PRINTER'S NO. 94
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
108
Session of
2015
INTRODUCED BY D. COSTA, THOMAS, DUNBAR, DeLUCA, READSHAW,
YOUNGBLOOD AND DEASY, JANUARY 21, 2015
REFERRED TO COMMITTEE ON GAMING OVERSIGHT, JANUARY 21, 2015
AN ACT
Amending the act of July 10, 1981 (P.L.214, No.67), entitled "An
act relating to the lawful conduct of bingo, prescribing
penalties and making a repeal," further defining
"association" and adding definitions; and further providing
for rules for licensing and operation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "association" in section 3 of
the act of July 10, 1981 (P.L.214, No.67), known as the Bingo
Law, amended December 15, 1982 (P.L.1299, No.293), is amended
and the section is amended by adding definitions to read:
Section 3. Definitions.
The following words and phrases when used in this act shall
have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
"Association." A volunteer fire company or an ambulance,
religious, charitable, fraternal, veterans, civic, county fair
or agricultural association, or any separately chartered
auxiliary of any of the above associations, organized as a
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nonprofit organization which shall have existed, and conducted
business in furtherance of their written constitution, charter,
articles of incorporation or bylaw express purpose, for two
years prior to application for a license: Provided, however,
That an association whose membership consists exclusively of
elderly residents of a senior citizen housing project may apply
for a license immediately upon its being organized as such and
need not meet the two-year waiting requirement[.], and Provided,
further, That the two-year waiting requirement shall not apply
to a bona fide consolidated volunteer fire company, if each
volunteer fire company included in the merger or consolidation
establishing the consolidated entity holds a valid and current
bingo license. A consolidated entity may apply for a bingo
license immediately upon it being determined and verified to be
a bona fide consolidated volunteer fire company. This term shall
not be interpreted to include political organizations as
associations eligible for a bingo license. An association shall
not be denied a bingo license because its name denotes
affiliation with a political organization if in fact the
association is not a political organization as evidenced by its
written constitution, charter, articles of incorporation or
bylaw express purpose.
* * *
"Consolidated entity." A bona fide consolidated volunteer
fire company.
"Consolidated volunteer fire company" or "bona fide
consolidated fire company." Two or more volunteer fire
companies which merge or consolidate their use of facilities,
equipment, firefighters and services to provide fire protection
or rescue services and which may offer other voluntary emergency
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services within this Commonwealth. Voluntary emergency services
provided by a consolidated volunteer fire company may include
voluntary ambulance and voluntary rescue services.
* * *
Section 2. Section 5(a) and (d) of the act, amended December
15, 1982 (P.L.1299, No.293) and February 12, 1988 (P.L.76,
No.14), are amended to read:
Section 5. Rules for licensing and operation.
(a) Issuance and fee.--
(1) The licensing authority shall license, upon
application, any association as defined in section 3 to
conduct the game of bingo at one location in the county,
which, when in a county of the second class, shall only be in
the city, borough or township where the main business office
or headquarters of the association is located. The county
treasurer of a county of the second class shall indicate on
each license the city, borough or township where the
association may conduct bingo. The single municipal location
limitation shall not apply to a group of licensed
associations conducting bingo at a central location. The
license fee to be charged to each nonprofit association shall
be $100 per annum except to those recognized senior citizens'
groups who conduct bingo for their members only the fee shall
be $50 per annum. The license fee to be charged to each
agricultural association or county fair shall be $100 per
annum. Associations which conduct bingo only one period each
year for not more than three consecutive days shall be
charged $15 for the issuance of their license. The fees
collected pursuant to this section shall be paid by the
licensing authority into the general fund of the county and
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used for county purposes. All records retained by the
licensing authority relating to the issuance of bingo
licenses and bingo permits shall be public information.
(2) The municipal location limitation applicable to the
conduct of bingo in a county of the second class shall not
apply to two or more volunteer fire companies that merge or
consolidate their use of facilities, equipment, firefighters
and services, provided that the consolidated entity is in
fact a bona fide consolidated volunteer fire company as
determined and verified in accordance with the requirements
of 35 Pa.C.S. ยง 7814 (relating to consolidation incentive).
(3) Notwithstanding the single municipal location
requirement of paragraph (1), if it is determined that the
applicant is a bona fide consolidated volunteer fire company
operating in a county of the second class, such consolidated
volunteer fire company is hereby authorized to conduct the
game of bingo at two locations in the county of the second
class of which one location shall be in the city, borough or
township where the main business office or headquarters of
the merged or consolidated volunteer fire company is located.
The license fee to be charged a merged or consolidated
volunteer fire company that conducts bingo at two locations
in a county of the second class shall be $100 per annum for
each such location. The county treasurer of a county of the
second class shall indicate on each license the city, borough
or township where the merged or consolidated volunteer fire
company may conduct bingo.
* * *
(d) Application for license.--Each association shall apply
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
contain an affidavit to be affirmed by the executive officer or
secretary of the association stating that:
(1) No person under the age of 18 will be permitted by
the association to play bingo unless accompanied by an adult.
(2) The facility in which any game of bingo is to be
played does have adequate means of ingress and egress and
adequate sanitary facilities available in the area.
(3) The association is the sole or joint owner with a
licensed association of the equipment used in playing bingo
or it leases the equipment from another licensed association
under a written agreement for a fee which is not determined
by the amount of receipts realized from the playing of bingo
or the number of people attending bingo games. This paragraph
shall not apply to associations contracting with charitable
organizations or outside operators to conduct bingo at
expositions, carnivals or fairs.
(4) The association is the owner of both the premises
upon which bingo is played and the personal property used in
the conduct of the game or, if it is not, that the
association is not leasing such premises or personal property
from the owner thereof under an oral agreement, nor is it
leasing such premises or personal property from the owner
thereof under a written agreement at a rental which is
determined by either the amount of receipts realized from the
playing of bingo or the number of people attending bingo
games, nor is it leasing such premises or personal property
from a person who has been convicted of a felony or a
violation of this act.
(5) The association will not conduct the playing of
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bingo more than twice per week in any one week, except those
associations conducting bingo at expositions, carnivals or
fairs.
(6) The association in any calendar day will not award a
total of more than $4,000 in prizes.
(7) The association is a nonprofit association as
defined in this act.
(8) The association is a merged or consolidated
volunteer fire company in a county of the second class and
will conduct bingo at two locations in such county.
* * *
Section 3. This act shall take effect in 60 days.
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