H1313B3868A09828 DMS:JSL 09/21/16 #90 A09828
AMENDMENTS TO HOUSE BILL NO. 1313
Sponsor: REPRESENTATIVE DELOZIER
Printer's No. 3868
Amend Bill, page 1, line 24, by inserting after
"ENFORCEMENT;"
providing for social card games;
Amend Bill, page 37, by inserting between lines 19 and 20
Section 19. The act is amended by adding a chapter to read:
CHAPTER 8
SOCIAL CARD GAMES
Section 801. 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:
"Nonbanking card game." A card game where players play
against one another rather than against the house. Nonbanking
card games may include any of the following:
(1) Poker games.
(2) Hearts.
(3) Rummy.
(4) Pinochle.
(5) Bid Whist.
"Nonbanking card game tournament" or "tournament." A series
of card games held by a licensed eligible organization during a
consecutive period of time of not more than 24 hours and not
held as part of any other games of chance.
"Pyramid" or "build-up." A card game in which a prize must
be returned in order to play another game or to be eligible for
another bigger prize, or a game in which the prize must be
forfeited if a later game is lost.
"Social card game" or "card game." A nonbanking card game
that is played by members at the licensed premises of an
eligible organization.
Section 802. Authorization to conduct social card games.
(a) Authorization.--Notwithstanding any provision of 18
Pa.C.S. (relating to crimes and offenses) or of this act or any
other law or regulation to the contrary, social card games may
be played at the licensed premises of an eligible organization
in accordance with the requirements of this chapter.
(b) Conditions.--The following shall apply:
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(1) Card games may only be played by and between members
of the eligible organization.
(2) The eligible organization or any other person shall
not have an interest, financial or otherwise, in the outcome
of any card game.
(3) Only nonbanking card games may be played with
members playing against each other.
(4) Wagering shall be entirely at the discretion of each
player.
(5) The maximum prize or payout for a card game shall be
limited to $100.
(6) The eligible organization shall not charge a fee for
play.
(7) Not more than 10 members may play at any table in a
card game.
(8) Card games may only be played in a room set aside
for those activities at the licensed premises of the eligible
organization.
(9) Not more than five gaming tables may be made
available for the play of card games by the eligible
organization.
(10) No card games may be played between the hours of 1
a.m. and 1 p.m.
(11) No eligible organization or any other person shall
collect, obtain or charge any percentage of or shall collect
or obtain any portion of any wager or winnings of any player
in a card game, except a player may collect his winnings.
(12) No eligible organization or any other person shall
collect, or obtain any money from or charge or impose any fee
upon, any person that either enables the person to play or
results in or from the person playing a card game, except
that this paragraph shall not preclude the collection of a
membership fee by the eligible organization that is unrelated
to participation in the play of a card game authorized under
this chapter.
(13) An eligible organization that allows the use of its
premises for the play of card games by its members in
accordance with this chapter shall submit a schedule of the
proposed dates of such card games and any card game
tournament to the licensing authority.
(c) Required postings.--An eligible organization that
permits the play of card games at its licensed premises shall
prominently post the following in close proximity of card game
tables in the room designated to play card games:
(1) The wagering limits for each type of card game.
(2) The rules of play.
(3) Information on where a person can obtain help for
problem gambling, including the telephone number for the
Pennsylvania Compulsive Gambling Hotline.
(d) Prohibitions.--
(1) It shall be unlawful for an eligible organization
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to:
(i) Obtain or collect any money or thing of value
from the conduct of card games at its licensed premises.
(ii) Knowingly permit a card game to be played in
violation of this chapter.
(iii) Fail to comply with the posting requirement in
accordance with subsection (c).
(iv) Engage in any act, practice or course of
conduct that would constitute fraud or deceit upon any
player in a card game.
(v) Allow a person under 21 years of age to play a
card game at its licensed premises.
(vi) Knowingly allow any person to employ or attempt
to employ any device, scheme or artifice to cheat or
defraud any player in a card game.
(vii) Advertise any card game in violation of
section 704.
(2) A licensed organization that violates paragraph (1)
shall be subject to the penalties imposed under section
702(d).
(e) Applicability.--The requirements of sections 502 and 503
shall not apply to social card games authorized under this
chapter.
Section 803. Card game tournaments.
(a) Authorization.--Notwithstanding any other provision of
law or regulation to the contrary, an eligible organization may
conduct nonbanking card game tournaments. A card game tournament
conducted by an eligible organization shall comply with all of
the following:
(1) Only nonbanking card games shall be played in a card
game tournament.
(2) Each card game shall be conducted in a fair and
honest manner and shall not be operated on a build-up or
pyramid basis.
(3) Every player in a tournament shall be given the same
chance of winning the tournament. Second-chance entries or
multiple entries shall be prohibited.
(4) The eligible organization shall conduct each
tournament and shall not contract with or permit another
person to conduct the tournament or any card game during the
tournament.
(5) Only the eligible organization may receive or have
any fixed or contingent right to receive, directly or
indirectly, any profit, remuneration or compensation from or
related to a card game in a card game tournament, except any
amount that a person may win as a player on the same basis as
the other players.
(6) The eligible organization shall not hold more than
five card game tournaments annually.
(7) The eligible organization shall not hold a card game
tournament within seven calendar days of another tournament
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conducted by the eligible organization.
(8) The eligible organization may hold only one card
game tournament during any period of 24 consecutive hours,
starting from the time the tournament begins.
(9) At the conclusion of each tournament, the eligible
organization conducting the tournament shall announce the
name of the winning player and the amount of winnings.
(10) The eligible organization shall limit the number of
tables used in the tournament to not more than five with not
more than 10 players at each table.
(11) A card game tournament shall only be held in a room
at the licensed premises designated by the eligible
organization for the conduct of card games.
(12) Players in tournaments shall be limited to the
members of the eligible organization.
(13) Players shall be 21 years of age or older.
(14) The card game tournament shall not provide any
direct financial benefit to the eligible organization or any
other person, except winning players in the tournament.
(15) The value of all prizes awarded for each
tournament, except for a Texas Hold'em tournament, shall not
exceed $200.
(16) For a tournament involving Texas Hold'em, all of
the following shall apply:
(i) The payment of an entry fee or other
consideration for participating is prohibited.
(ii) The value of all prizes awarded to an
individual winner of a tournament or contest at a single
table shall not exceed $200 each day.
(17) The eligible organization shall ensure that
reasonable accommodations are made for players with
disabilities.
(b) Required postings.--Notwithstanding subsection (a), the
eligible organization shall prominently post the tournament
rules on a sign in the tournament playing room at least 24 hours
before the tournament begins. The sign shall be at least 30
inches by 30 inches, and the rules shall be easily readable. The
sign shall include all of the following:
(1) In permanent letters three inches high, the words
"Tournament Rules."
(2) Card game or games to be played in the tournament
and the rules of each card game.
(3) The prize for each card game and tournament.
(4) How winners will be determined.
(5) Any other tournament rules.
(c) Prizes.--Cash or merchandise prizes may be awarded for
each card game tournament. All of the following shall apply:
(1) The eligible organization shall distribute the
prizes awarded on the day the prizes are won.
(2) Donated or merchandise prizes shall not be
repurchased by the eligible organization.
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(3) Only prizes that can be won shall be displayed in
the room where the tournament will be held.
Amend Bill, page 37, line 20, by striking out "19" and
inserting
20
Amend Bill, page 38, line 28, by striking out "20" and
inserting
21
Amend Bill, page 48, line 12, by striking out "21" and
inserting
22
Amend Bill, page 48, line 15, by striking out all of said
line and inserting
Section 23. This act shall take effect as follows:
(1) The addition of Chapter 8 of the act shall take
effect immediately.
(2) This section shall take effect immediately.
(3) The remainder of this act shall take effect in 60
days.
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See A09828 in
the context
of HB1313