Regular Session 2015-2016 House Bill 1334 P.N. 3342

PRIOR PRINTER'S NO. 1816

PRINTER'S NO. 3342

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1334

Session of

2015

INTRODUCED BY KLUNK, THOMAS, MILLARD, R. BROWN, KOTIK, SAINATO,

WHITE, CAUSER, MARSICO, GROVE, COHEN, IRVIN, DAVIS, WARNER,

PHILLIPS-HILL, SAYLOR, WARD, D. COSTA, JOZWIAK, WATSON,

KORTZ, D. PARKER, SANTORA, NEILSON AND NELSON, JUNE 16, 2015

AS REPORTED FROM COMMITTEE ON GAMING OVERSIGHT, HOUSE OF

REPRESENTATIVES, AS AMENDED, MAY 16, 2016

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 providing for

DEFINITIONS, FOR rules for licensing and operation and for

penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 5(c)(2), (3) and (11) and (d)(5) and (6)

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) and February

12, 1988 (P.L.76, No.14), are amended to read:

Section 5. Rules for licensing and operation.

SECTION 1. THE DEFINITIONS OF "ASSOCIATION," "BINGO" AND

"BONA FIDE MEMBER" IN SECTION 3 OF THE ACT OF JULY 10, 1981

(P.L.214, NO.67), KNOWN AS THE BINGO LAW, AMENDED OR ADDED

DECEMBER 15, 1982 (P.L.1299, NO.293), ARE AMENDED AND THE

SECTION IS AMENDED BY ADDING DEFINITIONS TO READ:

SECTION 3. DEFINITIONS.

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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

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.

"BINGO." A GAME IN WHICH EACH PLAYER HAS A CARD OR BOARD

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CONTAINING FIVE HORIZONTAL ROWS ALL BUT THE CENTRAL ONE

CONTAINING FIVE FIGURES. THE CENTRAL ROW HAS FOUR FIGURES WITH

THE WORD "FREE" MARKED IN THE CENTER THEREOF. ANY PREANNOUNCED

COMBINATION OF SPACES WHEN COMPLETED BY A PLAYER CONSTITUTES

BINGO. IN THE ABSENCE OF A PREANNOUNCEMENT OF A COMBINATION OF

SPACES, ANY COMBINATION OF FIVE IN A ROW WHETHER HORIZONTAL OR

VERTICAL WHEN COMPLETED BY A PLAYER CONSTITUTES BINGO WHEN ITS

NUMBERS ARE ANNOUNCED AND COVERED. A WHEEL OR OTHER MECHANICAL

DEVICE MAY BE USED BY ANY PERSON CONDUCTING THE GAME OF BINGO,

AND ANY SUCH PERSON MAY AWARD A PRIZE TO ANY PLAYER OR PLAYERS

FIRST COMPLETING ANY COMBINATION CONSTITUTING BINGO. THE TERM

SHALL ALSO INCLUDE PREDRAW BINGO.

"BONA FIDE MEMBER." ANY INDIVIDUAL WHO HOLDS A FULL

MEMBERSHIP IN THE ASSOCIATION AS DEFINED BY THE ASSOCIATION'S

CONSTITUTION, CHARTER, ARTICLES OF INCORPORATION OR BYLAWS [AND

HAS BEEN A MEMBER OF THE ASSOCIATION FOR AT LEAST ONE YEAR]. THE

TERM SHALL ALSO INCLUDE THOSE INDIVIDUALS WHO ARE MEMBERS OF AN

AUXILIARY OR RECOGNIZED JUNIOR AFFILIATE OF THE PARENT

ASSOCIATION.

* * *

"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

SERVICES WITHIN THIS COMMONWEALTH. VOLUNTARY EMERGENCY SERVICES

PROVIDED BY A CONSOLIDATED VOLUNTEER FIRE COMPANY MAY INCLUDE

VOLUNTARY AMBULANCE AND VOLUNTARY RESCUE SERVICES.

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* * *

"PREDRAW BINGO." A GAME OF BINGO IN WHICH 24 OR MORE NUMBERS

ARE RANDOMLY GENERATED PRIOR TO THE BEGINNING OF A GAME IN THE

PRESENCE OF AT LEAST FIVE PLAYERS. THE RANDOM NUMBERS SHALL BE

GENERATED THROUGH THE USE OF BALLS OR OTHER OBJECTS SEPARATE

FROM THOSE TO BE USED ONCE A GAME BEGINS OR THROUGH USE OF A

WHEEL OR OTHER MECHANICAL DEVICE. PLAYERS MAY PURCHASE CONCEALED

FACE CARDS TO PLAY THE GAME AFTER THE RANDOM NUMBERS ARE

GENERATED AND CALLED. ANY CARD ON WHICH ALL NUMBERS ON THE CARD

ARE COVERED SOLELY BY THE RANDOM NUMBERS CALLED OR BY THE RANDOM

NUMBERS AND THE SUBSEQUENT NUMBERS CALLED ONCE THE GAME BEGINS

SHALL CONSTITUTE BINGO.

SECTION 2. SECTION 5(A), (C)(2), (3), (4), (9), (10) AND

(11) 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 AND

SUBSECTION (C) IS AMENDED BY ADDING A PARAGRAPH 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

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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

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. § 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

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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.

* * *

the following restrictions and rules governing the operation of

bingo:

* * *

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

in any one week, except an association shall be permitted to

conduct the game of bingo for a period not to exceed ten days

at the association's exposition, carnival or fair site in

addition to the regularly scheduled games.]

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

$500 for any one game of bingo, except for jackpot games

which shall not exceed a value of [$2,000] $4,000 for one

such game. In addition, no more than [$4,000] $8,000 in

prizes shall be awarded in any calendar day.

(4) ONLY ASSOCIATIONS LICENSED TO CONDUCT BINGO SHALL BE

PERMITTED TO ADVERTISE THEIR BINGO GAMES. SUCH ADVERTISEMENTS

SHALL CONTAIN THE DATE, TIME, LOCATION, WHETHER CASH OR

MERCHANDISE PRIZES WILL BE AWARDED AND THE NAME OF THE

ASSOCIATION LICENSED TO CONDUCT THE BINGO GAME AND THE NAME

OF THE INDIVIDUAL IN CHARGE OF THE OPERATION OF THE GAME. [AN

ASSOCIATION SHALL NOT ADVERTISE THE PRIZES OR THEIR DOLLAR

VALUE WHICH WILL BE AWARDED NOR SHALL THEY ADVERTISE A

GUARANTEED PRIZE DOLLAR VALUE.] AN ASSOCIATION SHALL ONLY BE

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PERMITTED TO ADVERTISE THE PRIZES, THEIR DOLLAR VALUE AND ANY

GUARANTEED PRIZE DOLLAR VALUE IN THE FOLLOWING MANNER:

(I) TRANSMISSION USING AN ELECTRONIC DEVICE COMMONLY

USED FOR PERSON-TO-PERSON COMMUNICATION, PROVIDED THAT

THE PERSON RECEIVING THE ADVERTISEMENT HAS PROVIDED

AUTHORIZATION TO THE ASSOCIATION TO RECEIVE

ADVERTISEMENTS FROM THE ASSOCIATION.

(II) A POSTING ON THE ASSOCIATION'S INTERNET WEBSITE

OR OTHER SOCIAL MEDIA OUTLET.

(III) RESIDENTIAL DELIVERY OF A HANDBILL, FLYER OR

OTHER SIMILAR PAPER ADVERTISING INSTRUMENT.

(IV) SIGNAGE AT ONE LOCATION ON THE PROPERTY OF THE

PREMISES WHERE THE BINGO GAMES WILL BE CONDUCTED.

* * *

(9) [NO] EXCEPT AS PROVIDED IN PARAGRAPH (13), NO

ASSOCIATION SHALL PERMIT ANY PERSON WHO IS NOT A BONA FIDE

MEMBER OF THE ASSOCIATION OR WHO HAS BEEN CONVICTED OF A

FELONY OR A VIOLATION OF THIS ACT TO MANAGE, SET UP,

SUPERVISE OR PARTICIPATE IN THE OPERATION OF THE

ASSOCIATION'S BINGO GAMES. NOTHING CONTAINED IN THIS ACT

SHALL BE CONSTRUED TO PROHIBIT INDIVIDUALS UNDER 18 YEARS OF

AGE FROM PARTICIPATING IN THE OPERATION OF THE GAME AND BEING

COMPENSATED THEREFOR IF WRITTEN PERMISSION IS OBTAINED FROM

THEIR PARENT OR GUARDIAN.

(10) ASSOCIATIONS WHICH OBTAIN A LICENSE FOR THE PURPOSE

OF CONDUCTING BINGO AT AN EXPOSITION, CARNIVAL OR FAIR FOR A

PERIOD NOT EXCEEDING TEN DAYS SHALL BE PERMITTED TO CONTRACT

A CHARITABLE ORGANIZATION TO MANAGE, SET UP, SUPERVISE OR

PARTICIPATE IN THE OPERATION OF THE BINGO GAME PROVIDED ONLY

MERCHANDISE PRIZES ARE AWARDED. [ONLY] EXCEPT AS PROVIDED IN

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PARAGRAPH (13), ONLY BONA FIDE MEMBERS OF THE CONTRACTED

CHARITABLE ORGANIZATION SHALL BE PERMITTED TO PARTICIPATE IN

THE OPERATION OF THE BINGO GAME. IF NO CHARITABLE

ORGANIZATIONS ARE AVAILABLE, THE ASSOCIATION MAY CONTRACT AN

OUTSIDE OPERATOR TO CONDUCT THE GAME FOR MERCHANDISE AT THE

EXPOSITION, CARNIVAL OR FAIR SITE. THE PROVISIONS OF THIS

PARAGRAPH SHALL NOT BE CONSTRUED TO ALLOW BINGO GAMES TO BE

ORDINARILY CARRIED OUT ON A COMMERCIAL BASIS IN THIS

COMMONWEALTH.

* * *

[(11) No person shall participate in the operation of

bingo games on more than four days in any calendar week,

which games may be operated by no more than two different

licensed associations. This provision shall not apply to

persons engaged in the operation of bingo for merchandise at

expositions, carnivals or fairs not exceeding ten days in

duration.]

* * *

(13) AN ASSOCIATION OR A CHARITABLE ORGANIZATION MAY

PERMIT A PERSON WHO IS NOT A BONA FIDE MEMBER OF THE

ASSOCIATION OR CHARITABLE ORGANIZATION AND WHO HAS NOT BEEN

CONVICTED OF A FELONY OR VIOLATION OF THIS ACT TO ANNOUNCE

NUMBERS DURING THE CONDUCT OF BINGO IF THE PERSON IS UNDER

THE SUPERVISION OF A BONA FIDE MEMBER OF THE ASSOCIATION OR

CHARITABLE ORGANIZATION. A PERSON WHO IS NOT A BONA FIDE

MEMBER OF THE ASSOCIATION OR CHARITABLE ORGANIZATION MUST BE

APPROVED BY THE ASSOCIATION OR CHARITABLE ORGANIZATION PRIOR

TO ANNOUNCING NUMBERS ACCORDING TO THE ASSOCIATION'S OR

CHARITABLE ORGANIZATION'S CONSTITUTION, CHARTER, ARTICLES OF

INCORPORATION OR BYLAWS.

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

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

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

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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

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] $8,000 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 2 3. Section 7(b) of the act, amended December 15,

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

Section 7. Penalty.

* * *

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

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

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

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

or leased to him, on more than five days in any one week or by

more than one association in any calendar day, except for bingo

being played at an exposition, carnival or fair, is guilty of a

misdemeanor of the first degree.]

Section 3 4. This act shall take effect in 60 days.

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