT.
SUBCHAPTER C
CONDUCT OF INTERACTIVE GAMING
SEC.
13B21. SITUS OF INTERACTIVE GAMING OPERATIONS.
13B22. ESTABLISHMENT OF INTERACTIVE GAMING ACCOUNTS.
13B23. INTERACTIVE GAMING ACCOUNT CREDITS, DEBITS, DEPOSITS AND
PAYMENTS.
13B24. ACCEPTANCE OF ACCOUNT WAGERS.
13B25. DORMANT INTERACTIVE GAMING ACCOUNTS.
13B26. LOG-IN PROCEDURE REQUIRED.
13B27. INFORMATION PROVIDED AT LOGIN.
13B28. PROHIBITIONS.
13B29. COMMENCEMENT OF INTERACTIVE GAMING OPERATIONS.
§ 13B21. SITUS OF INTERACTIVE GAMING OPERATIONS.
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EXCEPT AS PROVIDED IN THIS CHAPTER, ALL WAGERS MADE THROUGH
INTERACTIVE GAMING SHALL BE DEEMED TO BE INITIATED, RECEIVED OR
OTHERWISE MADE WITHIN THE GEOGRAPHIC BOUNDARIES OF THIS
COMMONWEALTH. THE INTERMEDIATE ROUTING OF ELECTRONIC DATA
ASSOCIATED OR IN CONNECTION WITH INTERACTIVE GAMING SHALL NOT
DETERMINE THE LOCATION OR LOCATIONS IN WHICH A BET OR WAGER IS
INITIATED, RECEIVED OR OTHERWISE MADE.
§ 13B22. ESTABLISHMENT OF INTERACTIVE GAMING ACCOUNTS.
(A) REGISTRATION RESTRICTIONS.--ONLY A NATURAL PERSON WHO
HAS FIRST ESTABLISHED AN INTERACTIVE GAMING ACCOUNT SHALL BE
PERMITTED TO PLAY AN AUTHORIZED INTERACTIVE GAME OR PLACE ANY
BET OR WAGER ASSOCIATED WITH AN AUTHORIZED INTERACTIVE GAME. AN
INTERACTIVE GAMING ACCOUNT SHALL BE IN THE NAME OF A NATURAL
PERSON AND MAY NOT BE IN THE NAME OF ANY BENEFICIARY, CUSTODIAN,
JOINT TRUST, CORPORATION, PARTNERSHIP OR OTHER ORGANIZATION OR
ENTITY. AN INTERACTIVE GAMING CERTIFICATE HOLDER SHALL NOT
PERMIT AN INDIVIDUAL TO ESTABLISH AN INTERACTIVE GAMING ACCOUNT
UNLESS THE PERSON IS 21 YEARS OF AGE OR OLDER.
(B) ESTABLISHMENT OF INTERACTIVE GAMING ACCOUNTS.--
(1) AN INTERACTIVE GAMING ACCOUNT MAY BE EXECUTED IN
PERSON, PROVIDED THAT THE BOARD SHALL, THROUGH REGULATIONS,
PROVIDE PROCEDURES FOR THE ESTABLISHMENT OF INTERACTIVE
GAMING ACCOUNTS OVER THE INTERNET. EACH INTERACTIVE GAMING
ACCOUNT SHALL COMPLY WITH THE INTERNAL CONTROLS OF THE
INTERACTIVE GAMING CERTIFICATE HOLDER THAT, AT A MINIMUM,
REQUIRE THE FOLLOWING:
(I) THE FILING AND EXECUTION OF AN INTERACTIVE
GAMING ACCOUNT APPLICATION, THE FORM OF WHICH HAS BEEN
PREAPPROVED BY THE BOARD.
(II) PROOF OF AGE, IDENTITY AND RESIDENCY AS
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DEMONSTRATED BY AT LEAST TWO FORMS OF IDENTIFICATION
APPROVED BY THE BOARD THROUGH REGULATION.
(III) PHYSICAL ADDRESS OR THE PRINCIPAL RESIDENCE OF
THE PROSPECTIVE ACCOUNT HOLDER, E-MAIL ADDRESS OF THE
PROSPECTIVE ACCOUNT HOLDER AND OTHER CONTACT INFORMATION,
AS THE BOARD OR INTERACTIVE GAMING CERTIFICATE HOLDER MAY
REQUIRE.
(IV) PASSWORD OR OTHER SECURED IDENTIFICATION
PROVIDED BY THE SLOT MACHINE LICENSEE TO ACCESS THE
INTERACTIVE GAMING ACCOUNT OR SOME OTHER MECHANISM
APPROVED BY THE BOARD TO AUTHENTICATE THE PLAYER AS THE
HOLDER TO THE INTERACTIVE GAMING ACCOUNT.
(V) AN ACKNOWLEDGMENT UNDER PENALTY OF PERJURY THAT
FALSE OR MISLEADING STATEMENTS MADE IN REGARD TO AN
APPLICATION FOR AN INTERACTIVE GAMING ACCOUNT MAY SUBJECT
THE APPLICANT TO CIVIL AND CRIMINAL PENALTIES.
(2) THE INTERACTIVE GAMING CERTIFICATE HOLDER MAY ACCEPT
OR REJECT AN APPLICATION AFTER RECEIPT AND REVIEW OF THE
APPLICATION AND PROOF OF AGE AND IDENTITY FOR COMPLIANCE WITH
THE PROVISIONS OF THIS CHAPTER. THE INTERACTIVE GAMING
CERTIFICATE HOLDER SHALL HAVE THE RIGHT, AT ANY TIME WITH OR
WITHOUT CAUSE, TO SUSPEND OR CLOSE ANY INTERACTIVE GAMING
ACCOUNT AT ITS SOLE DISCRETION.
(3) THE ADDRESS PROVIDED BY THE APPLICANT IN THE
APPLICATION FOR AN INTERACTIVE GAMING ACCOUNT SHALL BE DEEMED
THE PROPER ADDRESS FOR THE PURPOSES OF MAILING CHECKS,
ACCOUNT WITHDRAWALS, NOTICES AND OTHER MATERIALS.
(4) AN INTERACTIVE GAMING ACCOUNT SHALL NOT BE
ASSIGNABLE OR OTHERWISE TRANSFERABLE AND AN INTERACTIVE
GAMING CERTIFICATE HOLDER MAY, AT ANY TIME, DECLARE ALL OR
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ANY PART OF AN INTERACTIVE GAMING ACCOUNT TO BE CLOSED FOR
WAGERING.
(C) PASSWORD REQUIRED.--AS PART OF THE APPLICATION PROCESS,
THE INTERACTIVE GAMING CERTIFICATE HOLDER SHALL PROVIDE THE
PROSPECTIVE INTERACTIVE GAMING ACCOUNT HOLDER WITH A PASSWORD TO
ACCESS THE INTERACTIVE GAMING ACCOUNT OR SHALL ESTABLISH SOME
OTHER METHOD APPROVED BY THE BOARD TO AUTHENTICATE THE
INDIVIDUAL AS THE HOLDER OF THE INTERACTIVE GAMING ACCOUNT AND
ALLOW THE REGISTERED PLAYER ACCESS TO THE INTERACTIVE GAMING
ACCOUNT.
(D) GROUNDS FOR REJECTION.--ANY INDIVIDUAL WHO PROVIDES
FALSE OR MISLEADING INFORMATION IN THE APPLICATION FOR AN
INTERACTIVE GAMING ACCOUNT MAY BE SUBJECT TO REJECTION OF THE
APPLICATION OR CANCELLATION OF THE ACCOUNT BY THE INTERACTIVE
GAMING CERTIFICATE HOLDER.
(E) SUSPENSION OF INTERACTIVE GAMING ACCOUNT.--THE
INTERACTIVE GAMING CERTIFICATE HOLDER SHALL HAVE THE RIGHT TO
SUSPEND OR CLOSE ANY INTERACTIVE GAMING ACCOUNT AT ITS
DISCRETION.
(F) PERSONS PROHIBITED FROM ESTABLISHING OR MAINTAINING AN
INTERACTIVE GAMING ACCOUNT.--THE FOLLOWING PERSONS SHALL NOT BE
ENTITLED TO ESTABLISH OR MAINTAIN AN INTERACTIVE GAMING ACCOUNT:
(1) ANY PERSON UNDER 21 YEARS OF AGE.
(2) ANY PERSON ON THE LIST OF PERSONS WHO ARE OR WILL BE
EXCLUDED OR EJECTED FROM OR DENIED ACCESS TO ANY LICENSED
FACILITY UNDER SECTION 1514 (RELATING TO REGULATION REQUIRING
EXCLUSION, EJECTION OR DENIAL OF ACCESS OF CERTAIN PERSONS),
1515 (RELATING TO REPEAT OFFENDERS EXCLUDABLE FROM LICENSED
GAMING FACILITY) OR 1516 (RELATING TO LIST OF PERSONS SELF
EXCLUDED FROM GAMING ACTIVITIES).
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(3) ANY GAMING EMPLOYEE, KEY EMPLOYEE OR PRINCIPAL
EMPLOYEE OF A SLOT MACHINE LICENSEE AND ANY EMPLOYEE OR KEY
EMPLOYEE OF AN INTERACTIVE GAMING OPERATOR OR ANY OTHER
PERSON DIRECTLY INVOLVED IN THE OPERATION OF INTERACTIVE
GAMING OR AN INTERACTIVE GAMING SYSTEM ON BEHALF OF A SLOT
MACHINE LICENSEE.
§ 13B23. INTERACTIVE GAMING ACCOUNT CREDITS, DEBITS, DEPOSITS
AND PAYMENTS.
(A) DUTY OF BOARD.--THE BOARD SHALL, BY REGULATION, DEVELOP
PROCEDURES TO GOVERN CREDITS, DEBITS AND DEPOSITS TO INTERACTIVE
GAMING ACCOUNTS. NOTWITHSTANDING ANY PROVISION OF THIS PART TO
THE CONTRARY, ALL CREDITS, DEBITS AND DEPOSITS TO INTERACTIVE
GAMING ACCOUNTS SHALL BE MADE IN ACCORDANCE WITH REGULATIONS
PROMULGATED BY THE BOARD, IN CONSULTATION WITH THE DEPARTMENT,
AND ALL PAYMENTS OF WINNINGS SHALL BE MADE IN ACCORDANCE WITH
THE RULES OF EACH PARTICULAR AUTHORIZED INTERACTIVE GAME.
(B) RIGHTS OF INTERACTIVE GAMING CERTIFICATE HOLDER.--AN
INTERACTIVE GAMING CERTIFICATE HOLDER SHALL HAVE THE RIGHT TO:
(1) CREDIT AN INTERACTIVE GAMING ACCOUNT AS PART OF A
PROMOTION.
(2) REFUSE ALL OR PART OF ANY WAGER OR DEPOSIT TO THE
INTERACTIVE GAMING ACCOUNT OF A REGISTERED PLAYER.
(C) INTEREST PROHIBITED.--FUNDS DEPOSITED IN A REGISTERED
PLAYER'S INTERACTIVE GAMING ACCOUNT SHALL NOT BEAR INTEREST TO
THE ACCOUNT HOLDER.
§ 13B24. ACCEPTANCE OF ACCOUNT WAGERS.
(A) ACCEPTANCE.--A N INTERACTIVE GAMING CERTIFICATE HOLDER
MAY ACCEPT INTERACTIVE GAMING WAGERS OR BETS ONLY AS FOLLOWS:
(1) THE WAGER SHALL BE PLACED DIRECTLY WITH THE
INTERACTIVE GAMING CERTIFICATE HOLDER BY THE REGISTERED
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PLAYER, AFTER THE INTERACTIVE GAMING CERTIFICATE HOLDER HAS
VERIFIED THAT THE INDIVIDUAL SEEKING TO PLACE A WAGER OR BET
IS THE REGISTERED PLAYER.
(2) THE REGISTERED PLAYER PROVIDES THE SLOT MACHINE
LICENSEE WITH THE CORRECT PASSWORD OR OTHER AUTHENTICATION
INFORMATION FOR ACCESS TO THE INTERACTIVE GAMING ACCOUNT.
(B) NONACCEPTANCE.--A N INTERACTIVE GAMING CERTIFICATE HOLDER
MAY NOT ACCEPT AN ACCOUNT WAGER IN AN AMOUNT IN EXCESS OF FUNDS
ON DEPOSIT IN AN INTERACTIVE GAMING ACCOUNT OF THE REGISTERED
PLAYER PLACING THE BET OR WAGER. FUNDS ON DEPOSIT INCLUDE
AMOUNTS CREDITED TO AN ACCOUNT HOLDER'S INTERACTIVE GAMING
ACCOUNT IN ACCORDANCE WITH REGULATIONS OF THE BOARD AND ANY
FUNDS IN THE ACCOUNT AT THE TIME THE WAGER IS PLACED.
§ 13B25. DORMANT INTERACTIVE GAMING ACCOUNTS.
BEFORE CLOSING A DORMANT INTERACTIVE GAMING ACCOUNT, THE
INTERACTIVE GAMING CERTIFICATE HOLDER SHALL ATTEMPT TO CONTACT
THE INTERACTIVE GAMING ACCOUNT HOLDER BY MAIL AND PHONE OR E-
MAIL TO INFORM THE ACCOUNT HOLDER THAT THE INTERACTIVE GAMING
ACCOUNT IS INACTIVE AND MAY BE SUBJECT TO TERMINATION AT SUCH
TIME AND MANNER AS DETERMINED BY REGULATION OF THE BOARD.
§ 13B26. LOG-IN PROCEDURE REQUIRED.
EACH INTERACTIVE GAMING CERTIFICATE HOLDER SHALL ESTABLISH A
LOG-IN PROCEDURE FOR REGISTERED PLAYERS TO ACCESS INTERACTIVE
GAMING. THE LOG-IN PROCEDURE SHALL INCLUDE THE PROVISION OF THE
APPROPRIATE AUTHENTICATION INFORMATION BY THE REGISTERED PLAYER
FOR ACCESS TO THE INTERACTIVE GAMING ACCOUNT. THE INTERACTIVE
GAMING CERTIFICATE HOLDER SHALL NOT ALLOW A REGISTERED PLAYER TO
LOG IN AND ACCESS THE INTERACTIVE GAMING ACCOUNT UNLESS THE
CORRECT PASSWORD OR OTHER AUTHENTICATION INFORMATION IS
PROVIDED.
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§ 13B27. INFORMATION PROVIDED AT LOGIN.
THE INTERACTIVE GAMING CERTIFICATE HOLDER SHALL CONFIGURE ITS
INTERACTIVE GAMING SKIN TO INCLUDE A LINK THAT, UPON LOGIN, WILL
ALLOW A REGISTERED PLAYER TO ACCESS ALL OF THE FOLLOWING
INFORMATION:
(1) THE CURRENT AMOUNT OF FUNDS IN THE INTERACTIVE
GAMING ACCOUNT.
(2) THE WINS AND LOSSES SINCE THE INTERACTIVE GAMING
ACCOUNT WAS ESTABLISHED.
(3) THE WINS AND LOSSES AT THE BEGINNING OF THE CURRENT
GAMING SESSION AND THE WINS AND LOSSES AT THE END OF THE
CURRENT GAMING SESSION.
(4) THE COMPLETE TEXT IN SEARCHABLE FORMAT OF THE RULES
OF EACH AUTHORIZED INTERACTIVE GAME OFFERED BY THE
INTERACTIVE GAMING CERTIFICATE HOLDER AND ANY OTHER
INFORMATION AS THE BOARD MAY REQUIRE.
§ 13B28. PROHIBITIONS.
EXCEPT AS PROVIDED IN THIS PART, NO INTERACTIVE GAMING
CERTIFICATE HOLDER OR ANY PERSON LICENSED UNDER THIS PART TO
OPERATE INTERACTIVE GAMING OR AN INTERACTIVE GAMING SYSTEM AND
NO PERSON ACTING ON BEHALF OF, OR UNDER ANY ARRANGEMENT WITH, AN
INTERACTIVE GAMING CERTIFICATE HOLDER OR OTHER PERSON LICENSED
UNDER THIS PART SHALL:
(1) MAKE ANY LOAN TO ANY PERSON FOR THE PURPOSE OF
CREDITING AN INTERACTIVE GAMING ACCOUNT.
(2) RELEASE OR DISCHARGE ANY DEBT, EITHER IN WHOLE OR IN
PART, OR MAKE ANY LOAN WHICH REPRESENTS ANY LOSSES INCURRED
BY ANY REGISTERED PLAYER WHILE PLAYING AUTHORIZED INTERACTIVE
GAMES WITHOUT MAINTAINING A WRITTEN RECORD THEREOF IN
ACCORDANCE WITH REGULATIONS OF THE BOARD.
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§ 13B29. COMMENCEMENT OF INTERACTIVE GAMING OPERATIONS.
AN INTERACTIVE GAMING CERTIFICATE HOLDER MAY NOT OPERATE OR
OFFER INTERACTIVE GAMES FOR PLAY ON ITS INTERACTIVE GAMING SKIN
UNTIL THE BOARD DETERMINES THAT:
(1) THE INTERACTIVE GAMING CERTIFICATE HOLDER IS IN
COMPLIANCE WITH THE REQUIREMENTS OF THIS CHAPTER.
(2) THE INTERACTIVE GAMING CERTIFICATE HOLDER 'S
INTERNAL, ADMINISTRATIVE AND ACCOUNTING CONTROLS ARE
SUFFICIENT TO MEET THE REQUIREMENTS OF SECTION 13B32
(RELATING TO INTERNAL, ADMINISTRATIVE AND ACCOUNTING
CONTROLS).
(3) THE INTERACTIVE GAMING CERTIFICATE HOLDER 'S
INTERACTIVE GAMING EMPLOYEES, WHERE APPLICABLE, ARE LICENSED,
PERMITTED, REGISTERED, CERTIFIED OR OTHERWISE AUTHORIZED BY
THE BOARD TO PERFORM THEIR RESPECTIVE DUTIES.
(4) THE EMPLOYEES OF THE INTERACTIVE GAMING OPERATOR
ARE, WHERE APPLICABLE, LICENSED, PERMITTED OR OTHERWISE
AUTHORIZED BY THE BOARD TO PERFORM THEIR DUTIES.
(5) THE INTERACTIVE GAMING CERTIFICATE HOLDER IS
PREPARED IN ALL RESPECTS TO OFFER INTERACTIVE GAMING TO THE
PUBLIC OVER ITS INTERACTIVE GAMING SKIN.
(6) THE INTERACTIVE GAMING CERTIFICATE HOLDER HAS
IMPLEMENTED NECESSARY INTERNAL, ADMINISTRATIVE AND ACCOUNTING
CONTROLS, SECURITY ARRANGEMENTS AND SURVEILLANCE SYSTEMS FOR
THE OPERATION OF INTERACTIVE GAMING.
(7) THE INTERACTIVE GAMING CERTIFICATE HOLDER IS IN
COMPLIANCE WITH OR WILL COMPLY WITH SECTION 13B31 (RELATING
TO RESPONSIBILITIES OF INTERACTIVE GAMING CERTIFICATE
HOLDER).
(8) THE BOARD HAS APPROVED AN AGREEMENT ENTERED BETWEEN
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THE INTERACTIVE GAMING CERTIFICATE HOLDER AND AN INTERACTIVE
GAMING OPERATOR OR OTHER PERSON RELATED TO THE OPERATION OF
INTERACTIVE GAMING OR THE OPERATION OF AN INTERACTIVE GAMING
SYSTEM ON BEHALF OF SUCH INTERACTIVE GAMING CERTIFICATE
HOLDER .
SUBCHAPTER D
FACILITIES AND EQUIPMENT
SEC.
13B31. RESPONSIBILITIES OF INTERACTIVE GAMING CERTIFICATE
HOLDER .
13B32. INTERNAL, ADMINISTRATIVE AND ACCOUNTING CONTROLS.
§ 13B31. RESPONSIBILITIES OF INTERACTIVE GAMING CERTIFICATE
HOLDER .
(A) FACILITIES AND EQUIPMENT.--ALL FACILITIES AND
INTERACTIVE GAMING DEVICES AND ASSOCIATED EQUIPMENT SHALL:
(1) BE ARRANGED IN A MANNER PROMOTING APPROPRIATE
SECURITY FOR INTERACTIVE GAMING.
(2) INCLUDE A CLOSED-CIRCUIT VIDEO MONITORING SYSTEM
ACCORDING TO RULES OR SPECIFICATIONS APPROVED BY THE BOARD,
WITH BOARD ABSOLUTE ACCESS TO THE INTERACTIVE GAMING
CERTIFICATE HOLDER 'S INTERACTIVE GAMING SKIN, INTERNET
WEBSITE AND PLATFORM, SIGNAL OR TRANSMISSION USED IN
CONNECTION WITH INTERACTIVE GAMING.
(3) NOT BE DESIGNED IN ANY WAY THAT MIGHT INTERFERE WITH
OR IMPEDE THE BOARD IN ITS REGULATION OF INTERACTIVE GAMING.
(4) COMPLY IN ALL RESPECTS WITH REGULATIONS OF THE
BOARD.
(B) LOCATION OF EQUIPMENT AND INTERACTIVE GAMING RESTRICTED
AREAS.--
(1) ALL INTERACTIVE GAMING DEVICES AND ASSOCIATED
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EQUIPMENT USED BY AN INTERACTIVE GAMING CERTIFICATE HOLDER OR
AN INTERACTIVE GAMING LICENSEE TO CONDUCT INTERACTIVE GAMING
MAY BE LOCATED, WITH THE PRIOR APPROVAL OF THE BOARD, IN AN
INTERACTIVE GAMING RESTRICTED AREA ON THE PREMISES OF THE
LICENSED FACILITY, IN AN INTERACTIVE GAMING RESTRICTED AREA
WITHIN THE GEOGRAPHIC LIMITS OF THE COUNTY IN THIS
COMMONWEALTH WHERE THE LICENSED FACILITY IS SITUATED OR IN
ANY OTHER AREA APPROVED BY THE BOARD.
(2) ALL WAGERS ASSOCIATED WITH INTERACTIVE GAMING SHALL
BE DEEMED TO BE PLACED WHEN RECEIVED BY THE INTERACTIVE
GAMING CERTIFICATE HOLDER . ANY INTERMEDIATE ROUTING OF
ELECTRONIC DATA IN CONNECTION WITH A WAGER SHALL NOT AFFECT
THE FACT THAT THE WAGER IS PLACED IN A LICENSED FACILITY IN
THIS COMMONWEALTH.
§ 13B32. INTERNAL, ADMINISTRATIVE AND ACCOUNTING CONTROLS.
(A) SUBMISSIONS TO BOARD.--NOTWITHSTANDING ANY PROVISION OF
THIS PART, EACH SLOT MACHINE LICENSEE WHO HOLDS OR HAS APPLIED
FOR AN INTERACTIVE GAMING CERTIFICATE IN ACCORDANCE WITH THIS
CHAPTER SHALL SUBMIT A DESCRIPTION OF ITS SYSTEM OF INTERNAL
PROCEDURES AND ADMINISTRATIVE AND ACCOUNTING CONTROLS FOR
INTERACTIVE GAMING TO THE BOARD, INCLUDING PROVISIONS THAT
PROVIDE FOR REAL-TIME MONITORING, RECORDATION OR STORAGE OF ALL
INTERACTIVE GAMES AND A DESCRIPTION OF ANY CHANGES TO ITS
PROCEDURES AND CONTROLS. THE SUBMISSION SHALL BE MADE AT LEAST
90 DAYS BEFORE AUTHORIZED INTERACTIVE GAMING IS TO COMMENCE OR
AT LEAST 90 DAYS BEFORE ANY CHANGE IN THOSE PROCEDURES OR
CONTROLS IS TO TAKE EFFECT, UNLESS OTHERWISE DIRECTED BY THE
BOARD.
(B) FILING.--NOTWITHSTANDING SUBSECTION (A), THE PROCEDURES
AND CONTROLS MAY BE IMPLEMENTED BY AN INTERACTIVE GAMING
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CERTIFICATE HOLDER UPON THE FILING OF THE PROCEDURES AND
CONTROLS WITH THE BOARD. EACH PROCEDURE OR CONTROL SUBMISSION
SHALL CONTAIN BOTH NARRATIVE AND DIAGRAMMATIC REPRESENTATIONS OF
THE SYSTEM TO BE UTILIZED WITH REGARD TO INTERACTIVE GAMING,
INCLUDING, BUT NOT LIMITED TO:
(1) ACCOUNTING CONTROLS, INCLUDING THE STANDARDIZATION
OF FORMS AND DEFINITION OF TERMS TO BE UTILIZED IN THE
INTERNET GAMING OPERATIONS.
(2) PROCEDURES, FORMS AND, WHERE APPROPRIATE, FORMULAS
TO GOVERN THE FOLLOWING:
(I) CALCULATION OF HOLD PERCENTAGES;
(II) REVENUE DROPS;
(III) EXPENSE AND OVERHEAD SCHEDULES;
(IV) COMPLIMENTARY SERVICES; AND
(V) CASH-EQUIVALENT TRANSACTIONS.
(3) JOB DESCRIPTIONS AND THE SYSTEM OF PERSONNEL AND
CHAIN OF COMMAND, ESTABLISHING A DIVERSITY OF RESPONSIBILITY
AMONG EMPLOYEES ENGAGED IN INTERACTIVE GAMING OPERATIONS,
INCLUDING EMPLOYEES OF AN INTERACTIVE GAMING OPERATOR, AND
IDENTIFYING PRIMARY AND SECONDARY MANAGEMENT AND SUPERVISORY
POSITIONS FOR AREAS OF RESPONSIBILITY, SALARY STRUCTURE AND
PERSONNEL PRACTICES.
(4) PROCEDURES FOR THE REGISTRATION OF PLAYERS AND
ESTABLISHMENT OF INTERACTIVE GAMING ACCOUNTS, INCLUDING A
PROCEDURE FOR AUTHENTICATING THE AGE, IDENTITY AND LOCATION
OF APPLICANTS FOR GAMING ACCOUNTS.
(5) PROCEDURES FOR TERMINATING A REGISTERED PLAYER'S
INTERACTIVE GAMING ACCOUNT AND THE RETURN OF ANY FUNDS
REMAINING IN THE INTERACTIVE GAMING ACCOUNT TO THE REGISTERED
PLAYER.
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(6) PROCEDURES FOR SUSPENDING OR TERMINATING A DORMANT
GAMING ACCOUNT.
(7) PROCEDURES FOR THE LOGGING IN AND AUTHENTICATION OF
A REGISTERED PLAYER IN ORDER TO ENABLE THE PLAYER TO COMMENCE
INTERACTIVE GAMING AND THE LOGGING OFF OF THE REGISTERED
PLAYER WHEN THE PLAYER HAS COMPLETED PLAY, INCLUDING A
PROCEDURE TO AUTOMATICALLY LOG A REGISTERED PLAYER OUT OF THE
PLAYER'S INTERACTIVE GAMING ACCOUNT AFTER A SPECIFIED PERIOD
OF INACTIVITY.
(8) PROCEDURES FOR THE CREDITING AND DEBITING OF
REGISTERED PLAYERS' INTERACTIVE GAMING ACCOUNTS.
(9) PROCEDURES FOR CASHING CHECKS, RECEIVING ELECTRONIC
NEGOTIABLE INSTRUMENTS AND FOR REDEEMING CHIPS, TOKENS OR
OTHER CASH EQUIVALENTS.
(10) PROCEDURES FOR WITHDRAWING FUNDS FROM AN
INTERACTIVE GAMING ACCOUNT BY THE REGISTERED PLAYER.
(11) PROCEDURES FOR THE PROBATION OF PLAYER FUNDS,
INCLUDING THE SEGREGATION OF PLAYER FUNDS FROM OPERATING
FUNDS.
(12) PROCEDURES FOR RECORDING TRANSACTIONS PERTAINING TO
INTERACTIVE GAMING.
(13) PROCEDURES FOR THE SECURITY OF PERSONAL IDENTIFYING
INFORMATION OF REGISTERED PLAYERS AND OTHER INFORMATION AS
REQUIRED BY THE BOARD AND FUNDS IN INTERACTIVE GAMING
ACCOUNTS.
(14) PROCEDURES AND SECURITY FOR THE CALCULATION AND
RECORDATION OF REVENUE.
(15) PROCEDURES FOR THE SECURITY OF INTERACTIVE GAMING
DEVICES AND ASSOCIATED EQUIPMENT WITHIN AN INTERACTIVE GAMING
RESTRICTED AREA ON THE PREMISES OF THE LICENSED FACILITY OR
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IN A SECURE FACILITY INACCESSIBLE TO THE PUBLIC AND
SPECIFICALLY DESIGNED FOR THAT PURPOSE OFF THE PREMISES OF A
LICENSED FACILITY AS APPROVED BY THE BOARD.
(16) PROCEDURES AND SECURITY STANDARDS AS TO RECEIPT OF
AND THE HANDLING AND STORAGE OF INTERACTIVE GAMING DEVICES
AND ASSOCIATED EQUIPMENT.
(17) PROCEDURES AND SECURITY STANDARDS TO PROTECT THE
INTERACTIVE GAMING CERTIFICATE HOLDER 'S INTERACTIVE GAMING
SKIN OR INTERNET WEBSITE AND INTERACTIVE GAMING DEVICES AND
ASSOCIATED EQUIPMENT FROM HACKING OR TAMPERING BY ANY PERSON.
(18) PROCEDURES FOR RESPONDING TO SUSPECTED OR ACTUAL
HACKING OR TAMPERING WITH AN INTERACTIVE GAMING CERTIFICATE
HOLDER 'S INTERACTIVE GAMING SKIN OR INTERNET WEBSITE AND
INTERACTIVE GAMING DEVICES AND ASSOCIATED EQUIPMENT,
INCLUDING PARTIAL OR COMPLETE SUSPENSION OF INTERACTIVE
GAMING OR THE SUSPENSION OF ANY OR ALL INTERACTIVE GAMING
ACCOUNTS WHEN WARRANTED.
(19) PROCEDURES TO VERIFY EACH REGISTERED PLAYER'S
PHYSICAL LOCATION EACH TIME A WAGER IS PLACED ON AN
INTERACTIVE GAME.
(20) PROCEDURES TO ENSURE, TO A REASONABLE DEGREE OF
CERTAINTY, THAT THE INTERACTIVE GAMES ARE FAIR AND HONEST AND
THAT APPROPRIATE MEASURES ARE IN PLACE TO DETER, DETECT AND,
TO THE EXTENT REASONABLY POSSIBLE, TO PREVENT CHEATING,
INCLUDING COLLUSION, AND USE OF CHEATING DEVICES, INCLUDING
THE USE OF SOFTWARE PROGRAMS THAT MAKE BETS OR WAGERS
ACCORDING TO ALGORITHMS.
(21) PROCEDURES TO ASSIST PROBLEM AND COMPULSIVE
GAMBLERS, INCLUDING PROCEDURES REASONABLY INTENDED TO PREVENT
A PERSON FROM PARTICIPATING IN INTERACTIVE GAMING ACTIVITIES
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IN ACCORDANCE WITH SECTIONS 1514 (RELATING TO REGULATION
REQUIRING EXCLUSION, EJECTION OR DENIAL OF ACCESS OF CERTAIN
PERSONS), 1515 (RELATING TO REPEAT OFFENDERS EXCLUDABLE FROM
LICENSED GAMING FACILITY) AND 1516 (RELATING TO LIST OF
PERSONS SELF EXCLUDED FROM GAMING ACTIVITIES).
(C) REVIEW OF SUBMISSIONS.--
(1) THE BOARD SHALL REVIEW EACH SUBMISSION REQUIRED BY
SUBSECTIONS (A) AND (B) AND SHALL DETERMINE WHETHER THE
SUBMISSION CONFORMS TO THE REQUIREMENTS OF THIS CHAPTER AND
REGULATIONS PROMULGATED BY THE BOARD AND WHETHER THE SYSTEM
SUBMITTED PROVIDES ADEQUATE AND EFFECTIVE CONTROLS FOR
INTERACTIVE GAMING OF THE PARTICULAR INTERACTIVE GAMING
CERTIFICATE HOLDER.
(2) IF THE BOARD DETERMINES THAT INSUFFICIENCIES EXIST,
IT SHALL SPECIFY THE INSUFFICIENCIES IN WRITING TO THE
INTERACTIVE GAMING CERTIFICATE HOLDER, WHO SHALL MAKE
APPROPRIATE ALTERATIONS TO ENSURE COMPLIANCE WITH THE
REQUIREMENTS OF THIS CHAPTER AND REGULATIONS OF THE BOARD.
WHEN THE BOARD DETERMINES A SUBMISSION TO BE ADEQUATE IN ALL
RESPECTS, IT SHALL NOTIFY THE INTERACTIVE GAMING CERTIFICATE
HOLDER.
(3) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (A), NO
INTERACTIVE GAMING CERTIFICATE HOLDER, INTERACTIVE GAMING
OPERATOR OR OTHER PERSON SHALL COMMENCE OR ALTER INTERACTIVE
GAMING OPERATIONS UNLESS AND UNTIL THE SYSTEM OF PROCEDURES,
CONTROLS AND ALTERNATIONS IS APPROVED BY THE BOARD.
SUBCHAPTER E
TESTING AND CERTIFICATION
SEC.
13B41. INTERACTIVE GAMES AND INTERACTIVE GAMING DEVICES AND
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ASSOCIATED EQUIPMENT TESTING AND CERTIFICATION
STANDARDS.
§ 13B41. INTERACTIVE GAMES AND INTERACTIVE GAMING DEVICES AND
ASSOCIATED EQUIPMENT TESTING AND CERTIFICATION
STANDARDS.
(A) TESTING REQUIRED.--
(1) NO INTERACTIVE GAME OR INTERACTIVE GAMING DEVICE OR
ASSOCIATED EQUIPMENT SHALL BE USED TO CONDUCT INTERACTIVE
GAMING UNLESS IT HAS BEEN TESTED AND APPROVED BY THE BOARD.
THE BOARD MAY, IN ITS DISCRETION AND FOR THE PURPOSE OF
EXPEDITING THE APPROVAL PROCESS, REFER TESTING TO ANY TESTING
LABORATORY AS APPROVED BY THE BOARD.
(2) THE BOARD SHALL ESTABLISH, BY REGULATION, TECHNICAL
STANDARDS FOR APPROVAL OF INTERACTIVE GAMES AND INTERACTIVE
GAMING DEVICES AND ASSOCIATED EQUIPMENT, INCLUDING STANDARDS
TO GOVERN MECHANICAL, ELECTRICAL OR PROGRAM RELIABILITY AND
SECURITY AGAINST TAMPERING AND THREATS, AS IT MAY DEEM
NECESSARY TO PROTECT THE REGISTERED PLAYER FROM FRAUD OR
DECEPTION AND TO ENSURE THE INTEGRITY OF INTERACTIVE GAMING.
(B) INDEPENDENT TESTING AND CERTIFICATION FACILITY.--ANY
COSTS ASSOCIATED WITH THE BOARD'S TESTING AND CERTIFICATION
FACILITY SHALL BE ASSESSED ON PERSONS AUTHORIZED BY THE BOARD TO
MANUFACTURE, SUPPLY, DISTRIBUTE OR OTHERWISE PROVIDE INTERACTIVE
GAMES AND INTERACTIVE GAMING DEVICES AND ASSOCIATED EQUIPMENT TO
INTERACTIVE GAMING CERTIFICATE HOLDERS OR TO INTERACTIVE GAMING
OPERATORS IN THIS COMMONWEALTH. THE COSTS SHALL BE ASSESSED IN
ACCORDANCE WITH A SCHEDULE ADOPTED BY THE BOARD.
(C) USE OF OTHER STATE STANDARDS.--THE BOARD MAY DETERMINE
WHETHER THE TESTING AND CERTIFICATION STANDARDS FOR INTERACTIVE
GAMES AND INTERACTIVE GAMING DEVICES AND ASSOCIATED EQUIPMENT AS
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ADOPTED BY ANOTHER JURISDICTION WITHIN THE UNITED STATES OR ANY
OF THE TESTING AND CERTIFICATION STANDARDS USED BY AN
INTERACTIVE GAMING CERTIFICATE HOLDER ARE COMPREHENSIVE AND
THOROUGH AND PROVIDE SIMILAR AND ADEQUATE SAFEGUARDS AS THOSE
REQUIRED BY THIS CHAPTER. IF THE BOARD MAKES THAT DETERMINATION,
IT MAY PERMIT THE PERSON AUTHORIZED TO MANUFACTURE, SUPPLY,
DISTRIBUTE OR OTHERWISE PROVIDE INTERACTIVE GAMES AND
INTERACTIVE GAMING DEVICES AND ASSOCIATED EQUIPMENT TO FURNISH
INTERACTIVE GAMES AND INTERACTIVE GAMING DEVICES AND ASSOCIATED
EQUIPMENT TO INTERACTIVE GAMING CERTIFICATE HOLDERS IN THIS
COMMONWEALTH WITHOUT UNDERGOING THE FULL TESTING AND
CERTIFICATION PROCESS BY THE BOARD'S INDEPENDENT TESTING AND
CERTIFICATION FACILITY.
SUBCHAPTER F
TAXES AND FEES
SEC.
13B51. INTERACTIVE GAMING AUTHORIZATION FEE.
13B52. INTERACTIVE GAMING TAX.
13B53. LOCAL SHARE ASSESSMENT.
13B54. COMPULSIVE AND PROBLEM GAMBLING.
§ 13B51. INTERACTIVE GAMING AUTHORIZATION FEE.
(A) AMOUNT OF AUTHORIZATION FEE.--
(1) EACH SLOT MACHINE LICENSEE THAT IS ISSUED AN
INTERACTIVE GAMING CERTIFICATE TO CONDUCT INTERACTIVE GAMING
IN ACCORDANCE WITH SECTION 13B11 (RELATING TO AUTHORIZATION
TO CONDUCT INTERACTIVE GAMING) SHALL PAY A ONE-TIME
NONREFUNDABLE AUTHORIZATION FEE IN THE AMOUNT OF $8,000,000.
(2) EACH INTERACTIVE GAMING OPERATOR OR AN AFFILIATE OF
AN INTERACTIVE GAMING CERTIFICATE HOLDER THAT IS ISSUED AN
INTERACTIVE GAMING LICENSE UNDER THIS CHAPTER TO OPERATE
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INTERACTIVE GAMING OR AN INTERACTIVE GAMING SYSTEM ON BEHALF
OF A SLOT MACHINE LICENSEE PURSUANT TO AN INTERACTIVE GAMING
AGREEMENT AND THAT IS NOT OWNED OR OTHERWISE CONTROLLED BY A
SLOT MACHINE LICENSEE SHALL PAY A ONE-TIME NONREFUNDABLE
AUTHORIZATION FEE IN THE AMOUNT OF $2,000,000.
(B) PAYMENT OF FEE.--PERSONS REQUIRED TO PAY THE
AUTHORIZATION FEE UNDER SUBSECTION (A) SHALL REMIT THE FEE TO
THE BOARD WITHIN 60 DAYS OF THE BOARD'S APPROVAL OF ITS
PETITION, LICENSE OR CONDITIONAL LICENSE TO CONDUCT INTERACTIVE
GAMING OR TO OPERATE INTERACTIVE GAMING OR AN INTERACTIVE GAMING
SYSTEM. THE BOARD MAY ALLOW THE FEE TO BE PAID IN INSTALLMENTS,
PROVIDED THAT ALL SUCH INSTALLMENTS ARE PAID WITHIN THE 60-DAY
PERIOD AND THAT THE INSTALLMENT PAYMENTS ARE MADE IN ACCORDANCE
WITH THE TERMS OF AN AGREEMENT BETWEEN THE BOARD AND THE
INTERACTIVE GAMING CERTIFICATE HOLDER, AN AFFILIATE OF AN
INTERACTIVE GAMING CERTIFICATE HOLDER OR AN INTERACTIVE GAMING
OPERATOR THAT SETS FORTH THE TERMS OF THE INSTALLMENT PAYMENT.
(C) RENEWAL FEE.--
(1) NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER,
AN INTERACTIVE GAMING CERTIFICATE HOLDER SHALL PAY A RENEWAL
FEE IN THE AMOUNT OF $250,000 UPON THE RENEWAL OF ITS
INTERACTIVE GAMING CERTIFICATE IN ACCORDANCE WITH SECTIONS
1326 (RELATING TO RENEWALS) AND 13B13(C) (RELATING TO
ISSUANCE OF INTERACTIVE GAMING CERTIFICATE).
(2) EACH INTERACTIVE GAMING OPERATOR OR AFFILIATE OF AN
INTERACTIVE GAMING OPERATOR UNDER SUBSECTION (A)(3) SHALL PAY
A RENEWAL FEE OF $100,000 UPON THE RENEWAL OF ITS INTERACTIVE
GAMING LICENSE IN ACCORDANCE WITH THIS CHAPTER.
(D) DEPOSIT OF FEES.--THE FEES IMPOSED AND COLLECTED UNDER
THIS SECTION SHALL BE DEPOSITED IN THE GENERAL FUND.
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§ 13B52. INTERACTIVE GAMING TAX.
(A) IMPOSITION OF TAX.--EACH INTERACTIVE GAMING CERTIFICATE
HOLDER THAT CONDUCTS INTERACTIVE GAMING AT A LICENSED FACILITY
SHALL REPORT TO THE DEPARTMENT AND PAY FROM ITS DAILY GROSS
INTERACTIVE GAMING REVENUE, ON A FORM AND IN THE MANNER
PRESCRIBED BY THE DEPARTMENT, A TAX OF 14% OF ITS DAILY GROSS
INTERACTIVE GAMING REVENUE AND A LOCAL SHARE ASSESSMENT AS
PROVIDED IN SECTION 13B53 (RELATING TO LOCAL SHARE ASSESSMENT).
(B) DEPOSITS AND DISTRIBUTIONS.--
(1) THE TAX IMPOSED UNDER SUBSECTION (A) SHALL BE
PAYABLE TO THE DEPARTMENT ON A WEEKLY BASIS AND SHALL BE
BASED UPON GROSS INTERACTIVE GAMING REVENUE DERIVED DURING
THE PREVIOUS WEEK.
(2) ALL FUNDS OWED TO THE COMMONWEALTH UNDER THIS
SECTION SHALL BE HELD IN TRUST FOR THE COMMONWEALTH BY THE
INTERACTIVE GAMING CERTIFICATE HOLDER UNTIL THE FUNDS ARE
PAID TO THE DEPARTMENT FOR DEPOSIT IN THE GENERAL FUND. AN
INTERACTIVE GAMING CERTIFICATE HOLDER SHALL ESTABLISH A
SEPARATE BANK ACCOUNT INTO WHICH GROSS INTERACTIVE GAMING
REVENUE SHALL BE DEPOSITED AND MAINTAINED UNTIL SUCH TIME AS
THE FUNDS ARE PAID TO THE DEPARTMENT UNDER THIS SECTION.
(C) TAXES ON OUT-OF-STATE WAGERING.--THE TAX RATE WHICH
SHALL BE ASSESSED AND COLLECTED BY THE DEPARTMENT WITH RESPECT
TO ANY WAGERS PLACED BY REGISTERED PLAYERS LOCATED IN THIS
COMMONWEALTH WITH AN INTERACTIVE GAMING OPERATOR OUTSIDE OF THIS
COMMONWEALTH, BUT AUTHORIZED UNDER AN INTERACTIVE GAMING
RECIPROCAL AGREEMENT SHALL BE GOVERNED BY THE AGREEMENT BUT MAY
NOT EXCEED 16% OF GROSS INTERACTIVE GAMING REVENUE DERIVED FROM
REGISTERED PLAYERS LOCATED IN THIS COMMONWEALTH.
(D) DEPOSIT OF FUNDS.--THE TAX IMPOSED UNDER SUBSECTION (A)
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SHALL BE COLLECTED BY THE DEPARTMENT FOR DEPOSIT IN THE GENERAL
FUND.
§ 13B53. LOCAL SHARE ASSESSMENT.
(A) REQUIRED PAYMENT.--
(1) IN ADDITION TO THE TAX IMPOSED UNDER SECTION 13B52
(RELATING TO INTERACTIVE GAMING TAX), EACH INTERACTIVE GAMING
CERTIFICATE HOLDER THAT CONDUCTS INTERACTIVE GAMING SHALL PAY
ON A WEEKLY BASIS AND ON A FORM AND IN A MANNER PRESCRIBED BY
THE DEPARTMENT A LOCAL SHARE ASSESSMENT INTO A RESTRICTED
RECEIPTS ACCOUNT ESTABLISHED IN THE DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT TO BE USED EXCLUSIVELY FOR GRANTS TO
ALL COUNTIES IN THIS COMMONWEALTH, TO ECONOMIC DEVELOPMENT
AUTHORITIES OR REDEVELOPMENT AUTHORITIES WITHIN EACH COUNTY,
FOR GRANTS FOR ECONOMIC DEVELOPMENT PROJECTS, COMMUNITY
IMPROVEMENT PROJECTS AND OTHER PROJECTS IN THE PUBLIC
INTEREST.
(2) THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
SHALL DEVELOP POLICIES AND PROCEDURES TO GOVERN THE
DISTRIBUTION OF GRANTS FROM THE LOCAL SHARE ASSESSMENT
ESTABLISHED UNDER PARAGRAPH (1). THE POLICIES AND PROCEDURES
SHALL BE OF SUFFICIENT SCOPE TO ENSURE EQUAL ACCESS TO GRANT
FUNDS BY ALL COUNTIES IN THIS COMMONWEALTH.
(B) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
WORDS AND PHRASES SHALL HAVE THE MEANING GIVEN TO THEM IN THIS
SUBSECTION:
"LOCAL SHARE ASSESSMENT." TWO PERCENT OF AN INTERACTIVE
GAMING CERTIFICATE HOLDER'S DAILY GROSS INTERACTIVE GAMING
REVENUE.
§ 13B54. COMPULSIVE AND PROBLEM GAMBLING.
THE FOLLOWING SHALL APPLY:
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(1) EACH YEAR, FROM THE TAX IMPOSED IN SECTION 13B52
(RELATING TO INTERACTIVE GAMING TAX), $2,000,000 OR AN AMOUNT
EQUAL TO .002 MULTIPLIED BY THE TOTAL GROSS INTERACTIVE
GAMING REVENUE OF ALL ACTIVE AND OPERATING INTERACTIVE GAMING
CERTIFICATE HOLDERS, WHICHEVER IS GREATER, SHALL BE
TRANSFERRED INTO THE COMPULSIVE AND PROBLEM GAMBLING
TREATMENT FUND ESTABLISHED IN SECTION 1509 (RELATING TO
COMPULSIVE AND PROBLEM GAMBLING PROGRAM).
(2) EACH YEAR, FROM THE TAX IMPOSED IN SECTION 13B52,
$2,000,000 OR AN AMOUNT EQUAL TO .002 MULTIPLIED BY THE TOTAL
GROSS INTERACTIVE GAMING REVENUE OF ALL ACTIVE AND OPERATING
INTERACTIVE GAMING CERTIFICATE HOLDERS, WHICHEVER IS GREATER,
SHALL BE TRANSFERRED TO THE DEPARTMENT OF HEALTH TO BE USED
FOR DRUG AND ALCOHOL ADDICTION TREATMENT SERVICES, INCLUDING
TREATMENT FOR DRUG AND ALCOHOL ADDICTION RELATED TO
COMPULSIVE AND PROBLEM GAMBLING, AS SET FORTH IN SECTION
1509.1 (RELATING TO DRUG AND ALCOHOL TREATMENT).
SUBCHAPTER G
MISCELLANEOUS PROVISIONS
SEC.
13B61. PARTICIPATION IN INTERACTIVE GAMING BY PERSONS OUTSIDE
COMMONWEALTH.
13B62. INSTITUTIONAL INVESTORS.
13B63. INTERNET CAFES AND PROHIBITION.
§ 13B61. PARTICIPATION IN INTERACTIVE GAMING BY PERSONS OUTSIDE
COMMONWEALTH.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER TO THE
CONTRARY, AN INTERACTIVE GAMING CERTIFICATE HOLDER MAY ACCEPT
INTERACTIVE GAMING WAGERS FROM A PERSON WHO IS NOT PHYSICALLY
PRESENT IN THIS COMMONWEALTH, IF THE BOARD DETERMINES THE
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FOLLOWING:
(1) PARTICIPATION IN INTERACTIVE GAMING AND ACCEPTANCE
OF WAGERS ASSOCIATED WITH INTERACTIVE GAMING FROM A PERSON
NOT PHYSICALLY PRESENT IN THIS COMMONWEALTH IS NOT
INCONSISTENT WITH FEDERAL LAW OR REGULATION OR THE LAW OR
REGULATION OF THE JURISDICTION, INCLUDING ANY FOREIGN
JURISDICTION, IN WHICH THE PERSON IS LOCATED.
(2) PARTICIPATION IN INTERACTIVE GAMING IS CONDUCTED
PURSUANT TO AN INTERACTIVE GAMING RECIPROCAL AGREEMENT
BETWEEN THE COMMONWEALTH AND ANOTHER STATE OR JURISDICTION,
INCLUDING A FOREIGN JURISDICTION, TO WHICH THE COMMONWEALTH
IS A PARTY AND THE INTERACTIVE GAMING RECIPROCAL AGREEMENT IS
NOT INCONSISTENT WITH FEDERAL LAW OR REGULATION.
§ 13B62. INSTITUTIONAL INVESTORS.
(A) DECLARATION OF INVESTMENT INTENT.--NOTWITHSTANDING ANY
OTHER PROVISION OF THIS PART, THE FOLLOWING SHALL APPLY:
(1) AN INSTITUTIONAL INVESTOR HOLDING 20% OR LESS OF THE
EQUITY SECURITIES OF AN INTERACTIVE GAMING CERTIFICATE
HOLDER'S, INTERACTIVE GAMING OPERATOR'S OR APPLICANT'S
HOLDING OR INTERMEDIARY COMPANIES SHALL BE GRANTED A WAIVER
OF ANY INVESTIGATION OF SUITABILITY OR OTHER REQUIREMENT IF
THE SECURITIES ARE THOSE OF A CORPORATION, WHETHER PUBLICLY
TRADED OR PRIVATELY HELD, AND THE HOLDINGS OF THE SECURITIES
WERE PURCHASED FOR INVESTMENT PURPOSES ONLY. THE
INSTITUTIONAL INVESTOR SHALL FILE A CERTIFIED STATEMENT THAT
IT HAS NO INTENTION OF INFLUENCING OR AFFECTING THE AFFAIRS
OF THE INTERACTIVE GAMING CERTIFICATE HOLDER, INTERACTIVE
GAMING OPERATOR, APPLICANT OR ITS HOLDING OR INTERMEDIARY
COMPANIES. HOWEVER, AN INSTITUTIONAL INVESTOR SHALL BE
PERMITTED TO VOTE ON MATTERS PUT TO THE VOTE OF THE
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OUTSTANDING SECURITY HOLDERS.
(2) THE BOARD MAY GRANT A WAIVER TO AN INSTITUTIONAL
INVESTOR HOLDING A HIGHER PERCENTAGE OF SECURITIES UPON A
SHOWING OF GOOD CAUSE AND IF THE CONDITIONS SPECIFIED IN
PARAGRAPH (1) ARE MET.
(3) AN INSTITUTIONAL INVESTOR GRANTED A WAIVER UNDER
THIS SUBSECTION WHO SUBSEQUENTLY DECIDES TO INFLUENCE OR
AFFECT THE AFFAIRS OF THE INTERACTIVE GAMING CERTIFICATE
HOLDER, INTERACTIVE GAMING OPERATOR OR APPLICANT'S HOLDING OR
INTERMEDIARY COMPANY SHALL PROVIDE NOT LESS THAN 30 DAYS'
NOTICE OF INTENT AND SHALL FILE WITH THE BOARD A REQUEST FOR
DETERMINATION OF SUITABILITY BEFORE TAKING ANY ACTION THAT
MAY INFLUENCE OR AFFECT THE AFFAIRS OF THE ISSUER. AN
INSTITUTIONAL INVESTOR SHALL BE PERMITTED TO VOTE ON MATTERS
PUT TO THE VOTE OF THE OUTSTANDING SECURITY HOLDERS.
(4) IF AN INSTITUTIONAL INVESTOR CHANGES ITS INVESTMENT
INTENT OR IF THE BOARD FINDS REASONABLE CAUSE TO BELIEVE THAT
THE INSTITUTIONAL INVESTOR MAY BE FOUND UNSUITABLE, NO ACTION
OTHER THAN DIVESTITURE SHALL BE TAKEN BY THE INSTITUTIONAL
INVESTOR WITH RESPECT TO ITS SECURITY HOLDINGS UNTIL THERE
HAS BEEN COMPLIANCE WITH ANY REQUIREMENTS ESTABLISHED BY THE
BOARD, WHICH MAY INCLUDE THE EXECUTION OF A TRUST AGREEMENT.
(5) THE INTERACTIVE GAMING CERTIFICATE HOLDER OR
INTERACTIVE GAMING OPERATOR OR APPLICANT AND ITS RELEVANT
HOLDING, INTERMEDIARY OR SUBSIDIARY COMPANY SHALL NOTIFY THE
BOARD IMMEDIATELY OF ANY INFORMATION ABOUT, OR ACTIONS OF, AN
INSTITUTIONAL INVESTOR HOLDING ITS EQUITY SECURITIES WHERE
THE INFORMATION OR ACTION MAY IMPACT THE ELIGIBILITY OF THE
INSTITUTIONAL INVESTOR FOR A WAIVER UNDER THIS SUBSECTION.
(B) FAILURE TO DECLARE.--IF THE BOARD FINDS:
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(1) THAT AN INSTITUTIONAL INVESTOR HOLDING ANY SECURITY
OF A HOLDING OR INTERMEDIARY COMPANY OF AN INTERACTIVE GAMING
CERTIFICATE HOLDER OR INTERACTIVE GAMING OPERATOR OR
APPLICANT OR, WHERE RELEVANT, OF ANOTHER SUBSIDIARY COMPANY
OF A HOLDING OR INTERMEDIARY COMPANY OF AN INTERACTIVE GAMING
CERTIFICATE HOLDER OR INTERACTIVE GAMING OPERATOR OR
APPLICANT WHICH IS RELATED IN ANY WAY TO THE FINANCING OF THE
INTERACTIVE GAMING CERTIFICATE HOLDER OR INTERACTIVE GAMING
OPERATOR OR APPLICANT, FAILS TO COMPLY WITH THE PROVISIONS OF
SUBSECTION (A); OR
(2) BY REASON OF THE EXTENT OR NATURE OF ITS HOLDINGS,
AN INSTITUTIONAL INVESTOR IS IN A POSITION TO EXERCISE SUCH A
SUBSTANTIAL IMPACT UPON THE CONTROLLING INTERESTS OF AN
INTERACTIVE GAMING CERTIFICATE HOLDER OR INTERACTIVE GAMING
OPERATOR OR APPLICANT THAT INVESTIGATION AND DETERMINATION OF
SUITABILITY OF THE INSTITUTIONAL INVESTOR IS NECESSARY TO
PROTECT THE PUBLIC INTEREST;
THEN THE BOARD MAY TAKE ANY NECESSARY ACTION OTHERWISE
AUTHORIZED UNDER THIS CHAPTER TO PROTECT THE PUBLIC INTEREST.
§ 13B63. INTERNET CAFES AND PROHIBITION.
(A) GENERAL RULE.--NO ORGANIZATION OR COMMERCIAL ENTERPRISE
SHALL OPERATE A PLACE OF PUBLIC ACCOMMODATION, CLUB, INCLUDING A
CLUB OR ASSOCIATION LIMITED TO DUES-PAYING MEMBERS OR SIMILAR
RESTRICTED GROUPS, OR SIMILAR ESTABLISHMENT IN WHICH COMPUTER
TERMINALS OR SIMILAR ACCESS DEVICES ARE ADVERTISED OR MADE
AVAILABLE TO BE USED PRINCIPALLY FOR THE PURPOSE OF ACCESSING
INTERACTIVE GAMES. NO INTERACTIVE GAMING CERTIFICATE HOLDER OR
INTERACTIVE GAMING OPERATOR SHALL OFFER OR MAKE AVAILABLE
COMPUTER TERMINALS OR SIMILAR ACCESS DEVICES TO BE USED
PRINCIPALLY FOR THE PURPOSE OF ACCESSING INTERACTIVE GAMES
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WITHIN A LICENSED FACILITY.
(B) CONSTRUCTION.--NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO:
(1) REQUIRE THE OWNER OR OPERATOR OF A HOTEL OR MOTEL OR
OTHER PUBLIC PLACE OF GENERAL USE IN THIS COMMONWEALTH TO
PROHIBIT OR BLOCK GUESTS FROM PLAYING INTERACTIVE GAMES; OR
(2) REQUIRE AN INTERACTIVE GAMING CERTIFICATE HOLDER OR
AN INTERACTIVE GAMING OPERATOR TO PROHIBIT REGISTERED PLAYERS
WITHIN A LICENSED FACILITY FROM PLAYING INTERACTIVE GAMES.
CHAPTER 13C
CASINO SIMULCASTING
SUBCHAPTER
A. GENERAL PROVISIONS
B. CASINO SIMULCASTING AUTHORIZED
C. APPLICATION AND ISSUANCE OF PERMIT AND ESTABLISHMENT OF
SIMULCASTING FACILITY
D. CONDUCT OF CASINO SIMULCASTING
E. FEES AND TAXES
SUBCHAPTER A
GENERAL PROVISIONS
SEC.
13C01. LEGISLATIVE INTENT AND PURPOSE.
13C02. DEFINITIONS.
§ 13C01. LEGISLATIVE INTENT AND PURPOSE.
THE GENERAL ASSEMBLY FINDS AS FOLLOWS:
(1) THE PEOPLE OF THIS COMMONWEALTH HAVE A VITAL
ECONOMIC INTEREST IN THE CONTINUED SUCCESS OF THIS
COMMONWEALTH'S GAMING INDUSTRY, INCLUDING THE RACE HORSE
INDUSTRY. DUE TO THIS ECONOMIC INTEREST, ENHANCEMENTS TO
CURRENT GAMING ACTIVITIES MUST BE AUTHORIZED TO ENSURE THE
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ONGOING COMPETITIVENESS, VIABILITY AND STABILITY OF THE
GAMING INDUSTRY IN THIS COMMONWEALTH.
(2) A PRIMARY INTENT OF THE RACE HORSE DEVELOPMENT AND
GAMING ACT, AS CODIFIED IN THIS PART, IS TO ENHANCE LIVE
HORSE RACING. HOWEVER, THE LEGALIZATION OF COMMERCIAL GAMING
IN STATES ON THE GEOGRAPHIC BORDERS OF THIS COMMONWEALTH
MAKES IT IMPERATIVE TO AUTHORIZE NEW AND INNOVATIVE GAMING
ACTIVITIES RELATED TO HORSE RACING AND COMMERCIAL CASINO-
STYLE GAMING, WHICH COULD BE IMPLEMENTED BY LICENSED GAMING
ENTITIES, AND WHICH COULD HELP ENSURE THE VIABILITY OF BOTH
HORSE RACING AND COMMERCIAL GAMING.
(3) THE INTENT OF THIS CHAPTER IS TO GIVE CATEGORY 2
LICENSED GAMING ENTITIES THE AUTHORITY TO CONDUCT CASINO
SIMULCASTING AT CATEGORY 2 LICENSED FACILITIES IN ORDER TO
EXPAND HORSE RACING OPPORTUNITIES THROUGH SIMULCASTING AND,
THEREBY, ENHANCING THE VIABILITY OF THIS COMMONWEALTH'S RACE
HORSE AND COMMERCIAL GAMING INDUSTRY.
§ 13C02. 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:
"LICENSED GAMING ENTITY." A PERSON WHO HAS BEEN APPROVED FOR
AND ISSUED A CATEGORY 2 SLOT MACHINE LICENSE IN ACCORDANCE WITH
SECTIONS 1304 (RELATING TO CATEGORY 2 SLOT MACHINE LICENSE) AND
1325 (RELATING TO LICENSE OR PERMIT ISSUANCE) AND WHO HOLDS A
CASINO SIMULCASTING PERMIT.
SUBCHAPTER B
CASINO SIMULCASTING AUTHORIZED
SEC.
13C05. AUTHORIZATION TO CONDUCT SIMULCASTING.
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13C06. REGULATIONS.
13C07. TEMPORARY REGULATIONS.
13C08. SIMULCAST AGREEMENTS.
§ 13C05. AUTHORIZATION TO CONDUCT SIMULCASTING.
(A) AUTHORITY TO CONDUCT.--NOTWITHSTANDING ANY OTHER
PROVISION OF LAW OR REGULATION, IT SHALL BE LAWFUL FOR A
LICENSED GAMING ENTITY TO CONDUCT CASINO SIMULCASTING OR ENTER
INTO AN AGREEMENT OR AGREEMENTS WITH ANY LICENSED CORPORATION OR
OTHER PERSON FOR THE CONDUCT OF CASINO SIMULCASTING IN
ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER, THE APPLICABLE
REGULATIONS OF THE BOARD AND THE COMMISSIONS PROMULGATED UNDER
THIS CHAPTER.
(B) ADMINISTRATION AND ENFORCEMENT.--THE BOARD SHALL
ADMINISTER AND ENFORCE THE PROVISIONS OF THIS CHAPTER AND,
EXCEPT AS PROVIDED IN THIS CHAPTER, SHALL ADOPT AND PROMULGATE
REGULATIONS TO CARRY OUT AND ENFORCE THE PROVISIONS OF THIS
CHAPTER.
§ 13C06. REGULATIONS.
(A) ADOPTION OF REGULATIONS.--THE BOARD, IN CONSULTATION
WITH THE COMMISSIONS, SHALL ADOPT AND PROMULGATE REGULATIONS TO
GOVERN THE CONDUCT OF CASINO SIMULCASTING BY LICENSED GAMING
ENTITIES IN THIS COMMONWEALTH. SUCH REGULATIONS SHALL ESTABLISH
THE FOLLOWING:
(1) THE METHOD AND FORM OF THE APPLICATION WHICH A
LICENSED GAMING ENTITY MUST FOLLOW AND COMPLETE BEFORE
CONSIDERATION OF THE LICENSED GAMING ENTITY'S APPLICATION TO
CONDUCT CASINO SIMULCASTING.
(2) THE PERMISSIBLE COMMUNICATIONS TECHNOLOGY WHICH MUST
BE USED TO FACILITATE THE CONDUCT OF CASINO SIMULCASTING IN
ACCORDANCE WITH REGULATIONS OF THE BOARD, THE COMMISSIONS AND
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APPLICABLE FEDERAL LAW AND REGULATIONS.
(3) THE TIMES DURING WHICH CASINO SIMULCASTING MAY BE
CONDUCTED BY LICENSED GAMING ENTITIES. THE TIMES DURING WHICH
A LICENSED GAMING ENTITY MAY CONDUCT CASINO SIMULCASTING
SHALL BE THE SAME AS THE TIMES AUTHORIZED FOR THE CONDUCT OF
CASINO SIMULCASTING BY CATEGORY 1 SLOT MACHINE LICENSEES.
(4) THE APPROVAL OF THE TERMS AND CONDITIONS OF ANY
AGREEMENT BETWEEN A LICENSED GAMING ENTITY AND A LICENSED
CORPORATION OR OTHER PERSON RELATED TO THE MANAGEMENT OR
OPERATION OF CASINO SIMULCASTING AND THE PARI-MUTUEL SYSTEM
OF WAGERING, INCLUDING THE PERCENTAGE OF THE MONEY RETAINED
BY A LICENSED CORPORATION FOR PARI-MUTUEL POOLS WHICH MAY BE
DISTRIBUTED TO THE LICENSED GAMING ENTITY.
(5) THE REQUIRED CONTENTS OF AGREEMENTS ENTERED INTO
BETWEEN A LICENSED GAMING ENTITY, A LICENSED CORPORATION OR
OTHER PERSON FOR THE MANAGEMENT OR OPERATION OF CASINO
SIMULCASTING AND THE PARI-MUTUEL SYSTEM OF WAGERING.
(6) A REQUIREMENT THAT WAGERING ON SIMULCAST HORSE RACE
MEETINGS SHALL ONLY BE CONDUCTED WITHIN AN ENCLOSED LOCATION
OF AN AUTHORIZED LICENSED GAMING ENTITY'S LICENSED FACILITY
WHICH HAS BEEN APPROVED BY THE BOARD, IN CONSULTATION WITH
THE APPROPRIATE COMMISSION.
(7) THE STANDARDS AND RULES TO GOVERN THE CONDUCT OF
CASINO SIMULCASTING AND THE SYSTEM OF PARI-MUTUEL WAGERING
ASSOCIATED WITH RACE HORSE SIMULCASTING.
(8) THE REPORTING PROCEDURES AND RECORDS WHICH WILL BE
REQUIRED FROM A LICENSED GAMING ENTITY TO ENSURE THAT ALL
MONEY GENERATED FROM CASINO SIMULCASTING IS ACCOUNTED FOR AND
WINNERS' NAMES, WHEN REQUIRED UNDER APPLICABLE FEDERAL OR
STATE LAW, ARE FILED WITH THE APPROPRIATE TAXING AUTHORITIES.
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(9) NOTWITHSTANDING SECTION 228 OF THE RACE HORSE
INDUSTRY REFORM ACT OR ANY OTHER PROVISION OF LAW OR
REGULATION, THE POLICIES AND PROCEDURES WHICH WILL BE
ADOPTED, IMPLEMENTED AND FOLLOWED TO ENSURE THAT INDIVIDUALS
UNDER 21 YEARS OF AGE WILL BE PROHIBITED FROM PARTICIPATING
IN CASINO SIMULCASTING OR ENTERING SIMULCASTING AREAS OF
LICENSED FACILITIES.
(10) ANY OTHER REQUIREMENTS, CONDITIONS OR CONTROLS
WHICH THE BOARD DEEMS NECESSARY AND APPROPRIATE TO ADMINISTER
AND ENFORCE THE PROVISIONS OF THIS CHAPTER AND TO FACILITATE
THE IMPLEMENTATION OF THIS CHAPTER.
(B) UNIFORM REGULATION.--IN ADOPTING REGULATIONS UNDER THIS
CHAPTER, THE COMMISSIONS SHALL COOPERATE AND WORK WITH THE BOARD
TO DEVELOP UNIFORM REGULATIONS TO GOVERN THE OPERATION OF CASINO
SIMULCASTING IN THIS COMMONWEALTH. EXCEPT AS HEREIN PROVIDED,
THE PROVISIONS OF THIS CHAPTER AND ANY REGULATIONS PROMULGATED
UNDER THIS CHAPTER SHALL BE CONSIDERED AS ESTABLISHING UNIFORM
REQUIREMENTS AND REGULATIONS FOR CASINO SIMULCASTING AT CATEGORY
2 LICENSED FACILITIES IN THIS COMMONWEALTH.
(C) ADOPTION OF EXISTING REGULATIONS.--NOTWITHSTANDING
SUBSECTION (B) OR ANY OTHER LAW OR REGULATION TO THE CONTRARY,
THE PROVISIONS OF SECTION 221 OF THE RACE HORSE INDUSTRY REFORM
ACT AND ALL REGULATIONS AND SUPPLEMENTS THERETO OR REVISIONS
THEREOF ADOPTED BY THE COMMISSIONS UNDER THE RACE HORSE INDUSTRY
REFORM ACT WHICH RELATE TO THE RETENTION OF MONEY IN PARI-MUTUEL
POOLS AND THE PARI-MUTUEL SYSTEM OF WAGERING ON, BEFORE OR AFTER
THE EFFECTIVE DATE OF THIS CHAPTER ARE ADOPTED AS REGULATIONS
UNDER THIS CHAPTER AND SHALL REMAIN IN EFFECT UNLESS
SUBSEQUENTLY MODIFIED OR SUPERSEDED BY REGULATIONS PROMULGATED
BY THE BOARD, IN CONSULTATION WITH THE APPROPRIATE COMMISSION.
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§ 13C07. TEMPORARY 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
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) SECTIONS 204(B) AND 301(10) OF THE ACT OF OCTOBER
15, 1980 (P.L.950, NO.164), KNOWN AS THE COMMONWEALTH
ATTORNEYS ACT.
(3) THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS
THE REGULATORY REVIEW ACT.
(B) EXPIRATION.--THE AUTHORITY TO ADOPT TEMPORARY
REGULATIONS UNDER SUBSECTION (A) SHALL EXPIRE TWO YEARS AFTER
THE EFFECTIVE DATE OF THIS SECTION. REGULATIONS ADOPTED BY THE
BOARD AND COMMISSIONS AFTER THE TWO-YEAR PERIOD SHALL BE
PROMULGATED AS PROVIDED BY LAW.
(C) PUBLICATION OF TEMPORARY REGULATIONS.--THE BOARD AND THE
COMMISSIONS SHALL BEGIN PUBLISHING TEMPORARY REGULATIONS
GOVERNING CASINO SIMULCASTING IN THE PENNSYLVANIA BULLETIN NO
LATER THAN FEBRUARY 1, 2016.
§ 13C08. SIMULCAST AGREEMENTS.
(A) MANNER OF AGREEMENT.--ANY AGREEMENT ENTERED INTO BY A
LICENSED GAMING ENTITY WITH A LICENSED CORPORATION OR OTHER
PERSON TO FACILITATE CASINO SIMULCASTING SHALL BE IN WRITING AND
SHALL BE FILED WITH AND APPROVED BY THE BOARD IN ACCORDANCE WITH
REGULATIONS PROMULGATED BY THE BOARD AND THE COMMISSIONS.
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(B) WAGER PROVISIONS.--NOTWITHSTANDING SECTION 221 OR 222 OF
THE RACE HORSE INDUSTRY REFORM ACT, THE FOLLOWING SHALL APPLY:
(1) IF A LICENSED GAMING ENTITY OFFERS CASINO
SIMULCASTING AT ITS CATEGORY 2 LICENSED FACILITY THROUGH AN
AGREEMENT WITH A LICENSED CORPORATION, THE AGREEMENT SHALL
SPECIFY THE PERCENTAGE OF THE MONEY WAGERED EACH RACING DAY
AT THE CASINO SIMULCASTING FACILITY AND REMAINING IN THE
WAGERING POOLS AFTER THE REQUIRED DISTRIBUTIONS UNDER SECTION
222 OF THE RACE HORSE INDUSTRY REFORM ACT THAT WILL BE PAID
TO THE LICENSED GAMING ENTITY. THE AMOUNT RETAINED BY A
LICENSED GAMING ENTITY OR OTHER PERSON SHALL NOT EXCEED 25%
OF THE MONEY RETAINED BY THE LICENSED CORPORATION UNDER
SECTION 221(A)(6) OR (7) OF THE RACE HORSE INDUSTRY REFORM
ACT.
(2) IF A LICENSED GAMING ENTITY CHOOSES TO OFFER CASINO
SIMULCASTING THROUGH ITS OWN RESOURCES OR THROUGH AN
AGREEMENT WITH ANOTHER PERSON, AS APPROVED BY THE BOARD, THE
BOARD AND THE COMMISSIONS SHALL, THROUGH REGULATION,
ESTABLISH THE PERCENTAGE OF MONEY WAGERED EACH RACING DAY AT
THE CASINO SIMULCASTING FACILITY AND REMAINING IN THE
WAGERING POOLS AFTER THE REQUIRED DISTRIBUTIONS UNDER SECTION
222 OF THE RACE HORSE INDUSTRY REFORM ACT THAT WILL BE PAID
TO THE LICENSED GAMING ENTITY OR OTHER PERSON, PROVIDED THAT
THE PERCENTAGE OF MONEY TO BE PAID TO A LICENSED GAMING
ENTITY OR OTHER PERSON UNDER THIS PARAGRAPH SHALL BE, IF
DETERMINED APPROPRIATE BY THE BOARD, THE SAME PERCENTAGE OF
MONEY REMAINING IN THE WAGERING POOLS THAT IS RETAINED BY A
LICENSED CORPORATION IN ACCORDANCE WITH SECTION 221(A)(6) AND
(7) OF THE RACE HORSE INDUSTRY REFORM ACT.
(C) REGULATIONS.--THE BOARD AND THE COMMISSIONS SHALL
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ESTABLISH REGULATIONS TO ADMINISTER THE RETENTION REQUIREMENTS
UNDER THIS SECTION.
SUBCHAPTER C
APPLICATION AND ISSUANCE OF PERMIT AND
ESTABLISHMENT OF SIMULCASTING FACILITY
SEC.
13C11. APPLICATION FOR PERMIT AND REQUIREMENTS.
13C12. CASINO SIMULCASTING PERMIT.
13C13. CASINO SIMULCASTING FACILITIES.
13C14. LICENSE OR REGISTRATION OF EMPLOYEES REQUIRED.
13C15. KEY EMPLOYEES AND OCCUPATION PERMITS.
§ 13C11. APPLICATION FOR PERMIT AND REQUIREMENTS.
(A) APPLICATIONS.--A LICENSED GAMING ENTITY SHALL FILE AN
APPLICATION FOR A CASINO SIMULCASTING PERMIT WITH THE BOARD. THE
APPLICATION SHALL INCLUDE THE FOLLOWING:
(1) THE NAME, BUSINESS ADDRESS AND CONTACT INFORMATION
OF THE APPLICANT.
(2) THE NAME AND LOCATION OF THE APPLICANT'S LICENSED
FACILITY.
(3) THE NAME AND BUSINESS ADDRESS, JOB TITLE AND A
PHOTOGRAPH OF EACH PRINCIPAL AND KEY EMPLOYEE OF THE
APPLICANT WHO WILL BE INVOLVED IN THE CONDUCT OF CASINO
SIMULCASTING AND WHO IS NOT CURRENTLY LICENSED BY THE BOARD
OR AN APPROPRIATE COMMISSION, IF KNOWN.
(4) THE ESTIMATED NUMBER OF FULL-TIME AND PART-TIME
EMPLOYMENT POSITIONS THAT WILL BE CREATED AT THE LICENSED
FACILITY IF CASINO SIMULCASTING IS AUTHORIZED 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
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RESIDENTS IN THE EMPLOYMENT POSITIONS.
(5) A BRIEF DESCRIPTION OF THE ECONOMIC BENEFITS
EXPECTED TO BE REALIZED BY THE COMMONWEALTH, THE DEPARTMENT
OF AGRICULTURE AND THE RACE HORSE INDUSTRY IN THIS
COMMONWEALTH IF CASINO SIMULCASTING IS AUTHORIZED AT THE
APPLICANT'S LICENSED FACILITY.
(6) THE DETAILS OF ANY FINANCING, IF APPLICABLE,
OBTAINED OR THAT WILL BE OBTAINED TO FUND AN EXPANSION OR
MODIFICATION OF THE LICENSED FACILITY TO ACCOMMODATE CASINO
SIMULCASTING OR CONSTRUCT A SIMULCASTING FACILITY OR TO
OTHERWISE FUND THE COST OF COMMENCING CASINO SIMULCASTING
OPERATIONS.
(7) INFORMATION AND DOCUMENTATION CONCERNING FINANCIAL
BACKGROUND AND RESOURCES, AS THE BOARD MAY REQUIRE, TO
ESTABLISH BY CLEAR AND CONVINCING EVIDENCE THE FINANCIAL
STABILITY, INTEGRITY AND RESPONSIBILITY OF THE APPLICANT.
(8) A COPY OF OR A DETAILED DESCRIPTION OF THE TERMS AND
CONDITIONS OF ANY AGREEMENT OR AGREEMENTS THE LICENSED GAMING
ENTITY HAS ENTERED INTO OR WILL ENTER INTO WITH A LICENSED
CORPORATION OR OTHER PERSON TO FACILITATE THE CONDUCT OF
CASINO SIMULCASTING.
(9) A DETAILED DESCRIPTION OF ANY FINANCIAL ARRANGEMENTS
BETWEEN A LICENSED GAMING ENTITY AND A LICENSED CORPORATION
OR OTHER PERSON RELATED TO THE CONDUCT OF CASINO
SIMULCASTING.
(10) INFORMATION AND DOCUMENTATION, AS THE BOARD MAY
REQUIRE, TO ESTABLISH BY CLEAR AND CONVINCING EVIDENCE THAT
THE APPLICANT HAS OR WILL HAVE THE FINANCIAL ABILITY TO PAY
THE AUTHORIZATION FEE UNDER SECTION 13C41 (RELATING TO CASINO
SIMULCASTING AUTHORIZATION FEE).
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(11) DETAILED SITE AND ARCHITECTURAL PLANS OF THE
PROPOSED SIMULCASTING FACILITY WITHIN THE APPLICANT'S
LICENSED FACILITY.
(12) ANY OTHER INFORMATION AS THE BOARD MAY REQUIRE.
(B) REVIEW AND APPROVAL OF APPLICATION.--THE BOARD SHALL
REVIEW AND APPROVE AN APPLICATION FOR A SIMULCASTING PERMIT IF
THE APPLICANT ESTABLISHES, BY CLEAR AND CONVINCING EVIDENCE, ALL
OF THE FOLLOWING:
(1) THE APPLICANT'S SLOT MACHINE LICENSE IS IN GOOD
STANDING WITH THE BOARD.
(2) THE CONDUCT OF CASINO SIMULCASTING AT THE
APPLICANT'S LICENSED FACILITY WILL HAVE A POSITIVE ECONOMIC
IMPACT ON THE COMMONWEALTH AND THE RACE HORSE INDUSTRY IN
THIS COMMONWEALTH THROUGH INCREASED REVENUES, INCREASED
PURSES AND EMPLOYMENT OPPORTUNITIES.
(3) THE APPLICANT POSSESSES ADEQUATE FUNDS OR HAS
SECURED ADEQUATE FINANCING TO:
(I) FUND ANY NECESSARY EXPANSION OR MODIFICATION OF
THE APPLICANT'S LICENSED FACILITY OR TO CONSTRUCT A
SIMULCASTING FACILITY TO ACCOMMODATE THE CONDUCT OF
CASINO SIMULCASTING.
(II) PAY THE COSTS OF ESTABLISHING, MAINTAINING AND
OPERATING THE SIMULCASTING FACILITY.
(III) COMMENCE CASINO SIMULCASTING OPERATIONS.
(4) THE APPLICANT HAS ENTERED INTO OR WILL ENTER INTO AN
AGREEMENT WITH A LICENSED CORPORATION OR OTHER PERSON TO
MANAGE OR OPERATE CASINO SIMULCASTING OPERATIONS, IF
APPLICABLE.
(5) THE APPLICANT HAS THE EXPERTISE TO MANAGE CASINO
SIMULCASTING.
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(6) THE APPLICANT HAS THE FINANCIAL STABILITY, INTEGRITY
AND RESPONSIBILITY TO CONDUCT CASINO SIMULCASTING.
(7) THE APPLICANT HAS SUFFICIENT BUSINESS ABILITY AND
EXPERIENCE TO CREATE AND MAINTAIN A SUCCESSFUL CASINO
SIMULCASTING OPERATION.
(8) THE APPLICANT'S PROPOSED INTERNAL AND EXTERNAL
SECURITY CONTROLS AND PROPOSED SURVEILLANCE MEASURES WITHIN
THE AREA OF THE LICENSED FACILITY WHERE THE APPLICANT SEEKS
TO CONDUCT CASINO SIMULCASTING ARE ADEQUATE.
(C) CONFIDENTIALITY.--INFORMATION SUBMITTED TO THE BOARD
UNDER SUBSECTION (A)(6), (7) AND (8) MAY BE CONSIDERED
CONFIDENTIAL BY THE BOARD IF THE INFORMATION WOULD BE
CONFIDENTIAL UNDER SECTION 1206(F) (RELATING TO BOARD MINUTES
AND RECORDS).
§ 13C12. CASINO SIMULCASTING PERMIT.
(A) ISSUANCE OF PERMIT.--UPON REVIEW AND APPROVAL OF AN
APPLICATION SUBMITTED TO THE BOARD IN ACCORDANCE WITH SECTION
13C11 (RELATING TO APPLICATION FOR PERMIT AND REQUIREMENTS), THE
BOARD SHALL ISSUE A CASINO SIMULCASTING PERMIT TO THE APPLICANT.
THE AWARDING OF A CASINO SIMULCASTING PERMIT PRIOR TO THE
PAYMENT IN FULL OF THE AUTHORIZATION FEE REQUIRED BY SECTION
13C41 (RELATING TO CASINO SIMULCASTING AUTHORIZATION FEE) SHALL
NOT RELIEVE THE APPLICANT FROM COMPLYING WITH THE PROVISIONS OF
SECTION 13C41.
(B) CONTENT OF PERMIT.--
(1) A CASINO SIMULCASTING PERMIT SHALL INCLUDE A LIST OF
THE HORSE RACE MEETINGS WHICH ARE PROPOSED TO BE SIMULCAST BY
THE CASINO SIMULCASTING PERMIT HOLDER AT ITS SIMULCASTING
FACILITY, INCLUDING THE NAMES AND LOCATIONS OF THE IN-STATE
SENDING RACETRACKS AND OUT-OF-STATE SENDING RACETRACKS, AND
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THE START DATE AND EXPIRATION DATE OF ANY AGREEMENT OR
AGREEMENTS THE PERMIT HOLDER HAS ENTERED INTO OR WILL ENTER
INTO WITH A LICENSED CORPORATION OR OTHER PERSON FOR THE
OPERATION OF CASINO SIMULCASTING.
(2) A CASINO SIMULCASTING PERMIT HOLDER SHALL BE
REQUIRED TO UPDATE THE INITIAL CASINO SIMULCASTING
APPLICATION AT TIMES PRESCRIBED BY THE BOARD, IN CONSULTATION
WITH THE APPROPRIATE COMMISSION.
§ 13C13. CASINO SIMULCASTING FACILITIES.
(A) ESTABLISHMENT OF SIMULCASTING FACILITY.--A LICENSED
GAMING ENTITY APPROVED FOR AND ISSUED A PERMIT TO OPERATE CASINO
SIMULCASTING UNDER THIS CHAPTER SHALL ESTABLISH A SIMULCASTING
FACILITY AS PART OF ITS LICENSED FACILITY. THE SIMULCASTING
FACILITY MAY BE ADJACENT TO, BUT SHALL NOT BE PART OF, ANY ROOM
OR LOCATION IN WHICH SLOT MACHINES OR TABLE GAMES ARE OPERATED
OR CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF THIS PART. THE
FOLLOWING SHALL APPLY:
(1) THE SIMULCASTING FACILITY SHALL CONFORM TO ALL
REQUIREMENTS CONCERNING SQUARE FOOTAGE, EQUIPMENT, SECURITY
MEASURES AND RELATED MATTERS WHICH THE BOARD SHALL BY
REGULATION PRESCRIBE.
(2) THE SPACE OR AREA REQUIRED FOR THE ESTABLISHMENT OF
A SIMULCASTING FACILITY SHALL NOT BE USED TO DECREASE THE
NUMBER OF SLOT MACHINES OR TABLE GAMES IN OPERATION AT THE
LICENSED FACILITY OR TO REDUCE THE SPACE APPROVED BY THE
BOARD FOR THE OPERATION OF SLOT MACHINES AND THE CONDUCT OF
TABLE GAMES.
(3) THE COST OF ESTABLISHING, MAINTAINING AND OPERATING
A SIMULCASTING FACILITY SHALL BE THE SOLE RESPONSIBILITY OF
THE LICENSED GAMING ENTITY.
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(B) VIDEO DISPLAY MONITORS.--NOTWITHSTANDING ANY PROVISIONS
OF THE RACE HORSE INDUSTRY REFORM ACT OR REGULATIONS PROMULGATED
PURSUANT TO THAT ACT, THE REGULATIONS PROMULGATED BY THE BOARD
SHALL PROVIDE FOR THE INSTALLATION OF VIDEO DISPLAY TECHNOLOGY
IN APPROVED AREAS OF CATEGORY 1 AND CATEGORY 2 LICENSED
FACILITIES TO DELIVER SIMULCAST HORSE RACE MEETINGS TO PATRONS
VIA VIDEO WALLS AND OTHER SUCH INNOVATIVE VIDEO DISPLAY
TECHNOLOGY.
§ 13C14. LICENSE OR REGISTRATION OF EMPLOYEES REQUIRED.
EXCEPT AS PROVIDED IN THIS PART, ALL PERSONS ENGAGED DIRECTLY
IN WAGERING-RELATED ACTIVITIES AT A SIMULCASTING FACILITY,
WHETHER EMPLOYED BY THE LICENSED GAMING ENTITY, LICENSED
CORPORATION OR BY A PERSON OR ENTITY CONDUCTING CASINO
SIMULCASTING IN THE SIMULCASTING FACILITY UNDER AN AGREEMENT
WITH THE LICENSED GAMING ENTITY AND ALL OTHER EMPLOYEES OF THE
LICENSED GAMING ENTITY, LICENSED CORPORATION OR OF THE PERSON OR
ENTITY CONDUCTING CASINO SIMULCASTING WHO WORK OR WILL WORK IN
THE SIMULCASTING FACILITY, SHALL BE LICENSED OR REGISTERED IN
ACCORDANCE WITH REGULATIONS PROMULGATED BY THE BOARD IN
COLLABORATION WITH THE COMMISSIONS.
§ 13C15. KEY EMPLOYEES AND OCCUPATION PERMITS.
NOTHING IN THIS SUBCHAPTER SHALL BE CONSTRUED TO REQUIRE ANY
INDIVIDUAL WHO HOLDS A PRINCIPAL LICENSE, A KEY EMPLOYEE LICENSE
OR GAMING EMPLOYEE LICENSE UNDER CHAPTERS 13 (RELATING TO
LICENSEES) AND 13A (RELATING TO TABLE GAMES) OR WHO HOLDS A
LICENSE UNDER SECTION 213 OF THE RACE HORSE INDUSTRY REFORM ACT
TO OBTAIN A SEPARATE LICENSE, PERMIT OR REGISTRATION TO BE
EMPLOYED IN A PERMIT HOLDER'S CASINO SIMULCASTING OPERATION
AUTHORIZED UNDER THIS CHAPTER, IF THE BOARD DETERMINES THAT
LICENSURE UNDER THE PROVISIONS OF THIS PART OR THE RACE HORSE
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INDUSTRY REFORM ACT IS SUFFICIENT AND WILL NOT COMPROMISE THE
INTEGRITY OF CASINO SIMULCASTING.
SUBCHAPTER D
CONDUCT OF CASINO SIMULCASTING
SEC.
13C31. CONDUCT OF CASINO SIMULCASTING.
13C32. TRANSMISSION OF LIVE RACES.
13C33. ACCOUNTING CONTROLS AND AUDIT PROTOCOLS.
13C34. CONDITION OF CONTINUED OPERATION.
13C35. APPLICATION OF LIQUOR CODE.
§ 13C31. CONDUCT OF CASINO SIMULCASTING.
(A) WAGERING.--WAGERING ON SIMULCAST HORSE RACES SHALL BE
CONDUCTED ONLY IN THE SIMULCASTING FACILITY, WHICH SHALL BE OPEN
AND OPERATED WHENEVER SIMULCAST HORSE RACES ARE BEING
TRANSMITTED TO THE CASINO DURING PERMITTED HOURS OF OPERATION IN
ACCORDANCE WITH REGULATIONS.
(B) REQUIRED SECURITY.--
(1) THE SECURITY MEASURES FOR A SIMULCASTING FACILITY
SHALL INCLUDE, BUT MAY NOT BE LIMITED TO, THE INSTALLATION BY
THE LICENSED GAMING ENTITY OF A CLOSED-CIRCUIT TELEVISION
SYSTEM ACCORDING TO SPECIFICATIONS PROMULGATED JOINTLY BY THE
BOARD AND THE COMMISSIONS.
(2) THE BOARD AND THE COMMISSIONS SHALL HAVE ACCESS TO
THE SIMULCAST SYSTEM OR ITS SIGNAL IN ACCORDANCE WITH
REGULATIONS PROMULGATED JOINTLY BY THE BOARD AND THE
COMMISSIONS.
§ 13C32. TRANSMISSION OF LIVE RACES.
THE FOLLOWING SHALL APPLY:
(1) A LICENSED CORPORATION WHICH OPERATES INTERSTATE OR
INTERNATIONAL SIMULCASTING OF HORSE RACE MEETINGS IN THIS
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COMMONWEALTH SHALL HAVE DISCRETION TO TRANSMIT ALL OR SOME OF
THE LIVE RACES CONDUCTED AT THE RACETRACK TO A LICENSED
GAMING ENTITY WHICH HAS ESTABLISHED SIMULCASTING FACILITIES
UNDER THIS CHAPTER. ANY RACE WHICH IS TRANSMITTED FROM AN IN-
STATE SENDING TRACK SHALL BE TRANSMITTED TO ALL LICENSED
GAMING ENTITIES WHICH HAVE ESTABLISHED SIMULCASTING
FACILITIES.
(2) A LICENSED GAMING ENTITY WHICH ESTABLISHES A
SIMULCASTING FACILITY AND CONDUCTS CASINO SIMULCASTING IN
ACCORDANCE WITH THIS CHAPTER SHALL, AS A CONDITION OF
CONTINUED OPERATION OF CASINO SIMULCASTING, RECEIVE ALL LIVE
RACES WHICH ARE TRANSMITTED BY IN-STATE SENDING TRACKS.
§ 13C33. ACCOUNTING CONTROLS AND AUDIT PROTOCOLS.
(A) APPROVAL.--PRIOR TO THE COMMENCEMENT OF CASINO
SIMULCASTING, A CASINO SIMULCASTING PERMIT HOLDER SHALL SUBMIT
TO THE BOARD FOR APPROVAL ALL PROPOSED SITE AND ARCHITECTURAL
PLANS, INTERNAL CONTROL SYSTEMS AND AUDIT PROTOCOLS FOR THE
PERMIT HOLDER'S CASINO SIMULCASTING OPERATIONS.
(B) MINIMUM REQUIREMENTS.--A CASINO SIMULCASTING PERMIT
HOLDER'S INTERNAL CONTROLS AND AUDIT PROTOCOLS SHALL:
(1) PROVIDE FOR RELIABLE RECORDS, ACCOUNTS AND REPORTS
OF ANY FINANCIAL EVENT THAT OCCURS IN THE CONDUCT OF CASINO
SIMULCASTING, INCLUDING REPORTS TO THE BOARD AND COMMISSIONS
RELATED TO CASINO SIMULCASTING, AS MAY BE REQUIRED BY
REGULATION OF THE BOARD OR COMMISSIONS.
(2) PROVIDE FOR ACCURATE AND RELIABLE FINANCIAL RECORDS
RELATED TO THE CONDUCT OF CASINO SIMULCASTING AND THE PARI-
MUTUEL SYSTEM OF WAGERING.
(3) ESTABLISH PROCEDURES AND SECURITY FOR THE COUNTING,
RECORDING AND STORAGE OF MONEY GENERATED FROM THE CONDUCT OF
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CASINO SIMULCASTING.
(4) ESTABLISH PROCEDURES AND SECURITY STANDARDS FOR THE
MAINTENANCE OF TELECOMMUNICATIONS EQUIPMENT AND VIDEO DISPLAY
TECHNOLOGY USED IN CONNECTION WITH THE CONDUCT OF CASINO
SIMULCASTING.
(5) ESTABLISH PROCEDURES AND RULES TO GOVERN THE CONDUCT
OF CASINO SIMULCASTING AND THE RESPONSIBILITY OF EMPLOYEES
RELATED TO CASINO SIMULCASTING.
(6) ESTABLISH PROCEDURES FOR THE COLLECTION, RECORDING
AND DEPOSIT OF REVENUE FROM THE CONDUCT OF CASINO
SIMULCASTING, INCLUDING THE ROLES OF THE COMMISSIONS, THE
DEPARTMENT, LICENSED CORPORATIONS AND LICENSED GAMING
ENTITIES IN THE COLLECTION AND RECORDING OF THE REVENUE.
(7) ENSURE THAT THE SYSTEM OF PARI-MUTUEL WAGERING USED
IN THE CONDUCT OF CASINO SIMULCASTING IS IN ACCORDANCE WITH
THE RACE HORSE INDUSTRY REFORM ACT AND REGULATIONS OF THE
COMMISSIONS PROMULGATED UNDER THE RACE HORSE INDUSTRY REFORM
ACT.
(8) ENSURE, IN CONSULTATION WITH THE APPROPRIATE
COMMISSION, THE PROPER AND TIMELY ACCOUNTING FOR AND
RETENTION OF PERCENTAGES FOR PARI-MUTUEL POOLS AND THE PROPER
AND TIMELY DISTRIBUTION OF MONEY IN ANY PARI-MUTUEL POOL
GENERATED FROM CASINO SIMULCASTING.
(9) ENSURE THAT ALL FUNCTIONS, DUTIES AND
RESPONSIBILITIES RELATED TO CASINO SIMULCASTING ARE
APPROPRIATELY SEGREGATED AND PERFORMED IN ACCORDANCE WITH
SOUND FINANCIAL PRACTICES BY QUALIFIED EMPLOYEES.
(10) PERMIT USE OF ITS CASINO SIMULCASTING FACILITY BY
THE BOARD, THE BUREAU, THE COMMISSIONS AND OTHER PERSONS
AUTHORIZED UNDER THIS PART OR BY THE BOARD TO FACILITATE
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THEIR ABILITY TO PERFORM REGULATORY AND OVERSIGHT FUNCTIONS
UNDER THIS CHAPTER.
(C) SUBMISSION TO BOARD.--THE SUBMISSION REQUIRED UNDER
SUBSECTION (A) SHALL INCLUDE A DETAILED DESCRIPTION OF THE
CASINO SIMULCASTING PERMIT HOLDER'S ADMINISTRATIVE AND
ACCOUNTING PROCEDURES RELATED TO CASINO SIMULCASTING, INCLUDING
ITS WRITTEN SYSTEM OF INTERNAL CONTROLS. EACH WRITTEN SYSTEM OF
INTERNAL CONTROLS SHALL INCLUDE:
(1) AN ORGANIZATIONAL CHART DEPICTING APPROPRIATE
FUNCTIONS AND RESPONSIBILITIES OF EMPLOYEES INVOLVED IN
CASINO SIMULCASTING.
(2) A DESCRIPTION OF THE DUTIES AND RESPONSIBILITIES OF
EACH POSITION SHOWN ON THE ORGANIZATIONAL CHART.
(3) THE RECORD RETENTION POLICY OF THE PERMIT HOLDER.
(4) THE PROCEDURE TO BE UTILIZED TO ENSURE THAT MONEY
GENERATED FROM THE CONDUCT OF CASINO SIMULCASTING ARE
SAFEGUARDED, INCLUDING MANDATORY COUNTING AND RECORDING
PROCEDURES.
(5) A STATEMENT SIGNED BY THE CASINO SIMULCASTING PERMIT
HOLDER'S CHIEF FINANCIAL OFFICER OR OTHER COMPETENT PERSON
ATTESTING THAT THE SIGNATORY BELIEVES, IN GOOD FAITH, THAT
THE SYSTEM SATISFIES THE REQUIREMENTS OF THIS SECTION.
(D) REVIEW.--PRIOR TO AUTHORIZING A PERMIT HOLDER TO CONDUCT
CASINO SIMULCASTING, THE BOARD, IN CONSULTATION WITH THE
COMMISSIONS, SHALL REVIEW THE SYSTEM OF INTERNAL CONTROLS
SUBMITTED UNDER SUBSECTION (C) TO DETERMINE WHETHER IT CONFORMS
TO THE REQUIREMENTS OF THIS SUBCHAPTER AND WHETHER IT PROVIDES
ADEQUATE AND EFFECTIVE CONTROLS FOR THE CONDUCT OF CASINO
SIMULCASTING.
(E) LICENSE OR REGISTRATION OF EMPLOYEES REQUIRED.--EXCEPT
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AS PROVIDED IN SECTION 13C15 (RELATING TO KEY EMPLOYEES AND
OCCUPATION PERMITS), PERSONS ENGAGED DIRECTLY IN WAGERING-
RELATED ACTIVITIES AT A SIMULCASTING FACILITY, WHETHER EMPLOYED
BY THE LICENSED GAMING ENTITY, A LICENSED CORPORATION OR BY A
PERSON OR ENTITY CONDUCTING CASINO SIMULCASTING UNDER AN
AGREEMENT WITH THE LICENSED GAMING ENTITY AND ALL OTHER
EMPLOYEES OF THE LICENSED GAMING ENTITY OR OF THE PERSON OR
ENTITY CONDUCTING CASINO SIMULCASTING WHO WORK OR WILL WORK IN
THE SIMULCASTING FACILITY SHALL BE LICENSED OR REGISTERED IN
ACCORDANCE WITH REGULATIONS PROMULGATED BY THE BOARD IN
COLLABORATION WITH THE COMMISSIONS.
§ 13C34. CONDITION OF CONTINUED OPERATION.
AS A CONDITION OF CONTINUED OPERATION, A CASINO SIMULCASTING
PERMIT HOLDER SHALL AGREE TO MAINTAIN ALL BOOKS, RECORDS AND
DOCUMENTS PERTAINING TO CASINO SIMULCASTING IN A MANNER AND
LOCATION WITHIN THIS COMMONWEALTH AS APPROVED BY THE BOARD, IN
CONSULTATION WITH THE APPROPRIATE COMMISSION. ALL BOOKS, RECORDS
AND DOCUMENTS RELATED TO CASINO SIMULCASTING SHALL:
(1) BE ORGANIZED IN A MANNER TO CLEARLY DEPICT BY
SEPARATE RECORD THE TOTAL AMOUNT OF MONEY CONTRIBUTED TO
EVERY PARI-MUTUEL POOL IN ACCORDANCE WITH THE RACE HORSE
INDUSTRY REFORM ACT AND ANY REGULATION PROMULGATED UNDER THE
RACE HORSE INDUSTRY REFORM ACT.
(2) BE SEGREGATED BY SEPARATE ACCOUNTS WITHIN THE
LICENSED GAMING ENTITY'S BOOKS, RECORDS AND DOCUMENTS, EXCEPT
FOR ANY BOOKS, RECORDS OR DOCUMENTS THAT ARE COMMON TO SLOT
MACHINE OPERATIONS, TABLE GAME OPERATIONS AND CASINO
SIMULCASTING, AS DETERMINED BY THE BOARD IN CONSULTATION WITH
THE APPROPRIATE COMMISSION.
(3) BE IMMEDIATELY AVAILABLE FOR INSPECTION UPON REQUEST
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OF THE BOARD, THE APPROPRIATE COMMISSION, THE BUREAU, THE
DEPARTMENT, THE PENNSYLVANIA STATE POLICE OR THE ATTORNEY
GENERAL, OR AGENTS THEREOF, DURING ALL HOURS OF OPERATION OF
THE PERMIT HOLDER'S SIMULCASTING FACILITY IN ACCORDANCE WITH
REGULATIONS PROMULGATED BY THE BOARD IN CONSULTATION WITH THE
COMMISSIONS.
(4) BE MAINTAINED FOR A PERIOD AS THE BOARD, IN
CONSULTATION WITH THE COMMISSIONS, BY REGULATION, MAY
REQUIRE.
§ 13C35. APPLICATION OF LIQUOR CODE.
THE PROVISIONS OF SECTION 493(24)(II) OF THE ACT OF APRIL 12,
1951 (P.L.90, NO.21), KNOWN AS THE LIQUOR CODE, SHALL ALSO APPLY
TO CASINO SIMULCASTING.
SUBCHAPTER E
FEES AND TAXES
SEC.
13C41. CASINO SIMULCASTING AUTHORIZATION FEE.
13C42. RETENTION AND DISTRIBUTION OF MONEY AND PARI-MUTUEL
POOLS.
13C43. CASINO SIMULCASTING TAXES.
§ 13C41. CASINO SIMULCASTING AUTHORIZATION FEE.
A CASINO SIMULCASTING PERMIT SHALL NOT BE SUBJECT TO THE
PAYMENT OF AN AUTHORIZATION FEE, RENEWAL OR THE PAYMENT OF AN
ADDITIONAL PERMIT FEE.
§ 13C42. RETENTION AND DISTRIBUTION OF MONEY AND PARI-MUTUEL
POOLS.
(A) WAGERS INCLUDED IN PARI-MUTUEL POOLS.--
(1) SUMS WAGERED AT A SIMULCASTING FACILITY ON THE
RESULTS OF A SIMULCAST HORSE RACE SHALL BE INCLUDED IN THE
APPROPRIATE PARI-MUTUEL POOL GENERATED FOR THE RACE BEING
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TRANSMITTED IN ACCORDANCE WITH SECTION 221 OF THE RACE HORSE
INDUSTRY REFORM ACT AND SHALL BE DISTRIBUTED IN ACCORDANCE
WITH SECTION 221 OF THE RACE HORSE INDUSTRY REFORM ACT OR ANY
REGULATIONS PROMULGATED UNDER SECTION 221 OF THE RACE HORSE
INDUSTRY REFORM ACT. ALL REMAINING MONEY SHALL BE PAID TO THE
GENERAL FUND.
(2) PAYMENTS TO PERSONS HOLDING WINNING TICKETS AT A
LICENSED FACILITY SHALL BE MADE ACCORDING TO THE SAME ODDS AS
THOSE GENERATED AT THE IN-STATE SENDING TRACK.
(3) A PERSON PLACING A WAGER ON A SIMULCAST HORSE RACE
AT A SIMULCASTING FACILITY SHALL NOT BE CHARGED A FEE FOR
PLACING THE WAGER IN ADDITION TO THE AMOUNT WAGERED.
(B) COMPUTATION OF MONEY WAGERED.--ALL MONEY WAGERED BY
PLAYERS ON HORSE RACE MEETINGS AT A SIMULCASTING FACILITY SHALL
BE COMPUTED IN THE AMOUNT OF MONEY WAGERED EACH RACING DAY FOR
PURPOSES OF TAXATION UNDER SECTION 222 OF THE RACE HORSE
INDUSTRY REFORM ACT, ALL THOROUGHBRED RACES SHALL BE CONSIDERED
A PART OF A THOROUGHBRED HORSE RACE MEETING AND ALL HARNESS
RACES SHALL BE CONSIDERED A PART OF A HARNESS HORSE RACE MEETING
FOR PURPOSES OF SECTION 222 OF THE RACE HORSE INDUSTRY REFORM
ACT.
§ 13C43. CASINO SIMULCASTING TAXES.
(A) IMPOSITION.--
(1) ALL LICENSED GAMING ENTITIES THAT CONDUCT CASINO
SIMULCASTING SHALL PAY A TAX THROUGH THE DEPARTMENT FOR
CREDIT TO THE GENERAL FUND.
(2) THE TAX IMPOSED ON ALL LICENSED GAMING ENTITIES
SHALL BE A PERCENTAGE TAX IN THE AMOUNT OF 2% OF THE AMOUNT
WAGERED EACH RACING DAY ON CASINO SIMULCASTING AND SHALL BE
PAID FROM THE MONEY RETAINED BY THE LICENSED GAMING ENTITY.
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THE TAX IMPOSED UNDER THIS PARAGRAPH SHALL BE PAID TO THE
DEPARTMENT ON A FORM AND IN THE MANNER PRESCRIBED BY THE
DEPARTMENT FOR DEPOSIT INTO THE GENERAL FUND.
(3) THE CASINO SIMULCASTING TAX IMPOSED UNDER THIS
SECTION SHALL BE PAID TO THE DEPARTMENT BY THE PERMIT HOLDER
FOR DEPOSIT IN THE GENERAL FUND.
(B) DEPOSITS AND DISTRIBUTIONS.--
(1) THE TAX IMPOSED UNDER SUBSECTION (A) SHALL BE
PAYABLE TO THE DEPARTMENT ON A WEEKLY BASIS AND SHALL BE
BASED UPON THE AMOUNTS RETAINED BY A LICENSED GAMING ENTITY
FROM THE AMOUNT WAGERED ON CASINO SIMULCASTING EACH RACING
DAY DURING THE PREVIOUS WEEK.
(2) ALL MONEY OWED TO THE COMMONWEALTH UNDER THIS
SECTION SHALL BE HELD IN TRUST FOR THE COMMONWEALTH BY THE
PERMIT HOLDER UNTIL THE FUNDS ARE PAID TO THE DEPARTMENT.
UNLESS OTHERWISE AGREED TO BY THE BOARD, A PERMIT HOLDER
SHALL ESTABLISH A SEPARATE BANK ACCOUNT INTO WHICH CASINO
SIMULCASTING REVENUE SHALL BE DEPOSITED AND MAINTAINED UNTIL
SUCH TIME AS THE FUNDS ARE PAID TO THE DEPARTMENT UNDER THIS
SECTION.
(3) THE TAX IMPOSED UNDER SUBSECTION (A) SHALL BE
DEPOSITED INTO THE GENERAL FUND.
CHAPTER 13D
SLOT MACHINES AT
NONPRIMARY LOCATIONS
SUBCHAPTER
A. GENERAL PROVISIONS
B. CATEGORY 1 LICENSED GAMING ENTITIES AND NONPRIMARY
LOCATIONS
C. APPLICATION AND ISSUANCE OF NONPRIMARY LOCATION PERMIT
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D. FEES AND TAXES
SUBCHAPTER A
GENERAL PROVISIONS
SEC.
13D01. (RESERVED).
13D02. AUTHORITY TO PLACE SLOT MACHINES AT NONPRIMARY
LOCATIONS.
13D03. TEMPORARY REGULATIONS.
§ 13D01. (RESERVED).
§ 13D02. AUTHORITY TO PLACE SLOT MACHINES AT NONPRIMARY
LOCATIONS.
(A) PLACEMENT OF SLOT MACHINES AT NONPRIMARY LOCATIONS.--
NOTWITHSTANDING ANY PROVISION OF THIS PART, THE RACE HORSE
INDUSTRY REFORM ACT OR ANY OTHER LAW OR REGULATION TO THE
CONTRARY, A CATEGORY 1 LICENSED GAMING ENTITY THAT IS A LICENSED
CORPORATION UNDER THE RACE HORSE INDUSTRY REFORM ACT SHALL APPLY
TO THE BOARD FOR A NONPRIMARY LOCATION PERMIT TO PLACE AND MAKE
SLOT MACHINES AVAILABLE FOR PLAY AT NONPRIMARY LOCATIONS.
(B) DUTY OF THE BOARD AND COMMISSIONS.--THE BOARD SHALL HAVE
GENERAL AND REGULATORY AUTHORITY OVER THE PLACEMENT AND
OPERATION OF SLOT MACHINES AT NONPRIMARY LOCATIONS AND SHALL, IN
CONSULTATION WITH THE COMMISSIONS, PROMULGATE REGULATIONS TO
GOVERN THE PLACEMENT AND OPERATION OF SLOT MACHINES AT
NONPRIMARY LOCATIONS. EXCEPT THAT, ANY REGULATIONS SPECIFIC TO
THE OPERATION OF NONPRIMARY LOCATIONS BY LICENSED CORPORATIONS
PROMULGATED UNDER 58 PA. CODE CH. 171 (RELATING TO NONPRIMARY
LOCATIONS) SHALL BE ADOPTED AS REGULATIONS UNDER THIS CHAPTER,
UNLESS THE BOARD AND THE COMMISSIONS DETERMINE THAT SUCH
REGULATIONS ARE NOT SUFFICIENT FOR THE ADMINISTRATION AND
ENFORCEMENT OF THIS CHAPTER. IN THAT EVENT, THE BOARD SHALL, IN
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CONSULTATION WITH THE COMMISSIONS, PROMULGATE SUCH REGULATIONS
SPECIFIC TO THE OPERATION OF SLOT MACHINES AT NONPRIMARY
LOCATIONS AS THE BOARD AND COMMISSIONS DEEM NECESSARY TO
FACILITATE THE ADMINISTRATION AND ENFORCEMENT OF THIS CHAPTER.
§ 13D03. TEMPORARY REGULATIONS.
(A) PROMULGATION.--IN ORDER TO FACILITATE THE PROMPT
IMPLEMENTATION OF THIS CHAPTER, REGULATIONS PROMULGATED BY THE
BOARD OR THE COMMISSIONS SHALL BE DEEMED TEMPORARY REGULATIONS
WHICH SHALL EXPIRE NOT LATER THAN TWO YEARS AFTER THE
PUBLICATION OF THE TEMPORARY REGULATION IN THE PENNSYLVANIA
BULLETIN. 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) SECTIONS 204(B) AND 301(10) OF THE ACT OF OCTOBER
15, 1980 (P.L.950, NO.164), KNOWN AS THE COMMONWEALTH
ATTORNEYS ACT.
(3) THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS
THE REGULATORY REVIEW ACT.
(B) EXPIRATION.--THE AUTHORITY OF THE BOARD AND THE
COMMISSIONS 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.
(C) TEMPORARY REGULATIONS.--THE BOARD AND THE COMMISSIONS
SHALL BEGIN PUBLISHING TEMPORARY REGULATIONS GOVERNING PLACEMENT
AND OPERATION OF SLOT MACHINES AT NONPRIMARY LOCATIONS IN THE
PENNSYLVANIA BULLETIN NO LATER THAN FEBRUARY 1, 2016.
SUBCHAPTER B
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CATEGORY 1 LICENSED GAMING ENTITIES
AND NONPRIMARY LOCATIONS
SEC.
13D07. AUTHORITY TO PLACE SLOT MACHINES AT NONPRIMARY
LOCATIONS.
§ 13D07. AUTHORITY TO PLACE SLOT MACHINES AT NONPRIMARY
LOCATIONS.
(A) CATEGORY 1 LICENSED GAMING ENTITY AND OPERATION OF SLOT
MACHINES AT NONPRIMARY LOCATIONS.--THE FOLLOWING SHALL APPLY:
(1) EACH CATEGORY 1 LICENSED GAMING ENTITY UNDER SECTION
13D02 (RELATING TO AUTHORITY TO PLACE SLOT MACHINES AT
NONPRIMARY LOCATIONS) THAT IS AUTHORIZED TO HOLD HORSE RACE
MEETINGS AT A RACETRACK AT WHICH MORE THAN ONE LICENSE IS
AUTHORIZED UNDER THE RACE HORSE INDUSTRY REFORM ACT MAY BE
GRANTED APPROVAL TO PLACE AND MAKE SLOT MACHINES AVAILABLE
FOR PLAY AT FOUR NONPRIMARY LOCATIONS, IF THE BOARD, IN
CONSULTATION WITH THE APPROPRIATE COMMISSION, DETERMINES THAT
A NONPRIMARY LOCATION NEWLY PROPOSED OR APPROVED IN
ACCORDANCE WITH REGULATIONS OF THE APPROPRIATE COMMISSION
WILL BENEFIT ECONOMIC DEVELOPMENT, EMPLOYMENT, TOURISM, THE
RACE HORSE INDUSTRY AND RESULT IN ENHANCED REVENUES TO THE
COMMONWEALTH AND THE MUNICIPALITY WHERE THE NEWLY PROPOSED OR
APPROVED NONPRIMARY LOCATION WILL BE OR IS SITUATED.
(2) EACH CATEGORY 1 LICENSED GAMING ENTITY UNDER SECTION
13D02 THAT IS AUTHORIZED TO HOLD HORSE RACE MEETINGS AT A
RACETRACK AT WHICH ONLY ONE LICENSE IS AUTHORIZED UNDER THE
RACE HORSE INDUSTRY REFORM ACT MAY BE GRANTED APPROVAL TO
PLACE AND MAKE SLOT MACHINES AVAILABLE FOR PLAY AT FOUR
NONPRIMARY LOCATIONS, IF THE BOARD, IN CONSULTATION WITH THE
APPROPRIATE COMMISSION, DETERMINES THAT A NONPRIMARY LOCATION
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NEWLY PROPOSED OR APPROVED IN ACCORDANCE WITH REGULATIONS OF
THE APPROPRIATE COMMISSION WILL BENEFIT ECONOMIC DEVELOPMENT,
EMPLOYMENT, TOURISM, THE RACE HORSE INDUSTRY AND RESULT IN
ENHANCED REVENUES TO THE COMMONWEALTH AND THE MUNICIPALITY
WHERE THE NEWLY PROPOSED OR APPROVED NONPRIMARY LOCATION WILL
BE OR IS SITUATED.
(3) NOTWITHSTANDING PARAGRAPHS (1) AND (2) OR THE RACE
HORSE INDUSTRY REFORM ACT, A RACETRACK LOCATION AT WHICH MORE
THAN ONE LICENSED CORPORATION IS AUTHORIZED MAY BE AUTHORIZED
TO PLACE AND MAKE SLOT MACHINES AVAILABLE FOR PLAY AT NO MORE
THAN FOUR NONPRIMARY LOCATIONS, AND A RACETRACK LOCATION AT
WHICH ONLY ONE LICENSED CORPORATION IS AUTHORIZED SHALL BE
AUTHORIZED TO PLACE AND MAKE SLOT MACHINES AVAILABLE FOR PLAY
AT NO MORE THAN FOUR NONPRIMARY LOCATIONS.
(4) A CATEGORY 1 LICENSED GAMING ENTITY, WHICH IS ALSO A
LICENSED CORPORATION AS SET FORTH IN SECTION 13D02(A), SHALL
NOT BE AUTHORIZED TO PLACE AND MAKE SLOT MACHINES AVAILABLE
FOR PLAY AT ANY NONPRIMARY LOCATION WHICH IS WITHIN THE
PRIMARY MARKET AREA OF ANOTHER LICENSED CORPORATION,
REGARDLESS OF WHETHER THE LICENSED CORPORATION IS AUTHORIZED
TO CONDUCT HORSE RACE MEETINGS OR HARNESS HORSE RACE
MEETINGS, OR BOTH, AT THE RACETRACK LOCATION OF ITS LICENSED
CORPORATION.
(5) NO CATEGORY 1 LICENSED GAMING ENTITY, WHICH IS ALSO
A LICENSED CORPORATION AS SET FORTH IN SECTION 13D02(A),
SHALL BE AUTHORIZED TO PLACE AND MAKE SLOT MACHINES AVAILABLE
FOR PLAY AT A NONPRIMARY LOCATION WHICH IS LOCATED WITHIN 50
LINEAR MILES OF ANOTHER LICENSED FACILITY OR ANOTHER
NONPRIMARY LOCATION.
(6) A NONPRIMARY LOCATION MAY BE LOCATED AT A DISTANCE
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THAT IS LESS THAN THE DISTANCES PROVIDED UNDER PARAGRAPH (5)
IF THE LICENSED CORPORATION OWNS THE NONPRIMARY LOCATION OR
THE LICENSED GAMING ENTITY ENTERS INTO AN AGREEMENT WITH
ANOTHER LICENSED GAMING ENTITY AND THE AGREEMENT IS FILED
WITH THE COMMISSION AND THE BOARD.
(7) A CATEGORY 1 LICENSED GAMING ENTITY THAT PLACES AND
MAKES SLOT MACHINES AVAILABLE FOR PLAY AT A NONPRIMARY
LOCATION SHALL BE SUBJECT TO THE REQUIREMENTS OF SECTION
1303(A), (B) AND (D) (RELATING TO ADDITIONAL CATEGORY 1 SLOT
MACHINE LICENSE REQUIREMENTS).
(B) EXISTING AND NEWLY ESTABLISHED NONPRIMARY LOCATIONS.--
NOTWITHSTANDING ANY PROVISION OF THE RACE HORSE INDUSTRY REFORM
ACT OR ANY OTHER LAW OR REGULATION TO THE CONTRARY, THE
FOLLOWING SHALL APPLY:
(1) A LICENSED CORPORATION THAT OPERATED NONPRIMARY
LOCATIONS PRIOR TO THE EFFECTIVE DATE OF THIS SUBSECTION
SHALL NOT BE PROHIBITED FROM REOPENING A PREVIOUSLY CLOSED
NONPRIMARY LOCATION OR RELOCATING AN EXISTING NONPRIMARY
LOCATION IN ORDER TO PLACE AND MAKE SLOT MACHINES AVAILABLE
FOR PLAY IN A REOPENED OR RELOCATED NONPRIMARY LOCATION:
PROVIDED, THAT, THE PREVIOUSLY CLOSED OR A RELOCATED
NONPRIMARY LOCATION COMPLIES WITH THE LOCATION REQUIREMENTS
SET FORTH IN SUBSECTION (A)(4), (5) AND (6).
(2) A LICENSED CORPORATION MAY ESTABLISH A NEW
NONPRIMARY LOCATION IN ACCORDANCE WITH THE RACE HORSE
INDUSTRY REFORM ACT IN ORDER TO PLACE AND MAKE SLOT MACHINES
AVAILABLE FOR PLAY AND OPERATE RACE HORSE SIMULCASTING:
PROVIDED, THAT, THE NEW NONPRIMARY LOCATION COMPLIES WITH THE
LOCATION REQUIREMENTS SET FORTH IN SUBSECTION (A)(4), (5) AND
(6).
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(C) PERMISSIBLE NUMBER OF SLOT MACHINES.--
(1) NOTWITHSTANDING SECTION 1210 (RELATING TO NUMBER OF
SLOT MACHINES), A CATEGORY 1 LICENSED GAMING ENTITY, UPON
APPROVAL OF THE BOARD AND REMITTANCE OF THE FEE UNDER SECTION
13D17 (RELATING TO NONPRIMARY LOCATION PERMIT FEE), MAY PLACE
AND MAKE AVAILABLE FOR PLAY NO MORE THAN 250 SLOT MACHINES AT
A NONPRIMARY LOCATION.
(2) THE PERMISSIBLE NUMBER OF SLOT MACHINES THAT MAY BE
PLACED AND MADE AVAILABLE FOR PLAY AT A NONPRIMARY LOCATION
UNDER THIS SUBSECTION SHALL NOT BE INCLUDED IN THE COMPLEMENT
OF SLOT MACHINES AUTHORIZED FOR A CATEGORY 1 LICENSED
FACILITY UNDER SECTION 1210.
(3) IN DETERMINING THE PERMISSIBLE NUMBER OF SLOT
MACHINES THAT MAY BE PLACED AT A NONPRIMARY LOCATION IN
ACCORDANCE WITH THIS SUBSECTION, THE BOARD SHALL CONSIDER THE
APPROPRIATENESS OF THE PHYSICAL SPACE OF THE NONPRIMARY
LOCATION WHERE THE SLOT MACHINES WILL BE PLACED AND THE
CONVENIENCE OF THE PUBLIC PATRONIZING THE NONPRIMARY
LOCATION. THE BOARD MAY ALSO CONSIDER THE POTENTIAL BENEFIT
TO ECONOMIC DEVELOPMENT, EMPLOYMENT, TOURISM, THE RACE HORSE
INDUSTRY AND ENHANCED REVENUES TO THE COMMONWEALTH AND THE
MUNICIPALITY WHERE THE NONPRIMARY LOCATION IS SITUATED.
SUBCHAPTER C
APPLICATION AND ISSUANCE OF
NONPRIMARY LOCATION PERMIT
SEC.
13D11. APPLICATION FOR NONPRIMARY LOCATION PERMIT.
13D12. ISSUANCE AND TERMS OF NONPRIMARY LOCATION PERMIT.
13D13. CONFIDENTIALITY.
13D14. KEY EMPLOYEES AND OCCUPATION PERMITS.
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§ 13D11. APPLICATION FOR NONPRIMARY LOCATION PERMIT.
(A) APPLICATION.--AN APPLICATION FOR A NONPRIMARY LOCATION
PERMIT TO PLACE AND MAKE SLOT MACHINES AVAILABLE FOR PLAY AT A
NONPRIMARY LOCATION SHALL BE SUBMITTED ON A FORM AND IN A MANNER
AS SHALL BE REQUIRED BY THE BOARD. IN REVIEWING AND APPROVING
EACH APPLICATION, THE BOARD SHALL:
(1) ENSURE THAT THE PROPOSED LOCATION OF THE NONPRIMARY
LOCATION COMPLIES WITH THE LOCATION REQUIREMENTS SET FORTH IN
SECTION 13D07(A)(4), (5) AND (6) (RELATING TO AUTHORITY TO
PLACE SLOT MACHINES AT NONPRIMARY LOCATIONS).
(2) CONFIRM THAT THE NONPRIMARY LOCATION PERMIT FEE
UNDER SECTION 13D17 (RELATING TO NONPRIMARY LOCATION PERMIT
FEE) HAS BEEN PAID OR WILL BE PAID IN ACCORDANCE SECTION
13D17.
(B) REQUIRED INFORMATION.--AN APPLICATION FOR A NONPRIMARY
LOCATION PERMIT SHALL INCLUDE, AT A MINIMUM:
(1) THE NAME OF THE CATEGORY 1 SLOT MACHINE LICENSEE AND
THE LICENSED CORPORATION AND LOCATION OF THE EXISTING
NONPRIMARY LOCATION, IF ANY, OR THE LOCATION OF ANY PROPOSED
RELOCATED OR NEW NONPRIMARY LOCATION.
(2) THE NAME, ADDRESS AND CURRENT PHOTOGRAPH OF THE
APPLICANT AND OF ALL DIRECTORS AND OWNERS AND KEY EMPLOYEES
AND THEIR POSITIONS WITHIN THE LICENSED CORPORATION, IF
REQUIRED BY THE BOARD.
(3) THE PROPOSED LOCATION OF THE SLOT MACHINE AREA OR
AREAS IN THE NONPRIMARY LOCATION, IF KNOWN.
(4) DETAILED SITE AND ARCHITECTURAL PLANS OF THE
PROPOSED AREA OR AREAS WITHIN THE NONPRIMARY LOCATION WHERE
SLOT MACHINES WILL BE PLACED AND MADE AVAILABLE FOR PLAY.
(5) THE NUMBER OF SLOT MACHINES REQUESTED.
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(6) THE CURRENT STATUS OF THE HORSE RACING OR HARNESS
HORSE RACING LICENSE ISSUED PURSUANT TO THE RACE HORSE
INDUSTRY REFORM ACT, IF REQUIRED BY THE BOARD.
(7) THE CURRENT STATUS OF THE SLOT MACHINE LICENSE
ISSUED UNDER THIS PART, IF REQUIRED BY THE BOARD.
(8) THE DETAILS OF ANY LOANS OR OTHER FINANCING OBTAINED
OR THAT WILL BE OBTAINED TO FUND AN EXPANSION, MODIFICATION
OR CONSTRUCTION PROJECT AT AN EXISTING NONPRIMARY LOCATION, A
RELOCATED NONPRIMARY LOCATION OR A PROPOSED OR NEWLY APPROVED
NONPRIMARY LOCATION TO ACCOMMODATE SLOT MACHINES AT THE
NONPRIMARY LOCATION.
(9) THE CONSENT TO CONDUCT A BACKGROUND INVESTIGATION BY
THE BUREAU, THE SCOPE OF WHICH SHALL BE DETERMINED BY THE
BUREAU AT ITS DISCRETION CONSISTENT WITH THE PROVISIONS OF
THIS PART, AND A RELEASE SIGNED BY ALL PERSONS SUBJECT TO THE
INVESTIGATION OF ALL INFORMATION REQUIRED TO COMPLETE THE
INVESTIGATION, IF THE BUREAU, AT ITS DISCRETION, DETERMINES
THAT A BACKGROUND INVESTIGATION IS NECESSARY UNDER THIS
CHAPTER.
(10) ANY OTHER INFORMATION DETERMINED TO BE NECESSARY
AND APPROPRIATE BY THE BOARD.
§ 13D12. ISSUANCE AND TERMS OF NONPRIMARY LOCATION PERMIT.
(A) ISSUANCE OF PERMIT.--UPON APPROVAL OF AN APPLICATION FOR
A NONPRIMARY LOCATION PERMIT AND PAYMENT OF THE NONPRIMARY
LOCATION PERMIT FEE UNDER SECTION 13D17 (RELATING TO NONPRIMARY
LOCATION PERMIT FEE), THE BOARD SHALL ISSUE A NONPRIMARY
LOCATION PERMIT TO A CATEGORY 1 LICENSED GAMING ENTITY
AUTHORIZING IT TO PLACE AND MAKE SLOT MACHINES AVAILABLE FOR
PLAY AT A NONPRIMARY LOCATION.
(B) TERMS OF PERMIT.--A NONPRIMARY LOCATION PERMIT APPROVED
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AND ISSUED BY THE BOARD IN ACCORDANCE WITH SUBSECTION (A) SHALL
BE IN EFFECT UNLESS SUSPENDED OR REVOKED BY THE BOARD UPON GOOD
CAUSE CONSISTENT WITH THE REQUIREMENTS OF THIS PART, REGULATIONS
PROMULGATED PURSUANT TO THIS PART OR REGULATIONS OF THE
APPROPRIATE COMMISSION.
(C) NOTIFICATION OF CHANGE IN STATUS.--NOTHING IN THIS
SECTION SHALL RELIEVE A NONPRIMARY LOCATION PERMIT HOLDER OF THE
AFFIRMATIVE DUTY TO NOTIFY THE BOARD OF ANY CHANGES RELATING TO
THE STATUS OF ITS NONPRIMARY LOCATION PERMIT, ITS LICENSE ISSUED
UNDER THE RACE HORSE INDUSTRY REFORM ACT OR TO ANY OTHER
INFORMATION CONTAINED IN THE APPLICATION MATERIALS ON FILE WITH
THE BOARD.
§ 13D13. CONFIDENTIALITY.
INFORMATION SUBMITTED TO THE BOARD UNDER SECTION 13D11
(RELATING TO APPLICATION FOR NONPRIMARY LOCATION PERMIT) MAY BE
CONSIDERED CONFIDENTIAL BY THE BOARD IF THE INFORMATION WOULD BE
CONFIDENTIAL UNDER SECTION 1206(F) (RELATING TO BOARD MINUTES
AND RECORDS).
§ 13D14. KEY EMPLOYEES AND OCCUPATION PERMITS.
NOTHING IN THIS SUBCHAPTER SHALL BE CONSTRUED TO REQUIRE ANY
INDIVIDUAL WHO HOLDS A PRINCIPAL LICENSE, A KEY EMPLOYEE LICENSE
OR GAMING EMPLOYEE LICENSE UNDER CHAPTERS 13 (RELATING TO
LICENSEES) AND 13A (RELATING TO TABLE GAMES) OR WHO HOLDS A
LICENSE UNDER SECTION 213 OF THE RACE HORSE INDUSTRY REFORM ACT
TO OBTAIN A SEPARATE LICENSE, PERMIT OR REGISTRATION TO BE
EMPLOYED IN A PERMIT HOLDER'S SLOT MACHINE OPERATION AT A
NONPRIMARY LOCATION UNDER THIS CHAPTER, IF THE BOARD DETERMINES,
IN CONSULTATION WITH THE COMMISSIONS, THAT LICENSURE UNDER THE
PROVISIONS OF THIS PART OR THE RACE HORSE INDUSTRY REFORM ACT IS
SUFFICIENT AND WILL NOT COMPROMISE THE INTEGRITY OF THE
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OPERATION OF SLOT MACHINES AT NONPRIMARY LOCATIONS.
SUBCHAPTER D
FEES AND TAXES
SEC.
13D17. NONPRIMARY LOCATION PERMIT FEE.
13D18. NONPRIMARY LOCATION TAXES, IMPOSITION, DEPOSITS AND
DISTRIBUTIONS.
§ 13D17. NONPRIMARY LOCATION PERMIT FEE.
(A) AMOUNT OF FEE.--AT THE TIME A NONPRIMARY LOCATION PERMIT
IS ISSUED UNDER SECTION 13D12(A) (RELATING TO ISSUANCE AND TERMS
OF NONPRIMARY LOCATION PERMIT), THE BOARD SHALL IMPOSE A ONE-
TIME FEE OF $5,000,000 TO BE PAID BY THE CATEGORY 1 LICENSED
GAMING ENTITY FOR EACH NONPRIMARY LOCATION WHERE IT WILL PLACE
AND MAKE SLOT MACHINES AVAILABLE FOR PLAY.
(B) RENEWAL FEE NOT REQUIRED.--A NONPRIMARY LOCATION PERMIT
SHALL NOT BE SUBJECT TO RENEWAL OR PAYMENT OF ANY NONPRIMARY
LOCATION PERMIT RENEWAL FEE.
(C) DEPOSIT OF FEE INTO GENERAL FUND.--NOTWITHSTANDING
SECTION 1208 (RELATING TO COLLECTION OF FEES AND FINES), ALL
NONPRIMARY LOCATION PERMIT FEES AND PENALTIES COLLECTED BY THE
BOARD UNDER THIS SUBSECTION SHALL BE DEPOSITED IN THE GENERAL
FUND.
§ 13D18. NONPRIMARY LOCATION TAXES, IMPOSITION, DEPOSITS AND
DISTRIBUTIONS.
(A) IMPOSITION.--THE DEPARTMENT SHALL DETERMINE AND EACH
NONPRIMARY LOCATION PERMIT HOLDER SHALL PAY A DAILY TAX OF 54%
FROM ITS DAILY GROSS TERMINAL REVENUE FROM THE SLOT MACHINES IN
OPERATION AT ITS NONPRIMARY LOCATION.
(B) DISTRIBUTION.--
(1) THE TAX IMPOSED AND COLLECTED UNDER SUBSECTION (A)
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SHALL BE DISTRIBUTED AS FOLLOWS:
(I) NINETY-TWO PERCENT OF THE TAX SHALL BE DEPOSITED
BY THE DEPARTMENT IN THE GENERAL FUND.
(II) EIGHT PERCENT SHALL CONSTITUTE A LOCAL SHARE
ASSESSMENT AND BE DISTRIBUTED BY THE DEPARTMENT ON A
QUARTERLY BASIS AS FOLLOWS:
(A) FOUR PERCENT TO THE COUNTY IN WHICH THE
NONPRIMARY LOCATION IS LOCATED.
(B) FOUR PERCENT TO THE MUNICIPALITY IN WHICH
THE NONPRIMARY LOCATION IS LOCATED.
(2) ALL MONEY OWED TO THE COMMONWEALTH, A COUNTY OR A
MUNICIPALITY UNDER THIS SECTION SHALL BE HELD IN TRUST BY THE
LICENSED CORPORATION OR LICENSED GAMING ENTITY FOR THE
COMMONWEALTH, COUNTY OR MUNICIPALITY UNTIL ALL FUNDS ARE
DISTRIBUTED BY THE DEPARTMENT IN ACCORDANCE WITH THIS
SUBSECTION.
(C) PAYMENTS AND DEPOSITS.--
(1) THE TAX IMPOSED UNDER SUBSECTION (A) SHALL BE
PAYABLE TO THE DEPARTMENT ON A WEEKLY BASIS AND SHALL BE
BASED UPON GROSS SLOT MACHINE REVENUE DERIVED FROM THE
OPERATION OF SLOT MACHINES AT A NONPRIMARY LOCATION DURING
THE PREVIOUS WEEK.
(2) ALL MONEY OWED TO THE COMMONWEALTH AND COLLECTED BY
THE DEPARTMENT IN ACCORDANCE WITH THIS SUBCHAPTER SHALL BE
DEPOSITED IN THE GENERAL FUND.
CHAPTER 13E
SLOT MACHINES IN QUALIFIED AIRPORTS
SUBCHAPTER
A. PRELIMINARY PROVISIONS
B. AIRPORT GAMING AUTHORIZED
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C. CONDUCT OF AIRPORT GAMING
D. AIRPORT GAMING FEES AND TAXES
E. MISCELLANEOUS PROVISIONS
SUBCHAPTER A
PRELIMINARY PROVISIONS
SEC.
13E01. DEFINITIONS.
§ 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:
"AIRPORT AUTHORITY." THE GOVERNING BODY OF A MUNICIPAL
AUTHORITY ORGANIZED AND INCORPORATED IN ACCORDANCE WITH 53
PA.C.S. CH. 56 (RELATING TO MUNICIPAL AUTHORITIES) TO OVERSEE
THE OPERATIONS OF A QUALIFIED AIRPORT. THE TERM SHALL INCLUDE
THE GOVERNING BODY OF ANY JOINT MUNICIPAL AUTHORITY WHICH
OPERATES A QUALIFIED AIRPORT AND THE GOVERNING BODY OF A CITY OF
THE FIRST CLASS WHICH OWNS AND OPERATES A QUALIFIED AIRPORT
LOCATED IN A COUNTY OF THE FIRST CLASS.
"AIRPORT GAMING." THE LICENSED PLACEMENT, OPERATION AND PLAY
OF SLOT MACHINES IN A QUALIFIED AIRPORT AS AUTHORIZED AND
APPROVED BY THE BOARD.
"AIRPORT GAMING CERTIFICATE HOLDER." THE AUTHORIZATION
ISSUED UNDER THIS CHAPTER TO CONDUCT AIRPORT GAMING.
"AIRPORT GAMING OPERATION CERTIFICATE." A CERTIFICATE ISSUED
BY THE PENNSYLVANIA GAMING CONTROL BOARD UNDER CHAPTER 13B
(RELATING TO INTERACTIVE GAMING) THAT AUTHORIZES A SLOT MACHINE
LICENSEE TO CONDUCT AIRPORT GAMING IN ACCORDANCE WITH THIS
CHAPTER.
"AIRPORT GAMING REVENUE." THE DAILY GROSS TERMINAL REVENUE
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DERIVED FROM THE CONDUCT OF AIRPORT GAMING.
"QUALIFIED AIRPORT." A PUBLICLY OWNED COMMERCIAL SERVICE
AIRPORT THAT IS DESIGNATED BY THE FEDERAL GOVERNMENT AS AN
INTERNATIONAL AIRPORT.
"SPECIFIED AREA." THE SECURE AREA OF A QUALIFIED AIRPORT
WHERE SLOT MACHINES ARE PLACED AND MADE AVAILABLE TO PLAY AND
MEMBERS OF THE PUBLIC, OTHER THAN PASSENGERS, ARE PROHIBITED
FROM ENTERING.
SUBCHAPTER B
AIRPORT GAMING AUTHORIZED
SEC.
13E11. AUTHORIZATION.
13E12. APPLICATION.
13E13. STANDARD FOR REVIEW OF APPLICATIONS.
13E14. APPROVAL OF APPLICATION.
13E15. AIRPORT GAMING OPERATION CERTIFICATE.
13E16. TIMING OF INITIAL AIRPORT GAMING AUTHORIZATIONS.
§ 13E11. AUTHORIZATION.
(A) GENERAL RULE.--UPON APPLICATION OF A SLOT MACHINE
LICENSEE, THE BOARD MAY AUTHORIZE THE SLOT MACHINE LICENSEE TO
CONDUCT AIRPORT GAMING. A SLOT MACHINE LICENSEE SEEKING
AUTHORIZATION TO CONDUCT AIRPORT GAMING MUST ENTER INTO AN
AGREEMENT WITH THE GOVERNING BODY OF A QUALIFIED AIRPORT AND
SUBMIT THE AGREEMENT TO THE BOARD FOR APPROVAL. NO PERSON SHALL
CAUSE OR MAKE SLOT MACHINES AVAILABLE FOR PLAY AT A QUALIFIED
AIRPORT WITHOUT FIRST OBTAINING AN AIRPORT GAMING CERTIFICATE IN
ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER.
(B) CONDITIONS.--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
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ANY OTHER CONDITIONS ESTABLISHED BY THE BOARD. THE AGREEMENT
SHALL SPECIFY THE FEES TO BE PAID TO THE QUALIFIED AIRPORT BY
THE SLOT MACHINE LICENSEE FOR THE PRIVILEGE OF CONDUCTING
AIRPORT GAMING. NOTHING IN THIS PART SHALL BE CONSTRUED TO
CREATE A SEPARATE LICENSE GOVERNING THE CONDUCT OF AIRPORT
GAMING BY SLOT MACHINE LICENSEES WITHIN THIS COMMONWEALTH.
(C) NUMBER OF SLOT MACHINES.--THE BOARD SHALL APPROVE THE
MAXIMUM NUMBER OF SLOT MACHINES THAT A SLOT MACHINE LICENSEE MAY
OPERATE AT A QUALIFIED AIRPORT. THE BOARD, IN MAKING ITS
DETERMINATION, SHALL CONSIDER THE PHYSICAL SPACE WHERE THE SLOT
MACHINES WILL BE LOCATED AND THE CONVENIENCE OF PASSENGERS. THE
BOARD MAY ALSO CONSIDER THE POTENTIAL EMPLOYMENT, ENHANCED
REVENUES TO THE COMMONWEALTH AND OTHER ECONOMIC INDICATORS IT
DEEMS APPLICABLE IN MAKING ITS DECISION.
§ 13E12. APPLICATION.
(A) INFORMATION TO BE PROVIDED.--AN APPLICANT SEEKING
AUTHORIZATION TO CONDUCT AIRPORT GAMING SHALL PROVIDE THE
FOLLOWING INFORMATION TO THE BOARD:
(1) THE NAME, BUSINESS ADDRESS AND CONTACT INFORMATION
OF THE APPLICANT.
(2) THE NAME AND BUSINESS ADDRESS, JOB TITLE AND A
PHOTOGRAPH OF EACH PRINCIPAL AND KEY EMPLOYEE OF THE
APPLICANT WHO WILL BE INVOLVED IN THE CONDUCT OF AIRPORT
GAMING AND WHO IS NOT CURRENTLY LICENSED BY THE BOARD, IF
KNOWN.
(3) THE NUMBER OF SLOT MACHINES FOR WHICH AUTHORIZATION
IS BEING SOUGHT.
(4) THE ESTIMATED NUMBER OF FULL-TIME AND PART-TIME
EMPLOYMENT POSITIONS THAT WILL BE CREATED AT THE QUALIFIED
AIRPORT IF THE SLOT MACHINE LICENSEE IS AUTHORIZED TO OPERATE
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SLOT MACHINES UNDER THIS CHAPTER AND AN UPDATED HIRING PLAN
UNDER SECTION 1510(A) (RELATING TO LABOR HIRING PREFERENCES)
WHICH OUTLINES THE APPLICANT'S PLAN TO PROMOTE THE EMPLOYMENT
REPRESENTATION OF DIVERSE GROUPS AND COMMONWEALTH RESIDENTS.
(5) THE DETAILS OF ANY FINANCING OBTAINED OR THAT WILL
BE OBTAINED TO FUND AN EXPANSION OR MODIFICATION OF THE
QUALIFIED AIRPORT TO ACCOMMODATE THE CONDUCT OF AIRPORT
GAMING AND TO OTHERWISE FUND THE COST OF COMMENCING AIRPORT
GAMING OPERATIONS.
(6) INFORMATION AND DOCUMENTATION CONCERNING FINANCIAL
BACKGROUND AND RESOURCES, AS THE BOARD MAY REQUIRE, TO
ESTABLISH BY CLEAR AND CONVINCING EVIDENCE THE FINANCIAL
STABILITY, INTEGRITY AND RESPONSIBILITY OF THE APPLICANT.
(7) INFORMATION AND DOCUMENTATION, AS THE BOARD MAY
REQUIRE, TO ESTABLISH BY CLEAR AND CONVINCING EVIDENCE THAT
THE APPLICANT HAS SUFFICIENT BUSINESS ABILITY AND EXPERIENCE
TO CONDUCT AIRPORT GAMING. IN MAKING THIS DETERMINATION, THE
BOARD MAY CONSIDER THE RESULTS OF THE APPLICANT'S SLOT
MACHINE OPERATION, INCLUDING FINANCIAL INFORMATION,
EMPLOYMENT DATA AND CAPITAL INVESTMENT.
(8) INFORMATION AND DOCUMENTATION, AS THE BOARD MAY
REQUIRE, TO ESTABLISH BY CLEAR AND CONVINCING EVIDENCE THAT
THE APPLICANT HAS OR WILL HAVE THE FINANCIAL ABILITY TO PAY
THE REQUIRED FEE UNDER SECTION 13E51 (RELATING TO FEES).
(9) DETAILED SITE PLANS IDENTIFYING THE APPLICANT'S
PROPOSED SPECIFIED AREA.
(10) A COPY OF THE AGREEMENT ENTERED INTO BY THE SLOT
MACHINE LICENSEE AND THE QUALIFIED AIRPORT.
(11) OTHER INFORMATION AS THE BOARD MAY REQUIRE.
(B) CONFIDENTIALITY.--INFORMATION SUBMITTED TO THE BOARD
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UNDER SUBSECTION (A)(6), (7), (9), (10) AND (11) MAY BE
CONSIDERED CONFIDENTIAL BY THE BOARD IF THE INFORMATION WOULD BE
CONFIDENTIAL UNDER SECTION 1206(F) (RELATING TO BOARD MINUTES
AND RECORDS).
§ 13E13. STANDARD FOR REVIEW OF APPLICATIONS.
THE BOARD SHALL APPROVE AN APPLICATION IF THE APPLICANT
ESTABLISHES, BY CLEAR AND CONVINCING EVIDENCE, ALL OF THE
FOLLOWING:
(1) THE APPLICANT'S SLOT MACHINE LICENSE IS IN GOOD
STANDING WITH THE BOARD.
(2) THE APPLICANT POSSESSES ADEQUATE FUNDS OR HAS
SECURED ADEQUATE FINANCING TO:
(I) FUND ANY NECESSARY EXPANSION OR MODIFICATION OF
THE QUALIFIED AIRPORT TO ACCOMMODATE THE CONDUCT OF
AIRPORT GAMING IF REQUIRED IN THE AGREEMENT WITH THE
GOVERNING BODY OF THE AIRPORT AUTHORITY.
(II) PAY THE REQUIRED FEE IN ACCORDANCE WITH SECTION
13E51 (RELATING TO FEES).
(III) COMMENCE AIRPORT GAMING OPERATIONS AT THE
QUALIFIED AIRPORT.
(3) THE APPLICANT HAS THE FINANCIAL STABILITY, INTEGRITY
AND RESPONSIBILITY TO CONDUCT AIRPORT GAMING.
(4) THE APPLICANT HAS SUFFICIENT BUSINESS ABILITY AND
EXPERIENCE TO CREATE AND MAINTAIN AIRPORT GAMING.
(5) THE APPLICANT'S PROPOSED INTERNAL AND EXTERNAL
SECURITY AND PROPOSED SURVEILLANCE MEASURES WITHIN THE
SPECIFIED AREA WHERE THE APPLICANT SEEKS TO CONDUCT AIRPORT
GAMING ARE ADEQUATE.
(6) THE APPLICANT AGREES THAT THE NUMBER OF SLOT
MACHINES IN OPERATION AT ITS LICENSED FACILITY WILL NOT BE
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PERMANENTLY REDUCED IN ORDER TO CONDUCT AIRPORT GAMING.
§ 13E14. APPROVAL OF APPLICATION.
UPON APPROVAL OF AN APPLICATION, THE BOARD SHALL ISSUE AN
AIRPORT GAMING OPERATION CERTIFICATE TO THE APPLICANT. ISSUING
AN AIRPORT GAMING OPERATION CERTIFICATE PRIOR TO THE PAYMENT IN
FULL OF THE FEE REQUIRED BY SECTION 13E51 (RELATING TO FEES)
SHALL NOT RELIEVE THE APPLICANT FROM COMPLYING WITH THE
PROVISIONS OF SECTION 13E51.
§ 13E15. AIRPORT GAMING OPERATION CERTIFICATE.
THE FOLLOWING SHALL APPLY:
(1) AN AIRPORT GAMING OPERATION CERTIFICATE SHALL BE IN
EFFECT UNLESS:
(I) SUSPENDED OR REVOKED BY THE BOARD CONSISTENT
WITH THE REQUIREMENTS OF THIS PART.
(II) THE SLOT MACHINE LICENSE HELD BY THE AIRPORT
GAMING CERTIFICATE HOLDER IS SUSPENDED, REVOKED OR NOT
RENEWED BY THE BOARD CONSISTENT WITH THE REQUIREMENTS OF
THIS PART.
(III) THE AIRPORT GAMING CERTIFICATE HOLDER
RELINQUISHES OR DOES NOT SEEK RENEWAL OF ITS SLOT MACHINE
LICENSE.
(IV) THE AGREEMENT BETWEEN THE AIRPORT GAMING
CERTIFICATE HOLDER AND THE GOVERNING BODY OF THE
AUTHORITY IS NOT RENEWED.
(2) THE AIRPORT GAMING OPERATION CERTIFICATE SHALL
INCLUDE THE MAXIMUM NUMBER OF SLOT MACHINES APPROVED BY THE
BOARD AND PERMITTED IN THE SPECIFIED AREA. THE AIRPORT GAMING
CERTIFICATE HOLDER MAY INCREASE OR DECREASE THE NUMBER OF
SLOT MACHINES PERMITTED IN THE SPECIFIED AREA OR CHANGE THE
CONFIGURATION OF THE SLOT MACHINES UPON NOTICE TO AND
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APPROVAL BY THE BOARD. UNLESS APPROVED BY THE BOARD, THE
TOTAL NUMBER OF SLOT MACHINES IN OPERATION IN THE SPECIFIED
AREA MAY NOT EXCEED THE NUMBER AUTHORIZED IN THE AIRPORT
GAMING OPERATION CERTIFICATE.
(3) A AIRPORT GAMING CERTIFICATE HOLDER SHALL BE
REQUIRED TO UPDATE THE INFORMATION IN ITS INITIAL AIRPORT
GAMING APPLICATION AT TIMES PRESCRIBED BY THE BOARD.
§ 13E16. TIMING OF INITIAL AIRPORT GAMING AUTHORIZATIONS.
THE BOARD SHALL APPROVE OR DENY AN APPLICATION WITHIN 180
DAYS FOLLOWING RECEIPT OF THE COMPLETED APPLICATION.
SUBCHAPTER C
CONDUCT OF AIRPORT GAMING
SEC.
13E31. AUTHORIZED LOCATIONS FOR OPERATION.
13E32. COMMENCEMENT OF AIRPORT GAMING OPERATIONS.
13E33. CONDITION OF CONTINUED OPERATION.
13E34. AIRPORT GAMING ACCOUNTING CONTROLS AND AUDIT PROTOCOLS.
13E35. CASH EQUIVALENTS.
13E36. OCCUPATION PERMITS.
§ 13E31. AUTHORIZED LOCATIONS FOR OPERATION.
(A) RESTRICTION.--AN AIRPORT GAMING CERTIFICATE HOLDER SHALL
ONLY BE PERMITTED TO OPERATE SLOT MACHINES IN THE SPECIFIED AREA
AUTHORIZED BY THE BOARD.
(B) POWERS AND DUTIES OF BOARD.--NO AIRPORT GAMING
CERTIFICATE HOLDER MAY BE APPROVED TO OPERATE SLOT MACHINES
UNLESS THE SPECIFIED AREA IS EQUIPPED WITH ADEQUATE SECURITY AND
SURVEILLANCE EQUIPMENT TO ENSURE THE INTEGRITY OF THE CONDUCT OF
AIRPORT GAMING. AN AUTHORIZATION GRANTED UNDER THIS SECTION MAY
NOT IMPOSE ANY CRITERIA OR REQUIREMENTS REGARDING THE CONTENTS
OR STRUCTURE OF A QUALIFIED AIRPORT WHICH ARE UNRELATED TO THE
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CONDUCT OF AIRPORT GAMING.
§ 13E32. COMMENCEMENT OF AIRPORT GAMING OPERATIONS.
AN AIRPORT GAMING CERTIFICATE HOLDER MAY NOT OPERATE OR OFFER
SLOT MACHINES FOR PLAY AT A QUALIFIED AIRPORT UNTIL THE BOARD
DETERMINES THAT:
(1) THE AIRPORT GAMING CERTIFICATE HOLDER IS IN
COMPLIANCE WITH THE REQUIREMENTS OF THIS PART.
(2) THE AIRPORT GAMING CERTIFICATE HOLDER'S INTERNAL
CONTROLS AND AUDIT PROTOCOLS ARE SUFFICIENT TO MEET THE
REQUIREMENTS OF SECTION 13E34 (RELATING TO AIRPORT GAMING
ACCOUNTING CONTROLS AND AUDIT PROTOCOLS).
(3) THE AIRPORT GAMING CERTIFICATE HOLDER'S GAMING
EMPLOYEES, WHERE APPLICABLE, ARE LICENSED, PERMITTED OR
OTHERWISE AUTHORIZED BY THE BOARD TO PERFORM THEIR RESPECTIVE
DUTIES.
(4) THE AIRPORT GAMING CERTIFICATE HOLDER IS PREPARED IN
ALL RESPECTS TO OFFER SLOT MACHINE PLAY TO ELIGIBLE
PASSENGERS AT THE QUALIFIED AIRPORT.
(5) THE AIRPORT GAMING CERTIFICATE HOLDER HAS
IMPLEMENTED NECESSARY INTERNAL AND MANAGEMENT CONTROLS AND
SECURITY ARRANGEMENTS AND SURVEILLANCE SYSTEMS FOR THE
CONDUCT OF AIRPORT GAMING.
(6) THE AIRPORT GAMING CERTIFICATE HOLDER IS IN
COMPLIANCE WITH OR HAS COMPLIED WITH SECTION 13E51 (RELATING
TO FEES).
(7) ALL SLOT MACHINES CERTIFIED AND APPROVED FOR USE
UNDER THIS CHAPTER ARE COMPATIBLE AND COMPLY WITH THE CENTRAL
CONTROL COMPUTER AND PROTOCOL SPECIFICATIONS APPROVED BY THE
DEPARTMENT.
(8) THE AIRPORT GAMING CERTIFICATE HOLDER HAS
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IMPLEMENTED OR WILL IMPLEMENT THE NECESSARY PROCEDURES AND
SAFEGUARDS TO ENSURE THAT NO INDIVIDUAL UNDER 21 YEARS OF AGE
WILL BE PERMITTED TO ENTER THE SPECIFIED AREA OF THE
QUALIFIED AIRPORT.
§ 13E33. CONDITION OF CONTINUED OPERATION.
AS A CONDITION OF CONTINUED OPERATION, AN AIRPORT GAMING
CERTIFICATE HOLDER SHALL MAINTAIN ALL BOOKS, RECORDS AND
DOCUMENTS PERTAINING TO AIRPORT GAMING IN A MANNER AND LOCATION
WITHIN THIS COMMONWEALTH AS APPROVED BY THE BOARD. ALL BOOKS,
RECORDS AND DOCUMENTS RELATED TO AIRPORT GAMING SHALL:
(1) BE SEGREGATED BY SEPARATE ACCOUNTS WITHIN THE SLOT
MACHINE LICENSEE'S BOOKS, RECORDS AND DOCUMENTS, EXCEPT FOR
ANY BOOKS, RECORDS OR DOCUMENTS THAT ARE COMMON TO THE
LICENSEE'S SLOT MACHINE OPERATIONS AT A LICENSED FACILITY AND
A QUALIFIED AIRPORT;
(2) BE IMMEDIATELY AVAILABLE FOR INSPECTION UPON REQUEST
OF THE BOARD, THE BUREAU, THE DEPARTMENT, THE PENNSYLVANIA
STATE POLICE OR THE ATTORNEY GENERAL, OR AGENTS THEREOF,
DURING ALL HOURS OF OPERATION AT THE QUALIFIED AIRPORT IN
ACCORDANCE WITH REGULATIONS PROMULGATED BY THE BOARD; AND
(3) BE MAINTAINED FOR A PERIOD AS THE BOARD, BY
REGULATION, MAY REQUIRE.
§ 13E34. AIRPORT GAMING ACCOUNTING CONTROLS AND AUDIT
PROTOCOLS.
(A) APPROVAL.--PRIOR TO THE COMMENCEMENT OF AIRPORT GAMING
OPERATIONS, AN AIRPORT GAMING CERTIFICATE HOLDER SHALL SUBMIT TO
THE BOARD FOR APPROVAL ALL PROPOSED SITE PLANS, INTERNAL CONTROL
SYSTEMS AND AUDIT PROTOCOLS FOR THE AIRPORT GAMING CERTIFICATE
HOLDER'S AIRPORT GAMING OPERATIONS.
(B) MINIMUM REQUIREMENTS.--THE AIRPORT GAMING CERTIFICATE
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HOLDER'S INTERNAL CONTROLS AND AUDIT PROTOCOLS SHALL MEET THE
REQUIREMENTS SET FORTH IN SECTION 1322(B) AND (C) (RELATING TO
SLOT MACHINE ACCOUNTING CONTROLS AND AUDITS).
§ 13E35. CASH EQUIVALENTS.
NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS PART, THE BOARD
MAY, THROUGH REGULATIONS, DETERMINE THE CASH EQUIVALENTS THAT
MAY BE AUTHORIZED AND ACCEPTED BY AN AIRPORT GAMING CERTIFICATE
HOLDER IN THE CONDUCT OF AIRPORT GAMING.
§ 13E36. OCCUPATION PERMITS.
(A) APPLICATION.--ANY PERSON WHO DESIRES TO BE A GAMING
EMPLOYEE AND HAS A BONA FIDE OFFER OF EMPLOYMENT FROM A AIRPORT
GAMING CERTIFICATE HOLDER AUTHORIZED TO OPERATE SLOT MACHINES
UNDER THIS CHAPTER SHALL APPLY TO THE BOARD FOR AN OCCUPATION
PERMIT. A PERSON MAY NOT BE EMPLOYED AS A GAMING EMPLOYEE UNLESS
AND UNTIL THAT PERSON HOLDS AN APPROPRIATE OCCUPATION PERMIT
ISSUED UNDER THIS SECTION. THE BOARD MAY PROMULGATE REGULATIONS
TO RECLASSIFY A CATEGORY OF NONGAMING EMPLOYEES OR GAMING
EMPLOYEES UPON A FINDING THAT THE RECLASSIFICATION IS IN THE
PUBLIC INTEREST AND CONSISTENT WITH THE OBJECTIVES OF THIS PART.
(B) REQUIREMENTS.--THE APPLICATION FOR AN OCCUPATION PERMIT
SHALL INCLUDE, AT A MINIMUM:
(1) THE NAME AND HOME ADDRESS OF THE PERSON.
(2) THE PREVIOUS EMPLOYMENT HISTORY OF THE PERSON.
(3) THE CRIMINAL HISTORY RECORD OF THE PERSON, AS WELL
AS THE PERSON'S CONSENT FOR THE PENNSYLVANIA STATE POLICE TO
CONDUCT A BACKGROUND INVESTIGATION.
(4) A PHOTOGRAPH OF THE PERSON.
(5) EVIDENCE OF THE OFFER OF EMPLOYMENT AND THE NATURE
AND SCOPE OF THE PROPOSED DUTIES OF THE PERSON, IF KNOWN.
(6) THE DETAILS OF ANY OCCUPATION PERMIT OR SIMILAR
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LICENSE GRANTED OR DENIED TO THE APPLICANT IN OTHER
JURISDICTIONS AND CONSENT FOR THE BOARD TO OBTAIN COPIES OF
APPLICATIONS SUBMITTED OR PERMITS OR LICENSES ISSUED IN
CONNECTION THEREWITH.
(7) ANY OTHER INFORMATION DETERMINED BY THE BOARD TO BE
APPROPRIATE.
(C) PROHIBITION.--NO AIRPORT GAMING CERTIFICATE HOLDER MAY
EMPLOY OR PERMIT ANY INDIVIDUAL UNDER 18 YEARS OF AGE TO RENDER
ANY SERVICE IN ANY SPECIFIED AREA WHERE SLOT MACHINES ARE
PHYSICALLY LOCATED.
(D) CONSTRUCTION.--NOTHING IN THIS PART SHALL BE CONSTRUED
TO REQUIRE ANY INDIVIDUAL WHO HOLDS A PRINCIPAL LICENSE, A KEY
EMPLOYEE LICENSE OR GAMING EMPLOYEE LICENSE UNDER CHAPTER 13
(RELATING TO LICENSEES) TO OBTAIN A SEPARATE LICENSE, PERMIT,
CERTIFICATE, REGISTRATION OR OTHER AUTHORIZATION TO BE EMPLOYED
IN AN AIRPORT GAMING CERTIFICATE HOLDER'S AIRPORT GAMING
OPERATIONS.
SUBCHAPTER D
AIRPORT GAMING FEES AND TAXES
SEC.
13E51. FEES.
13E52. AIRPORT GAMING TAX AND ASSESSMENT.
§ 13E51. FEES.
(A) REQUIRED FEES.--A SLOT MACHINE LICENSEE SHALL PAY:
(1) EXCEPT AS SET FORTH IN PARAGRAPH (2) OR (3), A ONE-
TIME, NONREFUNDABLE FEE OF $1,000,000 UPON THE ISSUANCE OF A
CERTIFICATE TO OPERATE SLOT MACHINES UNDER THIS CHAPTER IN A
QUALIFIED AIRPORT.
(2) A ONE-TIME, NONREFUNDABLE FEE OF $5,000,000 UPON THE
ISSUANCE OF A CERTIFICATE TO OPERATE SLOT MACHINES UNDER THIS
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CHAPTER IN A QUALIFIED AIRPORT LOCATED IN A CITY OF THE FIRST
CLASS.
(3) A ONE-TIME, NONREFUNDABLE FEE OF $2,500,000 UPON THE
ISSUANCE OF A CERTIFICATE TO OPERATE SLOT MACHINES UNDER THIS
CHAPTER IN A QUALIFIED AIRPORT LOCATED IN A COUNTY OF THE
SECOND CLASS.
(B) DEPOSIT OF FEES.--NOTWITHSTANDING SECTION 1208 (RELATING
TO COLLECTION OF FEES AND FINES), ALL FEES OR PENALTIES RECEIVED
BY THE BOARD UNDER THIS CHAPTER SHALL BE DEPOSITED IN THE
GENERAL FUND.
§ 13E52. AIRPORT GAMING TAX AND ASSESSMENT.
(A) IMPOSITION.--EACH AIRPORT GAMING CERTIFICATE HOLDER
SHALL REPORT TO THE DEPARTMENT AND PAY FROM ITS AIRPORT GAMING
REVENUE, ON A FORM AND IN THE MANNER PRESCRIBED BY THE
DEPARTMENT, A TAX OF 34% OF ITS AIRPORT GAMING REVENUE AND AN
AIRPORT LOCAL SHARE ASSESSMENT.
(B) DEPOSITS AND DISTRIBUTIONS.--
(1) THE TAX AND LOCAL SHARE ASSESSMENT IMPOSED UNDER
SUBSECTION (A) SHALL BE PAYABLE TO THE DEPARTMENT ON A WEEKLY
BASIS AND SHALL BE BASED UPON GROSS TERMINAL REVENUE DERIVED
DURING THE PREVIOUS WEEK.
(2) ALL FUNDS OWED TO THE COMMONWEALTH UNDER THIS
SECTION SHALL BE HELD IN TRUST FOR THE COMMONWEALTH BY THE
AIRPORT GAMING CERTIFICATE HOLDER UNTIL THE FUNDS ARE PAID TO
THE DEPARTMENT. UNLESS OTHERWISE AGREED TO BY THE BOARD, A
AIRPORT GAMING CERTIFICATE HOLDER SHALL ESTABLISH A SEPARATE
BANK ACCOUNT INTO WHICH GROSS TERMINAL REVENUE SHALL BE
DEPOSITED AND MAINTAINED UNTIL SUCH TIME AS THE FUNDS ARE
PAID TO THE DEPARTMENT UNDER THIS SECTION.
(3) THE DEPARTMENT SHALL TRANSFER THE TAX REVENUES
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COLLECTED UNDER THIS SECTION TO THE GENERAL FUND.
(4) THE DEPARTMENT SHALL QUARTERLY DISTRIBUTE TO EACH
QUALIFIED AIRPORT THE AIRPORT LOCAL SHARE ASSESSMENT FROM THE
AIRPORT GAMING REVENUE GENERATED FROM AIRPORT GAMING AT EACH
QUALIFIED AIRPORT.
(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:
"AIRPORT LOCAL SHARE ASSESSMENT." TWENTY PERCENT OF AN
AIRPORT GAMING CERTIFICATE HOLDER'S AIRPORT GAMING REVENUE.
SUBCHAPTER E
MISCELLANEOUS PROVISIONS
SEC.
13E91. REGULATIONS.
§ 13E91. REGULATIONS.
(A) REGULATIONS.--THE BOARD SHALL PROMULGATE REGULATIONS
CONSISTENT WITH THE PROVISIONS OF THIS PART RELATED TO THE
OPERATION OF SLOT MACHINES TO GOVERN THE CONDUCT OF AIRPORT
GAMING AT QUALIFIED AIRPORTS.
(B) TEMPORARY REGULATIONS.--IN ORDER TO FACILITATE THE
PROMPT IMPLEMENTATION OF THIS CHAPTER, REGULATIONS PROMULGATED
BY THE BOARD IN ACCORDANCE WITH SUBSECTION (A) 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 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.
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(3) SECTIONS 204(B) AND 301(10) OF THE ACT OF OCTOBER
15, 1980 (P.L.950, NO.164), KNOWN AS THE COMMONWEALTH
ATTORNEYS ACT.
(C) 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.
SECTION 12. SECTIONS 1403(B), (C)(2)(II)(D), (III)(A) AND
(IV)(B), 1405, 1407, 1501(B) AND 1509(C) OF TITLE 4 ARE AMENDED
TO READ:
§ 1403. ESTABLISHMENT OF STATE GAMING FUND AND NET SLOT MACHINE
REVENUE DISTRIBUTION.
* * *
(B) SLOT MACHINE TAX.--THE DEPARTMENT SHALL DETERMINE AND
EACH SLOT MACHINE LICENSEE SHALL PAY A DAILY TAX OF 34% FROM ITS
DAILY GROSS TERMINAL REVENUE FROM THE SLOT MACHINES IN OPERATION
AT ITS LICENSED FACILITY AND A LOCAL SHARE ASSESSMENT AS
PROVIDED IN SUBSECTION (C). ALL FUNDS OWED TO THE COMMONWEALTH,
A COUNTY OR A MUNICIPALITY UNDER THIS SECTION SHALL BE HELD IN
TRUST BY THE LICENSED GAMING ENTITY FOR THE COMMONWEALTH, THE
COUNTY AND THE MUNICIPALITY UNTIL THE FUNDS ARE PAID OR
TRANSFERRED TO THE FUND. UNLESS OTHERWISE AGREED TO BY THE
BOARD, A LICENSED GAMING ENTITY SHALL ESTABLISH A SEPARATE BANK
ACCOUNT TO MAINTAIN GROSS TERMINAL REVENUE UNTIL SUCH TIME AS
THE FUNDS ARE PAID OR TRANSFERRED UNDER THIS SECTION. MONEYS IN
THE FUND ARE HEREBY APPROPRIATED TO THE DEPARTMENT ON A
CONTINUING BASIS FOR THE PURPOSES SET FORTH IN SUBSECTION (C).
FOR THE PURPOSE OF THIS SUBSECTION, THE TERM LICENSED FACILITY
SHALL NOT BE CONSTRUED TO INCLUDE A NONPRIMARY LOCATION AT WHICH
A CATEGORY 1 SLOT MACHINE LICENSEE IS AUTHORIZED TO PLACE AND
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MAKE SLOT MACHINES AVAILABLE FOR PLAY IN ACCORDANCE WITH CHAPTER
13D (RELATING TO SLOT MACHINES AT NONPRIMARY LOCATIONS) OR THE
PHYSICAL LAND-BASED LOCATION OF A QUALIFIED AIRPORT UNDER
CHAPTER 13E (RELATING TO SLOT MACHINES IN QUALIFIED AIRPORTS).
(C) TRANSFERS AND DISTRIBUTIONS.--THE DEPARTMENT SHALL:
* * *
(2) FROM THE LOCAL SHARE ASSESSMENT ESTABLISHED IN
SUBSECTION (B), MAKE QUARTERLY DISTRIBUTIONS AMONG THE
COUNTIES HOSTING A LICENSED FACILITY IN ACCORDANCE WITH THE
FOLLOWING SCHEDULE:
* * *
(II) IF THE LICENSED FACILITY IS A CATEGORY 1
LICENSED FACILITY AND IS LOCATED AT A THOROUGHBRED
RACETRACK AND THE COUNTY IN WHICH THE LICENSED FACILITY
IS LOCATED IS:
* * *
(D) A COUNTY OF THE THIRD CLASS: 1% OF THE
GROSS TERMINAL REVENUE TO THE COUNTY HOSTING THE
LICENSED FACILITY FROM EACH SUCH LICENSED FACILITY.
AN ADDITIONAL 1% OF THE GROSS TERMINAL REVENUE TO THE
COUNTY HOSTING THE LICENSED FACILITY FROM EACH SUCH
LICENSED FACILITY FOR THE PURPOSE OF MUNICIPAL GRANTS
WITHIN THE COUNTY IN WHICH THE LICENSEE IS LOCATED.
NOTWITHSTANDING THE PROVISIONS OF THE ACT OF FEBRUARY
9, 1999 (P.L.1, NO.1), KNOWN AS THE CAPITAL
FACILITIES DEBT ENABLING ACT, GRANTS MADE UNDER THIS
CLAUSE MAY BE UTILIZED AS LOCAL MATCHING FUNDS FOR
OTHER GRANTS OR LOANS FROM THE COMMONWEALTH.
* * *
(III) IF THE FACILITY IS A CATEGORY 2 LICENSED
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FACILITY AND IF THE COUNTY IN WHICH THE LICENSED FACILITY
IS LOCATED IS:
(A) A COUNTY OF THE FIRST CLASS: 4% OF THE
GROSS TERMINAL REVENUE TO THE COUNTY HOSTING THE
LICENSED FACILITY FROM EACH SUCH LICENSED FACILITY.
NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY,
FUNDS FROM LICENSED GAMING ENTITIES LOCATED WITHIN A
COUNTY OF THE FIRST CLASS SHALL NOT BE DISTRIBUTED
OUTSIDE OF A COUNTY OF THE FIRST CLASS. [THE FIRST
$5,000,000] FIFTY PERCENT OR $5,000,000, WHICHEVER IS
GREATER, OF THE TOTAL AMOUNT DISTRIBUTED ANNUALLY TO
THE COUNTY OF THE FIRST CLASS SHALL BE DISTRIBUTED TO
THE PHILADELPHIA SCHOOL DISTRICT.
* * *
(IV) * * *
(B) IF THE FACILITY IS A CATEGORY 3 LICENSED
FACILITY LOCATED IN A COUNTY OF THE SECOND CLASS A,
2% OF THE GROSS TERMINAL REVENUE [FROM THE LICENSED
FACILITY SHALL BE DEPOSITED INTO A RESTRICTED
RECEIPTS ACCOUNT TO BE ESTABLISHED IN THE
COMMONWEALTH FINANCING AUTHORITY TO BE USED
EXCLUSIVELY FOR GRANTS OR GUARANTEES FOR PROJECTS IN
THE HOST COUNTY THAT QUALIFY UNDER 64 PA.C.S. §§ 1551
(RELATING TO BUSINESS IN OUR SITES PROGRAM), 1556
(RELATING TO TAX INCREMENT FINANCING GUARANTEE
PROGRAM) AND 1558 (RELATING TO WATER SUPPLY AND
WASTEWATER INFRASTRUCTURE PROGRAM).] TO THE COUNTY
HOSTING THE LICENSED FACILITY FROM EACH SUCH LICENSED
FACILITY SHALL BE DEPOSITED AS FOLLOWS:
(I) SEVENTY-FIVE PERCENT SHALL BE DEPOSITED
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FOR THE PURPOSE OF SUPPORTING THE MAINTENANCE AND
REFURBISHMENT OF THE PARKS AND HERITAGE SITES
THROUGHOUT THE COUNTY IN WHICH THE LICENSED
FACILITY IS LOCATED.
(II) TWELVE AND ONE-HALF PERCENT SHALL BE
DEPOSITED FOR THE PURPOSE OF SUPPORTING A CHILD
ADVOCACY CENTER LOCATED WITHIN THE COUNTY IN
WHICH THE LICENSED FACILITY IS LOCATED.
(III) TWELVE AND ONE-HALF PERCENT SHALL BE
DEPOSITED FOR THE PURPOSE OF SUPPORTING AN
ORGANIZATION PROVIDING COMPREHENSIVE SUPPORT
SERVICES TO VICTIMS OF DOMESTIC VIOLENCE,
INCLUDING LEGAL AND MEDICAL AID, SHELTERS,
TRANSITIONAL HOUSING AND COUNSELING LOCATED
WITHIN THE COUNTY IN WHICH THE LICENSED FACILITY
IS LOCATED.
* * *
§ 1405. PENNSYLVANIA RACE HORSE DEVELOPMENT FUND.
(B) PENNSYLVANIA RACE HORSE IMPROVEMENT ASSESSMENT.--EACH
ACTIVE AND OPERATING LICENSED GAMING ENTITY SHALL PAY A DAILY
ASSESSMENT TO THE PENNSYLVANIA RACE HORSE DEVELOPMENT FUND AS
DETERMINED BY THE DEPARTMENT. SUBJECT TO THE DAILY ASSESSMENT
CAP ESTABLISHED UNDER SUBSECTION (C), THE LICENSED GAMING
ENTITY'S ASSESSMENT SHALL BE A PERCENTAGE OF EACH LICENSED
GAMING ENTITY'S GROSS TERMINAL REVENUE FROM THE SLOT MACHINES IN
OPERATION AT ITS LICENSED FACILITY, EQUAL TO AN AMOUNT
CALCULATED AS "A" MULTIPLIED BY "B", WITH "A" BEING EQUAL TO
EACH LICENSED GAMING ENTITY'S GROSS TERMINAL REVENUE FOR THAT
DAY DIVIDED BY THE TOTAL GROSS TERMINAL REVENUE FOR THAT DAY
FROM ALL LICENSED GAMING ENTITIES, AND "B" BEING EQUAL TO 18% OF
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THAT DAY'S GROSS TERMINAL REVENUE FOR ALL ACTIVE AND OPERATING
CATEGORY 1 LICENSEES CONDUCTING LIVE RACING.
(C) DAILY ASSESSMENT CAP.--IF THE RESULTING DAILY ASSESSMENT
FOR A LICENSED GAMING ENTITY EXCEEDS 12% OF THAT LICENSED GAMING
ENTITY'S GROSS TERMINAL REVENUE FROM THE SLOT MACHINES IN
OPERATION AT ITS LICENSED FACILITY FOR THE DAY, THE LICENSED
GAMING ENTITY SHALL PAY A DAILY ASSESSMENT OF 12% OF ITS GROSS
TERMINAL REVENUE FOR THAT DAY.
(E) DEFINITION.--FOR THE PURPOSES OF THIS SECTION, THE TERM
"LICENSED FACILITY" SHALL NOT INCLUDE THE PHYSICAL LAND-BASED
LOCATION AT WHICH A LICENSED GAMING ENTITY IS AUTHORIZED TO
PLACE AND OPERATE SLOT MACHINES IN A NONPRIMARY LOCATION UNDER
CHAPTER 13D (RELATING TO SLOT MACHINES AT NONPRIMARY LOCATIONS)
OR IN A QUALIFIED AIRPORT UNDER CHAPTER 13E (RELATING TO SLOT
MACHINES IN QUALIFIED AIRPORTS).
§ 1407. PENNSYLVANIA GAMING ECONOMIC DEVELOPMENT AND TOURISM
FUND.
(A) FUND ESTABLISHED.--THERE IS HEREBY ESTABLISHED A
PENNSYLVANIA GAMING ECONOMIC DEVELOPMENT AND TOURISM FUND WITHIN
THE STATE TREASURY.
(B) FUND ADMINISTRATION AND DISTRIBUTION.--THE PENNSYLVANIA
GAMING ECONOMIC DEVELOPMENT AND TOURISM FUND SHALL BE
ADMINISTERED BY THE DEPARTMENT OF COMMUNITY AND ECONOMIC
DEVELOPMENT. ALL MONEYS IN THE PENNSYLVANIA GAMING ECONOMIC
DEVELOPMENT AND TOURISM FUND SHALL BE DISTRIBUTED PURSUANT TO A
SUBSEQUENTLY ENACTED ECONOMIC DEVELOPMENT CAPITAL BUDGET THAT
APPROPRIATES MONEY FROM THE FUND PURSUANT TO THIS SECTION. THE
PROCEDURES FOR ENACTMENT, AUTHORIZATION AND RELEASE OF ECONOMIC
DEVELOPMENT AND TOURISM FUNDS AUTHORIZED UNDER THIS SECTION FOR
BOTH CAPITAL PROJECTS AND OPERATIONAL EXPENDITURES SHALL BE THE
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SAME AS THOSE PROVIDED FOR IN SECTIONS 303(A), (B) AND (C) AND
318(A) OF THE ACT OF FEBRUARY 9, 1999 (P.L.1, NO.1), KNOWN AS
THE CAPITAL FACILITIES DEBT ENABLING ACT, WITHOUT REFERENCE TO
THE NATURE OR PURPOSE OF THE PROJECT, AND ANY OTHER STATUTORY
PROVISION, IF ANY, NECESSARY TO EFFECTUATE THE RELEASE OF FUNDS
APPROPRIATED IN SUCH ECONOMIC DEVELOPMENT CAPITAL BUDGET.
(C) PENNSYLVANIA GAMING ECONOMIC DEVELOPMENT AND TOURISM
FUND ASSESSMENT.--EACH LICENSED GAMING ENTITY SHALL PAY A DAILY
ASSESSMENT OF 5% OF ITS GROSS TERMINAL REVENUE FROM THE SLOT
MACHINES IN OPERATION AT ITS LICENSED FACILITY TO THE
PENNSYLVANIA GAMING ECONOMIC DEVELOPMENT AND TOURISM FUND.
(D) RESTRICTIONS ON PROJECTS FOR CERTAIN COUNTIES AND
CITIES.--EXCEPT AS SET FORTH IN SUBSECTION (D.1), FOR A TEN-YEAR
PERIOD BEGINNING WITH THE FIRST FISCAL YEAR DURING WHICH
DEPOSITS ARE MADE INTO THIS FUND, NO MONEYS FROM THE
PENNSYLVANIA GAMING ECONOMIC DEVELOPMENT AND TOURISM FUND SHALL
BE DISTRIBUTED FOR ANY PROJECT LOCATED IN A CITY OR COUNTY OF
THE FIRST OR SECOND CLASS EXCEPT AS AUTHORIZED BY THIS
SUBSECTION. MONEYS NOT USED FOR THE AUTHORIZED PROJECTS IN
CITIES AND COUNTIES OF THE FIRST AND SECOND CLASSES MAY BE USED
THROUGHOUT THIS COMMONWEALTH. MONEYS FROM THE FUND FOR PROJECTS
WITHIN CITIES AND COUNTIES OF THE FIRST AND SECOND CLASSES MAY
ONLY BE USED FOR THE FOLLOWING PROJECTS DURING THIS TEN-YEAR
PERIOD:
(1) FOR REIMBURSEMENT TO A CITY OF THE FIRST CLASS FOR
DEBT SERVICE MADE BY SUCH CITY TO THE EXTENT THAT SUCH
PAYMENTS HAVE BEEN MADE FOR THE EXPANSION OF THE PENNSYLVANIA
CONVENTION CENTER;
(2) FOR DISTRIBUTION TO THE GENERAL FUND TO THE EXTENT
THAT THE COMMONWEALTH HAS MADE DEBT SERVICE PAYMENTS FOR THE
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EXPANSION OF THE PENNSYLVANIA CONVENTION CENTER;
(3) FOR REIMBURSEMENT TO A CITY OF THE FIRST CLASS FOR
PAYMENTS MADE BY SUCH CITY FOR THE OPERATION EXPENSES OF THE
PENNSYLVANIA CONVENTION CENTER DURING THE PRIOR CALENDAR
YEAR;
(4) FOR DEBT SERVICE AND FOR DEVELOPMENT AND ECONOMIC
DEVELOPMENT PROJECTS FOR AN INTERNATIONAL AIRPORT LOCATED IN
A COUNTY OF THE SECOND CLASS;
(5) FOR DISTRIBUTION TO A COMMUNITY INFRASTRUCTURE
DEVELOPMENT FUND OF A COUNTY OF THE SECOND CLASS TO FUND
CONSTRUCTION, DEVELOPMENT, IMPROVEMENT AND MAINTENANCE OF
INFRASTRUCTURE PROJECTS;
(6) FOR THE RETIREMENT OF THE INDEBTEDNESS OF AN URBAN
REDEVELOPMENT AUTHORITY CREATED PURSUANT TO THE ACT OF MAY
24, 1945 (P.L.991, NO.385), KNOWN AS THE URBAN REDEVELOPMENT
LAW, IN A CITY OF THE SECOND CLASS WHICH IS FINANCED IN PART
WITH THE UTILIZATION OF FUNDS TRANSFERRED TO THE REGIONAL
ASSET DISTRICT PURSUANT TO ARTICLE XXXI-B OF THE ACT OF JULY
28, 1953 (P.L.723, NO.230), KNOWN AS THE SECOND CLASS COUNTY
CODE;
(8) FOR RETIREMENT OF INDEBTEDNESS OF A COUNTY OF THE
SECOND CLASS DEVELOPMENT FUND CREATED PURSUANT TO THE
AUTHORITY OF ARTICLE XXXI-B OF THE SECOND CLASS COUNTY CODE
AND THE URBAN REDEVELOPMENT LAW;
(9) FOR RETIREMENT OF INDEBTEDNESS OF A CONVENTION
CENTER IN A CITY OF THE SECOND CLASS ESTABLISHED PURSUANT TO
THE AUTHORITY OF THE PUBLIC AUDITORIUM AUTHORITIES LAW;
(10) FOR PAYMENT OF THE OPERATING DEFICIT FOR THE
OPERATION OF A CONVENTION CENTER IN A CITY OF THE SECOND
CLASS ESTABLISHED PURSUANT TO THE PUBLIC AUDITORIUM
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AUTHORITIES LAW.
(D.1) COMMUNITY AND ECONOMIC DEVELOPMENT.--
(1) NOTWITHSTANDING SUBSECTION (B) OR ANY OTHER
PROVISION OF LAW TO THE CONTRARY, THE MONEY AUTHORIZED BUT
NOT EXPENDED UNDER FORMER SUBSECTION (D)(7) AS OF THE
EFFECTIVE DATE OF THIS SUBSECTION SHALL BE DEPOSITED INTO A
RESTRICTED RECEIPTS ACCOUNT TO BE ESTABLISHED IN THE
COMMONWEALTH FINANCING AUTHORITY EXCLUSIVELY FOR ELIGIBLE
APPLICATIONS SUBMITTED BY THE REDEVELOPMENT AUTHORITY OF A
COUNTY OF THE SECOND CLASS CREATED PURSUANT TO THE ACT OF MAY
24, 1945 (P.L.991, NO.385), KNOWN AS THE URBAN REDEVELOPMENT
LAW, FOR ECONOMIC DEVELOPMENT, INFRASTRUCTURE DEVELOPMENT,
JOB TRAINING, COMMUNITY IMPROVEMENT, PUBLIC SAFETY OR OTHER
PROJECTS IN THE PUBLIC INTEREST LOCATED IN A COUNTY OF THE
SECOND CLASS. COMMUNITY DEVELOPMENT CORPORATIONS, POLITICAL
SUBDIVISIONS, URBAN REDEVELOPMENT AUTHORITIES, MUNICIPAL
AUTHORITIES, FOR-PROFIT ENTITIES AND NONPROFIT ENTITIES
LOCATED IN A COUNTY OF THE SECOND CLASS SHALL BE ELIGIBLE TO
RECEIVE FUNDS MADE AVAILABLE UNDER THIS PARAGRAPH.
(2) NOTWITHSTANDING THE CAPITAL FACILITIES DEBT ENABLING
ACT, FUNDING UNDER THE PARAGRAPH (1) MAY BE UTILIZED AS LOCAL
MATCHING FUNDS FOR GRANTS OR LOANS FROM THE COMMONWEALTH.
(E) ANNUAL REPORT.--THE OFFICE OF THE BUDGET, IN COOPERATION
WITH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT AND
THE COMMONWEALTH FINANCING AUTHORITY, SHALL SUBMIT AN ANNUAL
REPORT OF ALL DISTRIBUTION OF FUNDS UNDER THIS SECTION TO THE
CHAIRMAN AND MINORITY CHAIRMAN OF THE APPROPRIATIONS COMMITTEE
OF THE SENATE, THE CHAIRMAN AND MINORITY CHAIRMAN OF THE
COMMUNITY, ECONOMIC AND RECREATIONAL DEVELOPMENT COMMITTEE OF
THE SENATE, THE CHAIRMAN AND MINORITY CHAIRMAN OF THE
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APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE
CHAIRMAN AND MINORITY CHAIRMAN OF THE GAMING OVERSIGHT COMMITTEE
OF THE HOUSE OF REPRESENTATIVES. THE REPORT SHALL INCLUDE
DETAILED INFORMATION RELATING TO TRANSFERS MADE FROM THE
PENNSYLVANIA GAMING ECONOMIC DEVELOPMENT AND TOURISM FUND AND
ALL REIMBURSEMENTS, DISTRIBUTIONS AND PAYMENTS MADE UNDER
SUBSECTION (B) OR THE ACT OF JULY 25, 2007 (P.L.342, NO.53),
KNOWN AS PENNSYLVANIA GAMING ECONOMIC DEVELOPMENT AND TOURISM
FUND CAPITAL BUDGET ITEMIZATION ACT OF 2007. THE REPORT SHALL BE
SUBMITTED BY AUGUST 31, 2010, AND BY AUGUST 31 OF EACH YEAR
THEREAFTER.
(F) LOCAL REPORT.--A CITY OF THE FIRST CLASS, CITY OF THE
SECOND CLASS, COUNTY OF THE SECOND CLASS, CONVENTION CENTER OR
CONVENTION CENTER AUTHORITY, SPORTS AND EXHIBITION AUTHORITY OF
A COUNTY OF THE SECOND CLASS, URBAN REDEVELOPMENT AUTHORITY,
AIRPORT AUTHORITY OR OTHER ENTITY THAT RECEIVES MONEY FROM THE
FUND PURSUANT TO AN ECONOMIC DEVELOPMENT CAPITAL BUDGET UNDER
SUBSECTION (B) OR THE PENNSYLVANIA GAMING ECONOMIC DEVELOPMENT
AND TOURISM FUND CAPITAL BUDGET ITEMIZATION ACT OF 2007 SHALL
SUBMIT AN ANNUAL REPORT TO THE OFFICE OF THE BUDGET. THE REPORT
SHALL INCLUDE DETAILED INFORMATION, INCLUDING RECORDS OF
EXPENDITURES, PAYMENTS AND OTHER DISTRIBUTIONS MADE FROM FUNDS
RECEIVED UNDER SUBSECTION (B). THE INITIAL REPORT SHALL INCLUDE
INFORMATION ON ALL FUNDS RECEIVED PRIOR TO AUGUST 31, 2010. THE
REPORT SHALL BE SUBMITTED BY AUGUST 31, 2010, AND BY AUGUST 31
OF EACH YEAR THEREAFTER UNTIL ALL FUNDS UNDER THIS SECTION ARE
DISTRIBUTED OR RECEIVED. AN ENTITY THAT RECEIVES FUNDS FOR THE
FIRST TIME AFTER THE EFFECTIVE DATE OF THIS SECTION SHALL SUBMIT
ITS INITIAL REPORT BY AUGUST 31 OF THE YEAR FOLLOWING RECEIPT OF
THE FUNDS.
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(G) DEFINITION.--FOR THE PURPOSES OF THIS SECTION, THE TERM
"LICENSED FACILITY" SHALL NOT INCLUDE THE PHYSICAL LAND-BASED
LOCATION AT WHICH A LICENSED GAMING ENTITY IS AUTHORIZED TO
PLACE AND OPERATE SLOT MACHINES IN A NONPRIMARY LOCATION UNDER
CHAPTER 13D (RELATING TO SLOT MACHINES AT NONPRIMARY LOCATIONS)
OR IN A QUALIFIED AIRPORT UNDER CHAPTER 13E (RELATING TO SLOT
MACHINES IN QUALIFIED AIRPORTS).
§ 1501. RESPONSIBILITY AND AUTHORITY OF DEPARTMENT.
* * *
(B) APPLICATION OF RULES AND REGULATIONS.--THE DEPARTMENT
MAY PRESCRIBE THE EXTENT, IF ANY, TO WHICH ANY RULES AND
REGULATIONS SHALL BE APPLIED WITHOUT RETROACTIVE EFFECT. THE
DEPARTMENT SHALL HAVE AUTHORITY TO PRESCRIBE THE FORMS AND THE
SYSTEM OF ACCOUNTING AND RECORDKEEPING TO BE EMPLOYED AND
THROUGH ITS REPRESENTATIVE SHALL AT ALL TIMES HAVE POWER OF
ACCESS TO AND EXAMINATION AND AUDIT OF ANY EQUIPMENT AND RECORDS
RELATING TO ALL ASPECTS OF THE OPERATION OF SLOT MACHINES [AND],
INCLUDING SLOT MACHINES AT NONPRIMARY LOCATIONS, TABLE GAMES,
INTERACTIVE GAMING AND CASINO SIMULCASTING UNDER THIS PART.
* * *
§ 1509. COMPULSIVE AND PROBLEM GAMBLING PROGRAM.
* * *
(C) NOTICE OF AVAILABILITY OF ASSISTANCE.--
(1) EACH SLOT MACHINE LICENSEE SHALL OBTAIN A TOLL-FREE
TELEPHONE NUMBER TO BE USED TO PROVIDE PERSONS WITH
INFORMATION ON ASSISTANCE FOR COMPULSIVE OR PROBLEM GAMBLING.
EACH LICENSEE SHALL CONSPICUOUSLY POST AT LEAST 20 SIGNS
SIMILAR TO THE FOLLOWING STATEMENT:
IF YOU OR SOMEONE YOU KNOW HAS A GAMBLING PROBLEM, HELP
IS AVAILABLE. CALL (TOLL-FREE TELEPHONE NUMBER).
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THE SIGNS MUST BE POSTED WITHIN 50 FEET OF EACH ENTRANCE AND
EXIT, WITHIN 50 FEET OF EACH AUTOMATED TELLER MACHINE
LOCATION WITHIN THE LICENSED FACILITY AND IN OTHER
APPROPRIATE PUBLIC AREAS OF THE LICENSED FACILITY, INCLUDING
AREAS OF A CASINO SIMULCASTING FACILITY, AS DETERMINED BY THE
SLOT MACHINE LICENSEE.
(2) EACH RACETRACK WHERE SLOT MACHINES OR TABLE GAMES
ARE OPERATED SHALL PRINT A STATEMENT ON DAILY RACING PROGRAMS
PROVIDED TO THE GENERAL PUBLIC THAT IS SIMILAR TO THE
FOLLOWING:
IF YOU OR SOMEONE YOU KNOW HAS A GAMBLING PROBLEM, HELP
IS AVAILABLE. CALL (TOLL-FREE TELEPHONE NUMBER).
(2.1) EACH INTERACTIVE GAMING CERTIFICATE HOLDER,
INTERACTIVE GAMING OPERATOR OR OTHER PERSON THAT OPERATES
INTERACTIVE GAMING OR AN INTERACTIVE GAMING SYSTEM ON BEHALF
OF AN INTERACTIVE GAMING CERTIFICATE HOLDER:
(I) SHALL CAUSE THE WORDS:
IF YOU OR SOMEONE YOU KNOW HAS A GAMBLING PROBLEM,
HELP IS AVAILABLE. CALL (TOLL-FREE TELEPHONE NUMBER).
OR SOME COMPARABLE LANGUAGE APPROVED BY THE BOARD, WHICH
LANGUAGE SHALL INCLUDE THE WORDS "GAMBLING PROBLEM" AND
"CALL 1-800-XXXX," TO BE PROMINENTLY AND CONTINUOUSLY
DISPLAYED TO ANY PERSON VISITING OR LOGGED ONTO THE
INTERACTIVE GAMING CERTIFICATE HOLDER'S INTERACTIVE
GAMING SKIN OR INTERNET WEBSITE.
(II) SHALL PROVIDE A MECHANISM BY WHICH AN
INTERACTIVE GAMING ACCOUNT HOLDER MAY ESTABLISH THE
FOLLOWING CONTROLS ON WAGERING ACTIVITY THROUGH THE
INTERACTIVE GAMING ACCOUNT:
(A) A LIMIT ON THE AMOUNT OF MONEY LOST WITHIN A
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SPECIFIED PERIOD OF TIME AND THE LENGTH OF TIME THE
ACCOUNT HOLDER WILL BE UNABLE TO PARTICIPATE IN
GAMING IF THE HOLDER REACHES THE ESTABLISHED LOSS
LIMIT.
(B) A LIMIT ON THE MAXIMUM AMOUNT OF ANY SINGLE
WAGER ON ANY INTERACTIVE GAME.
(C) A TEMPORARY SUSPENSION OF INTERACTIVE GAMING
THROUGH THE ACCOUNT FOR ANY NUMBER OF HOURS OR DAYS.
(III) SHALL NOT MAIL OR OTHERWISE FORWARD ANY
GAMING-RELATED PROMOTIONAL MATERIAL OR E-MAIL TO A
REGISTERED PLAYER DURING ANY PERIOD IN WHICH INTERACTIVE
GAMING THROUGH THE REGISTERED PLAYERS' INTERACTIVE GAMING
ACCOUNT HAS BEEN SUSPENDED OR TERMINATED. THE INTERACTIVE
GAMING CERTIFICATE HOLDER SHALL PROVIDE A MECHANISM BY
WHICH A REGISTERED PLAYER MAY CHANGE THE CONTROLS, EXCEPT
THAT, WHILE INTERACTIVE GAMING THROUGH THE INTERACTIVE
GAMING ACCOUNT IS SUSPENDED, THE REGISTERED PLAYER MAY
NOT CHANGE GAMING CONTROLS UNTIL THE SUSPENSION EXPIRES,
BUT THE REGISTERED PLAYER SHALL CONTINUE TO HAVE ACCESS
TO THE ACCOUNT AND SHALL BE PERMITTED TO WITHDRAW FUNDS
FROM THE ACCOUNT UPON PROPER APPLICATION FOR THE FUNDS TO
THE INTERACTIVE GAMING CERTIFICATE HOLDER.
(3) A [LICENSED FACILITY] LICENSED GAMING ENTITY WHICH
FAILS TO POST OR PRINT THE WARNING SIGN IN ACCORDANCE WITH
PARAGRAPH (1) [OR], (2) OR (2.1)(I) SHALL BE ASSESSED A FINE
OF $1,000 A DAY FOR EACH DAY THE MINIMUM NUMBER OF SIGNS ARE
NOT POSTED OR THE REQUIRED STATEMENT IS NOT PRINTED AS
PROVIDED IN THIS SUBSECTION.
(4) AN INTERACTIVE GAMING CERTIFICATE HOLDER OR
INTERACTIVE GAMING LICENSE HOLDER, AS THE CASE MAY BE, THAT
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FAILS TO ESTABLISH THE MECHANISMS, CONTROLS AND SYSTEMS IN
ACCORDANCE WITH PARAGRAPH (2.1)(II) AND (III) SHALL BE
ASSESSED A FINE OF NOT LESS THAN $5,000 PER DAY FOR EACH DAY
THE MECHANISMS, CONTROLS AND SYSTEMS ARE NOT AVAILABLE TO
INTERACTIVE GAMING ACCOUNT HOLDERS.
* * *
SECTION 12.1. TITLE 4 IS AMENDED BY ADDING A SECTION TO
READ:
§ 1509.2. CHILD ENDANGERMENT PROTECTION.
(A) POSTING OF SIGNS.--THE FOLLOWING SHALL APPLY:
(1) EACH LICENSED GAMING ENTITY SHALL POST THE NECESSARY
SIGNAGE TO NOTIFY PATRONS OF THE PROHIBITION AGAINST LEAVING
A CHILD UNATTENDED IN A VEHICLE UNDER SECTION 1518(A)(18)
(RELATING TO PROHIBITED ACTS; PENALTIES) AND UNDERAGE
GAMBLING UNDER SECTION 1518(A)(13) AND (13.1) AND THE PENALTY
FOR VIOLATIONS.
(2) THE SIGNS SHALL BE CONSPICUOUSLY POSTED IN CLEAR
VIEW OF ALL PARKING AREAS AND OTHER PUBLIC AREAS OF THE
LICENSED FACILITY AND, INCLUDING WHERE APPLICABLE, NONPRIMARY
LOCATIONS, AS DETERMINED BY THE LICENSED GAMING ENTITY AND
APPROVED BY THE BOARD.
(3) THE BOARD SHALL DETERMINE THE WRITTEN CONTENT AND
MINIMUM NUMBER OF SIGNS TO BE POSTED AT EACH LICENSED
FACILITY.
(B) FINE.--A LICENSED GAMING ENTITY THAT FAILS TO POST
SIGNAGE IN ACCORDANCE WITH SUBSECTION (A) SHALL BE ASSESSED A
FINE OF $1,000 PER DAY FOR EACH DAY THE MINIMUM NUMBER OF SIGNS
AS PRESCRIBED BY THE BOARD ARE NOT POSTED.
SECTION 13. SECTION 1512 OF TITLE 4 IS AMENDED BY ADDING A
SUBSECTION TO READ:
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§ 1512. FINANCIAL AND EMPLOYMENT INTERESTS.
* * *
(A.6) PROHIBITION RELATED TO INTERACTIVE GAMING.--
(1) EXCEPT AS MAY BE PROVIDED BY RULE OR ORDER OF THE
PENNSYLVANIA SUPREME COURT AND EXCEPT AS PROVIDED IN SECTION
1202.1 (RELATING TO CODE OF CONDUCT) OR 1512.1 (RELATING TO
ADDITIONAL RESTRICTIONS), NO EXECUTIVE-LEVEL PUBLIC EMPLOYEE,
PUBLIC OFFICIAL OR PARTY OFFICER OR IMMEDIATE FAMILY MEMBER
THEREOF SHALL HOLD, DIRECTLY OR INDIRECTLY, AN INTEREST IN,
HOLD EMPLOYMENT WITH, REPRESENT, APPEAR FOR, OR NEGOTIATE ON
BEHALF OF, OR DERIVE ANY REMUNERATION, PAYMENT, BENEFIT OR
ANY OTHER THING OF VALUE FOR ANY SERVICES, INCLUDING, BUT NOT
LIMITED TO, CONSULTING OR SIMILAR SERVICES FROM ANY HOLDER OF
OR APPLICANT FOR AN INTERACTIVE GAMING CERTIFICATE, HOLDER OR
APPLICANT FOR AN INTERACTIVE GAMING LICENSE OR OTHER
AUTHORIZATION TO CONDUCT INTERACTIVE GAMING OR ANY HOLDING OR
INTERMEDIARY COMPANY WITH RESPECT THERETO, OR ANY INTERACTIVE
GAMING AFFILIATE OF ANY HOLDER OF OR APPLICANT FOR A SLOT
MACHINE LICENSE, OR ANY HOLDING OR INTERMEDIARY COMPANY WITH
RESPECT THERETO, OR ANY BUSINESS, ASSOCIATION, ENTERPRISE OR
OTHER ENTITY THAT IS ORGANIZED IN WHOLE OR IN PART FOR THE
PURPOSE OF PROMOTING, ADVOCATING FOR OR ADVANCING THE
INTERESTS OF THE INTERACTIVE GAMING INDUSTRY GENERALLY OR ANY
INTERACTIVE GAMING-RELATED BUSINESS OR BUSINESSES IN
CONNECTION WITH ANY CAUSE, APPLICATION OR MATTER.
(2) NOTWITHSTANDING PARAGRAPH (1), A MEMBER OF THE
IMMEDIATE FAMILY OF AN EXECUTIVE-LEVEL PUBLIC EMPLOYEE,
PUBLIC OFFICIAL OR PARTY OFFICER MAY HOLD EMPLOYMENT WITH THE
HOLDER OF OR APPLICANT FOR AN INTERACTIVE GAMING CERTIFICATE,
HOLDER OR APPLICANT FOR AN INTERACTIVE GAMING LICENSE OR
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OTHER AUTHORIZATION TO CONDUCT INTERACTIVE GAMING OR ANY
HOLDING OR INTERMEDIARY COMPANY WITH RESPECT THERETO OR ANY
INTERACTIVE GAMING AFFILIATE OR INTERACTIVE GAMING OPERATOR
OF ANY HOLDER OF OR APPLICANT FOR A SLOT MACHINE LICENSE OR
INTERACTIVE GAMING LICENSE OR ANY HOLDING OR INTERMEDIARY
COMPANY WITH RESPECT THERETO, IF IN THE JUDGMENT OF THE STATE
ETHICS COMMISSION OR THE SUPREME COURT, AS APPROPRIATE,
EMPLOYMENT WILL NOT INTERFERE WITH THE RESPONSIBILITIES OF
THE EXECUTIVE-LEVEL PUBLIC EMPLOYEE, PUBLIC OFFICIAL OR PARTY
OFFICER AND WILL NOT CREATE A CONFLICT OF INTEREST OR
REASONABLE RISK OF THE PUBLIC PERCEPTION OF A CONFLICT OF
INTEREST ON THE PART OF THE EXECUTIVE-LEVEL PUBLIC EMPLOYEE,
PUBLIC OFFICIAL OR PARTY OFFICER.
(3) THE FINANCIAL INTEREST AND EMPLOYMENT PROHIBITIONS
SPECIFIED IN PARAGRAPHS (1) AND (2) SHALL APPLY TO CASINO
SIMULCASTING UNDER CHAPTER 13C (RELATING TO CASINO
SIMULCASTING) AND SLOT MACHINES AT NONPRIMARY LOCATIONS UNDER
CHAPTER 13D (RELATING TO SLOT MACHINES AT NONPRIMARY
LOCATIONS).
* * *
SECTION 14. SECTIONS 1514 HEADING, (A), (D), (E) AND (F),
1515, 1516 AND 1517(B)(1), (C)(12) AND (E)(1) OF TITLE 4 ARE
AMENDED TO READ:
§ 1514. REGULATION REQUIRING EXCLUSION [OR], EJECTION OR DENIAL
OF ACCESS OF CERTAIN PERSONS.
(A) GENERAL RULE.--THE BOARD SHALL BY REGULATION PROVIDE FOR
THE ESTABLISHMENT OF A LIST OF PERSONS WHO ARE TO BE EXCLUDED OR
EJECTED FROM ANY LICENSED FACILITY OR WHO MAY BE DENIED ACCESS
TO INTERACTIVE GAMING, CASINO SIMULCASTING OR SLOT MACHINES AT
NONPRIMARY LOCATIONS. THE PROVISIONS SHALL DEFINE THE STANDARDS
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FOR EXCLUSION AND SHALL INCLUDE STANDARDS RELATING TO PERSONS
WHO ARE CAREER OR PROFESSIONAL OFFENDERS AS DEFINED BY
REGULATIONS OF THE BOARD OR WHOSE PRESENCE IN A LICENSED
FACILITY OR WHOSE ACCESS TO INTERACTIVE GAMING, CASINO
SIMULCASTING AND SLOT MACHINES AT NONPRIMARY LOCATIONS WOULD, IN
THE OPINION OF THE BOARD, BE INIMICAL TO THE INTEREST OF THE
COMMONWEALTH OR OF LICENSED GAMING THEREIN, OR BOTH.
* * *
(D) SANCTIONS.--THE BOARD MAY IMPOSE SANCTIONS UPON A
LICENSED GAMING ENTITY OR INTERACTIVE GAMING LICENSEE IN
ACCORDANCE WITH THIS PART IF THE LICENSED GAMING ENTITY
KNOWINGLY FAILS TO EXCLUDE OR EJECT FROM THE PREMISES OF ANY
LICENSED FACILITY OR DENY ACCESS TO INTERACTIVE GAMING, CASINO
SIMULCASTING OR TO SLOT MACHINES AT A NONPRIMARY LOCATION ANY
PERSON PLACED BY THE BOARD ON THE LIST OF PERSONS TO BE EXCLUDED
[OR], EJECTED OR DENIED ACCESS.
(E) LIST NOT ALL-INCLUSIVE.--ANY LIST COMPILED BY THE BOARD
OF PERSONS TO BE EXCLUDED [OR], EJECTED OR DENIED ACCESS SHALL
NOT BE DEEMED AN ALL-INCLUSIVE LIST, AND A LICENSED GAMING
ENTITY SHALL HAVE A DUTY TO KEEP FROM THE LICENSED FACILITY AND
FROM INTERACTIVE GAMING, CASINO SIMULCASTING AND SLOT MACHINES
AT A NONPRIMARY LOCATION PERSONS KNOWN TO IT TO BE WITHIN THE
CLASSIFICATIONS DECLARED IN THIS SECTION AND THE REGULATIONS
PROMULGATED UNDER THIS SECTION WHOSE PRESENCE IN A LICENSED
FACILITY OR WHOSE PARTICIPATION IN INTERACTIVE GAMING, CASINO
SIMULCASTING AND THE PLAY OF SLOT MACHINES AT A NONPRIMARY
LOCATION WOULD BE INIMICAL TO THE INTEREST OF THE COMMONWEALTH
OR OF LICENSED GAMING THEREIN, OR BOTH, AS DEFINED IN STANDARDS
ESTABLISHED BY THE BOARD.
(F) NOTICE.--WHENEVER THE BUREAU SEEKS TO PLACE THE NAME OF
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ANY PERSON ON A LIST PURSUANT TO THIS SECTION, THE BUREAU SHALL
SERVE NOTICE OF THIS FACT TO SUCH PERSON BY PERSONAL SERVICE OR
CERTIFIED MAIL AT THE LAST KNOWN ADDRESS OF THE PERSON. THE
NOTICE SHALL INFORM THE PERSON OF THE RIGHT TO REQUEST A HEARING
UNDER SUBSECTION (G). THE BUREAU MAY ALSO PROVIDE NOTICE BY E-
MAIL, IF THE ELECTRONIC MAIL ADDRESS OF THE PERSON IS KNOWN TO
THE BUREAU.
* * *
§ 1515. REPEAT OFFENDERS EXCLUDABLE FROM LICENSED GAMING
FACILITY.
A LICENSED GAMING ENTITY MAY EXCLUDE OR EJECT FROM ITS
LICENSED FACILITY OR DENY ACCESS TO INTERACTIVE GAMING, CASINO
SIMULCASTING AND SLOT MACHINES AT A NONPRIMARY LOCATION ANY
PERSON WHO IS KNOWN TO IT TO HAVE BEEN CONVICTED OF A
MISDEMEANOR OR FELONY COMMITTED IN OR ON THE PREMISES OF ANY
LICENSED FACILITY. NOTHING IN THIS SECTION OR IN ANY OTHER LAW
OF THIS COMMONWEALTH SHALL LIMIT THE RIGHT OF A LICENSED GAMING
ENTITY TO EXERCISE ITS COMMON LAW RIGHT TO EXCLUDE OR EJECT
PERMANENTLY FROM ITS LICENSED FACILITY OR PERMANENTLY DENY
ACCESS TO ITS INTERACTIVE GAMING, CASINO SIMULCASTING AND SLOT
MACHINES AT A NONPRIMARY LOCATION ANY PERSON WHO DISRUPTS THE
OPERATIONS OF ITS PREMISES OR ITS INTERACTIVE GAMING OR CASINO
SIMULCASTING OPERATIONS OR THE OPERATION OF SLOT MACHINES AT A
NONPRIMARY LOCATION, THREATENS THE SECURITY OF ITS PREMISES OR
ITS OCCUPANTS OR IS DISORDERLY OR INTOXICATED[.] OR WHO
THREATENS THE SECURITY OF ITS LICENSED FACILITY, INCLUDING THE
AREA OF A NONPRIMARY LOCATION WHERE SLOT MACHINES ARE PLACED AND
MADE AVAILABLE FOR PLAY, THE AREA OF A LICENSED FACILITY WHERE
INTERACTIVE GAMING OPERATIONS ARE CONDUCTED OR CASINO
SIMULCASTING.
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§ 1516. LIST OF PERSONS SELF EXCLUDED FROM GAMING ACTIVITIES.
(A) GENERAL RULE.--THE BOARD SHALL PROVIDE BY REGULATION FOR
THE ESTABLISHMENT OF A LIST OF PERSONS SELF EXCLUDED FROM GAMING
ACTIVITIES, INCLUDING INTERACTIVE GAMING, CASINO SIMULCASTING
AND THE PLAY OF SLOT MACHINES AT NONPRIMARY LOCATIONS, AT ALL
LICENSED FACILITIES. ANY PERSON MAY REQUEST PLACEMENT ON THE
LIST OF SELF-EXCLUDED PERSONS BY ACKNOWLEDGING IN A MANNER TO BE
ESTABLISHED BY THE BOARD THAT THE PERSON IS A PROBLEM GAMBLER
AND BY AGREEING THAT, DURING ANY PERIOD OF VOLUNTARY EXCLUSION,
THE PERSON MAY NOT COLLECT ANY WINNINGS OR RECOVER ANY LOSSES
RESULTING FROM ANY GAMING ACTIVITY AT LICENSED FACILITIES,
INCLUDING INTERACTIVE GAMING, CASINO SIMULCASTING AND THE PLAY
OF SLOT MACHINES AT A NONPRIMARY LOCATION.
(B) REGULATIONS.--THE REGULATIONS OF THE BOARD SHALL
ESTABLISH PROCEDURES FOR PLACEMENTS ON AND REMOVALS FROM THE
LIST OF SELF-EXCLUDED PERSONS. THE REGULATIONS SHALL ESTABLISH
PROCEDURES FOR THE TRANSMITTAL TO LICENSED GAMING ENTITIES OF
IDENTIFYING INFORMATION CONCERNING SELF-EXCLUDED PERSONS AND
SHALL REQUIRE LICENSED GAMING ENTITIES TO ESTABLISH PROCEDURES
DESIGNED AT A MINIMUM TO DENY SELF-EXCLUDED PERSONS ACCESS TO
INTERACTIVE GAMING, CASINO SIMULCASTING AND THE PLAY OF SLOT
MACHINES AT NONPRIMARY LOCATIONS AND TO REMOVE SELF-EXCLUDED
PERSONS FROM TARGETED MAILINGS OR OTHER FORMS OF ADVERTISING OR
PROMOTIONS AND DENY SELF-EXCLUDED PERSONS ACCESS TO
COMPLIMENTARIES, CHECK CASHING PRIVILEGES, CLUB PROGRAMS AND
OTHER SIMILAR BENEFITS.
(C) LIABILITY.--A LICENSED GAMING ENTITY OR EMPLOYEE THEREOF
SHALL NOT BE LIABLE TO ANY SELF-EXCLUDED PERSON OR TO ANY OTHER
PARTY IN ANY JUDICIAL PROCEEDING FOR ANY HARM, MONETARY OR
OTHERWISE, WHICH MAY ARISE AS A RESULT OF:
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(1) THE FAILURE OF A LICENSED GAMING ENTITY TO WITHHOLD
GAMING PRIVILEGES FROM OR RESTORE GAMING PRIVILEGES TO A
SELF-EXCLUDED PERSON; [OR]
(1.1) THE FAILURE OF A INTERACTIVE GAMING CERTIFICATE
HOLDER OR INTERACTIVE GAMING LICENSEE TO WITHHOLD INTERACTIVE
GAMING PRIVILEGES FROM OR RESTORE INTERACTIVE GAMING
PRIVILEGES TO A SELF-EXCLUDED PERSON;
(1.2) THE FAILURE OF A CASINO SIMULCASTING PERMIT HOLDER
TO WITHHOLD CASINO SIMULCASTING PRIVILEGES FROM OR RESTORE
SUCH PRIVILEGES TO A SELF-EXCLUDED PERSON;
(1.3) THE FAILURE OF A CATEGORY 1 LICENSED GAMING ENTITY
TO WITHHOLD OR RESTORE ACCESS TO SLOT MACHINES AT A
NONPRIMARY LOCATION TO A SELF-EXCLUDED PERSON; OR
(2) OTHERWISE PERMITTING OR NOT PERMITTING A SELF-
EXCLUDED PERSON TO ENGAGE IN GAMING ACTIVITY IN THE FACILITY
OR PARTICIPATE IN INTERACTIVE GAMING, CASINO SIMULCASTING OR
SLOT MACHINE PLAY AT A NONPRIMARY LOCATION WHILE ON THE LIST
OF SELF-EXCLUDED PERSONS.
(D) DISCLOSURE.--NOTWITHSTANDING ANY OTHER LAW TO THE
CONTRARY, THE BOARD'S LIST OF SELF-EXCLUDED PERSONS SHALL NOT BE
OPEN TO PUBLIC INSPECTION. NOTHING IN THIS SECTION, HOWEVER,
SHALL BE CONSTRUED TO PROHIBIT A LICENSED GAMING ENTITY FROM
DISCLOSING THE IDENTITY OF PERSONS SELF EXCLUDED PURSUANT TO
THIS SECTION TO AFFILIATED GAMING ENTITIES IN THIS COMMONWEALTH
OR OTHER JURISDICTIONS FOR THE LIMITED PURPOSE OF ASSISTING IN
THE PROPER ADMINISTRATION OF RESPONSIBLE GAMING PROGRAMS
OPERATED BY AFFILIATED LICENSED GAMING ENTITIES.
§ 1517. INVESTIGATIONS AND ENFORCEMENT.
* * *
(B) POWERS AND DUTIES OF DEPARTMENT.--
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(1) THE DEPARTMENT SHALL AT ALL TIMES HAVE THE POWER OF
ACCESS TO EXAMINE AND AUDIT EQUIPMENT AND RECORDS RELATING TO
ALL ASPECTS OF THE OPERATION OF SLOT MACHINES [OR], TABLE
GAMES, INTERACTIVE GAMES AND CASINO SIMULCASTING UNDER THIS
PART.
* * *
(C) POWERS AND DUTIES OF THE PENNSYLVANIA STATE POLICE.--THE
PENNSYLVANIA STATE POLICE SHALL HAVE THE FOLLOWING POWERS AND
DUTIES:
* * *
(12) CONDUCT AUDITS OR VERIFICATION OF INFORMATION OF
SLOT MACHINE [OR], TABLE GAME OPERATIONS, INCLUDING THE
OPERATION OF SLOT MACHINES USED IN A MULTISTATE WIDE-AREA
PROGRESSIVE SLOT MACHINE SYSTEM AND IN THE OPERATION OF SKILL
OR HYBRID SLOT MACHINES, INTERACTIVE GAMING AND CASINO
SIMULCASTING OPERATIONS AND THE OPERATION OF SLOT MACHINES AT
A NONPRIMARY LOCATION AT SUCH TIMES, UNDER SUCH CIRCUMSTANCES
AND TO SUCH EXTENT AS THE BUREAU DETERMINES. THIS PARAGRAPH
INCLUDES REVIEWS OF ACCOUNTING, ADMINISTRATIVE AND FINANCIAL
RECORDS AND MANAGEMENT CONTROL SYSTEMS, PROCEDURES AND
RECORDS UTILIZED BY A SLOT MACHINE LICENSEE.
* * *
(E) INSPECTION, SEIZURE AND WARRANTS.--
(1) THE BUREAU, THE DEPARTMENT AND THE PENNSYLVANIA
STATE POLICE SHALL HAVE THE AUTHORITY WITHOUT NOTICE AND
WITHOUT WARRANT TO DO ALL OF THE FOLLOWING IN THE PERFORMANCE
OF THEIR DUTIES:
(I) INSPECT AND EXAMINE ALL PREMISES, INCLUDING THE
PREMISES OF A NONPRIMARY LOCATION, WHERE SLOT MACHINE
[OR], TABLE GAME, INTERACTIVE GAMING AND CASINO
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SIMULCASTING OPERATIONS ARE CONDUCTED, SLOT MACHINES,
TABLE GAME DEVICES AND ASSOCIATED EQUIPMENT, INTERACTIVE
GAMING DEVICES AND ASSOCIATED EQUIPMENT OR CASINO
SIMULCASTING TECHNOLOGY OR EQUIPMENT ARE MANUFACTURED,
SOLD, DISTRIBUTED OR SERVICED OR WHERE RECORDS OF THESE
ACTIVITIES ARE PREPARED OR MAINTAINED.
(II) INSPECT ALL EQUIPMENT AND SUPPLIES IN, ABOUT,
UPON OR AROUND PREMISES REFERRED TO IN SUBPARAGRAPH (I).
(III) SEIZE, SUMMARILY REMOVE AND IMPOUND EQUIPMENT
AND SUPPLIES FROM PREMISES REFERRED TO IN SUBPARAGRAPH
(I) FOR THE PURPOSES OF EXAMINATION AND INSPECTION.
(IV) INSPECT, EXAMINE AND AUDIT ALL BOOKS, RECORDS
AND DOCUMENTS PERTAINING TO A SLOT MACHINE LICENSEE'S
OPERATION.
(V) SEIZE, IMPOUND OR ASSUME PHYSICAL CONTROL OF ANY
BOOK, RECORD, LEDGER, GAME, DEVICE, CASH BOX AND ITS
CONTENTS, COUNT ROOM OR ITS EQUIPMENT, INTERACTIVE GAMING
DEVICES AND ASSOCIATED EQUIPMENT OR CASINO SIMULCASTING
TECHNOLOGY OR EQUIPMENT OR SLOT MACHINE [OR], TABLE GAME,
INTERACTIVE GAMING OR CASINO SIMULCASTING OPERATIONS.
* * *
SECTION 15. SECTION 1518(A)(1), (2), (3), (4), (5), (7.1),
(11), (13), (13.1), (15) AND (17) AND (B)(1), (2) AND (3) OF
TITLE 4 ARE AMENDED, SUBSECTIONS (A) AND (B) ARE AMENDED BY
ADDING PARAGRAPHS AND SUBSECTION (C)(1) IS AMENDED BY ADDING A
SUBPARAGRAPH TO READ:
§ 1518. PROHIBITED ACTS; PENALTIES.
(A) CRIMINAL OFFENSES.--
(1) THE PROVISIONS OF 18 PA.C.S. § 4902 (RELATING TO
PERJURY), 4903 (RELATING TO FALSE SWEARING) OR 4904 (RELATING
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TO UNSWORN FALSIFICATION TO AUTHORITIES) SHALL APPLY TO ANY
PERSON PROVIDING INFORMATION OR MAKING ANY STATEMENT, WHETHER
WRITTEN OR ORAL, TO THE BOARD, THE COMMISSIONS, THE BUREAU,
THE DEPARTMENT, THE PENNSYLVANIA STATE POLICE OR THE OFFICE
OF ATTORNEY GENERAL, AS REQUIRED BY THIS PART.
(2) IT SHALL BE UNLAWFUL FOR A PERSON TO WILLFULLY:
(I) FAIL TO REPORT, PAY OR TRUTHFULLY ACCOUNT FOR
AND PAY OVER ANY LICENSE FEE, AUTHORIZATION FEE, PERMIT
FEE, TAX OR ASSESSMENT IMPOSED UNDER THIS PART; OR
(II) ATTEMPT IN ANY MANNER TO EVADE OR DEFEAT ANY
LICENSE FEE, AUTHORIZATION FEE, PERMIT FEE, REGISTRATION
FEE, TAX OR ASSESSMENT OR ANY OTHER FEE IMPOSED UNDER
THIS PART.
(3) IT SHALL BE UNLAWFUL FOR ANY LICENSED ENTITY, GAMING
EMPLOYEE, KEY EMPLOYEE OR ANY OTHER PERSON TO PERMIT A SLOT
MACHINE, TABLE GAME OR TABLE GAME DEVICE, INTERACTIVE GAME OR
INTERACTIVE GAMING DEVICE OR ASSOCIATED EQUIPMENT OR CASINO
SIMULCASTING TECHNOLOGY OR EQUIPMENT TO BE OPERATED,
TRANSPORTED, REPAIRED OR OPENED ON THE PREMISES OF A LICENSED
FACILITY BY A PERSON OTHER THAN A PERSON LICENSED OR
PERMITTED BY THE BOARD PURSUANT TO THIS PART.
(3.1) IT SHALL BE UNLAWFUL FOR ANY PERSON WHO DOES NOT
POSSESS A VALID AND THEN EFFECTIVE INTERACTIVE GAMING
CERTIFICATE OR INTERACTIVE GAMING LICENSE ISSUED BY THE BOARD
IN ACCORDANCE WITH CHAPTER 13B (RELATING TO INTERACTIVE
GAMING) TO ACCEPT ANY WAGER ASSOCIATED WITH ANY AUTHORIZED
INTERACTIVE GAME FROM ANY INDIVIDUAL WITHOUT VERIFYING THE
AGE, IDENTITY AND PHYSICAL LOCATION OF THE PLAYER AT THE TIME
OF PLAY OR WAGER.
(3.2) IT SHALL BE UNLAWFUL FOR ANY PERSON WHO DOES NOT
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POSSESS A VALID AND THEN EFFECTIVE CASINO SIMULCASTING PERMIT
ISSUED BY THE BOARD IN ACCORDANCE WITH SECTION 13C12
(RELATING TO CASINO SIMULCASTING PERMIT) TO OPERATE OR PERMIT
AN INDIVIDUAL TO PARTICIPATE IN CASINO SIMULCASTING AT A
CATEGORY 2 LICENSED FACILITY IN THIS COMMONWEALTH.
(3.3) IT SHALL BE UNLAWFUL FOR ANY PERSON WHO DOES NOT
POSSESS A VALID NONPRIMARY LOCATION PERMIT ISSUED BY THE
BOARD IN ACCORDANCE WITH SECTION 13D12 (RELATING TO ISSUANCE
AND TERMS OF NONPRIMARY LOCATION PERMIT) TO PLACE AND MAKE
SLOT MACHINES AVAILABLE FOR PLAY AT A NONPRIMARY LOCATION.
(4) IT SHALL BE UNLAWFUL FOR ANY LICENSED ENTITY OR
OTHER PERSON TO MANUFACTURE, SUPPLY OR PLACE SLOT MACHINES,
TABLE GAMES, TABLE GAME DEVICES OR ASSOCIATED EQUIPMENT,
AUTHORIZED INTERACTIVE GAME OR INTERACTIVE GAMING DEVICES OR
ASSOCIATED EQUIPMENT OR CASINO SIMULCASTING TECHNOLOGY OR
EQUIPMENT INTO PLAY OR DISPLAY SLOT MACHINES, INCLUDING SLOT
MACHINES AT A NONPRIMARY LOCATION, TABLE GAMES, TABLE GAME
DEVICES OR ASSOCIATED EQUIPMENT ON THE PREMISES OF A LICENSED
FACILITY WITHOUT THE AUTHORITY OF THE BOARD.
(4.1) IT SHALL BE UNLAWFUL FOR ANY SLOT MACHINE LICENSEE
TO OFFER INTERACTIVE GAMES INTO PLAY OR DISPLAY SUCH GAMES ON
ITS INTERACTIVE GAMING SKIN OR INTERNET WEBSITE WITHOUT THE
APPROVAL OF THE BOARD.
(4.2) IT SHALL BE UNLAWFUL FOR ANY LICENSED ENTITY OR
OTHER PERSON TO MANUFACTURE, SUPPLY OR PLACE INTERACTIVE
GAMING DEVICES OR ASSOCIATED EQUIPMENT INTO OPERATION AT A
LICENSED FACILITY WITHOUT THE APPROVAL OF THE BOARD.
(4.3) IT SHALL BE UNLAWFUL FOR ANY CATEGORY 2 SLOT
MACHINE LICENSEE TO CONDUCT CASINO SIMULCASTING WITHOUT THE
APPROVAL OF THE BOARD, IN CONSULTATION WITH THE COMMISSIONS.
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(4.4) IT SHALL BE UNLAWFUL FOR ANY CATEGORY 1 SLOT
MACHINE LICENSEE TO PLACE AND MAKE SLOT MACHINES AVAILABLE
FOR PLAY AT A NONPRIMARY LOCATION WITHOUT THE APPROVAL OF THE
BOARD.
(5) EXCEPT AS PROVIDED FOR IN SECTION 1326 (RELATING TO
[LICENSE] RENEWALS), IT SHALL BE UNLAWFUL FOR A LICENSED
ENTITY OR OTHER PERSON TO MANUFACTURE, SUPPLY, OPERATE, CARRY
ON OR EXPOSE FOR PLAY ANY SLOT MACHINE, INCLUDING SLOT
MACHINES AT A NONPRIMARY LOCATION, TABLE GAME, TABLE GAME
DEVICE OR ASSOCIATED EQUIPMENT, INTERACTIVE GAME OR
INTERACTIVE GAMING DEVICE OR ASSOCIATED EQUIPMENT OR CASINO
SIMULCASTING TECHNOLOGY OR EQUIPMENT AFTER THE PERSON'S
LICENSE HAS EXPIRED AND PRIOR TO THE ACTUAL RENEWAL OF THE
LICENSE.
* * *
(7.1) IT SHALL BE UNLAWFUL FOR AN INDIVIDUAL TO DO ANY
OF THE FOLLOWING:
(I) USE OR POSSESS COUNTERFEIT, MARKED, LOADED OR
TAMPERED WITH TABLE GAME DEVICES OR ASSOCIATED EQUIPMENT,
CHIPS OR OTHER CHEATING DEVICES IN THE CONDUCT OF GAMING
UNDER THIS PART, EXCEPT THAT AN AUTHORIZED EMPLOYEE OF A
LICENSEE OR AN AUTHORIZED EMPLOYEE OF THE BOARD MAY
POSSESS AND USE COUNTERFEIT CHIPS OR TABLE GAME DEVICES
OR ASSOCIATED EQUIPMENT THAT HAVE BEEN MARKED, LOADED OR
TAMPERED WITH, OR OTHER CHEATING DEVICES OR ANY
UNAUTHORIZED INTERACTIVE GAMING DEVICE OR ASSOCIATED
EQUIPMENT IN PERFORMANCE OF THE DUTIES OF EMPLOYMENT FOR
TRAINING, INVESTIGATIVE OR TESTING PURPOSES ONLY.
(II) KNOWINGLY, BY A TRICK OR SLEIGHT OF HAND
PERFORMANCE OR BY FRAUD OR FRAUDULENT SCHEME, OR
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MANIPULATION, TABLE GAME DEVICE OR OTHER DEVICE, OR
INTERACTIVE GAMING DEVICE FOR HIMSELF OR FOR ANOTHER, WIN
OR ATTEMPT TO WIN ANY CASH, PROPERTY OR PRIZE AT A
LICENSED FACILITY OR TO REDUCE OR ATTEMPT TO REDUCE A
LOSING WAGER.
(7.2) IT SHALL BE UNLAWFUL FOR A PERSON TO KNOWINGLY
ALTER, TAMPER OR MANIPULATE INTERACTIVE GAMING DEVICES OR
ASSOCIATED EQUIPMENT, INCLUDING SOFTWARE, SYSTEM PROGRAMS,
HARDWARE AND ANY OTHER DEVICE OR ASSOCIATED EQUIPMENT USED IN
INTERACTIVE GAMING OPERATIONS, IN ORDER TO ALTER THE ODDS OR
THE PAYOUT OF AN INTERACTIVE GAME OR TO DISABLE THE
INTERACTIVE GAME FROM OPERATING ACCORDING TO THE RULES OF THE
GAME AS AUTHORIZED BY THE BOARD.
(7.3) IT SHALL BE UNLAWFUL FOR A PERSON TO KNOWINGLY
OFFER OR ALLOW TO BE OFFERED ANY AUTHORIZED INTERACTIVE GAME
THAT HAS BEEN ALTERED, TAMPERED WITH OR MANIPULATED IN A WAY
THAT AFFECTS THE ODDS OR THE PAYOUT OF AN INTERACTIVE GAME OR
DISABLES THE INTERACTIVE GAME FROM OPERATING ACCORDING TO THE
RULES OF THE GAME AS AUTHORIZED BY THE BOARD.
* * *
(11) IT SHALL BE UNLAWFUL FOR A LICENSED GAMING ENTITY
THAT IS A LICENSED RACING ENTITY AND THAT HAS LOST THE
LICENSE ISSUED TO IT BY EITHER THE STATE HORSE RACING
COMMISSION OR THE STATE HARNESS RACING COMMISSION UNDER THE
RACE HORSE INDUSTRY REFORM ACT OR THAT HAS HAD THAT LICENSE
SUSPENDED TO OPERATE SLOT MACHINES [OR], TABLE GAMES OR
AUTHORIZED INTERACTIVE GAMES AT THE RACETRACK OR NONPRIMARY
LOCATION FOR WHICH ITS SLOT MACHINE LICENSE WAS ISSUED UNLESS
THE LICENSE ISSUED TO IT BY EITHER THE STATE HORSE RACING
COMMISSION OR THE STATE HARNESS RACING COMMISSION WILL BE
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SUBSEQUENTLY REISSUED OR REINSTATED WITHIN 30 DAYS AFTER THE
LOSS OR SUSPENSION.
* * *
(13) IT SHALL BE UNLAWFUL FOR AN INDIVIDUAL UNDER 21
YEARS OF AGE TO ENTER AND REMAIN IN ANY AREA OF A LICENSED
FACILITY WHERE SLOT MACHINES ARE OPERATED, INCLUDING ANY AREA
OF A NONPRIMARY LOCATION, OR THE PLAY OF TABLE GAMES IS
CONDUCTED OR WHERE CASINO SIMULCASTING IS CONDUCTED, EXCEPT
THAT AN INDIVIDUAL 18 YEARS OF AGE OR OLDER EMPLOYED BY A
SLOT MACHINE LICENSEE, A GAMING SERVICE PROVIDER, THE BOARD
OR ANY OTHER REGULATORY OR EMERGENCY RESPONSE AGENCY MAY
ENTER AND REMAIN IN ANY SUCH AREA WHILE ENGAGED IN THE
PERFORMANCE OF THE INDIVIDUAL'S EMPLOYMENT DUTIES.
(13.1) IT SHALL BE UNLAWFUL FOR AN INDIVIDUAL UNDER 21
YEARS OF AGE TO WAGER, PLAY OR ATTEMPT TO PLAY A SLOT MACHINE
OR TABLE GAME, OR WAGER, PLAY OR ATTEMPT TO PLAY AN
INTERACTIVE GAME OR PARTICIPATE IN CASINO SIMULCASTING AT A
LICENSED FACILITY, INCLUDING A NONPRIMARY LOCATION.
(13.2) IT SHALL BE UNLAWFUL TO ALLOW A PERSON UNDER 21
YEARS OF AGE TO OPEN, MAINTAIN OR USE IN ANY WAY AN
INTERACTIVE GAMING ACCOUNT. ANY INTERACTIVE GAMING
CERTIFICATE HOLDER, INTERACTIVE GAMING LICENSEE OR EMPLOYEE
OF AN INTERACTIVE GAMING CERTIFICATE HOLDER OR INTERACTIVE
GAMING LICENSEE WHO KNOWINGLY ALLOWS A PERSON UNDER 21 YEARS
OF AGE TO OPEN, MAINTAIN OR USE AN INTERACTIVE GAMING ACCOUNT
SHALL BE SUBJECT TO THE PENALTY SET FORTH IN THIS SECTION,
EXCEPT THAT THE ESTABLISHMENT OF ALL OF THE FOLLOWING FACTS
BY AN INTERACTIVE GAMING CERTIFICATE HOLDER, INTERACTIVE
GAMING LICENSEE OR EMPLOYEE OF AN INTERACTIVE GAMING
CERTIFICATE HOLDER OR INTERACTIVE GAMING LICENSEE SHALL
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CONSTITUTE A DEFENSE TO ANY REGULATORY ACTION BY THE BOARD OR
THE PENALTY AUTHORIZED UNDER THIS SECTION:
(I) THE UNDERAGE PERSON FALSELY REPRESENTED THAT HE
WAS OF THE PERMITTED 21 YEARS OF AGE IN THE APPLICATION
FOR AN INTERACTIVE GAMING ACCOUNT; AND
(II) THE ESTABLISHMENT OF THE INTERACTIVE GAMING
ACCOUNT WAS MADE IN GOOD FAITH RELIANCE UPON SUCH
REPRESENTATION AND IN THE REASONABLE BELIEF THAT THE
UNDERAGE PERSON WAS 21 YEARS OF AGE.
* * *
(15) IT SHALL BE UNLAWFUL FOR A LICENSED GAMING ENTITY
TO REQUIRE A WAGER TO BE GREATER THAN THE STATED MINIMUM
WAGER OR LESS THAN THE STATED MAXIMUM WAGER. HOWEVER, A WAGER
MADE BY A PLAYER AND NOT REJECTED BY A LICENSED GAMING ENTITY
PRIOR TO COMMENCEMENT OF PLAY SHALL BE TREATED AS A VALID
WAGER. A WAGER ACCEPTED BY A DEALER OR THROUGH AN AUTHORIZED
INTERACTIVE GAME SHALL BE PAID OR LOST IN ITS ENTIRETY IN
ACCORDANCE WITH THE RULES OF THE GAME, NOTWITHSTANDING THAT
THE WAGER EXCEEDED THE CURRENT TABLE MAXIMUM WAGER OR
AUTHORIZED INTERACTIVE GAME WAGER OR WAS LOWER THAN THE
CURRENT TABLE MINIMUM WAGER OR MINIMUM INTERACTIVE GAME
WAGER.
* * *
(17) IT SHALL BE UNLAWFUL FOR AN INDIVIDUAL TO CLAIM,
COLLECT OR TAKE, OR ATTEMPT TO CLAIM, COLLECT OR TAKE, MONEY
OR ANYTHING OF VALUE IN OR FROM A SLOT MACHINE, INCLUDING
FROM SLOT MACHINES AT A NONPRIMARY LOCATION, GAMING TABLE OR
OTHER TABLE GAME DEVICE, INTERACTIVE GAME OR INTERACTIVE
GAMING DEVICE OR FROM CASINO SIMULCASTING OPERATIONS WITH THE
INTENT TO DEFRAUD, OR TO CLAIM, COLLECT OR TAKE AN AMOUNT
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GREATER THAN THE AMOUNT WON, OR TO MANIPULATE WITH THE INTENT
TO CHEAT, ANY COMPONENT OF ANY SLOT MACHINE, INCLUDING SLOT
MACHINES AT NONPRIMARY LOCATIONS, TABLE GAME OR TABLE GAME
DEVICE, INTERACTIVE GAME OR INTERACTIVE GAMING DEVICE OR
CASINO SIMULCASTING OPERATIONS IN A MANNER CONTRARY TO THE
DESIGNED AND NORMAL OPERATIONAL PURPOSE.
(18) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IT
SHALL BE UNLAWFUL FOR AN INDIVIDUAL DRIVING OR IN CHARGE OF A
MOTOR VEHICLE TO PERMIT A CHILD UNDER 14 YEARS OF AGE TO
REMAIN UNATTENDED IN THE VEHICLE IF THE VEHICLE IS LOCATED ON
PROPERTY OWNED, LEASED OR CONTROLLED BY A LICENSED GAMING
ENTITY OR ITS AFFILIATE, INTERMEDIARY, SUBSIDIARY OR HOLDING
COMPANY. IN ADDITION TO THE PENALTIES IN SUBSECTION (B), THE
INDIVIDUAL SHALL BE SUBJECT TO EXCLUSION OR EJECTION FROM
LICENSED FACILITIES UNDER SECTIONS 1514 (RELATING TO
REGULATION REQUIRING EXCLUSION, EJECTION OR DENIAL OF ACCESS
OF CERTAIN PERSONS) AND 1515 (RELATING TO REPEAT OFFENDERS
EXCLUDABLE FROM LICENSED GAMING FACILITY). NOTWITHSTANDING
ANY OF THE PROVISIONS OF 18 PA.C.S. CH. 91 (RELATING TO
CRIMINAL HISTORY RECORD INFORMATION), THE INVESTIGATING
OFFICER IN THE JURISDICTION IN WHICH THE VEHICLE IS LOCATED
SHALL BE RESPONSIBLE FOR PROVIDING WRITTEN NOTICE OF THE
VIOLATION WITHIN 48 HOURS TO THE DIRECTOR OF THE COUNTY
CHILDREN AND YOUTH SERVICE AGENCY OF THE COUNTY WHERE THE
VIOLATION OCCURRED. THE NOTICE SHALL CONTAIN:
(I) THE NAME OF THE INDIVIDUAL CHARGED UNDER THIS
SECTION.
(II) THE ADDRESS OR ADDRESSES AT WHICH THE
INDIVIDUAL RESIDES.
(III) THE NAME OF THE CHILD OR CHILDREN LEFT
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UNATTENDED.
(B) CRIMINAL PENALTIES AND FINES.--
(1) (I) A PERSON THAT COMMITS A FIRST OFFENSE IN
VIOLATION OF 18 PA.C.S. § 4902, 4903 OR 4904 IN
CONNECTION WITH PROVIDING INFORMATION OR MAKING ANY
STATEMENT, WHETHER WRITTEN OR ORAL, TO THE BOARD, THE
BUREAU, THE DEPARTMENT, THE PENNSYLVANIA STATE POLICE,
THE OFFICE OF ATTORNEY GENERAL OR A DISTRICT ATTORNEY AS
REQUIRED BY THIS PART COMMITS AN OFFENSE TO BE GRADED IN
ACCORDANCE WITH THE APPLICABLE SECTION VIOLATED. A PERSON
THAT IS CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF
18 PA.C.S. § 4902, 4903 OR 4904 IN CONNECTION WITH
PROVIDING INFORMATION OR MAKING ANY STATEMENT, WHETHER
WRITTEN OR ORAL, TO THE BOARD, THE BUREAU, THE
DEPARTMENT, THE PENNSYLVANIA STATE POLICE, THE OFFICE OF
ATTORNEY GENERAL OR A DISTRICT ATTORNEY AS REQUIRED BY
THIS PART COMMITS A FELONY OF THE SECOND DEGREE.
(II) A PERSON THAT VIOLATES SUBSECTION (A)(2), (3)
AND (4) THROUGH (12) OR (17) COMMITS A MISDEMEANOR OF THE
FIRST DEGREE. A PERSON THAT IS CONVICTED OF A SECOND OR
SUBSEQUENT VIOLATION OF SUBSECTION (A)(2), (3) AND (4)
THROUGH (12) OR (17) COMMITS A FELONY OF THE SECOND
DEGREE.
(2) (I) FOR A FIRST VIOLATION OF SUBSECTION (A)(1)
THROUGH (12) OR (17), A PERSON SHALL BE SENTENCED TO PAY
A FINE OF:
(A) NOT LESS THAN $75,000 NOR MORE THAN $150,000
IF THE PERSON IS AN INDIVIDUAL;
(B) NOT LESS THAN $300,000 NOR MORE THAN
$600,000 IF THE PERSON IS A LICENSED GAMING ENTITY OR
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AN INTERACTIVE GAMING LICENSEE; OR
(C) NOT LESS THAN $150,000 NOR MORE THAN
$300,000 IF THE PERSON IS A LICENSED MANUFACTURER OR
SUPPLIER.
(II) FOR A SECOND OR SUBSEQUENT VIOLATION OF
SUBSECTION (A)(1), (2), (3) AND (4) THROUGH (12) OR (17),
A PERSON SHALL BE SENTENCED TO PAY A FINE OF:
(A) NOT LESS THAN $150,000 NOR MORE THAN
$300,000 IF THE PERSON IS AN INDIVIDUAL;
(B) NOT LESS THAN $600,000 NOR MORE THAN
$1,200,000 IF THE PERSON IS A LICENSED GAMING ENTITY;
OR
(C) NOT LESS THAN $300,000 NOR MORE THAN
$600,000 IF THE PERSON IS A LICENSED MANUFACTURER OR
SUPPLIER.
(2.1) A PERSON THAT COMMITS AN OFFENSE IN VIOLATION OF
SUBSECTION (A)(3.1) OR (3.2) COMMITS A FELONY AND, UPON
CONVICTION, SHALL BE SENTENCED TO PAY A FINE OF NOT LESS THAN
$500,000 NOR MORE THAN $1,000,000. A PERSON THAT IS CONVICTED
OF A SECOND OR SUBSEQUENT VIOLATION OF SUBSECTION (A)(3.1)
COMMITS A FELONY OF THE FIRST DEGREE AND SHALL BE SENTENCED
TO PAY A FINE OF NOT LESS THAN $1,000,000 NOR MORE THAN
$2,500,000.
(3) AN INDIVIDUAL WHO COMMITS AN OFFENSE IN VIOLATION OF
SUBSECTION (A)(13) [OR], (13.1) OR (13.2) COMMITS A
NONGAMBLING SUMMARY OFFENSE AND UPON CONVICTION OF A FIRST
OFFENSE SHALL BE SENTENCED TO PAY A FINE OF NOT LESS THAN
$200 NOR MORE THAN $1,000. AN INDIVIDUAL THAT IS CONVICTED OF
A SECOND OR SUBSEQUENT OFFENSE UNDER SUBSECTION (A)(13) [OR],
(13.1) OR (13.2) SHALL BE SENTENCED TO PAY A FINE OF NOT LESS
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THAN $500 NOR MORE THAN $1,500. IN ADDITION TO THE FINE
IMPOSED, AN INDIVIDUAL CONVICTED OF AN OFFENSE UNDER
SUBSECTION (A)(13) [OR], (13.1) OR (13.2) MAY BE SENTENCED TO
PERFORM A PERIOD OF COMMUNITY SERVICE NOT TO EXCEED 40 HOURS.
(3.1) NOTWITHSTANDING PARAGRAPH (3), WHENEVER AN
INDIVIDUAL IS CONVICTED OF A SECOND OR SUBSEQUENT OFFENSE
UNDER SUBSECTION (A)(13) OR (13.1), THE COURT, INCLUDING A
COURT NOT OF RECORD IF IT IS EXERCISING JURISDICTION PURSUANT
TO 42 PA.C.S. § 1515(A) (RELATING TO JURISDICTION AND VENUE),
SHALL ORDER THE OPERATING PRIVILEGES OF THE INDIVIDUAL
SUSPENDED. A COPY OF THE COURT ORDER SHALL BE TRANSMITTED TO
THE DEPARTMENT OF TRANSPORTATION.
(3.2) WHEN THE DEPARTMENT SUSPENDS THE OPERATING
PRIVILEGE OF A PERSON UNDER PARAGRAPH (3.1), THE DURATION OF
THE SUSPENSION SHALL BE AS FOLLOWS:
(I) FOR A FIRST OFFENSE, A PERIOD OF 90 DAYS FROM
THE DATE OF SUSPENSION.
(II) FOR A SECOND OFFENSE, A PERIOD OF ONE YEAR FROM
THE DATE OF SUSPENSION.
(III) FOR A THIRD OFFENSE, AND ANY OFFENSE
THEREAFTER, A PERIOD OF TWO YEARS FROM THE DATE OF
SUSPENSION. ANY MULTIPLE SENTENCES IMPOSED SHALL BE
SERVED CONSECUTIVELY.
REINSTATEMENT OF OPERATING PRIVILEGE SHALL BE GOVERNED BY 75
PA.C.S. § 1545 (RELATING TO RESTORATION OF OPERATING
PRIVILEGE).
* * *
(5) AN INDIVIDUAL WHO COMMITS AN OFFENSE IN VIOLATION OF
SUBSECTION (A)(18) COMMITS A MISDEMEANOR OF THE THIRD DEGREE
FOR THE FIRST OFFENSE. A PERSON THAT IS CONVICTED OF A SECOND
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OR SUBSEQUENT VIOLATION OF SUBSECTION (A)(18) COMMITS A
MISDEMEANOR OF THE SECOND DEGREE.
(C) BOARD-IMPOSED ADMINISTRATIVE SANCTIONS.--
(1) IN ADDITION TO ANY OTHER PENALTY AUTHORIZED BY LAW,
THE BOARD MAY IMPOSE WITHOUT LIMITATION THE FOLLOWING
SANCTIONS UPON ANY LICENSEE OR PERMITTEE:
* * *
(X) ASSESS A FINE FOR FAILURE TO REPORT A VIOLATION
UNDER SUBSECTION (A)(18), OF WHICH THE LICENSED GAMING
ENTITY KNEW OR SHOULD HAVE KNOWN, TO THE APPROPRIATE LAW
ENFORCEMENT AUTHORITY. THE AMOUNT OF THE FINE SHALL BE
NOT LESS THAN $75,000 NOR MORE THAN $150,000 FOR A FIRST
VIOLATION OF THIS SUBPARAGRAPH, AND NOT LESS THAN
$150,000 NOR MORE THAN $300,000 FOR A SECOND OR
SUBSEQUENT VIOLATION OF THIS SUBPARAGRAPH.
* * *
SECTION 15.1. TITLE 4 IS AMENDED BY ADDING A SECTION TO
READ:
§ 1521.1. CASINO LIQUOR LICENSE.
(A) APPLICATION.--NOTWITHSTANDING SECTION 1521 (RELATING TO
LIQUOR LICENSE AT LICENSED FACILITIES) OR ANY PROVISION OF LAW
OR REGULATION TO THE CONTRARY, A SLOT MACHINE LICENSEE HOLDING A
RESTAURANT LIQUOR OR EATING PLACE RETAIL DISPENSER LICENSE UNDER
THE ACT OF APRIL 12, 1951 (P.L.90, NO.21), KNOWN AS THE LIQUOR
CODE, MAY APPLY TO THE PENNSYLVANIA LIQUOR CONTROL BOARD FOR A
CASINO LIQUOR LICENSE. THE PENNSYLVANIA LIQUOR CONTROL BOARD MAY
ISSUE A CASINO LIQUOR LICENSE TO A SLOT MACHINE LICENSEE FOR USE
AT ITS LICENSED FACILITY IN ACCORDANCE WITH THIS SECTION.
(B) FEES.--EACH APPLICATION FOR A CASINO LICENSE UNDER THIS
SECTION SHALL BE ACCOMPANIED BY A FEE OF $1,000,000.
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(C) RENEWAL.--
(1) THE LICENSE MUST BE RENEWED ON AN ANNUAL BASIS.
(2) FOR THE FIRST FOUR YEARS AFTER THE INITIAL ISSUE OF
THE LICENSE, THE LICENSE SHALL BE SUBJECT TO AN ANNUAL
RENEWAL FEE OF $1,000,000.
(3) THEREAFTER, THE LICENSEE SHALL BE SUBJECT TO AN
ANNUAL RENEWAL FEE OF $250,000.
(4) ALL FEES COLLECTED OR RECEIVED BY THE PENNSYLVANIA
LIQUOR CONTROL BOARD UNDER THIS SUBSECTION SHALL BE PAID INTO
THE STATE TREASURY THROUGH THE DEPARTMENT OF REVENUE FOR
DEPOSIT INTO THE GENERAL FUND.
(D) DISPOSITION OF RESTAURANT LIQUOR OR EATING PLACE RETAIL
DISPENSER LICENSE.--
(1) AN APPLICANT UNDER THIS SECTION THAT CURRENTLY HOLDS
A RESTAURANT LIQUOR OR EATING PLACE RETAIL DISPENSER LICENSE
ISSUED UNDER THE AUTHORITY OF THE LIQUOR CODE MAY CONTINUE TO
UTILIZE THAT LICENSE UNTIL SUCH TIME AS THE CASINO LIQUOR
LICENSE IS ISSUED BY THE PENNSYLVANIA LIQUOR CONTROL BOARD.
UPON THE ISSUANCE OF A LICENSE UNDER THIS SECTION, THE
APPLICANT MUST SURRENDER THE RESTAURANT LIQUOR OR EATING
PLACE RETAIL DISPENSER LICENSE TO THE PENNSYLVANIA LIQUOR
CONTROL BOARD.
(2) AN APPLICANT UNDER THIS SECTION THAT CURRENTLY HOLDS
A RESTAURANT LIQUOR OR EATING PLACE RETAIL DISPENSER LICENSE
PURCHASED THROUGH PRIVATE SALE MAY CONTINUE TO UTILIZE THAT
LICENSE UNTIL SUCH TIME AS THE CASINO LIQUOR LICENSE IS
ISSUED BY THE PENNSYLVANIA LIQUOR CONTROL BOARD. UPON
ISSUANCE OF A LICENSE UNDER THIS SECTION, THE APPLICANT MAY
SELL THE PREVIOUSLY PURCHASED RESTAURANT LIQUOR OR EATING
PLACE RETAIL DISPENSER LICENSE.
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(E) HOURS OF OPERATION.--NOTWITHSTANDING ANY OTHER PROVISION
OF LAW TO THE CONTRARY, A HOLDER OF A CASINO LIQUOR LICENSE MAY
SELL OR SERVE LIQUOR AND MALT OR BREWED BEVERAGES 24 HOURS A
DAY, SEVEN DAYS A WEEK.
(F) TRANSFERS.--LICENSES ISSUED UNDER THIS SECTION ARE
NONTRANSFERABLE, PROVIDED THAT NOTHING IN THIS SUBSECTION SHALL
PRECLUDE A TRANSFER OF OWNERSHIP OF A CASINO LIQUOR LICENSE TO
ANOTHER ELIGIBLE PERSON TO BE USED AT THE SAME LICENSED
FACILITY.
(G) EXPIRATION.--LICENSES UNDER THIS SECTION SHALL EXPIRE
UNDER THE FOLLOWING CIRCUMSTANCES:
(1) REVOCATION BY AN ADMINISTRATIVE LAW JUDGE UNDER
SECTION 471 OF THE LIQUOR CODE;
(2) NONRENEWAL BY THE PENNSYLVANIA LIQUOR CONTROL BOARD
UNDER SECTION 470 OF THE LIQUOR CODE;
(3) NONRENEWAL OF THE LICENSE BY THE SLOT MACHINE
LICENSEE; OR
(4) UPON REQUEST BY THE SLOT MACHINE LICENSEE.
(H) NEW APPLICANT.--THE PENNSYLVANIA LIQUOR CONTROL BOARD
MAY ISSUE A LICENSE UNDER THIS SECTION AT ANY TIME TO A NEW
APPLICANT EVEN IF THE PREVIOUS LICENSE HAD:
(1) BEEN REVOKED BY AN ADMINISTRATIVE LAW JUDGE UNDER
SECTION 471 OF THE LIQUOR CODE;
(2) NOT BEEN RENEWED BY THE PENNSYLVANIA LIQUOR CONTROL
BOARD UNDER SECTION 470 OF THE LIQUOR CODE;
(3) NOT BEEN RENEWED BY THE SLOT MACHINE LICENSEE; OR
(4) EXPIRED UPON REQUEST BY THE SLOT MACHINE LICENSEE.
(I) RESTRICTIONS AND PRIVILEGES.--LICENSES ISSUED UNDER THIS
SECTION ARE SUBJECT TO THE FOLLOWING ADDITIONAL RESTRICTIONS AND
PRIVILEGES:
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(1) SALES MAY BE MADE AT ANY TIME THE FACILITY IS OPEN
TO THE PUBLIC.
(2) LIQUOR OR MALT OR BREWED BEVERAGES MAY BE
TRANSPORTED AND CONSUMED OFF THE GAMING FLOOR SO LONG AS IT
REMAINS WITHIN THE PREMISES OF THE LICENSED FACILITY.
(3) SALES OF MALT OR BREWED BEVERAGES FOR OFF-PREMISES
CONSUMPTION ARE PROHIBITED.
(4) IN ADDITION TO THE PROVISIONS OF SECTION 493(24)(II)
OF THE LIQUOR CODE, THE HOLDER OF A CASINO LICENSE MAY GIVE
LIQUOR AND MALT OR BREWED BEVERAGES FREE OF CHARGE TO ANY
PERSON ATTENDING AN INVITATION-ONLY EVENT HELD ANYWHERE ON
THE PREMISES OF THE LICENSED FACILITY.
(5) LICENSES ISSUED UNDER THIS SECTION SHALL NOT BE
SUBJECT TO:
(I) THE PROXIMITY PROVISIONS OF SECTIONS 402 AND 404
OF THE LIQUOR CODE;
(II) THE RESTRICTIONS ON DISCOUNT PRICING PRACTICES
SET FORTH IN SECTION 406(G) OF THE LIQUOR CODE;
(III) THE QUOTA RESTRICTIONS OF SECTION 461 OF THE
LIQUOR CODE;
(IV) THE PROVISIONS OF SECTION 493(10) OF THE LIQUOR
CODE, EXCEPT AS IT RELATES TO LEWD, IMMORAL OR IMPROPER
ENTERTAINMENT;
(V) THE PROHIBITION AGAINST MINORS FREQUENTING AS
DESCRIBED IN SECTION 493(14) OF THE LIQUOR CODE;
(VI) THE COST AND TOTAL DISPLAY AREA LIMITATIONS OF
SECTION 493(20)(I) OF THE LIQUOR CODE;
(VII) THE RESTRICTIONS ON EVENTS, TOURNAMENTS OR
CONTESTS SET FORTH IN 40 PA. CODE § 5.32 (RELATING TO
RESTRICTIONS/EXCEPTIONS); AND
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(VIII) THE RESTRICTIONS ON THE AWARDING OF TROPHIES,
PRIZES OR PREMIUMS SET FORTH IN 40 PA. CODE § 5.32.
(6) THE AUTHORIZATION TO SELL OR SERVE LIQUOR AND MALT
OR BREWED BEVERAGES BY A HOLDER OF A CASINO LIQUOR LICENSE
PURSUANT TO SUBSECTION (E) SHALL NOT APPLY TO THE OPERATION
OF SLOT MACHINES AT A NONPRIMARY LOCATION OR AT A QUALIFIED
AIRPORT.
(J) MULTIPLE LICENSES.--MORE THAN ONE LICENSE ISSUED BY THE
PENNSYLVANIA LIQUOR CONTROL BOARD MAY BE IN EFFECT AT A LICENSED
FACILITY AT ANY ONE TIME. HOWEVER, NO MORE THAN ONE LICENSE
ISSUED UNDER THIS SECTION SHALL BE IN EFFECT AT ANY SPECIFIC
LOCATION WITHIN THE PREMISES OF A LICENSED FACILITY AT THE SAME
TIME.
SECTION 16. SECTION 1901(A) OF TITLE 4 IS AMENDED BY ADDING
A PARAGRAPH TO READ:
§ 1901. APPROPRIATIONS.
(A) APPROPRIATION TO BOARD.--
* * *
(3) THE SUM OF $5,000,000 IS HEREBY APPROPRIATED FROM
THE STATE GAMING FUND TO THE PENNSYLVANIA GAMING CONTROL
BOARD FOR SALARIES, WAGES AND ALL NECESSARY EXPENSES FOR THE
PROPER OPERATION AND ADMINISTRATION OF THE BOARD FOR THE
ACTIVITIES AUTHORIZED UNDER THIS ACT. THIS APPROPRIATION
SHALL BE A SUPPLEMENTAL APPROPRIATION FOR FISCAL YEAR 2015-
2016 AND SHALL BE IN ADDITION TO THE APPROPRIATION CONTAINED
IN THE ACT OF JULY 2, 2015 (P.L. , NO. ), KNOWN AS THE
GAMING CONTROL APPROPRIATION ACT OF 2015.
* * *
SECTION 17. THE AMENDMENT OF 4 PA.C.S. § 1307 IN THE ACT OF
JANUARY 7, 2010 (P.L.1, NO.1), ENTITLED "AN ACT AMENDING TITLE 4
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(AMUSEMENTS) OF THE PENNSYLVANIA CONSOLIDATED STATUTES, MAKING
EXTENSIVE REVISIONS TO PROVISIONS ON GAMING, IN THE AREAS OF
LEGISLATIVE INTENT, DEFINITIONS, THE PENNSYLVANIA GAMING CONTROL
BOARD, APPLICABILITY OF OTHER STATUTES, POWERS OF THE BOARD,
CODE OF CONDUCT, EXPENSES OF REGULATORY AGENCIES, LICENSED
GAMING ENTITY APPLICATION APPEALS FROM BOARD, LICENSE OR PERMIT
APPLICATION HEARING PROCESS AND PUBLIC HEARINGS, BOARD MINUTES
AND RECORDS, REGULATORY AUTHORITY, COLLECTION OF FEES AND FINES,
SLOT MACHINE LICENSE FEE, NUMBER OF SLOT MACHINES, REPORTS OF
BOARD, DIVERSITY GOALS OF BOARD, LICENSE OR PERMIT PROHIBITION,
SPECIFIC AUTHORITY TO SUSPEND SLOT MACHINE LICENSE, CATEGORY 2
SLOT MACHINE LICENSE, CATEGORY 3 SLOT MACHINE LICENSE, NUMBER OF
SLOT MACHINE LICENSES, APPLICATIONS FOR LICENSE OR PERMIT, SLOT
MACHINE LICENSE APPLICATION, SLOT MACHINE LICENSE APPLICATION
CHARACTER REQUIREMENTS, SUPPLIER LICENSES, MANUFACTURER
LICENSES, GAMING SERVICE PROVIDER, OCCUPATION PERMIT
APPLICATION, ALTERNATIVE MANUFACTURER LICENSING STANDARDS,
ALTERNATIVE SUPPLIER LICENSING STANDARDS, ADDITIONAL LICENSES
AND PERMITS AND APPROVAL OF AGREEMENTS, LICENSE RENEWALS, CHANGE
IN OWNERSHIP OR CONTROL OF SLOT MACHINE LICENSEE, NONPORTABILITY
OF SLOT MACHINE LICENSE, APPOINTMENT OF TRUSTEE, TABLE GAMES,
SLOT MACHINE LICENSEE DEPOSITS, GROSS TERMINAL REVENUE
DEDUCTIONS, ITEMIZED BUDGET REPORTING, ESTABLISHMENT OF STATE
GAMING FUND AND NET SLOT MACHINE REVENUE DISTRIBUTION,
DISTRIBUTIONS FROM PENNSYLVANIA RACE HORSE DEVELOPMENT FUND,
PENNSYLVANIA GAMING ECONOMIC DEVELOPMENT AND TOURISM FUND,
TRANSFERS FROM STATE GAMING FUND, RESPONSIBILITY AND AUTHORITY
OF DEPARTMENT OF REVENUE, WAGERING ON CREDIT, EMINENT DOMAIN
AUTHORITY, COMPULSIVE AND PROBLEM GAMBLING PROGRAM, DRUG AND
ALCOHOL TREATMENT, LABOR HIRING PREFERENCES, DECLARATION OF
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EXEMPTION FROM FEDERAL LAWS PROHIBITING SLOT MACHINES, FINANCIAL
AND EMPLOYMENT INTERESTS, ADDITIONAL RESTRICTIONS, POLITICAL
INFLUENCE, REGULATION REQUIRING EXCLUSION OF CERTAIN PERSONS,
PROSECUTORIAL AND ADJUDICATIVE FUNCTIONS, INVESTIGATIONS AND
ENFORCEMENT, CONDUCT OF PUBLIC OFFICIALS AND EMPLOYEES,
PROHIBITED ACTS AND PENALTIES, REPORT OF SUSPICIOUS
TRANSACTIONS, ADDITIONAL AUTHORITY, APPLICABILITY OF CLEAN
INDOOR AIR ACT, LIQUOR LICENSES AT LICENSED FACILITIES,
INTERCEPTION OF ORAL COMMUNICATIONS, ELECTRONIC FUNDS TRANSFER
TERMINALS, JUNKETS, GAMING SCHOOLS, APPROPRIATIONS AND
COMMONWEALTH FINANCING AUTHORITY; AND MAKING RELATED REPEALS,"
SHALL TAKE EFFECT ON JANUARY 1, 2016, IF ALL CATEGORY 3 LICENSED
FACILITIES AUTHORIZED BY 4 PA.C.S. PT. II BEFORE THE EFFECTIVE
DATE OF THIS SECTION HAVE COMMENCED THE OPERATION OF SLOT
MACHINES.
SECTION 18. REPEALS ARE AS FOLLOWS:
(1) THE GENERAL ASSEMBLY FINDS THAT THE REPEAL UNDER
PARAGRAPH (2) IS NECESSARY TO EFFECTUATE THIS ACT.
(2) SECTION 21(2) OF THE ACT OF JANUARY 7, 2010 (P.L.1,
NO.1), ENTITLED "AN ACT AMENDING TITLE 4 (AMUSEMENTS) OF THE
PENNSYLVANIA CONSOLIDATED STATUTES, MAKING EXTENSIVE
REVISIONS TO PROVISIONS ON GAMING, IN THE AREAS OF
LEGISLATIVE INTENT, DEFINITIONS, THE PENNSYLVANIA GAMING
CONTROL BOARD, APPLICABILITY OF OTHER STATUTES, POWERS OF THE
BOARD, CODE OF CONDUCT, EXPENSES OF REGULATORY AGENCIES,
LICENSED GAMING ENTITY APPLICATION APPEALS FROM BOARD,
LICENSE OR PERMIT APPLICATION HEARING PROCESS AND PUBLIC
HEARINGS, BOARD MINUTES AND RECORDS, REGULATORY AUTHORITY,
COLLECTION OF FEES AND FINES, SLOT MACHINE LICENSE FEE,
NUMBER OF SLOT MACHINES, REPORTS OF BOARD, DIVERSITY GOALS OF
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BOARD, LICENSE OR PERMIT PROHIBITION, SPECIFIC AUTHORITY TO
SUSPEND SLOT MACHINE LICENSE, CATEGORY 2 SLOT MACHINE
LICENSE, CATEGORY 3 SLOT MACHINE LICENSE, NUMBER OF SLOT
MACHINE LICENSES, APPLICATIONS FOR LICENSE OR PERMIT, SLOT
MACHINE LICENSE APPLICATION, SLOT MACHINE LICENSE APPLICATION
CHARACTER REQUIREMENTS, SUPPLIER LICENSES, MANUFACTURER
LICENSES, GAMING SERVICE PROVIDER, OCCUPATION PERMIT
APPLICATION, ALTERNATIVE MANUFACTURER LICENSING STANDARDS,
ALTERNATIVE SUPPLIER LICENSING STANDARDS, ADDITIONAL LICENSES
AND PERMITS AND APPROVAL OF AGREEMENTS, LICENSE RENEWALS,
CHANGE IN OWNERSHIP OR CONTROL OF SLOT MACHINE LICENSEE,
NONPORTABILITY OF SLOT MACHINE LICENSE, APPOINTMENT OF
TRUSTEE, TABLE GAMES, SLOT MACHINE LICENSEE DEPOSITS, GROSS
TERMINAL REVENUE DEDUCTIONS, ITEMIZED BUDGET REPORTING,
ESTABLISHMENT OF STATE GAMING FUND AND NET SLOT MACHINE
REVENUE DISTRIBUTION, DISTRIBUTIONS FROM PENNSYLVANIA RACE
HORSE DEVELOPMENT FUND, PENNSYLVANIA GAMING ECONOMIC
DEVELOPMENT AND TOURISM FUND, TRANSFERS FROM STATE GAMING
FUND, RESPONSIBILITY AND AUTHORITY OF DEPARTMENT OF REVENUE,
WAGERING ON CREDIT, EMINENT DOMAIN AUTHORITY, COMPULSIVE AND
PROBLEM GAMBLING PROGRAM, DRUG AND ALCOHOL TREATMENT, LABOR
HIRING PREFERENCES, DECLARATION OF EXEMPTION FROM FEDERAL
LAWS PROHIBITING SLOT MACHINES, FINANCIAL AND EMPLOYMENT
INTERESTS, ADDITIONAL RESTRICTIONS, POLITICAL INFLUENCE,
REGULATION REQUIRING EXCLUSION OF CERTAIN PERSONS,
PROSECUTORIAL AND ADJUDICATIVE FUNCTIONS, INVESTIGATIONS AND
ENFORCEMENT, CONDUCT OF PUBLIC OFFICIALS AND EMPLOYEES,
PROHIBITED ACTS AND PENALTIES, REPORT OF SUSPICIOUS
TRANSACTIONS, ADDITIONAL AUTHORITY, APPLICABILITY OF CLEAN
INDOOR AIR ACT, LIQUOR LICENSES AT LICENSED FACILITIES,
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INTERCEPTION OF ORAL COMMUNICATIONS, ELECTRONIC FUNDS
TRANSFER TERMINALS, JUNKETS, GAMING SCHOOLS, APPROPRIATIONS
AND COMMONWEALTH FINANCING AUTHORITY; AND MAKING RELATED
REPEALS," IS REPEALED.
SECTION 19. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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