PRINTER'S NO. 3384
No. 2410 Session of 2004
INTRODUCED BY SEMMEL, TIGUE, LEH, BELFANTI, BENNINGHOFF, CAPPELLI, CORRIGAN, GEIST, GRUCELA, HALUSKA, HARHAI, KOTIK, MARKOSEK, McCALL, PAYNE, SAINATO, SANTONI, SOLOBAY, WASHINGTON, PALLONE AND MILLARD, MARCH 8, 2004
REFERRED TO COMMITTEE ON FINANCE, MARCH 8, 2004
AN ACT 1 Amending the act of July 10, 1981 (P.L.214, No.67), entitled "An 2 act relating to the lawful conduct of bingo, prescribing 3 penalties and making a repeal," further providing for rules 4 for licensing and operation. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Section 5(c) and (d) of the act of July 10, 1981 8 (P.L.214, No.67), known as the Bingo Law, amended December 15, 9 1982 (P.L.1299, No.293) and February 12, 1988 (P.L.76, No.14), 10 are amended to read: 11 Section 5. Rules for licensing and operation. 12 * * * 13 (c) Operation.--Each licensed association shall comply with 14 the following restrictions and rules governing the operation of 15 bingo: 16 (1) No person under the age of 18 shall be permitted to 17 play bingo unless accompanied by an adult. 18 (2) No association shall conduct bingo more than twice
1 in any one week, except an association shall be permitted to 2 conduct the game of bingo for a period not to exceed ten days 3 at the association's exposition, carnival or fair site in 4 addition to the regularly scheduled games. 5 (3) Prizes awarded shall not exceed a value of $250 for 6 any one game of bingo, except [for jackpot] as follows: 7 (i) Jackpot games, which shall not exceed a value of 8 $2,000 for one such game. 9 (ii) Mega bingo games, which shall not exceed a 10 value of $25,000 for one such game, and shall not be 11 conducted more than once in any one month. 12 (iii) Winner-takes-all games, which shall pay out 13 100% of the gross revenues generated from the bingo game. 14 In addition, no more than [$4,000 in prizes] $8,000 in 15 prizes, excluding prizes under subparagraphs (ii) or 16 (iii), shall be awarded in any calendar day. 17 [(4) Only associations licensed to conduct bingo shall 18 be permitted to advertise their bingo games. Such 19 advertisements shall contain the date, time, location, 20 whether cash or merchandise prizes will be awarded and the 21 name of the association licensed to conduct the bingo game 22 and the name of the individual in charge of the operation of 23 the game. An association shall not advertise the prizes or 24 their dollar value which will be awarded nor shall they 25 advertise a guaranteed prize dollar value.] 26 (5) The association shall own the equipment used in 27 playing bingo or shall sign a written agreement leasing the 28 equipment from another licensed association for a fee which 29 is not determined by the amount of receipts realized from the 30 playing of bingo or the number of people attending bingo 20040H2410B3384 - 2 -
1 games. Joint ownership of bingo equipment shall be permitted 2 only if both owners of the equipment are licensed 3 associations. This paragraph shall not apply to associations 4 contracting charitable organizations or outside operators to 5 conduct bingo at expositions, carnivals or fairs. 6 (6) The association shall own both the premises upon 7 which bingo is played and the personal property used in the 8 conduct of the game, or if it does not, the association shall 9 sign a written agreement leasing such premises or personal 10 property from the owner thereof for a fee which is not 11 determined by either the amount of receipts realized from the 12 playing of bingo or the number of people attending bingo 13 games. An association shall not lease such premises or 14 personal property from any person who has been convicted of a 15 felony or a violation of this act. More than one association 16 may lease the same premises for the conducting of bingo and 17 each association shall have its own license. 18 (7) Each association shall keep written records of the 19 moneys and merchandise collected and distributed for each day 20 they conduct bingo. These records shall indicate the total 21 proceeds collected, the total prize money distributed, the 22 total value of all merchandise awarded as a prize and the 23 amount of moneys paid as rentals or wages and to whom such 24 rentals or wages were paid. All prizes awarded having a value 25 greater than $250 shall be specifically described in the 26 association's records. Each association shall report to the 27 Department of Revenue prizes awarded as required by Internal 28 Revenue Service regulations. 29 (8) Each association shall deposit with a financial 30 institution all proceeds for each day's bingo game in an 20040H2410B3384 - 3 -
1 account in the association's name. This deposit shall be made 2 before any of the proceeds may be used for any other purpose, 3 except for payment of prize money and compensation to members 4 employed in the operation of the game. 5 (9) No association shall permit any person who is not a 6 bona fide member of the association or who has been convicted 7 of a felony or a violation of this act to manage, set up, 8 supervise or participate in the operation of the 9 association's bingo games. Nothing contained in this act 10 shall be construed to prohibit individuals under 18 years of 11 age from participating in the operation of the game and being 12 compensated therefor if written permission is obtained from 13 their parent or guardian. 14 (10) Associations which obtain a license for the purpose 15 of conducting bingo at an exposition, carnival or fair for a 16 period not exceeding ten days shall be permitted to contract 17 a charitable organization to manage, set up, supervise or 18 participate in the operation of the bingo game provided only 19 merchandise prizes are awarded. Only bona fide members of the 20 contracted charitable organization shall be permitted to 21 participate in the operation of the bingo game. If no 22 charitable organizations are available, the association may 23 contract an outside operator to conduct the game for 24 merchandise at the exposition, carnival or fair site. The 25 provisions of this paragraph shall not be construed to allow 26 bingo games to be ordinarily carried out on a commercial 27 basis in this Commonwealth. 28 (11) No person shall participate in the operation of 29 bingo games on more than four days in any calendar week, 30 which games may be operated by no more than two different 20040H2410B3384 - 4 -
1 licensed associations. This provision shall not apply to 2 persons engaged in the operation of bingo for merchandise at 3 expositions, carnivals or fairs not exceeding ten days in 4 duration. 5 (12) No supplier of merchandise nor any person who has 6 been convicted of a felony or a violation of this act shall 7 have a pecuniary interest in the operation or proceeds of the 8 bingo game. 9 (d) Application for license.--Each association shall apply 10 to the licensing authority for a license on a form to be 11 prescribed by the Secretary of the Commonwealth. Said form shall 12 contain an affidavit to be affirmed by the executive officer or 13 secretary of the association stating that: 14 (1) No person under the age of 18 will be permitted by 15 the association to play bingo unless accompanied by an adult. 16 (2) The facility in which any game of bingo is to be 17 played does have adequate means of ingress and egress and 18 adequate sanitary facilities available in the area. 19 (3) The association is the sole or joint owner with a 20 licensed association of the equipment used in playing bingo 21 or it leases the equipment from another licensed association 22 under a written agreement for a fee which is not determined 23 by the amount of receipts realized from the playing of bingo 24 or the number of people attending bingo games. This paragraph 25 shall not apply to associations contracting with charitable 26 organizations or outside operators to conduct bingo at 27 expositions, carnivals or fairs. 28 (4) The association is the owner of both the premises 29 upon which bingo is played and the personal property used in 30 the conduct of the game or, if it is not, that the 20040H2410B3384 - 5 -
1 association is not leasing such premises or personal property 2 from the owner thereof under an oral agreement, nor is it 3 leasing such premises or personal property from the owner 4 thereof under a written agreement at a rental which is 5 determined by either the amount of receipts realized from the 6 playing of bingo or the number of people attending bingo 7 games, nor is it leasing such premises or personal property 8 from a person who has been convicted of a felony or a 9 violation of this act. 10 (5) The association will not conduct the playing of 11 bingo more than twice per week in any one week, except those 12 associations conducting bingo at expositions, carnivals or 13 fairs. 14 (6) The association in any calendar day will not award a 15 total of more than [$4,000 in prizes] $8,000 in prizes, 16 except as provided under section 4(c)(3). 17 (7) The association is a nonprofit association as 18 defined in this act. 19 * * * 20 Section 2. This act shall take effect in 60 days. J28L04JLW/20040H2410B3384 - 6 -