H0290B0576A00165 KMF:CDM 02/11/13 #90 A00165

 

 

 

 

AMENDMENTS TO HOUSE BILL NO. 290

Sponsor: REPRESENTATIVE BROOKS

Printer's No. 576

 

1Amend Bill, page 1, lines 9 and 10, by striking out "and 
2providing for relationship to table games"

3Amend Bill, page 1, lines 21 and 22; page 2, lines 1 through
43, by striking out all of said lines on said pages and inserting

5Section 1. The definitions of "games of chance," "public
6interest purpose" and "raffle" in section 103 of the act of 
7December 19, 1988 (P.L.1262, No.156), known as the Local Option 
8Small Games of Chance Act, amended February 2, 2012 (P.L.7,
9No.2) and October 24, 2012 (P.L.1462, No.184), are amended and
10the section is amended by adding definitions to read:

11Amend Bill, page 2, lines 8 through 10, by striking out all
12of said lines

13Amend Bill, page 2, line 18, by striking out "a night at the 
14races" and inserting

15 race night games

16Amend Bill, page 2, line 20, by inserting after "game"

17, except for a vertical wheel game,

18Amend Bill, page 3, lines 5 and 6, by striking out "an 
19eligible organization's licensed premises" and inserting

20 a designated location

21Amend Bill, page 3, line 15, by striking out "best five-card" 
22and inserting

23 highest

24Amend Bill, page 3, line 18, by inserting a bracket before
25"The"

1Amend Bill, page 3, line 18, by inserting after "nonprofit"

2] Providing

3Amend Bill, page 3, line 22, by inserting a bracket before
4"or"

5Amend Bill, page 3, line 22, by inserting after "objective"

6], historic preservation, conservation, athletic, 
7sportsman's safety and education or civic services or 
8benefits

9Amend Bill, page 4, by inserting between lines 6 and 7

10"Race night game." A game in which a participant places a
11wager on a prerecorded horse race.

12"Raffle." A game of chance in which a participant buys a
13ticket for a chance at a prize with the winner determined by a
14random drawing of corresponding ticket stubs to take place at a
15location and date or dates printed upon each ticket. Such games
16of chance shall include lotteries but not daily drawings. Raffle
17winners may be determined by reference to drawings conducted by
18the department pursuant to the act of August 26, 1971 (P.L.351,
19No.91), known as the State Lottery Law. The term includes a 
20reverse raffle.

21* * *

22Amend Bill, page 4, lines 25 through 30; page 5, lines 1
23through 3, by striking out all of said lines on said pages

24Amend Bill, page 5, line 4, by striking out "3" and inserting

25 2

26Amend Bill, page 5, line 7, by inserting before "Every"

27(a) General rule.--

28Amend Bill, page 5, line 18, by striking out all of said line
29and inserting

30 public interest purpose of the eligible organization.

31(b) Relationship to table games.--A vertical wheel game or a
32Texas Hold'em card tournament is not a "table game" as defined
33in 4 Pa.C.S. § 1103 (relating to definitions). The designation
34of a vertical wheel game and Texas Hold'em card tournament under
35this act does not preclude the authorization of a vertical wheel
36game or a Texas Hold'em card tournament as a table game under 4
37Pa.C.S. Pt. II (relating to gaming).

38Amend Bill, page 5, line 19, by striking out "4" and 

1inserting

2 3

3Amend Bill, page 5, lines 19 and 20, by striking out "a 
4subsection" and inserting

5 subsections

6Amend Bill, page 5, by inserting after line 30

7(i) Vertical wheel game requirements.--No individual playing
8a vertical wheel game may play more than $10 per game. A
9licensed eligible organization shall conduct vertical wheel
10games for not more than 15 days during a licensed term.

11Amend Bill, page 6, line 1, by striking out "5" and inserting

12 4

13Amend Bill, page 7, line 2, by inserting after "won"

14 of $600 or more

15Amend Bill, page 7, line 21, by striking out "6" and 
16inserting

17 5

18Amend Bill, page 10, line 16, by striking out ", in writing,"

19Amend Bill, page 12, line 18, by inserting a bracket before
20"A"

21Amend Bill, page 12, line 19, by striking out "and 50/50 
22drawing"

23Amend Bill, page 12, line 24, by inserting a bracket after
24"tickets."

25Amend Bill, page 13, line 29, by striking out "7" and 
26inserting

27 6

28Amend Bill, page 14, line 7, by striking out "from the 
29licensing authority"

30Amend Bill, page 17, line 2, by inserting after "the " where 

1it occurs the first time

2anticipated

3Amend Bill, page 17, line 11, by striking out "8" and 
4inserting

5 7

6Amend Bill, page 17, line 11, by striking out "701(b)" and 
7inserting

8 701

9Amend Bill, page 17, line 14, by striking out all of said
10line and inserting

11(a) Grounds.--The following shall be grounds for suspension, 
12revocation or nonrenewal of a license:

13(1) Any of the proceeds derived from the operation of
14games of chance by an eligible organization are used for any
15purpose other than for:

16(i) public interest purposes;

17(ii) the purchase of games of chance; or

18(iii) a purpose permitted by Chapter 5.

19(1.1) Any of the funds derived from the operation of
20games of chance by a club licensee are used in a manner that
21does not comply with section 502.

22(2) Any person under 18 years of age is operating or
23playing games of chance.

24(3) The eligible organization has permitted any person 
25who has been convicted of a felony in a Federal or State 
26court within the past five years or has been convicted in a 
27Federal or State court within the past ten years of a 
28violation of the act of July 10, 1981 (P.L.214, No.67), known 
29as the Bingo Law, or of this act, to manage, set up, 
30supervise or participate in the operation of games of chance.

31(4) The facility in which the games of chance are played
32does not have adequate means of ingress and egress and does
33not have adequate sanitary facilities available in the area.

34(5) Any person or persons other than a manager, officer,
35director, bar personnel or a bona fide member of an eligible
36organization have been involved in managing, setting up,
37operating or running games of chance.

38(6) Any person has received compensation for conducting
39games of chance.

40(7) Any prize has been awarded in excess of the limits
41permitted under this act.

42(8) The eligible organization has violated any condition
43of a special permit issued pursuant to section 308.

44(9) The eligible organization conducts the games of

1chance under a lease which calls for:

2(i) leasing such premises from the owner thereof
3under an oral agreement; or

4(ii) leasing such premises from the owner thereof
5under a written agreement at a rental which is determined
6by the amount of receipts realized from the playing of
7games of chance.

8(10) False or erroneous information was provided in the
9original application or in any information provided to the 
10licensing authority or the department in any report.

11(11) An eligible organization has been convicted of a
12violation of this act as evidenced by a certified record of
13the conviction.

14[(12) The eligible organization has permitted another
15eligible organization to conduct games of chance on its
16licensed premises without suspending its own operation of
17games of chance during the period that the other licensed
18eligible organization is conducting its games on the
19premises.]

20(13) A club licensee has failed to file an accurate
21report under section 501(a).

22(14) A club licensee has failed to comply with section
23502.

24(15) Failure to file reports under section 501.

25Amend Bill, page 17, line 24, by striking out "9" and 
26inserting

27 8

28Amend Bill, page 18, line 7, by striking out "The" and 
29inserting

30 Unless the Bureau of Liquor Control Enforcement has
31jurisdiction over a club licensee under section 702(b)(1),
32the

33Amend Bill, page 18, lines 10 through 13, by striking out 
34"The" in line 10 and all of lines 11 through 13

35Amend Bill, page 18, line 15, by striking out "10" and 
36inserting

37 9

38Amend Bill, page 18, line 20, by striking out "11" and 
39inserting

40 10

 

See A00165 in
the context
of HB0290