HOUSE AMENDED
PRIOR PRINTER'S NOS. 80, 2496 PRINTER'S NO. 2528
No. 75 Session of 1987
INTRODUCED BY HOLL, JANUARY 15, 1987
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 21, 1988
AN ACT
1 Amending the act of March 4, 1971 (P.L.6, No.2), entitled "An <--
2 act relating to tax reform and State taxation by codifying
3 and enumerating certain subjects of taxation and imposing
4 taxes thereon; providing procedures for the payment,
5 collection, administration and enforcement thereof; providing
6 for tax credits in certain cases; conferring powers and
7 imposing duties upon the Department of Revenue, certain
8 employers, fiduciaries, individuals, persons, corporations
9 and other entities; prescribing crimes, offenses and
10 penalties," providing that no tax shall be imposed on sales
11 by volunteer firemen's, ambulance or rescue organizations.
12 PROVIDING FOR THE LICENSING OF CLUBS TO CONDUCT GAMES OF CHANCE, <--
13 FOR THE LICENSING OF PERSONS TO DISTRIBUTE GAMES OF CHANCE,
14 FOR THE REGISTRATION OF MANUFACTURERS OF GAMES OF CHANCE, AND
15 FOR SUSPENSIONS AND REVOCATIONS OF LICENSES AND PERMITS;
16 REQUIRING RECORDS; PROVIDING FOR LOCAL REFERENDUM BY
17 ELECTORATE; AND PRESCRIBING PENALTIES.
18 TABLE OF CONTENTS
19 SECTION 1. SHORT TITLE.
20 SECTION 2. DEFINITIONS. <--
21 SECTION 3. GAMES OF CHANCE PERMITTED.
22 SECTION 4. PRIZE LIMITS.
23 SECTION 5. SALES LIMITED.
24 SECTION 6. DISTRIBUTOR LICENSES.
1 SECTION 7. REGISTRATION OF MANUFACTURERS.
2 SECTION 8. REGULATIONS OF DEPARTMENT.
3 SECTION 9. LICENSING OF CLUBS TO CONDUCT GAMES OF CHANCE.
4 SECTION 10. SPECIAL PERMITS.
5 SECTION 11. REVOCATION OF LICENSES.
6 SECTION 12. ENFORCEMENT.
7 SECTION 13. LOCAL OPTION.
8 SECTION 14. ADVERTISING.
9 SECTION 15. CERTAIN PERSONS PROHIBITED.
10 SECTION 16. PENALTIES.
11 SECTION 17. EFFECTIVE DATE.
12 SECTION 2. LEGISLATIVE INTENT. <--
13 SECTION 3. DEFINITIONS.
14 SECTION 4. GAMES OF CHANCE PERMITTED.
15 SECTION 5. PRIZE LIMITS.
16 SECTION 6. SALES LIMITED.
17 SECTION 7. DISTRIBUTOR LICENSES.
18 SECTION 8. REGISTRATION OF MANUFACTURERS.
19 SECTION 9. REGULATIONS OF DEPARTMENT.
20 SECTION 10. LICENSING OF CLUBS TO CONDUCT GAMES OF CHANCE.
21 SECTION 11. SPECIAL PERMITS.
22 SECTION 12. REVOCATION OF LICENSES.
23 SECTION 13. ENFORCEMENT.
24 SECTION 14. LOCAL OPTION.
25 SECTION 15. ADVERTISING.
26 SECTION 16. CERTAIN PERSONS PROHIBITED.
27 SECTION 17. PENALTIES.
28 SECTION 18. EFFECTIVE DATE.
29 The General Assembly of the Commonwealth of Pennsylvania
30 hereby enacts as follows:
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1 Section 1. Section 204(1) of the act of March 4, 1971 <--
2 (P.L.6, No.2), known as the Tax Reform Code of 1971, is amended
3 to read:
4 Section 204. Exclusions from Tax.--The tax imposed by
5 section 202 shall not be imposed upon
6 (1) The sale at retail or use of tangible personal property
7 (other than motor vehicles, trailers, semi-trailers, motor
8 boats, aircraft or other similar tangible personal property
9 required under either Federal law or laws of this Commonwealth
10 to be registered or licensed) or services sold by or purchased
11 from a person not a vendor in an isolated transaction or sold by
12 or purchased from a person who is a vendor but is not a vendor
13 with respect to the tangible personal property or services sold
14 or purchased in such transaction: Provided, That inventory and
15 stock in trade so sold or purchased, shall not be excluded from
16 the tax by the provisions of this subsection. Isolated
17 transactions include sales of tangible personal property or
18 services by volunteer firemen's, ambulance or rescue
19 organizations without limitation as to the number of times or
20 number of days the sales or series of sales are conducted.
21 * * *
22 Section 2. This act shall take effect immediately.
23 SECTION 1. SHORT TITLE. <--
24 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE LOCAL OPTION
25 SMALL GAMES OF CHANCE ACT.
26 SECTION 2. LEGISLATIVE INTENT. <--
27 THE GENERAL ASSEMBLY HEREBY DECLARES THAT THE PLAYING OF
28 SMALL GAMES OF CHANCE FOR THE PURPOSE OF RAISING FUNDS, BY
29 CERTAIN NONPROFIT ASSOCIATIONS, FOR THE PROMOTION OF CHARITABLE
30 OR CIVIC PURPOSES, IS IN THE PUBLIC INTEREST.
19870S0075B2528 - 3 -
1 IT IS HEREBY DECLARED TO BE THE POLICY OF THE GENERAL
2 ASSEMBLY THAT ALL PHASES OF LICENSING, OPERATION AND REGULATION
3 OF SMALL GAMES OF CHANCE BE STRICTLY CONTROLLED, AND THAT ALL
4 LAWS AND REGULATIONS WITH RESPECT THERETO AS WELL AS ALL
5 GAMBLING LAWS SHOULD BE STRICTLY CONSTRUED AND RIGIDLY ENFORCED.
6 THE GENERAL ASSEMBLY RECOGNIZES THE POSSIBILITY OF
7 ASSOCIATION BETWEEN COMMERCIAL GAMBLING AND ORGANIZED CRIME, AND
8 WISHES TO DISCOURAGE COMMERCIALIZATION OF SMALL GAMES OF CHANCE;
9 PREVENT PARTICIPATION BY ORGANIZED CRIME AND PREVENT THE
10 DIVERSION OF FUNDS FROM THE PURPOSES HEREIN AUTHORIZED.
11 SECTION 2 3. DEFINITIONS. <--
12 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
13 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
14 CONTEXT CLEARLY INDICATES OTHERWISE:
15 "BONA FIDE CLUB MEMBER." ANY INDIVIDUAL WHO HOLDS A FULL
16 MEMBERSHIP IN THE CLUB AS DEFINED BY THE CLUB'S CONSTITUTION,
17 CHARTER, ARTICLES OF INCORPORATION OR BYLAWS.
18 "CHARITABLE ORGANIZATION." A NOT-FOR-PROFIT GROUP OR BODY OF
19 PERSONS WHICH IS CREATED AND EXISTS FOR THE PURPOSE OF
20 PERFORMING A HUMANE SERVICE; PROMOTING THE GOOD AND WELFARE OF
21 THE AGED, POOR, INFIRM OR DISTRESSED; COMBATING JUVENILE
22 DELINQUENCY; OR ADVANCING THE SPIRITUAL, MENTAL, SOCIAL AND
23 PHYSICAL IMPROVEMENT OF YOUNG MEN AND WOMEN.
24 "CLUB." AN INCORPORATED UNIT OF A NATIONAL VETERANS'
25 ORGANIZATION, AS DEFINED IN SECTION 461.1 OF THE ACT OF APRIL
26 12, 1951 (P.L.90, NO.21), KNOWN AS THE LIQUOR CODE, AND LICENSED
27 TO SELL LIQUOR AT RETAIL UNDER THE ACT; OR A CLUB, AS DEFINED IN
28 SECTION 102 OF THE LIQUOR CODE, THAT QUALIFIES AS AN EXEMPT
29 ORGANIZATION UNDER SECTION 501(C) OR 527 OF THE INTERNAL REVENUE
30 CODE OF 1954 (68A STAT. 3, 26 U.S.C. § 501(C) OR 527) AND IS
19870S0075B2528 - 4 -
1 LICENSED TO SELL LIQUOR AT RETAIL AND HAS A CHARITABLE, <--
2 RELIGIOUS OR CIVIC PURPOSE OR IS ORGANIZED TO BENEFIT A
3 POLITICAL PARTY; OR AN ORGANIZED FRATERNAL SOCIETY CREATED AND
4 CARRIED ON FOR THE MUTUAL BENEFIT OF ITS MEMBERS, NOT-FOR-PROFIT
5 AND NOT ISSUING CAPITAL STOCK, HAVING A LIMITED MEMBERSHIP AND A
6 REPRESENTATIVE FORM OF GOVERNMENT AND LICENSED TO SELL LIQUOR AT
7 RETAIL UNDER THE LIQUOR CODE; OR A NOT-FOR-PROFIT RELIGIOUS OR
8 CHARITABLE ORGANIZATION CONDUCTING BUSINESS IN ACCORDANCE WITH
9 THE EXPRESS PURPOSE OF A WRITTEN CONSTITUTION, CHARTER, ARTICLES
10 OF INCORPORATION OR BYLAWS. THE TERM "CLUB" SHALL ALSO INCLUDE
11 ANY VOLUNTEER FIRE COMPANY, VOLUNTEER RESCUE SQUAD OR VOLUNTEER
12 AMBULANCE ASSOCIATION. EACH CLUB SHALL HAVE BEEN IN EXISTENCE
13 AND FULFILLING ITS PURPOSES FOR TWO YEARS PRIOR TO THE DATE OF
14 APPLICATION FOR A LICENSE.
15 "DEPARTMENT." THE DEPARTMENT OF REVENUE OF THE COMMONWEALTH.
16 "GAMES OF CHANCE." PUNCHBOARDS, LOTTERIES, RAFFLES AND PULL-
17 TABS, AS DEFINED IN THIS ACT, PROVIDED THAT NO SUCH GAME SHALL
18 BE PLAYED BY OR WITH THE ASSISTANCE OF ANY MECHANICAL OR
19 ELECTRICAL DEVICES OR MEDIA AND FURTHER PROVIDED THAT THE
20 PARTICULAR CHANCE TAKEN BY ANY PERSON IN ANY SUCH GAME SHALL NOT
21 BE MADE CONTINGENT UPON ANY OTHER OCCURRENCE OR THE WINNING OF
22 ANY OTHER CONTEST, BUT SHALL BE DETERMINED SOLELY AT THE
23 DISCRETION OF THE PURCHASER. THIS DEFINITION SHALL NOT BE
24 CONSTRUED TO AUTHORIZE ANY OTHER FORM OF GAMBLING CURRENTLY
25 PROHIBITED UNDER ANY PROVISION OF TITLE 18 OF THE PENNSYLVANIA
26 CONSOLIDATED STATUTES (RELATING TO CRIMES AND OFFENSES). NOTHING
27 IN THIS ACT SHALL BE CONSTRUED TO AUTHORIZE GAMES COMMONLY KNOWN
28 AS "SLOT MACHINES" OR "VIDEO POKER."
29 "LAW ENFORCEMENT OFFICIAL." A MUNICIPAL POLICE OFFICER, A
30 MEMBER OF THE PENNSYLVANIA STATE POLICE, THE SHERIFF OF A COUNTY
19870S0075B2528 - 5 -
1 OR A DEPUTY SHERIFF.
2 "LEGITIMATE CLUB PURPOSES." ONE OR MORE OF THE FOLLOWING:
3 (1) BENEFITING PERSONS BY ENHANCING THEIR OPPORTUNITY
4 FOR RELIGIOUS OR EDUCATION ADVANCEMENT, BY RELIEVING OR
5 PROTECTING THEM FROM DISEASE, SUFFERING OR DISTRESS, BY
6 CONTRIBUTING TO THEIR PHYSICAL, EMOTIONAL OR SOCIAL WELL-
7 BEING, BY ASSISTING THEM IN ESTABLISHING THEMSELVES IN LIFE
8 AS WORTHY AND USEFUL CITIZENS, OR BY INCREASING THEIR
9 COMPREHENSION OF AND DEVOTION TO THE PRINCIPLES UPON WHICH
10 THIS NATION WAS FOUNDED.
11 (2) INITIATING, PERFORMING, OR FOSTERING WORTHY PUBLIC
12 WORKS OR ENABLING OR FURTHERING THE ERECTION OR MAINTENANCE
13 OF PUBLIC STRUCTURES.
14 (3) LESSENING THE BURDENS BORNE BY GOVERNMENT OR
15 VOLUNTARILY SUPPORTING, AUGMENTING OR SUPPLEMENTING SERVICES
16 WHICH GOVERNMENT WOULD NORMALLY RENDER TO THE PEOPLE.
17 (4) THE IMPROVING, EXPANDING, MAINTAINING OR REPAIRING <--
18 REAL PROPERTY OWNED OR LEASED BY A CLUB.
19 THE TERM DOES NOT INCLUDE THE ERECTION OR ACQUISITION OF ANY
20 REAL PROPERTY, UNLESS THE PROPERTY WILL BE USED EXCLUSIVELY FOR
21 ONE OR MORE OF THE PURPOSES SPECIFIED IN THIS DEFINITION.
22 (4) IMPROVING, EXPANDING, MAINTAINING OR REPAIRING REAL <--
23 PROPERTY OWNED OR LEASED BY A CLUB AND USED FOR PURPOSES
24 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 "LICENSING AUTHORITY." THE COUNTY TREASURER, OR IN ANY HOME
29 RULE COUNTY OR CITY OF THE FIRST CLASS, WHERE THERE IS NO
30 ELECTED TREASURER, THE DESIGNEE OF THE GOVERNING AUTHORITY.
19870S0075B2528 - 6 -
1 "LOTTERY." A GAME IN WHICH A BONA FIDE CLUB MEMBER OR GUEST
2 SELECTS A NUMBER FOR A CHANCE AT A PRIZE WITH THE WINNER
3 DETERMINED BY A RANDOM DRAWING TO TAKE PLACE ON THE LICENSED
4 PREMISES. THE TERM INCLUDES GAMES COMMONLY KNOWN AS "MEMBER
5 SIGN-IN LOTTERIES" AND "HALF-AND-HALF LOTTERIES." NOTHING IN
6 THIS ACT SHALL BE CONSTRUED TO PERMIT LOTTERIES ANY PART OF
7 WHICH ARE CONDUCTED AT LOCATIONS OTHER THAN THE LICENSED
8 PREMISES, NOR SHALL THE TERM "LOTTERY" INCLUDE ANY GAME OR
9 CONTEST IN WHICH THE WINNING NUMBER IS DETERMINED BY ANY OTHER
10 DRAWING OR EVENT, EXCEPT THAT WINNING NUMBERS MAY BE DETERMINED
11 BY REFERENCE TO DRAWINGS CONDUCTED BY THE DEPARTMENT PURSUANT TO
12 THE ACT OF AUGUST 26, 1971 (P.L.351, NO.91), KNOWN AS THE STATE
13 LOTTERY LAW.
14 "PULL-TAB." A SINGLE FOLDED OR BANDED TICKET OR A STRIP
15 TICKET OR CARD WITH A FACE COVERED TO CONCEAL ONE OR MORE
16 NUMBERS OR SYMBOLS, WHERE ONE OR MORE OF EACH SET OF TICKETS OR
17 CARDS HAS BEEN DESIGNATED IN ADVANCE AS A WINNER. "PULL-TAB"
18 ALSO INCLUDES A TICKET SOLD IN A DEVICE KNOWN AS A TICKET JAR,
19 FISH BOWL OR STAMP MACHINE.
20 "PUNCHBOARD." A BOARD, PLACARD OR OTHER DEVICE MARKET MARKED <--
21 OFF IN A GRID OR COLUMNS, IN WHICH EACH SECTION CONTAINS A
22 HIDDEN NUMBER OR NUMBERS, OR OTHER SYMBOL, WHICH DETERMINES THE
23 WINNING CHANCES.
24 "RAFFLE." A GAME IN WHICH A PARTICIPANT BUYS A TICKET FOR A
25 CHANCE AT A PRIZE WITH THE WINNER DETERMINED BY A RANDOM DRAWING
26 OF CORRESPONDING TICKET STUBS TO TAKE PLACE AT A LOCATION AND
27 DATE PRINTED UPON EACH TICKET.
28 "RELIGIOUS ORGANIZATION." A NOT-FOR-PROFIT GROUP OR BODY OF
29 PERSONS WHICH IS CREATED AND WHICH EXISTS FOR THE PREDOMINANT
30 PURPOSE OF REGULARLY HOLDING OR CONDUCTING RELIGIOUS ACTIVITIES
19870S0075B2528 - 7 -
1 OR RELIGIOUS EDUCATION, WITHOUT PECUNIARY BENEFIT TO ANY
2 OFFICER, MEMBER OR SHAREHOLDER EXCEPT AS REASONABLE COMPENSATION
3 FOR ACTUAL SERVICES RENDERED TO THE ORGANIZATION.
4 SECTION 3 4. GAMES OF CHANCE PERMITTED. <--
5 EVERY CLUB TO WHICH A LICENSE HAS BEEN ISSUED UNDER THE
6 PROVISIONS OF THIS ACT MAY CONDUCT GAMES OF CHANCE FOR THE
7 PURPOSE OF RAISING FUNDS FOR LEGITIMATE CLUB PURPOSES. ALL
8 PROCEEDS OF GAMES OF CHANCE SHALL BE USED EXCLUSIVELY FOR
9 LEGITIMATE CLUB PURPOSES OR FOR THE PURCHASE OF GAMES OF CHANCE
10 AS PERMITTED BY THIS ACT.
11 SECTION 4 5. PRIZE LIMITS. <--
12 (A) INDIVIDUAL PRIZE LIMIT.--THE MAXIMUM CASH VALUE WHICH
13 MAY BE AWARDED FOR ANY SINGLE CHANCE SHALL BE $500.
14 (B) WEEKLY LIMIT.--NO MORE THAN $5,000 IN CASH OR
15 MERCHANDISE SHALL BE AWARDED BY ANY CLUB IN ANY SEVEN-DAY
16 PERIOD.
17 (C) LIMIT ON RAFFLES.--NO MORE THAN $5,000 IN CASH OR <--
18 MERCHANDISE SHALL BE AWARDED IN RAFFLES IN ANY CALENDAR MONTH.
19 (C) (D) EXCEPTION.--A CLUB MAY CONDUCT A RAFFLE AND AWARD A <--
20 PRIZE OR PRIZES VALUED IN EXCESS OF $500 EACH ONLY UNDER THE
21 FOLLOWING CONDITIONS:
22 (1) THE LICENSING AUTHORITY HAS ISSUED A SPECIAL PERMIT
23 FOR THE RAFFLE UNDER SECTION 10.
24 (2) NO CLUB SHALL BE ELIGIBLE TO RECEIVE MORE THAN TWO
25 SPECIAL PERMITS IN ANY CALENDAR YEAR.
26 (3) ONLY ONE RAFFLE MAY BE CONDUCTED UNDER EACH SPECIAL
27 PERMIT.
28 (4) THE TOTAL CASH VALUE OF ALL PRIZES SHALL BE NO MORE
29 THAN $25,000 FOR EACH RAFFLE.
30 SECTION 5 6. SALES LIMITED. <--
19870S0075B2528 - 8 -
1 NO PERSON SHALL SELL, OFFER FOR SALE OR FURNISH GAMES OF
2 CHANCE FOR USE WITHIN THIS COMMONWEALTH EXCEPT TO A CLUB OR
3 DISTRIBUTOR LICENSED UNDER THIS ACT. NO GAME OF CHANCE, OTHER
4 THAN A RAFFLE, SOLD, OFFERED FOR SALE OR FURNISHED FOR USE
5 WITHIN THIS COMMONWEALTH SHALL CONTAIN, PERMIT, DEPICT OR
6 DESIGNATE A PRIZE HAVING A CASH VALUE IN EXCESS OF $500.
7 SECTION 6 7. DISTRIBUTOR LICENSES. <--
8 (A) LICENSE REQUIRED.--NO PERSON SHALL SELL, OFFER FOR SALE
9 OR FURNISH GAMES OF CHANCE TO CLUBS LICENSED UNDER THIS ACT <--
10 UNLESS SUCH PERSON SHALL HAVE OBTAINED A DISTRIBUTOR LICENSE AS
11 PROVIDED IN THIS SECTION.
12 (B) APPLICATION.--AN APPLICANT FOR THE GRANT OR RENEWAL OF A
13 DISTRIBUTOR LICENSE ISSUED PURSUANT TO THIS SECTION SHALL
14 PROVIDE TO THE DEPARTMENT, UPON THE FORM PRESCRIBED, ALL OF THE
15 FOLLOWING:
16 (1) THE APPLICANT'S STATE SALES TAX NUMBER.
17 (2) THE APPLICANT'S STATE CORPORATE TAX NUMBER.
18 (3) THE APPLICANT'S STATE EMPLOYER WITHHOLDING TAX
19 NUMBER.
20 (4) THE APPLICANT'S UNEMPLOYMENT COMPENSATION ACCOUNT
21 NUMBER.
22 (5) A STATEMENT THAT:
23 (I) ALL STATE TAX REPORTS HAVE BEEN FILED AND ALL
24 STATE TAXES PAID;
25 (II) ALL STATE TAXES ARE SUBJECT TO A TIMELY
26 ADMINISTRATIVE OR JUDICIAL APPEAL; OR
27 (III) ALL STATE TAXES ARE SUBJECT TO A DULY APPROVED
28 DEFERRED PAYMENT PLAN.
29 (6) THE NAMES AND BUSINESS ADDRESSES OF ALL OWNERS,
30 OFFICERS, DIRECTORS, PARTNERS AND SALES PERSONNEL.
19870S0075B2528 - 9 -
1 (C) WAIVER OF CONFIDENTIALITY.--AN APPLICANT FOR THE GRANT
2 OR RENEWAL OF ANY LICENSE ISSUED PURSUANT TO THIS SECTION SHALL,
3 BY THE FILING OF AN APPLICATION INSOFAR AS IT RELATES TO THE
4 DEPARTMENT, WAIVE ANY CONFIDENTIALITY WITH RESPECT TO STATE TAX
5 INFORMATION IN THE POSSESSION OF THE DEPARTMENT, THE OFFICE OF
6 ATTORNEY GENERAL OR THE DEPARTMENT OF LABOR AND INDUSTRY
7 REGARDING THAT APPLICANT, REGARDLESS OF THE SOURCE OF THAT
8 INFORMATION AND SHALL CONSENT TO THE PROVIDING OF THAT
9 INFORMATION TO THE DEPARTMENT BY THE OFFICE OF ATTORNEY GENERAL
10 OR THE DEPARTMENT OF LABOR AND INDUSTRY.
11 (D) REVIEW OF TAX STATUS.--UPON RECEIPT OF ANY APPLICATION
12 FOR THE GRANT OR RENEWAL OF ANY LICENSE ISSUED PURSUANT TO THIS
13 SECTION, THE DEPARTMENT SHALL REVIEW THE STATE TAX STATUS OF THE
14 APPLICANT. THE DEPARTMENT SHALL REQUEST STATE TAX INFORMATION
15 REGARDING THE APPLICANT FROM THE OFFICE OF ATTORNEY GENERAL OR
16 THE DEPARTMENT OF LABOR AND INDUSTRY AND THAT INFORMATION SHALL
17 BE PROVIDED.
18 (E) LIMITATION ON APPROVAL.--THE DEPARTMENT SHALL NOT
19 APPROVE ANY APPLICATION FOR THE GRANT OR RENEWAL OF ANY LICENSE
20 ISSUED PURSUANT TO THIS SECTION WHERE THE APPLICANT HAS FAILED
21 TO:
22 (1) PROVIDE ANY OF THE INFORMATION REQUIRED BY
23 SUBSECTION (B);
24 (2) FILE REQUIRED STATE TAX REPORTS; OR
25 (3) PAY ANY STATE TAXES NOT SUBJECT TO A TIMELY
26 ADMINISTRATIVE OR JUDICIAL APPEAL OR SUBJECT TO A DULY
27 AUTHORIZED DEFERRED PAYMENT PLAN.
28 (F) RECORDS.--THE LICENSEE SHALL KEEP SUCH RECORDS, REPORTS
29 AND BOOKS AS THE DEPARTMENT SHALL PRESCRIBE. APPLICANTS SHALL BE
30 REQUIRED TO MAKE SUCH RECORDS, REPORTS AND BOOKS AVAILABLE AS
19870S0075B2528 - 10 -
1 REQUIRED BY THE DEPARTMENT PURSUANT TO REGULATION.
2 (G) INELIGIBILITY.--THE DEPARTMENT SHALL NOT ISSUE OR RENEW
3 A DISTRIBUTOR LICENSE FOR THE SALE OF GAMES OF CHANCE TO A <--
4 PERSON, INCLUDING ANY CORPORATION, FIRM OR PARTNERSHIP WHICH HAS
5 AS AN OFFICER, DIRECTOR OR OTHER PERSON IN A SUPERVISORY OR <--
6 MANAGEMENT POSITION, OR EMPLOYEE ELIGIBLE TO MAKE SALES ON
7 BEHALF OF THE DISTRIBUTOR, A PERSON WHO: <--
8 (1) HAS BEEN CONVICTED OF A FELONY IN A STATE OR FEDERAL
9 COURT WITHIN THE PAST FIVE YEARS; OR
10 (2) HAS BEEN CONVICTED WITHIN TEN YEARS OF THE DATE OF
11 APPLICATION IN A STATE OR FEDERAL COURT OF A VIOLATION OF THE
12 ACT OF JULY 10, 1981 (P.L.214, NO.67), KNOWN AS THE BINGO
13 LAW, OR OF THIS ACT OR OF A GAMBLING-RELATED OFFENSE UNDER
14 TITLE 18 OF THE PENNSYLVANIA CONSOLIDATED STATUTES (RELATING
15 TO CRIMES AND OFFENSES) OR OTHER COMPARABLE STATE OR FEDERAL
16 LAW.
17 (H) LICENSE AND RENEWAL FEES.--THE FEE FOR A DISTRIBUTOR
18 LICENSE SHALL BE $1,000. LICENSES SHALL BE RENEWABLE ON AN
19 ANNUAL BASIS.
20 (I) EXCEPTION.--THIS SECTION SHALL NOT APPLY TO THE
21 MANUFACTURE OR DISTRIBUTION OF RAFFLE TICKETS.
22 SECTION 7 8. REGISTRATION OF MANUFACTURERS. <--
23 (A) REGISTRATION REQUIRED.--NO MANUFACTURER OF GAMES OF
24 CHANCE SHALL SELL ANY GAMES OF CHANCE TO ANY PERSON UNLESS THE
25 MANUFACTURER HAS REGISTERED WITH THE DEPARTMENT AND HAS BEEN
26 ISSUED A CERTIFICATE OF REGISTRATION.
27 (B) ANNUAL CERTIFICATE; FEE.--A CERTIFICATE UNDER THIS
28 SECTION SHALL BE VALID FOR ONE YEAR. THE ANNUAL FEE FOR
29 REGISTRATION SHALL BE $2,000.
30 (C) PROHIBITED SALES.--A MANUFACTURER SHALL NOT SELL GAMES
19870S0075B2528 - 11 -
1 OF CHANCE TO ANY PERSON NOT LICENSED AS A DISTRIBUTOR UNLESS THE
2 MANUFACTURER IS ALSO A LICENSED DISTRIBUTOR.
3 (D) EXCEPTION.--THIS SECTION SHALL NOT APPLY TO THE
4 MANUFACTURE OR DISTRIBUTION OF RAFFLE TICKETS.
5 SECTION 8 9. REGULATIONS OF DEPARTMENT. <--
6 THE DEPARTMENT SHALL PROMULGATE REGULATIONS TO:
7 (1) IMPOSE MINIMUM STANDARDS AND RESTRICTIONS APPLICABLE
8 TO GAMES OF CHANCE MANUFACTURED FOR SALE IN THIS
9 COMMONWEALTH, WHICH MAY INCLUDE STANDARDS AND RESTRICTIONS
10 WHICH SPECIFY THE MAXIMUM NUMBER OF CHANCES AVAILABLE TO BE
11 SOLD FOR ANY SINGLE GAME OR PRIZE AND SUCH OTHER STANDARDS
12 AND RESTRICTIONS AS THE DEPARTMENT DEEMS NECESSARY FOR THE
13 PURPOSES OF THIS ACT. THE DEPARTMENT SHALL CONSIDER STANDARDS
14 ADOPTED BY THE NATIONAL ASSOCIATION OF GAMBLING REGULATORY
15 AGENCIES AND OTHER STANDARDS COMMONLY ACCEPTED IN THE
16 INDUSTRY.
17 (2) ESTABLISH PROCEDURES BY WHICH MANUFACTURERS MAY
18 REGISTER AND DISTRIBUTORS OF GAMES OF CHANCE MAY APPLY FOR
19 LICENSURE ON FORMS WHICH THE DEPARTMENT SHALL PROVIDE.
20 (3) PROVIDE FOR THE SUSPENSION OR REVOCATION OF
21 DISTRIBUTION LICENSES OR MANUFACTURER PERMITS CERTIFICATES <--
22 FOR VIOLATIONS OF THIS ACT OR REGULATIONS OF THE DEPARTMENT.
23 (4) CARRY OUT OTHER PROVISIONS OF THIS ACT.
24 SECTION 9 10. LICENSING OF CLUBS TO CONDUCT GAMES OF CHANCE. <--
25 (A) LICENSE REQUIRED.--NO CLUB SHALL CONDUCT OR OPERATE ANY
26 GAMES OF CHANCE UNLESS SUCH CLUB HAS OBTAINED AND MAINTAINS A
27 VALID LICENSE ISSUED PURSUANT TO THIS SECTION.
28 (B) ISSUANCE AND FEES.--THE LICENSING AUTHORITY SHALL
29 LICENSE, UPON APPLICATION, ANY CLUB MEETING THE REQUIREMENTS FOR
30 LICENSURE CONTAINED IN THIS ACT TO CONDUCT AND OPERATE GAMES OF
19870S0075B2528 - 12 -
1 CHANCE AT ONE LOCATION IN THE COUNTY. THE LICENSE FEE TO BE
2 CHARGED TO EACH CLUB SHALL BE $100. LICENSES SHALL BE RENEWABLE
3 ANNUALLY.
4 (C) DISPLAY.--LICENSES ISSUED PURSUANT TO THIS SECTION SHALL
5 BE PUBLICLY DISPLAYED ON THE PREMISES.
6 (D) OPERATION.--EACH LICENSED CLUB SHALL COMPLY WITH THE
7 FOLLOWING RESTRICTIONS AND RULES GOVERNING THE OPERATION OF
8 GAMES OF CHANCE:
9 (1) NO PERSON UNDER 18 YEARS OF AGE, OR IN THE CASE OF A
10 CLUB HOLDING A LIQUOR LICENSE, 21 YEARS OF AGE, SHALL BE
11 PERMITTED TO OPERATE OR PLAY GAMES OF CHANCE.
12 (2) NO CLUB SHALL PERMIT ANY PERSON WHO HAS BEEN
13 CONVICTED OF A FELONY OR A VIOLATION OF THE ACT OF JULY 10,
14 1981 (P.L.214, NO.67), KNOWN AS THE BINGO LAW, OR OF THIS ACT
15 TO MANAGE, SETUP SET UP, SUPERVISE OR PARTICIPATE IN THE <--
16 OPERATION OF GAMES OF CHANCE.
17 (3) NO CLUB SHALL PAY ANY COMPENSATION TO ANY PERSON FOR
18 CONDUCTING ANY GAMES OF CHANCE., EXCEPT AS PART OF THE SALARY <--
19 OR OTHER NORMAL COMPENSATION PAID TO CLUB MANAGERS, BAR
20 PERSONNEL, OFFICERS AND DIRECTORS. OTHER PERSONS MAY CONDUCT
21 GAMES OF CHANCE ONLY IF THEY ARE BONA FIDE MEMBERS OF THE
22 CLUB. GAMES OF CHANCE MAY ONLY BE CONDUCTED BY CLUB MANAGERS, <--
23 OFFICERS, DIRECTORS, BAR PERSONNEL AND PERSONS WHO HAVE BEEN
24 BONA FIDE MEMBERS OF THE CLUB FOR AT LEAST ONE YEAR.
25 (4) GAMES SHALL BE CONDUCTED ONLY ON THE LICENSED
26 PREMISES, EXCEPT THAT RAFFLES MAY BE CONDUCTED RAFFLE TICKETS <--
27 MAY BE SOLD AT OTHER LOCATIONS FOR DRAWINGS TO BE HELD NO <--
28 MORE FREQUENTLY THAN ONCE A CALENDAR MONTH.
29 (5) THE CLUB SHALL OWN THE PREMISES UPON WHICH GAMES OF
30 CHANCE ARE PLAYED OR SHALL LEASE SUCH PREMISES UNDER A
19870S0075B2528 - 13 -
1 WRITTEN AGREEMENT FOR A RENTAL WHICH IS NOT DETERMINED BY
2 EITHER THE AMOUNT OF RECEIPTS REALIZED FROM THE PLAYING OF
3 GAMES OF CHANCE NOR THE NUMBER OF PEOPLE ATTENDING. A CLUB
4 SHALL NOT LEASE SUCH PREMISES FROM ANY PERSON WHO HAS BEEN
5 CONVICTED OF A VIOLATION OF THIS ACT.
6 (6) GAMES, OTHER THAN RAFFLES, SHALL BE PURCHASED ONLY
7 FROM MANUFACTURERS AND DISTRIBUTORS APPROVED BY THE
8 DEPARTMENT.
9 (7) NO LOCATION OR LICENSED PREMISES MAY BE USED BY MORE <--
10 THAN ONE LICENSED CLUB FOR THE CONDUCTING OF GAMES OF CHANCE.
11 (E) APPLICATION FOR LICENSE.--EACH CLUB SHALL APPLY TO THE
12 LICENSING AUTHORITY FOR A LICENSE ON A FORM TO BE PRESCRIBED BY
13 THE SECRETARY OF REVENUE. THE FORM SHALL CONTAIN AN AFFIDAVIT TO
14 BE AFFIRMED BY THE EXECUTIVE OFFICER OR SECRETARY OF THE CLUB
15 STATING THAT:
16 (1) NO PERSON UNDER 18 YEARS OF AGE, OR IN THE CASE OF A
17 CLUB HOLDING A LIQUOR LICENSE, 21 YEARS OF AGE, WILL BE
18 PERMITTED BY THE CLUB TO OPERATE OR PLAY GAMES OF CHANCE.
19 (2) THE FACILITY IN WHICH THE GAMES OF CHANCE ARE TO BE
20 PLAYED HAS ADEQUATE MEANS OF INGRESS AND EGRESS AND ADEQUATE
21 SANITARY FACILITIES AVAILABLE IN THE AREA.
22 (3) THE CLUB IS THE OWNER OF THE PREMISES UPON WHICH THE
23 GAMES OF CHANCE ARE PLAYED OR, IF IT IS NOT, THAT THE CLUB IS
24 NOT LEASING SUCH PREMISES FROM THE OWNER THEREOF UNDER AN
25 ORAL AGREEMENT, NOR IS IT LEASING SUCH PREMISES FROM THE
26 OWNER THEREOF UNDER A WRITTEN AGREEMENT AT A RENTAL WHICH IS
27 DETERMINED BY THE AMOUNT OF RECEIPTS REALIZED FROM THE
28 PLAYING OF GAMES OF CHANCE OR BY THE NUMBER OF PEOPLE
29 ATTENDING.
30 (F) LIST OF LICENSEES.--THE LICENSING AUTHORITY, ON A <--
19870S0075B2528 - 14 -
1 SEMIANNUAL BASIS, SHALL SEND A COPY OF ALL LICENSEES TO THE
2 DEPARTMENT OF REVENUE.
3 SECTION 10 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 FOR THE
8 ISSUANCE OF SPECIAL PERMITS UNDER THIS SECTION.
9 (B) PERMIT APPLICATION.--EACH SPECIAL PERMIT APPLICATION
10 SHALL SPECIFY THE LOCATION OR LOCATIONS AT WHICH THE RAFFLE <--
11 WHERE THE ACTUAL DRAWING WILL BE HELD, THE NUMBER OF CHANCES TO <--
12 BE SOLD, THE PRICE PER CHANCE AND THE CASH VALUE OF THE PRIZE OR
13 PRIZES TO BE AWARDED.
14 (C) PERMITTED ACTIVITIES.--A CLUB ISSUED A SPECIAL PERMIT <--
15 UNDER THIS SECTION MAY CONDUCT THE RAFFLE AT THE LOCATION OR
16 LOCATIONS SPECIFIED IN THE PERMIT AND MAY USE RAFFLE TICKETS
17 OBTAINED FROM A SOURCE OTHER THAN A LICENSED DISTRIBUTOR.
18 (C) LOCATION.--NO LOCATION OR LICENSED PREMISES MAY BE USED <--
19 BY MORE THAN ONE LICENSED CLUB FOR A SPECIAL PERMIT RAFFLE IN A
20 CALENDAR YEAR.
21 SECTION 11 12. REVOCATION OF LICENSES. <--
22 (A) GROUNDS.--THE LICENSING AUTHORITY SHALL REVOKE OR REFUSE
23 TO RENEW THE LICENSE OF ANY CLUB WHENEVER THE DISTRICT ATTORNEY
24 FINDS UPON COMPLAINT AND INVESTIGATION THAT:
25 (1) ANY OF THE FUNDS DERIVED FROM THE OPERATION OF GAMES
26 OF CHANCE ARE USED FOR ANY PURPOSE OTHER THAN FOR LEGITIMATE
27 CLUB PURPOSES OR FOR THE PURCHASE OF GAMES OF CHANCE AS
28 PERMITTED BY THIS ACT.
29 (2) ANY PERSON UNDER 18 YEARS OF AGE, OR IN THE CASE OF
30 A CLUB HOLDING A LIQUOR LICENSE, A PERSON UNDER 21 YEARS OF
19870S0075B2528 - 15 -
1 AGE, IS OPERATING OR PLAYING GAMES OF CHANCE AS DEFINED IN
2 THIS ACT.
3 (3) THE CLUB HAS PERMITTED ANY PERSON WHO HAS BEEN
4 CONVICTED OF A FELONY OR A VIOLATION OF THE ACT OF JULY 10,
5 1981 (P.L.214, NO.67), KNOWN AS THE BINGO LAW, OR OF THIS
6 ACT, TO MANAGE, SET UP, SUPERVISE OR PARTICIPATE IN THE
7 OPERATION OF GAMES OF CHANCE.
8 (4) THE FACILITY IN WHICH THE GAMES OF CHANCE ARE PLAYED
9 DOES NOT HAVE ADEQUATE MEANS OF INGRESS AND EGRESS AND DOES
10 NOT HAVE ADEQUATE SANITARY FACILITIES AVAILABLE IN THE AREA.
11 (5) ANY PERSON OR PERSONS OTHER THAN A MANAGER, OFFICER,
12 DIRECTOR, BAR PERSONNEL OR A BONA FIDE MEMBER OF A CLUB HAVE
13 BEEN INVOLVED IN MANAGING, SETTING UP, OPERATING OR RUNNING
14 GAMES OF CHANCE.
15 (6) ANY PERSON HAS RECEIVED COMPENSATION FOR CONDUCTING
16 GAMES OF CHANCE, EXCEPT AS PERMITTED UNDER THIS ACT. <--
17 (7) ANY PRIZE HAS BEEN AWARDED IN EXCESS OF THE LIMITS
18 PERMITTED UNDER THIS ACT.
19 (8) THE CLUB HAS VIOLATED ANY CONDITION OF A SPECIAL
20 PERMIT ISSUED PURSUANT TO SECTION 10.
21 (9) THE CLUB CONDUCTS THE GAMES OF CHANCE UPON PREMISES
22 WHICH IT DOES NOT OWN OR LEASE IN ACCORDANCE WITH THIS ACT
23 AND IS EITHER:
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
19870S0075B2528 - 16 -
1 ORIGINAL NOTARIZED APPLICATION. <--
2 (11) A CLUB HAS BEEN CONVICTED OF A VIOLATION OF THIS
3 ACT AS EVIDENCED BY A CERTIFIED RECORD OF THE CONVICTION.
4 (12) THE CLUB HAS PERMITTED ANOTHER CLUB TO USE ITS <--
5 LICENSED PREMISES FOR THE CONDUCTING OF GAMES OF CHANCE.
6 (13) A CLUB HAS CONDUCTED MORE THAN ONE RAFFLE IN ANY
7 CALENDAR MONTH.
8 (B) PRODUCTION OF RECORDS.--THE DISTRICT ATTORNEY MAY
9 REQUIRE LICENSEES TO PRODUCE THEIR BOOKS, ACCOUNTS AND RECORDS
10 RELATING TO THE CONDUCT OF GAMES OF CHANCE IN ORDER TO DETERMINE
11 WHETHER A LICENSE SHOULD BE REVOKED OR RENEWAL THEREOF DENIED.
12 LICENSEES SHALL ALSO BE REQUIRED TO PRODUCE THEIR LICENSE,
13 BOOKS, ACCOUNTS AND RECORDS RELATING TO THE CONDUCT OF GAMES OF
14 CHANCE TO OTHER LAW ENFORCEMENT OFFICIALS UPON PROPER REQUEST.
15 SECTION 12 13. ENFORCEMENT. <--
16 (A) DISTRICT ATTORNEY.--THE DISTRICT ATTORNEY SHALL
17 INVESTIGATE ALLEGED VIOLATIONS OF THIS ACT. IF THE DISTRICT
18 ATTORNEY FINDS PROBABLE CAUSE TO BELIEVE THAT A VIOLATION HAS
19 OCCURRED, HE MAY FILE A COMPLAINT AGAINST THE ALLEGED VIOLATOR
20 IN THE COURT OF COMMON PLEAS OF SAID COUNTY, EXCEPT IN COUNTIES
21 OF THE FIRST CLASS WHERE THE COMPLAINT MAY BE FILED IN THE
22 MUNICIPAL COURT. IN ADDITION, THE DISTRICT ATTORNEY SHALL
23 PROSECUTE SAID COMPLAINT IN THE MANNER PROVIDED BY LAW.
24 (B) OTHER LAW ENFORCEMENT OFFICIALS.--NOTHING IN THIS ACT
25 SHALL BE INTERPRETED TO RESTRICT THE POWER OF STATE, COUNTY OR
26 LOCAL LAW ENFORCEMENT OFFICIALS TO CONDUCT INVESTIGATIONS AND
27 ENFORCE THE PROVISIONS OF THIS ACT.
28 SECTION 13 14. LOCAL OPTION. <--
29 (A) ELECTION TO BE HELD.--NO IN ANY MUNICIPALITY, AN <--
30 ELECTION MAY BE HELD ON THE DATE OF THE PRIMARY ELECTION
19870S0075B2528 - 17 -
1 IMMEDIATELY PRECEDING ANY MUNICIPAL ELECTION, BUT NOT MORE THAN
2 ONCE IN FOUR YEARS, TO DETERMINE THE WILL OF THE ELECTORS WITH
3 RESPECT TO THE ISSUANCE OF LICENSES WITHIN THE LIMITS OF SUCH
4 MUNICIPALITY UNDER THE PROVISIONS OF THIS ACT. WHERE AN ELECTION
5 SHALL HAVE BEEN HELD AT THE PRIMARY ELECTION PRECEDING A
6 MUNICIPAL ELECTION IN ANY YEAR, ANOTHER ELECTION MAY BE HELD
7 UNDER THE PROVISIONS OF THIS ACT AT THE PRIMARY ELECTION
8 OCCURRING THE FOURTH YEAR AFTER SUCH PRIOR ELECTION. WHENEVER
9 ELECTORS EQUAL TO AT LEAST 25% OF THE HIGHEST VOTE CAST FOR ANY
10 OFFICE IN THE MUNICIPALITY AT THE LAST PRECEDING GENERAL
11 ELECTION SHALL FILE A PETITION WITH THE COUNTY BOARD OF
12 ELECTIONS OF THE COUNTY, OR THE GOVERNING BODY OF THE
13 MUNICIPALITY ADOPTS, BY A MAJORITY VOTE, A RESOLUTION TO PLACE
14 SUCH A QUESTION ON THE BALLOT AND A COPY OF THE RESOLUTION IS
15 FILED WITH THE BOARD OF ELECTIONS OF THE COUNTY, FOR A
16 REFERENDUM ON THE QUESTION OF ISSUING LICENSES, THE COUNTY BOARD
17 OF ELECTIONS SHALL CAUSE A QUESTION TO BE PLACED ON THE BALLOT
18 OR ON THE VOTING MACHINE BOARD AND SUBMITTED AT THE PRIMARY
19 ELECTION IMMEDIATELY PRECEDING THE MUNICIPAL ELECTION. THE
20 QUESTION SHALL BE IN THE FOLLOWING FORM:
21 DO YOU FAVOR THE ISSUANCE OF LICENSES
22 TO CONDUCT SMALL GAMES OF CHANCE IN THE
23 OF ?
24 (B) VOTE.--IF A MAJORITY OF THE ELECTORS VOTING ON THE
25 QUESTION VOTE "YES," THEN LICENSES SHALL BE ISSUED BY THE
26 LICENSING AUTHORITY IN SUCH MUNICIPALITY, BUT IF A MAJORITY OF
27 THE ELECTORS VOTING ON ANY SUCH QUESTION VOTE "NO," THEN THE
28 LICENSING AUTHORITY SHALL HAVE NO POWER TO ISSUE OR TO RENEW,
29 UPON THEIR EXPIRATION, ANY LICENSES IN SUCH MUNICIPALITY, UNLESS
30 AND UNTIL, AT A LATER ELECTION, A MAJORITY OF THE VOTING
19870S0075B2528 - 18 -
1 ELECTORS VOTE "YES" ON SUCH QUESTION.
2 (C) VOTING PROCEEDINGS.--PROCEEDINGS UNDER THIS SECTION
3 SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF THE ACT OF JUNE 3,
4 1937 (P.L.1333, NO.320), KNOWN AS THE PENNSYLVANIA ELECTION
5 CODE.
6 (D) APPLICABILITY.--THIS ACT APPLIES ONLY TO THOSE CLUBS
7 LOCATED IN MUNICIPALITIES WHICH HAVE ADOPTED THE PROVISIONS OF
8 THIS ACT BY AN AFFIRMATIVE VOTE IN A MUNICIPAL REFERENDUM IN
9 ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
10 (E) WITHDRAWAL OF APPROVAL.--THE REFERENDUM PROCEDURE
11 CONTAINED IN THIS SECTION SHALL ALSO BE AVAILABLE TO WITHDRAW
12 THE APPROVAL OF THE ISSUANCE OF SUCH LICENSES WITHIN SUCH
13 MUNICIPALITY WHICH WAS GRANTED THROUGH A PRIOR REFERENDUM.
14 SECTION 14 15. ADVERTISING. <--
15 IT SHALL BE UNLAWFUL FOR ANY CLUB OR PERSON TO ADVERTISE THE
16 PRIZES OR THEIR DOLLAR VALUE TO BE AWARDED IN GAMES OF CHANCE,
17 PROVIDED THAT PRIZES MAY BE IDENTIFIED ON RAFFLE TICKETS.
18 SECTION 15 16. CERTAIN PERSONS PROHIBITED. <--
19 NO DISTRIBUTOR NOR ANY PERSON WHO HAS BEEN CONVICTED OF A
20 FELONY OR OF A VIOLATION OF THE ACT OF JULY 10, 1981 (P.L.214,
21 NO.67), KNOWN AS THE BINGO LAW, OR OF THIS ACT OR OF ANY
22 COMPARABLE STATE OR FEDERAL LAW SHALL HAVE A PECUNIARY INTEREST
23 IN THE OPERATION OR PROCEEDS OF GAMES OF CHANCE.
24 SECTION 16 17. PENALTIES. <--
25 (A) SUMMARY OFFENSE.--ANY CLUB VIOLATING THE PROVISIONS OF
26 THIS ACT SHALL BE GUILTY OF A SUMMARY OFFENSE AND, UPON
27 CONVICTION THEREOF, SHALL BE SENTENCED TO PAY A FINE NOT
28 EXCEEDING $1,000 AND SHALL FORFEIT ANY LICENSE ISSUED TO THE
29 CLUB, AND IT SHALL BE INELIGIBLE FOR A LICENSE RENEWAL FOR 30
30 MONTHS THEREAFTER.
19870S0075B2528 - 19 -
1 (B) MISDEMEANOR.--ANY PERSON WHO CONDUCTS OR ASSISTS IN THE
2 CONDUCTING OF GAMES OF CHANCE IN VIOLATION OF THE PROVISIONS OF
3 THIS ACT IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE.
4 (C) DISTRIBUTORS AND MANUFACTURERS.--ANY PERSON WHO
5 DISTRIBUTES GAMES OF CHANCE WITHOUT A LICENSE OR IN VIOLATION OF
6 ANY PROVISION OF THIS ACT OR APPLICABLE REGULATIONS, AND ANY
7 MANUFACTURER OF GAMES OF CHANCE WHO DELIVERS GAMES OF CHANCE FOR
8 SALE OR DISTRIBUTION IN THIS COMMONWEALTH WHO FAILS TO OBTAIN A
9 PERMIT THEREFOR IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE,
10 PROVIDED THAT NO LICENSE OR PERMIT SHALL BE REQUIRED FOR THE
11 MANUFACTURE OR DISTRIBUTION OF RAFFLE TICKETS.
12 (D) RIGGING.--A PERSON COMMITS A MISDEMEANOR OF THE FIRST
13 DEGREE IF, WITH INTENT TO PREVENT A GAME OF CHANCE FROM BEING
14 CONDUCTED IN ACCORDANCE WITH THE REQUIREMENTS OF THIS ACT OR THE
15 RULES AND USAGES GOVERNING THE GAME, HE:
16 (1) CONFERS OR OFFERS OR AGREES TO CONFER ANY BENEFIT
17 UPON OR THREATENS ANY INJURY TO A PARTICIPANT OR OTHER PERSON
18 ASSOCIATED WITH THE GAME;
19 (2) TEMPERS TAMPERS WITH ANY PERSON OR GAMES; OR <--
20 (3) SOLICITS, ACCEPTS OR AGREES TO ACCEPT ANY BENEFIT.
21 (E) CONTINGENT FEES.--ANY PERSON WHO DISTRIBUTES, <--
22 MANUFACTURES OR OPERATES A SMALL GAME OF CHANCE AND WHO
23 REQUIRES, FOR EQUIPMENT FURNISHED, OR TO PLAY A GAME, PAYMENT
24 EQUAL TO A PERCENTAGE OF THE TOTAL WINNINGS OF ANY GAME COMMITS
25 A MISDEMEANOR OF THE FIRST DEGREE.
26 SECTION 17 18. EFFECTIVE DATE. <--
27 THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
L5L72CHF/19870S0075B2528 - 20 -