H0864B3433A08829 MSP:JMT 06/21/18 #90 A08829
AMENDMENTS TO HOUSE BILL NO. 864
Sponsor: SENATOR FONTANA
Printer's No. 3433
Amend Bill, page 1, line 10, by inserting after "for"
prohibition regarding pools, for
Amend Bill, page 1, line 14, by striking out "and,"
Amend Bill, page 1, line 15, by striking out the period after
"enforcement" and inserting
; and, in tavern gaming, further providing for licenses and
application, for enforcement and for prohibition.
Amend Bill, page 5, line 18, by inserting after "SECTIONS"
301.1,
Amend Bill, page 5, by inserting between lines 18 and 19
Section 301.1. Prohibition regarding pools.
The operation of a pool must comply with [the Professional
and Amateur Sports Protection Act (Public Law 102-559, 28 U.S.C.
ยง 3701 et seq.) or other] Federal law in the operation of or
participation in the pool.
Amend Bill, page 8, line 2, by inserting after "GAME"
or team event
Amend Bill, page 8, line 11, by inserting after "GAME"
or team event
Amend Bill, page 8, line 19, by inserting after "GAME"
, team event
Amend Bill, page 8, line 21, by inserting after "GAME"
, team event
Amend Bill, page 10, by inserting between lines 14 and 15
(i) Mechanical or electrical devices.--An athletic event
drawing may be played with the assistance of a mechanical or
electrical device, nothing under this subsection shall be
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construed to authorize any other form of gambling authorized
under 4 Pa.C.S. (relating to amusements).
(j) Definition.--As used in this section, the term "team
event" means a practice, scrimmage, exhibition or similar event
at the home stadium or training camp facility of an athletic
team under paragraph (1), (2), (3) or (4) of the definition of
"athletic team" in section 103.
Amend Bill, page 10, by inserting between lines 25 and 26
(b) Airport.--Prior to purchasing an airport 50/50 drawing
ticket, the airport shall request contact information from
prospective buyer.
Amend Bill, page 10, line 26, by striking out "(b)" and
inserting
(c)
Amend Bill, page 11, line 3, by striking out "(c)" and
inserting
(d)
Amend Bill, page 11, line 10, by striking out "(d)" and
inserting
(e)
Amend Bill, page 11, line 14, by striking out "(e)" and
inserting
(f)
Amend Bill, page 11, line 19, by inserting after
"subdivision"
, airport or airport authority
Amend Bill, page 11, by inserting between lines 23 and 24
(g) Notification.--An airport shall contact a winner based
on the information submitted under subsection (b).
Amend Bill, page 11, line 24, by striking out "(f)" and
inserting
(h)
Amend Bill, page 11, line 28, by striking out "(g)" and
inserting
(i)
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Amend Bill, page 11, by inserting between lines 29 and 30
(j) Mechanical or electrical devices.--An airport 50/50
drawing may be played with the assistance of a mechanical or
electrical device, nothing under this subsection shall be
construed to authorize any other form of gambling authorized
under 4 Pa.C.S. (relating to amusements).
Amend Bill, page 11, line 30, by striking out "(h)" and
inserting
(k)
Amend Bill, page 12, line 7, by striking out "and" and
inserting a comma
Amend Bill, page 12, line 8, by inserting after "702(g)"
, 903(b) and (e) and 904
Amend Bill, page 12, line 21, by inserting a bracket before
"Beginning"
Amend Bill, page 12, line 21, by inserting after "a"
] A
Amend Bill, page 13, line 1, by inserting a bracket before
"beginning"
Amend Bill, page 13, line 1, by inserting a bracket after
"2013,"
Amend Bill, page 13, by inserting between lines 21 and 22
Section 903. Licenses.
* * *
(b) Information.--The application under subsection (a) shall
include the following information:
(1) The name, address and photograph of the applicant.
(2) A current tax lien certificate issued by the
department and a certificate from the Department of Labor and
Industry of payment of all workers' compensation and
unemployment compensation owed.
(3) The details of any license issued under 4 Pa.C.S.
Pt. II (relating to gaming), the act of April 12, 1951
(P.L.90, No.21), known as the Liquor Code, or this act which
was applied for or in which the applicant or other owner has
an interest.
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(4) [Certified consent by the applicant, including each
owner and officer of the restaurant licensee, to a background
investigation by the bureau.] A criminal history record
information report issued under 18 Pa.C.S. Ch. 91 (relating
to criminal history record information) obtained from the
Pennsylvania State Police.
(5) Relating to criminal information under paragraph
(4), disclosure of all arrests and citations of the
applicant, including nontraffic summary offenses. The
information shall include all of the following:
(i) A brief description of the circumstances
surrounding the arrest or issuance of the citation.
(ii) The specific offense charged.
(iii) The ultimate disposition of the charge,
including any dismissal, plea bargain, conviction,
sentence, pardon, expungement or order of Accelerated
Rehabilitative Disposition.
(6) Financial background and interests and transactions
as required by the bureau.
(7) Relating to citations of the applicant issued under
the Liquor Code or any other discipline or penalty
administered or issued by a Commonwealth agency.
(8) Relating to disclosure of conditional license
agreements entered into under the Liquor Code.
(9) Any other information required by the board.
* * *
[(e) Background investigation.--Each applicant shall include
information and documentation as required to establish personal
and financial suitability, honesty and integrity. Information
shall include:
(1) Criminal history record information.
(2) Financial background information.
(3) Regulatory history before the board or other
Commonwealth agency.
(4) Other information required by the bureau.]
* * *
Section 904. Application.
(a) Application fee.--An applicant shall pay the board a
nonrefundable application fee of [$1,000] $500.
[(b) Investigative fee.--An applicant shall pay an
investigative fee of $1,000 to the bureau.] (Reserved).
(c) [Costs.--In addition to the fee under subsection (b),
an] Investigative costs.--An applicant and any owner and officer
of the applicant shall pay for the [actual] reasonable and
necessary costs of a background investigation conducted by the
bureau [that exceed the application fee]. The bureau may:
(1) Charge an estimated amount to be provided prior to
the background investigation.
(2) Submit for reimbursement from the applicant for the
additional costs incurred in the background investigation.
(d) Funds.--Funds collected under [subsections (b) and]
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subsection (c) shall augment the funds appropriated to the
Pennsylvania Gaming Control Board under 4 Pa.C.S. (relating to
amusements).
Section 6. Section 913(c) and (d) of the act are amended,
subsection (f) is amended by adding a paragraph and the section
is amended by adding subsections:
Section 913. Enforcement.
* * *
(c) Penalties.--The board may impose a civil penalty for a
violation of this chapter in accordance with the following:
(1) Up to [$2,000] $800 for an initial violation.
(2) Up to [$3,000] $1,000 for a second violation.
(3) Up to [$5,000] $2,000 for a third violation.
(d) Criminal penalty.--A violation of this chapter shall be
a [misdemeanor of the third degree] summary offense. A second or
subsequent offense shall be a misdemeanor of the [second] third
degree.
* * *
(f) Suspension, revocation or failure to renew.--
* * *
(3) A third violation of this chapter shall result in a
revocation of a license issued under this chapter. A licensee
shall be ineligible to apply for or be awarded a license
under this chapter for a period of five years following a
revocation.
(g) Law enforcement officials.--Nothing under this chapter
shall be construed to restrict or limit the power of a State,
county or local law enforcement official to conduct
investigations and file criminal charges under this chapter.
(h) Violations.--
(1) Except as provided under paragraph (2), a violation
of this chapter by a restaurant licensee shall not constitute
a violation of the act of the Liquor Code.
(2) If a restaurant licensee has committed three or more
violations of this act in a calendar year, the bureau may
enforce a violation of this chapter as a violation of the
Liquor Code.
Section 7. Section 914(4) and (7) of the act are amended to
read:
Section 914. Prohibitions.
The following shall apply to any license authorized or issued
under this chapter:
* * *
(4) The board shall be prohibited from issuing a license
to any person who has been convicted of a felony offense or
misdemeanor gambling offense in [any jurisdiction] this
Commonwealth unless 15 years have elapsed from the date of
conviction of the offense.
* * *
(7) It shall be unlawful for an owner, officer or
employee of a licensee to sell, operate or otherwise
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participate in the conduct of tavern games if the employee
has been convicted in [any jurisdiction] this Commonwealth of
a felony or a misdemeanor gambling offense unless 15 years
have elapsed from the date of conviction of the offense.
* * *
Amend Bill, page 13, line 22, by striking out "6" and
inserting
8
Amend Bill, page 13, line 25, by striking out "7" and
inserting
9
Amend Bill, page 13, line 27, by striking out the comma after
"501(A)(1)" and inserting
and
Amend Bill, page 13, line 28, by striking out "AND 702(G)"
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See A08829 in
the context
of HB0864