(3) For a third or subsequent offense, commits a felony
of the third degree and shall, upon conviction, be sentenced
to a fine of not less than $15,000 and, at the discretion of
the court, an additional fine of not more than $1,000 per day
for each slot machine used for the purpose of gambling.
(a.4) Separate offenses.--For purposes of the criminal
penalties and fines established under subsection (a.3), the
prohibited activity specified in subsection (a.2)(2), (3) and
(4) as it applies to each slot machine shall not be deemed a
separate offense unless the prohibited activity occurs on more
than one day or more than one location.
(b) Confiscation of gambling devices and slot machines.--Any
gambling device or slot machine possessed or used in violation
of the provisions of subsection (a) or (a.2) shall be seized and
forfeited to the Commonwealth. The forfeiture shall be conducted
in accordance with 42 Pa.C.S. §§ 5803 (relating to asset
forfeiture), 5805 (relating to forfeiture procedure), 5806
(relating to motion for return of property), 5807 (relating to
restrictions on use), 5807.1 (relating to prohibition on
adoptive seizures) and 5808 (relating to exceptions).
* * *
[(e.1) Construction.--Nothing in this section shall be
construed to prohibit any activity that is lawfully conducted
under any of the following:
(1) The act of August 26, 1971 (P.L.351, No.91), known
as the State Lottery Law.
(2) The act of July 10, 1981 (P.L.214, No.67), known as
the Bingo Law.
(3) The act of December 19, 1988 (P.L.1262, No.156),
known as the Local Option Small Games of Chance Act.
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