AN ACT

 

1Amending the act of December 19, 1988 (P.L.1262, No.156),
2entitled, as amended, "An act providing for the licensing of
3eligible organizations to conduct games of chance, for the
4licensing of persons to distribute games of chance, for the
5registration of manufacturers of games of chance, and for
6suspensions and revocations of licenses and permits;
7requiring records; providing for local referendum by
8electorate; and prescribing penalties," <-in preliminary 
9provisions, further providing for definitions; in games of 
10chance, further providing for games of chance permitted, for 
11prize limits, for regulations of the Department of Revenue 
12and for licensing of eligible organizations to conduct games 
13of chance; in club licensees, further providing for reports 
14by a club licensee and for distribution of proceeds; in 
15enforcement, further providing for revocation of licenses and 
16for enforcement by the Bureau of Liquor Control Enforcement; 
17providing for social card games; and abrogating regulations. 
<-18further providing for the definitions of "daily drawing," 
19"games of chance," "raffle," "public interest purpose" and 
20"weekly drawing"; providing for the definitions of "auxiliary 
21group," "conservation organization" and "race night game"; 
22further providing for games of chance permitted, for prize 
23limits, for limited sales, for distributor licenses, for 
24regulations of department and for licensing of eligible 
25organizations to conduct games of chance.

1The General Assembly of the Commonwealth of Pennsylvania
2hereby enacts as follows:

<-3Section 1. The definitions of "games of chance," "public
4interest purpose" and "raffle" in section 103 of the act of
5December 19, 1988 (P.L.1262, No.156), known as the Local Option
6Small Games of Chance Act, amended February 2, 2012 (P.L.7,
7No.2) and October 24, 2012 (P.L.1462, No.184), are amended and
8the section is amended by adding definitions to read:

9Section 103. Definitions.

10The following words and phrases when used in this act shall
11have the meanings given to them in this section unless the
12context clearly indicates otherwise:

13* * *

14"Coin auction." A game in which a participant buys a
15numbered paddle for a chance to bid on a donated prize with the
16winner determined by a random drawing of corresponding numbers.

17 * * *

18"Games of chance." Punchboards, daily drawings, weekly
19drawings, 50/50 drawings, raffles, selective raffles, poker
20runs, coin auctions, race night games, vertical wheel game and
21pull-tabs, as defined in this act, provided that no such game,
22except for a vertical wheel game, shall be played by or with the
23assistance of any mechanical or electrical devices or media
24other than a dispensing machine or passive selection device and
25further provided that the particular chance taken by any person
26in any such game shall not be made contingent upon any other
27occurrence or the winning of any other contest, but shall be
28determined solely at the discretion of the purchaser. This
29definition shall not be construed to authorize any other form of
30gambling currently prohibited under any provision of Title 18 of

1the Pennsylvania Consolidated Statutes (relating to crimes and
2offenses) or authorized under 4 Pa.C.S. (relating to
3amusements). Nothing in this act shall be construed to authorize
4games commonly known as "slot machines" or "video poker."

5* * *

6"Poker run." A game in which all of the following occur:

7(1) Participants meet at a designated location to
8receive instructions for the event.

9(2) Each participant receives a detailed explanation of
10the game destinations and a score card which will be
11completed as they progress to each destination.

12(3) At each designated stop on the run route, the
13participant draws or is dealt a card at random. The card
14which is drawn or dealt is recorded on the participant's
15score card.

16(4) A winner is determined as the participant which
17makes the highest poker hand at the end of the event.

18* * *

19"Public interest purpose." One or more of the following:

20(1) [The activities and operations of a nonprofit]
21Providing benevolent, religious, educational, philanthropic,
22humane, scientific, patriotic, social welfare, social
23advocacy, public health, public safety, emergency response,
24environmental [or civic objective], historic preservation,
25conservation, athletic, sportsman's safety and education or
26civic services or benefits.

27(2) Initiating, performing or fostering worthy public
28works or enabling or furthering the erection or maintenance
29of public structures.

30(3) Lessening the burdens borne by government or

1voluntarily supporting, augmenting or supplementing services
2which government would normally render to the people.

3(4) Improving, expanding, maintaining or repairing real
4property owned or leased by an eligible organization and
5relating operational expenses used for purposes specified in
6paragraphs (1), (2) and (3).

7The term does not include the erection or acquisition of any
8real property, unless the property will be used [exclusively]
9for one or more of the purposes specified in this definition.

10* * *

11"Race night game." A game in which a participant places a
12wager on a prerecorded horse race.

13"Raffle." A game of chance in which a participant buys a
14ticket for a chance at a prize with the winner determined by a
15random drawing of corresponding ticket stubs to take place at a
16location and date or dates printed upon each ticket. Such games
17of chance shall include lotteries but not daily drawings. Raffle
18winners may be determined by reference to drawings conducted by
19the department pursuant to the act of August 26, 1971 (P.L.351,
20No.91), known as the State Lottery Law. The term includes a
21reverse raffle.

22* * *

23"Selective raffle." A game in which all of the following
24occur:

25(1) The participant buys a ticket or tickets for a
26chance to win a donated prize.

27(2) The participant places the ticket or tickets in a
28designated location for the prize which the participant would
29like to win.

30(3) The winner for each prize is determined by a random

1drawing of tickets with a corresponding number for the prize.

2"Vertical wheel game." A game in which a participant places
3a coin or token on a color, number or word or purchases a ticket
4containing a color, number or word and watches a spinning
5vertical wheel until the pointer of the wheel rests on a section
6of the wheel designating a winner.

7* * *

8Section 2. Section 301 of the act, amended October 24, 2012
9(P.L.1462, No.184), is amended to read:

10Section 301. Games of chance permitted.

11(a) General rule.--Every eligible organization to which a
12license has been issued under the provisions of this chapter may
13conduct games of chance for the purpose of raising funds for
14public interest purposes. Except as provided in Chapter 5, all
15proceeds of a licensed eligible organization shall be used
16exclusively for public interest purposes, for the purchase of
17games of chance, for the payment of the license fee or for the
18payment of the fee for background checks, as required by this
19act. An eligible organization, except a club licensee, may use
20the proceeds received from games of chance conducted by the
21eligible organization to fulfill the public interest purpose of
22the eligible organization.

23(b) Relationship to table games.--A vertical wheel game is
24not a "table game" as defined in 4 Pa.C.S. § 1103 (relating to
25definitions). The designation of a vertical wheel game under
26this act does not preclude the authorization of a vertical wheel
27game as a table game under 4 Pa.C.S. Pt. II (relating to
28gaming).

29Section 3. Section 302 of the act, amended February 2, 2012
30(P.L.7, No.2), is amended to read:

1Section 302. Prize limits.

2(a) Individual prize limit.--Except as provided under
3subsections (d) and (d.1), the maximum prize which may be
4awarded for any single chance shall be $1,000.

5(b) Aggregate prize limit.--No more than [$25,000] $35,000
6in prizes shall be awarded from games of chance by a licensed
7eligible organization in any seven-day period.

8(c) Raffle prize limit.--Up to $10,000 in prizes may be
9awarded in raffles in any calendar month.

10(c.1) Total limit.--All prizes awarded under this section
11shall be subject to the aggregate prize limits under subsection
12(b).

13(d) Exception for raffles.--Notwithstanding subsection (b)
14or (c), a licensed eligible organization may conduct a raffle
15and award a prize or prizes valued in excess of $1,000 each only
16under the following conditions:

17(1) The licensing authority has issued a special permit
18for the raffle under section 308.

19(2) A licensed eligible organization shall be eligible
20to receive no more than eight special permits in any licensed
21term except that a volunteer fire, ambulance or rescue
22organization that is not a club licensee shall be eligible to
23receive ten special permits in any licensed term.

24(3) Only one raffle may be conducted under each special
25permit issued under section 308.

26(4) Except as provided under subsection (d.1), the total
27of all prizes awarded under this subsection shall be no more
28than $100,000 per calendar year.

29(d.1) Additional award.--A volunteer fire, ambulance or
30rescue organization may, in addition to the total under

1subsection (d)(4), award up to $50,000 from raffles which shall
2not be subject to the aggregate limit under subsection (b), (c)
3or (d).

4(f) Daily drawing carryover.--The prize limitation contained
5in subsections (a) and (b) may be exceeded by a daily drawing
6under the following circumstances: a daily drawing may award a
7prize in excess of $1,000 if such prize is the result of a
8carryover of a drawing which resulted from the winning number in
9such drawing not being among the eligible entrants in such
10drawings. Nothing contained herein shall authorize the prize
11limitation as contained in subsections (a) and (b) to be
12exceeded as a result of a failure to conduct a drawing on an
13operating day during which chances were sold for a daily drawing
14or for a daily drawing for which chances were sold in excess of
15$1 or for which more than one chance was sold to an eligible
16participant.

17(g) Additional exception.--When a daily drawing or weekly
18drawing is set up or conducted in such a manner as to pay out or
19award 100% of the gross revenues generated from such drawing,
20the limitation contained in subsection (b) shall not apply.

21(h) Weekly drawing carryover exception.--Weekly drawings
22shall be governed by the prize limitation contained in
23subsection (b). The prize limitation contained in subsection (b)
24may be exceeded by a weekly drawing under the following
25circumstances: a weekly drawing may award a prize where the cash
26value is in excess of [$25,000] $35,000 if such prize is the
27result of a carryover of a drawing or drawings which resulted
28from the winning number or numbers in such drawing or drawings
29not being among the eligible entrants in such drawings. Nothing
30contained in this chapter shall authorize the prize limitation

1under subsection (b) to be exceeded as a result of a failure to
2conduct a drawing for a week during which chances were sold for
3a weekly drawing or for a weekly drawing for which chances were
4sold in excess of $1.

5Section 4. Section 306(b) and (c) of the act, amended
6October 24, 2012 (P.L.1462, No.184), are amended and the section
7is amended by adding subsections to read:

8Section 306. Regulations of department.

9* * *

10(a.1) Review.--The department shall, on an annual basis,
11review the regulations adopted under this act to determine if
12the regulations relating to games of chance require revision or 
13abrogation. The department shall submit a report to the General 
14Assembly by March 1, 2015, and every two years thereafter. The 
15report shall include recommendations for changes to this act or 
16to regulations adopted under this act, if any, including 
17recommendations for additional games of chance. The 
18recommendations for additional games of chance shall not include 
19any game regulated by the Pennsylvania Gaming Control Board 
20under 4 Pa.C.S. (relating to amusements), keno games or any game 
21that requires Internet access to play. The report shall be 
22submitted to the Majority Leader and Minority Leader of the 
23Senate, the Majority Leader and Minority Leader of the House of 
24Representatives and the chairperson and minority chairperson of 
25the standing committees of the Senate and the chairperson and 
26minority chairperson of the standing committees of the House of 
27Representatives with jurisdiction over this act.

28(b) Limitation on recordkeeping requirements.--This section
29shall not be construed to authorize the department to promulgate
30regulations providing for recordkeeping requirements for

1licensed eligible organizations which require unreasonable or
2unnecessary information or a repetitious listing of information.
3The department shall strive to keep such recordkeeping
4requirements from being an undue hardship or burden on licensed
5eligible organizations. For individual prizes of $600 or more,
6records shall include the name and address of the winner. An
7eligible organization shall not obtain or retain receipts of
8prizes that are donated. An eligible organization shall provide
9each winner with a receipt of the value of the prize won of $600
10or more, unless the prize is cash. Except as provided under
11section 701(b), the department may not require the retention of
12records for a period in excess of two years.

13(c) Reporting requirements.--[Each eligible organization
14which has proceeds in excess of $2,500 in a calendar year shall
15submit an annual report to the department including:] Except for
16an organization licensed under section 307(b)(1)(i), each
17eligible organization shall submit an annual report to the
18department for the 12-month period commencing upon the
19anniversary of the date the license was issued. The form for the
20report shall be available in hard copy and electronically from
21the department's Internet website. The report may be submitted
22by mail to the department or through the department's Internet
23website. The report shall include the following:

24(1) Prizes awarded as required under section 335 of the
25act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform
26Code of 1971.

27(2) Amounts expended for public interest purposes.

28Section 5. Section 307(a), (b), (b.1), (b.2), (b.3), (d.1)
29and (h) of the act, amended February 2, 2012 (P.L.7, No.2) and
30October 24, 2012 (P.L.1462, No.184), are amended and subsection

1(b.1) is amended by adding a paragraph to read:

2Section 307. Licensing of eligible organizations to conduct
3games of chance.

4(a) License required.--No eligible organization shall
5conduct or operate any games of chance unless such eligible
6organization has obtained and maintains a valid license [or
7limited occasion license] issued pursuant to this section. An
8auxiliary group of a licensed eligible organization shall be
9eligible to conduct games of chance using the license issued to
10the eligible organization provided that the auxiliary group [or
11groups are] is listed on the application and license of the
12eligible organization. An auxiliary group is not eligible to
13obtain a license [or a limited occasion license]. No additional
14licensing fee shall be charged to an eligible organization for
15an auxiliary [group's eligibility under this chapter. Auxiliary
16groups] group of the organization. An auxiliary group shall not
17include branches, lodges or chapters of a Statewide
18organization.

19(b) Issuance and fees.--The following shall apply:

20(1) [The licensing authority shall license, upon
21application, within 30 days any eligible organization] Within
2230 days of receiving an application from an organization, the
23licensing authority shall grant a license to an eligible
24organization meeting the requirements for licensure contained
25in this chapter to conduct and operate games of chance at
26such locations within the county or in such manner as stated
27on the application as limited by subsection (b.1). The
28license fee to be charged to [each] an eligible organization
29shall be [$100, except for limited occasion licenses which
30shall be $10] as follows:

1(i) For an eligible organization making $40,000 or
2less in proceeds from games of chance in the preceding
3calendar year, $25.

4(ii) For an eligible organization making more than
5$40,000 in proceeds from games of chance in the preceding
6calendar year, $100.

7(2) Licenses shall be [renewable annually upon] issued
8for a period of one year and may be renewed on or after the
9anniversary of the date of issue. The license fee shall be
10used by the licensing authority to administer this act.

11(b.1) Location of games of chance.--

12(1) Except as otherwise provided in this section, a
13licensed eligible organization[, except a limited occasion
14licensee,] may conduct small games of chance at a licensed
15premises. The licensed premises shall be indicated on the
16eligible organization's license application. [Only one
17license shall be issued per licensed premises. Except as
18provided under paragraph (4), a licensed eligible
19organization may not share a licensed premises with another
20licensed eligible organization; and no licensed eligible
21organization may permit its premises to be used for small
22games of chance by another licensed eligible organization.]

23(2) Where there exists a location or premises which is
24the normal business or operating site of the eligible
25organization and the location or premises is owned or leased
26by that eligible organization to conduct its normal business,
27that site shall be the eligible organization's licensed
28premises. If that location consists of more than one
29building, the eligible organization shall identify the
30building that will be designated as the licensed premises.

1(2.1) An eligible organization must notify the district
2attorney to conduct games of chance in a different location
3from the location of the licensed premise that is listed on
4the eligible organization's application and license. The
5notification must include the address of the new location and
6the dates and times the games of chance will be conducted at
7the new location.

8(3) When an eligible organization does not own or lease
9a specific location to conduct its normal business, the
10eligible organization may use the premise of another eligible
11organization to conduct games of chance or may make
12arrangements that are consistent with this act to establish a
13licensed premises, including leasing a premise under a
14written agreement for a rental; however, the rental may not
15be determined by either the amount of receipts realized from
16the conduct of games of chance or the number of people
17attending. An eligible organization may lease a facility for
18a banquet in connection with the serving of a meal based on a
19per-head charge. Prior to the use of the premises of another
20eligible organization to conduct games of chance, an eligible
21organization must notify the district attorney regarding the
22use of the premise of another eligible organization,
23including the address of the premise and the dates and times
24the games of chance will be operated.

25[(3.1) Notwithstanding paragraphs (1), (2) and (3), if
26an eligible organization is unable to conduct games of chance
27at the location listed on its application and license due to
28natural disaster, fire or other circumstance that renders the
29location unusable, the eligible organization may submit a
30written request to the district attorney to conduct games of

1chance in a different location, including the licensed
2premises of another eligible organization. The request must
3include the change in the location and the dates and times
4the games of chance will be operated at the alternative
5location. The district attorney shall establish a limit on
6the duration of the authorization to conduct games of chance
7at the alternative location. Following the expiration of the
8authorization period, the eligible organization must return
9to the location specified in its application and license or
10apply to the licensing authority for a new permanent location
11for the conduct of games of chance. The district attorney may
12approve or deny the request or stipulate additional
13requirements as a condition of approval. If an eligible
14organization permits another eligible organization to use its
15licensed premises to conduct games of chance under this
16paragraph, the eligible organization shall cease its
17operation of games of chance during the time the eligible
18organization utilizing its premises is conducting its games
19of chance] (Reserved).

20(3.2) Notwithstanding paragraphs (1), (2) and (3), the
21following eligible organizations established to raise funds
22shall not be required to conduct a 50/50 drawing or a raffle
23at a licensed premises or to own, lease or establish a
24licensed premises:

25(i) A nonprofit sports team.

26(ii) A primary or secondary school-sponsored club,
27sports team or organization.

28[(4) An eligible organization that has obtained a
29limited occasion license under subsection (b.3) may use
30another eligible organization's licensed premises to conduct

1its games of chance. When a licensed eligible organization is
2permitting a limited occasion licensee to use its licensed
3premises for purposes of games of chance, it shall cease the
4operation of its own games of chance during the period that
5the limited occasion licensee is conducting its games on the
6premises.]

7(5) For purposes of major league sports drawings, the
8facility at which a major league sports team conducts its
9games shall constitute a premises for purposes of this act.

10(b.2) Off-premises games of chance.--Notwithstanding any
11other provisions of this section, all of the following apply:

12(1) A licensed eligible organization may conduct games
13of chance at a location off its premises when the games of
14chance are part of an annual carnival, fair, picnic or
15banquet held or participated in by that licensed eligible
16organization on a historical basis. The licensed eligible
17organization must notify, in writing, the district attorney
18and licensing authority of the location, date and times of
19the event where it will be conducting games of chance.

20(2) Raffle and 50/50 drawing tickets may be sold off the
21licensed premises in a municipality which has adopted the
22provisions of this act by an affirmative vote in a municipal
23referendum. [A licensed eligible organization which plans to
24sell raffle tickets in a municipality located in a county
25other than the county in which the eligible organization is
26licensed shall notify that county's district attorney and
27licensing authority as to the location and the dates that the
28licensed eligible organization plans to sell raffle tickets.]

29[(b.3) Limited occasion licenses.--Eligible organizations
30which do not own their own premises or which do not lease a

1specific location to conduct their normal business may apply for
2a limited occasion license to conduct games of chance on not
3more than three occasions covering a total of seven days during
4a licensed year. A limited occasion license entitles an eligible
5organization to conduct no more than two raffles during a
6licensed year where prizes may not exceed the established limits
7for regular monthly raffles. Holders of a limited occasion
8license may not apply or be granted any other license or special
9permit under this act. No holder of a regular license or special
10permit under this act shall apply or be granted a limited
11occasion license.]

12* * *

13(d.1) Bank account and records.--The licensed eligible
14organization, except for an organization licensed under
15subsection (b)(1)(i), shall keep a bank account to hold the
16proceeds of games of chance, which shall be separate from all
17other funds belonging to the licensed eligible organization.
18Account records shall show all expenditures and income and shall
19be retained by the licensed eligible organization for at least
20two years.

21* * *

22(h) Background checks.--Each application for a license
23submitted by an eligible organization [which has proceeds in
24excess of $2,500 in a year] , except for an organization
25licensed under subsection (b)(1)(i), shall include the results
26of a criminal history record information check obtained from the
27Pennsylvania State Police, as defined in 18 Pa.C.S. § 9102
28(relating to definitions) and permitted by 18 Pa.C.S. § 9121(b)
29(relating to general regulations), for the executive officer and
30[secretary] treasurer of the eligible organization making the

1application for a license or any other person required by the
2department.

3Section 6. Sections 501 and 502 of the act, added February
42, 2012 (P.L.7, No.2), are amended to read:

5Section 501. Club licensee.

6(a) Report.--

7(1) Beginning in 2013, a club licensee shall submit
8semiannual reports to the department for the preceding six-
9month period on a form and in a manner prescribed by the
10department. The form shall be available in hard copy and
11electronically from the department's Internet website. The
12report may be submitted by mail to the department or through
13the department's Internet website.

14(2) The report must be filed under oath or affirmation
15of an authorized officer of the club licensee.

16(3) The report shall include all of the following
17information:

18(i) The proceeds received by the club licensee from
19each game of chance conducted, itemized by week.

20(ii) The amount of prizes paid from all games of
21chance, itemized by week.

22(iii) Other costs incurred related to the conduct of
23games of chance.

24(iv) The verification of amounts distributed for
25public interest purposes itemized under section
26[502(a)(1)] 502(a)(2)(i), itemized by the recipient.

27(v) An itemized list of expenditures made or amounts
28retained and expenditures under section [502(a)(2)]
29502(a)(2)(ii).

30(vi) The address and the county in which the club

1licensee is located.

2(vii) Other information or documentation required by
3the department.

4(b) Distribution.--The department shall provide a copy of
5the report to the Bureau of Liquor Control Enforcement.

6(c) Posting.--The reports under subsection (a) shall be
7published on the department's Internet website.

8Section 502. Distribution of proceeds.

9(a) Distribution.--The proceeds from games of chance
10received by a club licensee shall be distributed as follows:

11[(1) No less than 70% of the proceeds shall be paid to
12organizations for public interest purposes in the calendar
13year in which the proceeds were obtained.

14(2) No more than 30% of the proceeds obtained in a
15calendar year may be retained by a club licensee and used for
16the following operational expenses relating to the club
17licensee:

18(i) Real property taxes.

19(ii) Utility and fuel costs.

20(iii) Heating and air conditioning equipment or
21repair costs.

22(iv) Water and sewer costs.

23(v) Property or liability insurance costs.

24(vi) Mortgage payments.

25(vii) Interior and exterior repair costs, including
26repair to parking lots.

27(viii) New facility construction costs.

28(ix) Entertainment equipment, including television,
29video and electronic games.

30(x) Other expenses adopted in regulation by the

1department.]

2(1) $40,000 may be retained by the club licensee. Except 
3as prohibited by subsection (b)(1), there are no additional
4restrictions on the use of these proceeds by the club
5licensee.

6(2) Any club licensee proceeds remaining after
7distribution under paragraph (1) shall be distributed as
8follows:

9(i) No less than 70% of the proceeds shall be used
10for public interest purposes in the 12-month period from
11which the proceeds were obtained.

12(ii) No more than 30% of the proceeds obtained in a
13calendar year may be retained by a club licensee and used
14for the following operational expenses relating to the
15club licensee:

16(A) Real property taxes.

17(B) Utility and fuel costs.

18(C) Heating and air conditioning equipment or
19repair costs.

20(D) Water and sewer costs.

21(E) Property or liability insurance costs.

22(F) Mortgage payments.

23(G) Interior and exterior repair costs,
24including repair to parking lots.

25(H) New facility construction costs.

26(I) Entertainment equipment, including
27television, video and electronic games.

28(J) Other expenses adopted in regulation by the
29department.

30(a.1) Amounts retained.--Amounts retained by a club licensee

1under subsection (a)(2) shall be expended within [the same
2calendar year] a 12-month period from when the proceeds were
3received unless the club licensee notifies the department that
4funds are being retained for a substantial purchase or project.
5Notification shall include a description of the purchase or
6project, the anticipated cost and the anticipated date of the
7purchase or project.

8(b) Prohibition.--

9(1) Proceeds shall not be used for wages, alcohol or
10food purchases or for the payment of any fine levied against
11the club licensee.

12(2) An officer or employee of a club licensee who
13operates the game of chance shall not participate in the
14game. This paragraph shall not apply to a raffle.

15Section 7. Section 701 of the act, amended February 2, 2012
16(P.L.7, No.2), is amended to read:

17Section 701. Revocation of licenses.

18(a) Grounds.--The following shall be grounds for suspension,
19revocation or nonrenewal of a license:

20(1) Any of the proceeds derived from the operation of
21games of chance by an eligible organization are used for any
22purpose other than for:

23(i) public interest purposes;

24(ii) the purchase of games of chance; or

25(iii) a purpose permitted by Chapter 5.

26(1.1) Any of the funds derived from the operation of
27games of chance by a club licensee are used in a manner that
28does not comply with section 502.

29(2) Any person under 18 years of age is operating or
30playing games of chance.

1(3) The eligible organization has permitted any person
2who has been convicted of a felony in a Federal or State
3court within the past five years or has been convicted in a
4Federal or State court within the past ten years of a
5violation of the act of July 10, 1981 (P.L.214, No.67), known
6as the Bingo Law, or of this act, to manage, set up,
7supervise or participate in the operation of games of chance.

8(4) The facility in which the games of chance are played
9does not have adequate means of ingress and egress and does
10not have adequate sanitary facilities available in the area.

11(5) Any person or persons other than a manager, officer,
12director, bar personnel or a bona fide member of an eligible
13organization have been involved in managing, setting up,
14operating or running games of chance.

15(6) Any person has received compensation for conducting
16games of chance.

17(7) Any prize has been awarded in excess of the limits
18permitted under this act.

19(8) The eligible organization has violated any condition
20of a special permit issued pursuant to section 308.

21(9) The eligible organization conducts the games of
22chance under a lease which calls for:

23(i) leasing such premises from the owner thereof
24under an oral agreement; or

25(ii) leasing such premises from the owner thereof
26under a written agreement at a rental which is determined
27by the amount of receipts realized from the playing of
28games of chance.

29(10) False or erroneous information was provided in the
30original application or in any information provided to the

1licensing authority or the department in any report.

2(11) An eligible organization has been convicted of a
3violation of this act as evidenced by a certified record of
4the conviction.

5[(12) The eligible organization has permitted another
6eligible organization to conduct games of chance on its
7licensed premises without suspending its own operation of
8games of chance during the period that the other licensed
9eligible organization is conducting its games on the
10premises.]

11(13) A club licensee has failed to file an accurate
12report under section 501(a).

13(14) A club licensee has failed to comply with section
14502.

15(15) Failure to file reports under section 501.

16(b) Production of records.--The district attorney may
17require licensees to produce their books, accounts and records
18relating to the conduct of games of chance in order to determine
19if a violation of this act has occurred. Licensees shall also be
20required, upon request, to provide their license, books,
21accounts and records relating to the conduct of games of chance
22to the licensing authority, the Bureau of Liquor Control
23Enforcement or to a law enforcement agency or official. A club
24licensee shall retain records for a period of [five] two years.

25Section 8. Section 702(b) of the act, amended October 24,
262012 (P.L.1462, No.184), is amended to read:

27Section 702. Enforcement.

28* * *

29(b) Bureau of Liquor Control Enforcement.--The following
30shall apply to enforcement:

1(1) If the licensee is a club licensee, the Bureau of Liquor
2Control Enforcement may enforce the provisions of this act in
3accordance with subsection (g). An administrative law judge
4under section 212 of the act of April 12, 1951 (P.L.90, No.21),
5known as the Liquor Code, may impose the penalties under
6subsection (d) following the issuance of a citation by the
7bureau.

8(2) Unless the Bureau of Liquor Control Enforcement has 
9jurisdiction over a club licensee under section 702(b)(1), the
10Bureau of Liquor Control Enforcement shall have no jurisdiction
11to enforce the provisions of this act on any special occasion
12permit holder under section 408.4 of the act of April 12, 1951
13(P.L.90, No.21), known as the Liquor Code.

14* * *

15Section 9. The act is amended by adding a chapter to read:

16CHAPTER 8

17SOCIAL CARD GAMES

18Section 801. Definitions.

19The following words and phrases when used in this chapter
20shall have the meanings given to them in this section unless the
21context clearly indicates otherwise:

22"Nonbanking card game." A card game where players play
23against one another rather than against the house. Nonbanking
24card games may include any of the following:

25(1) Poker games.

26(2) Hearts.

27(3) Rummy.

28(4) Pinochle.

29(5) Bid Whist.

30"Nonbanking card game tournament" or "tournament." A series

1of card games held by a licensed eligible organization during a
2consecutive period of time of not more than 24 hours and not
3held as part of any other games of chance.

4"Pyramid" or "build-up." A card game in which a prize must
5be returned in order to play another game or to be eligible for
6another bigger prize, or a game in which the prize must be
7forfeited if a later game is lost.

8"Social card game" or "card game." A nonbanking card game
9that is played by members at the licensed premises of an
10eligible organization.

11Section 802. Authorization to conduct social card games.

12(a) Authorization.--Notwithstanding any provision of 18
13Pa.C.S. (relating to crimes and offenses) or of this act or any
14other law or regulation to the contrary, social card games may
15be played at the licensed premises of an eligible organization
16in accordance with the requirements of this chapter.

17(b) Conditions.--The following shall apply:

18(1) Card games may only be played by and between members
19of the eligible organization.

20(2) The eligible organization or any other person shall
21not have an interest, financial or otherwise, in the outcome
22of any card game.

23(3) Only nonbanking card games may be played with
24members playing against each other.

25(4) Wagering shall be entirely at the discretion of each
26player.

27(5) The maximum prize or payout for a card game shall be
28limited to $100.

29(6) The eligible organization shall not charge a fee for
30play.

1(7) Not more than ten members may play at any table in a
2card game.

3(8) Card games may only be played in a room set aside
4for those activities at the licensed premises of the eligible
5organization.

6(9) Not more than five gaming tables may be made
7available for the play of card games by the eligible
8organization.

9(10) No card games may be played between the hours of 1
10a.m. and 1 p.m.

11(11) No eligible organization or any other person shall
12collect, obtain or charge any percentage of or shall collect
13or obtain any portion of any wager or winnings of any player
14in a card game, except a player may collect his winnings.

15(12) No eligible organization or any other person shall
16collect, or obtain any money from or charge or impose any fee
17upon, any person that either enables the person to play or
18results in or from the person playing a card game, except
19that this paragraph shall not preclude the collection of a
20membership fee by the eligible organization that is unrelated
21to participation in the play of a card game authorized under
22this chapter.

23(13) An eligible organization that allows the use of its
24premises for the play of card games by its members in
25accordance with this chapter shall submit a schedule of the
26proposed dates of such card games and any card game
27tournament to the licensing authority.

28(c) Required postings.--An eligible organization that
29permits the play of card games at its licensed premises shall
30prominently post the following in close proximity of card game

1tables in the room designated to play card games:

2(1) The wagering limits for each type of card game.

3(2) The rules of play.

4(3) Information on where a person can obtain help for
5problem gambling, including the telephone number for the
6Pennsylvania Compulsive Gambling Hotline.

7(d) Prohibitions.--

8(1) It shall be unlawful for an eligible organization
9to:

10(i) Obtain or collect any money or thing of value
11from the conduct of card games at its licensed premises.

12(ii) Knowingly permit a card game to be played in
13violation of this chapter.

14(iii) Fail to comply with the posting requirement in
15accordance with subsection (c).

16(iv) Engage in any act, practice or course of
17conduct that would constitute fraud or deceit upon any
18player in a card game.

19(v) Allow a person under 21 years of age to play a
20card game at its licensed premises.

21(vi) Knowingly allow any person to employ or attempt
22to employ any device, scheme or artifice to cheat or
23defraud any player in a card game.

24(vii) Advertise any card game in violation of
25section 704.

26(2) A licensed organization that violates paragraph (1)
27shall be subject to the penalties imposed under section
28702(d).

29(e) Applicability.--The requirements of sections 502 and 503
30shall not apply to social card games authorized under this

1chapter.

2Section 803. Card game tournaments.

3(a) Authorization.--Notwithstanding any other provision of
4law or regulation to the contrary, an eligible organization may
5conduct nonbanking card game tournaments. A card game tournament
6conducted by an eligible organization shall comply with all of
7the following:

8(1) Only nonbanking card games shall be played in a card
9game tournament.

10(2) Each card game shall be conducted in a fair and
11honest manner and shall not be operated on a build-up or
12pyramid basis.

13(3) Every player in a tournament shall be given the same
14chance of winning the tournament. Second-chance entries or
15multiple entries shall be prohibited.

16(4) The eligible organization shall conduct each
17tournament and shall not contract with or permit another
18person to conduct the tournament or any card game during the
19tournament.

20(5) Only the eligible organization may receive or have
21any fixed or contingent right to receive, directly or
22indirectly, any profit, remuneration or compensation from or
23related to a card game in a card game tournament, except any
24amount that a person may win as a player on the same basis as
25the other players.

26(6) The eligible organization shall not hold more than
27five card game tournaments annually.

28(7) The eligible organization shall not hold a card game
29tournament within seven calendar days of another tournament
30conducted by the eligible organization.

1(8) The eligible organization may hold only one card
2game tournament during any period of 24 consecutive hours,
3starting from the time the tournament begins.

4(9) At the conclusion of each tournament, the eligible
5organization conducting the tournament shall announce the
6name of the winning player and the amount of winnings.

7(10) The eligible organization shall limit the number of
8tables used in the tournament to not more than five with not
9more than ten players at each table.

10(11) A card game tournament shall only be held in a room
11at the licensed premises designated by the eligible
12organization for the conduct of card games.

13(12) Players in tournaments shall be limited to the
14members of the eligible organization.

15(13) Players shall be 21 years of age or older.

16(14) The card game tournament shall not provide any
17direct financial benefit to the eligible organization or any
18other person, except winning players in the tournament.

19(15) The value of all prizes awarded for each
20tournament, except for a Texas Hold'em tournament, shall not
21exceed $200.

22(16) For a tournament involving Texas Hold'em, all of
23the following shall apply:

24(i) The payment of an entry fee or other
25consideration for participating is prohibited.

26(ii) The value of all prizes awarded to an
27individual winner of a tournament or contest at a single
28table shall not exceed $200 each day.

29(17) The eligible organization shall ensure that
30reasonable accommodations are made for players with

1disabilities.

2(b) Required postings.--Notwithstanding subsection (a), the
3eligible organization shall prominently post the tournament
4rules on a sign in the tournament playing room at least 24 hours
5before the tournament begins. The sign shall be at least 30
6inches by 30 inches, and the rules shall be easily readable. The
7sign shall include all of the following:

8(1) In permanent letters three inches high, the words
9"Tournament Rules."

10(2) Card game or games to be played in the tournament
11and the rules of each card game.

12(3) The prize for each card game and tournament.

13(4) How winners will be determined.

14(5) Any other tournament rules.

15(c) Prizes.--Cash or merchandise prizes may be awarded for
16each card game tournament. All of the following shall apply:

17(1) The eligible organization shall distribute the
18prizes awarded on the day the prizes are won.

19(2) Donated or merchandise prizes shall not be
20repurchased by the eligible organization.

21(3) Only prizes that can be won shall be displayed in
22the room where the tournament will be held.

23Section 10. The provisions of 61 Pa. Code §§ 901.463(4)
24(relating to raffle records), 901.464(9) (relating to punchboard
25and pull-tab records), 901.464a(9) (relating to daily and weekly
26drawing records), 901.466(1) (relating to prize records) and
27901.733(f) (relating to control of prizes) are abrogated.

28Section 11. This act shall take effect immediately.

<-29Section 1. The definitions of "daily drawing," "games of
30chance," "raffle," "public interest purpose" and "weekly

1drawing" in section 103 of the act of December 19, 1988
2(P.L.1262, No.156), known as the Local Option Small Games of
3Chance Act, amended or added February 2, 2012 (P.L.7, No.2) and 
4October 24, 2012 (P.L.1462, No.184), are amended and the section
5is amended by adding definitions to read:

6Section 103. Definitions.

7The following words and phrases when used in this act shall
8have the meanings given to them in this section unless the
9context clearly indicates otherwise:

10* * *

11"Auxiliary group." The term shall not include a branch,
12lodge or chapter of a Statewide organization.

13* * *

14"Conservation organization." A local federation, club or
15chapter of a national or Statewide nonprofit organization whose
16mission includes any of the following:

17(1) Environmental education to promote conservation,
18maintenance, acquisition or improvement of a natural area for
19public use.

20(2) Protection, preservation or management of natural
21resources.

22(3) Restoration, conservation or maintenance of
23wildlife. This paragraph includes the creation or
24preservation of wildlife sanctuaries or preserves.

25"Daily drawing." A game of chance in which a bona fide
26member selects or is assigned a number for a chance at a prize
27with the winner determined by random drawing to take place on
28the licensed eligible organization's licensed premises during
29the same operating day. The term includes games of chance
30commonly known as "member sign-in lotteries" and "half-and-half

1lotteries." Daily drawing winners may be determined with the aid
2of a passive selection device or reference to drawings conducted
3by the department pursuant to the act of August 26, 1971 
4(P.L.351, No.91), known as the State Lottery Law. Daily drawing
5chances may not be sold for an amount in excess of $1, and no
6more than one chance per individual may be sold per drawing. 
7Nothing in this definition shall restrict an eligible 
8organization from conducting more than one drawing per day. 
9After a daily drawing is held, a bona fide member may 
10immediately select a number for a chance at a prize for the next 
11day's daily drawing.

12* * *

13"Games of chance." Punchboards, daily drawings, weekly
14drawings, 50/50 drawings, raffles, pools and pull-tabs, as
15defined in this act, provided that no such game shall be played
16by or with the assistance of any mechanical or electrical
17devices or media other than a dispensing machine or passive
18selection device and further provided that the particular chance
19taken by any person in any such game shall not be made
20contingent upon any other occurrence or the winning of any other
21contest, but shall be determined solely at the discretion of the
22purchaser. This definition includes a race night game. This
23definition shall not be construed to authorize any other form of
24gambling currently prohibited under any provision of [Title 18
25of the Pennsylvania Consolidated Statutes] 18 Pa.C.S. (relating
26to crimes and offenses) or authorized under 4 Pa.C.S. (relating
27to amusements). Nothing in this act shall be construed to
28authorize games commonly known as "slot machines" or "video
29[poker."] poker" or other games regulated by the Pennsylvania 
30Gaming Control Board.

1* * *

2"Pool." A gambling activity in which a person wagers cash<-
3for each chance to win cash or merchandise based on the outcome
4of an event or series of events wherein the participants in the
5event or series of events are natural persons or animals, and is
6a gambling activity that applies all of the following:

7(1) The maximum number of individuals that may
8participate in a pool is 100 people.

9(2) The maximum amount wagered for each individual entry
10in a pool is $20.

11(3) Other than the wager no other money or thing of
12value is paid or given for participation in a pool.

13(4) There is at least one winner from among the
14participants.

15(5) All wagers collected for entry into the pool are
16paid as prizes to one or more of the participants in the pool
17or to a clearly identified nonprofit organization with a
18public interest purpose.

19(6) No wagers or portions thereof are retained by the
20person or eligible organization operating the pool and
21collecting wagers for participation.

22(7) The transaction of entering the pool is incident to
23a bona fide relationship in accordance with this act.

24* * *

25"Public interest purpose." One or more of the following:

26(1) The activities and operations of a nonprofit 
27benevolent, charitable, religious, educational, 
28philanthropic, humane, scientific, patriotic, social welfare, 
29social advocacy, public health, public safety, emergency 
30response, environmental or civic objective.

1(2) Initiating, performing or fostering worthy public
2works or enabling or furthering the erection or maintenance
3of public structures.

4(3) Lessening the burdens borne by government or
5voluntarily supporting, augmenting or supplementing services
6which government would normally render to the people.

7(4) Improving, expanding, maintaining or repairing real
8property owned or leased by an eligible organization and
9relating operational expenses used for purposes specified in
10paragraphs (1), (2) and (3).

11(5) Nonprofit youth sports activities, services to
12support or honor veterans and activities relating to the
13provision of volunteer fire and rescue activities.

14The term does not include the erection or acquisition of any
15real property, unless the property will be used exclusively for
16one or more of the purposes specified in this definition.

17* * *

18"Race night game." A game of chance in which multiple
19participants place wagers on a prerecorded horse race displayed
20on a single screen to multiple participants simultaneously
21during a gaming session that does not exceed eight consecutive
22hours and is not conducted more frequently than once a month.
23This definition does not include an instant racing machine,
24historical racing machine or other similar pari-mutuel device.

25"Raffle." A game of chance in which a participant buys a
26ticket for a chance at a prize with the winner determined by [a
27random drawing] random drawings of corresponding ticket stubs
28[to take place at a]. Except for ticket sales by a conservation
29organization, the location and date or dates shall be printed
30upon each ticket. Such games of chance shall include lotteries

1but not daily drawings. Raffle winners may be determined by
2reference to drawings conducted by the department pursuant to
3the act of August 26, 1971 (P.L.351, No.91), known as the State
4Lottery Law.

5* * *

6"Weekly drawing." A game of chance in which a bona fide 
7member selects or receives a number or numbers for a chance at a 
8prize with the winner determined by a random drawing to take 
9place on the licensed eligible organization's licensed premises 
10at the end of a seven-day period. Weekly drawing winners may be 
11determined with the aid of a passive selection device or 
12reference to drawings conducted by the Department of Revenue 
13pursuant to the act of August 26, 1971 (P.L.351, No.91), known 
14as the State Lottery Law. Weekly drawing chances may not be sold 
15for an amount in excess of $1. After a weekly drawing is held, a 
16bona fide member may immediately select a number for a chance at 
17a prize for the next day's weekly drawing.

18Section 2. Section 301 of the act, amended October 24, 2012 
19(P.L.1462, No.184), is amended to read:

20Section 301. Games of chance permitted.

21Every eligible organization to which a license has been 
22issued under the provisions of this chapter may conduct games of 
23chance for the purpose of raising funds for public interest 
24purposes. Except as provided in Chapter 5, all proceeds of a 
25licensed eligible organization shall be used exclusively for 
26public interest purposes, for the purchase of games of chance[,] 
27or for the payment of the license fee [or for the payment of the 
28fee for background checks], as required by this act.

29Section 3. Section 302(a), (b), (c), (d), (d.1) and (f) of 
30the act, amended February 2, 2012 (P.L.7, No.2), are amended and
 

1the section is amended by adding a subsection to read:

2Section 302. Prize limits.

3(a) Individual prize limit.--Except as provided under 
4subsections (d) and (d.1), the maximum prize which may be
5awarded for any single chance shall be [$1,000] $2,000.

6(b) Aggregate prize limit.--No more than [$25,000] $35,000
7in prizes shall be awarded from games of chance by a licensed
8eligible organization in any seven-day period.

9(c) Raffle prize limit.--Up to [$10,000] $15,000 in prizes 
10may be awarded in raffles in any calendar month.

11* * *

12(d) Exception for raffles.--Notwithstanding subsection (b) 
13or (c), a licensed eligible organization may conduct a raffle
14and award a prize or prizes valued in excess of [$1,000] $2,000 
15each only under the following conditions:

16(1) The licensing authority has issued a special permit
17for the raffle under section 308.

18(2) A licensed eligible organization shall be eligible
19to receive no more than eight special permits in any licensed
20term except that a volunteer fire, ambulance or rescue or 
21conservation organization that is not a club licensee shall
22be eligible to receive ten special permits in any licensed
23term.

24(3) Only one raffle may be conducted under each special
25permit issued under section 308.

26(4) Except as provided under subsection (d.1), the total
27of all prizes awarded under this subsection shall be no more
28than [$100,000] $150,000 per calendar year.

29(d.1) Additional award.--A volunteer fire, ambulance [or], 
30rescue or conservation organization may, in addition to the
 

1total under subsection (d)(4), award up to $50,000 from raffles 
2which shall not be subject to the aggregate limit under 
3subsection (b), (c) or (d).

4* * *

5(f) Daily drawing carryover.--The prize limitation contained
6in subsections (a) and (b) may be exceeded by a daily drawing
7under the following circumstances: a daily drawing may award a
8prize in excess of [$1,000] $2,000 if such prize is the result
9of a carryover of a drawing which resulted from the winning
10number in such drawing not being among the eligible entrants in
11such drawings. Nothing contained herein shall authorize the
12prize limitation as contained in subsections (a) and (b) to be
13exceeded as a result of a failure to conduct a drawing on an
14operating day during which chances were sold for a daily drawing
15or for a daily drawing for which chances were sold in excess of
16$1 or for which more than one chance was sold to an eligible
17participant.

18* * *

19(i) Concurrent operation.--Nothing under this act shall
20prohibit the concurrent operation of daily or weekly drawings.

21Section 3.1. Section 303(b) of the act, amended February 2,
222012 (P.L.7, No.2), is amended to read:

23Section 303. Sales limited.

24* * *

25(b) Limitation.--No game of chance, other than a raffle
26under section 302(d), sold, offered for sale or furnished to a 
27licensed eligible organization for use within this Commonwealth
28shall contain, permit, depict or designate a prize having a
29prize limit in excess of [$1,000] $2,000.

30Section 4. Section 304(g) and (h) of the act, amended

1February 2, 2012 (P.L.7, No.2), are amended and the section is
2amended by adding a subsection to read:

3Section 304. Distributor licenses.

4* * *

5(c.1) Background.--The department shall conduct and annually
6update a criminal history record check on each individual listed
7under subsection (b)(6).

8* * *

9(g) Ineligibility.--The department shall not issue or renew
10a distributor license for the sale of games of chance to a
11person, including any corporation, firm or partnership which has
12as an officer, director or other person in a supervisory or
13management position, or employee eligible to make sales on
14behalf of the distributor, who:

15(1) has been convicted of a felony in a state or Federal
16court within the past five years; or

17(2) has been convicted within ten years of the date of
18application in a state or Federal court of a violation of
19[the act of July 10, 1981 (P.L.214, No.67), known as the
20Bingo Law, or of this act or of a gambling-related offense
21under Title 18 of the Pennsylvania Consolidated Statutes
22(relating to crimes and offenses) or other comparable State
23or Federal law.] any of the following:

24(i) This act.

25(ii) The act of July 10, 1981 (P.L.214, No.67), 
26known as the Bingo Law.

27(iii) A gambling-related offense under 4 Pa.C.S.
28(relating to amusements).

29(iv) A gambling-related offense under 18 Pa.C.S.
30(relating to crimes and offenses).

1(v) A Federal or State law comparable to the
2statutes listed under subparagraphs (i), (ii), (iii) and
3(iv).

4(h) License and renewal fees.--The fee for a distributor
5license shall be [$1,000] $2,000. Licenses shall be renewable on
6an annual basis.

7* * *

8Section 5. Section 306(b) and (c) of the act, amended
9October 24, 2012 (P.L.1462, No.184), are amended and subsection
10(a) is amended by adding a paragraph to read:

11Section 306. Regulations of department.

12(a) Authorization.--The department shall promulgate
13regulations to:

14* * *

15(3.1) Establish procedures to ensure that race night
16games are secure, random and totally dependent upon chance.

17* * *

18(b) Limitation on recordkeeping requirements.--This section
19shall not be construed to authorize the department to promulgate
20regulations providing for recordkeeping requirements for
21licensed eligible organizations which require unreasonable or
22unnecessary information or a repetitious listing of information.
23The department shall strive to keep such recordkeeping
24requirements from being an undue hardship or burden on licensed
25eligible organizations. Except as provided under section 701(b),
26the department may not require the retention of records for a
27period in excess of two years. If an individual prize is in 
28excess of $600, the record shall include the name and address of 
29the winner. An eligible organization shall do all of the 
30following:

1(1) Obtain or retain a receipt of a prize that is
2donated.

3(2) Provide each winner with a receipt of the value of
4the prize won, except if the prize is cash.

5(c) Reporting requirements.--Each eligible organization
6which has proceeds in excess of [$2,500] $30,000 in a calendar
7year shall submit an annual report to the department including:

8(1) Prizes awarded as required under section 335 of the
9act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform
10Code of 1971.

11(2) Amounts expended for public interest purposes.

12Section 6. Section 307(a), (b), (b.1), (b.2), (b.3), (d.1) 
13and (h) of the act, amended February 2, 2012 (P.L.7, No.2) and 
14October 24, 2012 (P.L.1482, No.184), are amended to read:

15Section 307. Licensing of eligible organizations [to conduct
16games of chance].

17[(a) License required.--No eligible organization shall
18conduct or operate any games of chance unless such eligible
19organization has obtained and maintains a valid license or 
20limited occasion license issued pursuant to this section. An 
21auxiliary group of a licensed eligible organization shall be
22eligible to conduct games of chance using the license issued to
23the eligible organization provided that the auxiliary group or
24groups are listed on the application and license of the eligible
25organization. An auxiliary group is not eligible to obtain a 
26license or a limited occasion license. No additional licensing
27fee shall be charged for an auxiliary group's eligibility under
28this chapter. Auxiliary groups shall not include branches,
29lodges or chapters of a Statewide organization.

30(b) Issuance and fees.--The licensing authority shall

1license, upon application, within 30 days any eligible
2organization meeting the requirements for licensure contained in
3this chapter to conduct and operate games of chance at such
4locations within the county or in such manner as stated on the
5application as limited by subsection (b.1). The license fee to
6be charged to each eligible organization shall be $100, except
7for limited occasion licenses which shall be $10. Licenses shall
8be renewable annually upon the anniversary of the date of issue.
9The license fee shall be used by the licensing authority to 
10administer this act.

11(b.1) Location of games of chance.--

12(1) Except as otherwise provided in this section, a
13licensed eligible organization, except a limited occasion
14licensee, may conduct small games of chance at a licensed
15premises. The licensed premises shall be indicated on the
16eligible organization's license application. Only one license
17shall be issued per licensed premises. Except as provided
18under paragraph (4), a licensed eligible organization may not
19share a licensed premises with another licensed eligible
20organization; and no licensed eligible organization may
21permit its premises to be used for small games of chance by
22another licensed eligible organization.

23(2) Where there exists a location or premises which is
24the normal business or operating site of the eligible
25organization and the location or premises is owned or leased
26by that eligible organization to conduct its normal business,
27that site shall be the eligible organization's licensed
28premises. If that location consists of more than one
29building, the eligible organization shall identify the 
30building that will be designated as the licensed premises.

1(3) When an eligible organization does not own or lease
2a specific location to conduct its normal business, the
3eligible organization may make arrangements that are
4consistent with this act to establish a licensed premises,
5including leasing a premise under a written agreement for a
6rental; however, the rental may not be determined by either
7the amount of receipts realized from the conduct of games of
8chance or the number of people attending. An eligible
9organization may lease a facility for a banquet in connection
10with the serving of a meal based on a per-head charge.

11(3.1) Notwithstanding paragraphs (1), (2) and (3), if an
12eligible organization is unable to conduct games of chance at
13the location listed on its application and license due to
14natural disaster, fire or other circumstance that renders the
15location unusable, the eligible organization may submit a
16written request to the district attorney to conduct games of
17chance in a different location, including the licensed
18premises of another eligible organization. The request must
19include the change in the location and the dates and times
20the games of chance will be operated at the alternative
21location. The district attorney shall establish a limit on
22the duration of the authorization to conduct games of chance
23at the alternative location. Following the expiration of the
24authorization period, the eligible organization must return
25to the location specified in its application and license or
26apply to the licensing authority for a new permanent location
27for the conduct of games of chance. The district attorney may
28approve or deny the request or stipulate additional
29requirements as a condition of approval. If an eligible
30organization permits another eligible organization to use its

1licensed premises to conduct games of chance under this
2paragraph, the eligible organization shall cease its
3operation of games of chance during the time the eligible
4organization utilizing its premises is conducting its games
5of chance.

6(3.2) Notwithstanding paragraphs (1), (2) and (3), the
7following eligible organizations established to raise funds
8shall not be required to conduct a 50/50 drawing or a raffle
9at a licensed premises or to own, lease or establish a
10licensed premises:

11(i) A nonprofit sports team.

12(ii) A primary or secondary school-sponsored club,
13sports team or organization.

14(4) An eligible organization that has obtained a limited
15occasion license under subsection (b.3) may use another
16eligible organization's licensed premises to conduct its
17games of chance. When a licensed eligible organization is
18permitting a limited occasion licensee to use its licensed
19premises for purposes of games of chance, it shall cease the
20operation of its own games of chance during the period that
21the limited occasion licensee is conducting its games on the
22premises.

23(5) For purposes of major league sports drawings, the
24facility at which a major league sports team conducts its
25games shall constitute a premises for purposes of this act.

26(b.2) Off-premises games of chance.--Notwithstanding any
27other provisions of this section, all of the following apply:

28(1) A licensed eligible organization may conduct games
29of chance at a location off its premises when the games of 
30chance are part of an annual carnival, fair, picnic or

1banquet held or participated in by that licensed eligible
2organization on a historical basis. The licensed eligible
3organization must notify, in writing, the district attorney
4and licensing authority of the location, date and times of
5the event where it will be conducting games of chance.

6(2) Raffle tickets may be sold off the licensed premises
7in a municipality which has adopted the provisions of this
8act by an affirmative vote in a municipal referendum. A
9licensed eligible organization which plans to sell raffle
10tickets in a municipality located in a county other than the
11county in which the eligible organization is licensed shall
12notify that county's district attorney and licensing
13authority as to the location and the dates that the licensed
14eligible organization plans to sell raffle tickets.

15(b.3) Limited occasion licenses.--Eligible organizations
16which do not own their own premises or which do not lease a
17specific location to conduct their normal business may apply for
18a limited occasion license to conduct games of chance on not
19more than three occasions covering a total of seven days during
20a licensed year. A limited occasion license entitles an eligible
21organization to conduct no more than two raffles during a
22licensed year where prizes may not exceed the established limits
23for regular monthly raffles. Holders of a limited occasion
24license may not apply or be granted any other license or special
25permit under this act. No holder of a regular license or special
26permit under this act shall apply or be granted a limited
27occasion license.] (a) License required.--The following shall 
28apply:

29(1) An eligible organization shall not conduct or
30operate games of chance unless the eligible organization has

1obtained a valid license or limited occasion license issued
2under this section.

3(2) An auxiliary group of a licensed eligible
4organization shall be eligible to conduct games of chance
5using the license issued to the eligible organization if the
6auxiliary group is listed on the application and license of
7the eligible organization. An auxiliary group shall not be
8eligible to obtain a license. No additional licensing fee
9shall be charged for an auxiliary group. If the eligible 
10organization is a club licensee, the games of chance must be 
11held on the club's licensed premises.

12(b) Issuance.--The licensing authority shall issue a license
13within 30 days of the submission of an application by an
14eligible organization that meets the requirements under this
15chapter. The licensee may operate games of chance at any
16facility or location within the county.

17(b.1) Fee.--The license fee to be charged to each eligible
18organization for a regular license shall be $150. The license
19fee to be charged for a limited occasion license shall be $10.
20Licenses shall be renewed annually. The fee shall be used by the
21licensing authority to administer this act.

22(b.2) Location.--The following shall apply:

23(1) A club licensee shall conduct small games of chance
24only at a licensed premises indicated on the license
25application. Only one license shall be issued to a club
26licensee per licensed premises. Except as provided under
27paragraph (3), a club licensee may not share a licensed
28premises with another club licensee.

29(2) An eligible organization that holds a license or
30limited occasion license that is not a club licensee may

1conduct small games of chance at a premises or other location
2which is the normal business or operating site of the
3eligible organization or at any premises or other location
4not prohibited by local ordinance, including the premises of
5a club licensee. A club licensee may continue to conduct
6games of chance simultaneously with the conduct of games of
7chance by a limited occasion licensee.

8(3) The following shall apply:

9(i) Notwithstanding paragraph (1), if a club
10licensee is unable to conduct games of chance at the
11location listed on its application and license due to
12natural disaster, fire or other circumstance that renders
13the location unusable, the eligible organization may
14submit a written request to the district attorney to
15conduct games of chance in a different location,
16including the licensed premises of another eligible
17organization.

18(ii) A request under subparagraph (i) must include
19the change in the location and the dates and times the
20games of chance will be operated at the alternative
21location.

22(iii) The district attorney shall establish a limit
23on the duration of the authorization to conduct games of
24chance at the alternative location. Following the
25expiration of the authorization period, the eligible
26organization must return to the location specified in its
27application and license or apply to the licensing
28authority for a new permanent location for the conduct of
29games of chance. The district attorney may approve or
30deny the request or stipulate additional requirements as

1a condition of approval.

2(iv) If a club licensee permits another eligible
3organization to use its licensed premises under this
4paragraph to conduct games of chance under this
5paragraph, the eligible organization must cease its
6operation of games of chance during the time the eligible
7organization utilizing its premises is conducting its
8games of chance.

9(b.3) Limited occasion license.--An eligible organization
10may apply for a limited occasion license to conduct games of
11chance on not more than three occasions covering a total of
12seven days during a licensed year. A limited occasion license
13shall entitle an eligible organization to conduct no more than
14two raffles during a licensed year where prizes may not exceed
15the established limits for regular raffles. The holder of a
16limited occasion license may not apply for or be granted any
17other license under this act.

18* * *

19(d.1) Bank account and records.--The licensed eligible
20organization shall keep a bank account to hold the proceeds of
21games of chance that exceed $40,000 per year, which shall be
22separate from all other funds belonging to the licensed eligible
23organization. Account records shall show all expenditures and
24income and shall be retained by the licensed eligible
25organization for at least two years.

26* * *

27[(h) Background checks.--Each application for a license
28submitted by an eligible organization which has proceeds in
29excess of $2,500 in a year shall include the results of a
30criminal history record information check obtained from the

1Pennsylvania State Police, as defined in 18 Pa.C.S. § 9102
2(relating to definitions) and permitted by 18 Pa.C.S. § 9121(b)
3(relating to general regulations), for the executive officer and
4secretary of the eligible organization making the application
5for a license or any other person required by the department.]

6Section 7. This act shall take effect in 60 days.