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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY ERICKSON, STACK, SOLOBAY, D. WHITE, FONTANA, RAFFERTY, BREWSTER, CORMAN, LEACH, PIPPY, TOMLINSON, ALLOWAY, M. WHITE, WOZNIAK AND YAW, MARCH 2, 2011 |
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| REFERRED TO FINANCE, MARCH 2, 2011 |
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| AN ACT |
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1 | Amending the act of December 19, 1988 (P.L.1262, No.156), |
2 | entitled, as amended, "An act providing for the licensing of |
3 | eligible organizations to conduct games of chance, for the |
4 | licensing of persons to distribute games of chance, for the |
5 | registration of manufacturers of games of chance, and for |
6 | suspensions and revocations of licenses and permits; |
7 | requiring records; providing for local referendum by |
8 | electorate; and prescribing penalties," further providing for |
9 | definitions, for games of chance permitted, for prize limits, |
10 | for insured games, for limited sales, for recordkeeping, for |
11 | eligible organizations' use of locations for conducting small |
12 | games of chance, for separate individual prize limitations |
13 | and for revocation of licenses; providing for licensed |
14 | establishments; further providing for enforcement, for |
15 | penalties and for advertising; and providing for transfer |
16 | from General Fund to State Lottery Fund. |
17 | The General Assembly of the Commonwealth of Pennsylvania |
18 | hereby enacts as follows: |
19 | Section 1. The definitions of "daily drawing," "eligible |
20 | organizations" and "games of chance" in section 3 of the act of |
21 | December 19, 1988 (P.L.1262, No.156), known as the Local Option |
22 | Small Games of Chance Act, amended December 19, 1990 (P.L.812, |
23 | No.195) and October 18, 2000 (P.L.602, No.79), are amended and |
24 | the section is amended by adding definitions to read: |
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1 | Section 3. Definitions. |
2 | The following words and phrases when used in this act shall |
3 | have the meanings given to them in this section unless the |
4 | context clearly indicates otherwise: |
5 | * * * |
6 | "Daily drawing." A game in which a bona fide member selects |
7 | or is assigned a number for a chance at a prize with the winner |
8 | determined by [a] random drawing to take place on the eligible |
9 | organization's premises [during the same operating day]. The |
10 | term includes games commonly known as "member sign-in lotteries" |
11 | and "half-and-half lotteries." Nothing in this act shall be |
12 | construed to prohibit the carrying over of a jackpot where the |
13 | winning number has not been entered in the game on a particular |
14 | operating day. Daily drawing winners may be determined with the |
15 | aid of a passive selection device or reference to drawings |
16 | conducted by the department pursuant to the act of August 26, |
17 | 1971 (P.L.351, No.91), known as the State Lottery Law. Daily |
18 | drawing chances may not be sold for an amount in excess of $1, |
19 | and no more than one chance per individual may be sold [to an |
20 | individual during the same operating day.] per drawing. Nothing |
21 | in this definition shall restrict an eligible organization from |
22 | conducting more than one drawing per day. |
23 | * * * |
24 | "Electronic monitoring device." An electromechanical device, |
25 | electrical device or machine that satisfies the following |
26 | requirements: |
27 | (1) Is a contrivance which records time of sale of |
28 | particular units referred to as games of chance. |
29 | (2) Is a device that is able to generate reports for |
30 | auditing purposes. |
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1 | (3) Allows for financial auditing reports to be sent |
2 | electronically to a State agency. |
3 | "Eligible organizations." Includes qualifying nonprofit |
4 | charitable, religious, fraternal and veterans organizations, |
5 | clubs [and], licensed establishments, civic and service |
6 | associations as defined by this act. In order to qualify as an |
7 | eligible organization for purposes of this act, an organization |
8 | shall have been in existence and fulfilling its stated purposes |
9 | for one year prior to the date of application for a license. |
10 | * * * |
11 | "Games of chance." Punchboards, daily drawings, weekly |
12 | drawings, monthly drawings, raffles and pull-tabs, as defined in |
13 | this act, provided that no such game shall be played by or with |
14 | the assistance of any mechanical or electrical devices or media |
15 | other than a dispensing machine or passive selection device and |
16 | further provided that the particular chance taken by any person |
17 | in any such game shall not be made contingent upon any other |
18 | occurrence or the winning of any other contest, but shall be |
19 | determined solely at the discretion of the purchaser. This |
20 | definition shall not be construed to authorize any other form of |
21 | gambling currently prohibited under any provision of Title 18 of |
22 | the Pennsylvania Consolidated Statutes (relating to crimes and |
23 | offenses). Nothing in this act shall be construed to authorize |
24 | games commonly known as "slot machines" or "video poker." |
25 | "Gross games of chance revenue." The total of cash wagers |
26 | received by a licensed establishment minus the total of: |
27 | (1) Cash or cash equivalent paid out to patrons as a |
28 | result of playing a game of chance. |
29 | (2) Cash paid to purchase annuities to fund prizes |
30 | payable to patrons over a period of time as a result of |
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1 | playing a game of chance. |
2 | (3) Any personal property distributed to a patron as a |
3 | result of playing a game of chance. This does not include |
4 | travel expenses, food, refreshments, lodging or services. |
5 | The term does not include counterfeit money or tokens, coins or |
6 | currency of other countries which are received while playing a |
7 | game of chance, except to the extent that they are readily |
8 | convertible to United States currency, cash taken in fraudulent |
9 | acts perpetrated against a licensed establishment for which the |
10 | establishment is not reimbursed. |
11 | * * * |
12 | "Licensed establishment." A restaurant, eating place or |
13 | hotel as defined under section 2 of the act of April 12, 1951 |
14 | (P.L.90, No.21), known as the Liquor Code, that operates under a |
15 | valid liquor, malt or brewed beverage license under Article IV |
16 | of the Liquor Code. The term does not include a grocery store or |
17 | a licensed facility as defined under 4 Pa.C.S. § 1103 (relating |
18 | to definitions). |
19 | * * * |
20 | Section 2. Section 4 of the act, amended December 19, 1990 |
21 | (P.L.812, No.195), is amended to read: |
22 | Section 4. Games of chance permitted. |
23 | Every eligible organization to which a license has been |
24 | issued under the provisions of this act may conduct games of |
25 | chance for the purpose of raising funds for general operating |
26 | expenses and for public interest purposes. [All proceeds of |
27 | games of chance shall be used exclusively for public interest |
28 | purposes or for the purchase of games of chance as permitted by |
29 | this act.] No more than fifty percent of proceeds may be used |
30 | for general operating expenses. |
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1 | Section 3. Section 5 of the act, amended December 19, 1990 |
2 | (P.L.812, No.195) and October 18, 2000 (P.L.602, No.79), is |
3 | amended to read: |
4 | Section 5. Prize limits. |
5 | (a) Individual prize limit.--[The] Except as provided for in |
6 | subsection (i), the maximum cash value which may be awarded for |
7 | any single chance shall be [$500] $1,000. |
8 | (b) Weekly limit.--No more than [$5,000] $20,000 in cash or |
9 | merchandise shall be awarded by any eligible organization in any |
10 | seven-day period. |
11 | (c) Limit on raffles.--No more than $5,000 in cash or |
12 | merchandise shall be awarded in raffles in any calendar month. |
13 | (d) Exception.--An eligible organization may conduct a |
14 | raffle and award a prize or prizes valued in excess of [$500] |
15 | $1,000 each only under the following conditions: |
16 | (1) The licensing authority has issued a special permit |
17 | for the raffle under section 11. |
18 | (2) Eligible organizations shall be eligible to receive |
19 | no more than two special permits in any licensed year except |
20 | that volunteer fire, ambulance and rescue organizations shall |
21 | be eligible to receive no more than three special permits in |
22 | any licensed year. |
23 | (3) Only one raffle may be conducted under each special |
24 | permit. |
25 | (4) The total cash value of all prizes shall be no more |
26 | than $100,000 per calendar year. |
27 | (e) Limit on daily drawings.--Daily drawings shall be |
28 | governed by the prize [limitations] limitation contained in |
29 | [subsections (a) and (b)] subsection (a). [An eligible |
30 | organization shall not conduct daily drawings during a period |
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1 | when a weekly drawing is taking place.] |
2 | (f) Exception.--The prize limitation contained in |
3 | [subsections (a) and (b)] subsection (a) may be exceeded by a |
4 | daily drawing under the following circumstances: a daily drawing |
5 | may award a prize where the cash value is in excess of [$500] |
6 | $1,000 if such prize is the result of a carryover of a drawing |
7 | or drawings which resulted from the winning number in such |
8 | drawing or drawings not being among the eligible entrants in |
9 | such drawings. Nothing contained herein shall authorize the |
10 | prize [limitations] limitation as contained in [subsections (a) |
11 | and (b)] subsection (a) to be exceeded as a result of a failure |
12 | to conduct a drawing on an operating day during which chances |
13 | were sold for a daily drawing or for a daily drawing for which |
14 | chances were sold in excess of $1 or for which more than one |
15 | chance was sold to an eligible participant. |
16 | (g) Daily drawing and weekly drawing exception.--When a |
17 | daily drawing or weekly drawing is set up or conducted in such a |
18 | manner as to pay out or award 100% of the gross revenues |
19 | generated from such drawing, the limitations contained in |
20 | subsection (b) shall not apply. |
21 | (h) Limit on weekly drawings.--Weekly drawings shall be |
22 | governed by the prize limitations contained in subsection (b). |
23 | The prize limitation contained in subsection (b) may be exceeded |
24 | by a weekly drawing under the following circumstances: a weekly |
25 | drawing may award a prize where the cash value is in excess of |
26 | [$5,000] $20,000 if such prize is the result of a carryover of a |
27 | drawing or drawings which resulted from the winning number or |
28 | numbers in such drawing or drawings not being among the eligible |
29 | entrants in such drawings. Nothing contained in this act shall |
30 | authorize the prize limitations as contained in subsection (b) |
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1 | to be exceeded as a result of a failure to conduct a drawing for |
2 | a week during which chances were sold for a weekly drawing or |
3 | for a weekly drawing for which chances were sold in excess of |
4 | $1. [An eligible organization shall not conduct weekly drawings |
5 | during a period when a daily drawing is taking place.] |
6 | Section 4. The act is amended by adding a section to read: |
7 | Section 5.1. Insured games. |
8 | Notwithstanding any provision of this act to the contrary, an |
9 | eligible organization may conduct small games of chance using |
10 | insured games. Insured games sold by a licensed distributor |
11 | shall be backed by a valid insurance contract issued by an |
12 | insurance company licensed to do business in this Commonwealth. |
13 | Proof of the insurance contract must be provided to the |
14 | department prior to the game being sold. The license of a |
15 | distributor and an insurance company issuing a contract for an |
16 | insured game may be suspended or revoked for failure to pay an |
17 | award. For the purposes of this section, an insured game is a |
18 | game in which the distributor or other licensed third party |
19 | guarantees making the payment on a win of a jackpot. |
20 | Section 5. Sections 6 and 9 of the act, amended December 19, |
21 | 1990 (P.L.812, No.195), are amended to read: |
22 | Section 6. Sales limited. |
23 | No person shall sell, offer for sale or furnish games of |
24 | chance for use within this Commonwealth except to an eligible |
25 | organization or distributor licensed under this act. No game of |
26 | chance, other than a raffle, sold, offered for sale or furnished |
27 | for use within this Commonwealth shall contain, permit, depict |
28 | or designate a prize having a cash value in excess of [$500] |
29 | $1,000. |
30 | Section 9. Regulations of department. |
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1 | (a) Authorization.--The department shall promulgate |
2 | regulations to: |
3 | (1) Impose minimum standards and restrictions applicable |
4 | to games of chance manufactured for sale in this |
5 | Commonwealth, which may include standards and restrictions |
6 | which specify the maximum number of chances available to be |
7 | sold for any single game or prize and such other standards |
8 | and restrictions as the department deems necessary for the |
9 | purposes of this act. The department shall consider standards |
10 | adopted by the National Association of Gambling Regulatory |
11 | Agencies and other standards commonly accepted in the |
12 | industry. |
13 | (2) Establish procedures by which manufacturers may |
14 | register and distributors of games of chance may apply for |
15 | licensure on forms which the department shall provide. |
16 | (3) Provide for the suspension or revocation of |
17 | distribution licenses or manufacturer certificates for |
18 | violations of this act or regulations of the department. |
19 | (3.1) Provide for the electronic monitoring and |
20 | reporting of tickets and proceeds from games of chance |
21 | through the use of electronic monitoring devices. |
22 | (4) Carry out other provisions of this act. |
23 | (b) Limitation on recordkeeping requirements.--[This] Except |
24 | as otherwise authorized under subsection (a)(3.1), this section |
25 | shall not be construed to authorize the department to promulgate |
26 | regulations providing for recordkeeping requirements for |
27 | eligible organizations which require unreasonable or unnecessary |
28 | information or a repetitious listing of information. The |
29 | department shall strive to keep such recordkeeping requirements |
30 | from being an undue hardship or burden on eligible |
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1 | organizations. Under no circumstances shall the department |
2 | require the retention of records for a period in excess of two |
3 | years. Each eligible organization shall report to the department |
4 | prizes awarded as required by section 335 of the act of March 4, |
5 | 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971. |
6 | Section 6. Section 10(b), (d) and (e) of the act, amended |
7 | December 19, 1990 (P.L.812, No.195) and October 18, 2000 |
8 | (P.L.602, No.79), are amended and the section is amended by |
9 | adding subsections to read: |
10 | Section 10. Licensing of eligible organizations to conduct |
11 | games of chance. |
12 | * * * |
13 | (b) Issuance and fees.--The licensing authority shall |
14 | license, upon application, within 30 days any eligible |
15 | organization meeting the requirements for licensure contained in |
16 | this act to conduct and operate games of chance at such |
17 | locations within the county or in such manner as stated on the |
18 | application as limited by subsection (b.1). The license fee to |
19 | be charged to each eligible organization shall be $100, except |
20 | for limited occasion licenses which shall be $10. Licenses shall |
21 | be renewable annually upon the anniversary of the date of issue. |
22 | For licensed establishments the license fee shall be $500. |
23 | * * * |
24 | (d) Operation.--Each licensed eligible organization shall |
25 | comply with the following restrictions and rules governing the |
26 | operation of games of chance: |
27 | (1) No person under 18 years of age shall be permitted |
28 | to operate or play games of chance. |
29 | (2) No eligible organization shall permit any person who |
30 | has been convicted of a felony in a Federal or State court |
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1 | within the past five years or has been convicted in a Federal |
2 | or State court within the past ten years of a violation of |
3 | the act of July 10, 1981 (P.L.214, No.67), known as the Bingo |
4 | Law, or of this act to manage, set up, supervise or |
5 | participate in the operation of games of chance. |
6 | (3) No eligible organization shall pay any compensation |
7 | to any person for conducting any games of chance. Games of |
8 | chance may only be conducted by managers, officers, |
9 | directors, bar personnel and bona fide members of the |
10 | eligible organization. |
11 | (4) Games shall be conducted only on the licensed |
12 | premises or as otherwise provided by this act. |
13 | (5) The eligible organization shall not lease such |
14 | premises under either an oral or a written agreement for a |
15 | rental which is determined by either the amount of receipts |
16 | realized from the playing of games of chance or the number of |
17 | people attending, except that an eligible organization may |
18 | lease a facility for a banquet where a per head charge is |
19 | applied in connection with the serving of a meal. An eligible |
20 | organization shall not lease such premises from any person |
21 | who has been convicted of a violation of this act within the |
22 | past ten years. |
23 | (6) Games, other than raffles, daily drawings and weekly |
24 | drawings, shall be purchased only from manufacturers and |
25 | distributors approved by the department. |
26 | (7) [No] Except as provided in paragraph (7.1), no |
27 | licensed eligible organization shall permit its premises to |
28 | be used for small games of chance by another licensed |
29 | eligible organization at the same time that it is conducting |
30 | small games of chance on the premises. When a licensed |
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1 | eligible organization is permitting another licensed eligible |
2 | organization to use its premises for purposes of small games |
3 | of chance, it must cease the operation of its own small games |
4 | of chance during the period that the other licensed eligible |
5 | organization is conducting its games on the premises. |
6 | (7.1) A licensed eligible organization may sell on its |
7 | licensed premises the raffle tickets of another licensed |
8 | eligible organization that has been issued a limited occasion |
9 | license under subsection (b.3). |
10 | (8) Raffle tickets may be sold off the licensed premise |
11 | in any municipality in this Commonwealth which has adopted |
12 | the provisions of this act by an affirmative vote in a |
13 | municipal referendum. A licensed eligible organization which |
14 | plans to sell raffle tickets in a municipality located in a |
15 | county other than the county in which the eligible |
16 | organization is licensed must notify that county's district |
17 | attorney and licensing authority as to the location and the |
18 | dates that the eligible organization plans to sell raffle |
19 | tickets. |
20 | (9) The eligible organization shall keep a bank account |
21 | to hold the proceeds of games of chance, which shall be |
22 | separate from all other funds belonging to the eligible |
23 | organization. Account records shall show all expenditures and |
24 | income and shall be retained by the eligible organization for |
25 | at least two years. |
26 | (e) Application for license.--Each eligible organization |
27 | shall apply to the licensing authority for a license on a form |
28 | to be prescribed by the Secretary of Revenue. The form shall |
29 | contain an affidavit to be affirmed by the executive officer or |
30 | secretary of the eligible organization stating that: |
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1 | (1) No person under 18 years of age will be permitted by |
2 | the eligible organization to operate or play games of chance. |
3 | (2) The facility in which the games of chance are to be |
4 | played has adequate means of ingress and egress and adequate |
5 | sanitary facilities available in the area. |
6 | (3) The eligible organization is not leasing such |
7 | premises from the owner thereof under an oral agreement, nor |
8 | is it leasing such premises from the owner thereof under a |
9 | written agreement at a rental which is determined by the |
10 | amount of receipts realized from the playing of games of |
11 | chance or by the number of people attending, except that an |
12 | eligible organization may lease a facility for a banquet |
13 | where a per head charge is applied in connection with the |
14 | serving of a meal. |
15 | (4) The eligible organization has complied with the |
16 | annual financial report filing. |
17 | (5) The eligible organization has a separate bank |
18 | account to hold all proceeds of games of chance. |
19 | (6) The eligible organization has complied with the |
20 | applicable games of chance education requirements. |
21 | (e.1) Additional application components.--As part of the |
22 | initial or renewal application filed under subsection (e), each |
23 | eligible organization shall file an annual report with the |
24 | licensing authority. The following shall apply: |
25 | (1) The first annual report required under this |
26 | paragraph shall contain information for the 12-month period |
27 | ending at least 60 days, but not more than 90 days, prior to |
28 | the submission of the application. Subsequent annual reports |
29 | shall contain information for the most recent 12-month period |
30 | ending in the same month as the initial report. |
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1 | (2) The annual report shall detail gross receipts from |
2 | the conduct of games of chance, the expenses related to the |
3 | conduct of the games of chance, the prizes paid out for games |
4 | of chance and the details as to how the proceeds from games |
5 | of chance were used or disbursed by the eligible |
6 | organization. |
7 | (3) The annual report shall be prepared on a one-page |
8 | form to be designed by the department. Additional schedules |
9 | shall be included, if necessary, to provide specific details |
10 | on the use or disbursement of the net proceeds from games of |
11 | chance by the eligible organization. |
12 | (4) A copy of the annual report shall be filed with the |
13 | application to renew the liquor license of an eligible |
14 | organization. |
15 | * * * |
16 | (h) Background checks.--Each application shall include the |
17 | results of a criminal history record information check obtained |
18 | from the Pennsylvania State Police, as defined in 18 Pa.C.S. § |
19 | 9102 (relating to definitions) and permitted by 18 Pa.C.S. § |
20 | 9121(b) (relating to general regulations), for the executive |
21 | officer or secretary of the eligible organization making the |
22 | application and all other responsible persons listed on the |
23 | application. |
24 | Section 7. The act is amended by adding sections to read: |
25 | Section 11.1. Licensed establishment application. |
26 | In addition to any other eligibility and application |
27 | requirements applicable to eligible organizations, a licensed |
28 | establishment shall demonstrate the following as part of its |
29 | application for a license to conduct small games of chance: |
30 | (1) That it possesses a valid liquor, malt or brewed |
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1 | beverage license under Article IV of the act of April 12, |
2 | 1951 (P.L.90, No.21), known as the Liquor Code, and that such |
3 | license is in good standing. |
4 | (2) That it is located in a municipality in which small |
5 | games of chance are permitted under this act. |
6 | (3) That it possesses tax clearance from the department |
7 | and the Department of Labor and Industry in the same manner |
8 | as required under section 470 of the Liquor Code. |
9 | Section 11.2. Licensed establishment monthly assessment. |
10 | (a) Rate.--The department shall determine and each licensed |
11 | establishment shall pay a monthly assessment rate of 30% of its |
12 | gross games of chance revenue from the conduct of small games of |
13 | chance at the licensed establishment. |
14 | (b) Deposit.--The monthly assessment owed by each licensed |
15 | establishment shall be deposited in the General Fund. |
16 | Section 11.3. Licensed establishment public interest |
17 | assessment. |
18 | (a) Contribution.--The department shall determine and verify |
19 | that each licensed establishment conducting small games of |
20 | chance shall contribute, monthly, 20% of its gross games of |
21 | chance revenue from the conduct of small games of chance at the |
22 | licensed establishment to a charitable organization to be used |
23 | exclusively for a public interest purpose. |
24 | (b) Accounting.--A licensed establishment shall provide a |
25 | monthly accounting to the department indicating the total amount |
26 | of gross games of chance revenue received by the licensed |
27 | establishment and the total amount contributed to charitable |
28 | organizations. The licensed establishment shall identify the |
29 | charitable organization and the public interest purpose for |
30 | which the monthly contribution is allocated. |
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1 | Section 11.4. Additional licensed establishment assessment fee. |
2 | In addition to assessment in section 11.2, a licensed |
3 | establishment shall pay a monthly assessment rate of 2% of the |
4 | gross games of chance revenue from the conduct of small games of |
5 | chance at the licensed establishment. This amount shall be |
6 | divided equally between the department and the Bureau of Liquor |
7 | Control Enforcement of the Pennsylvania State Police for |
8 | administrative and enforcement costs. |
9 | Section 8. Section 12(a) of the act is amended by adding a |
10 | paragraph to read: |
11 | Section 12. Revocation of licenses. |
12 | (a) Grounds.--The licensing authority shall revoke or refuse |
13 | to renew the license of any eligible organization whenever the |
14 | district attorney finds upon complaint and investigation that: |
15 | * * * |
16 | (13) The eligible organization has failed to keep and |
17 | maintain the records required under this act for a period of |
18 | two years. |
19 | * * * |
20 | Section 9. Section 13(a) of the act is amended to read: |
21 | Section 13. Enforcement. |
22 | (a) [District] Attorney General and district attorney.--The |
23 | Attorney General and district attorney shall have concurrent |
24 | jurisdiction and the Pennsylvania State Police shall have the |
25 | independent authority to investigate alleged violations of this |
26 | act. If the Attorney General or district attorney finds probable |
27 | cause to believe that a violation has occurred, he may file a |
28 | complaint against the alleged violator in the court of common |
29 | pleas of said county, except in counties of the first class |
30 | where the complaint may be filed in the municipal court. In |
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1 | addition, the Attorney General or district attorney shall |
2 | prosecute said complaint in the manner provided by law. |
3 | * * * |
4 | Section 10. Section 17 of the act is amended by adding a |
5 | subsection to read: |
6 | Section 17. Penalties. |
7 | * * * |
8 | (f) Fines for license revocation or refusal to renew |
9 | license.--In addition to any other penalty provided by law, an |
10 | eligible organization whose license has been revoked or not |
11 | renewed on any of the grounds enumerated in section 12(a) shall |
12 | be subject to the following fines: |
13 | (1) A fine of $500 for a first occurrence. |
14 | (2) A fine of $1,000 for a second occurrence. |
15 | (3) A fine of $2,500 for a third or subsequent |
16 | occurrence. |
17 | Section 11. Section 15 of the act, amended December 19, 1990 |
18 | (P.L.812, No.195), is amended to read: |
19 | Section 15. Advertising. |
20 | [It shall be unlawful for any eligible organization or person |
21 | to] Any eligible organization or person may advertise the prizes |
22 | or their dollar value to be awarded in games of chance, provided |
23 | that [prizes may be identified on raffle tickets. |
24 | Notwithstanding the prohibition of advertising contained within |
25 | this section, an eligible organization may advertise prizes and |
26 | values thereof in periodic publications which are limited in |
27 | their circulation to members of the eligible organization.] such |
28 | advertisements shall contain the date, time, location, whether |
29 | cash or merchandise prizes will be awarded and the name of the |
30 | eligible organization licensed to conduct games of chance and |
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1 | the name of the person who conducts the games of chance. |
2 | Section 12. The act is amended by adding a section to read: |
3 | Section 16.1. Transfer from General Fund to State Lottery Fund. |
4 | If, on June 15, 2011, and June 15 of each year thereafter, |
5 | the secretary determines that a decrease in the revenue |
6 | deposited in that fiscal year in the State Lottery Fund is due |
7 | to the play of small games of chance in retail licensed |
8 | establishments in this Commonwealth, the secretary shall certify |
9 | the amount of the decrease due to such activity. The secretary's |
10 | determination shall be based upon an audit or other report of an |
11 | independent expert regarding the decrease. A sum equal to the |
12 | amount of the decrease shall be deducted from the amount to be |
13 | distributed to the General Fund under section 11.2(b) in the |
14 | next fiscal year and deposited in the State Lottery Fund. The |
15 | cost of the audit or independent report may be included in the |
16 | costs of the department to be funded from money in the account |
17 | under section 11.2(b). |
18 | Section 13. This act shall apply as follows: |
19 | (1) The amendment or addition of section 10(e)(4) and |
20 | (5), (e.1)(1) and (h) of the act shall apply to applications |
21 | filed more than 60 days after the effective date of this |
22 | section. |
23 | (2) The amendment or addition of section 10(e)(6) and |
24 | (e.1)(2) of the act shall apply to applications filed more |
25 | than one year after the effective date of this section. |
26 | Section 14. This act shall take effect as follows: |
27 | (1) The following provisions shall take effect |
28 | immediately: |
29 | (i) The amendment or addition of section 10(b), (e), |
30 | (e.1) and (h) of the act. |
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1 | (ii) Section 13 of this act. |
2 | (iii) This section. |
3 | (2) The remainder of this act shall take effect in 60 |
4 | days. |
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