H1925B3194A07622 BIL:BTW 05/23/16 #90 A07622
AMENDMENTS TO HOUSE BILL NO. 1925
Sponsor: REPRESENTATIVE PAYNE
Printer's No. 3194
Amend Bill, page 1, lines 1 through 3, by striking out all of
said lines and inserting
Amending Title 4 (Amusements) of the Pennsylvania Consolidated
Statutes, 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, for reports of board and for
diversity goals of board; in licensees, further providing for
Category 3 slot machine license, for slot machine license
application, for supplier licenses and for manufacturer
licenses, providing for nongaming service provider and
further providing 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, for table game authorization fee and
for local share assessment; providing for interactive gaming,
for slot machines at nonprimary locations and for slot
machines in qualified airports; in revenues, further
providing for establishment of State Gaming Fund and net slot
machine revenue distribution, for Pennsylvania Race Horse
Development Fund, for Pennsylvania Gaming Economic
Development and Tourism Fund and for transfers from State
Gaming Fund and establishing the Public School Employees'
Retirement Contribution Fund; in administration and
enforcement, further providing for responsibility and
authority of the Department of Revenue, 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 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 providing for casino
2016/90BIL/HB1925A07622 - 1 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
liquor license; in miscellaneous provisions, further
providing for appropriations; making an editorial change; and
making a related repeal.
Amend Bill, page 1, lines 6 and 7, by striking out all of
said lines and inserting
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
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, the operation of multistate
wide-area progressive slot machines, skill and hybrid slot
machines 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," "fully automated electronic gaming table,"
"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:
* * *
"Airport authority." The governing body of a municipal
authority organized and incorporated to oversee the operations
of a qualified airport under 53 Pa.C.S. Ch. 56 (relating to
municipal authorities) or the governing body of a city of the
first class, which regulates the use and control of a qualified
airport.
"Airport gaming area." A location or locations within a
qualified airport approved for the conduct of authorized
2016/90BIL/HB1925A07622 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
interactive games through the use of multi-use computing devices
by eligible passengers as approved by the airport authority and
the Pennsylvania Gaming Control Board.
* * *
"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] machine replacement parts,
equipment which affects the 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). The term shall include any interactive game approved by
regulation of the Pennsylvania Control Board to be suitable for
interactive gaming through the use of a multi-use computing
device.
* * *
"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
the Pennsylvania Gaming Control Board deems a cash
equivalent.
* * *
"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,
2016/90BIL/HB1925A07622 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
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.
(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." The State
Horse Racing Commission [or the State Harness Racing Commission,
or both as the context may require.] as defined in section 2801-
D of the act of April 9, 1929 (P.L.177, No.175), known as The
Administrative Code of 1929 .
* * *
"Concession operator." A person engaged in the sale or
offering for sale of consumer goods or services to the public at
a qualified airport, or authorized to conduct other commercial
activities related to passenger services at a qualified airport,
in accordance with the terms and conditions of an agreement or
contract with an airport authority, government entity or other
person.
"Conduct of gaming." The licensed placement, operation and
play of slot machines [and], table games and interactive games
under this part, as authorized and approved by the Pennsylvania
Gaming Control Board. The term shall include the licensed
placement, operation and play of authorized interactive games
through the use of multi-use computing devices at a qualified
airport, 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.
* * *
"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]
2016/90BIL/HB1925A07622 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
(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.
* * *
"Eligible passenger" or "passenger." An individual 21 years
of age or older who has cleared security check points with a
valid airline boarding pass for travel from one destination to
another by airplane.
* * *
"Fully automated electronic gaming table." An electronic
gaming table determined by the Pennsylvania Gaming Control Board
to be playable or operable as a table game without the
assistance or participation of a person acting on behalf of a
certificate holder. The term shall include a multi-use computing
device, which through the use of digital, electronic or other
communications technology, is capable of simulating a table
game.
* * *
"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,
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
2016/90BIL/HB1925A07622 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
associated equipment or interactive gaming devices or associated
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 or any subcontractor or an employee of a
subcontractor that supplies interactive gaming devices,
including multi-use computing devices, or associated equipment
to a holder of an interactive gaming certificate or interactive
gaming license . 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 floor." Any portion of a licensed facility where
slot machines or table games have been installed for use or
play.
* * *
"Gaming-related restricted area." Any room or area of a
licensed facility, as approved by the Pennsylvania Gaming
Control Board, used by a slot machine licensee to manage,
control and operate gaming activities authorized under this part
and where access is limited to individuals specifically
designated by the slot machine licensee.
* * *
"Gaming school." Any educational institution approved by the
Department of Education as an accredited college or university,
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 or interactive games , 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 under this part or regulations of the
Pennsylvania Gaming Control Board 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] and
(2) provides goods or services [at] to a slot machine
licensee or an applicant for a slot machine license that
requires access to the gaming floor or a gaming-related
restricted area of a licensed facility as determined by the
Pennsylvania Gaming Control Board.
* * *
"Gross interactive gaming revenue." The total of all cash or
cash equivalent wagers paid by registered players to an
2016/90BIL/HB1925A07622 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
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, operations fee or tax paid
to another state or jurisdiction pursuant to an interactive
gaming reciprocal agreement.
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 elements of chance affects the
outcome of the game.
* * *
"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
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, microwave, 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. The term shall include the placing of bets or wagers
through the use of a multi-use computing device.
2016/90BIL/HB1925A07622 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
"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.
"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
of an interactive gaming certificate holder. The term shall
include an interactive gaming agreement entered into by or
between an interactive gaming certificate holder and an
interactive gaming operator for the conduct of interactive
gaming through the use of multi-use computing devices at a
qualified airport in accordance with this part.
"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 licensee." A person who has been issued
a license to act as an interactive gaming operator under Chapter
13B.
"Interactive gaming operator." A person, including an
affiliate of a slot machine licensee, licensed 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
2016/90BIL/HB1925A07622 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
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
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 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 or interactive gaming
license 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 authorized 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
discretionary decisions that regulate slot machine or table game
operations or interactive gaming operations, 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 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 , persons who
manage, control or administer interactive gaming or the bets and
wagers associated with authorized interactive games, 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
2016/90BIL/HB1925A07622 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
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 facility." The physical land-based location at
which a licensed gaming entity is authorized to place and
operate slot machines and, if authorized by the Pennsylvania
Gaming Control Board under Chapter 13A (relating to table
games), to conduct table games 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) 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 by a Category 1 slot machine licensee in
connection with the operation of slot machines at a nonprimary
location.
* * *
"Licensed racing entity." Any legal entity that has obtained
a license to conduct live thoroughbred or harness horse race
meetings respectively with pari-mutuel wagering from [either]
the State Horse Racing Commission [or the State Harness Racing
Commission] pursuant to the act of [December 17, 1981 (P.L.435,
No.135), known as the Race Horse Industry Reform Act] April 9,
1929 (P.L.177, No.175), known as The Administrative Code of
1929.
"Manufacturer." A person who manufactures, builds, rebuilds,
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
2016/90BIL/HB1925A07622 - 10 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
interactive games in this Commonwealth for gaming purposes. The
term shall not include a person who manufactures, builds,
rebuilds, fabricates, assembles, produces, programs, designs or
otherwise makes modifications to multi-use computing devices
used in connection with the conduct of interactive gaming at a
qualified airport.
"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, interactive gaming devices or associated equipment or
associated equipment, or casino simulcasting technology or
equipment for use in this Commonwealth for gaming purposes.
* * *
"Multi-use computing device." As follows:
(1) A computing device, including, but not limited to, a
tablet computer, that:
(i) Allows a player to access an authorized
interactive game.
(ii) Is located and accessible to eligible
passengers only in an airport gaming area.
(iii) Communicates with a server that is in a
location approved by the Pennsylvania Gaming Control
Board.
(iv) Is approved by the Pennsylvania Gaming Control
Board.
(v) Has the capability of being linked to and
monitored by the department's central control computer
system, as applicable for any particular interactive
game, in accordance with section 1323 (relating to
central control computer system).
(vi) Offers a player additional functions which
shall include Internet browsing, the capability of
checking flight status and ordering food or beverages.
(2) The term shall not include any tablet or computing
device that restricts, prohibits or is incapable of providing
access to interactive gaming, interactive gaming skins or
interactive gaming platforms.
"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
agreement authorizing the conduct of a multistate wide-area
progressive slot machine system by slot machine licensees in
this Commonwealth with gaming entities in such other state or
jurisdiction, as approved by the Pennsylvania Gaming Control
Board.
* * *
"Nongaming service provider." A person that is not a gaming
service provider or required to be licensed as a manufacturer,
supplier, management company or gaming junket enterprise under
this part or regulations of the Pennsylvania Gaming Control
2016/90BIL/HB1925A07622 - 11 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
Board and that provides goods or services:
(1) to a slot machine licensee or applicant for a slot
machine license for use in the operation of a licensed
facility; and
(2) that does not require access to the gaming floor or
a gaming-related restricted area of a licensed facility.
* * *
"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).
* * *
"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.
* * *
"Qualified airport." A publicly owned commercial service
airport that is designated by the Federal Government as an
international airport.
* * *
["Race Horse Industry Reform Act." The act of December 17,
1981 (P.L.435, No.135), known as the Race Horse Industry Reform
Act.]
"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 as approved
by the Pennsylvania Gaming Control Board.
"Registered player." An individual who has entered into an
2016/90BIL/HB1925A07622 - 12 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
interactive gaming account agreement with an interactive gaming
certificate holder.
* * *
"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.
"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
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.
(iv) A multi-use computing device which is capable
of simulating, either digitally or electronically, a slot
machine.
* * *
"Supplier." A person that sells, leases, offers or otherwise
provides, distributes or services any slot machine, table game
device or associated equipment, interactive gaming device or
associated equipment for use or play of slot machines [or],
table games or interactive games in this Commonwealth. The term
2016/90BIL/HB1925A07622 - 13 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
shall include a person that sells, leases, offers or otherwise
provides, distributes or services any multi-use computing device
as approved by the Pennsylvania Gaming Control Board.
"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, including any
multi-use computing device or associated 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 or that is capable, through the use of
digital, electronic or other communications technology, of
simulating play of 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.
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
2016/90BIL/HB1925A07622 - 14 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
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.
"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
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.
2016/90BIL/HB1925A07622 - 15 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
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
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
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
2016/90BIL/HB1925A07622 - 16 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
(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
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,
2016/90BIL/HB1925A07622 - 17 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
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
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.
(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
2016/90BIL/HB1925A07622 - 18 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
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
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
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
2016/90BIL/HB1925A07622 - 19 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
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
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
2016/90BIL/HB1925A07622 - 20 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
establishment meets the following requirements:
(1) Is of good moral character and reputation in the
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
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
2016/90BIL/HB1925A07622 - 21 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
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
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
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.
2016/90BIL/HB1925A07622 - 22 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
(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
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
a hearing before the board in accordance with the provisions of
2016/90BIL/HB1925A07622 - 23 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
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.
(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
2016/90BIL/HB1925A07622 - 24 -
1
2
3
4
5
6