AN ACT

 

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

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

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

<-19Section 1. The definitions of "affiliated nonprofit 
20organization," "major league sports drawing" and "major league 
21sports team" in section 103 of act of December 19, 1988
 

1(P.L.1262, No.156), known as the Local Option Small Games of 
2Chance Act, added October 24, 2012 (P.L.1462, No.184), are 
3amended and the section is amended by adding a definition to 
4read:

5Section 103. Definitions.

6The following words and phrases when used in this act shall
7have the meanings given to them in this section unless the
8context clearly indicates otherwise:

9* * *

10"Affiliated nonprofit organization." An organization
11established by or affiliated with a Major League Baseball, 
<-12National Football League, National Hockey League, National
13Basketball Association or Major League Soccer team, or its 
14affiliate, for the purpose of raising funds for charity, which
15is qualified for an exemption under section 501(c)(3) of the
16Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §
17101(c)(3).

18* * *

19"[Major ["Major league<-] Professional sports drawing." A
2050/50 drawing conducted by an affiliated nonprofit organization
21at a home game of a major league sports team<-, or its affiliate,
22in which 50% of the money collected from ticket sales from the
23drawing are offered as the prize and the remaining 50% is
24retained by the affiliated nonprofit organization sponsoring the
25drawing for distribution to charitable organizations.<-]

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

30* * *

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

8* * *

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

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

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

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

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

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

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

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

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

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

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

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

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

1* * *

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

3* * *

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

8* * *

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