PRINTER'S NO.  1719

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

1311

Session of

2011

  

  

INTRODUCED BY ORIE, SOLOBAY, RAFFERTY, WARD, FONTANA, KASUNIC, BROWNE, HUGHES, ALLOWAY, BOSCOLA, ERICKSON, SCHWANK, TARTAGLIONE, YUDICHAK AND FOLMER, OCTOBER 26, 2011

  

  

REFERRED TO FINANCE, OCTOBER 26, 2011  

  

  

  

AN ACT

  

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Amending the act of July 10, 1981 (P.L.214, No.67), entitled "An

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act relating to the lawful conduct of bingo, prescribing

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penalties and making a repeal," further providing for

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definitions, for rules for licensing and operation, for

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revocation of licenses and for penalties.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  The definitions of "bingo" and "bona fide member"

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in section 3 of the act of July 10, 1981 (P.L.214, No.67), known

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as the Bingo Law, amended or added December 15, 1982 (P.L.1299,

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No.293), are amended and the section is amended by adding

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definitions to read:

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Section 3.  Definitions.

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The following words and phrases when used in this act shall

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have, unless the context clearly indicates otherwise, the

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meanings given to them in this section:

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* * *

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"Bingo."  A game in which each player has a card [or board], 

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board or electronic bingo device containing five horizontal rows

 


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all but the central one containing five figures. The central row

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has four figures with the word "free" marked in the center

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thereof. Any preannounced combination of spaces when completed

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by a player constitutes bingo. In the absence of a

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preannouncement of a combination of spaces, any combination of

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five in a row whether horizontal or vertical when completed by a

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player constitutes bingo when its numbers are announced and

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covered. A wheel or other mechanical device may be used by any

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person conducting the game of bingo, and any such person may

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award a prize to any player or players first completing any

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combination constituting bingo.

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"Bona fide member."  Any individual who holds a full

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membership in the association as defined by the association's

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constitution, charter, articles of incorporation or bylaws [and

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has been a member of the association for at least one year]. The

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term shall also include those individuals who are members of an

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auxiliary or recognized junior affiliate of the parent

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association.

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* * *

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"Electronic bingo device."  An electronic or mechanical

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device that is used by a bingo player to mark representations of

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bingo card faces stored in the device and shall not include any

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device into which coin, currency or tokens are inserted directly

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to activate play or which uses wireless communication

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technology.

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* * *

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"Lessor."  A person that permits the conduct of bingo on a

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premises owned by or leased to the person.

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* * *

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Section 2.  Section 5(c), (d) and (e) of the act, amended

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December 15, 1982 (P.L.1299, No.293) and February 12, 1988

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(P.L.76, No.14), are amended and the section is amended by

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adding a subsection to read:

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Section 5.  Rules for licensing and operation.

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* * *

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(c)  Operation.--Each licensed association shall comply with

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the following restrictions and rules governing the operation of

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bingo:

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(1)  No person under the age of 18 shall be permitted to

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play bingo unless accompanied by an adult. Children under 18

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years of age shall not be permitted to play bingo using an

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electronic bingo device.

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(2)  No association shall conduct bingo more than [twice] 

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three times in any one week, except an association shall be

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permitted to conduct the game of bingo for a period not to

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exceed ten days at the association's exposition, carnival or

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fair site in addition to the regularly scheduled games.

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(3)  Prizes awarded shall not exceed a value of $250 for

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any one game of bingo, except [for jackpot] as follows:

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(i)  Jackpot games, which shall not exceed a value of

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$2,000 for one such game. [In addition, no]

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(ii)  No more than [$4,000 in prizes] $10,000 in

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prizes shall be awarded in any calendar day.

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(iii)  Winner-takes-all games, which shall pay out

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100% of the gross revenues generated from the bingo game.

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(4)  Only associations licensed to conduct bingo shall be

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permitted to advertise their bingo games. Such advertisements

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shall contain the date, time, location, whether cash or

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merchandise prizes will be awarded and the name of the

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association licensed to conduct the bingo game and the name

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of the individual in charge of the operation of the game. [An

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association shall not advertise the prizes or their dollar

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value which will be awarded nor shall they advertise a

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guaranteed prize dollar value.]

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(5)  The association shall own the equipment used in

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playing bingo or shall sign a written agreement leasing the

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equipment from another licensed association for a fee which

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is not determined by the amount of receipts realized from the

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playing of bingo or the number of people attending bingo

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games. Joint ownership of bingo equipment shall be permitted

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only if both owners of the equipment are licensed

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associations. This paragraph shall not apply to associations

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contracting charitable organizations or outside operators to

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conduct bingo at expositions, carnivals or fairs.

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(6)  The association shall own both the premises upon

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which bingo is played and the personal property used in the

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conduct of the game, or if it does not, the association shall

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sign a written agreement leasing such premises or personal

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property from the owner thereof for a fee which is not

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determined by either the amount of receipts realized from the

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playing of bingo or the number of people attending bingo

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games. An association shall not lease such premises or

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personal property from any person who has been convicted of a

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felony or a violation of this act. More than one association

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may lease the same premises for the conducting of bingo and

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each association shall have its own license, subject to the

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limitations enumerated in section 7(b).

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(7)  Each association shall keep written records of the

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moneys and merchandise collected and distributed for each day

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they conduct bingo. These records shall indicate the total

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proceeds collected, the total prize money distributed, the

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total value of all merchandise awarded as a prize and the

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amount of moneys paid as rentals or wages and to whom such

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rentals or wages were paid. All prizes awarded having a value

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[greater than $250] of $600 or more shall be specifically

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described in the association's records. The association shall

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obtain the signature receipt of any winner of $600 or more.

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These records shall be maintained by the association. Each

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association shall report to the Department of Revenue prizes

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awarded as required by section 335 of the act of March 4,

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1971 (P.L.6, No.2), known as the "Tax Reform Code of 1971."

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(8)  Each association shall deposit with a financial

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institution all proceeds for each day's bingo game in an

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account in the association's name. This deposit shall be made

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before any of the proceeds may be used for any other purpose,

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except for payment of prize money and compensation to members

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employed in the operation of the game.

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(9)  [No association shall permit any person who is not a

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bona fide member of the association or who has been convicted

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of a felony or a violation of this act to manage, set up,

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supervise or participate in the operation of the

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association's bingo games.] An association may permit any

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person who is a bona fide member of the association or an

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employee of a lessor to manage, set up, supervise or

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participate in the operation of the association's bingo

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games. No association shall permit any person who has been

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convicted of a felony or a violation of this act to manage,

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set up, supervise or participate in the operation of the

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association's bingo games. Nothing contained in this act

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shall be construed to prohibit individuals under 18 years of

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age from participating in the operation of the game and being

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compensated therefor if written permission is obtained from

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their parent or guardian.

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(10)  Associations which obtain a license for the purpose

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of conducting bingo at an exposition, carnival or fair for a

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period not exceeding ten days shall be permitted to contract

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a charitable organization to manage, set up, supervise or

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participate in the operation of the bingo game provided only

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merchandise prizes are awarded. Only bona fide members of the

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contracted charitable organization shall be permitted to

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participate in the operation of the bingo game. If no

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charitable organizations are available, the association may

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contract an outside operator to conduct the game for

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merchandise at the exposition, carnival or fair site. The

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provisions of this paragraph shall not be construed to allow

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bingo games to be ordinarily carried out on a commercial

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basis in this Commonwealth.

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(11)  No person shall participate in the operation of

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bingo games on more than [four] six days in any calendar

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week, which games may be operated by no more than two

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different licensed associations. This provision shall not

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apply to persons engaged in the operation of bingo for

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merchandise at expositions, carnivals or fairs not exceeding

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ten days in duration.

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(12)  No supplier of merchandise nor any person who has

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been convicted of a felony or a violation of this act shall

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have a pecuniary interest in the operation or proceeds of the

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bingo game.

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(d)  Application for license.--Each association shall apply

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to the licensing authority for a license on a form to be

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prescribed by the Secretary of the Commonwealth. Said form shall

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contain an affidavit to be affirmed by the executive officer or

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secretary of the association stating that:

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(1)  No person under the age of 18 will be permitted by

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the association to play bingo unless accompanied by an adult. 

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Children under 18 years of age shall not be permitted to play

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bingo using an electronic bingo device.

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(2)  The facility in which any game of bingo is to be

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played does have adequate means of ingress and egress and

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adequate sanitary facilities available in the area.

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(3)  The association is the sole or joint owner with a

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licensed association of the equipment used in playing bingo

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or it leases the equipment from another licensed association

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under a written agreement for a fee which is not determined

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by the amount of receipts realized from the playing of bingo

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or the number of people attending bingo games. This paragraph

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shall not apply to associations contracting with charitable

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organizations or outside operators to conduct bingo at

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expositions, carnivals or fairs.

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(4)  The association is the owner of both the premises

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upon which bingo is played and the personal property used in

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the conduct of the game or, if it is not, that the

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association is not leasing such premises or personal property

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from the owner thereof under an oral agreement, nor is it

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leasing such premises or personal property from the owner

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thereof under a written agreement at a rental which is

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determined by either the amount of receipts realized from the

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playing of bingo or the number of people attending bingo

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games, nor is it leasing such premises or personal property

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from a person who has been convicted of a felony or a

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violation of this act.

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(5)  The association will not conduct the playing of

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bingo more than [twice] three times per week in any one week,

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except those associations conducting bingo at expositions,

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carnivals or fairs.

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(6)  The association in any calendar day will not award a

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total of more than [$4,000 in prizes] $10,000 in prizes.

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(7)  The association is a nonprofit association as

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defined in this act.

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(8)  The association has complied with the annual

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financial report filing requirements in subsection (d.1)(1).

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(9)  The association has complied with the educational

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requirements contained in subsection (d.1)(2).

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(d.1)  Additional application components.--As part of the

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initial or renewal application filed under subsection (d), each

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association shall comply with all of the following:

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(1)  An association shall file an annual report with the

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licensing authority. The following shall apply:

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(i)  The first annual report required under this

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paragraph shall contain information for the 12-month

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period ending at least 60 days, but not more than 90

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days, prior to the submission of the application.

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Subsequent annual reports shall contain information for

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the most recent 12-month period ending in the same month

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as the initial report.

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(ii)  The annual report shall detail gross receipts

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from the conduct of bingo games, the expenses related to

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the conduct of bingo games, the prizes paid out for bingo

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games and the details as to how the proceeds from bingo

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games were used or disbursed by the association.

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(iii)  The annual report shall be prepared on a one-

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page form to be designed by the department. Additional

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schedules shall be included, if necessary, to provide

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specific details on the use or disbursement of the net

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proceeds from bingo games by the association.

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(iv)  A copy of the annual report shall be filed with

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the application to renew the liquor license of an

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eligible organization.

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(2)  An association shall provide evidence to the

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licensing authority that bingo games training has been

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completed under this paragraph. The following shall apply:

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(i)  A minimum of two hours of training shall have

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been completed within the 12-month period immediately

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preceding the date of the application.

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(ii)  The training shall have been completed by the

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executive officer, secretary or a responsible person

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listed on the association's application for a license.

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The person receiving the training shall be associated

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with the conduct of bingo games by the association.

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(iii)  The training shall consist of the completion

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of training materials prepared by the department. The

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training materials shall be designed to assist eligible

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organizations in their compliance with statutory and

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regulatory requirements associated with the conduct of

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games of chance. The training materials shall be

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available on the department's publicly accessible

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Internet website. Upon request, the department shall

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provide hard copies of the training materials at a cost

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not to exceed the actual cost of printing and postage.

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(iv)  This paragraph shall not apply if the

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association submits an affidavit affirmed by the

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executive officer or secretary of the association that

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the association will not conduct bingo games on 30 or

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more days during the licensing period.

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(e)  Limitation on compensation.--No person may be employed

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in the operation or the actual running of a bingo game for

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compensation greater than [$50] $100 per calendar day, except

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employees of outside operators under section 5(c)(10), and any

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person compensated shall be paid individually by check or by

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cash, in which case the payee shall sign a written receipt

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therefor. [In addition, no person shall receive compensation

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from more than one source for services rendered in the operation

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of a bingo game.]

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* * *

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Section 3.  Section 6(a) of the act is amended by adding a

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paragraph to read:

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Section 6.  Revocation of licenses.

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(a)  Grounds.--The licensing authority shall revoke or refuse

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to renew the license of any association whenever the district

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attorney finds upon investigation that:

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* * *

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(9)  The association has failed to keep and maintain the

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records required under this act for a period of two years.

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* * *

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Section 4.  Section 7(b) of the act, amended December 15,

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1982 (P.L.1299, No.293), is amended to read:

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Section 7.  Penalty.

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* * *

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(b)  Misdemeanor.--Any person who conducts or assists in the

30

conducting of bingo in violation of the provisions of this act,

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1

is guilty of a misdemeanor of the first degree. Any person who

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permits the conduct of bingo on the same premises, owned by him

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or leased to him, on more than [five] seven days in any one week

4

or by more than [one association] three associations in any

5

calendar day, except for bingo being played at an exposition,

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carnival or fair, is guilty of a misdemeanor of the first

7

degree.

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Section 5.  This act shall apply as follows:

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(1)  The amendment or addition of section 5(d)(8) and

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(d.1)(1) of the act shall apply to applications filed more

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than 60 days after the effective date of this section.

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(2)  The amendment or addition of section 5(d)(9) and

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(d.1)(2) of the act shall apply to applications filed more

14

than one year after the effective date of this section.

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Section 6.  This act shall take effect as follows:

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(1)  Section 5 of this act and this section shall take

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effect immediately.

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(2)  The remainder of this act shall take effect in 60

19

days.

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