HOUSE AMENDED
PRIOR PRINTER'S NO. 1389 PRINTER'S NO. 2076
No. 1140 Session of 1989
INTRODUCED BY STEWART, LINCOLN, BELAN, BELL, HESS, PUNT,
RHOADES, LYNCH, LEWIS, ROSS, STAPLETON, FISHER, PORTERFIELD,
MADIGAN, WILT, STOUT, MUSTO, SHAFFER, ANDREZESKI, SHUMAKER,
AFFLERBACH, CORMAN, DAWIDA, PECORA, REIBMAN AND MELLOW,
JUNE 28, 1989
AS REPORTED FROM COMMITTEE ON FINANCE, HOUSE OF REPRESENTATIVES,
AS AMENDED, APRIL 2, 1990
AN ACT
1 Amending the act of December 19, 1988 (P.L.1262, No.156),
2 entitled "An act providing for the licensing of clubs to
3 conduct games of chance, for the licensing of persons to
4 distribute games of chance, for the registration of
5 manufacturers of games of chance, and for suspensions and
6 revocations of licenses and permits; requiring records;
7 providing for local referendum by electorate; and prescribing
8 penalties," adding a definition of "license"; and further <--
9 providing for penalties. FURTHER PROVIDING FOR THE CONDUCTING <--
10 OF GAMES OF CHANCE, THE ORGANIZATIONS WHICH MAY CONDUCT SUCH
11 GAMES, HOW, WHERE AND BY WHOM THEY MAY BE CONDUCTED,
12 REFERENDUMS, POWERS OF THE DEPARTMENT AND PENALTIES.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 3 of the act of December 19, 1988 <--
16 (P.L.1262, No.156), known as the Local Option Small Games of
17 Chance Act, is amended by adding a definition to read:
18 Section 3. Definitions.
19 The following words and phrases when used in this act shall
20 have the meanings given to them in this section unless the
1 context clearly indicates otherwise:
2 * * *
3 "License." A license to conduct games of chance.
4 * * *
5 Section 2. Section 17(a) of the act is amended to read:
6 Section 17. Penalties.
7 (a) Summary offense.--Any club violating the provisions of
8 this act shall be guilty of a summary offense and, upon
9 conviction thereof, shall be sentenced to pay a fine not
10 exceeding $1,000 and shall forfeit [any] the license to conduct
11 games of chance issued to the club, and it shall be ineligible
12 for a license renewal for 30 months thereafter.
13 * * *
14 Section 3. This act shall take effect in 60 days.
15 SECTION 1. THE TITLE AND SECTIONS 3, 4, 5, 6, 7(A), 9, 10, <--
16 11, 12, 14, 15 AND 17(A) AND (B) OF THE ACT OF DECEMBER 19, 1988
17 (P.L.1262, NO.156), KNOWN AS THE LOCAL OPTION SMALL GAMES OF
18 CHANCE ACT, ARE AMENDED TO READ:
19 AN ACT
20 PROVIDING FOR THE LICENSING OF [CLUBS] ELIGIBLE ORGANIZATIONS TO
21 CONDUCT GAMES OF CHANCE, FOR THE LICENSING OF PERSONS TO
22 DISTRIBUTE GAMES OF CHANCE, FOR THE REGISTRATION OF
23 MANUFACTURERS OF GAMES OF CHANCE, AND FOR SUSPENSIONS AND
24 REVOCATIONS OF LICENSES AND PERMITS; REQUIRING RECORDS;
25 PROVIDING FOR LOCAL REFERENDUM BY ELECTORATE; AND PRESCRIBING
26 PENALTIES.
27 SECTION 3. DEFINITIONS.
28 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
29 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
30 CONTEXT CLEARLY INDICATES OTHERWISE:
19890S1140B2076 - 2 -
1 "BONA FIDE [CLUB] MEMBER." ANY INDIVIDUAL WHO HOLDS A [FULL]
2 MEMBERSHIP IN THE [CLUB] ELIGIBLE ORGANIZATION AS DEFINED BY
3 [THE CLUB'S] THAT ORGANIZATION'S CONSTITUTION, CHARTER, ARTICLES
4 OF INCORPORATION OR BYLAWS.
5 "CHARITABLE ORGANIZATION." A NOT-FOR-PROFIT GROUP OR BODY OF
6 PERSONS WHICH IS CREATED AND EXISTS FOR THE PURPOSE OF
7 PERFORMING A HUMANE SERVICE; PROMOTING THE GOOD AND WELFARE OF
8 THE AGED, POOR, INFIRM OR DISTRESSED; COMBATING JUVENILE
9 DELINQUENCY; OR ADVANCING THE SPIRITUAL, MENTAL, SOCIAL AND
10 PHYSICAL IMPROVEMENT OF YOUNG MEN AND WOMEN.
11 "CIVIC AND SERVICE ASSOCIATIONS." ANY STATEWIDE OR BRANCH,
12 LODGE OR CHAPTER OF A NONPROFIT NATIONAL OR STATE ORGANIZATION
13 WHICH IS AUTHORIZED BY ITS WRITTEN CONSTITUTION, CHARTER,
14 ARTICLES OF INCORPORATION OR BYLAWS TO ENGAGE IN A CIVIC OR
15 SERVICE PURPOSE WITHIN THIS COMMONWEALTH, WHICH SHALL HAVE
16 EXISTED IN THIS COMMONWEALTH FOR ONE YEAR. THE TERM ALSO MEANS A
17 SIMILAR LOCAL NONPROFIT ORGANIZATION, NOT AFFILIATED WITH A
18 NATIONAL OR STATE ORGANIZATION, WHICH IS RECOGNIZED BY A
19 RESOLUTION ADOPTED BY THE GOVERNING BODY OF THE MUNICIPALITY IN
20 WHICH THE ORGANIZATION CONDUCTS ITS PRINCIPAL ACTIVITIES. THE
21 TERM SHALL INCLUDE, BUT NOT BE LIMITED TO, BONA FIDE SPORTSMEN'S
22 AND WILDLIFE ASSOCIATIONS, FEDERATIONS OR CLUBS, STATEWIDE OR
23 LOCAL IN NATURE, VOLUNTEER FIRE COMPANIES, VOLUNTEER RESCUE
24 SQUADS AND VOLUNTEER AMBULANCE ASSOCIATIONS AND BONA FIDE SENIOR
25 CITIZENS ORGANIZATIONS. IN THE CASE OF BONA FIDE SENIOR CITIZENS
26 ORGANIZATIONS, THE LICENSING AUTHORITY MAY ACCEPT ALTERNATIVE
27 DOCUMENTATION FOR PROOF OF PURPOSES WHEN THERE ARE NO BYLAWS OR
28 ARTICLES OF INCORPORATION IN EXISTENCE. THE TERM SHALL ALSO
29 INCLUDE NONPROFIT ORGANIZATIONS WHICH ARE ESTABLISHED TO PROMOTE
30 AND ENCOURAGE PARTICIPATION AND SUPPORT FOR EXTRA-CURRICULAR
19890S1140B2076 - 3 -
1 ACTIVITIES WITHIN THE ESTABLISHED PRIMARY AND SECONDARY PUBLIC,
2 PRIVATE AND PAROCHIAL SCHOOL SYSTEMS. SUCH ORGANIZATIONS MUST BE
3 RECOGNIZED BY A RESOLUTION ADOPTED BY THE APPROPRIATE GOVERNING
4 BODY. IN THE CASE OF ORGANIZATIONS ASSOCIATED WITH THE PUBLIC
5 SCHOOL SYSTEM, THE GOVERNING BODY SHALL BE THE SCHOOL BOARD OF
6 THE SCHOOL DISTRICT. IN THE CASE OF PRIVATE OR PAROCHIAL SCHOOL
7 ORGANIZATIONS, THAT BODY SHALL BE EITHER THE BOARD OF TRUSTEES
8 OR THE ARCHDIOCESE.
9 "CLUB." [AN INCORPORATED UNIT OF A NATIONAL VETERANS'
10 ORGANIZATION, AS DEFINED IN SECTION 461.1 OF THE ACT OF APRIL
11 12, 1951 (P.L.90, NO.21), KNOWN AS THE LIQUOR CODE, AND LICENSED
12 TO SELL LIQUOR AT RETAIL UNDER THE ACT; OR A] A CLUB, AS
13 DEFINED IN SECTION 102 OF THE ACT OF APRIL 12, 1951 (P.L.90,
14 NO.21), KNOWN AS THE LIQUOR CODE, THAT QUALIFIES AS AN EXEMPT
15 ORGANIZATION UNDER SECTION 501(C) OR 527 OF THE INTERNAL REVENUE
16 CODE OF 1954 (68A STAT. 3, 26 U.S.C. § 501(C) OR 527) AND IS
17 LICENSED TO SELL LIQUOR AT RETAIL AND HAS A CHARITABLE,
18 RELIGIOUS OR CIVIC PURPOSE OR IS ORGANIZED TO BENEFIT A
19 POLITICAL PARTY.[; OR AN ORGANIZED FRATERNAL SOCIETY CREATED AND
20 CARRIED ON FOR THE MUTUAL BENEFIT OF ITS MEMBERS, NOT-FOR-PROFIT
21 AND NOT ISSUING CAPITAL STOCK, HAVING A LIMITED MEMBERSHIP AND A
22 REPRESENTATIVE FORM OF GOVERNMENT AND LICENSED TO SELL LIQUOR AT
23 RETAIL UNDER THE LIQUOR CODE; OR A NOT-FOR-PROFIT RELIGIOUS OR
24 CHARITABLE ORGANIZATION CONDUCTING BUSINESS IN ACCORDANCE WITH
25 THE EXPRESS PURPOSE OF A WRITTEN CONSTITUTION, CHARTER, ARTICLES
26 OF INCORPORATION OR BYLAWS. THE TERM "CLUB" SHALL ALSO INCLUDE
27 ANY VOLUNTEER FIRE COMPANY, VOLUNTEER RESCUE SQUAD OR VOLUNTEER
28 AMBULANCE ASSOCIATION. EACH CLUB SHALL HAVE BEEN IN EXISTENCE
29 AND FULFILLING ITS PURPOSES FOR TWO YEARS PRIOR TO THE DATE OF
30 APPLICATION FOR A LICENSE.]
19890S1140B2076 - 4 -
1 "DAILY DRAWING." A GAME IN WHICH A BONA FIDE MEMBER SELECTS
2 OR IS ASSIGNED A NUMBER FOR A CHANCE AT A PRIZE WITH THE WINNER
3 DETERMINED BY A RANDOM DRAWING TO TAKE PLACE ON THE ELIGIBLE
4 ORGANIZATION'S PREMISES DURING THE SAME OPERATING DAY. THE TERM
5 INCLUDES GAMES COMMONLY KNOWN AS "MEMBER SIGN-IN LOTTERIES" AND
6 "HALF-AND-HALF LOTTERIES." NOTHING IN THIS ACT SHALL BE
7 CONSTRUED TO PROHIBIT THE CARRYING OVER OF A JACKPOT WHERE THE
8 WINNING NUMBER HAS NOT BEEN ENTERED IN THE GAME ON A PARTICULAR
9 OPERATING DAY. DAILY DRAWING WINNERS MAY BE DETERMINED WITH THE
10 AID OF A PASSIVE SELECTION DEVICE OR REFERENCE TO DRAWINGS
11 CONDUCTED BY THE DEPARTMENT PURSUANT TO THE ACT OF AUGUST 26,
12 1971 (P.L.351, NO.91), KNOWN AS THE STATE LOTTERY LAW. DAILY
13 DRAWING CHANCES MAY NOT BE SOLD FOR AN AMOUNT IN EXCESS OF $1
14 AND NO MORE THAN ONE CHANCE MAY BE SOLD TO AN INDIVIDUAL DURING
15 THE SAME OPERATING DAY.
16 "DEPARTMENT." THE DEPARTMENT OF REVENUE OF THE COMMONWEALTH.
17 "DISPENSING MACHINE." A DEVICE DESIGNED EXCLUSIVELY FOR THE
18 DISPENSING OF THE GAMES OF CHANCE AUTHORIZED BY THIS ACT,
19 INCLUDING, BUT NOT LIMITED TO, TICKET JARS, FISH BOWLS AND STAMP
20 MACHINES. NOTHING IN THIS ACT SHALL BE CONSTRUED TO AUTHORIZE
21 DEVICES COMMONLY KNOWN AS "SLOT MACHINES" OR "VIDEO POKER."
22 "ELIGIBLE ORGANIZATIONS." INCLUDES QUALIFYING NONPROFIT
23 CHARITABLE, RELIGIOUS, FRATERNAL AND VETERAN ORGANIZATIONS,
24 CLUBS AND CIVIC AND SERVICE ASSOCIATIONS AS DEFINED BY THIS ACT.
25 IN ORDER TO QUALIFY AS AN ELIGIBLE ORGANIZATION FOR PURPOSES OF
26 THIS ACT, AN ORGANIZATION SHALL HAVE BEEN IN EXISTENCE AND
27 FULFILLING ITS PURPOSES FOR ONE YEAR PRIOR TO THE DATE OF
28 APPLICATION FOR A LICENSE.
29 "FRATERNAL ORGANIZATIONS." A NONPROFIT ORGANIZATION WITHIN
30 THIS COMMONWEALTH WHICH IS CREATED AND CARRIED ON FOR THE MUTUAL
19890S1140B2076 - 5 -
1 BENEFIT OF ITS MEMBERS, HAS A LIMITED MEMBERSHIP AND A
2 REPRESENTATIVE FORM OF GOVERNMENT AND IS A BRANCH, LODGE OR
3 CHAPTER OF A NATIONAL OR STATE ORGANIZATION. SUCH ORGANIZATIONS
4 SHALL HAVE BEEN IN EXISTENCE IN THIS COMMONWEALTH AND FULFILLING
5 THEIR PURPOSES FOR ONE YEAR PRIOR TO THE DATE OF APPLICATION FOR
6 A LICENSE.
7 "GAMES OF CHANCE." PUNCHBOARDS, [LOTTERIES] DAILY DRAWINGS,
8 RAFFLES AND PULL-TABS, AS DEFINED IN THIS ACT, PROVIDED THAT NO
9 SUCH GAME SHALL BE PLAYED BY OR WITH THE ASSISTANCE OF ANY
10 MECHANICAL OR ELECTRICAL DEVICES OR MEDIA OTHER THAN A
11 DISPENSING MACHINE OR PASSIVE SELECTION DEVICE AND FURTHER
12 PROVIDED THAT THE PARTICULAR CHANCE TAKEN BY ANY PERSON IN ANY
13 SUCH GAME SHALL NOT BE MADE CONTINGENT UPON ANY OTHER OCCURRENCE
14 OR THE WINNING OF ANY OTHER CONTEST, BUT SHALL BE DETERMINED
15 SOLELY AT THE DISCRETION OF THE PURCHASER. THIS DEFINITION SHALL
16 NOT BE CONSTRUED TO AUTHORIZE ANY OTHER FORM OF GAMBLING
17 CURRENTLY PROHIBITED UNDER ANY PROVISION OF TITLE 18 OF THE
18 PENNSYLVANIA CONSOLIDATED STATUTES (RELATING TO CRIMES AND
19 OFFENSES). NOTHING IN THIS ACT SHALL BE CONSTRUED TO AUTHORIZE
20 GAMES COMMONLY KNOWN AS "SLOT MACHINES" OR "VIDEO POKER."
21 "LAW ENFORCEMENT OFFICIAL." A MUNICIPAL POLICE OFFICER, A
22 MEMBER OF THE PENNSYLVANIA STATE POLICE, THE SHERIFF OF A COUNTY
23 OR A DEPUTY SHERIFF.
24 ["LEGITIMATE CLUB PURPOSES." ONE OR MORE OF THE FOLLOWING:
25 (1) BENEFITING PERSONS BY ENHANCING THEIR OPPORTUNITY
26 FOR RELIGIOUS OR EDUCATION ADVANCEMENT, BY RELIEVING OR
27 PROTECTING THEM FROM DISEASE, SUFFERING OR DISTRESS, BY
28 CONTRIBUTING TO THEIR PHYSICAL, EMOTIONAL OR SOCIAL WELL-
29 BEING, BY ASSISTING THEM IN ESTABLISHING THEMSELVES IN LIFE
30 AS WORTHY AND USEFUL CITIZENS, OR BY INCREASING THEIR
19890S1140B2076 - 6 -
1 COMPREHENSION OF AND DEVOTION TO THE PRINCIPLES UPON WHICH
2 THIS NATION WAS FOUNDED.
3 (2) INITIATING, PERFORMING, OR FOSTERING WORTHY PUBLIC
4 WORKS OR ENABLING OR FURTHERING THE ERECTION OR MAINTENANCE
5 OF PUBLIC STRUCTURES.
6 (3) LESSENING THE BURDENS BORNE BY GOVERNMENT OR
7 VOLUNTARILY SUPPORTING, AUGMENTING OR SUPPLEMENTING SERVICES
8 WHICH GOVERNMENT WOULD NORMALLY RENDER TO THE PEOPLE.
9 (4) IMPROVING, EXPANDING, MAINTAINING OR REPAIRING REAL
10 PROPERTY OWNED OR LEASED BY A CLUB AND USED FOR PURPOSES
11 SPECIFIED IN PARAGRAPHS (1), (2) AND (3).
12 THE TERM DOES NOT INCLUDE THE ERECTION OR ACQUISITION OF ANY
13 REAL PROPERTY, UNLESS THE PROPERTY WILL BE USED EXCLUSIVELY FOR
14 ONE OR MORE OF THE PURPOSES SPECIFIED IN THIS DEFINITION.]
15 "LICENSE." A LICENSE TO CONDUCT GAMES OF CHANCE.
16 "LICENSING AUTHORITY." THE COUNTY TREASURER, OR IN ANY HOME
17 RULE COUNTY OR CITY OF THE FIRST CLASS, WHERE THERE IS NO
18 ELECTED TREASURER, THE DESIGNEE OF THE GOVERNING AUTHORITY.
19 ["LOTTERY." A GAME IN WHICH A BONA FIDE CLUB MEMBER OR GUEST
20 SELECTS A NUMBER FOR A CHANCE AT A PRIZE WITH THE WINNER
21 DETERMINED BY A RANDOM DRAWING TO TAKE PLACE ON THE LICENSED
22 PREMISES. THE TERM INCLUDES GAMES COMMONLY KNOWN AS "MEMBER
23 SIGN-IN LOTTERIES" AND "HALF-AND-HALF LOTTERIES." NOTHING IN
24 THIS ACT SHALL BE CONSTRUED TO PERMIT LOTTERIES ANY PART OF
25 WHICH ARE CONDUCTED AT LOCATIONS OTHER THAN THE LICENSED
26 PREMISES, NOR SHALL THE TERM "LOTTERY" INCLUDE ANY GAME OR
27 CONTEST IN WHICH THE WINNING NUMBER IS DETERMINED BY ANY OTHER
28 DRAWING OR EVENT, EXCEPT THAT WINNING NUMBERS MAY BE DETERMINED
29 BY REFERENCE TO DRAWINGS CONDUCTED BY THE DEPARTMENT PURSUANT TO
30 THE ACT OF AUGUST 26, 1971 (P.L.351, NO.91), KNOWN AS THE STATE
19890S1140B2076 - 7 -
1 LOTTERY LAW.]
2 "PASSIVE SELECTION DEVICE." A DEVICE WHICH IS USED TO HOLD
3 OR DENOTE THE UNIVERSE OF POSSIBLE WINNING NUMBERS OR ENTRANTS
4 IN A DAILY DRAWING OR RAFFLE. SUCH A DEVICE MAY NOT HAVE THE
5 CAPABILITY OF BEING UTILIZED TO CONDUCT OR AID IN THE CONDUCTING
6 OF UNAUTHORIZED OR ILLEGAL FORMS OF GAMBLING.
7 "PUBLIC INTEREST PURPOSES." ONE OR MORE OF THE FOLLOWING:
8 (1) BENEFITING PERSONS BY ENHANCING THEIR OPPORTUNITY
9 FOR RELIGIOUS OR EDUCATION ADVANCEMENT, BY RELIEVING OR
10 PROTECTING THEM FROM DISEASE, SUFFERING OR DISTRESS, BY
11 CONTRIBUTING TO THEIR PHYSICAL, EMOTIONAL OR SOCIAL WELL-
12 BEING, BY ASSISTING THEM IN ESTABLISHING THEMSELVES IN LIFE
13 AS WORTHY AND USEFUL CITIZENS, OR BY INCREASING THEIR
14 COMPREHENSION OF AND DEVOTION TO THE PRINCIPLES UPON WHICH
15 THIS NATION WAS FOUNDED.
16 (2) INITIATING, PERFORMING, OR FOSTERING WORTHY PUBLIC
17 WORKS OR ENABLING OR FURTHERING THE ERECTION OR MAINTENANCE
18 OF PUBLIC STRUCTURES.
19 (3) LESSENING THE BURDENS BORNE BY GOVERNMENT OR
20 VOLUNTARILY SUPPORTING, AUGMENTING OR SUPPLEMENTING SERVICES
21 WHICH GOVERNMENT WOULD NORMALLY RENDER TO THE PEOPLE.
22 (4) IMPROVING, EXPANDING, MAINTAINING OR REPAIRING REAL
23 PROPERTY OWNED OR LEASED BY AN ELIGIBLE ORGANIZATION AND USED
24 FOR PURPOSES SPECIFIED IN PARAGRAPHS (1), (2) AND (3).
25 THE TERM DOES NOT INCLUDE THE ERECTION OR ACQUISITION OF ANY
26 REAL PROPERTY, UNLESS THE PROPERTY WILL BE USED EXCLUSIVELY FOR
27 ONE OR MORE OF THE PURPOSES SPECIFIED IN THIS DEFINITION.
28 "PULL-TAB." A SINGLE FOLDED OR BANDED TICKET OR A STRIP
29 TICKET OR CARD WITH A FACE COVERED TO CONCEAL ONE OR MORE
30 NUMBERS OR SYMBOLS, WHERE ONE OR MORE OF EACH SET OF TICKETS OR
19890S1140B2076 - 8 -
1 CARDS HAS BEEN DESIGNATED IN ADVANCE AS A WINNER. ["PULL-TAB"
2 ALSO INCLUDES A TICKET SOLD IN A DEVICE KNOWN AS A TICKET JAR,
3 FISH BOWL OR STAMP MACHINE.]
4 "PUNCHBOARD." A BOARD, PLACARD OR OTHER DEVICE MARKED OFF IN
5 A GRID OR COLUMNS, IN WHICH EACH SECTION CONTAINS A HIDDEN
6 NUMBER OR NUMBERS, OR OTHER SYMBOL, WHICH DETERMINES THE WINNING
7 CHANCES.
8 "RAFFLE." A GAME IN WHICH A PARTICIPANT BUYS A TICKET FOR A
9 CHANCE AT A PRIZE WITH THE WINNER DETERMINED BY A RANDOM DRAWING
10 OF CORRESPONDING TICKET STUBS TO TAKE PLACE AT A LOCATION AND
11 DATE OR DATES PRINTED UPON EACH TICKET. SUCH GAMES SHALL INCLUDE
12 LOTTERIES BUT NOT DAILY DRAWINGS. RAFFLE WINNERS MAY BE
13 DETERMINED BY REFERENCE TO DRAWINGS CONDUCTED BY THE DEPARTMENT
14 PURSUANT TO THE ACT OF AUGUST 26, 1971 (P.L.351, NO.91), KNOWN
15 AS THE STATE LOTTERY LAW.
16 "RELIGIOUS ORGANIZATION." A NOT-FOR-PROFIT GROUP OR BODY OF
17 PERSONS WHICH IS CREATED AND WHICH EXISTS FOR THE PREDOMINANT
18 PURPOSE OF REGULARLY HOLDING OR CONDUCTING RELIGIOUS ACTIVITIES
19 OR RELIGIOUS EDUCATION, WITHOUT PECUNIARY BENEFIT TO ANY
20 OFFICER, MEMBER OR SHAREHOLDER EXCEPT AS REASONABLE COMPENSATION
21 FOR ACTUAL SERVICES RENDERED TO THE ORGANIZATION.
22 "VETERANS ORGANIZATION." ANY CONGRESSIONALLY CHARTERED
23 ORGANIZATION WITHIN THIS COMMONWEALTH, OR ANY BRANCH OR LODGE OR
24 CHAPTER OF A NONPROFIT NATIONAL OR STATE ORGANIZATION WITHIN
25 THIS COMMONWEALTH, THE MEMBERSHIP OF WHICH CONSISTS OF
26 INDIVIDUALS WHO WERE MEMBERS OF THE ARMED SERVICES OR ARMED
27 FORCES OF THE UNITED STATES. THE TERM SHALL ALSO INCLUDE HOME
28 ASSOCIATIONS. SUCH ORGANIZATIONS SHALL HAVE BEEN IN EXISTENCE IN
29 THIS COMMONWEALTH FULFILLING THEIR PURPOSES FOR ONE YEAR PRIOR
30 TO THE DATE OF APPLICATION FOR A LICENSE.
19890S1140B2076 - 9 -
1 SECTION 4. GAMES OF CHANCE PERMITTED.
2 EVERY [CLUB] ELIGIBLE ORGANIZATION TO WHICH A LICENSE HAS
3 BEEN ISSUED UNDER THE PROVISIONS OF THIS ACT MAY CONDUCT GAMES
4 OF CHANCE FOR THE PURPOSE OF RAISING FUNDS FOR [LEGITIMATE CLUB]
5 PUBLIC INTEREST PURPOSES. ALL PROCEEDS OF GAMES OF CHANCE SHALL
6 BE USED EXCLUSIVELY FOR [LEGITIMATE CLUB] PUBLIC INTEREST
7 PURPOSES OR FOR THE PURCHASE OF GAMES OF CHANCE AS PERMITTED BY
8 THIS ACT.
9 SECTION 5. PRIZE LIMITS.
10 (A) INDIVIDUAL PRIZE LIMIT.--THE MAXIMUM CASH VALUE WHICH
11 MAY BE AWARDED FOR ANY SINGLE CHANCE SHALL BE $500.
12 (B) WEEKLY LIMIT.--NO MORE THAN $5,000 IN CASH OR
13 MERCHANDISE SHALL BE AWARDED BY ANY [CLUB] ELIGIBLE ORGANIZATION
14 IN ANY SEVEN-DAY PERIOD.
15 (C) LIMIT ON RAFFLES.--NO MORE THAN $5,000 IN CASH OR
16 MERCHANDISE SHALL BE AWARDED IN RAFFLES IN ANY CALENDAR MONTH.
17 (D) EXCEPTION.--[A CLUB] AN ELIGIBLE ORGANIZATION MAY
18 CONDUCT A RAFFLE AND AWARD A PRIZE OR PRIZES VALUED IN EXCESS OF
19 $500 EACH ONLY UNDER THE FOLLOWING CONDITIONS:
20 (1) THE LICENSING AUTHORITY HAS ISSUED A SPECIAL PERMIT
21 FOR THE RAFFLE UNDER SECTION 11.
22 (2) [NO CLUB] ELIGIBLE ORGANIZATIONS SHALL BE ELIGIBLE
23 TO RECEIVE NO MORE THAN TWO SPECIAL PERMITS IN ANY [CALENDAR
24 YEAR] LICENSED YEAR EXCEPT THAT VOLUNTEER FIRE, AMBULANCE AND
25 RESCUE ORGANIZATIONS SHALL BE ELIGIBLE TO RECEIVE NO MORE
26 THAN THREE SPECIAL PERMITS IN ANY LICENSED YEAR.
27 (3) ONLY ONE RAFFLE MAY BE CONDUCTED UNDER EACH SPECIAL
28 PERMIT.
29 (4) THE TOTAL CASH VALUE OF ALL PRIZES SHALL BE NO MORE
30 THAN $25,000 FOR EACH RAFFLE.
19890S1140B2076 - 10 -
1 (E) LIMIT ON DAILY DRAWINGS.--DAILY DRAWINGS SHALL BE
2 GOVERNED BY THE PRIZE LIMITATIONS CONTAINED IN SUBSECTIONS (A)
3 AND (B).
4 (F) EXCEPTION.--THE PRIZE LIMITATION CONTAINED IN
5 SUBSECTIONS (A) AND (B) MAY BE EXCEEDED BY A DAILY DRAWING UNDER
6 THE FOLLOWING CIRCUMSTANCES: A DAILY DRAWING MAY AWARD A PRIZE
7 WHERE THE CASH VALUE IS IN EXCESS OF $500 IF SUCH PRIZE IS THE
8 RESULT OF A CARRYOVER OF A DRAWING OR DRAWINGS WHICH RESULTED
9 FROM THE WINNING NUMBER IN SUCH DRAWING OR DRAWINGS NOT BEING
10 AMONG THE ELIGIBLE ENTRANTS IN SUCH DRAWINGS. NOTHING CONTAINED
11 HEREIN SHALL AUTHORIZE THE PRIZE LIMITATIONS AS CONTAINED IN
12 SUBSECTIONS (A) AND (B) TO BE EXCEEDED AS A RESULT OF A FAILURE
13 TO CONDUCT A DRAWING ON AN OPERATING DAY DURING WHICH CHANCES
14 WERE SOLD FOR A DAILY DRAWING OR FOR A DAILY DRAWING FOR WHICH
15 CHANCES WERE SOLD IN EXCESS OF $1, OR FOR WHICH MORE THAN ONE
16 CHANCE WAS SOLD TO AN ELIGIBLE PARTICIPANT.
17 (G) DAILY DRAWING EXCEPTION.--WHEN A DAILY DRAWING IS SET UP
18 OR CONDUCTED IN SUCH A MANNER AS TO PAY OUT OR AWARD 100% OF THE
19 GROSS REVENUES GENERATED FROM SUCH DRAWING, THE LIMITATIONS
20 CONTAINED IN SUBSECTION (B) SHALL NOT APPLY.
21 SECTION 6. SALES LIMITED.
22 NO PERSON SHALL SELL, OFFER FOR SALE OR FURNISH GAMES OF
23 CHANCE FOR USE WITHIN THIS COMMONWEALTH EXCEPT TO [A CLUB] AN
24 ELIGIBLE ORGANIZATION OR DISTRIBUTOR LICENSED UNDER THIS ACT. NO
25 GAME OF CHANCE, OTHER THAN A RAFFLE, SOLD, OFFERED FOR SALE OR
26 FURNISHED FOR USE WITHIN THIS COMMONWEALTH SHALL CONTAIN,
27 PERMIT, DEPICT OR DESIGNATE A PRIZE HAVING A CASH VALUE IN
28 EXCESS OF $500.
29 SECTION 7. DISTRIBUTOR LICENSES.
30 (A) LICENSE REQUIRED.--NO PERSON SHALL SELL, OFFER FOR SALE
19890S1140B2076 - 11 -
1 OR FURNISH GAMES OF CHANCE TO [CLUBS] ELIGIBLE ORGANIZATIONS
2 LICENSED UNDER THIS ACT UNLESS SUCH PERSON SHALL HAVE OBTAINED A
3 DISTRIBUTOR LICENSE AS PROVIDED IN THIS SECTION.
4 * * *
5 SECTION 9. REGULATIONS OF DEPARTMENT.
6 (A) AUTHORIZATION.--THE DEPARTMENT SHALL PROMULGATE
7 REGULATIONS TO:
8 (1) IMPOSE MINIMUM STANDARDS AND RESTRICTIONS APPLICABLE
9 TO GAMES OF CHANCE MANUFACTURED FOR SALE IN THIS
10 COMMONWEALTH, WHICH MAY INCLUDE STANDARDS AND RESTRICTIONS
11 WHICH SPECIFY THE MAXIMUM NUMBER OF CHANCES AVAILABLE TO BE
12 SOLD FOR ANY SINGLE GAME OR PRIZE AND SUCH OTHER STANDARDS
13 AND RESTRICTIONS AS THE DEPARTMENT DEEMS NECESSARY FOR THE
14 PURPOSES OF THIS ACT. THE DEPARTMENT SHALL CONSIDER STANDARDS
15 ADOPTED BY THE NATIONAL ASSOCIATION OF GAMBLING REGULATORY
16 AGENCIES AND OTHER STANDARDS COMMONLY ACCEPTED IN THE
17 INDUSTRY.
18 (2) ESTABLISH PROCEDURES BY WHICH MANUFACTURERS MAY
19 REGISTER AND DISTRIBUTORS OF GAMES OF CHANCE MAY APPLY FOR
20 LICENSURE ON FORMS WHICH THE DEPARTMENT SHALL PROVIDE.
21 (3) PROVIDE FOR THE SUSPENSION OR REVOCATION OF
22 DISTRIBUTION LICENSES OR MANUFACTURER CERTIFICATES FOR
23 VIOLATIONS OF THIS ACT OR REGULATIONS OF THE DEPARTMENT.
24 (4) CARRY OUT OTHER PROVISIONS OF THIS ACT.
25 (B) LIMITATION ON RECORDKEEPING REQUIREMENTS.--THIS SECTION
26 SHALL NOT BE CONSTRUED TO AUTHORIZE THE DEPARTMENT TO PROMULGATE
27 REGULATIONS PROVIDING FOR RECORDKEEPING REQUIREMENTS FOR
28 ELIGIBLE ORGANIZATIONS WHICH REQUIRE UNREASONABLE OR UNNECESSARY
29 INFORMATION OR A REPETITIOUS LISTING OF INFORMATION. THE
30 DEPARTMENT SHALL STRIVE TO KEEP SUCH RECORDKEEPING REQUIREMENTS
19890S1140B2076 - 12 -
1 FROM BEING AN UNDUE HARDSHIP OR BURDEN ON ELIGIBLE
2 ORGANIZATIONS. UNDER NO CIRCUMSTANCES SHALL THE DEPARTMENT
3 REQUIRE THE RETENTION OF RECORDS FOR A PERIOD IN EXCESS OF TWO
4 YEARS.
5 SECTION 10. LICENSING OF [CLUBS] ELIGIBLE ORGANIZATIONS TO
6 CONDUCT GAMES OF CHANCE.
7 (A) LICENSE REQUIRED.--NO [CLUB] ELIGIBLE ORGANIZATION SHALL
8 CONDUCT OR OPERATE ANY GAMES OF CHANCE UNLESS SUCH [CLUB]
9 ELIGIBLE ORGANIZATION HAS OBTAINED AND MAINTAINS A VALID LICENSE
10 ISSUED PURSUANT TO THIS SECTION. AUXILIARY GROUPS WITHIN
11 ELIGIBLE ORGANIZATIONS SHALL BE ELIGIBLE TO CONDUCT SMALL GAMES
12 OF CHANCE USING THE LICENSE ISSUED TO THE ELIGIBLE ORGANIZATION
13 PROVIDED THAT THE AUXILIARY GROUP OR GROUPS ARE LISTED ON THE
14 APPLICATION AND LICENSE OF THE ELIGIBLE ORGANIZATION. NO
15 ADDITIONAL LICENSING FEE SHALL BE CHARGED FOR AN AUXILIARY
16 GROUP'S ELIGIBILITY UNDER THIS ACT. AUXILIARY GROUPS SHALL NOT
17 INCLUDE BRANCHES, LODGES OR CHAPTERS OF A STATEWIDE
18 ORGANIZATION.
19 (B) ISSUANCE AND FEES.--THE LICENSING AUTHORITY SHALL
20 LICENSE, UPON APPLICATION, [ANY CLUB] WITHIN 30 DAYS ANY
21 ELIGIBLE ORGANIZATION MEETING THE REQUIREMENTS FOR LICENSURE
22 CONTAINED IN THIS ACT TO CONDUCT AND OPERATE GAMES OF CHANCE AT
23 [ONE LOCATION IN THE COUNTY.] SUCH LOCATIONS WITHIN THE COUNTY
24 OR IN SUCH MANNER AS STATED ON THE APPLICATION AS LIMITED BY
25 SUBSECTION (B.1). THE LICENSE FEE TO BE CHARGED TO EACH [CLUB]
26 ELIGIBLE ORGANIZATION SHALL BE $100, EXCEPT FOR LIMITED OCCASION
27 LICENSES WHICH SHALL BE $10. LICENSES SHALL BE RENEWABLE
28 ANNUALLY UPON THE ANNIVERSARY OF THE DATE OF ISSUE.
29 (B.1) LOCATION OF SMALL GAMES OF CHANCE.--WHERE THERE EXISTS
30 A LOCATION OR PREMISES WHICH IS THE NORMAL BUSINESS OR OPERATING
19890S1140B2076 - 13 -
1 SITE OF THE ELIGIBLE ORGANIZATION AND IS OWNED OR LEASED BY THAT
2 ELIGIBLE ORGANIZATION TO CONDUCT ITS NORMAL BUSINESS, THAT SITE
3 SHALL BE THE LICENSED PREMISES FOR SMALL GAMES OF CHANCE
4 CONDUCTED BY THE ELIGIBLE ORGANIZATION. IF THAT LOCATION
5 CONSISTS OF MORE THAN ONE BUILDING AND THE ELIGIBLE ORGANIZATION
6 WISHES TO CONDUCT ITS GAMES IN A DIFFERENT BUILDING AT THAT
7 LOCATION FROM THE ONE THAT IS LISTED ON ITS APPLICATION AND
8 LICENSE, THE ELIGIBLE ORGANIZATION MUST NOTIFY, IN WRITING, THE
9 DISTRICT ATTORNEY AND THE LICENSING AUTHORITY OF THE CHANGE IN
10 BUILDING SITE AND THE DATES AND TIMES THAT WILL BE AFFECTED.
11 WHEN AN ELIGIBLE ORGANIZATION DOES NOT OWN OR LEASE A SPECIFIC
12 LOCATION TO CONDUCT ITS NORMAL BUSINESS, THAT ELIGIBLE
13 ORGANIZATION MAY USE ANOTHER ELIGIBLE ORGANIZATION'S PREMISES TO
14 CONDUCT ITS GAMES OR MAY MAKE SUCH OTHER ARRANGEMENTS THAT ARE
15 CONSISTENT WITH THIS ACT, INCLUDING, BUT NOT LIMITED TO, LEASING
16 A PREMISE UNDER A WRITTEN AGREEMENT FOR A RENTAL WHICH IS NOT
17 DETERMINED BY EITHER THE AMOUNT OF RECEIPTS REALIZED FROM THE
18 PLAYING OF GAMES OF CHANCE NOR THE NUMBER OF PEOPLE ATTENDING
19 EXCEPT THAT AN ELIGIBLE ORGANIZATION MAY LEASE A FACILITY FOR A
20 BANQUET WHERE A PER HEAD CHARGE IS APPLIED IN CONNECTION WITH
21 THE SERVING OF A MEAL. WHEN SUCH ELIGIBLE ORGANIZATION CHANGES
22 THE SITE OF ITS GAMES FROM THAT WHICH IS LISTED ON ITS
23 APPLICATION AND LICENSE, THE ELIGIBLE ORGANIZATION MUST NOTIFY,
24 IN WRITING, THE DISTRICT ATTORNEY AND LICENSING AUTHORITY OF THE
25 CHANGE IN THEIR GAMES' SITE AND DATES AND TIMES THAT WILL BE
26 AFFECTED.
27 (B.2) OFF PREMISES GAMES OF CHANCE.--NOTWITHSTANDING ANY
28 OTHER PROVISIONS OF THIS SECTION, AN ELIGIBLE ORGANIZATION MAY
29 CONDUCT SMALL GAMES OF CHANCE AT A LOCATION OFF ITS PREMISES
30 WHEN SUCH GAMES ARE PART OF AN ANNUAL CARNIVAL, FAIR, PICNIC OR
19890S1140B2076 - 14 -
1 BANQUET HELD OR PARTICIPATED IN BY THAT ELIGIBLE ORGANIZATION ON
2 A HISTORICAL BASIS. THE ELIGIBLE ORGANIZATION MUST NOTIFY, IN
3 WRITING, THE DISTRICT ATTORNEY AND LICENSING AUTHORITY OF THE
4 LOCATION, DATE AND TIMES OF SUCH EVENTS WHERE IT WILL BE
5 CONDUCTING SMALL GAMES OF CHANCE.
6 (B.3) LIMITED OCCASION LICENSES.--ELIGIBLE ORGANIZATIONS
7 WHICH DO NOT OWN THEIR OWN PREMISES OR WHICH DO NOT LEASE A
8 SPECIFIC LOCATION TO CONDUCT THEIR NORMAL BUSINESS MAY APPLY FOR
9 A LIMITED OCCASION LICENSE TO CONDUCT SMALL GAMES OF CHANCE ON
10 NOT MORE THAN THREE OCCASIONS COVERING A TOTAL OF SEVEN DAYS
11 DURING A LICENSED YEAR. A LIMITED OCCASION LICENSE ENTITLES
12 ELIGIBLE ORGANIZATIONS HOLDING SUCH A LICENSE TO CONDUCT NO MORE
13 THAN TWO RAFFLES DURING A LICENSED YEAR WHERE PRIZES MAY NOT
14 EXCEED THE ESTABLISHED LIMITS FOR REGULAR MONTHLY RAFFLES.
15 HOLDERS OF LIMITED OCCASION LICENSES MAY NOT APPLY OR BE GRANTED
16 ANY OTHER LICENSE OR SPECIAL PERMIT UNDER THIS ACT. NO HOLDER OF
17 A REGULAR LICENSE OR SPECIAL PERMIT UNDER THIS ACT SHALL APPLY
18 OR BE GRANTED A LIMITED OCCASION LICENSE.
19 (B.4) GAMBLING FACILITY PROHIBITED.--IT SHALL BE UNLAWFUL
20 FOR A PERSON, CORPORATION, ASSOCIATION, PARTNERSHIP OR OTHER
21 BUSINESS ENTITY TO OFFER FOR RENT OR OFFER FOR USE A BUILDING OR
22 FACILITY TO BE USED EXCLUSIVELY FOR THE CONDUCTING OF SMALL
23 GAMES OF CHANCE. IT SHALL ALSO BE UNLAWFUL FOR ANY ELIGIBLE
24 ORGANIZATION TO LEASE UNDER ANY TERMS A FACILITY OR BUILDING
25 WHICH IS USED EXCLUSIVELY FOR THE CONDUCTING OF SMALL GAMES OF
26 CHANCE.
27 (C) DISPLAY.--LICENSES ISSUED PURSUANT TO THIS SECTION SHALL
28 BE PUBLICLY DISPLAYED [ON THE PREMISES.] AT THE SITE OF THE
29 SMALL GAMES OF CHANCE.
30 (D) OPERATION.--EACH LICENSED [CLUB] ELIGIBLE ORGANIZATION
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1 SHALL COMPLY WITH THE FOLLOWING RESTRICTIONS AND RULES GOVERNING
2 THE OPERATION OF GAMES OF CHANCE:
3 (1) NO PERSON UNDER 18 YEARS OF AGE[, OR IN THE CASE OF
4 A CLUB HOLDING A LIQUOR LICENSE, 21 YEARS OF AGE,] SHALL BE
5 PERMITTED TO OPERATE OR PLAY GAMES OF CHANCE.
6 (2) NO [CLUB] ELIGIBLE ORGANIZATION SHALL PERMIT ANY
7 PERSON WHO HAS BEEN CONVICTED OF A FELONY [OR] IN A FEDERAL
8 OR STATE COURT WITHIN THE PAST FIVE YEARS OR HAS BEEN
9 CONVICTED IN A FEDERAL OR STATE COURT WITHIN THE PAST TEN
10 YEARS OF A VIOLATION OF THE ACT OF JULY 10, 1981 (P.L.214,
11 NO.67), KNOWN AS THE BINGO LAW, OR OF THIS ACT TO MANAGE, SET
12 UP, SUPERVISE OR PARTICIPATE IN THE OPERATION OF GAMES OF
13 CHANCE.
14 (3) NO [CLUB] ELIGIBLE ORGANIZATION SHALL PAY ANY
15 COMPENSATION TO ANY PERSON FOR CONDUCTING ANY GAMES OF
16 CHANCE. GAMES OF CHANCE MAY ONLY BE CONDUCTED BY CLUB
17 MANAGERS, OFFICERS, DIRECTORS, BAR PERSONNEL AND [PERSONS WHO
18 HAVE BEEN] BONA FIDE MEMBERS OF THE CLUB [FOR AT LEAST ONE
19 YEAR].
20 (4) GAMES SHALL BE CONDUCTED ONLY ON THE LICENSED
21 PREMISES[, EXCEPT THAT RAFFLE TICKETS MAY BE SOLD AT OTHER
22 LOCATIONS FOR DRAWINGS TO BE HELD NO MORE FREQUENTLY THAN
23 ONCE A CALENDAR MONTH.] OR AS OTHERWISE PROVIDED BY THIS ACT.
24 (5) THE [CLUB SHALL OWN THE PREMISES UPON WHICH GAMES OF
25 CHANCE ARE PLAYED OR SHALL] ELIGIBLE ORGANIZATION SHALL NOT
26 LEASE SUCH PREMISES UNDER EITHER AN ORAL OR A WRITTEN
27 AGREEMENT FOR A RENTAL WHICH IS [NOT] DETERMINED BY EITHER
28 THE AMOUNT OF RECEIPTS REALIZED FROM THE PLAYING OF GAMES OF
29 CHANCE [NOR] OR THE NUMBER OF PEOPLE ATTENDING, EXCEPT THAT
30 AN ELIGIBLE ORGANIZATION MAY LEASE A FACILITY FOR A BANQUET
19890S1140B2076 - 16 -
1 WHERE A PER HEAD CHARGE IS APPLIED IN CONNECTION WITH THE
2 SERVING OF A MEAL. [A CLUB] AN ELIGIBLE ORGANIZATION SHALL
3 NOT LEASE SUCH PREMISES FROM ANY PERSON WHO HAS BEEN
4 CONVICTED OF A VIOLATION OF THIS ACT WITHIN THE PAST TEN
5 YEARS.
6 (6) GAMES, OTHER THAN RAFFLES AND DAILY DRAWINGS, SHALL
7 BE PURCHASED ONLY FROM MANUFACTURERS AND DISTRIBUTORS
8 APPROVED BY THE DEPARTMENT.
9 (7) [NO LOCATION OR LICENSED PREMISES MAY BE USED BY
10 MORE THAN ONE LICENSED CLUB FOR THE CONDUCTING OF GAMES OF
11 CHANCE.] NO LICENSED ELIGIBLE ORGANIZATION SHALL PERMIT ITS
12 PREMISES TO BE USED FOR SMALL GAMES OF CHANCE BY ANOTHER
13 LICENSED ELIGIBLE ORGANIZATION AT THE SAME TIME THAT IT IS
14 CONDUCTING SMALL GAMES OF CHANCE ON THE PREMISES. WHEN A
15 LICENSED ELIGIBLE ORGANIZATION IS PERMITTING ANOTHER LICENSED
16 ELIGIBLE ORGANIZATION TO USE ITS PREMISES FOR PURPOSES OF
17 SMALL GAMES OF CHANCE, IT MUST CEASE THE OPERATION OF ITS OWN
18 SMALL GAMES OF CHANCE DURING THE PERIOD THAT THE OTHER
19 LICENSED ELIGIBLE ORGANIZATION IS CONDUCTING ITS GAMES ON THE
20 PREMISES.
21 (8) RAFFLE TICKETS MAY BE SOLD OFF THE LICENSED PREMISE
22 IN ANY MUNICIPALITY IN THIS COMMONWEALTH WHICH HAS ADOPTED
23 THE PROVISIONS OF THIS ACT BY AN AFFIRMATIVE VOTE IN A
24 MUNICIPAL REFERENDUM. A LICENSED ELIGIBLE ORGANIZATION WHICH
25 PLANS TO SELL RAFFLE TICKETS IN A MUNICIPALITY LOCATED IN A
26 COUNTY OTHER THAN THE COUNTY IN WHICH THE ELIGIBLE
27 ORGANIZATION IS LICENSED MUST NOTIFY THAT COUNTY'S DISTRICT
28 ATTORNEY AND LICENSING AUTHORITY AS TO THE LOCATION AND THE
29 DATES THAT THE ELIGIBLE ORGANIZATION PLANS TO SELL RAFFLE
30 TICKETS.
19890S1140B2076 - 17 -
1 (E) APPLICATION FOR LICENSE.--EACH [CLUB] ELIGIBLE
2 ORGANIZATION SHALL APPLY TO THE LICENSING AUTHORITY FOR A
3 LICENSE ON A FORM TO BE PRESCRIBED BY THE SECRETARY OF REVENUE.
4 THE FORM SHALL CONTAIN AN AFFIDAVIT TO BE AFFIRMED BY THE
5 EXECUTIVE OFFICER OR SECRETARY OF THE [CLUB] ELIGIBLE
6 ORGANIZATION STATING THAT:
7 (1) NO PERSON UNDER 18 YEARS OF AGE[, OR IN THE CASE OF
8 A CLUB HOLDING A LIQUOR LICENSE, 21 YEARS OF AGE,] WILL BE
9 PERMITTED BY THE [CLUB] ELIGIBLE ORGANIZATION TO OPERATE OR
10 PLAY GAMES OF CHANCE.
11 (2) THE FACILITY IN WHICH THE GAMES OF CHANCE ARE TO BE
12 PLAYED HAS ADEQUATE MEANS OF INGRESS AND EGRESS AND ADEQUATE
13 SANITARY FACILITIES AVAILABLE IN THE AREA.
14 (3) THE [CLUB IS THE OWNER OF THE PREMISES UPON WHICH
15 THE GAMES OF CHANCE ARE PLAYED OR, IF IT IS NOT, THAT THE
16 CLUB] ELIGIBLE ORGANIZATION IS NOT LEASING SUCH PREMISES FROM
17 THE OWNER THEREOF UNDER AN ORAL AGREEMENT, NOR IS IT LEASING
18 SUCH PREMISES FROM THE OWNER THEREOF UNDER A WRITTEN
19 AGREEMENT AT A RENTAL WHICH IS DETERMINED BY THE AMOUNT OF
20 RECEIPTS REALIZED FROM THE PLAYING OF GAMES OF CHANCE OR BY
21 THE NUMBER OF PEOPLE ATTENDING, EXCEPT THAT AN ELIGIBLE
22 ORGANIZATION MAY LEASE A FACILITY FOR A BANQUET WHERE A PER
23 HEAD CHARGE IS APPLIED IN CONNECTION WITH THE SERVING OF A
24 MEAL.
25 (F) LIST OF LICENSEES.--THE LICENSING AUTHORITY, ON A
26 SEMIANNUAL BASIS, SHALL SEND A COPY OF ALL LICENSEES TO THE
27 DEPARTMENT OF REVENUE.
28 (G) LIST OF MUNICIPALITIES.--THE LICENSING AUTHORITY SHALL
29 INCLUDE WITH ANY LICENSE OR RENEWAL ISSUED TO AN ELIGIBLE
30 ORGANIZATION, AN UP-TO-DATE LISTING OF THOSE MUNICIPALITIES
19890S1140B2076 - 18 -
1 WITHIN THE LICENSING COUNTY WHICH HAVE APPROVED THE REFERENDUM
2 QUESTION ON SMALL GAMES OF CHANCE.
3 SECTION 11. SPECIAL PERMITS.
4 (A) ISSUANCE AND FEE.--THE LICENSING AUTHORITY SHALL ISSUE A
5 SPECIAL PERMIT FOR EACH RAFFLE IN WHICH THE LICENSEE PROPOSES TO
6 AWARD INDIVIDUAL PRIZES HAVING A CASH VALUE IN EXCESS OF $500.
7 THE LICENSING AUTHORITY MAY ESTABLISH AND COLLECT A FEE NOT TO
8 EXCEED $25 FOR THE ISSUANCE OF SPECIAL PERMITS UNDER THIS
9 SECTION.
10 (B) PERMIT APPLICATION.--EACH SPECIAL PERMIT APPLICATION
11 SHALL SPECIFY THE LOCATION WHERE THE ACTUAL DRAWING WILL BE
12 HELD, THE NUMBER OF CHANCES TO BE SOLD, THE PRICE PER CHANCE AND
13 THE CASH VALUE OF THE PRIZE OR PRIZES TO BE AWARDED.
14 [(C) LOCATION.--NO LOCATION OR LICENSED PREMISES MAY BE USED
15 BY MORE THAN ONE LICENSED CLUB FOR A SPECIAL PERMIT RAFFLE IN A
16 CALENDAR YEAR.]
17 SECTION 12. REVOCATION OF LICENSES.
18 (A) GROUNDS.--THE LICENSING AUTHORITY SHALL REVOKE OR REFUSE
19 TO RENEW THE LICENSE OF ANY [CLUB] ELIGIBLE ORGANIZATION
20 WHENEVER THE DISTRICT ATTORNEY FINDS UPON COMPLAINT AND
21 INVESTIGATION THAT:
22 (1) ANY OF THE FUNDS DERIVED FROM THE OPERATION OF GAMES
23 OF CHANCE ARE USED FOR ANY PURPOSE OTHER THAN FOR [LEGITIMATE
24 CLUB] PUBLIC INTEREST PURPOSES OR FOR THE PURCHASE OF GAMES
25 OF CHANCE AS PERMITTED BY THIS ACT.
26 (2) ANY PERSON UNDER 18 YEARS OF AGE[, OR IN THE CASE OF
27 A CLUB HOLDING A LIQUOR LICENSE, A PERSON UNDER 21 YEARS OF
28 AGE,] IS OPERATING OR PLAYING GAMES OF CHANCE AS DEFINED IN
29 THIS ACT.
30 (3) THE [CLUB] ELIGIBLE ORGANIZATION HAS PERMITTED ANY
19890S1140B2076 - 19 -
1 PERSON WHO HAS BEEN CONVICTED OF A FELONY [OR] IN FEDERAL OR
2 STATE COURT WITHIN THE PAST FIVE YEARS OR HAS BEEN CONVICTED
3 IN A FEDERAL OR STATE COURT WITHIN THE PAST TEN YEARS OF A
4 VIOLATION OF THE ACT OF JULY 10, 1981 (P.L.214, NO.67), KNOWN
5 AS THE BINGO LAW, OR OF THIS ACT, TO MANAGE, SET UP,
6 SUPERVISE OR PARTICIPATE IN THE OPERATION OF GAMES OF CHANCE.
7 (4) THE FACILITY IN WHICH THE GAMES OF CHANCE ARE PLAYED
8 DOES NOT HAVE ADEQUATE MEANS OF INGRESS AND EGRESS AND DOES
9 NOT HAVE ADEQUATE SANITARY FACILITIES AVAILABLE IN THE AREA.
10 (5) ANY PERSON OR PERSONS OTHER THAN A MANAGER, OFFICER,
11 DIRECTOR, BAR PERSONNEL OR A BONA FIDE MEMBER OF [A CLUB] AN
12 ELIGIBLE ORGANIZATION HAVE BEEN INVOLVED IN MANAGING, SETTING
13 UP, OPERATING OR RUNNING GAMES OF CHANCE.
14 (6) ANY PERSON HAS RECEIVED COMPENSATION FOR CONDUCTING
15 GAMES OF CHANCE.
16 (7) ANY PRIZE HAS BEEN AWARDED IN EXCESS OF THE LIMITS
17 PERMITTED UNDER THIS ACT.
18 (8) THE [CLUB] ELIGIBLE ORGANIZATION HAS VIOLATED ANY
19 CONDITION OF A SPECIAL PERMIT ISSUED PURSUANT TO SECTION 11.
20 (9) THE [CLUB] ELIGIBLE ORGANIZATION CONDUCTS THE GAMES
21 OF CHANCE [UPON PREMISES WHICH IT DOES NOT OWN OR LEASE IN
22 ACCORDANCE WITH THIS ACT AND IS EITHER:] UNDER A LEASE WHICH
23 CALLS FOR:
24 (I) LEASING SUCH PREMISES FROM THE OWNER THEREOF
25 UNDER AN ORAL AGREEMENT; OR
26 (II) LEASING SUCH PREMISES FROM THE OWNER THEREOF
27 UNDER A WRITTEN AGREEMENT AT A RENTAL WHICH IS DETERMINED
28 BY THE AMOUNT OF RECEIPTS REALIZED FROM THE PLAYING OF
29 GAMES OF CHANCE.
30 (10) FALSE OR ERRONEOUS INFORMATION WAS PROVIDED IN THE
19890S1140B2076 - 20 -
1 ORIGINAL APPLICATION.
2 (11) [A CLUB] AN ELIGIBLE ORGANIZATION HAS BEEN
3 CONVICTED OF A VIOLATION OF THIS ACT AS EVIDENCED BY A
4 CERTIFIED RECORD OF THE CONVICTION.
5 [(12) THE CLUB HAS PERMITTED ANOTHER CLUB TO USE ITS
6 LICENSED PREMISES FOR THE CONDUCTING OF GAMES OF CHANCE.
7 (13) A CLUB HAS CONDUCTED MORE THAN ONE RAFFLE IN ANY
8 CALENDAR MONTH.]
9 (12) THE ELIGIBLE ORGANIZATION HAS PERMITTED ANOTHER
10 ELIGIBLE ORGANIZATION TO CONDUCT SMALL GAMES OF CHANCE ON ITS
11 LICENSED PREMISES WITHOUT SUSPENDING ITS OWN OPERATION OF
12 SMALL GAMES OF CHANCE DURING THE PERIOD THAT THE OTHER
13 LICENSED ELIGIBLE ORGANIZATION IS CONDUCTING ITS GAMES ON THE
14 PREMISES.
15 (B) PRODUCTION OF RECORDS.--THE DISTRICT ATTORNEY MAY
16 REQUIRE LICENSEES TO PRODUCE THEIR BOOKS, ACCOUNTS AND RECORDS
17 RELATING TO THE CONDUCT OF GAMES OF CHANCE IN ORDER TO DETERMINE
18 WHETHER A LICENSE SHOULD BE REVOKED OR RENEWAL THEREOF DENIED.
19 LICENSEES SHALL ALSO BE REQUIRED TO PRODUCE THEIR LICENSE,
20 BOOKS, ACCOUNTS AND RECORDS RELATING TO THE CONDUCT OF GAMES OF
21 CHANCE TO OTHER LAW ENFORCEMENT OFFICIALS UPON PROPER REQUEST.
22 SECTION 14. LOCAL OPTION.
23 (A) ELECTION TO BE HELD.--IN ANY MUNICIPALITY, AN ELECTION
24 MAY BE HELD ON THE DATE OF [THE] A PRIMARY ELECTION [IMMEDIATELY
25 PRECEDING ANY MUNICIPAL ELECTION, BUT NOT MORE THAN ONCE IN FOUR
26 YEARS,] TO DETERMINE THE WILL OF THE ELECTORS WITH RESPECT TO
27 THE ISSUANCE OF LICENSES WITHIN THE LIMITS OF SUCH MUNICIPALITY
28 UNDER THE PROVISIONS OF THIS ACT. [WHERE AN ELECTION SHALL HAVE
29 BEEN HELD AT THE PRIMARY ELECTION PRECEDING A MUNICIPAL ELECTION
30 IN ANY YEAR, ANOTHER ELECTION MAY BE HELD UNDER THE PROVISIONS
19890S1140B2076 - 21 -
1 OF THIS ACT AT THE PRIMARY ELECTION OCCURRING THE FOURTH YEAR
2 AFTER SUCH PRIOR ELECTION.] WHENEVER ELECTORS EQUAL TO AT LEAST
3 25% OF THE HIGHEST VOTE CAST FOR ANY OFFICE IN THE MUNICIPALITY
4 AT THE LAST PRECEDING GENERAL ELECTION SHALL FILE A PETITION
5 WITH THE COUNTY BOARD OF ELECTIONS OF THE COUNTY, OR THE
6 GOVERNING BODY OF THE MUNICIPALITY ADOPTS, BY A MAJORITY VOTE, A
7 RESOLUTION TO PLACE SUCH A QUESTION ON THE BALLOT AND A COPY OF
8 THE RESOLUTION IS FILED WITH THE BOARD OF ELECTIONS OF THE
9 COUNTY, FOR A REFERENDUM ON THE QUESTION OF ISSUING LICENSES,
10 THE COUNTY BOARD OF ELECTIONS SHALL CAUSE A QUESTION TO BE
11 PLACED ON THE BALLOT OR ON THE VOTING MACHINE BOARD AND
12 SUBMITTED AT [THE] A PRIMARY ELECTION [IMMEDIATELY PRECEDING THE
13 MUNICIPAL ELECTION]. THE QUESTION SHALL BE IN THE FOLLOWING
14 FORM:
15 DO YOU FAVOR THE ISSUANCE OF LICENSES
16 TO CONDUCT SMALL GAMES OF CHANCE IN THE
17 OF ?
18 (B) VOTE.--IF A MAJORITY OF THE ELECTORS VOTING ON THE
19 QUESTION VOTE "YES," THEN LICENSES SHALL BE ISSUED BY THE
20 LICENSING AUTHORITY IN SUCH MUNICIPALITY, BUT IF A MAJORITY OF
21 THE ELECTORS VOTING ON ANY SUCH QUESTION VOTE "NO," THEN THE
22 LICENSING AUTHORITY SHALL HAVE NO POWER TO ISSUE OR TO RENEW,
23 UPON THEIR EXPIRATION, ANY LICENSES IN SUCH MUNICIPALITY, UNLESS
24 AND UNTIL, AT A LATER ELECTION, A MAJORITY OF THE VOTING
25 ELECTORS VOTE "YES" ON SUCH QUESTION.
26 (C) VOTING PROCEEDINGS.--PROCEEDINGS UNDER THIS SECTION
27 SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF THE ACT OF JUNE 3,
28 1937 (P.L.1333, NO.320), KNOWN AS THE PENNSYLVANIA ELECTION
29 CODE.
30 (D) APPLICABILITY.--THIS ACT APPLIES ONLY TO THOSE [CLUBS]
19890S1140B2076 - 22 -
1 ELIGIBLE ORGANIZATIONS LOCATED IN MUNICIPALITIES WHICH HAVE
2 ADOPTED THE PROVISIONS OF THIS ACT BY AN AFFIRMATIVE VOTE IN A
3 MUNICIPAL REFERENDUM IN ACCORDANCE WITH THE PROVISIONS OF THIS
4 SECTION.
5 (E) WITHDRAWAL OF APPROVAL.--THE REFERENDUM PROCEDURE
6 CONTAINED IN THIS SECTION SHALL ALSO BE AVAILABLE TO WITHDRAW
7 THE APPROVAL OF THE ISSUANCE OF SUCH LICENSES WITHIN SUCH
8 MUNICIPALITY WHICH WAS GRANTED THROUGH A PRIOR REFERENDUM.
9 SECTION 15. ADVERTISING.
10 IT SHALL BE UNLAWFUL FOR ANY [CLUB] ELIGIBLE ORGANIZATION OR
11 PERSON TO ADVERTISE THE PRIZES OR THEIR DOLLAR VALUE TO BE
12 AWARDED IN GAMES OF CHANCE, PROVIDED THAT PRIZES MAY BE
13 IDENTIFIED ON RAFFLE TICKETS. NOTWITHSTANDING THE PROHIBITION OF
14 ADVERTISING CONTAINED WITHIN THIS SECTION, AN ELIGIBLE
15 ORGANIZATION MAY ADVERTISE PRIZES AND VALUES THEREOF IN PERIODIC
16 PUBLICATIONS WHICH ARE LIMITED IN THEIR CIRCULATION TO MEMBERS
17 OF THE ELIGIBLE ORGANIZATION.
18 SECTION 17. PENALTIES.
19 (A) [SUMMARY OFFENSE.--ANY CLUB] ELIGIBLE ORGANIZATIONS.--
20 ANY ELIGIBLE ORGANIZATION VIOLATING THE PROVISIONS OF THIS ACT
21 SHALL BE GUILTY OF A SUMMARY OFFENSE AND, UPON CONVICTION
22 THEREOF, SHALL BE SENTENCED TO PAY A FINE NOT EXCEEDING $1,000
23 AND SHALL FOR A FIRST OFFENSE, FORFEIT [ANY] THE LICENSE TO
24 CONDUCT GAMES OF CHANCE ISSUED TO THE [CLUB, AND IT SHALL BE
25 INELIGIBLE FOR A LICENSE RENEWAL FOR 30 MONTHS THEREAFTER.]
26 ELIGIBLE ORGANIZATION FOR THE REMAINDER OF THE LICENSING PERIOD
27 OR SIX MONTHS, WHICHEVER IS LONGER. FOR A SECOND OFFENSE,
28 FORFEIT THE LICENSE ISSUED TO THE ELIGIBLE ORGANIZATION FOR THE
29 REMAINDER OF THE CURRENT LICENSING PERIOD AND BE INELIGIBLE TO
30 BE LICENSED FOR THE FOLLOWING LICENSING PERIOD. FOR A THIRD OR
19890S1140B2076 - 23 -
1 SUBSEQUENT OFFENSE, FORFEIT THE LICENSE ISSUED TO THE ELIGIBLE
2 ORGANIZATION AND BE INELIGIBLE FOR A LICENSE RENEWAL FOR 30
3 MONTHS THEREAFTER.
4 (B) [MISDEMEANOR] INDIVIDUALS.--ANY PERSON WHO CONDUCTS OR
5 ASSISTS IN THE CONDUCTING OF GAMES OF CHANCE IN VIOLATION OF THE
6 PROVISIONS OF THIS ACT IS GUILTY OF A [MISDEMEANOR OF THE FIRST
7 DEGREE.] SUMMARY OFFENSE FOR A FIRST VIOLATION. A SECOND
8 VIOLATION OF THIS ACT SHALL BE PUNISHABLE AS A MISDEMEANOR OF
9 THE THIRD DEGREE. A THIRD OR SUBSEQUENT VIOLATION SHALL BE
10 PUNISHABLE AS A MISDEMEANOR OF THE FIRST DEGREE.
11 * * *
12 SECTION 2. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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